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A07430 The defence of peace: lately translated out of laten in to englysshe. with the kynges moste gracyous priuilege; Defensor pacis. English Marsilius, of Padua, d. 1342?; Marshall, William, fl. 1535.; Zwingli, Ulrich, 1484-1531, attributed name.; Jean, de Jandun. aut; Curio, Valentinus, d. 1532, attributed name.; Rhenanus, Beatus, 1485-1547, attributed name. 1535 (1535) STC 17817; ESTC S112620 399,186 289

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playne y t it nedeth no glose whiche thynge also we haue proued here before by the epystle of saynt Iherome to Euander the preeste where he sayth y t all bysshoppes whether it were of Rome or of any other place are all of one the same preesthode meryte or of one powre and auctorytie gyuen by chryste But yet yf any where it be founde in the wrytyngꝭ of certayne holy fathers that Peter is called Princeps a postolorum y t is to say the cheyfe or pryncipall of the apostles it is sayd takynge this word princeps largely vnproperly albeit that it is openly agaynst the sentence sayenge of chryste in the. xx of Mathewe the. xxii of Luke where he sayth The prynces of the gentyles haue domynion of them but you not so And therfore it is to be sayd y t the holy fathers spake not so meanynge y t Peter had any powre or auctoryte gyuen to hym by chryste ouer or vpon the other apostles but peraduenture because he was elder in age or because he fyrste of all the apostles dyd confesse that chryste was the very consubstancyal sone of god or els because peraduēture he was more seruent cōstante or bolde in the sayth or els because he was more often tymes cōuersaūt with christ more often called i secrete busynes counseyles wherfore the apostle in the seconde chapytre to y e Galatyans sayth thus Iames Peter Iohn̄ whiche semed to be y ● pyllers c. where y ● glose after y ● mynde of Ambrose sayth because they were more worshypful for that they were alwayes with our lorde in secrete busynesses A cōuenyēt example of the whiche thynge may be taken of the worldly prynces For one of them is not aboue an other of them by hauynge any powre one ouer an other as the erles of one realine of whom one is not vndre an other of them in iurysdyccion or auctoryte but they be all īmedyatly vnder the kynge yet for all that one or mo then one of them is otherwhyles accōpted more honorable then the other because they be elder or more aūcient or els because they be more excellēt in one or mo vertues or because they be more obsequyouse obedyēt or do more pleasure or seruyce to the kynge or to the realme For whiche cause they be more loued of the kynge or the people had in more reuerēce then the other after this same maner we ought to iudge of the apostles in cōparyson of them one to an other vnto chryst for all they were vnder the powre auctoryte of chryste īmedyatly receyued of hym theyr instytucion in the offyce of preesthode of apostleshyp not one of them of an other as the scrypture wytnesseth openly euery where the sayntꝭ folowynge the scrypture albeit yet y t amonge them saynt Petre was the most worshypfull for the causes aforesayde but not for any powre or auctoryte gyuen to hym by chryste ouer or vpon the other apostles for this powre or auctoryte chryste forbad them to haue one ouer an other as we shewed afore by the. xxiii of Mathewe when he sayde dyrectly to the present purpose vnto them these wordes Be you not in wyl to becalled Rabbi y t is to say mayster for you haue but one mayster chryste all you be brethren lykewyse neyther had he any coactyue iurysdyccion vpon the other apostles more then they had ouer hym so consequently neyther his successours vpon the successours of the other apostles for this chryste vtterly forbad them in the. xx of Mathewe the. xxii of Luke when he sayd dyrectly for y e present purposes vnto them when there was a cōtēcion made amongꝭ them whiche of them shuld be the greatest these wordes folowynge The kyngꝭ pryncꝭ of the gentyles are lordes ouer them they whiche are greatter don exercyse powre auctoryte vpon them but do not you so Chryst coulde nomore openly playnly haue denyed it them why then shall any man beleue the tradycyon of man concernynge this mater whether he be saynt or no saynt more then y e most playne open speche or sayenge of chryste for agaynst suche maner persone or persones chryste speketh in the. vii of Marke when he sayd dyrectly to our present purpose But they honouren me in vayne teachynge the doctrynes preceptes of men for you leaue the cōmaundement of god do holde or kepe the tradyciōs of men a lytle after it foloweth you do wel refuse or make the cōmaūdemēt of god voyde or of none effecte y t you may kepe your owne tradyciōs And this thynge do all they which teachen the Decretalles made by men which sayen that to the bysshop of Rome belōgeth powre domynyon of the tēporal goodes not onely of men of y e churche that is to say ecclesiastical persons but also of the tēporalles belōgynge to kyngꝭ emperours makīge the precepte of god voyde and of none effecte as it was shewed in the. xiiii chapytre as it appereth euydētly of this present chapytre that they may kepe theyr owne tradycyon or constytucyon cōcernynge the temporall goodes for theyr owne profyte aduaūtage But yet yf the apostles had elected chosen saynt Peter as ouerseer to them or more pryncypall because of his age more excellēt holynes as it is had of a certayne decre of Anacletus pope which is cōtayned in the Code or boke of Isydore y e texte of which decre is in this forme folowynge But the other apostles with the same Peter receyued honour powre by egall felowshyp they wylled hym to be cheyfe pryncypall of them yet for all y t it shuld not folowe hereof that his successours in the see of Rome or in any other see yf he were bysshop any where els hath the same priorite or prehemynēce aboue the successours of the other apostles except his successours were chosen ther unto by the successours of the other apostles for some successours of the other apostles were of more vertue then certayne of the successours of Peter Howbeit properly euery bysshop is indyfferently the successour of euery one of the apostles as touchynge to offyce thoughe not as touchynge to place Agayne why shuld this superiorite or prerogatyue belonge more to the successours of Peter in the see of Rome then to his successours in the see of Antioche or of Ierusalem or in any other see yf he had ben bysshop in many sees c. Moreouer euery bysshoppe as touchynge to the intrynsecall dygnyte y t is to say the inseperable dygnyte is indyfferently the successour of eche one of the apostles of the same meryte or perfeccyon as touchynge to the dygnyte aforesayd or offyce for all they haue this powre all one of one the same cause effycyēt or gyuer īmedyatly y t is to wyt of chryste not of hym that put on his hādes vpon them
other apostle neuer presumed to ascribe such maner powre vnto hym selfe neyther by worde or deade wherfore they which affyrme and say this are to be laughte to scorne and nothynge to be beleaued and lesse to be feared seynge that the scryptures crye playnlye the contrarye in the lytterall and manyfest sence of them For saynt Peter had neuer suche powre vpon the apostles or other but he kepte rather equalyte with them accordynge to the precepte of chryste as we haue sayd before wherfore it is red in the. xxiii of Mathewe Be not you wyllynge to be called Rabbi y t is to say in englysshe mayster for your mayster is but one chryst all you ar brethren y t is to say equall one of you with an other he sayd al you exceptynge no man This sentence also is cōfyrmed by the apostle in the seconde chapytre to the Galatianes where he sayth And I went vp to Iherusalem accordynge to the reuelacyon and I conferred with them the gospell which I do preache amonge the Gentyles where y e glose after the mynde of Augustyne sayth And I dyd not learne of them as of superyours that is to wyt of Peter nor of the other more pryncypall apostles of whom it shall be spoken hereafter But I cōferred with them as with my frendes and peers or felowes The same is shewed agayne afterwardes in the same chapytre whan the apostle sayd but whan Peter was com to Antioche I withstode hym openly to his face because he was reprouable c. where the glose after the mynde of saynt Iherome sayth they gaue nothynge to me but I gaue to Peter and it foloweth there cōsequentlye I resysted or withstode hym as his peer or matche for he wolde not haue ben bolde to do this excepte he had knowen hym selfe not to be inferyor Beholde here therfore that Paule was egall to Peter in offyce dygnyte not inferyor albeit that Peter was senior to hym in age and also pastor afore hym in tyme. Lykewyse it appereth that neyther saynt Peter nor any other apostle had preemynence or powre auctoryte aboue other in the dystrybutynge of the tēporall goodes which were offered to the prymatyue churche wherof it is red in the. iiii of the actes for as many as were possessyoners of landes houses solde them and broughte the pryces of them and layde them afore the fete of the apostles and they were deuyded to eche man after as eche one had neade Lo here that the dysposycion orderynge of the temporall thynges whiche were offred vnto the churche was done by the apostles in cōmune togyther and not by Peter alone for it is not sayde they layde afore the fete of Peter but afore y t fete of the apostles neyther is it sayd and Peter deuyded but they were deuyded c. ¶ Tel me therfore wherby or from whence or howe cōmeth the auctoryte to the bysshop of Rome for to dystrybute suche thynges accordynge to his owne pleasure or elles to clayme as dewe to hym selfe alone the thynges bequest in mennes testamentꝭ for charytable causes to good and godlye vses but yet cōmytted to other men for to be kepte or dystrybuted seynge that it is neyther laufull to hym alone neyther yet with an other neyther by the law of god nor yet of man to demaunde or clayme suche maner thynges whiche hath ben cōmytted and betaken to the faythfull custody of other men by reasonable lawes as by the wyll of the testatours or of them y t so ordayned for let the testatour say or wyll any thynge cōcernynge that whiche is his owne it shall be a lawe as it is wryten in other placꝭ For there can be no cause or reason taken of the holy scrypture which maye make vs to beleaue that this powre belongeth to the bysshop of Rome or elles to any other bysshop but rather the contrarye but yf these legacies or bequestꝭ were cōmytted by the kynge to the churche of a certayne and a determynate dyocese for to be dystrybuted than shall it appertayne to those bysshoppes whiche are rulers of y e sayd dyocese but in no wyse to the pope of Rome And the cause of this is for that the bysshop of Rome neyther hathe neyther had of chryste any powre or auctoryte aboue the other that be bysshops or preestes as well as he And this was one of the thyngꝭ purposed of vs syns y e begynnynge of this chapytre For as Peter had not any suche prerogatyue or powre aboue the other apostles euen so neyther the successours of Peter in the epyscopall see of Rome hathe any prerogatyue aboue the successours of the other apostles For Peter had no powre or auctoryte to gyue vnto them preesthode apostleshyp or the dygnyte of a bysshop for all they toke this powre or auctorytie īmedyatlye of chryste not by the mynysterie of Peter more than Peter toke it by the mynysterie of them as we haue proued heretofore euydentlie of the scrypture And saynt Augustyne also sayth the same expressely in his boke of the questions of the newe of the olde testamēt in the. lxxxiiii questyon where he sayth thus The same daye that is to wyt the fyftie daye the lawe was gyuen vpon whiche daye also the holy ghost lyghted cam downe vpon the dyscyples that they shulde take auctoryte also haue cunnynge and knowlege to preache the lawe of the gospel ¶ Moreouer as Peter is red to haue ben elected and chosen bysshop by the multytude of chrysten people neded not the cōfyrmacyon of the other apostles so also y ● other apostles were bysshoppes gouernours in other prouynces without any knowlege of Peter or any instytucyon or consecracyon taken of hym for they were consecrated suffycyently by chryste wherfore it is to be thought supposed lykewyse that the successours of the other apostles neded not any confyrmacyon of the successours of Peter but rather moreouer many successours of the other apostles were elected and instytuted bysshops in dewe fourme and maner and also dyd gouerne and rule theyr prouynces holylie and vertuouslie without any other instytucyon or confyrmacyon of them done by the successours of Peter And this was so laufully obserued euen vnto the tyme of Constanstyne the emperour which gaue as it is lyed a certayne prehemynence powre to the bysshops to the churche of Rome vpon the other churches or all other preestes of the worlde And this equalyte of Peter and the other apostles the apostle Paule dyd sygnyfye in y e seconde of the epystle to the Galatianes whan he sayde They gaue theyr ryght handes of socyetie felowshyp to me to Barnabas that we shulde be apostles preachers amonge the gentyles they them selues amonge the Iewes They gaue then the ryght handes of societie equalyte as it was sayde before of the glose after Augustyne albeit y t the sayenge of the apostle in this poynte is so open
our cōfessyon be approued and alowed by the iudgement of thyne apostleshyp in which sayenge Iherome semeth to meane that it appertayneth to the auctoryte of the bysshop of Rome alone to defyne determyne the doubtefull sentences of the lawe of god also in the artycles of the faythe it is to be answered sayd that Iherome dyd not so meane but he spake these wordes onely for somoche because it dyd belonge to the bysshop of Rome to gyue answers of suche doubtes whiche had be defyned determyned by the generall coūcell aboute the catholyke faythe and aboute the ecclesyastycall customes and ceremonyes For the bysshop of Rome his churche was for this cause made heed most pryncipall of al other churches And a token that Iherome dyd meane so as we haue sayd is this for that in his epystle to Euandre repreuynge rebukyng certayne vsagꝭ customes or maners aboute the deacons of the churche of Rome he sayth thus yf auctoryte be sought for the whole worlde is greatter than a cytie that is to saye the auctoryte of all the churches of the worlde is greatter than the auctoryte of the churche of Rome But yet yf it had ben so that Iherome had meaned that the bysshop of Rome alone had this sayd auctoryte appertaynyng to hym I do refuse his sentence as beynge not canonycall neyther necessarelye deduced cōcluded by the canonycall scrypture ¶ And to y t whiche was brought in of the. xv of Luke he that hereth you hereth me c. it is to be answered sayd that it is true who soeuer hereth you in teachynge the true worde of god and speakynge accordynglye agreablye to the scrypture not blasfemynge vniustly after whiche maner chryste sayde of the pharysyes Do suche thynges as they do say that is to saye do such thynges which they do saye accordynge to the lawe of god as saynt Iherome sayth in y e. xxiii chapytre of Mathewe vpon this sayeng of chryste imedyatly afore reherced Or els thus who soeuer hereth you c. in the thyngꝭ cōmaunded or prohybyted by the lawe of god he is bounde ¶ And to the reasons of Bernarde and fyrste of all vnto that whiche is taken of the seconde boke De consideratione vnto Eugenius pope who arte thou sayth Bernarde the same makynge answere sayth a great preeste hyghest bysshop It is to be answered sayd that yf he vnderstode this by the imedyate ordynacion of god or by the cōmaundemēt of goddes lawe his answere is to be denyed for so it shulde not be cōsonaunt agreablye to the holy Canon or scrypture neyther to y e thynges necessarelye deduced and folowynge of the sayd scrypture But yf he dyd vnderstonde this prymacye or pryncypalyte to agre or belonge vnto hym by the eleccyon or instytucion of men than it is an other thynge And whan he addeth thou arte the pryncypall or cheyfe of bysshops it is true takynge this worde princeps largely y t is to say more pryncipal by the aforesayd institucion but takynge this worde princeps strayghtly narowly y e sayenge of Bernarde is not to be graūted For the same Bernarde denyeth the same Eugeniꝰ cōsequently any other bysshop to haue domynyon or soueraygnte as we haue alledged heretofore in y e v. chapytre of this dyccion of the fyrst boke and the. v. chapytre to the sayd Eugeniꝰ Thou arte the heyre or successour of the apostles so also are y e other bysshops Thou arte saythe Bernarde in prymacie Abell that is trewe thou arte taken chosen for hym but yet by the eleccyon of men or for the reuerence of hym which in tyme was fyrste of all the apostles In gouernaunce thou arte Noe. This is trewe by the instytucion of men amonge clarkes and aboue clarkes In patryarkeshyp thou arte Abraham This is trewe in mynystrynge spyrytuall thyngꝭ onely and by the instytucyon of men Thou arte the father of all spyrytuall fathers In ordre Melchisedech This is trewe as touchynge to preesthode whiche was fygured of chryste by Melchisedech after whiche maner all other preestꝭ are also But not as touchynge to kyngdom for as touchynge to this Melchisedech fygured chryste onely and sygnyfyed none other preeste elles whiche was bothe kynge also preeste and yet for all that he dyd not fygure chryste in this as touchynge to worldly kyngdome For chryste neyther came to raygne neyther wold raygne after this maner that is to wyt worldly as we haue shewed in the. iiii of this dyccion But Melchisedech whiche was both a preest a worldly kynge fygured the preesthod of chryste his heuēly kyngdom not worldly And so moche the lesse than he fygured earthly or worldly kyngdom or domynion in any preest or bysshop For saynt Bernarde denyeth such maner kyngdome to belonge vnto the bysshop of Rome in the place afore expressed more expressely neyther also as touchynge to the prymacie of preesthode Melchisedech dyd fygure any other besydes chryst but this prymacie or principalite is in other preestꝭ as we haue sayd by the instytucion of men In dygnyte Aron This is true as touchynge to the symylytude of prymacie preemynence amonge preestes but yet after a dyuerse maner sondry fascion For Aron was cheyfe preeste by the imedyate instytucyon of god but not so the bysshop of Rome or any other bysshop beynge the successour of the apostles In auctoryte Moyses The same Bernarde sayd the cōtrary hereof openly in the fyrste boke De consideratione in the. v. chapytre in the. iii. boke fyrste chapytre For Moyses was prynce gouernour as touchynge to coactyue lawe as it appereth in the. vii of actꝭ which thynge Bernarde denyeth to belōge to any successour of the apostles in the place afore alledged Agayne Moyses had this by y e imedyate ordynacion of god vpon al Israell But y e bysshop of Rome hath this imedyatly by the graunte of man onely onely vpon the euāgelycall mynystres the mynystres of the temples In iudgemēt Samuell this is true to the lykenes of Samuell but yet after a dyuerse sondrye maner fascyon for ii causes Fyrst because not by the imedyate ordynacion of god as Samuell Secōdarylye because onely vpon preestꝭ other inferyor mynystres of the gospell but Samuell was indyfferētlye vpon al y e people of Israell In powre Peter this is true in the essenciall powre by the workynge of god imedyatlye so is also euery other bysshop or preeste but yet euery bysshop of Rome hath his prymacie aboue other bysshops or preestꝭ onely by y e instytucion of man imedyatly whether Peter had it by the imedyate instytucion of god or not or els by the eleccion of the apostles whiche thynge rather we beleue or suppose accordynge to the scrypture yf it be so that he had any suche prymacy at all as we haue shewed in the. xvi of this dyccion
or kynde of it neyther Arystotell neyther any other of the phylosophers beyng in his tyme or afore his tyme could se or espye or perceyue For the cause that I do meane is a certayne peruerse and lewde opynyon that is and hath ben in men whiche we shall open and declare here after which opynyō occasionally was taken of a meruaylouse effect or worke whiche longe after the tyme of Aristotell was brought forth or wrought by y e moste hygh cause that is to wyt by god contrary to the possybylite of the inferyour nature and contrary to the wont operacion or workyng of the inferyour causes in the worlde For this sophistycall opynyon cloked with the viscene and face of honestye and profyte is vtterly pernycyous to the kynde of man and yf it be not stopped or letted it shall at lengthe and conclusyon gendre and be the cause of intollerable noyaunce and hurte to euery realme countrey Thus than as we haue sayd the fruytes of peas and trāquyllytie are very good and of dyscorde or stryfe which is contrary to it there cōmeth intollerable hurtes and dāmage Wherfore we ought to desyre peas and whan we haue it not to seche for it and get it and whan we haue goten it to kepe it and with all our enforcement to eschewe and put awaye the contrarye stryfe and dyscorde And hereunto all bretherne so moche more colleges and cōmunyties are bounde to helpe eche other both by affeccyon of godlye charyte and also by the bonde or lawe of humayne socyetie which thynge Plato also teacheth vs as Tulle wytnesseth in his boke be officiis whiche sayd we are not borne for our selues onely but parte of our byrth our countrey doth chalenge and parte also our frendes after whiche sentence of Plato Tulle forth with addeth these wordes folowynge and after the mynde and opynyon of the stoyke philosophers and all other thynges whiche are gendred on the erth are created to the vse of men but men are gendered for mennes sake that is to wyt one to helpe an other In this thynge we ought to folowe the gydynge of nature and to bryng forth cōmune vtylyties And bycause it is no lytle cōmune vtylytie but moreouer also great necessytie to open the sophyme of this sayd synguler cause of dyscorde which threateneth to all realmes and cōmunyties no lytle noyauuce or harmes euery man is bounde to gyue watchefull care and dilygent laboure hereunto that is wylllynge and able to se the cōmune profyte for excepte this sophyme be opened and declared this pestylence or myschefe in no wyse may be eschewed or auoyded neyther the pernycyous effecte of it can be perfetely cut awaye from realmes or cyuyle cōmunyties And no man ought to be neglygent in this behalfe or to refuse this sayd care throughe fere or slouthfulnes or throughe any other spyryte of malygnytie for as saynt Paule sayth in the seconde epystle to Tymothe and in the fyrste and seconde chapytre God hath not gyuen to vs the spyryte of feare or drede but of vertue or Boldnes of loue of boldnes I saye and of loue to publysse and sprede abrode the truth wherfore the apostle in the same place consequently saythe in this wyse Be not therfore ashamed of the testymonye the truthe for the Bearynge of whiche testymony chryst sayd that hym selfe came in to the world whan he sayd in the. xviii of Iohn̄ herfore was I borne and for this haue I commen in to the worlde that I myght beare wytnesse to the truth that is to saye to that truth which guydeth or leadeth mankynde to eternall saluacyon After the example therfore of chryst to teache the truthe wherby the aforesayde myschefe of Realmes and ciuyle regymentes may be ceased namely from the sorte of chrysten men to teache the truthe I say whiche guydeth or leadeth to the welth of ciuyle lyfe also is not a lytle auayleable or helpfull to the eternall saluacyon he is more bounde to gyue his dylygence to whome the gyuer of graces hath more largely inspyred the perceyuynge or vnderstandyng of these thynges And who soeuer hathe cunnynge and habilite to do this and leueth it vndone he as beynge vnkynde offendeth greatly as wytnesseth I ames in the. iiii chapitre of his canonicall epystle whan he saythe who soeuer knoweth how to do good and doth it not it is synne to hym for this wycked myschefe the commune enemye of mankynde can not by any other meane be perfytly cut vp neyther the pestylent pernycyous frutes which it hath hytherto brought forth can otherwyse drye vp excepte the iniquite of the cause or rote therof be fyrste openly shewed and reproued for by this waye and none other may the coactyue power of prynces and gouernours saffely begynne and go aboute fynally and vtterlye to ouercome and destroye the frowarde and styffe maynteyners and defenders of this malyce I therfore which am a patauy an borne regardyng and obeyenge the aforesayd monycyons and counsayls of chryste of sayntes and of phylosophers of the spyryte of intellygence or vnderstandynge of these thynges yf any grace hathe ben lende to me and of the spirite of confydence boldnes mynystred to me from aboue from whense as Iames wytnesseth in his fyrste chapytre of his canonycall epystle cōmeth all goodnes whan he sayth euery best gyfte euery perfyte gyfte is from aboue descendyng from the father of lyghtes for the reuerence of hym that hath geuen it to me and for the loue of publysshynge and shewynge openly y e truth for the feruent charyte and loue that I haue to my countre and bretherne that is to wyt for pytye and reseruacyon of them that are oppressed and for the reuocacyon and callynge backe agayne of them that are the oppressours from the bypath of artoure and for the excytacyon and styrrynge vp of them whiche suffereth these thynges to be done and yet ought and are also of power to resyste and withstande them hauynge also a synguler respecte vnto the as vnto the mynystre of god which shal gyue to this worke that ende which he desyreth in outwarde beynge O most noble Lodo wyke emperour of the Romayns in whome by olde and in a maner by a certaynespecyal ryght or tytle of blode eke by thy synguler heoroycal nature excellent vertue is graffed and faste roted a desyre and loue to cut vp heresyes from the rote and vtterly to destroy them to auaunce to kepe and defende the catholyke veryte and all other vertuous dysciplyne and lernynge to kyllvyces to promote and sette forwarde the studyes and exercyses of vertues to quenche debates and stryues to sprede abrode and to norysshe euery where peace or trans quyllyte I haue after the tyme of dylygent and intente serchynge made put the sume of these sentences folowynge in wrytynge bycause I do suppose and Iudge that by them some helpe maye happen or come to your dylygent maiestye and grace whiche intendeth and
that in one sygnyfycatyon it is a certayne cōmune thynge to all kyndes or sortes of Regymentes or gouernaunces yet neuerthelesse in one sygnyfycacyon it betokeneth a certayne specyall kynde of Temperate gouernaunce and power in whiche euery Cytyzene or eche maner person of the cyuyle cōmunytie is somwhat parte taker of the pryncipatyue state by course accordyng to the degre facultie condycyon and estate of the person that is to say whan the multytude gouerneth to the cōmune profyte also and by the wyll and consente of the cytyzens Democratia the contrary to it is a kynde of rule or gouernaunce wherin the rascall cōmunes or the multytude onely of pore men and nedy doth gouerne and rule contrary to the wyll and consent of the other cytyzens and not vtterly to the cōmen profyte accordynge to cōuenyent proporcyon Nowe whiche of thyse wel tempered Regymentes is beste and whiche of the vytyate or intemperate regymentes is the worste Also to speke of the ordre of other Regymentes in goodnes or euylnes it belongeth not to this present consyderacyon But yet to haue spoken thus moche of the dyuysyon of regymentes in to theyr specyall kyndes and of the dyscrypcyon of them Let it be suffycyent at this tyme. ¶ Of the maners of instytutynge regall monarchie and of the assygnacyon of the perfeccyon therof of the maners also of Instytutynge other Regymentes polities or gouernaunces bothe temperate and vitiate The ix Chapytre THyse thynges thus determyned it resteth cōsequently to speke of the maners of makynge and instytutynge the parte or offyce of prynces gouernours and rulers Exipsorum namque natura meliori veldeteriori prouenientibus hinc ciuili regimini tamque actionibus arguere oportet causam agentem a quam tam ipsi quam pars principans peripsos ad politiam vtilins debeant peruenire But because we do intende in this boke to speake of the causes and actions by whiche the parte or offyce of Prynces or gouernours ought to be created we woll afore speake of the maner and cause by whiche this parte hath ben allredy created thoughe seldome to the entent that we maye dyscerne this maner or accyon and the cause immedyate of it from the maners or accyons and the immedyate causes of them by which such maner parte regularly and for the most parte ought to be created which accyons with theyr immedyate causes we maye also conuynce or proue by humayne demonstracyon or sillogisme for comprehensyon or ꝑceyuynge of the maner wherof we speake formaste can not be had by sure or vndoubted demonstracyon And this maner or accyon and the immedyate cause of the sayd accyon by whiche the parte of prynces and gouernours the other partes of a cyuyle cōmunytie hath ben allredye formed or created and instytuted and namely preesthode was the wyll of god immedyatelye cōmaundynge hit by the termynate oracle or speche of some synguler creature or els peraduenture by it owne selfe alone īmedyatlye after whiche maner god instytuted and oppoynted the gouernaunce and rule of the people of Israell vnto the person of Moyses of certayne other Iuges after hym And he instytuted or appoynted preesthode also in to the person of Aaron and of his successours Of whiche sayd cause truly and the free Accyon of it to teache or shewe why this thynge was so done or otherwyse and that thynge not so done we can saye nothynge by demonstracyon but we knowe it by symple credulytie or belefe without reason But there is an other instytucyon of gouernours whiche is caused of mānes mynde immedyatly thoughe it cōmeth of god as of a farre cause and as they call it tanque a causa remota whiche graunteth also all wordely power or gouernaunce as it is had in the xix of Ihon̄ and the Apostle sayth openly in the xiii to the Romaynes and saynt Augustyne also in the. v. boke De ciuitate dei and the. xxi chapitre but yet he doth not this alwayes immedyatly but for the moste parte and well nere euery where he instytuteth and maketh the sayd powers or gouernours the myndes of men to whom he hath graunted the Arbytryment of suche maner instytucyon And of this cause what it is or by what maner accion it ought to instytute suche maner thyngꝭ It maye be assygned and shewed by humayne certytude or demonstratyue sillogisme taken of the vtylytie or hurte of the cōmen wease That maner therfore of Instytutynge prynces and rulers whiche can not be certyfyed by demonstracyon beynge ouerhypped we wyll fyrste treate and speke of the maners of the instytucyon of gouernours done by the wyl of man immedyatlye and afterwardes we woll shewe whiche of the sayd maners is the most sureand moste symple maner or waye of instytutynge prynces or gouernoures Afterwardes of the beste nature of that maner we shall argue or proue the motyue or effectyue cause of whiche cause onely it ought maye be brought forth or caused of whiche thyngꝭ consequently shall appere also the cause whiche ought to moue the best instytucyon and determynacion of the other partes of a cytie And last of all we shall speake of the vnytie of a prynce or gouernour by reason of whiche vnytie It shall appere also what is the vnyte of a cytie or Realme Nowe than persecutynge thyse thynges purposed fyrste of all we shall reken vp the maners of the instytucyon of Regall monarchye speakyng of the orygynall begynnyng of them for this kynde of gouernaunce semeth in a maner cousyn or naturall vnto vs and very nere or nexte to domestycall iconimie or the gouernaunce or ordrynge of an housholde as it appereth of those thynges whiche hathe ben sayde in the thyrde chapitre And the determynacyon of this it shall appere consequentlye of the maners of instytucyon of the other dyuysions or sondry kyndes of gouernaūce and rule The maners or instytucyons of regat monarchie be fyue in nombre after the mynde of Arystotle in the thyrde of the Polytykes and the. x. chapytre The fyrst maner is whan the ruler or gouernoure is ordeyned or appoynted to some one determynate worke but yet concernynge the regyment or gouernaunce of cōmunyte as vnto the guydynge or capytayneshyp of an hoste outher he with the successyon of the same kynted or els for the tyme of lyfe of onely one person after whiche maner Agamennon was instytuted capytayne of y e hooste by the grekes And this offyce is called in the cōmunyties of thyse dayes capytayneshyp or conestableshyp And this capytayne or ruler of the hooste or army medled not with any iudgement in the tyme of peax but yet whyles the hoste dyd warre or durynge the tyme of Batayle he was lorde hauynge power and auctorytie to kylle or otherwyse to punysshe transgressoures The seconde maner is that maner after whiche certayne men are Rulers or gouernours in Asia hauynge domynyon or rule after theyr predecessoures by successyon but yet gouernynge more to the profyte of hym selfe
and so consequently the lawes of theym are vtterly vnperfecte For the case put graunted that the sayd lawes haue a due forme that is to wytte a coactyue precepte of theyr obseruacyon yet for all that they do wante or lacke due condycyon that is to wyt due and trueordynacyon of ryghtfull ryght And vnder this accepcyon or sygnyfycacyon of this worde lex are comprehended all the rules of Cyuyle ryghtes and vtylyties whiche rules haue ben instytuted by y ● auctoryte of man as customes statutes ordenaunces or actes made by the cōmens decretalles and all other lyke rules whiche as we haue sayd are grounded vpon the auctoryte of man But yet we ought to knowe that as well the lawe of the gospell as the lawe of Moyses and peraduenture the other sectes dyuersely consydered and compared in the hole or in the parte of theym vnto the Actes of men for the state of this present worlde or of the worlde to come otherwhyles dothe belonge or hathe belonged hytherto or shall belonge to the thyrde sygnyfycacyon of this worde lex and otherwhyles to the laste sygnyfycacyon of the sayd worlde as it shall be opened and declared more largely in the. viii the. ix of the seconde diccion Certeyne of y t sayd lawes or sectes as touchynge or accordynge to the trouthe and other certayne of theym after or as touchynge to a false Imagynacyon or fantasye and a vayne promyse Thus then there is a certayne rule or a lawe of the Cyuyle actes of men and what it is it appereth euydently of these thynges whiche we haue no we sayde ¶ Of the necessyte of makynge lawes takynge this worde in his moste proper sygnyfycacyon and that it is expedyent no Prynce or gouernour be he neuer so moche vertuous ryghtu ous to gouerne without lawes The xi Chapytre HOwe that we haue thus dyuyded this worde Lawe in to his accepcions or sygnyfycacions we wyll shewe the fynall cause wher fore it is necessarye that Lawes be hadde-takynge this worde in his laste and moste propre sygnyfycacyon The moste pryucypall cause is the Cyuyle ryghte and the cōmen vtylyte or profyte the nexte cause to this is a certayne securyte of the Prynces or gouernoures specyally of and namely of those whiche are gouernoures by inherytaunce and successyon of blode and also the diuturnite or longe contynuaunce of theyr gouernaunce and power or auctoryte That it is necessarye to haue lawes for the former cause that is to wytte for the Cyuyle ryght and cōmen profyte I proue it thus for it is necessary to ordeyne that thynge in a cōmen weale or cyuyle cōmynalte without whiche Cyuyle iudgementes can in no wyse be well gyuen and by whiche they be gyuen duelye and so as they ought to be and by whiche also they be preserued from defalte as moche as is possyple to the Actes of men But suche maner thynge the lawe when the gouernour is appoynted to gyue cyuyle iudgementes accordynge to it ergo the instytucyon or makynge of a lawe is necessarye in a cōmen welthe The fyrste proposicion of this syllogisme is in a maner euydent and knowen of it selfe and very nere vnto the fyrste pryncyples as they are called whiche can not be proued by any thynge more euydent then they be them selues the certentie wherof also ought and maye be taken of the. v. chapitre of this diccion and the. vii parte therof The seconde proposycion of this demonstracyon shall be made euydent by this sayeng that to the completemēt of a iudgement in goodnes that is to saye to this that any iudgement be perfectely good is requyred ryght and vncorrupte affeccyon of the iudges and also true knowledge of the thyngꝭ that be to be iudged the contraries of whiche two thynges done corrupte cyuyle iudgementꝭ For the croked wronge lewde affeccyon of the iudge as hatted loue or couetousnes puerteth y e desyre of the iudge But al these thyngꝭ be kept away from iudgement iudgment is preserued from these when the iudge or gouernour shal be appoynted or assygned to gyue iugementꝭ accordynge to the lawes because the lawe is without all peruerse affeccyon for it is not made onely for the frende or for the enemye or for hym that dothe good or hym y ● doth hurte but it is made vnyuersally or generally for hym who soeuer he be y t doth Cyuylye wel or cyuylye euyll for all the other thyngꝭ ar but accidentall to the lawe without the lawe but they be not so without the iudge for the persones whiche be sette to be iudged maye eyther be frendes or enemyes profytable or noysome persones to hym that sytteth as iudge by gyuynge or promysynge somwhat eyther good or euyll to hym And so lykewyse in all suche intencyons whiche maye cause in a iudge affeccyon peruertynge or corruptynge his iudgement For whiche consyderacyon no maner iudgement as moche as possyble is oughte to be cōmytted and put all togyther to the arbytrement or wyll pleasure of the iudge But oughte to be determyned by the lawe and sentence or iudgement to be pronounced and gyuen of them accordynge to the same lawe And this was the sentence of Arystotle in the thyrde of his Polytykes the. xi chapytre wherin purposynge to serche out wherther it is better for a cōmen wele to be gouerned of the beste man without any lawe or elles of the beste lawe he saythe in this wyse that thyng is better to gouerne or to be iudge whiche hathe no passyon at all that is to saye no maner affeccyon whiche maye peruerte the iudgement than that thyng whiche hath passyons in hit selfe by nature but the lawe is without all suche maner passyon or affeccyon and the mynde of euery man muste nedes haue passyons in it he sayth of euery man exceptyng no man be he neuer so vertuous whiche sentence he repetynge agayne in the fyrste boke of his Rhetorikes and the fyrste chapytre sayth thus Omnium quidem maximū quer●tur scilicet nihil asque lege iudicandum relinque debet arbitrio iudicātis c. That is to say of all thynges it is moste necessarye that no thynge be lefte to the arbytryment or pleasure of the iudge to be iudged without a lawe Quia iudicium legislatoris c. for the iudgement of the lawe maker that is to saye the lawe is not made for any pertyculer person but it is of thynges to come and of generall thynges but the offycer and the iudge syttynge in iudgement do iudge of thyngꝭ present of determynate or ꝑtyculer thyngꝭ to these that is to wyt to the gouernour and iugde is oftentymes annexed loue or hatred desyre of theyr owne synguler profyte so that they can not yet suffycyently se the trouthe or ryghte in iudgement but dothe regarde and hathe respecte in iudgemente to theyr owne propre pleasure and profyte or elles theyr owne dyspleasure and dysprofyte and this also he sayth in the same fyrste
and iudgynge ryght or well it is the more sure waye and lesse ieopardouse that such iudgementes be done accordynge to the lawe than accordynge to the arbrytrement or wyll and pleasure of the iudge And for this cause it is necessarie that a lawe be made and set yf cōmune weales shulde be very well ordred as touchynge to the cyuyle ryghtes and vtylytyes of them for by the lawe the cyuyle iudgementes are preserued from the ignoraunce and from the peruerse or croked affeccyon whiche elles myght be in the iudges And this was the seconde proposycyon and the minor as they call it of our demonstratiue sillogisme by whiche from the begynnynge of this chapytre we haue gone a boute to proue that it is necessarie that lawes be had in a cōmune weale but howe and in what maner a stryfe or cyuyle cause and controuersie rysen whiche is not determyned by the lawe ought to be defyned and determyned or iudged it shall be shewed in the. xiiii chapitre of this diccyon To conclude than lawes are necessarie for the excludynge of the malyce and erroure or ignoraunce of the iudges from cyuyle iudgementes or sentences And for these consyderacyons Arystotle counsayled that to no iudge or gouernour shuld be graunted arbrytrement or fre lybertie to iudge or cōmaunde of cyuyle maters without a lawe in suche thynges wherin the law myght haue determyned wherfore in the. v. boke of the Etikes and the syxte chapytre Arystotle treatynge of iustyce and iniurye saythe in this wyse for this cause we do not suffre a man to gouerne and rule but acordyng to reason that is to wyt accordynge to the lawe And he assygneth the cause here afore alledged that is to wyt the peruerse and croked affeccyon whiche maye happen or chaunce to be in hym Also in the thyrde boke of the politikes and the. vii chapytre he saythe thus By the answere to the fyrste doubte or questyon it is euydent open that none other thynge ought so moche to gouerne and rule as the lawes whiche are well made that is to say as they whiche gouerneth ruleth accordynge to the lawes The same also he sayth in the same iii. boke and the. xii chapytre in this wyse who soeuer therfore byddeth or wylleth the lawe to gouerne and rule he semeth to byd or wyll god and the lawes to gouerne but he that byddeth or wylleth a man to gouerne vnderstande without a lawe after his owne pleasure he ioyneth or putteth to also a beeste and he sheweth the cause why he so sayth a lytle after sayenge Propter quod sine appetitu intellectus lex est as who shulde saye that the lawe is vnderstandynge and knowledge or reason without appetite or luste that is to saye without any affeccyon and this same sentence he repeteth also in his fyrst boke of retorykes and the fyrst chapytre where he saythe thus it is most conuenyent therfore that the well made lawes do determyne all thynges what soeuer doth happen or chaunce and to cōmytte very fewe thynges to the arbrytrement of y e iudges and he assygneth there the afore alledged causes that is to wyt the exclusyon or auoydynge of the malyce or ignoraunce of the iudges from the cyuyle iudgementes which sayd malyce or erroure and ignoraunce can not chaūce to be in the lawe lykewyse as they maye in the iudges as it hathe ben shewed here before And Arystotle speaketh more largelye than thus openlye in the. iiii boke of his politikes and the. iiii chapytre sayenge in this wyse where the lawes do not gouerne and rule that is to saye where the prynces and rulers do not gouerne accordynge to the lawes there is no cōmune weale vnderstande thou temperate or well ordred for the lawe ought to be gouernoure and ruler ouer all Nowe it resteth or remayneth to shewe that all prynces and gouernoures ought to gouerne accordynge to the lawe and not without or besyde it and namelye moste of all other these prynces or kynges whiche are made gouernours with al theyr yssue or ofsprynge that theyr kyngdome or powre maye be more sure from all maner ieopardye or peryll and also may endure and cōtynue the longer whiche was the secondarie fynall cause of the necessyre of lawes to be had assygned of Hus in the begynnynge of his chapitre and fyrste it may be proued by this because to gouerne and rule accordynge to the lawes preserueth the iudgmentes of the sayde gouernoures from the defaulte whiche myght happen by the reason of the ignoraunce or peruerse affeccyon in them by whiche lawes they beynge guyded and well ordred in theyr owne selues and towarde theyr cōmunes or subiectes do lesse suffre sedycyons and so consequentlye do lesse suffre solucyons or destruccyons of theyr kyngdomes whiche myght happen or chaunce to them doynge lewdlie accordynge to theyr wyll and pleasure as Arystotle sayth openlye in the. v. boke of his polytykes and the. x. chapytre Regnum sayth he that is to saye a kyngdome is very seldome or lytle destroyed of those thynges whiche are extrynsecall without it selfe but of it selfe and of intrynsecall causes it chaunceth very ofte to be corrupted and destroyed and that ii maner wayes the one is whan sedicyon ryseth betwene them which are partyners of the kyngdome The seconde waye is whan they begyn to rule and gouerne tyrannously desyrynge and wyffynge to be fordes of many and contrarye to the lawe But perauenture some man wyll obiecte agaynst me and saye that the best man or a very good man is without ignoraunce peruerse or croked affeccyon But let Hus make answere and saye that this cōmeth to passe very seldome and thoughe it chaunce one very good man to be without passyons yet is he not so moche without them as y e lawes is as we haue shewed heretofore by the auctoryte of Arystotle by reason and sensyble experyence that euery mānes soule or mynde hath other whyles some synystre affeccyon whiche thynge we maye byleue by y t whiche is red in the. iiii chapytre of Danyel where mēcyon is made y t there came ii preestes of a wycked mynde purpose agaynst Susāna y t they myght put her to deth they were olde men preestes the iudges of the people y t yere which al this notwithstādynge yet gaue false testymony wytnesse agaynst her because she wold not cōsent applye her selfe to theyr wycked fylthie cōcupyscēce lust Nowe therfore yf they that were preestes aged men of whom a man wolde lytle thynke it were corrupted throughe catnall concupyscence and howe moche more than through couetousnes and other vyces what is to be thought of other men doubtles that no man ▪ be he neuer so vertuous can be without peruerse or corrupte affeccyon and ignoraunce so as the lawe is And therfore it is most sure way that the cyuyle iudgementes be dyrected by the lawe than to be cōmytted to the arbytrement or wyll of the
the lawes but some thynges must nedes be cōmytted to the arbytrement and wyll of the prynce and gouernoure in whiche thynge he maye hurte the cōmune weale yf he be a man of peruerse affeccyon And this was the sentence and mynde of Arystotle in the seconde boke of the politikes and the. viii chapytre whan he sayde thus For they that are set in great powre and auctoryte yf they be vyle and of no valure that is to saye yf they be croked or nought in theyr maners they do moche hurte and hathe done moche hurte as haue some done allredy to the cytie of the Chalcedomianes and because prynces are preserued from doynge of hurte by morall vertue and namely iustyce therfore it is conuenyent yf we maye call that conuenyent which is necessarye y t noman which shal be a prynce or gouernour do wante morall vertue and namely iustyce amonge all other vertues To the whiche vertue of iustyce it is conuenyent in hym that shal be a gouernoure that a certayne vertue be assocyated called Epicikeia by which vertue the iudge is dyrected to equyte mekenes gentylnes and from extremytie cruelnes specyallye and cheyfly in those thynges wherin the lawe is insuffycyent and vnperfyte and getteth no playne determynacyon wherfore Arystotle in the. v. boke of his etykes and the. x. chapytre sayth thus this is y e nature and offyce of the vertue Epicikeia which as I esteme the lawers wyll call Equite to amende the lawe in that parte or be halfe wherin it is vnperfyte and maketh no expresse mencyon suffycyently as touchynge to any partyculer thynge because it speaketh onely generally for this Epicikeia or equyte is a certayne fauourable interpretacyō or moderacyon of the lawe in some case whiche the lawe comprehendeth vnder the generalyte of rygoure in whiche thynge the lawe is sayde for so moche to be vnsuffycyent or vnperfyte because it hathe not excepted the sayde case from the rule whiche for all that it wolde haue excepted from the generalyte of the rule other with some moderacyon or elles vtterlye yf it had consydered that suche case shulde haue so fortuned or chaunced and agayne besyde the aforesayd thynges there is requyred in hym that shal be a prynce or gouernoure a certayne synguler loue or beneuolence towardes the cōmune weale and the cytezens For by the reason of this loue or beneuolence the accyons or deades of the prynce or gouernoure are intented or done the more dylygentlye and the better to the cōmune profyte of the hole multytude togyther and also to the pertyculer profyte of eche one by hym selfe ¶ And besyde these sayde habytes and dysposycyons as they call them or qualytes there is necessarye to a prynce or gouernoure a certayne extrynsecall instrument that is to wytte a certayne nombre of men of armes by whiche he maye execute his cyuyle sentences or iudgementes vpon rebelles and dysobedyent persones by coactyue powre wherfore Arystotle in the. vii boke of the polytykes and the. viii chapytre sayth thus They that lyue togyther in a cyuyle cōmunyte it is necessarye for them to haue arma that is to saye a multytude of men of armes to compelle those that are rebellons and dysobedyent persones to obeye the heed offycers or gouernours for elles the lawes and cyuyle sentences shulde be ydle and serue for nought yf execucyon of them myght not be done and performed And this armed powre of prynce or gouernour had nede to be so great that it do excede the powre of any one subiecte vnder hym or of a great many of them and yet he ought not by the reason of so great armed powre to vyolate or breke the lawes and to rule imperyouslye or lordely besyde or contrarye to the lawes And Arystotle in the thyrde of the polytykes and the. xi chapytre saythe in this wyse A kynge or gouernoure ought to haue so great powre that he may be greatter and more of myghte and strength than eche one of the cōmunes by hym selfe or than many of them togyther Wherfore I saye there ben thre thynges whiche they ought to haue that shall take vpon them the pryncypall and moste hyghe offyces The fyrst is that they do loue the presente state of the cōmune weale The seconde is that they haue great powre to execute those thynges whiche theyr offyce requyreth The thyrde is that they haue vertue and Iustyce by vertue here he vnderstandeth Prudence which is the bonde and the maystres and teacher of all vertues wherfore Arystotle in the. vi boke of the Etykes and the laste chapytre sayth thus In whome soeuer Prudence is whiche is but one vertue in hym is also with the sayde prudence all vertues and Arystotle in the sayd sentēce dyd set Prudence and moral vertue both vnder one in the same parte of the sayde deuysyon because they are not separated or dysseuered at any tyme the one from the other of the whiche mynde and sentence it semeth that he is in the same boke and the same chapytre whan he saythe thus It is manyfeste therfore and euydent of the premysses that it is not possyble a man to be properly or pryncypallye good without Prudence Neyther a man to be prudent without morall vertue And Arystotle in the. v. koke of the polytykes and the. ix chapytre wryteth the thynges whiche we haue here entreated of to be conuenyent and necessarye to hym that shall be a prynce or gouernoure perauenture in contrarye ordre as they ben necessarelye requyred to be declared Of the premysses than it appereth what is the propre subiecte or matere materyall cause of the lawes of men Truly a prynce or gouernour which shal be suffycyently prepared with wisdome or prudence morall vertue namely Iustyce Than what maner persone a prynce or gouernoure ought to be and what thynges are conuenyent and necessarye to hym let it be determyned in this wyse ¶ How y t prynce in a cōmunyte kyngdome is as the herte in a sensyble creature y e without a kynge or prynce no cōmunytie or kyngdome can stande partly of a prynces duetye The xv chapytre THe herte of a sensyble creature which is fyrst fourmed is more noble more perfyte in his qualytes dysposycions than al the other partes of the sensyble creature for in it natura generās hath set ordayned a powre and an instrument by which the resydue of the partes of a sensyble creature are fourmed of cōuenyēt matere or substaūce are also seperated and dysseuered ordred eche in cōparyson to other are kepte in theyr dysposycyons qualytes and are also by it preserued from noyaunce or hurte as moch as nature doth suffre hym to be preserued And whan they are fallen from theyr owne nature by the reason of sycknes or any other impedyment they are repayred restored to theyr owne nature agayne by the vertue powre of this parte ¶ Proporcyonatly moche lyke vnto these thynges
we must cōsydre in a cyuyle cōmunyte beynge instituted cōuenyētly accordynge to reason for all the soule or mynde of the hole multytude of cytezens or cōmunes or els of the bygger parte therof is fourmed or ought to be fourmed in a cyuyle cōmunyte one parte fyrst beynge proporcynated or lyke vnto the herte in a sensyble creature In which parte it setteth or ordayneth a certayne vertue powre or a certayne fourme with actyue powre auctoryte to instytute the other partes of the cyuyle cōmunyte And this parte wherof we do meane is y e prīce or hed gouernour whose vnyuersall vertue or powre in causalite is the lawe and whose actyue powre is the auctoryte of iudgynge of cōmaundynge of executynge the sentences cōcernynge the cyuyle ryghtes and vtylytes wherfore Arystotle in the. vii boke of his polytykes the. viii chapytre sayd this parte to be moste necessary of al other partes in a cyuyle cōmunyte the cause hereof is for that the suffycyencie which is had by the other partes or offyces of a cyuyle cōmunyte all thoughe the sayde partes or offyces were not at all myght be suffycyētly had by other meanes and of other thynges thoughe not so easely ¶ But without a prynce or gouernour a cyuyle cōmunyte can not contynue or longe cōtynue endure for it is necessary can not be otherwyse but that offencyous euyll occasyons shall chaunce as it is sayde in the gospell of Matheue whiche offendicles as the scrypture calleth them are cōtencyons rysen amōge men for iniuryes done of them one to an other which yf they shuld not be iudged or measured by the rule of ryghtfull thynges or iustyce that is to wyt by the lawe by the prynce or gouernour whose offyce is to measure suche thynges accordynge to the lawe there myght chaunce haply by the reason therof fyghtyng a seperacyon of the men beynge congregated in a cyuyle cōmunyte the priuacyon or lacke of a suffycient lyfe The pyrnce also in a cyuyle cōmunyte ought to be more noble more perfyte in his dysposycions or qualytes y t is to wyt in prudēce vertue morall than the other partes of the cyuyle cōmunyte And that for this reason that the cause effectyue of a cyuyle cōmunyte that is to wyt the soule and wyll of the hole cōmunyte haue gyuen to this pryncypall and fyrste parte and hathe put in hym a certayne generall vertue or powre in causalyte that is to wytte the lawe And also an auctorytye and powre to worke and to do execucyon of the sayd lawes And as the naturall heate of the herte as beynge the subiecte by which heate the herte or the fourme therof performeth all his accyons is dyrected and measured in workynge by the fourme or vertue and powre of the herte and elles it shulde not worke to the due ende agayne also as the heate whiche they call cōmunelye the spyryte as beynge the instrumente to performe and fulfyl the accyons or operacyons is gouerned throughe out the hole bodye of the same vertue or powre for elles neyther outher of these heates shulde worke vnto the due ende for fyre worketh worse than the organs or instrumentes as it is red in the seconde boke de generatione and deanima euen so and in lyke maner the auctoryte of rulynge or gouernynge gyuen to any man beynge proporcionated lyke to the heate of the herte as beynge the subiecte and euen so the armed or coactyue powre instrumentall beynge proporcyonate and lyke to the heate whiche we haue called the spyryte ought bothe to be ruled and measured by the lawe in the gyuynge of iudgementes in cōmaundynge and in executynge the cyuyle ryghtes and vtylytes for els the prynce or gouernoure shulde not worke to the due ende that is to wyt to the conseruacyon of the cyuyle cōmunyte as it hathe ben sayde and proued in the. xi chapytre of this dyccyon or fyrst parte Agayne accordynge to the sayd vertue or powre that is to wyt accordynge to the lawe and auctoryte gyuen to hym the prynce or gouernoure ought to instytute and ordayne dyuerse and sundrye partes or offyces in the cyuyle cōmunyte of conuenyent matere that is to wytte of men hauynge artes habytes or qualytes conuenyent mete or accordynge for the sayd offyces For suche maner men are the matere conuenyent of the partes or offyces of a cyuyle cōmunyte as it hathe ben sayde in the. vii chapytre of this diccyon For it is mete in a cyuyle cōmunytie well instytuted to appoynte or assygne such men to the offyces of the cōmune weale whiche haue the operatiue or practyue habytes mete and conuenyent to the sayd offyces And suche as hathe not the conuenyēt habytes and qualytes as for example yonge vnexparte men to ordayne and appoynte them to learne suche habites or craftes and scyences vnto which they are naturally moste inclyned And this was the sentence and mynde of Arystotle whan he sayd in the fyrst boke of his Etykes the seconde chapytre in this wyse what scyence or dyscyplynes ought to be in cyties or cyuyle cōmunytes what maner scyences eche man ought to learne and howe moche or howe farforth this morall philosophie that is to wyt the polytycall prudence or the prudence of makynge lawes doth ordayne and instytute so consequently dothe he also which ordereth the cōmune weale accordynge to the lawe that is for to saye the prynce or gouernoure This same also he sayde in the. vii of the polytykes and the. xiiii chapitre by these wordes he therfore that is lawe maker or that gyueth the lawe ought to haue respecte to all the aforesayde thynges bothe to the partes of the cyuyle cōmunytie and also to the accyons of them The same also he sayd in the. viii boke of the polytykes and the fyrst chapytre whan he sayd thus That the lawe maker had neade or ought to be very dylygent and to take very great hede as touchynge to the ordrynge and dyscyplyne of yonge men no man verely wyl doubte For yf this thynge be not very dylygentlye sene vnto in cyuyle cōmunytes it shal hurte moch the cōmune weale thus than of these premysses it appereth that to y e law maker or vnyuersal multitude in y e parlyamēt assēbled by y e prīces cōmaundement for the same purpose apperteyneth and belongeth the determynacyon or instytucyon of the offyces and partes of a cyuyle cōmunyte that the iudgement the precepte or cōmaundynge and the execucyon of the sayd determynacyon dothe appertayne to hym that is prynce or gouernour accordynge to the lawe And also by the same demonstracyons or syllog●sticall reasons this maye be proued by whiche we proued in the. xii chapytre of this dyccyon or parte that to the sayd vnyuersall multytude belongeth the auctoryte of gyuynge lawes Wherfore it is not lawfull for any man to take vpon hym any offyce in a cyuyle cōmunyte at his owne pleasure and namely
the aforesayde opynyon whiche is as the rote of all the cuylles whiche haue ben done alredye or els hereafter shall be done afterwarde by kepynge vnder with exteryor and outwarde laboure and dylygēce the ygnoraunte or vnryghtuouse bryngers vp and deuysers and also the frowarde defenders of the same To these thynges are all men bounde whiche outher haue knowlege or be of myght and powre to withstande it whiche thynge who soeuer outher dothe not regarde or leneth it vndone they are iniuste and vnryghtuouse wytnesse Tully in the fyrst boke De officiis the. v. chapytre whan he sayd There are two kyndes of īiustyce or vnryghtuousnes the one of them which doth iniurye or wronge to other men the other of them whiche dothe not withstande dryue backe iniurye and wrōge from them to whome it is done yf they be able and of powre Beholde than that accordynge to this notable sentence of Tully not onely they be vnryghtuouse persons whiche dothe iniurye and wronge to other but they also whiche hathe knowlege and be able to forbyd and let them whiche dothe iniurye to other and dothe not prohybyte and let them for euery one of vs is bounden to do this to other by a certayne in a maner lawe naturall y t is to wyt by the dutye of frendshyp and socyete and felowshyp of man whiche lawe left I shulde wyttynglye transgresse it I myght at the leaste wyse seme to my selfe for to be vniust vnryghtuouse I suppose to put by and dryue awaye this pestylence or myschefe from my bretherne the faythfull people of chryste fyrste by lernynge and consequently by myne outwarde laboure and dylygence suche as I shall be able to do for as moche as it is gyuen to me from aboue as me thynke I perceyue vndoubtelye to knowe the sophysme subtyltye therof powre to open it vnto the whiche sophysme or deceytefull cautell the peruerse and croked opynyon and perauenture also the peruerse affeccion vnyted thereunto of certayne bysshoppes of Rome heretofore and at this presēt tyme also beynge and theyr cōplyces whiche is theyr mother and cause of all the aforesayde slaunders and hurtes haue lyued and trusted hetherto and contynuallye laboureth to be sustayned or maynteyned and holden vp by the same ¶ Thus endeth the fyrste boke ¶ The seconde dyccyon or parte of Marsilius of Padwaye of the powre and auctoryte of the Emperoure and the Pope ¶ Of thre Impedymentes maners and wayes to contrarye saye agaynst the veryties contayned in this dyccyon of the intencyon of the thynges whiche here shall be treated of and of the maner and forme of procedynge The fyrste chapytre HOwe therfore beynge aboute to take in hande and to sette vpon so harde hyghe a thynge albeit I do not doubte that no thynge can be obiected agaynst vs whiche maye be grounded vpon the trouthe yet that natwithstandynge I do se warres and bataylles to be prepared and made redy agaynst this worke by iii. hate full and mortall enemyes of the truthe the one is the persecusyon of the vyolent and serce powre of the bysshoppes of Rome and theyr complyces for they shall endeuer them selfe and laboure all that euer they maye to destroye this worke and the publysshers and declarers of it tellynge the trouthe as beynge dyrectlye contrarye to theyr purpose of witholdynge and possessynge wrongfullye temporalles and also beynge agaynst the feruent desyre whiche they haue to haue domynyon and to bete rule from the whiche sayde purpose and desyre it shall be a harde thynge and a great maysterye to reuoke them and to call them awaye by any speche of truthe be it neuer so manyfest playne and opyn But yet I praye god that of his mercy he wyll by his grace vouchsafe to reuoke them and to abate and kepe vnder the vyolent powre of them and that his faythfull people bothe prynces and subiectes maye tame and holde vnder the same powre to the tranquyllyte and quietnes of al the whiche prynces and subiectes they are fooes and enemyes ¶ The seconde aduersary which no lesse prepareth batayle agaynst this worke is the olde enemye in a maner of euery verytye or truthe y t is to wyt the custome of herynge false lyes and gyuynge credence to the same false lyes I saye which haue bene of longe season by some preestes or bysshoppes and other theyr suffraganes sowne and roted in the sowles of very many symple chrysten people for these preestes by certayne theyr speches and also wrytynges hathe entangeled and wrapped in the sentence of god and of man with dyuers implycacyon of the actes and dedes of men as well relygyouse as laye or temporall and verye laboryouse to be explycated and declared insertynge and concludynge afterwardes thoughe vnduelye and vntruly of such wrestynge and wrythynge of sentences certayne sences or meanynges by whiche they haue brought in theyr iniuste and wrongfull domynyon and lordshyp ouer and vpon the faythfull people of chryste gyuynge credence throughe theyr owne symplycyte by certayne deceytefull and crafty argumentes of these preestes and a certayne cōmynacyon or thretenynge of euerlastynge dāpnacyon y t they are boūden by y e ordynaūce of god to y e obseruacyon of such sophystical sayēges wrytīges in which often tymes they trespasse and do amysse inferrynge a conclusyon of such thynges wherof it doth not dewelye folowe For the true meanynge of the thynges wherof the questyon and dysputacyon is made and of theyr true and symple begynnynges beynge wyped out of the myndes of men and false vnderstādynges beynge brought by lytle and lytle in to theyr myndes in the stede of them nowe the dyscernynge of bothe is hyd from very many men For this custome of herynge false and vntrue thynges in what soeuer dyscyplyne it be troubeleth and leadeth men greatlye awaye from the trouthe as Arystotle wytnesseth in his last chapytre of phylosophye By reason of the whiche sayd custome the readers and hearers of this boke also shall greatly be troubled and letted in the begynnynge cheyfely suche as shall be vnskylled in phylosophye and vnexercysed in holye scryptures from the perceruynge and vnderstandynge and also perfyte beleuynge of the verytyes in this boke contayned ¶ The thyrde last hatefull and noysome enemye of the trouthe shall be a great impedyment and lettynge to this doctryne also and that is the enuye of them also whiche albeit they shall beleue that we haue sayde and spoken the troutheyet that natwithstādynge because they shall perceyue an other man to haue ben the declarer and setter forthe of this trewe sentence afore them selues they beynge mouyd therunto by the moste wycked spyryte of brennynge enuye shal set them selues as aduersaryes agaynst the same declarer outher tearynge hym with the secrete and preuye to the of backebytynge and detraccyon or elles with the clamorouse barkynge of presumpcyon ¶ But I wyll leue or cease from my purpose neyther for feare or drede of the vyolente powre of
bonde man or seruaunt which he toke vpon hym for mannes sake gaue trybute and payde money whiche waye than are the bysshoppes and preestes exempte from this by the vertue and strengthe of the wordes of the euangelycall scrypture no nor yet otherwyse from the iurysdyccion of prynces but by the gracyous fauerable graunte of them seynge that chryste Peter gyuynge example to other dyd paye trybute and thoughe chryste whiche was by bodelye generacyon cōmen of the stocke of kynges perauenture dyd not owe of dutye to pay it yet Peter beynge not cōmen of the stocke of kynges neyther had any such cause of exēpcion neyther yet was wyllynge to haue but yf chryst had thought it conuenyent thoughe those whiche shulde be successours to hym in the offyce of preesthode shulde paye trybutes and that theyr temporalles shuld be vnderneth y e powre of the prynces and gouernours of this world he myght without gyuynge of euyll example that is to wyt of makynge preesthode subiecte to the iurysdyccyon of worldly prynces haue ordred and dyspached or ryd those exactours or gatherers of dydrachyn that is to wyt by remouynge or puttynge away the intencyon or purpose of askynge suche thynges or elles by some other cōuenyent way or meane But chryste dyd not repute or thynke it conuenyent to do so but rather he was wyllynge to paye assocyatynge or ioynynge to hym Peter syngulerly amonge y e apostles notwithstandynge that this Peter as we shall shewe in the. xvi chapitre of this dyccyon shulde be afterwarde cheyfest doctoure and hearde of the churche that by suche example no man of the other shulde refuse to do the same Saynt Ambrose vnderstandynge this texte of scrypture taken of the. xvii chapytre of Mathewe in such wyse as we haue sayd before in the epystle whose tytle is of y e delyuerīge of churches sayth The emperour asketh trybute truly it is not denyed hym the landes of y e churche payeth trybute after certayn wordꝭ beynge put betwene he saythe more to the purpose we pay to Cesar those thyngꝭ whiche belongeth to Cesar to god those thynges which belongeth to god Trybute belongeth to Cesar it is not denyed hym saynt Bernarde also more playnly expressynge this to be the meanynge of y e afore rehersed scrypture in a certayne epystle to the archebysshop of Senon saythe in this wyse thus saye they whiche counsayle theyr subiectes to rebelle agaynst theyr superyour But chryste sayth Barnarde bothe cōmaunded and dyd hym selfe otherwyse Gyue you sayth he to Cesar such thynges as apperteyneth vnto Cesar and to god suche thynges as belongeth to god This that he spake with his mouthe anone after he gaue hede to performe and fulfyl in his worke and dede he which was the creature maker of Cesar was not greued neyther dyd put of to paye trybute for he gaue example to you that you shulde do lykewyse whan wolde he haue denyed dewe reuerence to the preestꝭ of god which gaue dylygence to do this reuerence euen to the heathen powers or offycers of the worlde and here we ought to marke and take good hede of this which Bernarde sayth that chryste in that he cared to gyue trybute to the seculer powers dyd gyue also dewe reuerence This reuerence was not coacte nor of compulsyon for euery man oweth of duetye who soeuer he be to pay such maner taxe or trybute to prynces as we shall shewe in y e chapytre nexte folowenge by the auctorytie of the apostles in the. xiii chapytre to the Romaynes by the gloses of sayntes and doctours in the same place moreouer chryste shewed not onely that hym selfe is vnder the coactyue iurysdyccyon of y e seculer price as touchyng reall or tēporall substaūce but also he sheweth y e same in hym selfe as touchynge his ꝑson bodye than y e which personal iurysdyccion it is not possyble for any prynce to haue greatter iurysdyccyon outher vpon hym or any other man for the whiche cause this iurysdyccyon is called also in the lawe of the Romaynes mere empyre This maye be shewed euydently by the. xxvii chapytre of Mathewe for as it is red and appereth there chryste suffered hym selfe to be taken and to be led to the house of Pylate whiche was the deputie of the emperoure of Rome and by hym as iudge of coactyue powre and auctorytie he suffered hym selfe to be iudged and delyuered to extreme punysshement and dethe Neyther dyd he crye agaynst Pylate as agaynst one that oughte not to be his iudge albeit perauenture he gaue knowlege that he suffered not ryght wyse iudgement And it is vndoubtedlye knowen that he myght haue suffered suche iudgement and punysshement by preestes yf he had wolde or yf he had iudged it inconuenyent that his successours in tyme afterwarde to come shulde be subiectes to seculer prynces and be iudged by them And because this sentence is more seryously and ernestly wrytten in the. xix of Iohn̄ I wyll also brynge in here that whiche is had in the sayde place whan chryste was brought to Pylate the emperours deputie and was also accused for that he sayde hym selfe to be kynge of the Iewes and the sone of god whan Pylate had asked Iesu whēse art thou And Iesus had gyuen therto none answere at all Pylate than sayde to hym these wordes folowynge which appertayneth to our purpose wylt thou not speake to me knowest thou not that I haue powre and auctorytie to crucyfie the and let the go at lybertie Iesus answered Thou shuldest not haue any powre at all agaynst me yf it were not gyuen to the from aboue Beholde here that Iesus dyd not denye that Pylate had auctorytie to iudge hym and to execute iudgement vpon hym neyther sayde he of ryght it belongeth not to the but in dede thus thou doste But chryste added this also that Pylate had his auctorytye from aboue howe from aboue Augustyne maketh answere sayenge let vs learne then that whiche chryste sayde and whiche he taughte the apostle that is to wyt Paule in the. xiii to the Romayns what then dyd chryste saye what taught he the apostle that there was no powre that is to saye auctorytie of iurysdyccyon but of god howe soeuer it be of the acte of them which mysse vse this powre And that he semeth more which throughe enuye delyuereth an innocent to the powre or offycer for to be slayne than dothe the powre or offycer selfe yf he dothe kyll or slee hym for feare or dreade of an other hygher or greatter powre for such powre had god gyuen to Pylate that he was also vnder the powre of Cesar Then that iudyciall coactyue powre which Pylate had ouer the person of chryst was of god as chryste selfe onely opēly cōfessed saynt Augustyne playnly expressed And saynt Bernarde sayde openlye to the archebysshop of Senon in a certayne epystle sayenge that chryste graunteth that the powre of Pylate euen ouer hym selfe also is ordayned of
shewed to be true that no man beynge of ryght mynde after he hath seen and red them ought to doubte any lenger The apostle sayd euery soule exceptynge none where the glose after Augustynes mynde fyrste and otherwhyles after the mynde of Ambrose sayth thus And here he prouoketh and exhorteth men to humblenes For certayne men thought that euyll Lordes and rulers and namely suche as were infydels ought not to haue domynyon and rule ouer chrysten men And yf they were good and also chrysten that then they were but peetes and egall to other good and chrysten men Whiche pryde also the apostle here putteth awaye euen from the superyour parte of man that is to wytte the soule by it betokenynge the hole man For what is it to saye euery soule but euery man as yf he shulde saye All the foresayde thynges are to be done and thoughe you be so perfyte in the bodye of Chryste yet that notwithstandynge let euery soule be subiecte that is to saye lette euery man be subiecte whiche man I do sygnyfye therfore by the name of the soule that you shulde serue and be obeyssaunte not onely in bodye but also in wyll and mynde Therfore let euery soule be so subiecte and obedyent that is euen also in wyll he do serue the seculer powers bothe good and euyll that is to wytte kynges and prynces or gouernours hygh capytaynes vnder capytaynes such other Lo than what the apostle vnderstode and meaned by the hygher powers nothynge elles but seculer prynces gouernours Than it foloweth in the glose for yf he be a good man whiche is ruler and gouernoure ouer the he is thy nouryssher yf he be an euyll man he is a temptoure to proue and assaye the. Bothe receyue and take nourysshementes or cherysshynges gladlye and with good wyll And in thy temptacyon be thou approued Be thou therfore golde and marke and take hede that this worlde is as it were the fornayce of the golde fyner So than lette euery soule be subiecte to the hygher powers that is to wyt in this that they are hyghe that is in worldlye thyngꝭ Or elles in this worde hygher is signyfyed the cause wherfore they ought to be obeyed that is because they are hygher by the ordenaunce of god ¶ For there is no power but of god he proueth that they oughte to be subiectes obeyssaunte this maner waye because all power is of god but those thynges whiche be of god are ordeyned of god than it foloweth that power and auctorytie is ordeyned of god that is to saye who soeuer hathe power or auctorytie hath the ordynaunce of god Therfore who soeuer resysteth the power resysteth the ordynaunce of god And this is it that he saythe as yf he oughte therfore to be subiecte because there is neyther any good man neyther euyll that hathe any power excepte it be gyuen vnto hym of god wherfore oure Lorde sayde to Pylate Thou shuldest not haue power ouer me yf it were not gyuen to the from aboue whiche thyng Bernarde also repeting to the Archebysshop of Senon sayth There was no man more seculare than Pylate afore whom our lorde stode to be iudged yet he sayde thou shuldest not haue any power ouer me yf it were not gyuen to the from aboue At that tyme Chryst spake for hym selfe and had experyence of that thynge in hym selfe whiche thynge after he caused to be publysshed and proclaymed throughout all the churches by his apostles that is to wytte that there is no power but of god and that who soeuer resysteth the power resysteth the ordynaūce of god And within a lytle after in the same place Bernarde saythe Chryste graunteth and confesseth that the power and auctoryte of the Emperours deputie in Rome euen ouer his owne self was ordeyned from aboue And it foloweth in the glose but those that be are ordeyned of god that is to saye are resonablye dysposed and ordeyned of god Therfore who soeuer other by vyolence or by dyscorde or gyle resysteth the power that is to wyt the man hauynge power in those thynges whiche belonge to the power as in trybute and suche other thynges he resysteth the ordynacyon of god that is to saye he resysteth hym that hath power by the ordynacyon of god and therfore he dothe not accordynge to the ordynacyon of god Of the good power it is euydent that god hath made hym ruler reasonably and not without good cause And of the euyll power it maye also appere that he is made ruler reasonably whyles both good men are purged by hym and euyll men are cōdempned hym selfe is caste downe hedlonge worse and worse And marke take hede that somtyme by this worde power is vnderstande the power it selfe or auctorytie whiche is gyuen of god somtyme by the same worde is vnderstande the man selfe that hathe the power whiche ii Sygnyfycacyons let the dylygent reader marke the one of them from the other he that resysteth the power resysteth the ordynacyon of god And this is so greuous an offence that who soeuer resysteth the power they do purchase and gette to them selfes euerlastynge dampnacyon And therfore no man oughte to resyste but to be subiecte and obeysaunte to hym But yet yf he cōmaunde the to do that thynge whiche thou oughte not to doo by the lawe of god here truely thou mayste not execute his cōmaundemente fearynge the greatter power that is to wytte god marke and take hede of the degrees of wordly thynges yf the Emperour of Rome shall bydde or cōmaunde any thynge to his subiects it is to be done albeit he do cōmaūde contrary to the proconsull Agayne yf the proconsul whiche is the emperours subiecte and offycer vnder hym byddeth one thynge and the Emperour cōmaundeth an other thynge is it any doute but that despysynge the proconsuls cōmaūdeth the subiecte ought to obey the Emperour or pryncipall capytayne Therfore yf the Emperour cōmaūde one thynge god doth cōmaunde an other thyng the subiecte ought to obey god before the emperour But yet saynt Augustyne sayd not yf the Emperour do cōmaunde one thynge and the Pope or bysshop do cōmaūde an other thyng whiche thyng he ought to haue sayd yf the pope had ben superyour to the emperour in degree of Iurysdyccyon but yet saynt Augustyne wolde that yf the emperour hathe cōmaunded any thynge to be due agaynst the lawe of euerlastynge helthe whiche is immedyate cōmaundement of god in this the emperour ought not to be obeyed in whiche case the pope cōmaundynge accordynge to this lawe that is to wyt the lawe of god is rather to be obeyed than the Emperours cōmaundynge any thynge to be done whiche is contrary to the lawe of god But yf the pope cōmaundeth any thynge accordynge to his Decretalles in that they are but his owne decrees he is nothynge to be obeyed agaynst the cōmaundement of the Emperour or his lawes and that appereth openly and euydentlye here and shall
be more largely declared in the. ix chapytre of this dyccyon Than it foloweth in the glose They that resyst worthely purchase or gettedampnacyon For gouernours good or euyll are not the feare of good workes but of euyll that is to saye not the fearynge of them whiche worke well but to the feare of them whiche worke euyll For yf he be a good prynce or gouernoure he dothe not punysshe hym that worketh well but loueth hym And yf he be an euyll prynce he dothe not hurte the good man but tryeth and purgeth hym But the euyll man ought to feare for prynces and gouernours are ordeyned to punysshe vyces or euyll deades He calleth them prynces or gouernours whiche are created and made to correcte and amende the lyfe of men and to kepe awaye aduersytie hauynge the Image or lykenesse of god that all other myght be vndre one But to you as euyll doers they are fearefull But wylte thou not feare the power what soeuer man he be other good or euyll Do good and worke thou well And than thou haste no cause wherfore thou nede to feare ordrede but thou shalt rather haue prayse of the same power althoughe he be euyll whyles thou haste a cause of greatter crowne and rewarde But yf he be a ryghtwyse power or offycer thou shalt haue prayse of hym whyles he shall hym selfe laude and cōmendethe yf he be vnryghtwyse yet shalt thou haue prayse of hym not in y t he hym selfe shall prayse the but in that he shall gyue occasyon that thou shalte be praysed of other men and so shalt thou truly haue prayse by hym For he is the mynyster of god to the for good that is to say doynge good to the whether he be good or euyll For he is gyuen to the of god for thy good and profyte that is to wytte to desende the and thyne for it is manyfest and euydent or open that rulers or gouernoures are therfore gyuen of god that no hutte shulde be done to good men But yf thou do euyll than feare thou for he beareth the swerde that is to say the power and auctorytie to iudge not without cause but to punysshe euyll doers And this he sheweth whan he sayth afterwardes for he is the mynyster of god that is to say he punyssheth and taketh vengeaūce in the rowme or stede of god He I saye beyng a punyssher or auenger for the wrathe of god that is to say for to auenge the dyspleasure of god or elles for the wrathe of god to be shewed that is to saye to shewe the vengeaunce of god that is to come for this punysshemēt done by the gouernour sheweth that they whiche contynue in synnes shall be more sore greuously punysshed I say that he is a venger or punyssher also to hym that is to saye to the hurte and correccion of hym that dothe euyll and that because he is the mynystre of god And therfore be you subiecte to hym as of necessyte or elles be you subiectes to necessytie that is to saye to the necessary ordynacyon of god And that not onely for feare that the wrathe of the gouernour or elles of god shall be auenged but also because of conscyence that is to wytte that your mynde maye be cleane by louynge hym that is made ruler by god that is to say hym whiche hath suche rule and auctorytie by the ordynacyon of god For albeit that all Chrysten men that they are chrysten are one in Chryste in the faythe of whom there is no dyfference whether they be Iewes or Grekes Lordes or seruauntes and suche other thynges yet that notwithstandynge there is dyfference betwene them in the mortall or worldly conuersacyon And the apostles cōmaūdeth the ordre of the conuersacyon to be kepte in the Iourney of this present lyfe For there ar some thyngs whiche we do kepe in vnytie of the fayth without any dyfference And there are other some thynges whiche we do kepe in the ordre of this lyfe as is the way lest the name of the lorde and his doctryne myght be blasphemed And therfore also you do gyue trybutes This is the probacyon of subiection wherfore ye ought to be subiecte because therfore that is to saye to shewe your subiection you do gyue trybutes whiche is a sygne or token of subiection he dothe not say you do paye trybutes but you do gyue or lende as to them whiche shall pay you agayne for they do rendre or pay it to you agayne in that they do defende you whan they fyghte for the countre And whyles they do Iudgementꝭ you do lende trybutes You I say seruyng god in this thyng do verely serue hym hyghly in that you do gyue trybutꝭ to them for they are the mynysters of god they are ordeyned for this entent that good men shulde be praysed euyll men punysshed Or this it may be vnderstande wherfore you ought to gyue trybutes for they are the mynysters of god they I saye seruynge you whyles they do defende the countree for this same thynge that is to wytte for trybute they do serue you in defendynge of the countree and bycause they are the mynysters of god So than by this texte of the Apostle and by the exposycyons of sayntes here afore brought in who soeuer is not wyllynge that the name and the doctryne of the lorde shulde be blasphemed as vniuste preachynge agaynst the Cyuyle lawes as the glose of Augustyne sayde here in this place in the sext chapytre of the fyrst epystle to Tymothe he ought to holde without any maner doubtyng that all maner men of what soeuer estate or condycyon they be both really personally ought to be vnderneth the iurysdyccyon of seculer prynces gouernours and to obey the same in all those thyngꝭ whiche are not contrary to the lawe of euerlastyng helth namely accordyng to the humayne lawes or approued laudable honest customes for of thyse speaketh the apostle openly playnly whan he sayd Let euery soule be subiecte that without cause they do not beare a swerde with suche other thyngꝭ whiche he hath spoken of them as well of the defendynge of the countre as of gyuynge trybutes to them after the exposycyons of sayntes But the apostle neuer sayde suche wordes any where of any Bysshop or preest For the lordes to whom we ar bounde to obey in coactyue iurysdyccion ar they whiche by power and myght of armes ought to defende the countre whiche thyng in no wyse is semely or agreynge for a bysshop or preeste Wherfore saynt Ambrose to Valentian in the seconde epystle whiche is entytuled to the people sayth in this wyse I shall be able to sorowe I shall be able to wepe I shall be able to syghe mourne agaynst armour wepons agaynst souldyoures the gothes my armour or wepons are teares for suche ar the munymentꝭ defence or armour of a preest otherwyse I neyther ought neyther may resyst agayne such
lordes to whom we ar bounden so to obey myght be infydels or myscreantes as the glose sayth aboute the begynnynge but bysshops neyther ar neyther may be suche maner men And therfore it is open and euydent to all men that the apostle spake not of preestes or bysshops but of kynges prynces gouernours as saynt Augustyne sayd From this subiection also the apostle excepteth no man whan he sayd euery soule Yf than it be so that they whiche resyst suche powers yea beynge infydels euyllmen do purchase to them selues eternall dāpnacion how moche more do they purchase to them selues the indignacion wrathe of almyghty god of his apostle Paule also of Peter whiche despysynge this doctryne of god these apostles haue of late troubled contynually do trouble Chrysten kynges prynces most of all without any maner excuse the Emperoure of Rome For prynces and gouernours ar the mynisters of god as the apostle sayd And he sayd not they ar our mynisters or the mynisters of Peter or of any other apostle And therfore they ar not subiectꝭ in iudgement coactyue to any bysshop or preest but rather contrary wyse the bysshops preestꝭ at subiectꝭ to them whiche thyng also the glose after saynt Augustynes mynde declared whan it sayd Than yf the emperour cōmaundeth one thyng god cōmaūdeth the cōtrary c. namynge there no bysshop or archebysshop or patryarche in suche iurysdyctions whiche thyng yet he wolde haue done or ought to haue done yf Chryste whiche is the kyng of kynges and lorde of lordes had graunted suche power and auctorytie to hym ouer the Emperour as they do bable lye in theyr Decretals which accordyng to truth in very dede ar nothyng els but certayn ordynaūcꝭ Cōstytucions or Decrees appertaynynge to the Establysshemēt of theyr owne gouernaūce rule or domynyon beyng but a fewe ꝑsons in nōbre to the which ordynacions in y t they ar but of theyr own braynes chrysten men ar not bounde in any thyng to obey as it hath ben shewed proued of the. xii chapitre of the fyrst dyccion as it shal appere more espcially in those thigꝭ which hereafter shal folowe ¶ Yet of thyse thynges afore gone we woll not say but the reuerence and obedyence is due to be gyuen to suche Ecclesiastycall or spyrytuall teacher or pastor in those thyngꝭ whiche he cōmaundeth or teacheth to be obserued kept accordynge to the lawe of the gospell but not otherwyse or to the cōtrary as it appereth suffycyently in the. xxiii of Mathewe by the exposycion of saynt Ierome in the same place Howbeit yet he neyther ought neyther may compell any man to the obseruynge of suche thyngꝭ in this worlde by any payne or punysshemēt Reall or personall for we do not rede y t any suche power of punysshynge vsynge domynyon ouer any man in this world is graunted to them but rather forbydden them by counsayll or cōmaundement as it appereth euydently of this chapytre and of the last aforegone For suche power in this worlde is gyuen by the lawes or by the humayne lawe maker whiche although it were gyuen to a bysshop or preest to compell men in those thyngꝭ whiche apperteyne to goddes lawe it shuld be vnprofytable For to them that shuld be compelled no suche thyng shuld auayle or do good to euerlastyng helthe saluacion And this was playnly the mynde of the apostle in the fyrste chapytre of the seconde epystle to the Corynthyans whan he sayd And I do call vpon god to wytnesse that I sparynge you haue not cōmen yet to Corynthe not because we ar lordes ouer your fayth but we ar helpers of your ioye for you do stande contynue in fayth Where the glose after Ambrose mynde sayth I call god to wytnesse not onely agaynst any body but also agaynst my soule yf I do lye in that thynge wherof I speke That I haue not cōmen to Corinthe agayne syns I departed from you and I haue done this sparyng you that is to wyt lest I shuld haue made many of you sad sorowful by sharpe rebukyng of many of you in which thing he spared them lest he beyng very sharpe they myght be tourned in to sedicion Therfore he wylleth them to be fyrst mytigated afore his cōmyng And therfore it was not lōge of incōstancie lyghtnes or els of any carnall cōsideracion y t he dyd not fulfyl those thyngꝭ whiche he had purposed For a spyritualman doth not fulfyl his purpose than whan he hath deuysed any thyng more prouydently apperteynyng to helth saluacion And lest they myght be angry as yf he had spoken of domynyon because he had sayd it was for sparing of you y t I haue not come he saith afterwardꝭ I do not therfore say sparyng you because I haue any domynyon ouer your faith y t is to say because your fayth doth suffre any domynion or cōpulsion which is a thyng free not of necessytie but I say it therfore because we ar helpers yf you worke with vs of yourioy eternal or els of the ioy of your amēdemēt for they which ar amēded doth ioy ar glad I said very well ouer your faith for by faith whiche worketh through loue you do stāde not by dominion This same sentence meanig dyd sait Iohn̄ Chrisostome gather of the afore reherced wordes of the apostle hath expressed it to al mē euydētly in his boke of Dialoges which is entytled the Dignite of presthod in y ● iii. chap. of the. ii boke for therafter he hath brought in y t sayng of y ● apostle not because we ar lordꝭ ouer yo ● faith but we ar helꝑs c. he saith thus They whiche ar outwarde iudges y t is to wyt seculer iudgꝭ whan they haue subdued euyll persones they do shewe very moche power auctorytie vpon them whether they wylor not wyl they restreyne them kepe them spyte of theyr teth frō theyr olde lewde vngracious maners but in the church no mā by compulsyon but well contented and condescendynge ought to be conuerted to better maners and conuersacyon for neyther there is any suche power gyuen to vs by the lawes that by the auctorytye of sentence or Iudgement we maye restrayne and withholde men from synnes And here Chrysostome speaketh in the person of all preestes assygnyng the fyrst cause nowe rehersed wherfore they ought to compell no man because they haue not coactyue auctorytye or iurysdyccyon of any man in this worlde for asmoche as it was not gyuen by the lawes or lawe makers at those tymes or in those places or prouynces Than afterwardes he assygned and sheweth an other cause sayeng neyther yf suche power and auctorytie were gyuen we preestes or bysshops shuld haue wheron we myght exercyse suche maner power auctorytie seynge that our god that is to wyt Chryste shall rewarde not suche as be brought awaye from synne by necessytie
that is to saye by vyolence or compulsyon but suche as abstayne from synne of theyr owne towardnes And yet woll we not by thyse thynges say that it is vnconuenyent that heretykes or otherwyse infydels or mysbeleuers shuld be punysshed but this auctorytie to punysshe suche persones belongeth onely to the humayne lawe maker Than coactyue power or iurysdyccyon dothe not agree or belonge to any bysshop or preest but as well they as other oughte to be vndre the seculare iudges in this power as it hath ben sayd wherfore agayne the apostle sayde in the secōde chapytre of the fyrst epystle to Tymothe Therfore fyrst I beseche that obsecracyons prayers requestes and gyuynge of thankes be made for all men for kynges all men whiche are in hyghe auctorytie that we may lede a quyete and a peaceable lyfe Wherfore the glose sayth Paule dyrectynge thyse wordes to Tymothe in hym teacheth and sheweth a forme and maner to all the whole churche And afterwardes after y e mynde of saynt Augustyne it foloweth in y e same glose vpon these wordes for all men that is to say for men of all sortes and especyally and moste of all for kynges although they be euyll and for all whiche are set in hyghe auctorytie as dukꝭ erles althoughe they be euyll men And yet amōge all those that are set in hygh auctorytie or in suche iudycyarie power neyther the apostle neyther Augustyne maketh any where mēcyon of bysshop or preest but onely of seculare prynces But wherfore the apostle wylleth sayth Augustyne prayers to be made for kynges and those whiche are in hyghe auctorytie yea althoughe they be euyll men he sheweth the cause sayeng īmedyatlye after For this shall be profytable to vs that we maye lyue a quyete lyfe from persecution And a peaceable that is to saye without any dysquyetnes or trouble Lo here is testymonye and wytnesse of that thynge whiche we sayd in the last chapytre of the fyrste dyccyon that is to wyt that the cause effectyue and also conseruatyue of tranquylytie and peace is the dewe actyon or operacyon of the soueraygne or chyefe gouernoure beynge not letted Than Augustyne putteth by and by after a thyng whiche is greatly to the purpose sayeng Therfore the apostle admonysshed counseyled the church to pray for kyngs and all persons set in hygh auctorytie beynge inspyred with the same holy ghoste wherwith Ieremye the prophete also was inspyred whiche sent an epystle or letter to the Iewes y t were in Babylon that they shuld pray for the lyfe of kynge Nabugodonozor his sones for the peace of y e cytie sayeng for the peace of them shal be your peace By this fyguratyuely he sygnyfyed y t the churche militant in erthe in all the sayntꝭ belōgynge to her the which at the Cytyzens by adoption of the heuēly Iherusalem shuld be seruaunte subiecte vnder the kynges and gouernoures of this worlde And therfore y e apostle monyssheth y e churche to praye for them that they myght lede a quyete peaceable lyfe Loo here vndoutedly y t the sentence mynde of the apostle and of Augustyne is that the churche or elles all true Chrystyans oughte to be vnderneth the seculer prynces or gouernoures namely the chrysten gouernoures and to obeye the cōmaundementꝭ of them whiche be not cantrary to the lawe of euerlastynge helthe But yf the apostle had vnderstande or meaned that byssops or preestes ought to be soueraygnes and prynces and to iudge men really or personally by coactyue iudgement in the state and for the state of this present lyfe he wolde haue sayd to Timothe whom he had ordeyned and made bysshop I be seche the that obsecracyons c. be made for all kynges and bysshops whiche are in hyghe auctoryte Moreouer in the thyrde chapytre to Titus the apostle sayde admonysshe and warne them to whom thou preachest to be subiectes obeysaunte to prynces and powers the apostle sayd not admonysshe the seculare persons onely neyther he sayd Admonysshe them to be subiectes to vs and prynces for the Apostle knewe ryght well y t neyther he neyther other bysshops or prestes ought to be prynces or to iudge other men by lytygyouse Iudgement or Iudgement of seculare actes or deades yea moreouer he had reuoked and called them backe from all maner seculare busynes not onely from lordshype or soueraygntye and Iudgement of seculare matyers whan he sayd in the seconde chapitre of the seconde epystle to Tymothe no man warrynge to god entangleth hym selfe with seculare busynes wherfore Ambrose sayth admonysshe and warne thou c. As yf he had sayde albeit that thou haste spyrytuall Empyre and rule that is to wytte to cōmaunde them in spyrytuall thyngꝭ yet that notwithstandyng warne them to be subiectes and obeysaunt to prynces that is to kynges dukes and to lesse or inferyour powers and offycers for the Christyan relygyon depryueth no man of his ryght whiche thynge saynt Ambrose sayth so moche because the apostles wyll mynde and also his doctryne was that also Chrysten men shuld be subiectes and obeysaunte to theyr Lordes or maysters and also to prynces and gouernours although they be infydels and no Chrysten men as he sayth hym selfe in the laste chapytre of the fyrste epystle to Timothe in the begynnyng who soeuer are bonde men vndre yoke c. where the glose after saynte Augustynes mynde sayth thus It is to be knowen that certayne mē had preached that lybertie was cōmune to all men in Chryste whiche is verylye true concernynge spyrytuall lybertie but not as touchynge carnall lybertie so as they vnderstode it Therfore the apostle speaketh here agaynst theym byddynge the bonde men to be subiectes and obedyent to theyr lordes and maysters therfore lette not the Chrysten bonde men requyre that whiche is sayde of the Hebrues that is to serue syxe yeres and than for nought to be made free for that is mystycall And wherfore the apostle doth cōmaunde this he sheweth by and by after sayeng lest both the name of the lorde myght be blasphemed as of one whiche dyd inuade and vsurpe thynges be longynge to other men And also the Chrystyan doctryne as beynge vniuste preachynge agaynst the lawes Cyuyle Howe than or by what meanes with what conscyence towarde god wyll any preest who soeuer he be absolue subiectes from the othe by whiche they are bounden to theyr christen lordes and Soueraygnes for this is an open heresy as it shal appere more largely hereafter The postle than sayde admonysshe them to be subiectes and obeysaunt to soueraygnes and gouernours he dyd not saye admonysshe laye men onely but he sayd admysshe them indyfferently For after his mynde euery soule is subiecte to them in coactyue or contencyous Iudgemente and yf it be not so than tell thou me In what thynge he meaned that euery soule shulde be subiecte to the po●oers c. For yf euery soule hadde oughte to be subiecte to Timotheus
and Titus In suche maner iudgemente he shulde in vayne haue sayde admonysshe them c. Agayne yf his mynde and wyll was that certayne men shulde be admonysshed to be subiectes to seculer prynces or gouernours and certayne not than shulde he haue spoken insuffycyentlye in that he dyd make no suche dyfference in his speakynge whiche dyfference without doubte no man shall fynde made any where in all Paules epystles but rather alwayes the contrarye for he sayde lette euery soule be subiecte c. in whiche sayeng the apostle shulde haue spoken vnaccordyngely and also falsely whiche god forbyd that any man shulde saye yf any maner persons had ben exempted from subiectyon to suche seculer prynces This also cōformably was the sentence and doctryne of blyssed Peter in the seconde chapytre of his fyrste Canonycall epystle whan he sayde Be you subiectes to euery humayne creatures for god By euery humayne creature vnderstande thou euery man beynge constytute sette in hyghe power or gouernaunce For that he meaned of suche men it appereth by the examples whiche he brought in immedyatly folowynge whan he sayde whether it be to kynge as beynge the moste excellent or to dukes beynge sent by the kynge to the punysshement of malefactours but to the prayse of good men for so it is the wyll of god I haue not brought in here the gloses of sayntes vpon this place For what soeuer they do saye here it is conteyned in the glose whiche we haue broughte in heretofore vpon the wordes of the apostle in the. xiii chapytre to the Romaynes Beholde than that bothe saynt Peter and also saynt Paule conformablye and agreably the one to the other do saye that kynges and dukes are sent by god to the punysshynge of malefactours that is to wytte to take vengeaunce vpon them by coactyue power in this worlde but neyther they them selfes neyther the holy exposytoures of theyr sayenges euer sayde in any place that bysshops or preestꝭ are sent to do the same But rather alwayes the contrarye as it hathe euydently appered cheyfly by the worde of Chrysostome afore alleged for as moche than as preestes may be malefactours euen aswell as they whiche are not preestes concernynge all kyndes sortes of transgressyons or trespasses named and rekened vp in the seconde chapytre of this dyccyon It foloweth necessaryly that they also ought to be vnderneth the coactyue iudgemente of kynges dukes or other seculer gouernoures And Peter sayth that you do obey them sayth he is the wyll of god This same thynge agayne is confyrmed by the sayenge and also by the manyfest example of saynt Paule the apostle for it is red of hym in the. xxv chapytre of the Actes that he refusynge the coactyue Iudgement of preestes sayde openly I appele to Cesar and agayne he sayde I stande in the courte of Cesar the emperour where I ought to be iudged The glose interlineare sayth because here is y e place of iudmente Then Paule refusynge the iudgement of preestes knowleged and confessessed hym to be subiecte to the coactyue iurisdyccion of Cesar But is it to be supposed that the apostle spake thyse wordꝭ faynedly when he sayd There I ought to be iudged that is to wytte in Cesars courte whiche had chosen than and determyned in his mynde to dye for the truthe as it appereth in the xxi chapytre of the Actes whan he sayde I am redye not onely to be bounde but also to dye in Ierusalem for the name of the lorde Ihesu chryste for who is so madde to iudge that the apostle for cause of prolongynge of his owne lyfe wolde by his wordes haue cōmytted so great a cryme and offence as to make al preestes subiectꝭ to the Iurysdyccyon of seculer gouernours by his doctryne example wrongfullye and otherwyse than he ought to haue done yf he had reputed this thyng to be vndue vncōuenyent for it had ben better for hym not to haue gone vp to Ierusalem seynge y t no man cōpelled hym therto than to go vp thyther to make a lye both agaynst hym self also agaynst his neybour therfore for asmoche as it is vnlawfull and great synne to haue any suche opynyon of Paule it appereth euydently that Paule thoughte euen the same in his mynde whiche he vtteryd forthe with his mouthe and in this thynge he dyd folowe hym whome he wolde not be superyoure vnto that is to wyt chryste whiche not onely knowleged Cesar to be his worldly iudge but also Pylate the deputye of Cesar whan he sayde in the. xix chapytre of Iohn̄ Thou shuldest not haue any powre agaynst me yf it were not gyuen to the from aboue c. that is to saye excepte it were gyuen to the by the ordynacyon of god aboue as saynt Augustyne sayde afore in the. xiii chapytre to the Romaynes because there is no powre neyther to any good man neyther yet to euyll man but it is gyuen of god whiche thynge also Bernarde dyd more largely declare to the archebysshop of Senon it was brought in before in the. iiii parte of this chapytre Seynge then that to no bysshop any iurysdyccyon or coactyue powre ouer any man is graunted by the lawe of god but rather suche powre is forbydden to them by counsel or precepte as it hath ben euydently and openly shewed in this chapytre and in the nexte before gone Neyther also suche powre is agreynge or appertaynynge to bysshoppes or preestes in that they be bysshoppes or preestes by inherytaunce or successyon of theyr fathers it foloweth necessaryly that in suche powre or iurysdyccyon they be subiectes to y e seculer prynces or gouernours as it hathe euydently apperyd by the sayenges of saynt Peter and saynt Paule apostles and of other holy doctours and by reason or demonstratyue syllogysme it maye be proued of those thynges whiche haue ben sayde in the. xv and the. xvii chapytres of the fyrste dyccyon that neyther bysshop ne Pope haue any coactyue iurysdyccyon in this worlde neyther vpon any preeste neyther vpon any other persone beynge no preeste onles suche iurysdyccyon be graunted to hym by the humayne powre In whose powre it is alwayes to reuoke and call agayne the same auctoryte from them for any reasonable cause chaunsynge The full determynacyon wherof is knowen also to belonge and appertayne to the same powre Thus then that chryste hym selfe refused and dyd forsake domynyon or coactyue iurysdyccyon of any man who soeuer he were in this worlde and that he hath forbydden the same to his apostles and to theyr successours preestes or bysshoppes by his counsayle or precepte and that his wyll and mynde was bothe hym selfe and the sayde apostles to be subiectes to the coactyue iurysdyccyon of seculer prynces or gouernours and that he taughte the same to be obserued and also that his cheyfe apostles Peter and Paule taughte the same bothe by theyr wordes or speache and also by the example of theyr workes and dedes I suppose we
yet hauynge no coactyue powre in this worlde to cōpell any man to the obseruynge of the preceptes and cōmaundementes of the same lawe For it shuld be in vayne and to none effecte to compell any man vnto the obseruynge of them For to hym that shulde obserue them onely by compulsyon they shulde be nothynge auayleable vnto eternall helthe as we shewed before euydently by the auctorytie of Chrysostome and also of the apostle Paule in the. v. chapytre of this dyccyon And therfore this iudge is conuenyentlye lykened to a physycyon or leche whiche hathe auctorytie gyuen to hym for to teache or cōmaunde and to prenostycate or iudge of those thynges whiche are profytable to be done or to be lefte vndone for the optaynynge and gettynge of bodely helthe and the aduoydynge of death and syckenesse whiche shulde chaunce to hym for the whiche cause Chryste also in the state and for the state of this presente lyfe called hym selfe a physycyon or leche not a prynce or a iudge And therfore he sayd vnto the pharyseys speakyng of hym selfe as it was brought in in the chapytre afore gone They nede not a leche whiche are in helthe but they whiche are sycke and dyseased For Chryste hath not ordayned that any man shulde be compelled in this worlde to the obseruacyon of the lawe made by hym And therfore he hathe not ordayned any iudge spyrytuall hauynge coactyue powre to punysshe the transgressours of this lawe in this worlde wherfore it is to be marked and taken hede of that the lawe of the gospell may be two maner wayes compared vnto the men vpon whome it was made by chryste One waye it maye be compared to them in the state and for the state of this presente lyfe And in this comparyson it maye rather be called a speculatyue or a practyue doctryne or elles bothe than a lawe taken in his propre and last sygnyfycacyon albeit that it maye be called a lawe after other sygnyfycacyons of the same worde as after the seconde and the thyrde sygnyfycacyons of whiche we haue spoken in the. x. chapytre of the fyrste dyccyon And the cause of this whiche we haue sayde is this for that the name of this worde lawe in his thyrde sygnyfycacyon belongeth onelye to a coactyue rule that is to wytte such a rule accordynge to whiche the transgressoure is punysshed by powre coactyue gyuen to hym whiche ought to iudge accordynge to the same rule But nowe by the lawe of the gospell or by the lawe maker therof it is not cōmaunded that any man shulde be compelled of any spyrytuall man in this worlde to obserue those thynges whiche are cōmaunded in the same lawe to be done or to be lefte vndone in this worlde And therfore it beynge compared to the state of man in this worlde and for this worlde ought to be called a doctryne and not a lawe but onely after suche maner as we haue sayde And this was the mynde of the apostle in the thyrde chapytre of the seconde epystle to Tymothe All scrypture inspyred from god aboue is profytable to teache to argue or proue to rebuke to instructe in ryghtuousnesse But he neuer sayde that it was profytable to compelle or to punysshe in this worlde wherfore in the fyrste chapytre of the seconde epystle to the Corynthyanes the apostle sayth not because we are lordes and gouernours ouer your faythe but we are helpers or comforters of your Ioye Because you stande in faythe where saynt Ambrose as we haue shewed before in the. v. chapytre of this dyccyon and it greueth me not to reherse the same often tymes agayne sayth these wordes and lest the Corynthyanes myght be myscōtent and angrye as yf the apostle had taken vpon hym to be lorde ouer them Because he had sayd it was for the sparynge of you that I haue not come therfore the apostle sayth followyngely I do saye these aforesayd wordes it was for the sparynge of you and not because your fayth suffereth any domynyon or compulsyon whiche is a thynge of freewyll and not of necessytye But I speake these wordes therfore because we are helpers yf you wyll worke with vs. c. Loo here he sayth helpers that is to wyt by our doctryne and he saythe also yf you wyll worke with vs whiche nowe do stande in faythe that worketh by loue and not by domynyon or compulcyon An other maner way the scryꝑture or the lawe of the gospell maye be compared vnto men for the state of them in an other worlde in whiche worlde onely and not in this they shal be payned and punysshed whosoeuer hath transgressed and broken the sayd lawe in this worlde and so it maye well be called a lawe in his moste propre sygnyfycacion And he that iudgeth accordynge to it whiche is chryste maye than be called a iudge in the moste propre sygnyfycacyon of this worde because he hathe coactyue powre after the thyrde sygnyfycacyon of this worde But the preeste or bysshop who euer he be for asmoche as he dothe rule and ordre men accordynge to this lawe onely in the state of this presente lyfe althoughe it be to the lyfe to come neyther is it graunted to hym by the īmedyate maker of this lawe that is to wyt chryste for to punysshe a man accordynge to it in this worlde therfore the preeste or bysshop is not called a iudge properly in his thyrde sygnyfycacyon as the whiche hathe not coactyue powre and neyther maye neyther ought to punysshe any man by suche maner iudgement in this worlde with eyther reale or personall payne or punysshement And in this or in lyke maner any doctour or teacher operatyue as a physycyon is in comparyson to the iudgement of the bodely helth of men hauynge no powre coactyue of any man as we haue sayde aboute the begynnynge of this present chapytre And this was also the sentence of saynt Iohn̄ Crysostome playnlye openly agreynge to the mynde of the apostle in the fyrste chapytre in the seconde epystle to the Corynthyanes in his boke of dyaloges whiche is also entytled of the dygnytie of preesthode in the seconde boke and the thyrde chapytre But the ordre of his wordes which we haue brought in heretofore in the. vi parte of the. v. chapytre of this dyccion we haue not rehersed agayne here for cause of shortnesse but these wordes of his whiche folowe nexte after the aforesayde texte we haue put here and they be these For this cause than there is moch nede sayth he of the helpe of crafte and cōnynge that men may be perswaded and brought in mynde whan they be sycke of theyr owne accorde and frewyll to offre them selfe to the leche crafte or physyke of preestes and not onelye this but also that the preestes maye do good and be gentle to them that are to be cured For whether any man wolde starte backe whan he is bounde for verely in this thynge he hath powre free lybertye
he shall make his dysease worse or whether he wyl refuse the wordꝭ whiche shulde haue done hym good then in the stede of the surgeans salues and instrumentes he ioyneth and addeth an other wounde vnto his fyrst wounde by the reason of this his cōtempte and is by the occasyon therof becōmed vnto hym selfe an instrument of a more peryllous and deadely dysease For there is no man that maye cure and heale one agaynst his wyll And the sayd Chrysostome after certayne wordes added of hym consernynge the correccyon or amendement of the people to be marked of al curatꝭ but not cōsernynge y e cōpellynge or cōstraynīge of them he sayth these wordꝭ but yf any man be led out from y e right fayth thā it remayneth to the preest and appertayneth to his charge to vse moch exhortacion moch wyse dylygence moch pacyence for he may not brynge any man agayne to the faythe by vyolence but he shall enforce hym selfe do his vttermoste endeuoure for to perswade suche persone y t he wyll retourne to the ryght fayth from whiche he hath fyrst fallen Lo here howe this holy man doth seperate departe the iudgement of preestes from the iudgement of prynces gouernours because coactyue iudgement neyther dothe belonge neyther ought to belonge to preestes assygnynge the causes whiche we haue sayde oftentymes heretofore The fyrste because that coactyue power is gyuen by the temporall lawe or elles by the law maker or prynce whiche was not graunted to preestes in Chrysostomes tyme or prouynce Secondaryly for that yf suche coactyue power shuld be graunted vnto them yet shulde they in vayne exercyse it vpon theyr subiectes for no spyrytuall thynge auayleth men that are compelled vnto it neyther profyteth them any whyt to eternall helthe And he sayd the same vpon that texte in the. ix of Luke yf any man wylleth to come after me lette hym denye hym selfe But I haue here lefte out the ordre of his wordes partely because these aforesayd are suffycyent and partely for cause of shortenesse This same also was plyanely and openlye the mynde of saynt Hilarie to Constantius the Emperour in whiche epystle amonge other thynges thus he wrote to the same Emperoure God hath taughte the knowlege of hym selfe rather than hathe exacted it and gettynge admyracyon and estymacyon to his preceptes by his heuenly workes he despysed and refused all maner auctorytie coactyue of men to confesse and knowlege hym selfe Loo here that god wylleth men to be taughte the knowynge and confessyng of hym that is to wytte by fayth but not any man to be compelled therto for that he despyseth And he reherseth the same agayne not longe after sayeng God requyreth not any coacte confessyon And agayne afterwarde in the persone of all preestes he saythe thus I can not receyue any man excepte he be wyllynge I can not here any man but prayeng not sygne or marke any man but hym that professeth Therfore god wyll not haue any coacte confessyon of his owne selfe neyther he wylleth any man to be drawen therunto by any violence don to hym or by compulsyon Wherfore the same Hilarius agaynst Auxentius bysshop of Mylayne whom he reputed to be an Arriane and whiche procured men to be cōpelled by force of Armes as the sayde Hilarius saythe to confesse those thynges whiche belonged to his owne opynyon aboute or rather agaynst the fayth and rebukynge hym Albeit that it had ben so that he had taughte no thynge but the trouthe he sayth thus And fyrste of all I maye petye the laboure and trauayle of our tyme or age and sorowe and bewayle the folysshe opynyons of these tymes in whiche worldly thynges are supposed and beleued to helpe and to defende god and it is laboured by seculare ambycyon to defence and mayntayne the churche of Chryste And agayne to the same persone in the same place he sayth But now alas for pytie the erthly helpes or aydes do cōmende the fayth of god and causeth it to be accepted and chryste is proued to be without his powre and might whyles ambycion is ioyned to his name The church putteth men in feare with banysshementes and prysons and cōpelleth men to gyue credence vnto her and she is beleued by banysshementes prysonamentes And here Hilarius speaketh of the churche vnderstādynge by it the colledge or cōpany of preestꝭ or bysshoppes of other mynysters of y ● churche whome they do call cōmenlye clarkes This was also openly the mynde of saynt Ambrose to Valentiane y e emperour in the seconde epystle whiche is intytled to the cōmune people whan he sayde I may wepe I may be sory I may mourne syghe agaynst wepons or armour agaynst men of warre and agaynst the Bothians my teares are my wepons for suche is the armoure of preestes otherwyse I neyther ought neyther may resyste Beholde here that the preeste ought not althoughe he myghte to moue or stereany wepon or power coactyue agaynst any man neyther yet cōmaunde or exorte any wepons or power coactyue to be moued namelye agaynst chrysten men The contrarye wherof all this worlde maye iudge thynke of certayne preestes agaynst the doctryne of the holy scrypture and of sayntes Therfore accordynge to the trouthe and to the open and playne intencyon and mynde of the apostle and of sayntes whiche of all other were the cheyfest doctours or teachers of the churche or of the faythe No man in this worlde is cōmaunded to be compelled of the spyrytualtie by any payne or punysshement to the embracynge or obseruacyon of the preceptes in the lawe of the gospell neyther infydell nor yet vninfydel wherfore the mynystres of this lawe bysshoppes or preestes neyther maye iudge any man in this worlde by iudgement of the thyrde sygnyfycacion neyther compell any man to obserue the preceptes of goddes lawe namely without the auctorytie of the humayne lawe maker for suche maner iudgement accordynge to the lawe of god ought not to be exercysed in this worlde nor execusyon therof to be done but onely in the worlde to come wherfore in the. xix of Mathewe Ihesus sayd vnto the apostles Of a suertye I do saye vnto you that you whiche haue folowed me in the regeneracyon whan the sone of man shall sytte in the seate of his maiestye you also shall sytte vpon twelue seates iudgynge the. xii trybes of Israell Here maye ye se whan the apostles shall sytte with chryste as it were iudges with hym of the thyrde sygnyfycacion verely in the worlde to come and not in this world where the glose sayth in the regeneracion that is to say whan deed men shall ryse incoruptyble wherfore after the mynde of the glose there are two regeneracyons the fyrste of water and the holy ghost the seconde in the generall resurreccyon wherfore vpon these wordes you also shall sytte saythe the glose after the mynde of Augustyne whan the fourme of the seruaunte that is to wytte of Chryste
to be contented as it was shewed by the last chapytre of the fyrste epystle to Timothe But as concernynge temporalties ordayned appoynted to workes of pytie and charyte by the gyfte or bequeste of any syngulare persone or persones departed I do say that suche tēporalties or landes rentes or reuenewes it were well done yf they were conserued kepte and dystrybuted accordynge to the intente wyll and mynde of the gyuer or bequether in case the deades mynde ben good resonable but yf it be otherwyse or yf erroure or faulte do appere to be in the dystrybuters of the sayd temporalties and redresse therin is nedefull to be had accordynge to the wyll and mynde of hym whiche was the gyuer or bequether of them this errour or faulte ought to be redressed or amended by hym that is cheyfe gouernour ye moreouer yf he do knowe it be of powre to amende it and dothe not redresse it he offendeth god For this appertayneth not nor ought to be done by any other synguler company or persone of what estate soeuer he be this onely excepted that the correccyon or redressynge of suche faultes be cōmytted by the gyuer or bequether vnto any persone or cōpanye in whome also yf any faulte shuld chaunce to be at the laste it ought to be corrected and redressed by the gouernoure cheyfe ruler albeit yet no synguler persone or companye may buylde a churche and there in ordayned any euangelicall mynystre without the graunte or lycence of the prynce ¶ Moreouer I wyll shewe or proue the premysses concernynge the instytucyon of ecclesiasticall mynystres and the dystrybucyon or gyfte of the tēporalles or benefyces by the auctoryte of the catholyke chrysten Frenche kynges whiche is not to be dyspysed but rather to be regarded and taken hede of for they saye that of ryght whiche thynge also in very dede they do well and cause to be obserued and kepte euen vnto this daye without any chaunge the auctoryte concernynge the instytucyon and dystrybucion of ecclesiasticall offyces and of the tēporalles or benefyces dothe so appertayne and belonge vnto them selues that the sayd auctoryte is not deryued in to them from any other syngulare man or partyculare companye of men of what soeuer estate he or they be For the prynce or cheyfe gouernour say they and well is not prohybyted by the lawe of god from the instytucyon gyfte ▪ and dystrybucyon of them but rather contrary they say that this auctoryte hathe ben deryued in the parfyte cōmunytes of chrysten men in to the persons collages or companyes of preestes by the graunte of the prynce or perlyament wherfore in the lawes of the prynces emperours of Rome there is a certayne maner forme set and appoynted of chosynge or instytutynge bysshoppes curates deacons and of ordaynynge other mynystres of the temples or churches and the nombre also of them is determyned and certaynely appoynted For this thynge appertayneth to the prynce and heed gouernoure as it was shewed in the. viii of this dyccion in the. xv of the fyrst dyccion So also there are lawes ordayned made concernynge the forme and maner of handelynge orderynge the temporalles or benefyces of the churche and of the contēcious actes of preestes amonge them selues one of them with an other or elles with any other persones who euer they be agaynst the whiche lawes they which were fyrst bysshops of Rome beīge holy men not ignoraūt of it but knowīge it wel ynough neuer grudged or spake agaynst them but of theyr owne mynde were wolde be as they ought of ryght to be subiectes vnto them But howe and wherof this so great chaunge hathe come to passe that the company of preestꝭ not onely dothe say that them selues are exempte from the lawas customes of the seculare prynces but also maketh them selues lawmakers ouer them and doth styflye mayntayne and defende the same we shall shewe hereaf●er ¶ Agayne also of the premysses we ought to vnderstande know y t the heed gouernour or prynce may lawfully of the tēporalles of the churche namely the puētes rentes of vnmoueables yf any shal be lefte more than is necessary to the suffycyent sustentacion of the mynysters of the gospell tallyes taxes subsydes bothe accordynge to goddes lawe and mans lawe for the defence of the countree or redempcyon raunsonynge of prysoners in to the obsequye and seruyce of the fayth or for the supportacion of y e cōmune charges other resonable causes For who soeuer ordayned appoynted suche tēporalles outher by gyfte or els by bequeste vnto suche charytable vses dyd cōmyt the dystribucyon of them to any persone or persones he coulde not gyue them to any cōpanye or synguler persone with more īmunyte lyberte or fredom than he had hym selfe whyles they were in his powre and possessyon But for that tyme they ware neuer free from the cōmune charges wherfore it foloweth that they ar not free no not after they haue ben translated by the gyuer or ordeyner in to the powre or gouernaunce of any other man And here vnto bereth wytnes saynt Ambrose in his epystle De tradēdis basilicis whan he sayd we pay to Cesar suche thyngꝭ as belōgeth to Cesar to god such thyngꝭ as appertayneth to god Tribute belongeth to Cesar we do not denye it hym And agayne in y e same epystle yf the emperour demaūdeth trybute we do not say hym naye of it Theloondes of the church payeth trybute But doubtles he wolde haue denyed y e emperour trybute yf he had beleued or supposed that trybute had not ben dewe to hym of ryght Hugo de sctō victore also sayth the same in his treatyse made of the sacramentꝭ The churche sayth he all thoughe it doth take y e frute of the erthly possessyon to her vse yet for all that cannot the churche by ecclesiasticall persons exercyse y e powre of executynge iustyce or seculer iudgementꝭ but yet the churche maye haue mynystres lay persones by whom the lawes iudgementes belongynge to cyuyle powre maye accordynge to the tenoure of the lawes the dutye of cyuyle auctoryte be exercysed or executed but yet so that the churche do knowe y t she hathe all such powre of the worlde prynce that she do vnderstāde knowe that she may neuer so exempte or with drawe those possessyons from the kyngꝭ powre but that yf reason and necessyte shall requyre bothe that powre of theyrs oughte of dutye to ayde defende hym and also the possessyons of them ought of dutye to do obsequye seruyce to hym in tyme of nede For as the regale powre must nedes gyue the defence whiche it oweth of dutye to other men so lykewyse the possessyon of the ecclsiasticall c. ¶ Of the begynnynge fyrst state of the chrystyane church howe and by what meane the bysshop of Rome and the churche of Rome hathe taken the aforesayd auctoryte a certayne
et re indicata To the whiche rasshe and mysaduysed presumpcyon that moste chrysten emperoure a man of all vertues syngulerly amōge other pryncꝭ approuyd at all tyme place and state of happye and worshypfull memorye Henry the. viii refusynge to agre as faynynge hym selfe to haue forgotten the othe made is dyscrybed a transgressoure of it by a certayne no lesse false than presumptuouse narracyon called a decretall whose tytle is De iure iurando whiche neuertheles myght worthelye be intyteled De iniusta iniuria et illata dino imperatori suisque successoribꝰ et affinibus omnibus contumelia that is to saye of the wrongfull iniurye and contumelye or dysworshyp done to the moste honorable and godly emperour and to all his successours and alyaunce for of the makers of the Canon lawe he is pronounced a person defamed or of euyll name because he is as they counte it periured whiche also haue gone aboute to spotte defyle the famouse memory of hym yf it myght haue ben spotted or blemysshed by the wordes or wrytynges of such false wrongfull accusers and dyspraysers But yet the bysshop of Rome with theyr cardynals durste not call these oblygarchicall ordynacions appertaynyng to the powre of theyr owne selues beynge a fewe in nōbre by the name of lawes but they called them decretalles albeit that by the same they do intende to bynde men vnto payne for the state of this present world by powre coactyue lykewyse as the pryncꝭ of the worlde entende in theyr lawes But the cause why they durst not expresse that at the begynnynge by y e name of lawes was this for that that they fered the resystence correccyon of the aforsayd pryncꝭ for the treason which in so doynge they cōmytted agaynst the prynces or gouernours ¶ Agayn at the begynnynge they called suche maner ordynacyons Iura canonica to the ende y t by the coloure of the worde though wyckedly aplyed they shuld be accompted taken for more antentyke and that they myght imprynte the bylefe reuerence obedyence of the sayd ordynacyōs the more largely in chrysten mens hertes So than to conclude all togyther the bysshops of Rome conuayenge them selues further by lytle and lytle preuylye preched openly the syxe latter sygnyfycacions of fulnes of powre also of them selues by them cōmyttynge very many mōstruous thynges in the cyuyle ordre agaynst the lawe of god and man and agaynst the ryght iudgement of any man that hath reason ¶ Howe and after what maner the bysshop of Rome hathe vsed the prymacye taken vpon hym and the fulnes of powre in specyall within the ecclesyastycall lymytes or the orderynge of preestes The xxiiij chapytre AFter the aforesayd determynacyons it foloweth consequentlye to shewe after what fascyon the bysshops of Rome hath taken the sayd full powre vnto them seues and hath vsed and doth vse it hetherto and of lykelyhode wyl vse it hereafter yf they be not stopped or letted And fyrst of all howe how they haue vsed it in the instytucyon of the ecclesyastycall offycers dystrybutynge of the ecclesiastycall temporalles or benefyces as well vnto the ecclesyastical mynystres as vnto other myserable persones for whose cause also the ecclesyastycal temporalles hath ben gyuen and ordayned so to be dystributed or dysposed by the mynystres of the churche And afterwardꝭ it is to be shewed how they haue vsed hetherto doth vse and hereafter wyll vse these powres in cōparyson vnto them which do lyue cyuylie as well prynces as theyr subiectes The bysshops of Rome beynge permytted and suffered hetherto and nowe adayes to worke accordyng to his fulnes of powre hathe infected and corrupted all the mystycall bodye of chryste for they haue dymynysshed corrupted and fynally in a maner haue vtterly destroyed and taken awaye eleccyon whiche is the beste waye ye moreouer in whiche way onely is securyte of well instytutynge any maner offycer notwithstandynge that by eleccion the apostles with the other multitude of chrysten men made the instytucion of the deacons as it is had in the. vi chapytre of the actes They haue dymynysshed it fyrste by tournynge the eleccyon in to the clargye alone which was ought to be done by the chrysten prynces They haue corrupted it also by dymynysshynge it as by translatynge y e auctoryte of electynge the bysshop vnto certayne yonge men vnlerned vnskylled in the lawe of god whom they do call Canons And they haue also in a maner vtterly destroyed it For the bysshops of Rome reserue īmedyatlye to theyr owne powre the instytucion of al the ecclesiasticall prelacyes or dygnytes and not onely of these but also of the meane smaller offyces whiche maye agree and belonge to pure laye men as the custody of the tēples churches the colleccyon and the dystrybucyon of the temporalles or benefyces ordayned appoynted for the sayd offycers By whiche reseruacyon they do decree and determyne all maner eleccions of suffycyēt approued persones to be voyde of no strength though they be neuer so dewely made instytutynge in the stede of these suffycyēt persones by the fulnes of theyr powre as they call it beynge ignoraunte or corrupted with money or prayer hatred or loue feare or for pleasure seruyce done to them or for to optayne fauoure or throughe some other croked affeccyon persons ignoraunte and vnskylled in the scrypture of god fooles boyes without lernynge for the moste parte men corrupte of mynde openly knowen for vycious leude dysposed persons whiche can not also speake the language tonge of the people to whom they are made ouerseers gouernours as beynge of an other straunge nacyon wherfore let the pope make answere to chryste in the. x. of Iohn̄ whiche pope agaynst the true eleccyon that ought to be made amonge other monstruous thynges which he hath done dothe hath instytuted two bysshops of his owne nacyon language the one bysshop of Wynchestre in Englande and the other bysshop of Londe in Denmarke whiche can neyther of them speake any language whiche the people of theyr dyocesis can vnderstande but what maner of persones the same are in learnynge and maners it appertayneth not to me nor nedeth not me to reherce albeit that the bysshop of Londe as it is openly knowen in Denmarke his churche dyocese beynge spoyled and robbed of all the droues of great beastes necessarye to husbandrye and tyllage of the grounde accordynge as the countree requyreth gatherynge great treasures vnto hym selfe by the sale of them and forsakynge his churche is fled from thense and is retourned in to his owne regyon or countree I saye let the bysshop of Rome make answere howe this pastor or bysshop shall call his owne shepe by name knowynge the maners and conuersacion of them or howe shal his shepe folowe hym by vnderstandynge and knowynge the voyce of his preachynge doctryne Neyther it is nedefull nowe to begge or desyre bysshops or curates of other puynces because of
subiectes and obedyent and taketh also hereof vnto them selues to other occasyon lybertie to syn more at large To this adde a newe sprynge or braunche of the sayd rote y t the bysshop of Rome of his fulnes of powre hath forbydden them whiche haue any ecclesiasticall benefyce where euer it be without his lycence to make any testamentes hath decreed that the goodes of them that dyeth intestate are to be cōuayed brought īmedyatlye vnto his see And adde this also which is a greatter thynge and more of the deuyll for it is most large symonye althoughe it be fulfylled after the deade that by the same powre he reserueth the rentes and profytes or frutes of all the benefyces in whatsoeuer places they be the fyrste yere that they ar vacante gatheryng after this maner vnto hymselfe all the treasures of the worlde and robbynge all kyngdoms and prouynces of the same in whiche prouynces they ought to be dystrybuted to the mynystres of the gospell and to myserable persons or elles to be turned in to the subsydie succour of the cōmune wealthe wherof they are taken yf nede shall requyre for herefore they haue ben ordayned and assygned This agayne is a more ītollerable thynge that he sayth that the legacyes or bequestꝭ in the testamentes of chrysten laye men for the passage beyonde the see or for other causes accordynge to the dysposycion of certayne determynate persones whome they call cōmyssaryes dothe appertayne to his ordrynge by the same fulnes of powre And no meruayle hereof seynge y t a certayne bysshop amonge them hath sayd that he hymselfe hath domynyon of all kynges prynces realmes cōmunyties notwithstandynge y t in very dede none of all the aforesayd thynges doth appertayne vnto his powre and of the same rote mo greuouser thynges than these shall chaunce to sprynge vp whiche can not all be tolde for the so dyuers nature of them For one inconuenyent graunted namely suche one in whiche all other incōuenyencꝭ that may be thought or ymagyned aboute cyuyle actes are cōtayned it is no harde thynge for any other inconuenyences whatsoeuer they be to chaūce accordynge to the gentyle phylosopher Arystotle for this full powre beynge due vnto hym it foloweth that he may do whatsoeuer helyste wherfore he doth suspende dysanulle reuoke all y e ordynaciōs lawes of men at his owne pleasure which thynge as beynge the extreme vttermoste incōuenyent y t may be in the worldly regyment gouernaunce as well sayntꝭ as phylosophers hath hated refused as it was proued by demōstracyon in the. xi chapytre of the fyrst dyccyon also was more largely confyrmed in the. v. of this dyccion by the auctoryte of saynt Augustyne in y e. vi chapytre of the fyrst epystle to Timothe So than by the fulnes of powre permytted vnto hym y t whole body of y e churche is infectyd the ordre of all the ecclesiastycall iconomie is broken cyuyle regyment gouernaunce is letted vtterly or troubled in parte Vpon the whiche bysshop yf chrysten men wyll caste theyr iyes as I beseche them to do whiche hath ben dusked bleared many adaye to the most parte of them by a certayne couer or cloke coloure of sophistycall honesty they shallse clerely them selues who soeuer hath visyted the courte of Rome or to saye more truely the house of marchaundyse or the horryble denne of theues to vse chrystes wordes or whosoeuer hath not visyted it shal learne by the reporte of a great many of credyble persons y t it is made in a maner the receptacle sanctuarye of all myscheuous men and of marchauntes bothe spyrytuall and temporall for what other thynge is there than the concourse of symonyacall persons from all countrees what other thynge than the bablynge noyse of proctours pleaders of causes the assaulte of quarelers and false accusers the vexacion of iuste men There the iustyce of innocēt persons is in ioperdy or at the least wyse it is so greatly dyfferred put of yf they be notable to bye it with money that at the laste they beynge clene beggarde theyr money all consumed and themselues weryed with innumerable labours are compelled to gyue ouer theyr ryghtful and myserable causes There the lawes of men thundre and sounde lowde but the lawe and doctryne of god outher kepeth scylence or elles soundeth very seldome there are treatyses rolles and rentalles preuy castes deuysed how to inuade the prouynces of chrysten men by violence powre of armes to get to take away the sayd prouynces from them to whose custody they haue ben lawfully cōmytted But howe to get or wyn soules there is no thought nor care no counsayles at all Moreouer there is none ordre but cōtynuall horroure inhabyteth and dwelleth there And I whiche haue ben present there and seen the maner do thynke in my mynde that I do se that terryble and dredefull Image whiche Nabugodonozor dyd se in his dreame as it is recyted in the seconde chapytre of Danyell hauynge his heed of golde his armes breste of syluer his bely and his thyghes of brasse and his legges of yerne and the one parte of his fete yerne the other of erthe for what other thynge betokeneth this great Image than the state of the courte of Rome or of the pope whiche in olde tyme was terrible to lewde euyll men nowe is horryble to beholde vnto good and vertuous men For the superyoure mēbres of this Image the heed y ● breste and the armes what other thynge are they in syght in affeccyon and loue than golde and syluer and the workes of mans handes And the bely and the thyghes of it what other thynge are they than the great noyse and sounde of seculare stryfes or causes or of false accusacyons and quarelles and of symonyacall byenges and sellynges for I wyll not nowe speake of the thundres lyghtnynges of curses excōmunycacions both wryten gyuen forth by mouthe agaynst chrysten men whiche do refuse thoughe ryghtuouslye to be seculerlye subiected vnto the bysshop of Rome and to his churche to gyue temporal goodes vnto them And I beseche the tell me what other thyngis at the thyghes of brasse than the pompouse proude ordynaūcꝭ of pleasures ryote wel nere of alvanyties yea such as are vnsemelye for laye men which pompous ordynaunce they do imprynte in the sences of men whiche ought to be the example of chastyte and honestye vnto all other And the legges of yerne the fete and the toes wherupon the Image standeth and is made fast beynge partlye of erthe towardes what other thynge go they than the vsurpacyon inuasyon and occupacion of seculare domynyons kyngdoms and prouynces by the vyolent powre of armed men or men harnaysed with yerne bryngynge with them for this purpose the superyoure membres that is to wyt the geuynge of golde and syluer whiche prouoketh the armed men here
of Rome dyd folowe in this thynge vntyll the tyme of Constantyne In whiche space of tyme the bysshoppes of Rome with theyr colledge made vnto them selues certayne ordynacyons concernynge the ceremonyes and customes ecclesiastical as aboute the deuyne seruyce and the honest state of the colledge and company of preestes and the same ordynacyons as beynge profytable they dyd cōmunycate vnto other churches namely to suche as requyred them and they dyd also take vpon them selues of pytie charytie the cure and dylygence of other churches of the worlde accordynge to theyr possybylytie Because that very often tymes they wanted suffyciēt gouernours postors or prelates and therfore they dyd exhorte monysshe and coūsayle the persons of other churches in those thynges whiche appertayned to honestye to fayth or beleue And the other churches thankefully kyndly and wyllyngly receyued y e exhortacyons and monyciōs of them In whiche churches also whan otherwhyles some of the preestꝭ or bysshops or some of the deacōs or of other persons were frowarde and dyd not cease from troblynge of the other as touchynge maners or fayth at the brotherlye monycion of them that were presente than peraduenture those persones whiche were moste dyscrete amonge them and wyllynge to lyue godly and vertuouslye in chryste procured excōmunycacyons or curses to be gyuen by the bysshoppe of Rome and his churche whose monycyons chrystened people moste feared for the causes aforesayde agaynst rebellyous persones to the dystroublers of other men or otherwyse crymynouse persones or elles the bysshops of Rome dyd it of theyr owne accorde vndesyred for the zele and loue that they had to the fayth Therfore the chrysten people whiche were in other places for the most parte of them agreed to obeye the bysshop of Rome his churche for the conseruacyon of the vnytie of the faythe and of quyetnes amonge them selues one of them with an other because these sayde thynges coulde not be kepte by powre coactyue or by any other more cōuenyēt way for as moch as y t tyme y e humayne lawemakers in a maner or prynces euery where was hethen and not chrystened But whan the tyme of Constantyne the fyrste Emperourr of Rome was come whiche fyrste of all emperoures permytted and graūted that chrysten people myght assemble and come togyther openly than was fyrste made general councelles of preestes or bysshopes by the cōmaundement or auctoryte of the forsayd emperour by whiche councelles the doubtefull sences of the holy scrypture were defyned and determyned and the true sences of the same sequestred and dysceuered from the false and erronyous sences whiche false corrupte and madde sences some of the preestes otherwhyles throughe ignoraunce and moste cōmunelye throughe superstyciousnes malyce had sowen and sparpled abrode amonge chrystes faythfull people in whiche councelles also ordynacyons and statutes were made aboute the ecclesiasticall vsage and customes as concernynge the deuyne seruyce and the honestye and good ordre of deacons and preestꝭ and as touchynge the promotynge of them vnto the ecclesiasticall offyces as well in seperable whiche they call ordres as seperable whiche they call prelacyes or cures of soules and to such other offyces incertayne places and prouynces and also cōcernynge the dystrybucyon of the temporalles or benefyces as the oblacions and other thynges which were gyuen vnto them both moueables and vnmoueables for the mynysterynge of the gospell the forme and maner was determyned sette and appoynted in the sayde councelles of the whiche forme and maner to be obserued and kepte the prynce and gouernour gaue or made a coactyue precepte or lawe byndynge euery maner man bothe preestes and laye men by a payne or punysshement outher reall or personall to be done vnto the transegressours of it accordynge as euery one dyd require for y e state in y e state of this present world And such maner lawes were made agaynst preestꝭ bisshops more thā agaynst other men because cōmunelye at that tyme they were preestes whiche gaue the cause of makynge suche coactyue preceptes or lawes And neyther the bysshops of Rome neyther any other bysshoppes who euer they were dyd resyste or speke agaynst the humayne lawe maker or prynce as beynge not subiectꝭ to y e lawes and statutes of prynces but alwayes made supply cacyons to prynces that they wolde make such lawes as it appereth by the aforsayd boke of Isodorye and by other approued hystoryes ¶ Moreouer by the same prynces or emperours lawes were made and hath ben made concernynge the certayne nombre that shuld be of preestes accordynge to the prouynces and concernynge temporall goodes belongnnge to them both moueables and vnmoueables whiche hath ben gyuen to them as it is sayd by thē sayd constantyne and by the other emperours of Rome or other prynces or gouernours and successyuely also by some other synguler persones And agayne concernynge the cyuyle or contencious actes of them albeit the sayd lawes hath ben moderated with specyall fauours of the grace and goodnes of the humayne law makers or prynces consyderynge and regardynge the dygnyte and reuerence of the ordre of preesthode because by it accordynge to the truthe the offyce of chryste is represented regardynge also the grauyte of theyr maners and the symplycyte and innocencye of the parsones whiche at that tyme were mynysters of the gospell and bare the sayd offyce euen lyke actes they ordayned and made lesse rygorous lawes for them than for laye men grauntynge vnto them also many pryuyleges For at that tyme they were in nombre but fewe and deuoute through humylyte and humblenes easylye geuynge place and makynge no resystence to the assaultes of lawyers and pleaders of causes nor strengthed and compased aboute as they ben nowe on euery syde with vyolent or armed powre for the defence of them selues the offendynge or hurtynge of other For in the olde tyme it was a great abhomynacyon and shulde haue semed a cyuyle monstre yf clarkes namely preestes or bysshops had taken harnes or weaponed them selues or had cōmaūded other men to take on harneys to fyght wherfore saynt Ambrose in the place afore alledged in the. ix chapytre of this dyccyon sayth thus I shall be able or maye be sory I maye wepe I maye wayle and syghe my teares are my armoure or weapons agaynst warres soldyers and also agaynst the Gothes for suche thynges are the munymentes strength and aydes of a preeste but otherwyse than thus I neyther ought neyther maye resyste And for this cause they neded at that tyme specyall fauours and pryuylegies that they myght lyue quyetlye and safelye and myght escape the vexacyons of quarelles and false accusarers howbeit nowe adayes there is a conuersyon and chaunge made in this thynge of them in respecte and comparyson to laye men in to the contrarye qualytye So that in the olde tymes they lyued vnder the lawes and cyuyle ordynacyons of seculer prynces and a longe season the whole colledge or companye
to gouerne theyr empyre And in the same maner or moch lyke certayne emperours of Rome for a solempnyte and sygne of theyr intronizacion or coronacion and for the more large grace of god to be optayned haue caused the emperyal diademe to be put vpon theyr hedes by the bysshops of Rome whiche settynge on of the diademe who wyll saye y t it gyueth to the bysshop of Rome more auctoryte vpon the emperour than it doth to y e arche bysshop of Rhone ouer the kynge of Fraunce For suche maner solempnyt●es do not gyue auctorite but they do sygnifie that auctorite hath ben had or gyuen Of this reuerence than so gyuen by the emperours of theyr owne free wylles the bysshops of rome oftentymes sechynge those thynges which ar not theyr owne haue brought in a custome to saye more truely an abuse by reason of the symplycite because I wolde not saye the cowardenes and dastardnes of the prynces emperours to call the approbacion of the persone elected and the benediccion which they sent vpon the same persone by worde of mouth or in wrytynge the cōfyrmacyon of the eleccion aforesayd And whyles the emperours of rome in y e olde tyme dyd nothynge regarde nor take hede what preiudyciall intent and purpose was hyd vnder this maner of so callynge it the popes of rome haue so secretlye and pryuely brought it in from tyme to tyme yea nowe doth it openlye that no man be he neuer so cōuenyently elected kynge of the Romaynes may be called kynge neyther yet maye haue or exercyse the auctoryte of the kynge of the Romaynes excepte he shall haue ben approbated before by the bysshoppe of rome whiche approbacyon resteth onelye in the wyll and pleasure of the bysshop of rome as he hym selfe sayth because he recognyseth or knowledgeth no man here in earth to be superyour or equal to hym selfe in such maner iudgemēt Neyther he is bounde as he sayth to folowe the coūsayle of his brethren whom he calleth cardynalles in this thynge or in other thynges albeit that he doth vse theyr counsell but that he may do contrarye to theyr counsayle in what soeuer thynges yf he lyste of the fulnes of his powre ¶ But in this the bysshop of Rome after his owne wonte and maner cōcludeth false of trewe thynges and euyl of good thynges for it doth not folowe because the emperoure throughe deuocyon of his owne free wyll gaue this reuerence to y e bysshop of Rome that he gaue hym knowledge of his eleccyon and desyred his benedyccion and intercessyon vnto god that therfore the eleccion of the emperour of Rome hangeth of his wyll and pleasure For this shulde be none other thynge than to lose or dystroye the empyre of Rome perpetually to prohybyte or let the creacion of the emperour or gouernour For yf the auctoryte of y e kynge or prynce elected shuld hange onely of the wyll and pleasure of the bysshop of Rome than is the offyce of the electours vtterly voyde and of no strength for as moche as he that is elected by them neyther is emperoure neyther may be called kynge or emperoure afore that he be confyrmed by his wyll or auctoryte who is sayde to syt in the see apostolyke neyther maye he that is so elected exercyse any regall auctotytie Yea and moreouer which is a very paynfull thynge not onely to suffre but also to heare it shall not be lawfull to any man so elected to take vnto hym selfe so moche as his cotidiane and dayly charges of the prouentes of the empyre with out the lycence of this sayde bysshop what other auctoryte than doth the eleccyon of the prynces gyue vnto the emperours than onely the name sayenge that the determynacyon of them hangeth vpon the wyll and pleasure of one man alone that is to wyt the bysshop of Rome For seuen barbours or seuen blere iyed men myght gyue as moche auctoryte vnto the kynge or emperoure of Rome as dothe the. vii electours but yet let no man thynke y t we do speke thus to the contempte of the electours but to the mockynge and derysyon of hym that wolde depryue them of the auctoryte dewe vnto them for he is ignoraunte what is the vertue nature of an eleccyon and for what cause the powre and auctoryte of the sayde eleccyon dothe consyste and reste in the bygger parte of them that ought to electe those the emperoure and that the effecte therof neyther ought neyther maye depende or hange vpon the wyll of any one man alone yf it shall be reasonably instytuted but onely it shall hange vpon the wyll of the electours So than the bysshoppe of rome euydentlye is wyllynge to destroye the offyce of the electours all thoughe he gothe aboute by meruaylouse crafte and subteltye to blynde circumuent or begyle them For he sayth in certayne of his scryptures that no man beynge elected to be kynge of the romaynes is kynge or ought to be called kynge afore his conformacion the auctoryte wherof he sayth to belonge to his owne fre powre And he meaneth also that the instytucyon of the electours also dothe belonge to the same auctoryte For the same bysshop as he sayth hath translated the empyre from the Grekes in to the persone of great Charles otherwyse called Charles mayne And agayne in other certayne decrees where he sayth playnlye that a certayne emperoure whiche was elected by them was by chryste and his apostolyke see depryued of all the auctoryte which the electours myght gyue vnto hym he putteth afterwardes craftelye and gylefullye these wordes And yet we wyll not that by this any preiudyce be gendred to the electours or to theyr offyce And yet he dothe manyfestlye preiudyce vnto them naye rather to speake more truely he dothe anulle theyr offyce vtterlye in that he sayde before that by theyr auctoryte the regale auctoryte of the romaynes is gyuen vnto no man and agayne in that that without theyr consente and determynacion he dothe depryue hym that was elected by them of the ryght and the auctoryte of the eleccyon gyuen to hym by them and so mockynge and begylynge them he dothe none otherwyse preiudyce vnto them than he dothe hurte one that pulleth out hisiye althoughe he do saye that he wyll not hurte hym whan he doth so ¶ Agayne to ascrybe this confyrmacyon of the emperour elected vnto hym selfe and to saye that without the sayd confyrmacion no man is emperour nor ought to be called kynge or emperoure nor ought to mynystre the thynges appertaynynge to the emperoure that is none other thynge than to prohybyte perpetually the creacyon and promocyon of the sayd prynce or emperoure or elles to bryng the sayd empyre holly in to the seruytude and bondage of the bysshop of Rome for the bysshop of Rome yf he lyste not wyl neuer approue or confyrme any man that is elected kynge or emperour of the Romaynes for asmoch as he affyrmeth hym selfe to be superyoure vnto all men and in
this thynge to be vnder no colledge or syngulare persone nowe shall he neuer lyste or be wyllynge to approue or confyrme any man elected because that afore he doth approue hym whiche is elected kynge or emperoure he wyll requyre of hym promyses and othes And amonge other he wyll requyre y e othe wherby the emperour shall saye and expresse hym selfe to be subiecte vnto the sayd bysshop in fealtye or temporall and coactyue iurysdyccyon And he wyll requyre also the vnlawfull and vniuste occupacyons of certayne prouynces to be kepte and mayntayned vnto hym selfe by the sayd elected emperoure and this thynge he wyll requyre to be promysed and confyrmed by the othe of the sayd elected emperoure which vnlawfull promyses and othes beynge not possyble to be made neyther to be holden and kepte after they are made sauynge the conscience of the emperours maiestie and the lawfull othe gyuen or made in his creacyon to cōserue and mayntayne the lyberties of the empyre Neuer any man beynge elected emperour wyll gyue or make to the bysshop of Rome or to any other bysshop excepte he be more softe and cowardlye than a woman and also manyfestlye periured in swerynge and promysynge suche maner thynges wherfore none of the emperours elected shall euer be created emperour of the Romaynes or shall deserue the name of the emperoure yf the regall or emperyall auctoryte of the persones elected doth hange of the bysshop of Rome For as longe as the sayde bysshoppe maye lette and prohybyte them thoughe he doth this vniustlye and sekynge those thynges whiche appertayne not to hym no questyon but he wyll let them bothe by his wordes and also by his workes dedes so longe as he may And yet there foloweth also a more greuous preiudyce more vntollerable hurte than these aforesayde y t all prynces cōmunytes synguler ꝑsons which ben subiectꝭ to y e emperour ben by this reason also subiectꝭ to y e empyre domynyon of y e bysshop of Rome For seynge y t the sayd bysshop doth say affyrme hym selfe to succede the aforesayd emperour in offyce the emperyal seate beynge vacaunte it foloweth of necessyte that it belongeth to the auctoryte of the sayd bysshop to exacte and requyre othes of fidelite of all pryncꝭ and other that oweth fealtie to the emperour and to compell them to make or gyue the aforesayd othes and also to demaunde of the same trybutes and other seruycꝭ whiche hathe ben wonte to be done by the same vnto the emperours of Rome with other thynges whiche the sayd bysshop shall lyste to fayne to be dewe vnto hym selfe beyonde the custome of his fulnes of powre whiche he sayth openlye to belonge vnto hym selfe And it foloweth also that the collacyon or gyuynge of pryncedomes of fees and of other lybertyes whiche the emperour of Rome may gyue for defaulte of hayres male or for any other reason or cause dothe lykewyse appertayne to the auctoryte of this sayde bysshop the emperyall seate beynge vacaunte Yea it foloweth moreouer whiche is moste preiudycyall and moste greuouse thynge of all that whan the emperyall see is vacaunte whiche after the powre and dylygence of the bysshops of Rome shall perpetually be vacaunte the prynces colledgies cōmunyties and syngulare persones whiche are subiectes to the empyre of Rome contendynge and stryuynge cyuyly one with an other by the reason of appellacyons cōmynge betwene or throughe complayntes made of them brought vnto the courte of the bysshop of Rome as well reall as personall shall be compelled to come to the courte of the sayd bysshop by his cytacyons and there to abyde cyuyle and tēporal iudgement And no prynce cōmunyte or iudge beynge subiecte to the emperour of Rome shall be able to put any sentēce by the reason that the persons condempned shall alwayes to stoppe suche execucyon appele from the temporall sentences of them vnto the courte of Rome And yf they that be subiecte to the empyre of Rome wyll not obeye the sayde bysshop or be vnder hym in the aforesayde thynges as they are not bounde than the sayde bysshoppe shal contynuallye without ceasynge and with all malycious and frowarde enforcemēt persue them by sentēcꝭ as they are called of cursynges of blasphemyes of excōmunycacyons of heresyes of interdyccyons and laste of all of beynge depryued and losynge of theyr temporall goodes makynge suche maner temporalles cōmune and grauntynge them to who soeuer shall be able by any maner waye to plucke them awaye and by grauntynge to them that dothe pursue suche persones with all theyr subiectes and adherentes and whiche also by whatsoeuer meane can kyll or slee them false and dysceyptfull pardon of all maner synne and payne and also by absoluynge thoughe heretycally the subiectes of them from theyr othes outher afore gyuen or afterwardes to be gyuen vnto the sayd prynces And yf the bysshop of Rome pretēdynge after his wonted maner the cure and loue of the people shall saye that therfore it appertayneth vnto hym selfe to confyrme or alowe the eleccyon of the emperoure of Rome leste peraduenture an heretyke myght clyme vp vnto the emperyall dygnyte Whiche by the reason therof wolde do verye moche hurte to the cōmunyte of chrysten people verely answere is to be made vnto hym conuenyentlye that the sayd eleccion nedeth not therfore to be alowed of hym for asmoche as the same eleccyon is celebrated and made by iii. solempne archebysshops of chrystendom whiche eche one of them hath taken as great auctoryte of preesthode or epyscopall powre of chryste as hathe the bysshop of Rome And also by iiii seculare chrysten prynces with whome whan the aforesayde relygyous pastours or prelates do agree togyther than the eleccyon of the aforesayde emperoure is made perfyte And it is not lyke to be trewe that these vii wyll so erre or be moued by peruerse intencyon or corrupte affeccyon as dothe the wyll of the bysshoppe of Rome alone by hym selfe whiche thynketh supposeth that he maye of ryght leaue vnto his owne iudgement alone by y e reason of that fulnes of powre which vnaccordyngely he dothe ascrybe vnto hym selfe For so he myghte at his pleasure iudge whome soeuer he lyste to be an heretyke and so depryue hym of the ryght of his eleccyon by reason wherof the offyce of the prynces electours shulde be made voyde and the creacion and promotynge of hym that is elected shulde be alwayes prohybyted and letted for the causes aforesayde But yet the case put that accordynge to the mynde of our aduersarye the emperoure of Rome outher afore or after his eleccyon hathe falen or doth fall in to heresye and that the prynces electours had no knowledge therof yet it is to be sayde that the iudgement or correccyon of hym dothe in no wyse therfore appertayne to the bysshop of Rome Moreouer it is to be demaunded why the ablynge of other kynges dothe not belonge also to theyr sayd iudgemente and powre of approbacyon For I
dare be suertye that they do intende this also thoughe they dare not as yet attempte it or set vpon it but do wayte a mete and a conuenyent tyme therfore wherof also peraduenture we shall speake somwhat So than of these sayde false supposycions no we last of all a certayne one called pope of Rome entrynge in to the way of erroure and iniquyte with al his studye and inforcementes letteth and prohybyteth noble Ludouyke descendynge of the dukes of Bauarye which is elecced kynge of the Romaynes to procede vnto quyete possessyon of the hyghe emperyall dygnyte For the sayd Ludouyke bothe by his worde and also by his dede kylleth and destroyeth not with out a cause the supposycions of the aforesayde bysshop For albeit that he hathe not yet ben approued or confyrmed by his wordes or wrytynges as we haue euydentlye shewed here before neyther neadeth to be confyrmed yet that not withstādynge from the tyme of his eleccion made and publysshed by the electours hyther to contynuallye he hathe caused and dothe cause hym selfe to be wryten and named kynge of the Romaynes as in very dede and accordynge to the trouth he is and hathe ben and also he dothe admynystre all thynges belongynge to the sayd kynge or emperoure in all poyntes as he may and also is bounde to do of ryght wherfore accordynge to the tale of Esope worthy to be marked and very well agreynge to our purpose this serpent the bysshoppe of Rome that nowe is albeit that he hathe ben exalted releued and auaunced in his predecessours by the sayd Ludouyke or his predecessours from great pouertye vylenes oppressyon rebukes and persecucyon vnto abundaunce of temporall goodes to that hyghe dygnyte and honoure and to powre and tranquyllite yet lyke an vnkynde persone and one that had forgotten all the aforesayde benefytes he hathe lyfted vp hym selfe agaynst the aforesayd Ludouyke Fyrste after his lewde and wonte maner spyttynge out many wordes of rebuke dysworshyp and irreuerence agaynst the sayd prynce But yet offrynge this venome or poysone vnder the apperaunce of hony he pretendeth after his olde crafte and deceypte a coloure and apparaunce of vertue and charyte where he saythe in certayne of his epystles whiche he calleth decrees that he wryteth or speaketh suche thynges to the ende that he myght brynge agayne the sayd Ludouyke from the bypathe or erroure vnto the ryghte waye or pathe of truthe and of helthe not regardynge hym selfe whiche speaketh neyther what he speaketh neyther to whome he speaketh To the which bysshop as beynge out of the waye from all truth and parteles of all equyte we may say cōuenyently and verely truly with chryste that texte in the. vii of Mathewe and in the. viii of Luke why seest thou a strawe in the iye of thy brother and dost not se a bealme in thyne owne iye or how sayst thou to thy brother brother suffre me to caste out the strawe out of thyne iye and haste a bealme in thyne owne iye Thou hypocryte fyrste caste out the bealme of thyne owne iye and than shalte thou se to caste out the strawe of thy brothers iye There is no good tree whiche bryngeth forth euylfruyte neyther euyll tree bryngyng forth good fruyte Euery tree is knowen by his owne fruyte Why than dothe this hypocryte the most euyltree brynge euery where the fruytes of all malyce and seducyon and dyscorde as it is sencyble knowen of all men and why dothe he go aboute to defame this vertuous man innocent catholyke and praysed of all men with his wordes of ignomine and slaundre vnder the false apperaunce and coloure of deuocyon and charyte Let hym fyrste caste out from his owne mynde beynge ful of darkenes and as it were blynde the bealme that is to wyt his most great ignoraunce and erroure And from his owne lewde affeccyon beynge in a maner oftynate and in durated let hym caste a waye malyce and furyous woodnes and than he shall be able to se the small faultes of other men and maye by his exortacions and monycyons the more metelye and conuenyentlye caste them out of other men And afterwarde the aforesayd bysshop whiche vnder such deceyptfull and fayned wordes dothe intende not the amendment of the man but the cyuyle deathe and destruccyon of the cōmune weale hathe powred forthe and spredde abrode agaynst the aforesayde moste chrysten prynce the venomes and poysons of cyuyle lyfe whiche he hathe supposed to be moste deadlye vnto hym in that that he hathe excōmunycated hym with all those that pertyculerly do cleue vnto hym and hath also forbydden the exercyse of the dyuyne seruyce vnto all cōmunyties of chrysten men whiche do gyue or are aboute to gyue helpe counsayle or fauour vnto the same prynce as beynge kynge of the Romaynes lytle or nothynge markyng or regardynge the counsayle of saynt Ambrose in his boke whiche is intytled De sacerdotali dignitate For there Ambrose treatynge of the texte of Paule in the thyrde chapytre of the fyrste epystle to Timothe Yf any man desyreth preesthode c. And amonge other thynges in the. viii chapytre of the sayde booke he sayth thus Not brawlers that is to saye let not a preeste louse his tonge to raylynge and euyll wordes lefte by the same tonge by whiche he gyueth prayses to god and offereth vp the deuyne seruyce he do brynge forth the venome or poyson of braulynge and stryfe For it is not semely that bothe benedyccyon and maledyccyon shulde yssue out of a preestes mouthe And agayne lefte by the same tonge by whiche god is lawded man maye be despraysed and euyll spoken of For he maye not brynge forthe bothe swete water and bytter water out of one fountayne or sprynge And in conclusyon peraduenture he shall sende forthe the prycke or stynge of his malyce whiche he supposeth to be most vtter and extreme in noyenge or dystroyenge supposynge to fasten it vpon the sayde prynce that is to wytte a certayne blasphemye called of hym a sentence thoughe in verye dede it maye be called a madnes by whiche he hathe pronounced the aforesayde prynce with all that dothe cleue vnto hym or that dothe obeye hym or fauoure hym as kynge of the Romaynes to be heretykes enemyes or rebellyons vnto the churche And by the whiche sentence he hathe depryued and berefte them the ryght of all theyr temporalles bothe moueables and vnmoueables in makynge the sayde temporalles cōmune by his aforesayde sentence vnworthelye so called by grauntynge them also to who soeuer lyst to entre vpon them to wynne or get them by vyolence by spreadynge abrode in all prouynces by his wordes or elles by his wrytynges in parchement by hym selfe or els by certayne other false preachers that this maye be done lawfullye And agayne by condempnynge them to deathe and by grauntynge remyssyon and forgyuenes of al synnes and paynes or punysshementes and of all crymes vnto those that do kylle or inuade them And by bryngynge them yf they betaken
moste of all other that sence vnto whiche the bysshop of Rome hathe laste translated the aforesayd oracyon that is to wyt ascrybynge by it vnto hym selfe vnyuersall or hyghest iurysdyccyon coactyue whiche vnder a metaphorye of wordes he calleth the temporall swerde vpon all prynces cōmunytyes and peoples of the worlde albeit that he dothe nowe expresse this tytle onely agaynst the emperoure of the Romaynes as we haue sayde and haue shewed also for what causes but in tyme to come he shall expresse the same tytle agaynst all the resydue of prynces whan he shall perceyue and se sedycyon to be in theyr realmes and shal se also that hymselfe hathe vyolent powre to vsurpe and to occupye or wynne them So than the fulnes of powre throughe cowardenes beynge permytted vnto the bysshoppes of Rome they haue hytherto vsed aboute cyuyle actes and contynuallye do vse and shall vse in tyme to come worse and worse yf they be not stopped or letted for they haue made certayne olygarchycall lawes by whiche they haue exempted the colledge or companye of clarkes and certayne other maryed men from y e cyuyle lawes duelye gyuen or made to y e most hygh preiudyce of prynces and peoples And yet not contentyd to kepe them with in these bondes they do nowe cause laye men to be cyted and called afore theyr offycyalls or iudges as they are called and wyll there punysshe them vtterlye destroynge the iurysdyccyon of the prynces or gouernours And this is the syngulare cause of stryfe and cyuyle dyscorde and verye secrete in the begynnynge of it whiche we purposed euen from the begynnynge to shewe and declare For many chrysten men beynge deceyued and begyled throughe the darkenes mynglynge togyther of the scryptures of god and of the scryptures of men haue ben induced and brought in mynde to beleue y t the bysshop of Rome with his clarkes whom they do call cardynalles maye make statutes decrees vpon chrysten men what soeuer he and they luste and that all men are bounde by the lawe of god to obserue the same and that the transgressours of them ben boūden vnto eternall dampnacyon whiche thynge we haue shewed of suertie heretofore neyther to be true nor yet nere to the truthe but manyfestly contrarye to the truthe This agayne is the cause as we sayd in our prolouge or entresse wherby the kyngdome of Italye hathe ben of longe season combred vexed or dyseased and is cōtynually vexed and this contagyon is nowe no lesse redy to crepe in to other cyuylyties and realmes yea and hathe somwhat all redy infected them all and in conclusyon yf it be not stopped or letted shall infecte them vtterlye as it hathe enfected the empyre of Italye wherfore it is expedyent vnto all prynces and peoples by a generall counsayle to be called togyther to interdycte and vtterlye prohybyte the bysshoppe of Rome or any other bysshoppe to haue or vse this tytle leaste throughe custome of hearynge false doctrynes from hensforthe the people be seduced and begyled And the powre is to be reuoked from hym of gyuynge and dystrybutynge ecclesiasticall offyces and temporalles or benefyces and that because this bysshoppe of Rome abuseth them to the hurte of the bodyes and to the dampnacyon of the soules of faythfull chrystened men And this to do all y t haue iurysdyccyon chefelye kynges are bounde by the lawe of god For herefore they are constytuted ordayned to do iudgement iustyce which thynge yf they be neclygēt do not regarde to do from hensforth they are in excusable in asmoch as they do knowe the hurte y t groweth of suche omyssion forbearynge or rather neclygence And let hym whiche is bysshop of Rome with his successours in the aforesayde seate and all other preestes and deacons and spyrytual mynystres to whome I speake these wordes not as to enemyes I cal god to wytnesse agaynst my body and soule but rather as vnto my fathers and brethren in Chryste let them I say studye and inforce them selues to folowe chryste and the apostles renounsynge vtterlye and puttynge awaye seculare empyres and domynyons of temporall thynges For I haue opēnlye reproued and rebuked them whiche do synne in the syght of all men accordynge to the doctryne of chryste and of the apostle and I beynge the cōmune herolde of truthe haue gone aboute by the deuyne humayne scrypturꝭ to reduce and brynge them agayne vnto the pathe or waye of the truth that they and namelye the bysshop of Rome whiche semeth to haue gone moste largelye out of the waye maye auoyde that indygnacyon of all myghtye god of the apostles Peter and Paule whiche he syngulerly often tymes threteneth to other men Wherfore let hym regarde the ordre of charyte so that fyrste auoydynge the sayde indygnacyon hym selfe consequentlye he do teache other to auoyde the same For he is not ignorant or at the lest wyse shall not from hensforth be ignorant that besyde and without the cōmaundement of god yea cleane moreouer agaynst the precepte or counsayle of chryste and of the apostles he setteth vpon the empyre and vniustly letteth and troubleth the emperour Agayne he is not ignorant y t throughe the slaunder or occasyon reysed by certayne of his predecessours and hym selfe in Italie many batayles haue sprōge by reason wherof so many thousandes of chrysten men haue ben slayne by vyolent deathe whom it may be presumed of lykelyhode to be eternally dampned for asmoche as very many of them haue ben preuentyd with deathe beynge full of hatred and euyll wyll towarde theyr brethren And they that are lefte alyue of the same sorte are wretches abydynge the same or very lyke ieopardous chaunce and myserable ende excepte the helpynge hande of god be theyr succoure or leche for hatred hath entred in to y e myndes of them with stryfe and contentacyon wherof afterwardes fyghtꝭ and batayles do folowe And moreouer also honest maners and dyscyplynes beynge corrupted in a maner all kyndes of vyces wantonnes myschefes and errours haue vtterlye possessyd and occupyed the myndes and the bodyes bothe of men women The successyon of theyr chyldren is cut away theyr substance or goodes are consumed theyr houses are plucked in sondre and destroyed great famouse cyties are emptie and destytute of theyr inbabytaūce the feldes vntylled no we beynge deserte are dyswonted and haue ceased to gyue theyr wont fruytes And whiche is the thynge most to be bewayled and sorowed the true deuyne seruyce and honourynge of god hath ceased in the same place beynge in a maner vtterly dystroyed and put away and the churches or temples haue remayned as desertes or wyldernesse beynge destitute of preachers vnto all whiche sayde myserable pyteous thynges the wretched inhabytaūtes blynded in mynde through hatred and dyscorde amōge them selues one to an other haue ben prouoked and prycked and cōtynually are prycked and prouoked by that great dragon the olde serpent whiche ought and maye be worthy
vnyte of the folde in no place Peter or Paule or any other apostles is named but onelye the vnyte of faythe and the person of chryste which alone by the imedyate ordynacion of god is heed and foundacion or ground worke of all the churche and pryncipall or cheyfe of al herdysmen as we haue sayd by the premysses and haue shewed of certaynte in the. xvi of this dyccyon ¶ And to the other obieccyon or argument wherby it is concluded that the bysshop of Rome alone or with his colledge of cardynals one lye is the pryncypall cause effectyue of the secondrye instytucyon of all other mynystres of the churche and that it is in his powre outher medyate or imedyate or elles bothe to assygne or determyne temples to the same mynystres I make answere denrenge it And whan it is cōfyrmed by the auctoryte of Ambrose of De tradend is basilicis whiche saythe that it can not be the ryghte of Cesar to determyne or instytute preestes to temples or churches because the churche belongeth to god it is to be answered and sayde that Ambrose spake this therfore because at that tyme and in those dayes it was ieoperdouse to permytte the gyfte of suche maner offyces that is to wyt the cures charge of soules vnto the Emperours of Rome because they were not yet suffycyently cōfyrmed and establysshed in the fayth but rather certayne of the sayd emperoures and romayne prynces dyd fauer more other whyles the preestꝭ y t were heretykes than those preestes which were verely faythfull in the true belefe As dyd the same Ualētiniane y e emperour to whome saynt Ambrose wrote dyrected the aforesayde epystle De tradēdis basilicis but yet for all y t the fayth beynge roted establysshed both in subiectꝭ in the pryncꝭ in such maner cōmunyte y e eleccion instytucion of bysshops of other curatꝭ hauynge charge of mans soule is both more suerly safely also more profytably more cōformably to y e lawe of god ▪ made or done by y e auctoryte of the chrysten prynces than by the wyl of one preeste which we do se lyghtlye and in a maner daylye to be peruerted and corrupted throughe prayer or money loue or hatred or elles by some other synystre croked affeccyon Neyther dyd Ambrose euer saye that this auctoryte dyd belonge to the bysshoppe of Rome or elles to any other bysshop but for the aforesayde cause he sayd that the churche or temple belongeth onely to god and to his faythfull multytude of chrysten people as beynge the churche in his pryncypall and fyrste sygnyfycacyon of the whiche churche chryste is the heed Neyther dyd Ambrose outher say or thynke the contrarye hereof And it is a sygne hereof that is to wyt that Ambrose as beynge a bysshop and herdysman of chrysten men dyd stryue onely herefore that y e chrysten flocke shulde not be cōmytted to the gouernaunce of an euyll preeste or beynge an heretyke for as moche as he sayde in the fyrst epystle to Ualentiniane in this wyse And wolde to god I knew suerlye and euydently that the churche shulde not be cōmytted to the Arrianes I wolde than wyllyngly of myne owne mynde offre my selfe to the wyll and pleasure of your maiesty And that he must nedes haue meaned so aboute the tradycion gyfte of churches as we haue now sayd and haue manyfestlye proued also in the. xvii of this dyccyon For yf a bysshop or preeste which were infected with heresye shulde occupye a rometh in any churche in a cōmunyte of chrysten men and wolde not gyue place it is vndoubted that such maner persone may laufully be cōpelled and ryghtfully by a iudge coactyue and by powre of armes accordynge to the lawes of men But this coactyue iudgement and powre is not the auctoryte of any preeste as the same Ambrose wytnesseth and truelye in his epystle whiche is intytled Ad plebem that is to say to y e cōmune people for he sayth Agaynst the Gothes men of warre also my teares are myne armoure and weapons For suche are the munymentes defence of a preeste otherwyse I neyther maye neyther ought to resyste howe beit this thynge also hathe ben cōcluded by demonstracyon in the. xv and. xvii of the fyrste dyccyon and hathe ben also confyrmed by the auctoryte of scrypture and of sayntes and by other probacions also in the. iiii v. viii and. ix of this dyccyon And therfore it is safely to be holden that saynt Ambrose dyd so meane as we haue sayd For the apostle Paule also appelled vnto Cesar as we haue heretofore alledged of the. xx chapytre of the actes So than it semeth to appertayne to the auctoryte of the prynce and gouernour to gyue the temples or churches to be dysposed ordered and to instytute preestes in them whiche thynge also the catholyke kynges of Fraunce do in certayne churches recognysynge neyther bysshop or preeste as from whom this auctoryte shulde be deryued vnto them And so we do byleue and suppose that Ambrose dyd meane and oughte to meane yf he meaned truely And yf he meaned contrarye to this which we do knowe and byleue to be the sentence of the holy Canon or scrypture than leauynge his opynyon whiche we are not compelled or bounde to byleue of the necessyte of saluacyon for asmoche as his scrypture is not canonycall cleauynge to the canonycall scryptures I do holde the sentence which I haue sayd as beynge true And where as it semed of the same auctoryte of Ambrose to be inferred and cōcluded that vnto the bysshop of Rome appertayneth by the auctoryte of god īmedyatly the hyghest iurysdyccion of the ecclesiasticall tēporalles whiche for theyr offyces are gyuen to the euangelical mynystres it appereth of the aforesayd thyngꝭ that this illacion or argument is weake of no strength as we haue also suffycyētly concluded in the. xvii chapytre of this dyccion whiche sentence in this poynt saynt Ambrose also doth confyrme in the aforesayd epystle De tradendis basilicis i. of the gyuynge of churches where he sayth thus Yf he desyreth trybute that is to wyt the emperour we do not denye it hym the landes of the churche payeth trybute Yf the emperour desyreth the landes he hathe powre auctoryte to chalēge them None of vs letteth or stoppeth hym The collacion or gyfte of the people may be suffycient and more than ynoughe to poore men let them not make enuy of the landes let hym take them yf it pleaseth hym I do not gyue them to y e emperour but I do not denye them to hym but peraduenture som man wyll obiecte whiche secheth alwayes to defende the landes sayenge that these landes are the ryght of the spouses of chryste hauynge lytell care for the defendynge of the true spouses that is to wyt of the holy catholyke fayth as the kynge kyngdome or realme of Armenye can manyfestlye beare wytnesse vnto hym
causes of dyuyne lawes The Imagꝭ or fygures of sterres or constellacions The soules of men to entre in to y e bodyes of vrute beastes The fable of Tantalus Tartara hell The preestes of y e gentyles what maner men were instytuted to be preestes amōge y e gentyls Of wat maner men god is to be worshypped The lawes or sectꝭ of the gentyles had not right opynyon of god Adam was created to the image of god what maner was the falle or offence of Adam and what maner one the punisshemēt therof Originall synne Chryste was free from orygynall synne Mā was made sycke in soule by orygynall syn̄e Ritus holocastorum Circūsycion The lawe of Moyses Sacerdotes acleuite The vtilitie of the lawe of Moyses The lawe of grace why our workes are called merytoryous Vntyll the cōmyng of chryste y e fathers remayned in Limbo why man was not restored forthwith after his fall The offyce of preestes deacons The ende or fynall cause of the offyce of preestes The fynall causes Lybertie is y e fynall cause of warre Of what maner men iudges ought to be made The ꝑtes of a cytie at mē profytable to the commen weale Regimen tēperatum Aegimen vitiatum Monarchye Regall Tyrannye Aristocratia Oligarchia Politia Democratia The wyll of god is the cause of Regall preesthode Monarchie 1 2 The maners of gouernoures in Asia 3 4 Heroycall tymes Who were heroes 5 There are ii sortes of prynces or gouernours the one ouer voludtarie subiectes the other ouer inuoluntarie subiectes This worde lex hathe many signyfycacyons Lex is put for an inclynacyon Lex is put for a secte Lawe maye be taken two man̄ of wayes Howe y e lawes is acoactiue precept The necessytie of makynge lawes is declared Iudgꝭ be corrupted throughe euyll affeccyon Derye fewe thynges be to be cōmyted to the pleasur of the Iudges Mānes mynde is not without synyster affeccyons No thynge is to be iudged without a lawe Iugementes are geuen after dyuers maners The lawe whiche at the begynnynge is vnperfyte is finysshed made perfyte by the addicyons of them y t come after Long delyberacyon is to be taken before that any sentence or lawe be pronounced Prudence requyreth long experyence what maketh an experte man Artes ar not made perfyte by one man alone How or wher of craftes hathe takē theyr perfeccyon Who were the fyrste inuentours of musyke Arystotle bosteth hym self alone to haue ben the fyrste inuenter of logyke The lawe was signyfyed of the olde wyse men by the iye Why wherfore lawes at necessarie Let the iudge determine nothynge without a lawe A goodly sentence What thynge destroyeth kyngdomes The hystorye of Susanne Theopōpue The example of Theopompus It is not lawefull for a prynce to greue his subiectes with any eyaccyon contrary or besyde and without the lawe The dyscrypcyon of the lawe He meaneth here of those lawes which do passe by acte of parlyament Howe the promulgacyon of lawes is to be made The dyscrypcyon of a cytezen c. The auctoryte of makige or gyuynge lawes The best law is that which helpeth to the cōmune profyte Howe and of whom y e law is to be gyuē In all this longe tale he speaketh not of the rascall multytude but of the parlyament A cytie is a cōmune societie of fre mē Not onely wyse men cādiscern what thynges are to be done Euen vnlerned men also may dyscerne of lawes to be made Howe this auctorite stultorum infinitus est munerus is to be taken and vnderstanded The makers of y e decretals had respecte all togyther to their owne synguser profyte Oligarchia is declared be fore in y e. viii chapytre The begynnīges of thynges are very harde to be founde out That mā is best which of hym selfe koweth what thynges are to be done The maner of inuentyng or fyndynge out lawes Whan lawes dothe bynde What qualyties he that shal be a price or gouernour ought to haue in hym The propre worke of a prynce or gouernoure Catifine with his complices were ponysshed of Cicero Place tyme ordre in execucyon may at some seasō vpon good polycye be altered The wysdome of Cicero Tullianum The descrypcyon of Prudence The prynce or gouernour ought to folowe y e lawe Prudence is necessary to a prynce A prynce ought to be iuste or ryght tuouse what Epicikeiais and of his nature There is req ●red in a price loue to warde the cōmune weale Howe many what maner men of armes ought to be aboute a prynce for what cause The propre subiecte of mās lawes without a prynce or gouernour a realme or cōmune weale cannot contynue A prynce ought to surmount all other in vertue prudence The coactiue powre of a prynce or gouernoure is lyke to y e heate or spyryte ī mā or beast Men of wysdome are to be appoynted of the prynce to be offycers and not hare brayned felowes men of smal cōscyēce lesse descrecyon A good law lytle kepte in some place It belongeth vnto prynces or gouernours to ordayne and appoynt what arte or scyēce eche one of y e yonge men ought to lerne for y e cōmune vtylyte He meaneth of suche offyces as y e prynce or kynge wyll haue in stytuted by acte of perlyament els all other officers degres it lyeth ī y t kyngꝭ absolute power to appoīte at all tymes Where soeuer he speaketh of such multytude he meneth when it is assembled in y e perlyamente remēbre this to auoyde captyousnes Let y e prynce restrayne the excessiue multytude of preestes and of poore folke Preestes and poore men Let a prynce or gouernour cōmaunde honest ryghtfull thynges both by his worke also by his wordꝭ The prynce or gouernour helpeth the other partes of the cyuyle cōmunyte The prynce or gouernour ought neuer to cease from his offyce or dutie doynge Letthe lawes alwayes and contynually endure 1 2 Men lately made tyche so lykewyse that they be newe elected to be kynges or gouernoures at proude for the moste parte 4 5 Theodectus poete 6 It is necessarye but very harde to fynd electours to a good eleccyō 7 8 9 10 11 Let there be but one kyng or heed gouernoure Many men maye be heed gouernours beynge al as one in offyce Many prynces or heed gouernours are pernycyous to a cyuyle cōmunyte or realme Why a cytie or realme is called one It is called but one worlde because of one god A kyngdom is called one because of one kynge or hed gouernour The descrypcyon of a quiete a peaceable cytie we ought to pray for heed offycers that we may lyue in peace Iesu chryste The apostles of chryste The lawe of the gospell The sacramētes of y e churche The sacrament of the aulter The powre of the keyes The karact of holy order The primate shyp of y ● spyrytuall commeth of man Peter the bysshop of Anteoche The donacyon or gyfte of Cōstantyne 8 Clement y e. v
Chryste was not the gouernour of y e emperour of Rome Bonyface y ● maker of decretalles A good artycle of our fayth worthye for sucha bysshop The abuse of excōmunycacyon No man can make the people to byleue this abhomynable p̄sumpcyon pryde The bysshoppes of Rome with theyr desyrynge of domynyō hath ben y e causers of dyscorde warres Coactyue iurysdiccion apperteyneth to no spyrytual mynystre of the church as concernynge he is a spyrytual mynistre Howe to oppresse y e vsurped powre of the man of Rome They which dothe not resyste cuyl mē are iniuste ꝑsones Of the fyrste aduersarye agaynst the truthe The charytable desyre of marsilius Of y e seconde aduersary to truthe Custome to here lyes The thyrde aduersarye to truthe Enuye Enuye The ordre of procedynge in this dyccyon or parte The bysshop of Rome hath no iurysdiccyon ouer preestes Note this Churche Iudge Spyrytuall Temporall This worde church what it betokeneth The proper sygnyficaciō of this word churche All true chrysten people ben men of y e churche For whome chryste suffered his passyon The sponsesse of chryste Temporall Spyrytuall Paule went neuer to y e canon law and therfore he knewe not y e nature of this worde Spyrytuall The mynystres of the churche maye synne why the dectetalles were made Iudge Iudgement Aduocate The first auctorite of scripture which semeth to make for the popes powre Wherof y e pope hath taken to hymselfe auctoryte to reygne rule The seconde auctoryte The thyrde auctoryte The fourth auctoryte The. v. auctoryte The. vi auctoryte The. vii auctoryte The. viii auctoryte The fyrst naturall reason The seconde The thyrde The. iiii The. v. The. vi That y e pope is not aiudge nor gouernour seculare what maner powre y e pope hathe That chryste cam not to be a lord or ruler Chryste dyd exclude hym selfe and the apostles from worldly kīgdome or gouernaunce Iohn̄ xviii The kyngdō of chryste Chryste dyd speake of spyrytuall kyngdome or gouernaunce Chryste fled eschewed y e dygnyte of a kynge The kyngdome of heuens Chryst wold not be iudge or vmpyre Note this Iherome Orygen Ambrose Bernarde Of payenge trybute Augustyne Bernarde Orygen Let men of y e churche loue not playe y e lordes Chrysostome Ecclesiastical ꝑsons ought to be seruauntꝭ not to be lordꝭ rulers Iherome Orygen Basilius magnus Bernard Ambrose This texte is but euē nakedly alleged of y e authour Ambrose Augustyne Gregorius Bernardus Bernardus Bernardus Bernarde rayleth agaynst y e spyrytualte Euyll rulers are to be obeyed as reuerētly as good rulers The soule is put for y e mā Bernardus Bernardus Of this worde power Marke this well I counceyll you That we are bounde to do as the Decretals cōmaundeth The power is profytable whether it be good or euyll That all mē oughte to be subiect to prīces and gouernours Ambrosius Bablynge lyeng Decretals the decretals prestꝭ ar to be obeyed in those thingꝭ whiche are accordynge to the gospell Ambrosius Chrisostomꝰ There is not your auctoryte gyuen preestes to be iudges Augustinus To absolue the subiecte from the bonde and othe of his allegeaūce is manyfest heresye That saynte Paule was subiecte to Cesar That preestꝭ be subiectꝭ to seculer pryncꝭ or gouernours The offyce of preestes Penaunce Iherome Hierome Augustyne The power of the keyes Penaunce what god worketh before cōfessyon in a synner That god only forgyueth synnes Ambrose Augustyne It is sooner sayde than proued Then he wrytheth them Howe preestꝭ haue powre to bynde and lose Ierome Marke this well This geare muste be iudged by higher iudges whether there be a purgatory after this lyfe o● no. To whome penytencyall satysfaccyon is to be moyued The pope for gyueth nomore the synne than any other preeste then yf the preeste do his dutie as he is bounde who gothe to purgatorie and thē wherfore shuld we beleue that there is one This man rayleth Chrysostome Ierome God regardeth y e lyfe of men not the iudgement of the preestes when excommunycacyon ought to be done Note this The forme maner of doyng excōmunycacyon what y ● apostles vnderstode or meaned by this wrode church Augustinus Augustinus Excōmunycacyon is not cōmytted onely to preestes The character of holy ordre This is but a sely sorye glose A corollary● What thyngꝭ god alone worketh in man what thyngꝭ are done by y e preeste we be not agreed as yet of any purgatorye aft this lyfe The keye of dyscrecyon Ambrose The symylytude betwene y e preeste and y e iudges saruan̄t oriayler The worde of god bideth and loseth Marke this my maystres The preeste sheweth and declareth the synner to be absolued but dothe not assoyle y e sinner and then farewell the fetchynge of mēnes soulꝭ out of purgatory Nota. Iacob iiii The physicyon of y e soule is lyke to the phisycion of the body The preeste hath auctorytie to tech but not to cōpelle this forget not for the pope leseth here his sharp swerdes and his gōnes his moryspykes his hauldebardes The dyuysyon dyfference of manner actes Sodayne konwledges affeccyons Knowleges affeccyons appetytꝭ abdyng and permanent Dedes procedynge of delyberacion ben called the preceptes of the mynde He meneth y ● man hath fre wyll in actes delyberate yf he be iudged with the spyryte of god A dystynccyon of actꝭ cōmaunded or done with good aduysement Inward actꝭ outward actꝭ A dystynccyon of outward actes Profytable Unprofytable harmefull Artꝭ and scyences A dystīccyon of coactiue rules lawes Mānes lawe Goddes law Secte is here well taken The lawe of Chryste Cause motyue is y e kyng which is heed of the churche correctoure in this lyfe of all crymes enormyties y t issue forth What a kyng is Yea euen a bysshoppe Bysshoppes are subiectes as well as bochers The trāsgressoure is the stuffe matter the kynge is the cause effectyue apte to worke vpon the stuffe To be a preeste is but an accedētall thynge The preeste hode taketh not awaye y e man nor chāgeth hym in to an aungell Preestes oughte to be punysshed by the secular iudge and yet Thomas of Caūturbery wolde not haue it so The obiectyon of the sprytualtie is answered vnto The Pope of Rome is not exempte frō the iurysdyccyon offeculare prynces It maye be graunted to preestꝭ to haue wyues Fratres gaudētes Begini Relygyous men receyue men that be not lerned in to theyr orders Lawyers There is but one lawe maker Chryste A iudge here is taken but for a preacher This iudge hath no coactyue powre The clargy many a yere hath done all by cōpulsyon as with swerde and fyre Ambrose Fayth is voluntarye Yf men seme to be punysshed for breakynge of goddes lawe in this world as for cōmittīge aduoutry for nycaciō theft heresy and so forth it is because the malyce of theyr hertꝭ breketh forth and disq ●eteth theyr neyghbours therby offēdeth y e kyngꝭ lawe not
prohybyted by the lawe of man suche thynge to be done And the thyrde is whether the persone accused hathe cōmytted that offence whiche is layde to his charge Than after inquysycyon made of these thyngs foloweth iudgement or sentence of cōdempnacyon agaynst the persone accused or els of absolucion delyueraunce as for example Let any man be accused for an heretyke or els for a coūterfayter of golden vessells or of any other metall After that this persone so accused be delyuered or dāpned by coactiue sentēce of y ● iudge it ought fyrst to be inquyred whether the worde or the dede layde to his charge be heretycall or elles not Secōdaryly it ought to be serched out whether to saye any thynge in such wyse be forbydden by the lawe of man Thyrdly whether such cryme or offence hath ben cōmytted by hym whiche is accused therof Than laste of all after these inquysycyons duely made foloweth iudgement coactyue eyther of absolucyon or els of cōdempnacion As concernynge the fyrst of these iii. thyngꝭ the gouernour or iudge ought to be certyfyed by them whiche are lerned skylled in eche maner of scyence to whome it belongeth to cōsydre the quidditie or nature of y t sayenge or dede whiche is layde to the charge of the persone accused for such persons ar iudges of suche thyngꝭ in the fyrst sygnyfycacion as we haue sayd in the secōde chapytre of this dyccion they are bounde to knowe y ● nature of suche thyngꝭ to whome the auctorytie is gyuen by the prynce or gouernour to teache or to practyse to worke such thyngꝭ in the cytie or cōmunytie which auctorytie gyuen by the gouernour we are wonte to call in the lyberall scyences a lycence it is after lyke maner in all other artes practyue or mechanicall as it hathe ben shewed declared in the. xv chapytre of the fyrst dyccion For a physycyon ought to knowe those that be full of leprye concernynge the body those y t be not So also the preeste ought to discerne knowe which sayeng or doctryne is hereticall which catholyke So also y ● goldfyner or goldsmyth ought to dyscerne know one metal from an other so the lawyer ought to iudge betwene thyngꝭ borowed or layde to kepe and other lyke cyuyle actes For the prynce or gouernoure in that he is gouernour is not boūde to know such thyngꝭ Albeit after yf the lawe be perfyte he ought to be sertyfyed of the nature of wordꝭ or sayenges of workes and dedes by the teachers workers practysers of scyences artes Than to the questyon purposed moued in the begynnynge of this chapytre I do saye that any maner teacher of the dyuyne scryptures whiche is or ought to be euery preest may ought to iudge by iudgemēt of the fyrst sygnyfycacion whether y e cryme wherof any persone is accused by heresye or not Wherfore it is sayde in the secōde of Malachie the prophete The lyppes of the preeste kepe knowledge men shall requyrethe lawe that is to wyt the lawe of god of his mouthe for suche maner men ought the successours of the apostles preests or bysshops for to be to whome it was sayde of chryste in the. xxviii chapytre of Mathewe Do you therfore and teache you all nacyōs c. teachynge them to kepe al thyngꝭ whatsoeuer I haue gyuen to you in cōmaundement So also it is wryten in the. iii. chapytre of the fyrst epystle to Timothe amonge other thynges he ought to be apte to teache vnderstāde thou the lawe of god So also in the fyrst chapytre to Titus he saythe a bysshop ought to embrace cleue fast to that faythfull true speche whiche is accordynge to doctryne that he maye be able to exhorte in holy doctryne to conuynce reproue them whiche gaynsaye it For there ben many deceyuers which are to be reproued conuynced But the seconde thynge that is to wyt whether suche trespasse be prohybyted by the lawe or not the prynce ought to know And the thyrde thynge whiche he ought to knowe is whether he to whose charge that cryme is layde haue sayde or exercysed the cryme of speakynge or doynge heretically And this iudgement may be iudged by the exteryoure or interyo ● sences or wyttes aswell of vnlerned as of learned men whome we cal wytnesses or recordes Than after these thyngꝭ done iudgement or sentence is to be gyuen by y ● gouernour outher of cōdēpnacion or els of absolucyon or delyueraūce from payneor punysshemēt eyther exaccion or relaxacion to be made of the same punysshement vnto hym whiche was accused of such trespasse For no man is punysshed of the gouernour for that that he doth offende or trespasse onely agaynst y e lawe of god For there ar many deedly synnes agaynst the lawe of god as the synne of Fornycacyon whiche the humayne powre doth sometyme wyttynglye ꝑmyt as in that case where no lawe is ordayned for such enormyties neyther any bysshop or preeste dothe prohybyte neyther maye or ought to prohybyte by coactyue powre But the heretyke which trespasseth agaynst y e lawe of god yf such synne be also prohybyted by the lawe of man is punysshed in that he dothe offende and trespasse agaynst the lawe of man for this is the precyse and the very pryncypall cause wherfore any man is punysshed by payne or punysshement of this present worlde And where the cause is present there the effecte of that cause muste nedes folowe and where the cause is absent there y e effecte must nedely be away Lykewyse on the contrary syde he that trespasseth agaynst the lawe of man by any offence shall be punysshed in an other world but yet not for that that he doth offende agaynst the lawe of man onely For there are many thyngꝭ prohybyted by the lawe of man which ar permytted by the lawe of god as yf a man do not pay home that he hath borowed at the tyme set appoynted eyther throught lacke of habylytie or by y ● reason of any fortune or chaunce or of forgetfulnes or of syckenesse or throughe any other impedyment or lettynge he shall not be punysshed for this in an other world by the coactyue iudge accordynge to the lawe of god and yet that notwithstandynge he is ryghtuouslye punysshed in this worlde by the coactyue iudge accordynge to y e lawe of man And therfore to trespasse or offēde agaynst the lawe of god is the very pryncypall cause the necessary cause wherfore one shall be punysshed in an other worlde for where this cause is there necessaryly foloweth the effecte that is to wyt payne or punysshement for the state in the state of the worlde to come and where this cause fayleth there fayleth also the sayd effecte ¶ Therfore the iudgement of coartynge or exactynge of temporall payne or punysshement vpon heretykes scysmatykes or any other mysbeleuers who soeuer they be and
the powre therof belongeth onely to hym that is gouernour and not to any preeste or bysshop for that they offende or trespasse agaynst goddes lawe whiche compared vnto men in the state and for the state of this present lyfe is a lawe but not after y e last sygnyfycacion of this worde hauynge coactyue powre of any man in this worlde as it appereth by the chapytre last afore gone and by the. v. chapytre of this dyccyon but it is called a lawe after the thyrde sygnyfycacyon of this worde as it appereth in the. x. chapytre of the fyrst dyccyon Accordynge to whiche lawe preestꝭ euen in this worlde are iudges after the fyrste sygnyfycacion of this worde iudge or iudgement hauynge no coactyue powre as it hathe ben shewed in the. v. chapytre of this dyccyon in the chapytre laste afore gone by the auctoritie of the apostle of Ambrose Hilarie and Crisostome for yf they were coactyue iudges or gouernours ouer heretykes because such do trespas agaynst the dyscyplyne wherof they be teachers and workers teachynge many thynges to other men accordynge to the same dysciplyne than by the same reason the goldfyner or the goldsmyth shulde be coactyue iudge gouernour ouer hym that is a false counterfaytour of golden cuppes whiche is agaynst reason greatly By the same reason also the physycion myght punysshe them that worke not aryght accordynge to the arte and scyence of physyke And than shuld there be as many gouernours coactiue as there ben offyces or occupaciōs in a cytie agaynst the whiche it myght chaunce any man to trespasse or offende whiche thynge we haue shewed to be impossyble superfluous in the xvii chapytre of the fyrst dyccyon for those that trespas or offende agaynst the offycꝭ occupacyons craftꝭ in the cytie shulde not be coarted or punysshed vnlesse there be somwhat elles cōmynge betwene as for example the precepte of the humayne lawe made by the auctorytie of the prynce For yf such maner offences were not prohybyted by the lawe of man they that do cōmytte such offences ought not in any wyse to be punysshed This y t we haue sayd may be proued declared by a famylyare exāple for I put the case that it were forbydden by the lawe of man that persons infecte with leprye shulded well or abyde amonge other cytezens myght the physycion or leche which alone can iudge theyr syckenesse accordyng to his facultie scyēce that is to wytte whether they be full of leprye or not by coactyue powre of his owne auctorytie because he is a doctour of physyke dryue them whome he shall iudge by iudgemēt of the fyrst sygnyfycacion to be full of leprye from the felowshyp cōpany of other men c. It is euydent vndoubted that he myght not do so But to do this thynge belongeth onely to hym to whome the costume of the humayne lawe coactyue is cōmytted that is to wyt to y e gouernour for it is not lawfull for the people or for any cōpany pryuatefy to iudge or to coarte or punysshe any man but onely to the cheyfe gouernour whiche gouernour for al this cōcernynge the crymes or trespasses offences wherof any man is accused and cōcernyyge the nature of the same accordynge to the determynacion of the lawe yf it speake of this thynge which doubtelesse it shal do yf it be a perfyte lawe or els by his owne wysdome yf it be not spoken but lefte out in the lawe ought to vse to gyue credence to the iudgement of the lerned men suche as be well skylled in the artes or scyences whiche treate of the nature of suche workes dedes or wordes as to the iudgement of a physycyon concernynge the persons whiche be full of leprye or which be not so to the iudgemēt of a dyuyne of synners which are fygured or sygnyfyed by leprouse persons in the holy scrypture after the exposycion of sayntꝭ Lykewyse also he ought to beleue y e iudgemēt of the goldsmyth cōcernynge the deceytfull counterfaytynge of golden cuppes or of other metallꝭ semblably to any other maner lerned or cōnynge man after the other kyndes of thyngꝭ that maye be done or wrought So than the physycyon of soules y t is to wyt the preest ought to iudge of heretykes or infydels by iudgement of the fyrste sygnyfycation that is to wyt in pronoūcynge declarynge by the worde of god whiche sayenge or whiche dede is heretycall whiche not But to iudge of suche persones by iudgement of the thyrde sygnyfycacion that is by dāpnynge or absoluynge them from temporall payne or punysshement or to cōpell them whiche shall be dampned suffre such payne or punysshement to applye the paynes exacted for these crymes yf there be reall as well as other paynes which are exacted requyred for other crymes offences accordynge to the determynacyon of the lawe of man All these thynges I say belonge onely to the prynce gouernour or his deputie And to these thynges whiche we haue sayde the scrypture beareth wytnesse in the. xxv chapytre of the actes of the apostles For whan the apostle was accused of the Iewes for an heretyke thoughe falsely wrongfully the inquysycyon deduccion applycacion determynacyon of this cause was made a fore a iudge to a iudge by a iudge therunto ordayned apoynted by the auctorytie of the gouernour Lykewyse as to other cōtenciōs or cyuyle actes or dedes And it is no mastery to assoyle the reasons or obieccyons made cōtrary to these determynacyons for whan it was sayde that the iudgement of the heretyke belongeth vnto hym as iudge to whome it belōgeth to knowe the cryme of heresy here is a dystynccyon to be made because of the equyuocacyon or manyfolde sygnyfycacion of this worde iudge or iudgement after one sygnyfycation of these wordꝭ that is to wyt the fyrst y e ꝓposycion aforesayd is true after an other sygnyfication of this word iudgemēt y t is to wyt y ● thyrd y e sayd ꝓposycion is false And therfore nothynge can be cōcluded agaynst our determynacion of this proposycyon afore alledged And to the other obieccyon which foloweth that to hym belongeth the iudgement of the trespasser the exaccion of the payne the applycacion of y ● same yf he be reall agaynst whome whose lawe the trespasser doth offende And than whan it is sayde afterwardes y t the heretyke trespasseth offendeth agaynst the lawe of god it is to be graunted therfore he shal be iudged by hym that is iudge of the thyrde sygnyfycacion accordynge to that lawe that is to wyt by chryst in an other worlde but not in this excepte it be by mannes lawe But neyther preeste neyther any bysshop is suche a maner iudge of the lawe of god but onely a iudge in the fyrst sygnyfycacion for that he is a teacher therof namely yf this lawe be cōpared to men in the state and for the state of
vpon this place makynge no dyfference as there is none in dede betwene the temporall or cyuyle contencyons of preestes amonge them selues one with an other and generallye of clarkes or which are betwene preestꝭ and laye men and betwene them whiche are amonge laye men selues one with an other For lette the sophyster or mysuser of wordes I beseche hym whiche calleth that spyrytuall whiche is vtterlye seculer after the mynde and callynge of the apostle and of sayntes let hym I saye tell me whether a preeste doynge iniurye to his brother beynge outher preeste or not preeste in worde or dede dothe a spyrytuall iniurye more than dothe a laye man yf he do lyke iniurye For to say so it is a folysshe and a scornefull sayenge and to byleue it is vttermoste madnes For without doubte the iniurye whiche is done by a preeste is more seculer and more detestable iniurye than that whiche is done by a laye man For he synneth or trespasseth the more greuouslye and more shamefully whiche is bounden to teache an other man bothe by his wordes and also by the example of his workes not to do iniurye as it hathe ben seryouslye shewed in the. viii chapytre of this dyccyon And that suche actes of clarkes are seculer and not spyrytuall and that they oughte so to be called saynt Augustyne wytnesseth openly in the afore sayd glose whan he calleth the contencyouse causes of preestes and of clarkes whiche were pleaded afore hym whiche was a bysshoppe troublouse perplexites of causes aboute seculer busynesses makynge no dyfference of these causes or cōtencyons notwithstandynge the condycyon or estate of the persones for this dyfference of a preeste and of hym that is no preeste as touchynge to this thynge is but accydenttall lykewyse as the dyfference of a hoope or rynge beynge of golde and of a rynge beynge of syluer whiche dyfference no craftes man or cunnynge man dothe assygne because it maketh or causeth none essencyall dystynccion in the effecte or thynge wrought It appereth also secondarylye that the iudgement or to be iudge of suche maner actes belongeth not to preestes And that to instytute suche maner iudge doth nomore but peraduenture lesse appertayne to the auctoryte of them than of other chrysten men as it hathe ben shewed in the xv of the fyrste dyccion And therfore the apostle sayde not to any bysshoppe or preeste Constitue y t is to saye ordayne or appoynte thou For where any thynge was to be done whiche appertayned to the offyce of a bysshop or preeste he gaue charge syngulerlye to hym that he shulde do it as to preche the gospell or to exercyse other offyces whiche are properlye belongynge to a preeste or pastor wherfore in the fyrste chapytre to Tite he saythe For this cause I haue lefte the in Cretelande that thou shuldest correcte or amende those thynges which are wantynge that is to wyt as touchynge the holsome doctryne and maners and that thou shuldest cōstytute and ordayne preestes throughout all Crete in euery cytie so as I haue dysposed ordred to be done but yet he sayde not to hym appoynte thou or ordayne thou a iudge to examyne seculer busynesses or maters Neyther whan he wrote to the Coryntheans dyd he saye the bysshop or preeste shall constytute or appoynte to you iudges but gaue them councell or tolde them what was best to be done wherfore the glose vpon those wordes I do speake it to your shame sayth thus as who shulde say I do not cōmaunde you but I do tell you that you shulde be ashamed For the apostle knewe very well that to instytute suche maner iudges dyd not appertayne to his offyce by so moch the lesse than to any other preeste or bysshop Neyther moreouer dyd he councell that any preest or bysshop shulde betaken or chosen to the exercysynge of suche maner offyce but rather the contrarye For no man as he saythe that warreth to god entangleth or wrappeth hym selfe in seculer or worldlye busynesses But he councelled that iudges shulde be apoynted and ordayned out of that sorte whiche were contemptyble in the churche that is to saye out of the nombre of chrysten men and suche persons as were not able nor mete to preche howbeit not all but after the exposycyon of sayntes the apostle wylled or counsayled that they shulde examyne iudge erthlye or worldly causes whiche had goten knowledge of outwarde thynges but they whiche are enryched with spyrytuall geftes ought not to be entangled or wrapped in seculer busynesses whiche thynge saynt Bernarde sayd openlye and playnlye to Eugenius in the fyrste boke and the. v. chapytre De consideratione and we haue broughte in his wordes in the chapytre īmedyatlye aforegone But peraduenture some man shall obiecte and laye agaynst vs the sayenge of saynt Augustyne in the gloses afore rehersed For saynt Augustyne speakynge of the iudgement of seculer contencious actes saythe thus from whiche we can not excuse our selfe althoughe we wolde whose sentence also Gregorie cōfyrmynge in the same place saythe thus moreouer But yet it is greatlye to be prouyded sene vnto y t they which are excellent in spyrytual gyftes c. But let the bysshoppes outher cōmytte these iudgementes of seculer actes to be taken in hande of them whiche are persons cōuenyent and mete therunto or elles let them selues exercyse the sayde iudgementes So by these wordes than it semeth that to iudge suche maters and to ordayne or appoynte iudges of suche maters dothe appertayne to bysshoppes or preestes in that they are bysshoppes or preestes seynge that after the sentence and mynde of sayntes the bysshoppes and preestes maye not be excused from suche iudgementes And that they muste greatly prouyde c. But to those obieccyons and to other lyke sayenges of sayntes and doctours let vs answere and saye that in the olde tyme and in the tymes of the aforesayde sayntes for the reuerence of the estate of preesthode and for the confydence of the maners and vertue of preestes at that tyme for other causes wherof we haue spoken in the. v. parte of the. xxv of this dyccyon it was graunted by the chrysten prynces to bysshoppes and to the pryncypall pastores and curates of soules to exercyse the offyce of a iudge in the thyrde sygnyfycacion ouer or vpon the persones of clarkes and theyr temporalles to the intent that they shuld be the lesse vexed or troubled from the dyuyne seruyce and that they shulde be the more honestlye entreated in seculer causes And because certayne of the sayntes a foresayd were made bysshoppes in the prouynces or places whose prynces or inhabytaūtes had gyuen the iudycyall offyce to the bysshoppes excepte they wolde haue renounced and refused or forsake the bysshopryche they coulde not haue ben excused from suche maner care of the seculer causes or maters betwene clarkes But here agayne some man shall doubte not without a cause and aske a questy on why holy men as saynt
Syluester and many other haue taken vnto them selues seculer iudgementes and powres and the possessyon and admynystracyon of temporall thynges yf suche maner thynges be not agreynge neyther hathe ben agreynge or conuenyent to the offyce of preestes bysshoppes and other prechers of the gospell I suppose it is to be answered and sayd accordynge to the verytes afore brought in namely in the. xvii and the. xxv of this dyccyon that the churche or multytude of chrysten people beynge very lytle or small aboute the begynnynge so consequently also alonge season after suffred oftentymes of the heathen prynces subicctes verye many persecucyons euen vnto martyrdome and deathe and lyued in great pouertye wherfore the holye bysshoppes and true pastores or herdysmen for the saluacyon augmentacyon conseruacyon and sustentacyon of the flocke obtayned and gate of the deuoute chrysten emperoures beynge fauourable vnto them graces and fauoures grauntes or pryuylegyes or elles receyued them whan they were offred to the intente that they myght do good to the chrysten people and defend and comforte them So than the holy bysshoppes for these sayd causes cheyfly toke vnto them the iudgementes of seculeractes and contencyons namely betwene clarkes So also they toke the admynystracyon and charge or orderynge of certayne temporall thynges without possessyon or domynyon or auctoryte of chalengynge them that this myght turne or redounde to the profyte and succoure of the pore chrysten people Wherfore saynte Ambrose De tradendis basilicis in y e place heretofore alledged sayth in this wyse yf the emperour do desyre the landes he hath powre and auctoryte to chalenge them none of vs dothe lette hym for the collacyon of the people maye be suffycyent and habundaūt to the poore folke None of the preests than or of the bysshops dyd stryue or entreate for the landes For they folowynge chryste and the apostles renounced the domynyon of them but they stroue constantlye and boldly for the faythe euen vnto the deathe notwithstandynge that our bysshoppes nowe a dayes and namely the popes of Rome do fyghte stronglye and manfullye for landes and seculer domynyons And for the same do on euery syde rayse vp warres betwene chrystes faythfull people sayenge that in this they do defende the ryght of chrystes spousesse Albeit that in very dede they are not the ryghtes but the wronges of the sayde spousesse And in a maner they do nothynge at all regarde to defende the very true spousesse of chryste that is to wytte the faythe the doctryne and maners of chrysten people that she be not corrupted by croked and lewde vses or actes or by the cruell vyolence of infydels For these causes therfore in the olde tyme some of the sayntes receyued suche maner offyces and benefyces whiche the bysshops and preestes nowe a dayes myght conuenyently renounce at the leste wyse in the cōmunytes of chrysten people the clargye beynge suffycyently defended from oppressyons yea the clargye can scarslye be repressed from offendynge and hurtynge other men But to renounce suche maner seculer offyces and the possessyon and domynyon of temporall thynges is not the purpose of our prelates and pastores nowe a dayes but theyr purpose is to fyghte also with armed powre not onely for the conseruacyon and mayntenaunce of suche maner thynges whiche they haue all redy but also to vsurpe the resydew of suche maner thyngꝭ whiche they haue not as yet as euery man be he neuer so vnlearned may lerne by his sences yf by none other thynge very greatly slaunderynge and offendynge the hole multytude of chrysten people by this example of ambycyon not regardynge the cōmynacyon of chryste in the. xviii of Mathew whan he sayde who so euer shall offende or gyue occasyon of euyll to one of these lytell ones c. Where the glose saythe thus after the mynde of saynt Iherome Albeit that it maye be a generall sentence agaynst all men whiche do gyue occasyon of euyll to any man yet after the processe of the texte it maye seme also to haue ben sayde agaynst the apostles whiche in that they asked who shulde be greattest semed to contende and stryue amonge them selues aboute dygnyte And yf they shulde haue contynued in this vyce they myght by theyr occasyon and example gyuen haue hurte theym whom they called to the fayth whyles they shuld se the apostles stryue and fyght amonge them selues aboute honoure And that whiche Iherome saythe of the apostles is to be vnderstanded also of all the successoures of theym bysshops or preestes whiche for all this yf they wyll not of theyr owne good wylles renounce and forsake suche maner iudycyall offyces and the auctoryte of dystrybutynge temporall thynges but do mysuse them the chrysten prynces maye lawfullye bothe acordynge to the lawe of god and also of man yea and ought in dede to reuoke the sayde offyces and temporalles from theym as it hath ben shewed and proued in the. xv of the fyrste dyccyon and in the. xvii of this dyccyon And as to wchyng to that whiche was obiected of the apostle in the ix of the fyrste to the Corynthyanes in the thyrde of y e seconde to the Thessalonianes haue not we power c. it hath ben dissolued answered vnto in y e. xiiii of this dyccyon For suche power as it was sayde there is not power of iurysdyecyon but power of askynge lawfullye accordynge to the lawe of god howe be it yet not in coactyue iudgemente meate drynke and clothynge due to hym selfe for the mynystryng of the gospell of such as are able to gyue such thynges And to that obieccyon whiche was taken of the. v. chapytre of the fyrste to Timothe whan the apostle sayde Agaynste a preeste or senyour receyue thou none accusacyon c. It is to be answered and sayde that the apostle vnderstode and meaned here yf a preeste ought to be openly rebuked of his superyour pastor or doctoure For the apostle dyd not bydde any bysshop or preest to exercyse coactyue iurysdyecyon apon any man because he knew this thyng not to appertayne to his auctoryte nor to the auctoryte of any successoure vnto hym And the apostle sygnyfied here that the correpcyon whiche belongeth to a prelate or pastor is onely by wordes as it appereth by the wordes that foloweth Rebuke synners afore all men that the other may haue feare And he sayd not take them or enpryson them But he taughte that suche whiche were incorryble and wolde not be amended with wordes shulde be eschewed and the companye of them auoyded Wherefore in the thyrde to Tyte he sayth Eschewe or auoyde his company that is an heretyke after the fyrste and seconde correpcion for because he is condempned by the iudgement of his owne selfe ¶ Of the solucyon of the reasons or argumentes brought in in the same thyrde chapytre also for the same purpose and of the translacyon of the romayne empyre of any other empyre or domynyon as moch as may be and