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
vnder y e coÌ„miÌ„cacion of eternal payne to euylldoers and of eternall rewarde to well doers wherfore they sayde of dyuersemen whiche had ben vertuouse whyles they lyued in this worlde that they were placed or set in the fyrmament of heuen And hereof peraduenture came the names to certayne of the sterres and constellacyons or fygures celestyall And of those that wrought vngracyously whyles they lyued in this worlde they sayd of some that theyr soules entred in to dyuers bodyes of brute bestes as that in to the bodyes of hogges entred the soules of them whiche had ben glotons and inteÌ„perante in thynges apperteynynge to tastynge as meates drynkes and suche other thynges And that in to the bodyes of gotes entred the soules of them which had ben lecherouse and intemperant in thynges apperteynynge touchynge and flesshely luste and so semblable the soules of other men in to the bodyes of other beastes accordynge to the proporcyon and lykenes of meÌ„nes vyces vnto the daÌ„nable and vyle properties of the brute beastes After the same maner also they assygned dyuerse kyndes of tormentes ordeyned for the wycked or euyll workes of men as for example to intemperant Tantalus perpetuallhongre and thyrst hauynge water and frute present and nere vnto hym wherof he maye neyther eate ne drynke because euer as he maketh any profre towardes them they do flebacke from hym farther than that he maye reche to them They sayd also that there is a certayne place of suche tormentes both depe and full of darkenes whiche they called Tartara in englysshe it maye be called helle descrybynge suche maner tormentes after the moste terryble and hatefull fascyons that they coulde Imagyne by reason of the feare of whiche tormentes men eschewed to do euyll and vycyouse workes and were excyted to doo vertuouse workes of charytie mercy or pytie and were also well disposed and ordred them selfes and other men And by the reason of thyse thynges many contencions and iniuryes were ceased in the coÌ„munyties by reason wherof bothe peace and the tranquyllytie of cyties and the suffycyent lyfe of men for the state of this present worlde was withlesse dyffycultie and the more easely kepte whiche was the thynge fynallye intented of those wyse men by the makynge of suche maner lawes or sectes The offyce therfore of the hethen preestes amonge the gentyles was the gyuynge teachynge of suche maner preceptes for the teachynge wherof they ordeyned in theyr coÌ„munyties temples in whiche theyr goddes were worshypped and dyd appoynte therto teachers of the sayde lawes or tradycyons whom they called Sacerdotes preestes because they medled and had the ordrynge of the holy thynges apperteynynge to the temples as of the bokes of the vesselles of suche other thyngs whiche serued to the honourynge and worshyppynge of goddes Thyse thynges verely they ordred semyngly and syttyngly accordynge to theyr faythe custome and vsage for they dyd not instytute and admytte all maner of men to be preestes but onely they instytuted certayne vertuouse and approued Cytyzens to be preestes whiche had ben of the offyce of Chyualrye or of the offyce of Iuges Cytyzeyns I saye whiche had forsaken or gyuen ouer secularie or wordely busynes and whiche were no we excused from cyuyle offyces and workes because of theyr great age For of suche maner men than beynge separate and free from passions and to whose sayenges the more credence was gyuen because of theyr age the grauyte of theyr maners It was semely accordyng that the goddes shuld be honoured or worshypped the holy thynges of them to be handeled and ordred and not of handy craftê men hyred labourers or other whiche had exercysed vyle and fylthye offyces wherfore Arystotle in the. vii boke and the. ix chapytre of the Polytykes saythe thyse wordes folowynge For neyther an husbande man neyther an artyfycer or handye craftes man is to be made or ordeyned a preeste But for as moche as the gentyles with all other lawes and sectes of men whiche are no we or haue ben in tymes paste besydes the catholyke Chrysten faythe or besydes the belyfe of the holye fathers whiche was afore the chrysten faythe and to speake generallye for as moche as all that are or hathe ben without or besyde the tradycion of those thynges whiche are conteyned in the holy Canon called the Byble had not the ryght opynyon of god whiche ought to be had of hym in that they folowed the wytte of man or false prophetes maysters and teachers of errours and therfore also neyther theyr opynyon was right of the lyfe to come neyther of the felylytie or myserye of the same neyther of the true veray preesthode instytuted and ordeyned therfore yet neuerthelesse we haue spoken of theyr vsages and ceremonyes to the entent that the difference of theyr preesthode from the true preesthode that is to wytte from the preesthode amonge Chrysten men and to the entent also that the necessytie of the parte or offyce of preestes to be had in coÌ„munyties maye the more euydently appere ¶ Of the fynall cause of a certayne parte of a cytie or cyuyle coÌ„munytie that is to wytte the offyce of preestes whiche cause maye be proued by the tradycyon or imdyate relacyon and scrypture of god but it is impossyble to be proued by mannes reason ¶ The vi Chapytre HOwe it remayneth to speake of the fynall cause wherfore the veray and true offyce of preestes hathe ben instytude in the coÌ„munyties of chrysten men This fynall cause was to moderate and gouerne maÌ„nes actes and appetytes as well inwarde as outwarde by knowledge to the ende that they so moderated and temperated by knowledge mankynde is ordeyned to the best lyfe of the worlde to come And therfore we muste attende and consydre well that albeit the fyrste man Adam was created pryncypally for the glorye of god as other creatures were yet for all that he was created after an other synguler maner a specyall dyuers fascyon from all other kyndes of corruptyble and mortall creatures for he was created and made to the Image symytude of god to the ende that he shulde be apte to receyue be parte taker of eternall felycytie after y e state of this present world he was made also in the state of Innocencie or of orygynall Iustyce and also of grace as some sayntes do probablye saye and certayne also of the cheyfe doctoures or teachers of holy scrypture In which state veryly yf he hadde coÌ„tynued neyther he neyther any of his posterytie shuld haue neded the instytucyon or destynccion of cyuyle ê‘tes or offycê because y e nature shuld haue brought forth to hym all thyngê mete coÌ„uenyent pleasurefull to the suffyciencie of this lyfe in paradyse terestryall or in the gardyne of pleasure withoute any maner payne or werynes of hym But because he corrupted and destroyed his innocencie or orygynall Iustyce and grace by the eatynge of the forbydden frute
prohybyted by the lawe of man suche thynge to be done And the thyrde is whether the persone accused hathe coÌ„mytted that offence whiche is layde to his charge Than after inquysycyon made of these thyngs foloweth iudgement or sentence of coÌ„dempnacyon agaynst the persone accused or els of absolucion delyueraunce as for example Let any man be accused for an heretyke or els for a couÌ„terfayter of golden vessells or of any other metall After that this persone so accused be delyuered or daÌ„pned by coactiue senteÌ„ce of y â— iudge it ought fyrst to be inquyred whether the worde or the dede layde to his charge be heretycall or elles not SecoÌ„daryly 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 coÌ„mytted by hym whiche is accused therof Than laste of all after these inquysycyons duely made foloweth iudgement coactyue eyther of absolucyon or els of coÌ„dempnacion As concernynge the fyrst of these iii. thyngê the gouernour or iudge ought to be certyfyed by them whiche are lerned skylled in eche maner of scyence to whome it belongeth to coÌ„sydre 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 thyngê in the fyrst sygnyfycacion as we haue sayd in the secoÌ„de chapytre of this dyccion they are bounde to knowe y â— nature of suche thyngê to whome the auctorytie is gyuen by the prynce or gouernour to teache or to practyse to worke such thyngê in the cytie or coÌ„munytie 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 â— goldfyner or goldsmyth ought to dyscerne know one metal from an other so the lawyer ought to iudge betwene thyngê borowed or layde to kepe and other lyke cyuyle actes For the prynce or gouernoure in that he is gouernour is not bouÌ„de to know such thyngê Albeit after yf the lawe be perfyte he ought to be sertyfyed of the nature of wordê 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 iudgemeÌ„t of the fyrst sygnyfycacion whether y e cryme wherof any persone is accused by heresye or not Wherfore it is sayde in the secoÌ„de 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 nacyoÌ„s c. teachynge them to kepe al thyngê whatsoeuer I haue gyuen to you in coÌ„maundement 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 vnderstaÌ„de 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 â— sences or wyttes aswell of vnlerned as of learned men whome we cal wytnesses or recordes Than after these thyngê done iudgement or sentence is to be gyuen by y â— gouernour outher of coÌ„deÌ„pnacion or els of absolucyon or delyuerauÌ„ce from payneor punysshemeÌ„t 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 ê‘myt 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 thyngê 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 â— 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 offeÌ„de 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
degrees or estates because it hath not ben so dylygently regarded and seen vnto as was mete and accordynge that it shuld haue ben and whyles the one sorte to boldlye agaynst ryght and lawe dothe hurte the other howe great hurtes and troublouse stormes it hathe alwayes styrred and raysed vp not onely in temporall maters but also in sprytualte maters bothe the tymes of our elders and forefathers partely but specyally and cheyfly these presente tymes vexed with so many incoÌ„modytes and myscheuouse euylles and troubles by reason hereof doth euydently declare and proue Agaynst whiche euylles wolde god that some conuenyent helpe remedy were founde afore it come to that passe that they be vtterlye paste remedye by those persones whiche worthelye both ought and also myght remedye them But I exorte and desyre the most good gentyll reader dylygentlye to tourne ouer and to laboure this worke called the defender of peace Thou shalte fynde in it the Image of these our tymes most perfytly and clerlye expressed and set out And also that euen afore these dayes euery one of the beste Emperours hath ben contynually sore vexed troubled with the same tyrannye of Romanystes wherwith nowe all good men be accombred greaued and noyed not without the cruell and deadelye iniurye of the coÌ„mune weale THis worke was wryten in the latyne tonge two hundred ten yeres nowe fully passed and nowe prynted in englysshe for none other entent and purpose I take god to wytnesse more then to helpe further and profyte the chrysten coÌ„men weale to the vttermost of my power namely and pryncypally in those busynesses and troubles wherby it is and before this tyme hath ben iniustly molested vrxed and troubled by the spyrytuall ecclesyastycall tyrauntê And that to the great hurte calamyte of the same coÌ„men weale that by many suche hystoryes of olde men sette before the iyes and syght of all men at the last the very trouth myght appere and shewe itselfe and that all darkenesse dyscussed and put awaye the same maye come to lyght Wherfore good indyfferent reader take thou that also in good worthe whiche we haue done certaynlye of a very good mynde and purpose ¶ Explicit Prynted by me Robert wyer for wyllyam marshall and fynysshed in the moneth of Iuly in the yere of our Lorde god a M LLLLL xxxv And in the. xxvii yere of the Reygne of our moste gracyous soueraygne lorde Henry the eyght by the grace of god of Englande and of Fraunce kynge defender of the fayth and lorde of Irelande and supreme hed vnder god of the churche of Englande With the priuilege of our moste gracious soueraygne Lorde for sixe yeres ROBERT WYER IhonÌ„ y e. xxii Benedicte the xii Clement the. vi The despysinge and settynge at nought of godes worde is the cause of all y e present euylles iÌ„ the worlde we be worthely punysshed for the despysynge of the lyghte of the gospell Men of the churche now a dayes at rather the folowers of the phariseys theÌ„ of y e apostles we do folyshly and madly to defeÌ„de our couetousnes by the examples of our holy Fathers They ar not of this world whom chryst hath elected The wykydnesse of some papystes To gyue christe buffet or blowe The bysshop of Rome I praye the good reader attende take hede howe goodly thyse thynges agre togyther ¶ Nota. Peter by the coÌ„mauÌ„demeÌ„t of y e Apostles went to Samaria That w t our gloses wel nere all dyuyne scrypture is clene taken away Our armour or weapons ar not carnal Names of dygnyte The iniuries and contumelyes done by the Popes of Rome to Lodowike of bauarye the emperour Cardynalles and Abbottê capytaynes iÌ„ warre An angell is not to be beleued spekynge agaynst the gospell Because chryste is kyng in heuen therfore the pope is Emperour or hedde ruler in erthe is not this a goodsy reason Two solucyons Men of the churche shuld be mynisters not lordes That neither the prophetts neyther the apostels dydde speake or teache to men any other thynge than the worde of god The churche had not so auctoryte to approue the gospelles that it had lye lykewyse in theyr power to dysalowe y e same Howe the sentence of them is to be vnder standed that saye that the churche hathe approued allowed the gospell Take hede marke this wycked blasphemye Petri. 5. Tranquyllyte is the mother of artes scyences Cassiodorus The suffycyencye of manneslyfe is the best fruyte y t coÌ„meth of peas In the byrth of chryste tydynges of peace was broughte by aungels vnto meÌ„ Chryst whysshed peas to his dyscyples The apostles wyssheth peas Peas was y â— inherytaunce of christs disciples Example of the kyngdom of Italye The hurtes or euels that growen of discorde The hurtes that coÌ„meth of stryfe or intollerable Chrysten meÌ„ are bouÌ„de to those thiÌ„ges which apperteyneth to peas Let no man for feare spare to speke y e truthe Chryst came in to y e world to beare wytnes vnto the truthe They that are wytty and full of know lage are bouÌ„d to defende the truth The prayse of Lodo wyke the emperour what the author wolwryte in the fyrst dyccyon The argument or matters of the secoÌ„de dyccyon The contentes of the thyrde dyccyon The fyrste sygnyfycacyon of regnum The seconde what cytie or coÌ„muitieis A symylytude What saynte or helth is What tranquyllyte is What intranquyllyte or discorde is What infirmite or syckenes Sure knowlege of a thyngeis had de whan the causes of it are knowen whiche was the fyrste coÌ„munytie What is a strete Adam punysshed not chain that slew his brother because of the pancite smalle noÌ„bre of men at that tyme. The same man a gouernour and an husbande maÌ„ or a keper of shepe A cytie is a perfite coÌ„munytie The ende of cyties or commune weales is a good lyfe or to lyuewel what al men desyre hauiÌ„ge theyr wittes The wordly lyfe and the heuenly lyfe what is the cause of maÌ„nes corrupcyon wherfore maÌ„nedeth artes or craftes why the honournnge of god is necessary to men Doctours or teaches ar necessary to cyties or cyuyle coÌ„munyties The begynnynge or cause of a cytie The syx partesor offyces of a cytie or ciuyle coÌ„munytie Husbandrye craftes men knyghthode marchauÌ„dyse preesthode lawyers A cytie or cyuyle coÌ„munytie was Instytute to the ende that meÌ„myghte lyue well in it wordly lyfe Vita is takeÌ„ for anima whan a man lyueth well Two maner of accyons passyons of men Actiones immanentes Actiones traÌ„seuntes why craftes were diuysed Husbandrye why arts mechanycall were fouÌ„de or deuysed that is to wyt suche craftes which are wrought both w t wyt and hande Consules et iudices why iuges rulers were iÌ„stytuted ordeyned Chyualrie or the crafte of Armes Bondage or thraldome is contrarie to a cytie or cyuyle coÌ„munytie The treasure of a cytie Preesthodeor the offyce of preestes The necessytie of preestes can not be coÌ„prehended by demonstacyoÌ„ The necessarye
fewnesse small nombre of men that were at that tyme. And also because it was lesse losse and heuynes to the good man of the howse to lacke one sone then to want two whiche thynge also our fyrste father Adam semed to do whan his fyrste begotten sone Chayn slew his brother A bell for there is not properlye cyuyle Iustyce of the father to the sone as it is wryten in the. v. boke of Etykes where treatyse is made of ryghwysnes But in y e fyrste coÌ„munytie called a strete neyther it was lawful neyther is lawfull to do so because of the dysagrement vnlykenes of the aforesayd thynges ye moreouer excepte vengeaunce or equalytie of the iniuryes done shuld haue ben or be made by y e most senyour or auncyent there myght haue happened or nowe myght happen by the reason therof fyghtynge and seperacyon of neyghbours But after that stretes we multyplyed and the coÌ„munytie made larger as it muste nedely be euer as men and women were multyplyed by propagacyon yet were they gouerned stylle of one man other through defaute lacke of many wyse men or elles for some other certayne cause as it is wryten in the thyrde boke of the Polytykes the. ix chaptre but yet of hym whiche was counted moste aged or best of all other howbeit by ordynacyons lesse vnperfyte than those by which they were ordeyned or gouerned in a strete And yet had not those fyrste coÌ„munyties so great a distynccyon or ordre of partes or so great a suÌ„me of necessarie craftes and of rules of the maner of lyuynge as was afterwardes successyuely founde one after an other in the perfyte coÌ„munyties For in the olde tyme otherwhyles the same man was a prynce or goueruour an husbande man or keper of shepe As Abraham and many other moo after hym whiche thynge for all that neyther is expedyent neyther myght well be in perfyte coÌ„munyties But after that in processe of tyme coÌ„munyties were augmented the experyence of men also was augmented Craftes occupacyons and more perfyte rules and maners of lyuynge were founde and deuysed and the partes of coÌ„munyties also were more largely distyncte departed and dysseuered one from an other and in conclusyon those thynges whiche are necessarye to lyfe and to a good lyfe by the reason and experyence of men were brought to perfeccyon and a perfyte coÌ„munytie was instytuted and begonne and called in the laten ciuitas in the Englysshe a cytie or a coÌ„mune weale with the dystynccyon of the partes of the same the determynacyon wherof we shall forthwith take in hande of the orygynall begynnynge of a cyuyle coÌ„munytie let thus moch as we haue spoken be suffycyent at this tyme. ¶ Of the fynall cause or ende of a cytie or cyuyle coÌ„munytie and of the distinccyon in generall of the partes therof ¶ The fourth Chapytre A Cytie after the mynde of Arystotle in the fyrst boke of his polytykes and the seconde chapytre is a perfyte coÌ„munytie hauynge in it selfe all thynges necessarye to the suffycyencie of lyfe and ordeyned not onely for men to lyue in but pryncypally to lyue well in In the which defynycion Arystotle sygnyfieth the perfyte fynall cause of a cytie For men lyuynge cyuyllie do not onely lyue which thyng beaftes also or bonde men doth but also they lyue wel that is to wyt gyuynge theyr mynde to lyberall and honeste workes as ben the workes of the vertues both of the practyue also of the speculatyue soule Now then after we haue thus determyned a cytie to be ordeyned for lyuynge and well lyuynge as for the fynall ende of it we muste nowe fyrste treate of lyuynge or lyfe and of the maners therof For it is the thynge as we haue sayde for whose cause a cytie was instytute or begon it is the necessytie of all thynges which are and be done by the coÌ„munytie of men in the sayd cytie let vs therfore grouÌ„de vpon this as vpon a pryncyple of all thynges here after to be proued beyng naturally had and beleued and wyllyngly graunted of all men that all men hauynge theyr wyttes and beynge not otherwyse impedyte or letted naturallye doth desyre a suffycyent lyfe And moreouer also doth refuse eschewe noysome or hurtfull thynges which thynge also is not onely euydent of men but also of al other kyndes of beastes or sensyble creatures accordynge to the mynde of Tully in his fyrst boke de officiis and the thyrde chapytre where he sayth thus Fyrst of all to euery kynde of sensyble creatures this propertye is gyuen of nature to saue and defende themselues theyr owne body lyfe to eschewe those thyngê whiche semen to be noysome and hurtfull vnto them selfe and to purchase and gette all those thynges whiche are necessary and nedefull to the preseruacyon of theyr owne lyfe whiche thynge also euery man maye perceyue euydently by sensyble experyence in the kynde of sensyble creatures But the lyfe and good lyfe conuenyent and syttyng for men is after two maners There is one lyfe whiche is wonte to be called a temperall or wordly lyfe and there is an other lyfe which is wont to be called an eternall or heuenly lyfe And bycause the hole vnyuersyte of Phylosophers coulde not by demonstracyon or reason proue this seconde lyfe that is to wytte the eternall lyfe neyther it was a thynge euydently knowen of hit selfe therfore they busyed not them selfes neyther gaue any great force to eche thyse thynges whiche are necessarye for the gettynge and obteynyng of the sayd lyfe But of lyfe and lyuynge well or good lyfe after the fyrst maner that is temperall and wordly and of the thyngê whiche are necessarye for it the gloryous proude Phylosophers comprehended and perceyued by demonstracyon the matyer in a maner complete wherfore for the obteynynge of this lyfe they coÌ„cluded that a cyuyle coÌ„munyte was necessarye without whiche sayd cyuyle coÌ„munytie this suffycyent lyfe in no wyse can be obtayned or had Amonge whiche Phylosophers he that is the pryncypall that is to wytte Arystostle in his fyrste boke of the Polytykes and the seconde chapitre sayd that all men are desyrous of a cyuyle coÌ„munyte and naturally haue an appetyte vnto it herefore whiche thynge albeit that sensyble experyence doth teache yet that notwithstayndyng we woll induce and brynge in the cause of it whiche we haue sayd more dystynctely sayenge â–ª that because a man is borne naturally made of contrarye elementes by reason of the contrary accyons and passyons of whiche sayd elementes in a maner contynually somwhat of his substaunce is corrupted And agayne because he is borne naked and vnarmed and vndefenced apte to suffre be corrupted and destroyed of the excesse of the ayre wherin he lyueth and of the other elementes as it hath ben shewed in naturall Phylosophye he had nede of craftes and occupacyons of dyuerse kyndes and maners to auoyed and put by the aforesayd incoÌ„modyties or
profyte or good or elles to the dysprofyte iniurye or hurte of an other persone dystyncte from hym that is the doet or worker for the state of this present worlde then was necessarily ordeyned in a cytie a certayne parte or offyce by which the excesses of suche maner actê shulde be corrected or amended and be broughte to equalytie or due proporcion For elles yf there shulde not haue ben ordeyned suche an offyce by the reason of thyse excesses there myght be caused fyghtynge and of it separacyoÌ„ of the Cytyzens and so in conclusyon myght folowe corrupcyon or destruccyon of the Cytie and the pryuacyon of a suffycient lyfe And this parte is called of Arystotle pats iudicialis or pryncypans and consultiua that is to saye the parte or offyce of Iudges or Rulers with other that do seruyce or helpe vnto it to whiche parte or offyce it belongeth to dyrecte Rule and ordre the thynges concernynge the coÌ„mune ryghtes and vtylyties But for as moche as a suffycyent lyfe can not be ledde the Cytyzens beynge oppressed or broughte in to seruytude or thraldome by extrynsecalloppressours of theyr coÌ„munyties and agayne because it was necessarye that the sentences of the Iudges shulde be executed agaynst iniuryous and rebellyous persones within the sayde coÌ„munytie by coactyue power it was nedefull to ordayne in a Cytie an other parte whiche is called Pars miliataris or propugnatiua that is to say the offyce of men of Armes and defenders of the Cytie to which parte also many of the mechanicall Craftes do seruyce for a Cytie is ordeyned because that men myght lyue and lyue well as it was sayd in the chapitre afore gone whiche thyng is impossyble to be done the Cytyzens beynge brought in to seruytude or bondage thraldome For this thynge that is to wytte to be in seruytude the moste excellent of all the Phylosophers affyrmeth to be agaynst the nature of a Cytie or cyuyle coÌ„munytie Wherfore in the. iiii of the Polytykes and the. iiii chapytre assygnynge and shewynge the necessytie of this parte he saythe thyse wordes folowynge The. v. parte of a Cytie is defenders or men of armes whiche parte is no lesse necssarye to a cytie than any of the other partes afore rehersed yf they woll defende theyr lybertie agaynst them that do inuade them not be brought in to thraldome for it is imposyble that the coÌ„munytie which is worthy to be called a cytie shuld be by nature thrall or bonde for a cytie is of it selfe suffycyent but that thynge whiche is thrall or bonde can not be suffycyent of it selfe And the necessytie of this parte because of rebellyous persones intrynsecall or within the same coÌ„munytie which must be compelled to obaye rulers is had of Arystotle in the. vii boke of his Politykes the. viii chapitre But we haue left out his wordes here for cause of shortnes or spede because we woll brynge them in in the. xiiii chapitre of this diccyon the. viii parte of y e same chapitre moreouer because in y e yeres of this worlde somtyme is fertilytie great plentie of frutes otherwhyles there is sterilytie scasete agayne because a cytie is somtyme peaceablye dysposed and at vnytie or concorde with y e other cyties or coÌ„munyties beyng nere vnto it somtyme other wyse disposed towardes them and also because there are coÌ„mune exortunyties or coÌ„modyties of a cytie wherof it hath nede as the makyng reperacion of wayes and bryges with the settynge vp and reperacions of other buyldynges and such other lyke coÌ„modyties whiche it is not mere but were to redyous and longe for to reherse here It was nedefull for the procurynge of thyse sayd coÌ„modyties in conuenyent tyme to ordeyne in a cytie the pte or offyce called ptem the saurisantem of Ryche men gatherynge treasure whiche of Arystotle is called pars pecuniatiua for this parte gathereth and kepeth money corne wynes oyles and other necessarye thynges procureth and secheth from all places suche thyngê as are profytable to the coÌ„munytie to succoure helpe them in theyr necessytie nede hereafter to come vnto whiche also certayne of the other partes do seruyce And this parte Arystotle calleth partem pecuniatiuam bycause that in the kepynge of money semeth to be the treasure of all thynges for that that all thynges are tourned chaunged in to money Nowe it resteth for to speke of the necessytie of the power and auctorytie or preestê or preesthode of the whiche necessytie all men were not so agreable in opynyon as of the necessytie of the other partes of a cytie And the cause hereof was for that that the very and pryncypal necessytie of this parte coulde not be comprehended or perceyued by demonstracyon or proued by reason neyther it was a thynge euydent of it selfe yet that notwithstandynge all gentyll nacyons agreed in this that it was conuenyent to instytute the offyce of preestê for cause of the worshyppyng and honourynge of god and of the profyte folowynge therof for the state of this worlde or of the worlde to come For veray many of the lawes or sectes do promyse to well doers rewarde and to euyldoers payne or punysshement whiche rewarde and punysshementes shall be dystrybuted by god in the worlde to come But besyde the causes of makyng lawes whiche causes are beleued without demonstracyon or profe Phylosophers consydred and noted veray conuenyentlye an other in a maner necessarye cause euen for the state also of this worlde of the tradycyon or gyuynge of dyuyne lawes or sectes Amonge whom was Resiodus Pythagoras and veray many other of the olde Phylosophers And this cause was the goodnes both of the monastycall and also of the cyuyle actes of men of which actes the quyete or tranquyllytie of coÌ„munyties fynallye the suffycient lyfe of this present worlde in a maner doth hole depende For albeit that some of the Phylosophers whiche were the fynders out or deuysers of suche maner lawes or sectes haue not thought or beleued the resurreccyon of men to come and that lyfe whiche is called the lyfe eternall or euerlastynge yet that notwihstandynge they dyd fayne or Imagyne and broughte the people in belefe that there is suche a lyfe and that in it there are delectacyons or pleasures and sorowes or paynes accordynge to the qualyties of meÌ„nes workes or dedes done in this mortall lyfe that by the reason hereof they myght induce men to the reuerence drede of god and to desyre of eschewynge vyces of louynge exercysynge vertues for there be certayne actes whiche the lawe maker can not rule strayghten by maÌ„nes lawe for as moche as it can not be proued y t any man hath such actê or elles y t he is without them which actê for all y t can not be hyd or vnknowen to god whom they dyd fayne to be the maker of such lawes the coÌ„mauÌ„der of theÌ„ to be obserued kept
easye to haue forgyuen man it myghte haue gyuen occasyon vnto man to haue trespassed more largely agayne And to be teachers of this sayd lawe and mynisters of the Sacramentes accordynge to the same lawe certayne men were instytuted in the coÌ„munyties whiche were called preestes and deacons or leuytes whose office is to teache the preceptes counsaylles of the Chrystyane lawe of the gospell in those thynges whiche are to be beleued to be done to be eschewed to the ende that we mayegette and obtayne the blyssed state of the worlde to come and auoyde the contrarye state of the same worlde that is to wytte eternall myserye The ende therfore or the fynall cause of the instytucion of the offyce of preestes is teachyng and gyuynge instruccyon to men of suche thyngê whiche accordyng to the lawe of the gospel it is necessarie for them to beleue to do and to leaue vndone for the gettynge and obtaynynge of eternall blysse and saluacyon and the auoydynge of euerlastynge dampnacyon and myserye And vnto this offyce conuenyentlye appertayne all dyscyplynes founde out and dyuysed by maÌ„nes wytte bothe speculatyue and practyue whiche doo moderate tempre and gouerne the Actes of of men as well the inwarde as the outwarde Actes proceadynge of appetyte and knowlege by whiche dyscyplynes a man is well disposed and ordered in his soule for the state as well of this present worlde as of the worlde to come for all these dyscyplynes well nere we haue of the tradycyon of the meruaylous philosopher and of other gloryous men Yet haue we lefte out the rehersayle of them here for breyfnes and for that that the necessytic of such maner dyscyplynes appertey ne not to our present consyderacyon But we ought to vnderstande by this chapitre the other nexte folowynge after this y t there are other causes of the offycê of a cytie as touchynge to euery kynde of them in that they are offices of a cytie and other causes of the same in that they are qualyties of maÌ„nes body or mynde for the fynall causes of them in that theyr qualyties of the body or soule of man be the workes whiche procede or are brought forth immedyatly of them as of the shyp wryghtes crafte the fynall cause is y e shyp and of cheualrye the fynall cause is the vse and occupyenge of armour or fyghtyng and of preesthode the fynall cause is the preachynge of the lawe of god and the admynystracyon of the sacramentes accordynge to the same law and so conformably in all other offyces and ê‘tes of a cytie or cyuyle coÌ„munytie But the fynal causes of them takynge them as they are offyces determyned and instituted in a cytie are the coÌ„modyties and sufficyencies whiche do make perfyte the accyons and passyons of men do procede or are brought forthe and caused by the workes of the sayd qualyties which suffycyencies can not be had without the sayd qualyties as for example of fyghtynge or batayle whiche is the acte worke and ende of chyualrye lybertie is caused or brought forthe and also is kepte in a cytie whiche lybertie is the ende of al the actes and workes of chyualrie So lykewyse of the worke or ende of the carpenters crafte that is to saye of a house there coÌ„meth or is brought forth to men or to the cytie defence from the impressyons of the ayre whiche are noysome as from excessyue heate colde moystnes or drynes whiche defence trulye is the fynall cause wherfore the offyce of carpenters crafte was ordeyned in a cytie or cyuyle coÌ„munytie And after the same maner of the obseruacyon of goddes lawe whiche is the ende of preesthode coÌ„meth forth or groweth vnto men eternall felycytie And after the same maner also we ought to Iuge of the other partê or offyces of a cytie And after this same maner or lyke the other kyndes of causes of y â— sayd offyces are dystyncte and dysseuered one from an other of them that is to wyt the materyall cause the formall cause and the effectyue cause of them as it shall appere of those thynges whiche hereafter doth folowe Of the nombre than of the partes of a cytie and of the necessytie and also the dystynccyon of them for cause of the fynall suffycyencies to be goten by them let thus moche as hath ben spoken of vs be suffycyent ¶ Of the other kyndes of causes both of the beynge and also of the seperacyon and dystynccyon of the offyces partes of a cytie and of the dyuysyon of euery kynde by two maners apperteynynge to the present purpose ¶ The. vii chapitre HOwe after the premysses it foloweth consequently to speke of the other causes of the offices or partes of a cytie and fyrste we shall speake of the causes materyall and formall and than afterwardes we shall make inquysycyon serche of the effectuell cause of them But for as moche as in thyngê whiche receyue perfeccyon the matier is existent or hath his beynge afore the forme Lette vs fyrste speake of the materyall cause And here we doo saye that the proper matyer or materyall cause of dyuerse offyces in that the sayde offyces doo name or sygnyfye to vs the qualyties of the soule are men by theyr natyuytie or generacyon inclyned to dyuerse craftes or dysyplynes For in as moche as nature dothe not fayle in necessary thynges as beynge alwayes moste carefull and dylygent aboute the moste noble creatures whiche veryly is mankynde aboue all other corruptyble thynges of whiche sayd kynde of man beynge made perfyte by dyuers Artes or dysyplynes as of the matier or substauÌ„ce It is necessary to constytute a cytie and to dystyncte dyseuer partes in it whiche are necessary to the gettynge or obteynynge of the suffycyencie of this lyfe as it hath ben shewed in the. iiii v. chapytres of this dyccyoy nature her selfe began this dystynccyon of the sayd partes euen about the generacyon of men bryngynge forth some men in theyr naturall dyspocysyons apte and inclyned to husbandry and other some to Chyualrie other men to the kyndes of other Artes and dysyplynes but yet dyuerse men to dyuerse dysyplynes And she hath not inclyned onely one man to one kynde of Arte or dysyplyne but she hath inclyned many men to one and the same kynde of crafte or dysyplyne as the necessytie of the suffyciencie of maÌ„nes lyfe dyd requyre She broughte forth some therfore Apte to prudencye bycause the parte of the iudges or of counseylours in a cytie ought to be made and instytuted of wyse men And some men she hath brought forth apte and mete to strengthe and boldenes bycause of such maner of men is made the parte of warryours or men of Armes in a cytie And so lykewyse she hath made other men apte mete to the kyndes of practyue and speculatyue habytes or scyences whiche are necessarie conuenyent to lyue and to lyue well to the ende that by this dyuersytie of the materyall inclynacyons of
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
we must coÌ„sydre in a cyuyle coÌ„munyte beynge instituted coÌ„uenyeÌ„tly accordynge to reason for all the soule or mynde of the hole multytude of cytezens or coÌ„munes or els of the bygger parte therof is fourmed or ought to be fourmed in a cyuyle coÌ„munyte 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 coÌ„munyte And this parte wherof we do meane is y e priÌ„ce or hed gouernour whose vnyuersall vertue or powre in causalite is the lawe and whose actyue powre is the auctoryte of iudgynge of coÌ„maundynge of executynge the sentences coÌ„cernynge 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 coÌ„munyte the cause hereof is for that the suffycyencie which is had by the other partes or offyces of a cyuyle coÌ„munyte all thoughe the sayde partes or offyces were not at all myght be suffycyeÌ„tly had by other meanes and of other thynges thoughe not so easely ¶ But without a prynce or gouernour a cyuyle coÌ„munyte can not contynue or longe coÌ„tynue 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 coÌ„tencyons rysen amoÌ„ge 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 coÌ„munyte the priuacyon or lacke of a suffycient lyfe The pyrnce also in a cyuyle coÌ„munyte ought to be more noble more perfyte in his dysposycions or qualytes y t is to wyt in prudeÌ„ce vertue morall than the other partes of the cyuyle coÌ„munyte And that for this reason that the cause effectyue of a cyuyle coÌ„munyte that is to wyt the soule and wyll of the hole coÌ„munyte 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 coÌ„munelye 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 coÌ„maundynge 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 coÌ„munyte 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 coÌ„munyte 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 coÌ„munyte as it hathe ben sayde in the. vii chapytre of this diccyon For it is mete in a cyuyle coÌ„munytie well instytuted to appoynte or assygne such men to the offyces of the coÌ„mune weale whiche haue the operatiue or practyue habytes mete and conuenyent to the sayd offyces And suche as hathe not the conuenyeÌ„t 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 coÌ„munytes 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 coÌ„mune 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 coÌ„munytie 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 coÌ„munytes it shal hurte moch the coÌ„mune weale thus than of these premysses it appereth that to y e law maker or vnyuersal multitude in y e parlyameÌ„t asseÌ„bled by y e priÌ„ces coÌ„maundement for the same purpose apperteyneth and belongeth the determynacyon or instytucyon of the offyces and partes of a cyuyle coÌ„munyte that the iudgement the precepte or coÌ„maundynge 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 syllogâ—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 coÌ„munyte at his owne pleasure and namely
straungers for not euery man ought neyther reasonablie maye at his owne pleasure tourne hym selfe to exercyse y e offyces of a man of armes or of a preest neyther y e prynce or gouernour ought to suffre this for by the reason hereof myght chaunce insuffyciencie to the cyuyle coÌ„munyte of those thynges whiche muste â—edes be procured by the other offyces But the prynce or gouernoure ought to determyne and assynge the persones to suche maner offyces and also to determyne the quantite and qualyte of the sayde partes or offyces as touchynge to nombre to powre and suche other thynges leste by reason of iÌ„moderate excesse of any of them it maye happen or chaunce the coÌ„mune weale to be destroyed wherfore Arystotle in the. v. boke of the polytykes and the thyrde chapytre saythe in this wyse There are made destruccyoÌ„s also of coÌ„mune weales by the reason of excessyue increace of any parte or partes coÌ„trary to due proporcyon For as the body is made of his partes and the sayd partes ought to growe togyther eche one accordynge to theyr measure that the due proporcyon and coÌ„mensuracyon of the body maye remayne and be saued and vnlesse it be thus it is destroyed as for example whan the feete is iiii cubytes longe and the resydue of the body is but. ii spannes longe other whyles also it maye be tourned in to the fygure or shape of an other beaste yf there shuld be made vnmeasurable increace not onely in quantyte but also in qualyte so lykewyse a cyuyle coÌ„munyte is made of partes of which some one other whyles preuelie encreaceth excessyuely as for example the multytude of poore men in y e coÌ„mune weales where the people dothe rule and gouerne and the multytude of preestes in the chrysten law or secte and relygyon The same thynge also he sayd in the thyrde boke of the polytykes and the. vii chapytre the texte wherof I leaue out here because of breyfnes Agayne his parte that is to wyt the prynce or gouernoure ought by his auctoryte accordynge to the lawe to coÌ„maunde suche thynges whiche are ryghtuouse and honeste and to forbyd the contrary thynges as well by his worke as by his wordes rewardynge them for theyr good dedes whiche do obserue the legall preceptes and ponysshe them for theyr euyll dedes whiche do transgresse or breake the sayde preceptes by whiche meane he shall conserue euery one of the partes of the cyuyle coÌ„munyte in theyr due estate or beynge and shall preserue them from noyaunces and iniuryes and yf case be that any of the sayde partes outher dothe or elles suffre wronge he that doth y â— iniury or wronge ought to be cured or healed by the accyon or operacyon of the prynce or gouernoure causynge hym to sustayne or suffre payne or ponysshemente therfore For a penalyte or ponysshemeÌ„t is as it were a certayne medycyne of the cryme or trespase wherfore Arystotle in the seconde boke of the Etykes the thyrde chapytre saythe thus And that it is as we haue sayde it maye be perceyued by the penalytes or paynes which are made and ordayned herefore that is to wyt for the delectacyons and pleasures whiche are taken or had in euyll doynge or in euyll sayenge for the penalytes are certayne medycynes or remedyes and he that suffereth the iniurye or wronge shall be cured or healed by receyuynge or takynge amendes and by this meane all thynges shall be brought agayne to conuenyent egallyte or proporcyon Moreouer this sayd parte of the cyuyle coÌ„munyte that is to wyt the gouernour conserueth the other partes of the cyuyle coÌ„munyte and helpeth them in the exercysynge of theyr workes bothe propre and also coÌ„mune Propre workes I call those whiche are caused or brought forthe of the propre offyces of the sayd partes The coÌ„mune workes I call the coÌ„munycacyons or coÌ„mune dealynges of the sayde partes amonge them selues one of them with an other whiche workes bothe propre and coÌ„mune shulde be troubled and letted yf the operacyon of the prynce or gouernour dyd cease from the correccyon or ponysshemeÌ„t of vyolent persones And for this cause the accyon or workynge of the prynce or gouernour ought neuer to cease in a cyuyle coÌ„munyte lykewyse as the accyon or workynge of the herte in a sensyble creature neuer ceaseth For albeit that the accyons of the other partes of a cyuyle coÌ„munyte may somtyme cease without noyaunce or hurte to any syngulare persone colledge or coÌ„munyte as for example the operacyon of the men of warre maye cease in the tyme of peace and so lykewyse of the operacyons of the other partes yet for all that the accyon or operacyon of this parte that is to wyt of the prynce or gouernoure of his vertue or powre maye neuer cease without noyaunce or hurte for at all tymes and alhoures it is necessary that the precepte and the coÌ„mune custodye of lawfull thynges and forbydden thynges accordynge to the lawe do endure and contynue And whan soeuer any vnlaufull or vniuste thynge is done the prynce or hede gouernour ought perfytely to measure and strengthen suche thynges or at the least wyse to exercyse those thynges whiche are preparacyons to the tulynge and strengthnynge of suche thynges Of the premysses may suffycyently appere the ordre of the partes of a cyuyle coÌ„munyte amonge them selues in coÌ„paryson one to an other for the prynces or gouernours cause and to hym as to the pryncypall of all all the partes of a cyuyle coÌ„mnnyte are ordred for the state of this present worlde for that parte is the fyrst and pryncypall of all in a cyuyle coÌ„munyte whiche ought to instytute and to determyne the other partes and to conserne them in the state and for the state of this presente worlde or for the cyuyle ende but suche maner parte is the prynce or he that is gouernour accordynge to the lawe made by man as we haue concluded and proued alredy by probable reason and by demonstratyue syllogysme wherfore we conclude that the prynce or gouernour is the fyrst and pryncypall parte of all other and that the other are or dred to hym Of the effectyue cause than of the eleccyon of the prynce or hede gouernour and also of the instytucyon of the resydue of the partes in a cyuyle coÌ„munyte and of the ordre of them amonge them selues one to an other let it be determyned in this wyse ¶ That is most expedyent to the coÌ„mune weale to haue onely one certayne man to be prynce or gouernour hym selfe with all his posteryte whiche they call coÌ„munelye the successyon of kynred or blode The xvi chapytre THat it is most conuenyent profytable for y e coÌ„men weale to haue a prynce gouernour whiche shall enioye the crowne by successyon of blode with all his posteryte ofsprynge not by eleccyon as themperour is chosen by electours in Germany is proued by xi stroÌ„ge inuiÌ„cyble reasons ¶ The fyrst is because it appereth that he which
multytude of men lyuynge cyuyllie in the whole worlde or els it be more cōuenyent in dyuerse plages or partes of the worlde beynge seperated in places the one farre from the other and cheyfly in those partes which are nothynge agreynge in language but can not vnderstāde one of them an other nor lyke in maners or cōdycyons and farre dystaunte in cōuersacyon to haue dyuerse and sondrye suche maner prynces or heed gouernours at a tyme the celestyall cause also perauenture mouynge or counsaylynge vnto the same left superfluous propagacyon of men shulde be made this maye be reasonablie serched and inquyred but it appertayneth nothynge to our present purpose or intencyon for perauenture it wolde seme to some man that nature hathe moderated or measured the propagacyon of men of other beastes by bataylles or fyghtes and by pestylences or murryons fallynge and chaūsynge other whyles amonge them so that the erthe or lande is suffycyent to the nourysshynge or bryngynge vp of them but yet nowe retournynge agayne vnto our purpose intended of vs let vs saye that of the premysses it dothe somwhat appere what is the vnyte numerall of a cytie or realme for it is an vnyte of ordre and not vtterlye an vnyte but a pluralyte of certayne men whiche pluralyte or whiche men are called one thynge in nombre not because they are one in nombre formallye by one fourme but they are trulye called one in nombre because they are referred to one thynge in nombre that is to wyt to the heed gouernoure hyghest powre to whome or for whome they are ordered gouerned for a cytie or realme is not made of thynges whiche are one by any one naturall fourme as of composycyō or of cōmyxtion for the offyces or partes therof and the persones and the men or partes of these partes or offyces are many in very dede and are separated in nōbre one of them from an other formallie for they are separated in place and also in theyr subiectes wherfore neyther they are one by any one thynge formallie inherente neyther by any one thynge tow chynge or contaynynge them all as we se y t a wall is one thynge framed hāgynge togyther For Rome with Meanes and other cōmunytes or cyties and townes are one kyngdome or one empyre in nombre but yet none otherwyse saue onely because eche one of these cōmunytes are wyllynge to be vnder one hyghest gouernoure and vnder one regall powre in nombre After whiche maner welnere it is sayde the world to be but one in nombre and not many worldes not because of any one numerall fourme formallie inherent to all thynges that are in the worlde but onely because of the numerall vnyte of the pryncypall causer or gouernoure of all thynges whiche is god therfore all thynges are called but one worlde for that that euery one of the naturall thynges is inclyned hangeth or dependeth of the sayde pryncypall cause whiche is god wherfore whan it is sayde that all thynges beynge are one world in nombre it is not to be vnderstanded neyther it is meaned formallye of any vnyte numerall beynge in all the sayd thynges neyther of any cōmen phrase of speche but it is a pluralyte of certayne thynges and is called one because it is referred vnto one and for one so lykewyse the men of one cytie or prouynce at called one cōmunyte or realme because they are wyllynge al to haue one heed gouernoure in nombre And yet for all that they are not therfore one parte in nombre of a cytie whiche are one realme or one cyuyle cōmunyte in nombre for thoughe they desyre one heed offycer in nombre by the reason wherof they are called one cytie or one realme yet for al that because they are referred to this one heed gouernoure in nombre by dyuers and sundrye instytucyon bothe actyue and passyue whiche dyuers instytucyon is nought elles but a dyuers precepte or cōmaundement gyuen to them by the prynce or heed gouernour by which they ar ordayned appoynted to dyuers offyces and by reason of y e dyuersyte of this precepte formally also they are dyuerse or sondrye partes or offyces of a cytie or cyuyle cōmunyte And euery one of y ◠sayd offyces is called one offyce in nombre or one parte of the cyuyle cōmunyte in nombre notwithstādynge the numeral pluralyte of y ◠persones in the sayde offyces or partes not by any one thynge in nōbre inherente to all the sayde persones but because they are referred vnto one actyue precepte of the prynce or heed gouernoure accordynge to the determynacyon of the lawe ¶ The. xviii chapytre we haue lefte out all togyther as nothynge appertaynynge to this realme of Englande ¶ Of the causes whiche maketh trāquyllyte or vnquyetnes in a cytie or realme of the cause whiche troubleth realmes of y e cōtynuacyō or ioynynge togyther of y e fyrst dycciō or pte of this worke vnto y e seconde parte of the same The xix chapytre HOwe remayneth is behynde the last chapytre of this fyrste dyccyon or parte of the afore wryten determynacyons to inferre cōclude the causes bothe of tranquyllyte also of intrāquyllytie the cōtrarie in a cytie or realme For this was the pryncypal questyon accordynge to the intēcyon purposed of vs from the begynnynge And fyrst of all we shal shewe these causes ingenerall presupposynge the syngulare specyall determynacyon of them whiche spryngeth or ryseth after the cōmune or wonte maner whiche Arystotle maketh in the. v. boke of his polytykes consequentlye after these we shall treate determynatlye speke in especyall pertyculerlye of the strange vnwonte cause of dyscorde or intrāquyllyte of all cyuyll gouernauncs or cōmunaltes whiche in our prohemye or preface we sayd to haue a great whyle dystroubled yet cōtynuallye to vexe trouble dayly more and more the good ordre of the cōmunalte of Italye but here it is nedefull to our purpose for to resume reherse agayne the dyscrypcions of tranquyllyte his cōtrarye intranquyllyte which are afore wryten in y e seconde chapytre of this parte Tranquyllyte is y e good dysposycyon or orderynge of a cytie or realme by which euery parte or mēbre therof may do the workes conuenyent accordynge for it accordynge to reason theyr owne instytucyon ordynaunce of the whiche dyscrypcyon appereth the nature of it For whan it is sayd a good dysposycyon ther in is noted or marked the intrensecall quiddyte general of it But in this that by it is sayde that euery membre of that cōmunaltye maye do the workes to it selfe conuenyent appertaynynge is betokened the fynall cause or ende of it whiche causeth vs also to vnderstande perceyue the propre quiddyte or dyfference of it And for as moch as it selfe is a certayne fourme or dysposycyon of a cytie or realme and no more one than we haue sayd a realme or a cytie to be in
Maystre saye to my brother that he deuyde the inherytaunce with me But he that is to wytte chryste sayde to hym Thou man who hathe ordayned or made me iudge or deuyder ouer you as who shulde saye I am not come to exercyse this offyce nor yet sente for these purposes That is to wytte for to departe or ende cyuyle sutes or stryues by iudgement whiche thynge for al that no man doubteth to be the worke moste properlye appertaynynge to the gouernoures or iudges of this worlde And albeit in very deade that the texte of the gospell more euydentlye dothe contayue and shewe our purpose than the gloses of holy men whiche our aduersaryes knowynge that as we haue sayd they make ryght manyfestlye agaynst them euery where dyd tourne them selues more to the allegorycall or mystycall sence yet that notwithstandynge we haue broughte in those gloses also to the greatter confyrmacyon fortefyenge of our purpose and leste it myght be sayde of our aduersaryes that we do expounde the scrypture folysshelye and presumptuouslye after our owne brayne Thus than saythe saynt Ambrose expouÌ„dynge these wordê of chryste Therfore he doth well sayth saynt Ambrose auoyde and eschewe erthlye thynges whiche came downe for godlye thynges sake neyther he vouchsaueth to be iudge of worldly stryues or sutes or vmpyere of suche goodes and substaunce whiche hathe the iudgemente of men bothe quycke and deed and the arbytrement of theyr deades And a lytle after he saythe also wherfore not without cause sayth he this brother is rebuked whiche coueted to busye the ordre of heuenly thynges aboute earthly thynges and corruptyble Lo here what saynt Ambrose mynde is of the offyce of chryste in this worlde For he saythe that chryste dothe well auoyde and refuse earthly thynges that is to wytte to be iudge of contentyouse persones whiche came downe for heuenly thynges sake that is to teache and to mynystre spyrytuall thynges in the whiche thynge he marked forthe and assygned the offyce of hym and his successours that is to wytte to dyspence heuenly or spyrytuall thynges I saye spyrytuall thynges yea and those spyrytuall thynges of the whiche the same Ambrose spake in the. ix chapytre of the fyrste epystle to the Corynthyans and the whiche we broughte in before in the seconde chapytre of this dyccyon in y e thyrde sygnyfycacyon of this nowne spyrytuall Nowe consequentlye it resteth and remayneth to shewe that chryste hymselfe not onely dyd refuse the domynyon of this worlde or coactyue iurysdyccyon or iudgemente in this worlde wherin he gaue example to his apostles and dyscyples and the successours of them to do lykewyse but also that he taughte by his preachynge and shewed by his example y t al preestes laye men ought to be vnderneth the coactyue iudgement or iurysdyccyon of the prynces of this worlde bothe reallye and personallye that is to saye bothe in theyr owne personages and in all theyr goodes appertaynynge to them Fyrste than chryste shewed this by his wordes example of his owne selfe as concernynge his goodes and substaunce in the. xxii of Mathewe where it is redde that whan the Iewes asked of hym sayenge Tell vs howe thynkest thou is it lawful to gyue trybute to Cesar or not Chryst after he had loked on the money or quoyne and the scrypture therof made answere and sayd gyue than to Cesar those thynges whiche belongeth to Cesar and to god those thynges whiche appertayneth to god where the glose interlyneare sayth that is to wytte trybute and money And saynt Ambrose vpon that texte whose is this ymage and this superscrypcyon sayth in this wyse As Cesar exacteth and requyreth the money hauynge his ymage imprynted in it so god also requyreth the soule marked with the lyghte of his owne face Take hede than what thynge chryste came to exacte in this worlde And Chrysostome sayth thus But thou when thou hearest these wordes gyue to Cesar those thynges whiche belongeth to hym knowe thou that chryste meaneth onelye those thynges whiche in no poynte are contrarye to vertue and the coÌ„maundement of god for yf there be any suche thynge it is not the trybute of Cesar but the trybute of the deuyll Beholde that in all thynges we oughte to be subiectes to Cesar so that they be not contrarye to pytye that is to wytte the worshyppynge of god or his coÌ„maundement Chryste than wolde be subiecte to the seculer prynces in reall or temporall substaunce This also was openlye the sentence or mynde of saynt Ambrose grounded vpon this sentence of chryste for he sayde in the epystle agaynst Valentynyan whiche is intytled to the people we paye to Cesar those thynges whiche belongeth to Cesar and those thynges which belongeth to god we paye to god trybute belongeth to Cesar it is not denyed hym The same thynge is shewed agayne by the. xvii chapytre of Mathewe where it is this wryten they whiche receyued the Dydrachme came to Peter and sayde dothe not your mayster paye the Dydrachme and consequentlye after a certayne wordes betwene it foloweth that chryste sayde to Peter That we do not offende them go to the see and throwe in thyne hoke and that fysshe whiche shall come vp fyrste take it vp and whan thou haste opened the mouth of it thou shalte fynde a stotere or a doble Dydrachme take it and gyue it to them for the me and the lorde sayde not onelye gyue it them but sayde gyue it to them for me and the and saynt Iherome saythe here our lorde bothe as consernynge his bodye and also his spyryte was the sone of a worldlye or lyuynge kynge by two maner wayes Fyrste in that he was gendred of the stocke of Dauid or in that that he was the worde or sone of the almyghtye father Therfore he oughte by ryght no trybute to paye but to be fre from all coactyue powers or bondage as beynge the sone of kynges And afterwarde it foloweth in the same sayenge of saynt Iherome Therfore althoughe he were free yet because he had taken vpon hym the humylytye or mekenesse of the nature of man he ought to fulfyll all iustyce And Orygen vpon that sayenge of chryste saythe in this maner wyse But that we do not offeÌ„de them speketh in this wyse more to the purpose and to the mynde of the euangelyste whiche after this maner saythe as foloweth Consequentlye we maye well perceyue saythe Origen vnderstande by these wordes of Chryste that as ofte as certayne men ryseth vp which wrongfully taketh away our earthly thyngê or temporal substauÌ„ce the kynges and gouernours of this earthe doth sende them to requyre of vs that whiche belongeth to them and by his owne example our lorde forbyddeth any occasyon of synnynge or greyfe to be gyuen euen to suche maner men outher leste they myght synne the more or elles that they maye be saued The sone of god whiche neuer dyd any seruyle worke or dede as hauynge y e forme or shape of a
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 coÌ„men of the stocke of kynges perauenture dyd not owe of dutye to pay it yet Peter beynge not coÌ„men of the stocke of kynges neyther had any such cause of exeÌ„pcion 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 coÌ„uenyent 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 delyueriÌ„ge of churches sayth The emperour asketh trybute truly it is not denyed hym the landes of y e churche payeth trybute after certayn wordê beynge put betwene he saythe more to the purpose we pay to Cesar those thyngê 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 coÌ„maunded 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 preestê 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 teÌ„porall substauÌ„ce but also he sheweth y e same in hym selfe as touchynge his ê‘son 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 IohnÌ„ 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 wheÌ„se 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 opeÌ„ly coÌ„fessed 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
gouernours to offre also bodely obsequye and seruyce after the example of chryste our lorde whiche wasshed the fete of his dyscyples Therfore chryste sayde The prynces of the gentyles be lordes ouer them but you that is to wytte the apostles shall not be so Chryste than the kynge of kynges lorde of lordes dyd not gyue to them powre and auctoryte to exercyse the seculare iudgementes of prynces neyther coactyue powre or iurysdyccyon ouer any man but openly and euydently he forbad it them whan he sayde but you not so And the same is consequently to be holden of all the successours of all the apostles bysshoppes or preestes This is it also whiche saynt Bernarde sayde openly to Eugenius in the seconde boke of consyderacyon the fourth chapytre treatynge vpon those wordes of chryst afore rehersed the kynge and prynces of the gentyles c. for amonge other these are the wordes of Bernarde that whiche the apostle Petre had that same he gaue that is to wytte busy care and dylygent ouerseynge of the congregacyons dyd he gyue domynacyon or lordshyp harken what he saythe Not hauynge saythe he domynyon or lordeshyp ouer the clargye but beynge made the example of the flocke And least thou myght wene or suppose that this was spoken onely of humylytie and lowlynes and not to be exequyted in very truthe the saynge of our lorde in the gospell is the kynges and prynces of the Gentyles haue domynyon and lordshyp ouer them and they whiche haue powre ouer them are called well-doers or benefycyall he inferreth or concludeth but you not so It is playne y ◠domynyon is forbydden the apostles so that they may not be lordes Darest thou then outher beynge a lord vsurpe y ◠offyce of an apostledor beynge an apostolyke persone vsurpe domynion or lordshyps forsoth thou art playnly phybyted from bothe yf thou art wyllynge to haue bothe of them togyther thou shalte lose both or elles thynke not thy selfe to be excepted from the nōbre of them of whome god cōplayned in this wyse They haue reygned and not by me they haue ben prynces and rulers and I knewe them not Thus than by the veryties or treue textes of the gospell whiche we haue brought in and alleged and by the interpretacyōs or declaracyōs of the same textes made by sayntes and other approued doctours It ought to appere euydentlye to all men that chryste dyd exclude or was wyllynge to exclude hym selfe aswell by his deades as by his wordes from all soueraynte or gouernaunce and iudgement coactyue or worldely powre and auctorytie and that he wolde hym selfe be subiecte and vnderneth the coactyue iurysdyccyon of seculare gouernours prynces or other hyghe powers ¶ Of the canonycall oracles or textes of the apostles and the exposycyons of sayntes and holy doctours by whiche the same thynge is openly proued whiche was proued by the chapytre laste afore gone The v chapytre HOwe there resteth remayneth behynde to shewe that this same was also the sentence and doctryne of the cheyfe apostles of chryst And fyrst of Paule whiche in the seconde chapytre of the seconde epystle to Tymothe admonyssheth and aduertyseth the same Timothe whome he had ordayned and made bysshop or preeste that he shulde not wrappe hym selfe in worldly busynes for these are his wordes let no man that warreth to god entangle hym selfe with worldly busynes where the glose after Ambrose mynde saythe that no man that warreth to god in spyrytuall thynges whiche god can not be parted or deuyded to two contrarye seruauntes euen lykewyse as no man can do seruyce to two maysters or lordes entangeleth hym selfe in any maner worldly busynesses And he sayth in any maner busynesses exceptynge none at all for asmoche then as domynyon or iudgement coactyue of contentiouse and debatefull actes or deades is the most seculer and worldly of all busynes for that it dothe ordre and rule all seculer busynes or all seculer cyuyle actes of men as it hathe ben shewed in the. xv chapytre of the fyrst dyccyon the apostle cōmaundeth it pryncypally moste of all to be eschewed of hym which ought to be the souldyour or seruaūte to god in mynystringe spyrytuall thynges so as euery maner bysshop or preeste ought to be And that this whiche we haue rehersed was the very meanynge and mynde of the apostle it is openly and euydently declared by the texte whiche is red in the syxte chapytre of the fyrste epystle to the Corynthyans where he sayde in this wyse Therfore yf you haue seculer iudgementes ordayne you or make you them iudges whiche are contemptyble and of least reputacyon in the churche for there the apostle speake vnto all faythfull or chrysten men and to the churche in his moste propre and laste sygnyfycacyon whiche sayde texte of the apostle the glose expoundeth thus accordynge to the mynde of Ambrose and Augustyne Contemptyble persones that is to wyt some wyse men but yet whiche be of lesse meryte than the preestes and teachers of the gospell ordayne them to be iudges and the cause is shewed why the mynystres of the gospell shulde not be made iudges in suche matyers For the apostles goynge aboute from place to place had not laysure or space to gyue theyr mynde to suche busynes than his wyll was that wyse and holy chrysten men whiche restyd were abydynge in places and not they which can aboute hyther and thyther from place to place for to sprede abrode the gospel shulde be the examyners and iudges of suche busynesse And an other cause hereof the glose assygneth accordynge to the mynde of Gregory in his moralles and that very well in my iudgement accordynge to the mynde and intencyon of the apostle for why sayth Gregory ought contemptyble persones and not bysshoppes or preestes be ordayned set to exercyse seculer offyces doubtles to the ende that suche shulde examyne earthly and worldly causes whiche haue gotten the wysdom or knowlege of exteryor and outwarde thynges that is to wyt of seculer or cyuyle actes or workes But they that are enryched with spyrytuall gyftes ought not to be entangled or encombred with earthly matyers or busynes that whyles they are not compelled to dyspose and ordre the inferyoure goodes of the worlde they maye be able to do seruyce to the superyour or spyrytuall good thynges lo than this is moste euydently the mynde of the apostle and of the holy exposytours which we haue sayde of the offyce that was vtterly forbydden to preestes by the apostle Paule whiche thynge also saynt Bernarde expressynge to Eugenius in the. v. chapytre of the fyrste boke De consideratione sayth in this wyse dyrectynge his speche to the bysshops of Rome and of other places Therfore your powre and auctorytie sayth he is in crymes or synnes not in possessyons For it was for synnes and not for possessyons that the keyes of the kyngdome of heuens was gyuen to you that you myght exclude transgressours or
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 thyngê 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 ordynauÌ„ce 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 coÌ„dempned 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 coÌ„maunde the to do that thynge whiche thou oughte not to doo by the lawe of god here truely thou mayste not execute his coÌ„maundemente 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 coÌ„maunde any thynge to his subiects it is to be done albeit he do coÌ„mauÌ„de contrary to the proconsull Agayne yf the proconsul whiche is the emperours subiecte and offycer vnder hym byddeth one thynge and the Emperour coÌ„maundeth an other thynge is it any doute but that despysynge the proconsuls coÌ„mauÌ„deth the subiecte ought to obey the Emperour or pryncipall capytayne Therfore yf the Emperour coÌ„mauÌ„de one thynge god doth coÌ„maunde an other thyng the subiecte ought to obey god before the emperour But yet saynt Augustyne sayd not yf the Emperour do coÌ„maunde one thynge and the Pope or bysshop do coÌ„mauÌ„de 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 coÌ„maunded any thynge to be due agaynst the lawe of euerlastynge helthe whiche is immedyate coÌ„maundement of god in this the emperour ought not to be obeyed in whiche case the pope coÌ„maundynge accordynge to this lawe that is to wyt the lawe of god is rather to be obeyed than the Emperours coÌ„maundynge any thynge to be done whiche is contrary to the lawe of god But yf the pope coÌ„maundeth any thynge accordynge to his Decretalles in that they are but his owne decrees he is nothynge to be obeyed agaynst the coÌ„maundement of the Emperour or his lawes and that appereth openly and euydentlye here and shall
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 daÌ„pnacion 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 subiectê in iudgement coactyue to any bysshop or preest but rather contrary wyse the bysshops preestê at subiectê to them whiche thyng also the glose after saynt Augustynes mynde declared whan it sayd Than yf the emperour coÌ„maundeth one thyng god coÌ„mauÌ„deth the coÌ„trary 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 ordynauÌ„cê CoÌ„stytucions or Decrees appertaynynge to the EstablysshemeÌ„t of theyr owne gouernauÌ„ce rule or domynyon beyng but a fewe ê‘sons in noÌ„bre 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 thigê 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 thyngê whiche he coÌ„maundeth or teacheth to be obserued kept accordynge to the lawe of the gospell but not otherwyse or to the coÌ„trary 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 thyngê in this worlde by any payne or punysshemeÌ„t 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 coÌ„maundement 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 thyngê 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 coÌ„men 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 coÌ„men 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 coÌ„myng And therfore it was not loÌ„ge of incoÌ„stancie lyghtnes or els of any carnall coÌ„sideracion y t he dyd not fulfyl those thyngê 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 afterwardê 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 coÌ„pulsion 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 ameÌ„demeÌ„t for they which ar ameÌ„ded doth ioy ar glad I said very well ouer your faith for by faith whiche worketh through loue you do staÌ„de not by dominion This same sentence meanig dyd sait IohnÌ„ Chrisostome gather of the afore reherced wordes of the apostle hath expressed it to al meÌ„ euydeÌ„tly in his boke of Dialoges which is entytled the Dignite of presthod in y â— iii. chap. of the. ii boke for therafter he hath brought in y t sayng of y â— apostle not because we ar lordê ouer yo â— faith but we ar helê‘s c. he saith thus They whiche ar outwarde iudges y t is to wyt seculer iudgê 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 froÌ„ theyr olde lewde vngracious maners but in the church no maÌ„ 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 secoÌ„de 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 dukê erles althoughe they be euyll men And yet amoÌ„ge all those that are set in hygh auctorytie or in suche iudycyarie power neyther the apostle neyther Augustyne maketh any where meÌ„cyon 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 iÌ„medyatlye 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 sayntê beloÌ„gynge to her the which at the Cytyzens by adoption of the heueÌ„ly 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 coÌ„maundementê 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 coÌ„maunde them in spyrytuall thyngê 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 meÌ„ had preached that lybertie was coÌ„mune 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 coÌ„maunde 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 poâ—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 coÌ„formably 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 preestê 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 wordê 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 coÌ„mytted so great a cryme and offence as to make al preestes subiectê 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 vncoÌ„uenyent for it had ben better for hym not to haue gone vp to Ierusalem seynge y t no man coÌ„pelled 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 IohnÌ„ 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
wynges ¶ And the dyfference of the operacyons coÌ„maunded or done with good aduysement and of the operacyons not coÌ„maunded or done without aduysement is by the reason of that whiche we haue sayd here tofore because of the operacyoÌ„s not coÌ„maunded we vtterly haue not in vs lybertie rule or powre whether they shall be done or not done But of the operacyons coÌ„maunded accordynge to the chrysten relygyon there is powre in vs that they shall be done or els not done And I haue sayde that we haue not vtterly powre in vs of the actes not coÌ„maunded because it lyeth not in our powre wholy or vtterly to prohybyte and let the chaunsynge and coÌ„mynge to passe of them Howbeit by the seconde sorte of actes or operacyons whiche are called coÌ„maundementes or preceptes and by the actes folowenge them we maye so dyspose and ordre our soule that it shal not lyghtely do cause or receyue the actê of the fyrst sorte or kynde that is to wyt whan eche man hath accustomed hymselfe contrarye to theyr nature and of the actes or dedes coÌ„maunded or done with good aduysement certayne be and are called actes or operacyons inwarde other some are and be called actes outwarde The inwarde actes are and be called the coÌ„maunded knowleges and the affeccyons coÌ„maunded or qualyties permanent caused and made of the mynde of man because they do not passe out in to an other subiecte matter or persone from hym whiche is the doer and worker of them But the outwarde actes or operacyons passynge forth or as they are called in the latyne Actus transeuntes are and be called all the actes or loues of thynges desyred and the omyssyons of them and also the mouynges caused made by any of the exteryour or outwarde organs or instrumentes of the bodye namely beynge moued as touchynge the mocyon whiche is called Locale that is to saye from place to place Agayne of the actes whiche are called Actus transeuntes some ar and be done without the hurtynge noyaunce or iniurye of any synguler persone company or coÌ„munytie beynge a sondrye thynge from hym whiche is the doer or worker Of whiche sorte ben the kyndes of al thynges possyble to be done and the gyuynge of money and the chastysement of a mannes owne body with beatynge strykynge or any other maner of waye and other dedes lyke to these And other some of those outwarde actes ar and be made with the noyaunce or iniury of an other sondry persone from hym that is the doer or worker of them Of whiche sorte be the strykynge of another man thefte rauyne or robbery extorcyon false wytnesse and many other after dyuers kyndes and facyons And there is founde out and deuysed certayne rules or measures habytes and scyences of all the aforesayde actes whiche come forth and are caused of mannes mynde namely of the actes coÌ„maunded or done with aduysement by whiche rules the sayde actes or workes may be done and brought forth conuenyentlye and in ryght and dewe fourme and maner bothe for the gettynge and purchasynge by them of a suffycyent lyfe in this worlde also in the worlde to come But of these rules there are certayne by the which the accyons and operacyons of mannes mynde as well the outwarde actes as the inwarde are taught ruled and ordred eyther in doynge of them or in leuynge of them vndone without payne or rewarde to be gyuen to hym that dothe them or that leueth them vndone of any other man by powre coactyue of whiche sorte verely be the most parte of dyscyplynes artes or scyences operatyue actyue factyue And there ben other of the sayd rules after which the operacyons of maÌ„nes mynde are coÌ„maunded to be done or to belefte vndone vnder payne or rewarde to be gyuen by the powre coactyue of an other man eyther to the workers of the sayd dedes or elles to the leuers of them vndone And agayne of these coactyue rules there are certayne wherby the obseruers or transgressours of them are punysshed or rewarded in the state and for the state of this present lyfe Of whiche sorte be all the cyuyle worldly customes and lawes of men And there be other some of the same rules accordynge to which the workers ar punysshed or rewarded onely for the state and in the state of the worlde to come Of whiche sorte are the lawes of god for the moost parte whiche in the coÌ„mune name are called sectê amonge whiche as we haue sayde the secte which is of chrysten men onely contayneth the trouthe and suffycyencie of thynges to be hoped for y e world to come ¶ There is therfore for the suffycient lyfe of this world a rule set which is preceptyue of the acte of man done with aduysement suche as are called Actus transeuntes that is to saye outwarde actes or actes passynge forth beynge possyble to be done to the profyte or dysprofite to the ryght or wronge of an other sondrye persone from hym that is the worker of suche dedes and the same rule is also coactyue of the transgressours by payne or punysshement for the state of this present lyfe whiche we haue called by the coÌ„mune name the lawe of man in the. x. chapytre of the fyrste dyccyon The fynall necessytie also and the cause agent or effectyue wherof we haue assygned and shewed in the. xi and. xii and. xiii chapytres of the fyrste dyccyon And howe we shuld lyue in this world for the state of the worlde to come there is a lawe gyuen or made and sette by chryste whiche lawe doubtles is the rule of mannes dedes beynge by the grace of god in the actyue powre of our mynde as well I saye of suche dedes as be in warde actes as of those which are called outwarde actes accordynge as they may eyther be done or elles lefte vndone dewely or vndewelye in this worlde but yet for the state of the worlde to come and this rule is also coactyue and dystrybutyue of payne or rewarde to be gyuen and executed in the worlde to come but not in this worlde accordynge to the merytes or demerytes of the obseruers or transgressours of the sayde lawe or rule in this present lyfe But because these coactyue lawes as well the lawes of god as of man lacke lyfe or soule and a pryncyple or cause motyue in themselues to gyue iudgement to do execusyon they had nede to haue some subiecte as they call it and some pryncyple or cause hauynge lyfe soule which may coÌ„maunde rule or iudge the dedes of men accordynge to the sayde lawes and also do execucyon of the iudgement gyuen and punysshe the transgressours of the same lawes This subiecte or pryncyple is called a iudge takynge this worde iudge in his thyrde sygnyfycacyon whiche we haue sayde in the seconde chapytre of this dyccion wherfore Arystotle sayth in the fourthe of the Ethikes where he treateth of Iustyce or ryghtuousnes A iudge is as
it were iustyce hauynge lyfe Therfore accordynge to the lawes of man there ought to be a iudge hauynge suche auctorytie as we haue sayd to iudge by iudgement of the thyrde sygnyfycacyon of the coÌ„tencyons dedes of men to execute the iudgementes gyuen and to punysshe any maner transgressoure of the lawe by coactyue powre for suche a iudge is the mynystre of god and a venger for wrothe to hym whiche worketh euyll as the apostle sayd in the. xiii to the Romaynes and sent by god for this entent as it is sayd in the seconde chapytre of the fyrste epystle of Peter And note that the apostle Paule sayd to hym that worketh euyll that is to wyt whoeuer he shal be meanynge this indyfferently of all men And therfore for as moche as preestes or bysshoppes generally all the mynystres of churches which by the coÌ„mune name are called clarkes may do or worke otherwhyles euyll outher in coÌ„myssyon or in omyssyon yea and some of them wolde god not the most parte of them other whyles do euyll in very dede to the hurte and iniury of theyr euen chrysten euen they also are subiectes and set vnderneth the vengeaunce or iurysdyccyon of the iudges and hygher powres whiche haue coactyue powre to punysshe the transgressours of mannes lawes whiche thynge the apostle sayde openly and playnly to the Romaynes in the. xiii chapytre wherfore sayth he let euery soule be subiecte to the hygher powers that is to wyt to kyngê to prynces to capytaynes and to suche other theyr deputyes accordynge to the exposycyons of sayntê for euermore the matter or stuffe ought to receyue the operacyon of the actyue cause whiche is apte and ordayned to worke vpon it for the ende to the whiche it is mete as it appereth in the seconde boke of the physykes or naturales for as it is sayd there euery thynge is so wrought as it is apte and mete for to be wrought and contrary wyse But nowe the transgressoure of the lawe is a conuenyent matter or subiecte wherupon the iudge or gouernoure is apte and ordayned to worke iustyfycacyon and that to cause and make proporcyon and equalytye and for the conseruacyon of peace and tranquylytie and of the cyuyle companye and socyete of men and last of all for to cause the suffycyencie of mannes lyfe And therfore wher soeuer suche a subiecte matter or stuffe is founde in the prouynce beynge vnder the iurysdyccyon of the sayd iudge he ought to iustyfye and set it in ordre For asmoche than as euery preeste maye be of hym selfe suche propre matter or stuffe that is to wytte the transgressoure of mannes lawe he ought to be vnder the iudgement of the sayd iudge For to be a preest or no preest is an accydentall thynge to the transgressoure as touchynge the comparyson of hym to the iudge as well as to be an husbande man or a carpenter euen lykewyse as it is but an accydentall thynge to the persone that maye be hole or sycke to be a Musycyon or no musycyon in comparyson to the Physycyon or leche For that whiche he is of hym selfe and that whiche is essencyal can not be taken awaye or chaunged by that whiche is accydentall for elles shulde there be infynyte kyndes or sortes of iudges physycyons Therfore any maner bysshoppe or preest beynge the transgressoure of the lawe made by man oughte to be iustyfied and punysshed by the iudge whiche hathe coactyue power in this world ouer the traÌ„sgressours of maÌ„nes lawe And this iudge is the seculare prynce or gouernour in that that he is a prynce and not any preest or bysshop as it hath ben shewed in the. iiii and. v. chapytours of this dyccyon And therfore all bysshoppes preestes beynge traÌ„sgressoures of maÌ„nes lawe oughte to be punysshed by the prince or gouernour And not onely the preeste or other spyrytuall mynyster ought to be punysshed as a secular man for his transgressyon of the lawe But also he ought to be punysshed so moch the more greuously and largely by howe moche his offence is more heynouse or vnsemynge and can lesse be defended For that he doth synne more knowyngly and more of election whiche oughte more to knowe the preceptes of thynges to be done and to be eschewed And agayne because the offence is more shamefull of hym whiche ought to teache than of hym whiche oughte to be taughte But it is the preest whiche ought to teache and the laye man whiche oughte to lerne wherfore the preeste offendeth more greuouslye and therfore he is the more sore to be punysshed than the laye man Neyther his obiection oughte to be receyued or alowed whiche wolde say that all maner iniuries verball reall or personall and suche other thynges prohybyted by maÌ„nes lawe yf they be done agaynst any man by a preest are accyons spyrytuall and that therfore it dothe not appertayne or belonge to any Prynce or seculer gouernoure to punysshe the preest for any suche offences and trespasses for suche maner thynges prohybyted by the lawe as aduoutrye maymynge murther thefte robbery dyffamacyon detraction treason fraude or gyle heresye and suche other crymes coÌ„mytted and done by a preeste are carnall and temporall dedes or offences as it is verye well knowen by experyence and as we haue declared it heretofore in the seconde chapytre of this dyccyon by the auctorytie of the Apostle in the thyrde chapytre of the fyrste epystle to the Corynthians and in the. xv to the Romayns ye and also they are to be iudged so moche the more carnall and temporall offencê by howe moche the preest or bysshop in coÌ„myttynge of them synneth more greuously and more shamefully than any of them whom be ought to call backe from suche offences gyuynge occasyon to theym and redynesse to offende and trespasse in the same throughe his lewde and vngracyous example ¶ Therfore euery preeste and bysshoppe is vndre and ought to be vndre the iurysdyccyon of prynces secular gouernours in those thynges whiche at coÌ„maunded to be obserued by the lawe of man aswell as other seculare laye men Neyther is the bysshoppe or preeste exempted from the coactyue Iudgement of suche prynces neyther he maye exempte any other man by his owne auctoryte whiche thynge I proue by an addycyon to those thynges whiche hath ben sayd in the. xvii chapytre of the fyrste dyccyon dedusynge and bryngynge hym whiche doth saye the contrary to ameruaylous great inconuenyent For yf the Bysshop of Rome or any other preeste were so exempted that he shulde not be vndre the coactyue in rysdyccyon of prynces and gouernours but were hym selfe suche maner Iudge without the auctorytye of the humayne lawe maker and myght seperate and exempte all y e sprytuall mynysters whom by y e coÌ„mune name they do call clarkes from the Iurysdyccyon of prynces and gouernours and make them subiectes to hym selfe as the bysshoppes of Rome done nowe a dayes it
vnder payne or punysshement to be done vnto the transgressours in an other worlde by hym wherfore the transgressours or breaket of mannes lawe in a maner for the most parte trespasseth agaynst the lawe of god but no contrary wyse For there be many actes in which he that doth them or leueth them vndone trespasseth agaynste the lawe of god whiche coÌ„maundeth suche thynges wherof to gyue coÌ„maundement in the lawes of men it were in vayne as the dedes whiche we haue called inwarde actes neuer brastynge forth whiche can not be proued to be in any man or not to be in hym and yet they can not be hyd or vnknowen to god and therfore the lawe of god was conuenyently gyuen of suche thynges duely to be done or to be lefte vndone for the more goodnes of men both in this presente worlde and also in the world to come ¶ But peraduenture some man wyll reken imperfeccyon in the doctryne of the gospell yf by it as we haue sayde the contencyons or debatefull actes of men can not be suffycyently ruled for the state and in the state of this present lyfe But let vs saye by the doctryne of the gospell we are suffycyentlye dyrected in the thynges to be done and in the thynges to be auoyded and eschewed in this present lyfe and that for the state of the world to come eyther to the gettynge of euerlastynge lyfe or to y e auoydynge or escapynge of euerlastynge punysshement for the whiche endes and purposes the scrypture was made and not for the worldly reducynge of the contentious dedes of men vnto equalytie or dewe coÌ„mensuracyon concernynge the state or suffycyencie of this present lyfe For chryste came not in to this worlde to rule or strayghten suche maner dedes for this present lyfe but onely for the lyfe to come And therfore the rule of temporall and worldly actes of men ben sondry maners and dyuerse facyons dyrectynge vnto these endes For the one that is to saye the lawe of god teacheth that in no wyse we ought to stryue or go to law or to aske our owne agayne afore a iudge albeit it doth not forbyd this And therfore it gyueth no specyall preceptes of suche thynges as we haue sayd afore But the other rule of these actes or dedes that is to wyt the lawe of man teacheth these thynges coÌ„maundeth transgressours to be punysshed wherfore in the. xii of Luke whan a certayne man desyred of chryste worldly or temporall iudgement betwene hym his brother Chryst made answere Thou man who hath ordayned me iudge or deuyder betwene you c. As yf he had sayde I am not come to exercyse such temporall iudgement wherfore the glose there sayth he dothe not vouche saue to be iudge of sutes or stryffes in the lawe nor to be iudge or vmpere of worldly goodê and substaunces whiche hath the iudgement bothe of quycke and deed and the arbytrement of them all Therfore the actes or dedes of men coulde not be sufficyently measured or ruled by the lawe of god or by the euangelycall lawe for the ende of this presente worlde And in dede the coÌ„mensuratyue rules of suche dedes to the proporcyon which men lawfully desyre for y e state of this present lyfe ben taught in the same lawe but supposed eyther gyuen or elles to be gyuen and taughte of the lawes of men without the which also for defaulte lacke of iustice it myght chaunce throughe the occasyon and contencyon of men fyghtynge and seperacyon and departynge of them and the insuffycyencie of mannes lyfe in this world which thynge in a maner all men hate and auoyde naturally It can not be sayd therfore accordynge to trouthe that the lawe or doctryne of the gospell is vnperfyte For it is not ordayned apte to haue y e perfeccyon of worldly maters But it was made and gyuen that by it iÌ„medyatlye we shulde be dyrected coÌ„cernynge those thynges and in those thynges whiche belonge to the obtaynynge or gettynge of euerlastynge saluacyon and to the auoydynge of euerlastynge mysery in whiche thynges it is very suffycyent and perfyte for it was not made to the determynynge of cyuyle contencyous busynes or maters appertaynynge to the ende whiche men desyre and lawfully in this worldly lyfe truely yf it shulde be called vnperfyte therfore it myght be called as conuenyentlye vnperfyte for that by it we are not taughte to hele bodelye dyseases or to measure quantyties or to sayle in the occyan see howbeit this maye be graunted safely that it is not vtterly perfyte for so there is no thynge perfyte but onely one that is to wytte god And to this sentence as beynge vndoubtedly true the glose after the mynde of Gregory beareth wytnesse vpon the syxte chapytre of the fyrste epystle to the Corynthyanes where he saythe I say it to your rebuke and shame They sayth Gregory shulde examyne erthly causes which haue gotten wysdome of exteryour thynges but those whiche are endewed with spyrytuall gyftes ought not to be wrapped or entangled with erthlye busynesse Nowe yf he had vnderstande by the wysdome of exteryour thynges and of erthly causes or contencyons the holy scrypture he wolde not haue sayde afterwarde but they whiche are induced with spyrytuall gyftes that is to saye with holy scrypture ought not to be entangled with erthlye busynesses neyther wolde haue seperated suche persones accordyng to this doctryne one of them from the other Moreouer because the apostle also the sayntes after one exposycyon had afore called them whiche had suche know lege and wysdome that is to wytte of exteryoure thynges contemptyble persones in the churche whiche thynge neyther the apostle neyther yet the sayntes expoundynge his wordes meaned or thought of them that were lerned in the holy scrypture Thus than how many and what maner legale actes of men there be by what lawes also and iudges howe and whan and by whome they are to be ruled made strayghte and amended I suppose we haue shewed suffycyentlye to the intencyon purposed of vs. ¶ Of the coactyue iudge of heretykes that is to wytte to whome it appertayneth to iudge them in this world to punysshe them by personall or reall punysshementes to whome or whose vse or behole these ought to be applyed or put vnto The x chapytre BVt of these thynges which we haue sayd it is doubted not with out a cause for yf the inflyccyon or exaccyon of real or personal paynes by coactyue iudgement of all persons that are to be coarted or punysshed in this present lyfe apê‘teyneth onely to hym that is heed gouernoure and prynce as it hathe ben shewed here tofore than it foloweth that the coactyue iudgement of heretykes or otherwyse infydels or scysmatykes and the inflyccyon exaccyon or applycacyon of reall and personall punysshement shall appertayne to suche prynce and gouernour whiche semeth and appereth to be a great inconuenyent For in asmoche as it appereth to belonge al vnto one to
the same auctoryte to knowe to iudge to correcte the offence or trespasse and it belongeth to the preeste or bysshop to dysserne the cryme of heresye and to none other it shall appere that both the counsayle the coactyue iudgement and the correccyon of this cryme shall appertayne or belonge to the preest or bysshop alone Moreouer the iudgement of the trespasser the exaccyon of punysshemēt semeth to appertayne to hym agaynst whome or whose lawe the trespasser hath offended but that is onely the preeste or bysshop for he is the mynyster and iudge of the lawe of god agaynst whiche lawe pryncypally the heretyke scysmatyke or otherwyse infydell doth offende trespasse whether it be a company or els a synguler persone it foloweth therfore y t this iudgement belongeth to the preeste in no wyse to the seculer gouernour And this appereth to be openly the mynde of saynt Ambrose in his fyrst epystle to Ualentian the emperoure and because it appereth and semeth that he meaneth the same throughout the hole processe of y e same epystle I haue lefte out his wordes here because of breuytie and shortnesse ¶ But let vs saye that that who soeuer trespasseth or offendeth agaynst the lawe of god is to be iudged corrected punysshed accordynge to the same lawe but as to wchynge to that lawe there is two maner of iudges The one a iudge of the thyrde sygnyfycacyon hauynge coactyue powre to coarte the transgressours of this lawe to exacte punysshemēt of them and this is but onely one that is to wyt Chryste as we haue shewed in the chapytre afore gone by the auctorytie of Iames in his iiii chapytre whiche iudge for all that hathe wylled and ordayned that all the transgressours of this lawe shalbe iudged by coactyue iudgement in the worlde to come and to be coatted with payne or punysshement onely in that worlde and not in this as it hath suffycyently appered of y e chapytre afore gone But the other iudge as touchynge to this lawe is the preeste or bysshop not a iudge of the thyrde sygnyfycacyon so that it belongeth not to hym to compell any transgressoure of this lawe in this worlde or to requyre or exacte any payne or punysshement vpon hym by powre coactyue as it hath ben openly shewed in the. v. chapytre of this dyccyon and in the last chapytre afore gone by the auctorytie of the apostle of sayntes by the inuyncyble reason of them yet that notwithstandynge he is a iudge of the fyrst sygnyfycacyon to whome it apperteyneth to teache to exhorte to rebuke and reproue synners or transgressours of the same lawe to put them in feare or drede with the iudgemēt of eternall dāpnacion the inflyccion of euerlastynge payne whiche shal be done to them by the coactyue iudge that is to wyt Chryste in the world to come as we haue declared in y ◠vi vii chapytres of this dyccion wher in we treated of the powre of the keyes gyuen to preestes also in the last chapytre afore this where we compared the preestes whiche are the leches or physycions of soules vnto the bodely physycyons as saynt Augustyne sayd by the auctorytie of y e prophete as the mayster of the sentence recyteth in the. iiii boke of y ◠sentences in the. xviii dystynccion the. ix chapytre for asmoch than as an heretyke a scysmatyke or any other infydell who soeuer he be is the transgressoure of the euangelycall lawe yf he shall contynue in that cryme or offence he shal be punysshed by that iudge to whome it belongeth to punysshe the transgressours of goddes lawe in that they are suche ones whan he shal exercyse his iudyciarie powre And this iudge is onely chryst which shal iudge the auycke the deed those that shall dye but yet in the worlde to come and not in this for of his great mercy he hathe graunted to synners that they maye repent or do penaunce euen vntyll theyr last departynge or passage from this world that is to wyt euen vntyldeth But by the other iudge that is to wyt the pastor or curate bysshop or preeste he is to be taughte and exhorted in this present worlde and the synner is to be reproued rebuked and to be put in feare and drede with the iudgement of eternal glorye or euerlastynge dampnacyon to come but not to be compelled in any wyse as it is euydent of y ◠chapytre last afore gone But yf it shal be prohybyted by the lawe of man that any heretyke or otherwyse infydell shall contynue or abyde remayne in any regyon who soeuer shal be founde in that regyon to be such one that is to wyt an heretyke or mysbeleuer and so iustlye manyfestly proued in that he is nowe a transgressour or breaker of the lawe of man he ought to be punysshed euen in this worlde with payne or punysshement ordayned set in the same lawe for suche transgressyon or offence and that by suche iudge whiche we haue shewed in the. xx chapytre of the fyrst dyccyon to be y ◠keper or mayntener of the lawe of man that is by the prynce or his deputie But yf it be not prohybyted by the lawe of man an heretyke or an other infydell to dwell abyde in the same prouynce with chrysten men lykewyse as it hath ben permytted to heretykes and to the sede of the Iewes nowe by the lawes of men euen in the tymes of chrysten people chrysten prynces chrysten bysshoppes than I say it is not lawfull for any man to iudge any heretyke or other mysbeleuer or to compell hym by any payne or punysshement eyther reall or personall for the state of this present lyfe And the cause generall hereof is for that no man though he synneth neuer so greatly agaynst any maner dyscyplynes speculatyue or practyue is punysshed or coarted in this worlde precyselye in that he is suche one but in that he synneth agaynst the cōmaundement of the lawe of man For yf it were not prohybyted by the lawe of man to be dronken to make or to sell noughtie leather or shoes that so yll wrought as any man may or wylleth to practyse false phisyke and falsely teache or to exercyse other occupacions euen as he lyste hym selfe the dronkarde or who soeuer dyd amysse in the other workes or occupacyons in no wyse shuld be punysshed And therfore we ought to marke to take hede that in euery maner coactyue iudgement of this world afore that sentence of delyueraunce or of condempnacyon be pronounced gyuen forth as cōcernynge the iust tryall of the truthe certayne thyngs at to be enquyred in ordre One is whether the worde or the dede wherof the persone is accused be suche as it is sayde to be And this is to knowe afore what it is whiche is sayd to be cōmytted The seconde thynge to be requyred is whether it be
for to teache vs practyse y e same thyngê by exaÌ„ple wherfore it is red in the seconde chapytre of Luke that the blyssed vyrgyn his mother wrapped hym in course clothes and that she layde hym downe in y â— Mawnger Beholde here that he was poorely borne in an other mannes house beholde that he was layde downe in a mawnger or cratche which was a place for beastê to be fed in And it is lyke to be true y t he was wrapped in cloutê borowed of another body because Ioseph the blyssed virgyn were strauÌ„gers pylgrymes or passengers in y t place he whiche was thus borne in pouertie lyued also in pouertie when he was growen in age wherfore speakynge of his owne pouerte in the viii of Mathewe in the. ix of Luke he sayde The foxes haue dennes the byrdes of the ayre haue nestê but the sone of man hath no place where he maye laye downe his heed And this state as beynge the state of pfeccion after al other preceptes counsayles duely accordyngly obserued fulfylled he taught them to electe chose those whiche be in wyll mynde to be his dyscyples cheyfe folowers namely his successours in y t same offyce which for the exercysynge wherof he came in to this worlde wherfore in the. xix of Mathewe in the. x. of Marke in the. xviii of Luke when a certayne man demauÌ„ded a questyon of hym sayenge in this wyse Good maystre what thynge shal I do to obtayne get euerlastynge lyfe Ihesus answered to hym sayd knowest thou the coÌ„mauÌ„demeÌ„tê Thou shalte not kyll thou shalte do no thefte c. he sayde agayne I haue obserued kepte all these from my youth when Ihesus had herde y t he sayde to hym yet thou lackest one thynge or as it is red in Mathewe yf thou wylte be perfecte go sell all that thou haste gyue it to poore folkes thou shalt haue a treasure in heuen Agayne in the. xiiii of the same Luke he sayde to his dysciples who soeuer of you dothe not renouÌ„ce al thyngê which he possesseth he can not be my dyscyple Lo here y t the state of pouertie despysynge of y e world besemeth euery ê‘fecte man namely the dysciple of chryst his successour in y e pastoral offyce yea moreouer this state is in a maner necessary to hym that ought to couÌ„sayle exhorte other vnto the despysynge of y â— world yf he do intende purpose y t any profyte or good shal growe of his teachynge or preachynge for yf suche maner ê‘sone doth possesse ryches desyreth domynyoÌ„s soueraygneties which teacheth other men vnto whome he speaketh to despyse these thyngê that persone verely by his owne workynge doynge doth manyfestly reproue rebuke his owne preachiÌ„ge wordes wherfore Chrisostome agaynst suche preachers in his boke of the compunccyon of herte sayth in this wyse To say not to do is not onely no lucre or aduauÌ„tage but also very moche losse hynderaunce for verely it is a great coÌ„deÌ„pnacion to hym that ordereth wel trimeth his speache but regardeth nothiÌ„ge his maner of lyuynge This same also is y â— mynde of Aristotle in the fyrst rhapytre of the. x. boke of his etykes where he sayth thus For when the wordê be dysagreynge from y e workê of hym y t speaketh whiche workes be sene perceyuyd by other bodely sences the sayd workes destroye the trouth y t he whiche ordereth and triÌ„meth his wordes so well can not be beleued And he sayth a lytle after y e wordes which be agreynge vnto the workê or dedê shal be beleued and therfore chryst whiche knewe howe all thyngê were to be done most coÌ„uenyently wyllynge credence to be gyuen vnto his wordes wherby he taught the coÌ„tempte of the world the despysynge eschewynge of worldly vanyties carnall pleasures he counsayled y t the workes shulde be coÌ„formable to the wordes or doctryne wherfore in the. v. of Mathewe he sayth to all that shulde after wardê be doctours teachers of such thyngê in the persone of the apostles let your lyght y t is to wyt your doctryne whiche is coÌ„pared to lyghte so shyne before men y t they maye se your good workê where the glose sayth these wordê I requyre workê y t they may be sene so by the reason of them that your doctryne may be confyrmed establysshed for els lytle credence is gyuen to the wordes doctryne where the workê be not sene wherfore y â— glose vpon that texte in the. x. of Mathewe do not you possesse golde nor syluer c. shewynge y â— cause hereof sayth in this wyse yf they had these thynges that is to wyt golde syluer c. they myght seme to preache not because of soule helthe but for cause of lucre aduauntage for the teachers or pastours of other men possessynge suche thyngê do rather destroy the fayth deuocyon of men with theyr coÌ„trary workes exaÌ„ples then strength establesshe them with theyr wordes doctryne that because they do set theyr owne workes dedes manyfestly agaynst theyr owne teachynge of which workê men take hede rather then of the wordes it is greatly to be feared least at the last throughe the lewde exaÌ„ples of theyr workes they do brynge the chrysten people to the desperacyon of the world to come For such be the exaÌ„ples workes in a maner of all the mynysters of the churche bothe of bysshpps or preestê of other clarkes coÌ„sequently moste euydently of them which sytteth vpon the greatest trones or chayers of y e churche that is to say whiche be in most hyghe rowmes auctorytie that they do seme no thynge at all to beleue that there shall be any iudgement of god done in an other worlde for let them tel I beseche them with what coÌ„scyence towardes god yf they do beleue that there shall be made a ryghtwyse iudgemeÌ„t of god in y e worlâ— to come done y e most parte of the popes of Rome theyr cardynalles with other preestê or bysshoppes whiche be made ouerseers put in truste to take charge of soules to dystrybute the teÌ„poralles of the churche to poore folke also in a maner all other deacons clarkes of euery sorte accordynge to theyr powre why do they I say of the thefte or robery of suche teÌ„porall goodes whiche haue ben ordayned bequest by deuoute chrysten men for the susteÌ„tacion of the preachers of goddes worde of theyr poore folke eyther delyuer whyles they be lyuynge or els bequeth when they be dyenge as great suÌ„mes of money as they may not to y â— poore and nedy people but to theyr nere kynsfolke or to other who soeuer they be robbynge wherof no man doubteth the poore men of the same goodes Let them tell also I requyre them with what coÌ„scyence accordynge to
or operacyon of hym that coÌ„maundeth but as ofte as it is referred to y â— subiecte it is all one with the thynge that is wylled to be done by the gyuynge of a coÌ„mauÌ„dement and that it is sayde passyuely This nowne precepte then taken actyuely and coÌ„menlye is sayde of the ordynaunce or statute of a prynce or gouernour aswell an affyrmatyue as negatyue statute byndynge the transgressour to some payne or punysshement but properly and after the vsage of this worde nowe a dayes it is taken onely for a statute affyrmatyue for an affyrmatyue statute hath not any propre name belongyng to it selfe after the vse but hathe kepte to it selfe the coÌ„men name precepte But a statute negatyue hathe a propre name belongynge seuerally to it selfe For it is called a prohybycion And I call y t an affyrmatyue statute wherby any thynge is ordayned to be done And I call that a negatyue statute wherby it is ordayned some thynge not to be done and yf suche maner ordynaunce or statute be affyrmatyue byndynge the transgressour therof vnto payne or punyshement it is called a precepte But yf it be a negatyue ordynaunce also byndynge the transgourssours vnto any payne it is called a prohybycion And this worde prohybicion is sayde two maner of wayes actyuely and passyuely euen lykewyse as the worde precepte and these two ordynacyons byndynge the transgressoure vnto some payne are for the moste parte expressed in the lawes eyther accordynge to theyr owne kynde or elles after a lyke or proporcyonale kynde An other maner waye this nowne precepte is taken more straytly or narowly in the lawe of god and lykewyse this worde prohybyted for that statute onely whether it be affyrmatyue or negatyue whiche byndeth to eternall payne and after this maner the deuynes vsen these wordes when they do saye that the preceptes be of the necessyte of helthe saluacyon that is to saye nedely to be obserued yf any man ought to be saued wherfore it is red in the. xviii of Luke yf thou wylte entre in to lyfe kepe the coÌ„maundementes that is to saye preceptes And there be certayne ordynauÌ„ces expressed or vnderstanden onely in the lawes but affyrmatyue and also negatyue eyther aboute one and the same acte or aboute dyuers and sondrye actes which done not bynde the doer or els hym that leueth it vndone to any payne or punysshemente as to exercyse or to not exercyse the worke of lyberalytye and so lykewyse of certayne other workes and suche be properly called thynges permytted by the lawe Albeit that this worde Permissum taken coÌ„menly or generally is sayde otherwhyles of statutes byndynge to payne for euery thynge that is coÌ„maunded by the lawe for to be done y e same thynge is also permytted by the lawe to be done but not contrary wyse euery thynge is coÌ„maunded whiche is permytted So lykewyse what soeuer is prohybyted or forbeden by the lawe for to be done the same thynge is also permytted by the lawe not to be donè Agayne of these thynges whiche be properly permytted that is to say whiche byndeth not to any payne some be merytoryous accordynge to the lawe of god and these be called couÌ„sayles and certayne be not merytoryous and these be called by the coÌ„mune name permyssyons or thynges permytted whiche wordes also so taken that is to saye generally and also specyally or properly are sayd two maner wayes that is to wyt actyuely and passyuely lykewyse as the wordes prohybycyon and precepte or coÌ„maundement But these permyssyons for the moste parte be not expressed accordynge to theyr propre nature and kynde in the lawes namely in the lawes of men for cause of the great multytude of them and also because the generall ordynaunce of them is suffycient in this for euery thynge that is not coÌ„maunded or prohybyted by the lawe is vnderstanden to be permytted by the ordynauÌ„ce of the lawe maker or prynce A precepte therfore accordynge to the lawe in his propre sygnyfycacion is an affyrmatyue statute byndynge the traÌ„sgressour of it to payne or punysshemeÌ„t And a prohibycion pperly is a negatyue statute byndynge to payne or punysshement And a permyssyon ê“perly is the or denauÌ„ce or statute of the law maker byndynge no man to payne after which propre sygnyfycacions we must vse these sayd nownes And of these thyngê thus declared it may coÌ„uenyently appere what this worde Licitum in englysshe laufull doth sygnyfye what we do meane by it for euery thynge which is done accordynge to y e precepte or permyssyon of the law is laufully done is a lauful dede what soeuer thynge is lefte vndone accordynge to the prohybycion or permyssy on of the lawe is laufully lefte vndone maye be called laufull but the coÌ„trary of these may be called vnlaufully done or vnlawfully lefte vndone hereof also it may appere to vs what this worde Phas betokeneth For in one sygnyfycacion this worde phas this worde Licitum ar alone so y t what soeuer is phas y e same is licitum what soeuer is licitum y e same is phas so it may be englysshed laufully In an other sygnyfycacion this nowne phas betokeneth y t thyng which it is reasonably presumed that the maker of the lawe or prynce hath permytted albeit that suche a thynge be absolutely or tegulerly prohybyted as otherwhyles to passe throughe an other mans grouÌ„de or to handle an other mans thynge with out the expresse consente of the owner it is phas albeit y t it is not called ryght or laufull regulerly after any of the wayes maners of these wordes afore rehersed for the handelynge of an other mans thynge is regulerly prohybyted but yet in such a case or chaunce it is phas in which it is reasonably presumed y t the owner or lorde of the thynge dothe coÌ„sent all thoughe he dothe not graunt it â–ª expressely for whiche consyderacion or cause there is nede other whyles in suche thyngê of fauorable interpretacyon of the lawe which of the Grekes is called Epikeia thus then this nowne Ius after one sygnyfycacyon is asmoche to say as the lawe of god or the lawe of man or els a precepte or a prohybycion or a permyssyon accordynge to these lawes But there is a certayne other dyuysion of this nowne Ius specyally of Ius humanum that is mans lawe in to Ius naturale that is y â— lawe of nature Ius ciuile that is the cyuyle lawe The lawe of nature after y e mynde of arystotle in the. iiii boke of his etykes in the treatyse of Iustyce is called that statute of the lawe maker in whiche as beynge honest to be obserued in a maner all men do consente and agre togyther as that god is to be honoured that our parentê are to be worshypped had in reuereÌ„ce that the father mother shulde norysshe and brynge vp theyr chyldren vntyll a certayne season that we ought to do wronge
keyes of the kyngdome of heueÌ„s as it shal be more largely declared in the nexte chapytre folowynge And this was openly the mynde of saynt Ihetome in aforesayd epystle in whiche after y t he had shewed by many auctorytes of y e aforesayd apostles y t in the prymatyue churche or in the tyme of the apostles a preest or senyour a bysshop or ouerseer was vtterly all one in the essenciall dygnyte gyuen to them of chryst shewynge y e cause of the sayd thyngê he sayth thus but that one was electe which shuld be aboue other it was done for the remedye of scisme deuysyon leste yf euery man shulde drawe vnto hymselfe the churche of chryst by the reason therof myght be broken or deuyded in sondre For in Alexandria also from the tyme of Marke the euangelyst vnto y t tyme of Hereidas Dionise byssshops y t preestê alwayes chose one amoÌ„ge themselues whome they dyd set in an hygher degre called hym bysshop or ouerseer moche lyke as yf the hoost or army shuld make an emperour Or els as yf the deacons dyd chose one amonge them selfe whome they do knowe to be dylygent and wyse and dyd cal hym an archdeacone For what dothe the bysshoppe ordynacyon onely excepted whiche a preeste myght not do as touchynge to the actes or workes belongynge to y e essencial auctorite For Iherom where he speaketh of ordinacion dyd not vnderstande therby ordynacyon the powre and auctoryte to gyue or the gyuynge of holy ordres for the bysshoppes do nowe adayes many thynges besyde the gyuynge of ordres and so dyd the bysshoppes also in saynt Iheroms tyme whiche thyngê the preestes do not Albeit y t to the gyuynge of al the sacrameÌ„tes by y e dyuyne powre any preest may do as moch as y e bysshop But Iherome vnderstode therby ordynacyon the powre of orderynge suche thynges as pertayne to the seruyce of god other thynges aforesayd gyuen to hym iÌ„medyatly of man or men whiche thynge I do confyrme both by reason and the auctoryte of the same Iherome The reason is this for there hath ben many elected bysshops by the whole people or coÌ„munaltie as saynt Clement saynt Gregory saynt Nycolas many other sayntê to whome it is vndoubted that no greatter holye ordre nor any inwarde characte was gyuen by the people or by theyr felowe preestê but onely powre auctoryte to dyspose ordre the ceremonyes seruyce of y e church to dyrecte rule the mynystres of the temples as touchynge to the exercyse of goddes seruyce in the temple or howse of god for which cause consyderacyon also such persons elected to dyrecte other preestes in the temple and to instructe the people in suche thyngê which appertayne to the fayth called bysshoppes of the olde law makers as of Iustiniane and of the people of Rome were than called Iconomireuerendi And the hyghest of them was called of the same lawe makers Iconomius reuerendissimê° And therfore accordynge to the trouth after the mynde of saynt Iherome a bysshop is none other thynge than an archpreest And that the essencyall dygnyte of a bysshop and of a preeste is all one neyther that one bysshop hath more large essencyall auctoryte than an other bysshoppe Neyther one preeste than an other preeste saynt Iherome also expressed in the aforesayd epystle whan he sayde Neyther it is to be iudged or thought that there is one churche of the cytie of Rome and an other of the whole worlde Bothe Fraunce Englande and Affryke Perselande and the Eest and the west and Inde al Barbarouse nacyons do worshyp one chryste they all do obserue and kepe one rule of the trouth yf auctoryte be sought the whole world is greatter than a cytie where soeuer he shall be bysshop whether it be at Rome or at EngobinÌ„ or at Constantinople or at Regium or at Alexandrie or at Rachane they are all of one the same meryte and all of one preesthode The powre and myght of ryches and the lownes of pouerte maketh an hygher or a lower bysshop but they are all the successours of the apostles But there at certayne other instytucyons not essencyall of the offycê belongynge to preestê as for exaÌ„ple the eleccyon which we haue spoken of a lytle heretofore wherby one of them is taken or chosen to the ordrynge or gouernynge of other as touchynge to those thynges whiche appertayneth to the worshypynge of god or the dyuyne seruyce also the eleccyoÌ„s instytucyons of certayne of them to teache instructe the chrysten people to mynystre the sacrameÌ„tê of y â— newe law to a certayne people in a certayne place appoynted greatter or smaller And also to dyspence dystrybute both to hym selfe also to other pore men certayne teÌ„porall thyngê appoynted ordayned by the kynge or by a plyament for the sustentacyon of poore preachers of the gospel in a certayne prouynce or coÌ„munyte also for the sustentacyon of other poore folkes but yet of y â— onely whiche shalbe superfluous more than nedeth to the suffycient fyndynge of the preachers of the gospell which teÌ„porall goodes so appoynted ordayned to suche vse are after the coÌ„mune vse maner of speakynge nowe a dayes called the benefyces of the churche for these are coÌ„mytted betaken to the mynystres of the teÌ„ples to be bestowed vpon the aforesayd vses to the mynysters I saye therunto ordayned in a certayne prouynce For by the auctoryte essenciall by which they are the successours of the apostles they are not more determyned to teache instructe the people and to mynysters the sacramentes of the newe lawe in one place than in an other but lykewyse as the apostles were not determyned or appoynted to any certayne places to whom it was sayde Go therfore teachr all nacions Chryst dyd not appoynte them to certayne places but they afterwae des amonge them selues deuyded the peoples and prouynces to them selues in whiche they wolde preache shewe the worde of god or the lawe of the gospell and somtyme they were taught where they shulde preache by the reuelacyon of god wherfore also it is red in the seconde epystle to the Galatianes They gaue theyr ryght handes to me and to Barnabas in token of felowshyppe that is to wyt Iames Peter and IohnÌ„ that we amonge the gentyles and they amonge the Iewes c. So than of the premysses it appereth of whome as of the cause effycyent the instytucyon of preesthode is and of other holye ordres Truely of god or chryste imedyatlye albeit there gothe before as preparynge a certayne mynysterye of man as the layenge one of the handes the pronounsynge of certayne wordes whiche peraduenture doth nothynge to this but are so put before of a certayne promyse or ordynauÌ„ce of god It appereth also of y â— same premysses y t there is a certayne other instytucyon made by man by whiche
Neyther it maketh any skyll or force whiche of y â— apostles layde on his haÌ„des wherfore it is wryten in the thyrde chapytre of the fyrst epystle to the Corynthianes Let no man glorie or reioyse in men whether it be Paule or Apollo or Cephas that is to wyt Peter c y t hathe baptysed you or otherwyse layde haÌ„des it maketh no force Furthermore the bysshop of Rome is not or ought not to be called syngulerly the successoure of saynt Peter for cause of the puttynge or layenge on handes for one may be coÌ„uenyently bysshop of Rome vpon whom saynt Peter neuer layde haÌ„de neyther medyatly ne yet iÌ„medyatly Neyther agayne he ought to be called y t successour of Peter for y t see or determynacion or appoyntmeÌ„t of y e place Fyrst because none of y e apostles was determyned or appoynted at al by y e law of god to any people or place for it was sayd in the last chapytre of Mathewe to them all Go you therfore teache you all nacyoÌ„s agayne because it is red that Peter was at Antioche before that he was at Rome Moreouer because thoughe Rome were made inhabitable destroyed yet the successyon of Peter shulde not therfore perysshe but Peter shulde haue a successour Furthermore because it can not be proued neyther by the lawe of god neyther by the scrypture althoughe it doth call men to the belefe of it selfe of the necessyte of saluacyon that it was ordayned or appoynted by chryste or by any of the apostles that the bysshop of any determynat prouynce or dyocese is or ought to be called spyritually the successour of Peter or of any other apostle superyour to other the case put that the apostles had ben neuer so vnegall in auctoryte but that persone or those persones be rather some maner way more the successours of Peter of the other apostles whiche be more coÌ„formable to the lyfe and holy maners coÌ„uersacyon of Peter the other apostles for such maner men the blyssed apostles wolde answere yf they were asked the questyon to be theyr successour moche lyke to the answere of chryste theyr mayster in y e. xii of Mathewe where when one sayd to hym Thy mother thy brethren stonde without y e dores sekynge the or wylliÌ„ge to speke with the he answered sayd who is my mother or who be my brethren who soeuer shall fulfyll the wyll of my father which is in heuen he is my brother suster mother whiche of the bysshops then or preestê is more worthy to be called the successour of the apostles doubtles he whiche foloweth them more in theyr coÌ„uersacion workê But yf any man shall say y t any bysshop is therfore pryncypally made the successour of saynt Peter because he is elected by the clargy of Rome or by the clargy with the resydue of the people to the bysshopriche therfore to be made bysshop ouerseet of the vnyuersal churche althoughe more spyrytually he belonge to the cytie of Rome aslonge as it shall remayne vndystroyed it is to be answered sayd that albeit this sayeÌ„ge may be many wayes repreued yet it may suffycyeÌ„tly be disproued put by by this one waye seynge that it can not be ê“ued by the holy scrypture but rather the coÌ„trary of it as it hath ben shewed here before shall be shewed more largely in y â— chapytre nexte hereafter folowiÌ„ge wherfore as lyghtly as it is sayd so lyghtly it may be denyed But wherby or how for what cause the priÌ„cipalyte or superiorite hath com to the bysshop and churche of Rome yf suche superyorite be dewe to them aboue other bysshops churches it shall be sayde seryously earnestly in the. xxii chapytre of this dyccyon But thoughe these thyngê aforesayde be meruaylouse vnwonte to be harde yet this that foloweth is more meruaylouse bycause it is more vnwonte strauÌ„ge it shal peraduenture seme at y â— least wyse inopinable yf it do not seme false That by y e certayne vndoubted testymony of y e scrypture it may be proued y t the bysshops of Rome as touchynge the prouynce nacyon ben rather the successours of the apostle Paule then of Peter namely in the episcopall see of Rome And moreouer whiche shall seme excedyngly more meruaylouse then this before rehersed that it can not be proued by the holy scrypture that the bysshoppes of Rome ben the especyal successours of saynt Peter by reason of the determynacyon of the prouynce or see but rather that they for that cause are the successours of Peter whiche haue ben bysshops and haue set or don set in the epyscopall see of Antioche more then the bysshoppes of Rome And the former of these two sayengê may be proued by this that albeit saynt Paule was generally sent to all nacyons lykewyse as euery one of the other apostles was wherof it is red in the. ix of the actes he is a chosen vessell vnto me for to bere my name afore the gentyles and kynges and sones of Israell but yet specyallye pryncypally he was the apostle of the gentyles lykewyse as Peter was the apostle teacher of the Iewes as well by reuelacyon as by the ordynacion of the apostles amonge them selues wherfore it is red in the seconde to the Galatyans whan Iames Peter IohnÌ„ had perceyued and sene that the gospell of vncyrcuÌ„cisyon that is to saye of the Gentyles was betaken to me as the gospell of cyrcuÌ„cysyon that is to saye of the Iewes was betaken to Peter c. and the apostle meaneth in both places the preachynge of the gospell to the gentyles to the Iewes to haue ben coÌ„mytted to hym to Peter pryncypally for both Peter myght preache to the Gentyles and Paule to the Iewes yf cause or necessyte had so requyred Albeit that the pryncypalyte amonge the Gentyles by mynystrynge of the gospell dyd beloÌ„ge to Paule the pryncipalyte of mynystrynge the same to the Iewes dyd belonge to saynt Peter as the glose expoundeth the same place after the mynde of Augustyne Agayne in the. xxii of the actê it was sayde to Paule beynge in a traunce by reuelacyon Go thy way for I shall sendethe in to farre nacyons Agayne in the. xxviii the last of the actes it is sayde so we came to Rome And a lytle afterwarde the apostle speaketh to y e Iewes in rome sayenge Be it therfore knowen to you that this holsome gospell of god is sent to the gentyles they shal here it he remayned or dwelled hole two yeres in a howse that he hyred receyued al men that cam in to hym preachynge to them the kyngdom of god Agayne he hym selfe wytnesseth this more specyally in the. xi to the Romayns where he sayth For I say to you geÌ„tyles y t as loÌ„ge as I am y e apostle of the gentyles I shall do honoure to my mynysterye yf I may by any meane
other euydent coÌ„modytes and profytes whiche I shall assygne hereafter ¶ These thynges than thus premysed and put before nowe coÌ„mynge pertycularely and specyally to the thynges purposed in the begynnynge of this chapytre Fyrst we shall shewe that of suche determynat instytucyon of the apostles to certayne peoples and prouynces the moste coÌ„uenyent cause effectyue imediat was the reuelacion of chryst or els y â— able ordynacion of them amoÌ„ge themselues afterwardes we shall shewe that the imedyate cause effectyue of the determynate instytucyon of theyr fyrst successours afore the conuercion of the people was the expresse wyll of all the apostles or els of many of them yf other all or els many of them were present togyther in one place or prouynce in whiche it was necessarye to ordayne and instytute a preest or bysshop or elles onely one of the apostles accordynge to the dysposycion of the place and people and tyme. Laste of all we shall shewe that after the dethe of the apostles or in theyr absence the secondarye instytucion of bysshops and of other spyrytuall mynysters or mynystres of the churche after the most conuenyent manere possyble to the conuersacyon of man was done by the vnyuersyte or hole congregacion and multytude of the chrysten people in the place or prouynce ouer whiche the sayde bysshoppes or mynystres ought to be instytuted and ordayned rather than by any other pertyculare coÌ„panye or persone and so afterwarde the other thynges shall be shewed coÌ„sequeÌ„tly ¶ The fyrste therfore of these maye appere that is to wytte that there can be no more conuenyent cause assygned of the aforesayd determynacion of the apostles to a certayue place c. than the deuyne reuelacyon or y e conuenyent delyberacion of them amonge themselues for as moche as in neyther of these two there semeth any erroure or malyce to haue chaunced or come betwene for of the deuyne reuelacyon no man doubteth And as for the eleccyon made by the apostles it semeth probable and to be beleued that they were inspyred with the holye ghost as we haue alledged here tofore of the. xx chapytre of IohnÌ„ ¶ Furthermore I say that of the secondary instytucyon or determynacyon or assygnement of theyr fyrst successours namely afore the conuersyon of peoples the imedyate cause effectyue or doer was and ought to be all or many of the apostles or some one alone of them after the maner aforesayd as yf all togyther or many or elles but one alone of them were founde in that place And this is proued fyrst by the scrypture for we rede in the. vi of the actes that the apostles dyd after this maner in the instytucyon of the deacons yea and that touchynge the fyrste and essencyall as we do call it instytucion of them For it is sayde in the same chapytre They sette these men vnderstande thou whiche were to be made deacons afore the syght of the apostles and they that is to wyt the apostles makynge theyr prayers layde theyr handes vpon them They dyd not than bryng them to Peter alone but they brought them afore the syght of the apostles Neyther Peter alone toke vpon hym auctoryte seuerally to put his handes vpon them but the apostles dyd put handes on them And this is also agreable to reason For it is lyke to be trewe that all or many of the apostles togyther toke more sure councell and dyd lesse erre aboute the persone to be promoted outher to preesthode or to any other holy ordre than any one of them taken seuerally by hymselfe as we alledged afore in the last chapytre that for this cause they assembled with the other senyours or preestes to determyne the doubte aboute the lawe of the gospell in the facte or worke of cyrcuÌ„cysyon Agayne by this coÌ„mune assente was taken awaye the mater and occasyon of offence and contencyon whiche of lykelyhode shulde haue rysen amonge them yf any one of them in the presence of the other wold haue taken vnto hym any powre or superyoryte aboue other whiche contencyon rysen amonges them euen by chrystes tyme Chryste determyned and ended by this shewynge and expressynge y â— equalyte of them as we haue here tofore alledged of the. xxii of Mathewe and the. xxii of Luke and also haue shewed it more largely by â–ª y e apostle also and the exposycyons of the sayntes in the chapytre last afore gone Moreouer it was most resonable so to do that therby they myght take away the presuÌ„pcyon of suche syngularyte from all theyr successours and also gyue them example of doynge lykewyse as it shall be shewed hereafter in the. ix parte hereof by the glose vpon the. vi chapytre of the actes ¶ But yf they were not all togyther or elles many of them in the place where it was nedefull to make a bysshop or ouerseer and gouernour to some multytude of chrysten men for the kepynge of them in the fayth it is to be sayde verely that one of them alone myght lawfully do this thige namely where was but a small multytude of chrysten people and the same rude and vnskylled to dyscerne what persone was moste conuenyent for the offyce of a bysshop or ouerseer and cheyfelye where was not many suffycyent or able persons for this sayde offyce whiche thynge chaunced often tymes to Paule and to his fyrste successours as it appereth suffycyentlye of the actes of the apostles and of his owne epystles vnto Timothe and Tite And that suche maner instytucion myght lawfully and ought to be made by one of them alone it maye be proued by this that therby was chosen the beste and most conuenyent pastor For outher it was lawfull for eche one of them at his owne pleasure to make hymselfe ouerseer vnto other in the mynysterye of the gospell or els this thynge ought to be done by the eleccion of the multytude beynge subiecte or elles by some of the apostles beynge there prsente Of the fyrst waye slaundre and erroure myght haue chaunced slaundre or offence I saye yf two persons or mo wolde haue taken this auctoryte vnto them Erroure also or insuffyciencie and vnablenes of the pastor lykewyse For most coÌ„munely fooles or ambicious persons desyreth and goeth aboute to take vpon them dygnyties and prelacies more than vertuose or wysemen And of the seconde way that is to wyt yf the prelate shulde haue ben made by the eleccyon of the multytude erroure insuffyciencie of the persone promoted myght of lykelyhode haue chauÌ„ced by the reason that the sayd multytude was weke bothe in nombre and also in knowlege for they were rude and ignoraunt at the begynnynge in mayne prouyncê namely out of Iewrye and easye to be begyled as it appereth of the holy epystle to the Galatians and of many other epystles wherfore the apostle in the thyrde of the fyrste epystle to the CoryntheaÌ„s sayth thus And I brethren myght not speke to you as to spyrytuall persones but as to carnall persones as to
vnto and also bryngynge with them the brasen bely and thyghes by theyr lewde promyse of suche thynges and by vocale absolucyon thoughe dysceytful of synnes and paynes and by the iniuste condempnacyon cursynge thoughe throughe godes defence it doth no hurte of them whiche defendeth theyr owne lybertye and are wyllynge to obserue theyr faythe and allegyaunce dewe to theyr prynces and gouernours But the soles of the fete the toes beynge of molde or erthe and by reason therof brytle and easy to breke what other thynge do they represente than the vnconstancye and vnstablenes of the courte of Rome what other thynge do they sygnyfye or betoken than the feblenes of y e occasyoÌ„s because I wyll not saye the falsytie and iniquyte of them euydently knowen of all men vpon which occasyons the pope of Rome groundeth hymselfe and wherunto he leaneth agaynst the faythfull people of chryste for to oppresse them But as the same prophet doth wytnesse and recorde vpon this Image shall fall a stone cut out of an hyll without handes that is to say a kynge whome god shall rayse vp elected by his grace of the vnyuersyte of men that is to wyt by gyuynge to hym powre and whose kyngdom shall not be gyuen to an other This kynge I saye more by the vertue or grace of the trynyte than by the worke or powre of y t haÌ„des of men shal fyrst of all crusshe breke y e earthy part of this terryble and horryble monstruouse Image that is to wyt his fete where vpon he standeth vnconuenyently that is to wyt causynge the false and vniuste causes and baulde occasyons as I may call them more truely with the poetet to be knowen vnto all prynces and peoples the sopheme and dysceyte of them beynge opened and dysclosed and impungned by humayne demonstracyons and dystroyed and anulled by the veryties of holy scrypture and afterwarde shall breake the yerne partê of the same by puttynge awaye his cruell and wycked powre and consequently shall cause the brasen partes that is to wyt the auctoryte of cursynge whiche he hath presumptuously taken vpon hym vpon peoples and prynces and the troublous noyse and stryfe of seculare iurysdyccyons vsurped and consequentlye of causes and vexacyons to kepe sylence and to be dombe And the excesses and superfluyties of voluptuous pleasures and the pompes and vanyties to cease last of all he shall subdue and dystroye the golde and syluer of the same Image that is to wyt the couytousnes the robberye of the bysshop of Rome And so accordynge to the mynde of the aforesayd profyte the yerne the earth the brasse the golde and y e syluer of the sayd Image shall be broken al togyther that is to say all the vyces and excesses of the abouesayde courte shal be quenched and dystroyed as it were strawes brente vnto asshes and caryed awaye with the wynde for that thynge whiche is bothe agaynst nature and agaynst the lawe bothe of god and man contrary to al reason that thynge can not longe abyde or coÌ„tynewe ¶ Howe and after what maner the bysshop of Rome hathe vsed the aforesayd maners of fulnes of powre inespecyall without the ecclesiastical lymytes towardes laye men and towardes cyuyle or temporall thynges The xxv chapytre NOwe it remayneth vnto vs to searche out after what maner and facyon and in what thynges the bysshops of Rome haue vsed hytherto and do vse the fulnes of powre whiche they haue taken vnto them selues without the ecclesiasticall lymytes but yet we wyl fyrst make rehersall and call to remembraunce the vsage and customes of the prymatyue churche and the procedynge of the same euen from the begynner and heed therof whiche is chryste and from the fyrste promoters and setters forwarde therof the holy apostles For he that is to wytte chryste cam in to the worlde to teache and also to exercyse the offyce of a preeste or of a pastor and feder of soules For he beynge the interpretoure and expounder of the lawe of eternall helth declared breyfly the same law wherin was comprehended the forme and exercyse of the sacramentes the preceptes also and counsayles of the thyngê to be beleued of the thynges to be done of the thynges which are to be despysed and eschewed to the inherytynge or deseruynge of eternall felycyte or beatitude whiche we call eternall lyfe But as for the iudgement of cyuyle or temporall actes the offyce of a seculer prynce or gouernour he refused it expresly renounced it and coÌ„maunded or counseyled all the apostles and the successours of hym them in the offyce aforesayde to renounce the same lykewyse and expressed hym selfe by y e ordynacion of god to be subiecte to the iudgemeÌ„t or coactyue powre of pricê of this world with al his apostles they also expressed theÌ„ selues to be subiectê to y e sayd seculer pricê both by theyr dedes also by theyr wordê doctryne doctryne as it hathe ben euydently shewed by the scrypture the exposycyons auctoryties of sayntes doctours in the. iiii v. chapytres of this dyccion and hath also ben somwhat declared by polytyke reasons in the. viii ix chapytres of the same And he exercysed also those powres and graunted the same to be exercysed of the apostles and to theyr successoures in the persone of them and obserued also moste hyghe and perfyte pouertie hym selfe and taught coÌ„maunded or councelled them and the successours of them to obserue and kepe the same accordynge to the maner before rehersed and declared ¶ This forme and maner of lyuynge and of exercysynge the sayd offyce accordynge to the aforesayd powre the apostles dyd obserue and kepe as beynge y â— chyldren of obedyence The same also the bysshops of Rome and other successours of the apostles hathe obserued many of them thoughe not all well neare vntyll the tyme of CoÌ„stantyne the fyrst emperoure of the Romaynes For certayne of them dyd possesse landes or lordshyppes amonge whome Orbane the fyrste bysshop of Rome is red to haue ben the fyrst for vntyll his tyme the churche and colledge of preestê lyued after the maner of chrystes lyfe and of his apostles that is to wyt obseruynge meretor yous most hyghe or perfyte pouertie And albeit peraduenture that the aforesayd Orbane dyd this thynge pryncypally that we may iudge his intent as cherytably as we maye to the beste for pytie for the succurrynge and releuynge of poore people for mercye yet for all that yf he toke vnto hym selfe the powre to chalenge suche maner landes or the prouentê or rentes therof afore a coactyue iudge or yf he had powre and auctoryte to sell the sayde landê and to dystrybute the pryce of them vnto poore folke and dyd not sell and dystrybute them whether he dyd it wyllyngly or through ignoraunce doubteles he declyned swarued from the most hyghe pouertie aforesayd or from the state of perfeccion whiche maner also very many Bysshops
and all his doctryne of the gospell By which pharyseys were sygnyfyed and vnderstanded all sophisticall and false teachers of holy scrypture of whiche sorte be these persecutours of the Romayne emperour and of other innoceÌ„t true chrysten people in the persone of whome beynge the membres of Chryste these wycked persones that is to wytte the bysshoppe of Rome and his complyces also dothe persecute Chryste and dothe agaynst hym with all theyr dylygence and laboure And Chryste sheweth the cause afterwardes why we ought to despyse these false teachers For they are sayth he blynde and the guydes of blynde men wherfore sayth he yf one blynde man be guyde to an other blynde man bothe of them falleth in to the dyche So than accordynge to the counsell and teachynge of chryste whiche teachynge euery chrysten man ought to folowe these false teachers are to be lette alone and to be despysed because they are bothe blynde with auaryce or couetousnes with pryde and ambycion them selues also the guydes of blynde men that is to wytte of couetouse proude and rebellyous persones Whiche false teachers also not regardynge or not lystynge to regarde the precept of y e apostle or rather of god sayenge playnlye without any metaphore in the. xiii chapytre to the Romaynes Let euery soule be subiecte to the hygh powers do teache openlye subiectes to rebelle agaynst theyr prynces and gouernours And suche persones so rebellynge and by theyr gylefull and vniuste perswasyons inducynge other men to rebellyon do resyste the ordynacyon of god So saythe the apostle in the sayde chapytre who soeuer saythe he resysteth the powre that is to saye the seculare gouernoure resysteth the ordynacyon of god Of whome the same apostle hathe prophesyed in the fourthe chapytre of the fyrste epystle to Timothe and in the thyrde of the seconde epystle to the same Timothe whan he sayde This knowe thou that in the laste dayes there shall be peryllous tymes towarde and there shall be men louynge theyr owne selues couetous proude hyghe mynded blasphemous persons not obedyent to theyr parentes vnder this worde parentes comprehendynge prynces and gouernours wherfore Tully De officiis in the fyrste boke saythe The prynces ben the contrey and our parentes by whose great benefytes we are bounden to be obedyent dysobedyent therfore to theyr parentes is as moche to saye as dysobedyent to the prynces and it foloweth in the sayenge of Paule Vnkynde persones full of myscheyfe vnfaythfull kepynge no promyse without coÌ„passyon in any goodnesse without peace traytoures lecherous persones cruell without benygnyte false accusers lewde toÌ„ged frowarde swolne or puffed vp with pryde louers of pleasures more than of god hauynge in dede the face of holynes that is to saye apperynge to do those thynges whiche they do for the honoure reuerence and loue of god but in very effecte denyenge the vertue of it that is to wytte of suche holynes or deuocyon whiche thynge it is easy for all men to knowe by theyr workes accordynge to that texte in the. vii chapytre of Mathewe Take you hede and be ware of false prophetes whiche do come vnto you in the apparayle of shepe but inwardlye are rauenynge wolues by theyr fruytes you shall knowe them And the apostle saythe comformablye to the aforesayd counsayle or precepte of Chryste and such persones auoyde thou that is to saye do not beleue them neyther obeye them in suche thynges But alas it is a pytuous case for they haue throughe this apperaunce of godlynes so greatlye deceyued and begyled men that nowe they trustynge to the vyolente powre whiche they haue optayned and gotten vnder the apperaunce and symylytude of holynes partly of mennes free gyfte and a great parte by secrete and preuy vsurpacyon and nowe by open and vyolent vsurpacyon can not well be auoyded or eschewed in doynge vyolence and persecucyon to chrystes faythful people Whiche also beynge vnkynde proude without peace cruell and in very dede suche maner persones in all poyntes as the apostle hathe descrybed affyrmynge good to be euyll and lyght to be darkenes accordynge to the sayenge of Esaye the prophete by the collacyon and gyfte of the ecclesyastycall offyces bothe the greatest the meane sorte and the smallest and by the exhybycion or promysynge of the temporalles or benefyces as well of the mouables as vnmouables and of the tyethes whiche haue ben ordayned for a good ende and by abomynable conuencyon and bargaynes hereof made before do styre vp agaynst the chrysten prynces theyr owne subiectes and also theyr owne cosens and alyaunce of straunge countrees not beynge theyr subiectes whiche thynge althoughe they with theyr complyces do nowe seme to do onelye agaynst the emperoure of Rome yet let other prynces learne by the example of the sayde emperoure whiche hathe ben so greatlye benefyciall to the bysshoppe of Rome and to his churche that the same thynges may of lykelyhode chaunce vnto them selues also and that the aforesayde bysshoppe shall be full busye to do the same thynges agaynst them also whan occasyon of suche assaulte shall offre it selfe vnto hym for he is without good affeccyon towardes euery man And he affyrmynge both by his wordes and wrytynges aforesayde that all prynces and peoples are subiectes to his gouernaunce or coactyue iurysdyccyon because of the fulnes of his powre as he calleth it whiche vnaccordynglye he ascrybeth vnto hym selfe and couetynge also and desyrynge greatly to brynge this to effecte wayteth suche tymes in whiche there appereth scysmes and contencyons of chrysten prynces and people one with an other and rebellyon of subiectes agaynst theyr soueraygnes or rulers whiche sedycions contencions and rebellyons hym selfe also procureth otherwhyles to be raysed or styrred vp to the intente that so the one of the partes beynge at dyscorde betwene them selues beynge weake and feble or beynge not able to resyste the aduersarye parte may be compelled to beseche his helpe or ayde and to submyt hym selfe to his domynion For albeit that vnder the fayned face or apperaunce of holynes deuocyon or charyte he semeth otherwhyles to defende impoteÌ„t and weake persons peraduenture wrongfully oppressed and to gyue vnto them his seculare fauour yet for all that he gyueth not this fauour excepte he be sure afore that they whiche nede his fauour and that do requyre it wyll be content to come vnder his gouernaunce or seculare domynion hopynge therof in conclusyon that by suche oppressynge enuye of eche to other bothe partê beyng so at varyaunce shall be compelled to come vnder his domynion wherfore suche contencyons and accyons are to be auoyded whiche may brynge in or cause necessyte vnto any man of his fauoure or helpe for at the laste they are turned in to the destruccyon of lybertye and in to the seruytude and thraldom of them that receyue the sayde fauoure ¶ So than after this maner this sayd bysshop by lytle and lytle crepeth successyuely throughe the kyngdoms of the worlde that he may at the
hath ben also is but onely one heed fouÌ„dacion or grouÌ„dwarke of the churche by the iÌ„mediate ordynacion of god that is chryst as we haue proued vndoubtedly by the scrypture Therfore vnto that auctoryte or texte vpon this stone I wyll edyfye my churche I do saye accordyngly to the glose y e vpon this stone betokeneth vpon chryste on whome thou beleuest where the glose betwene y e lynes therfore called y e glose interlinear addeth the wordes folowynge Thou art Peter y t is to saye of me whiche am the stone but yet so that I do reserue retayne vnto my selfe the dygnyte of the fouÌ„dameÌ„t or grouÌ„dwarke And chryste called hym Peter that is to saye coÌ„stant in the faythe whiche thynge we do not denye for thoughe we do graunt that he was more constant more ê‘fyte in meryte than the other apostles it foloweth not therfore y t he was afore them in dygnyte excepte onely peradueÌ„ture in tyme as we haue euydeÌ„tly proued by the scrypture in the chapytres afore alledged And this sence whiche we haue sayd to be y e sence of the scrypture the exposycion of saynt Augustyne helpeth vpon the same place For Augustyne sayth it is taken of his boke of retraccioÌ„s I haue sayd in a certayne place of the apostle Peter that vpon hym as vpon y e stone the churche is edyfyed or buylded but I knowe that I haue afterwardes very often tymes so expounded that sayenge of our lorde thou arte Peter vpon this stone I wyll edefye or buylde my churche that it shulde be vnderstanded to be buyiÌ„ded vpon hym whome Peter confessyd saynge Thou art chryste the sone of the lyuynge god as yf Peter called or hauynge his name of this stone shulde fygure y e person of y e churche which is buylded vpon this stone for it was not sayd to hym Tues Petra i. thou art the stone but Tues Petrus i. Thou art Peter but the stone was chryste whome Symon coÌ„fessynge lykewyse as the whole churche coÌ„fesseth hym was called Peter And y e reason or cause hereof may be assygned accordyng to y t scrypture For Peter as loge as he was a pylgryme in this worlde myght erre and synne by the lybertie of his fre wyll wherfore he is red to haue denyed chryste and otherwhyles not to haue walked aryghte accordynge to the veryte of the gospell but suche one coulde not be the foundament or grounde stone of the churche but chryste onely was this stone as it appereth in the thyrde chapytre of the fyrst epystle to the CorynthyaÌ„s whiche coulde not erre or do amysse for from the fyrste instante of his concepcion he was so confyrmed and establysshed in grace that he coulde in no wyse synne wherfore saynt Paule in the place afore alledged saythe No man may put any other foundacyon than that whiche hathe ben put or set whiche is chryste Ihesus And as coÌ„cernynge this addycion To the I shall gyue the keyes of the kyngdome of heuens this addycion I say gyueth none auctorite to Peter vpon or aboue y e other apostles for this self same iudiciarie powre he gaue also to the other apostles after the mynde of saynt Iherome and of Rabane whose exposycioÌ„s or gloses we haue brought in here tofore in the syxte chapytre of this dyccyon the thyrde parte Moreouer because chryste semeth not by these wordes to haue gyuen to hym the powre of the keyes for he saythe I shall or wyll gyue to the whiche soundeth it for to come He sayd not I do gyue but in the. xx of IohnÌ„ he sayd indyfferently to all the apostles Receyue you the holy ghost and whose synnes you shall forgyue they are forgyuen c. But this admytted that Peter by these wordes had receyued this auctoryte yet it is not concluded nor foloweth hereof but onely that he was instytuted pastor or herdysman afore other in tyme. And in that that chryst vouchedsafe to gyue these keyes syngulerly to hym albeit it were so in dede yet he wolde nomore therby but sygnyfye and betoken the vnyte of the churche in faythe vnto whiche vnyte chryste hath called or prouoked chrysten men by the synguler tradycion or promyse of the keyes as the glose sayth Or elles peraduenture because Peter dyd fyrst of all other confesse boldly openly playnly that chryste is the sone of god therfore he in tyme is fyrste endowed is honoured with the keyes gyuen to hym or is promysed to be honoured y t by such rewarde promysed an exaÌ„ple shuld be gyuen to the other also so to confesse chryste openly boldlye but yet for all this it is not therfore proued that he was superyour and afore other in dygnyte or auctoryte Albeit y t some of the exposytours seme to saye this of theyr owne selfe not hauynge this of the scrypture and that I do say the trouth the texte of the gospel here folowynge dothe infallybly sygnyfye and declare whiche is had in the. xx of Mathe we where chryste openly determynynge this questyon sayde that none of them was superyour one an other for there was a contencyon rysen or made amonge them whiche of them shuld be greattest And the same is had in the. xxii of Mathewe For chryste sayde vnto them But be not you in wyll to be called mayster amonge your selfe one to an other for you haue but one mayster and all you are brethren that is to saye all you are equall It foloweth therfore that he excepted not one in as moche as he sayde all you are brethren or felowes and it is a meruaylouse thynge yf we ought rather to gyue credeÌ„ce to y e auctoryte of the exposytoure or glose maker than of chryste hym selfe who soeuer that exposytoure is yea thoughe he be a saynt and specyally seynge that he speaketh this not as an exposytoure or glose maker but of his owne propre mynde For the texte of y e scrypture is so open playne that it nedeth no glose in this thynge Moreouer because the gloses selues saye the contrarye expoundynge the seconde chapytre to the Galatians as it hathe ben declared in the. xvi of this dyccyon And we haue treated this mater suffycyentlye and seryouslye in the. iiii and. xv of this dyccyon neyther we wyll Iterate or reherse agayne all the probacyons because the thynge is euydently knowen and for cause of spede and shortnes to be had ¶ But to the other auctoryte taken of Luke in the. xxii chapytre where Chryste sayde to saynt Peter but I haue prayed for the Peter that thy faythe shal not fayle And whan thou arte ones conuerted confyrme thou thy brethren Of whiche texte some men do inferre and conclude two thynges the one is that the faythe of the churche of Rome onely can not fayle because that chryste by the faythe of Peter vnderstande also the faythe of the successours of Peter and consequentlye that the bysshoppe successoure vnto hym is the
god And to the obieccyon whiche was brought in of the. xxii of Mathewe the. xi of Marke and the. xix of Luke where it is redde Than Ihesus sente ii descypses sayenge vnto them Soo you in to the castell whiche is ouer agaynst you and you shal fynde an asse bounde c. it is to be answered lykewyse lykewyse as vnto the obieccy on imeoyatlye aforegone And that obieccyon of the two swerdes whiche is taken of the. xxii of Luke the other of the fedynge of the shepe taken of the. xxi of Ihon dothe make nothynge agaynst neyther dothe inferre or conclude any thyng necessarely whiche is contradyctorye to the sentence whiche we do holde as we haue shewed seryously in the chapytre aforegone For Chryst by these wordes dyd not gyue to saynt Peter or to any other apostle or to any successoure of them iurysdyceyon or iudgemente coactyue of any maner in this worlde but he gaue to hym onely the offyce of a pastor or herdysman of whiche offyce we haue spoken suffycyently in the. ix of this last parte And as touchynge to that which the apostle sayth in the. vi chapytre of the fyrste epystle to the Coryntheans Do you not knowe that we shall iudge aungels Howe moche more than shall we iudge seculer thynges This texte is neyther it selfe coÌ„tradyctorye neyther inferreth any thynge contradyctorye to the sentence whiche we do holde For Paule in the aforesayde wordes or scrypture dyd not monysshe speake or counsayleth vnto preeses onelye but generallye vnto all the chrysten people of Corinthe he wrote that epystle as appereth and is euydent by his salutacyon For they dyd contende and stryue one with an other aboute seculer thynges drawynge one an other afore heathen iudges wherfore the apostle monysshed them as a pastor or herdysman gyuynge them councell that they shulde constytute and make iudges vnto them selues of the company of chrysten men And chose not bysshoppes or preestes but other that were not bysshoppes or preestes wherfore the apostle saythe iÌ„medyatlye folowynge Therfore yf you shall haue seculer iudgementes ordeyne and sette them to be iudges whiche are contemptyble in the churche I saye it to your rebuke is there none so wyse a man amonge you whiche maye gyue iudgement betwene his brother and brother but dothe one brother contende and stryue with an other brother in iudgement afore infydels and heathen iudges whiche texte of the apostle the glose expoundynge after the mynde of Ambrose Augustyne and Gregorye saythe in this wyse In lyke maner as he hath repreued them for that they pleaded causes and stroue in iudgement afore infydels despysynge and smally regardynge chrysten men euen so nowe he rebuketh them because they made conteÌ„ptyble persones iudges althought they were chrysten And therfore he saythe yf you shall haue seculer iudgementes because suche iudgementes are not to be had but rather to be despysed but yf you haue suche iudgementes ordayne and sette to gyue iudgement those contemptyble that is to saye vndyscrete and vyle persones whiche are in the churche That is to saye thus haue you done by reason wherof the brethren myghte be compelled to haue recourse agaynâ—â— vnto infydels or hethen iudges The apostle repreueth and rebuketh this in them speakynge Ironycallye that is to saye meanynge the contrarye to that that his wordes dothe sounde And because it was not semely or conuenyent that they shulde do so therofre he sayth by and by after I speake to your shamefastnes or to your reuerence that is to saye I do not coÌ„maunde but I do speake that you shulde be asshamed and you oughte to be ashamed that there is not one man amonge you so wyse that he is able to iudge betwene his brother and brother but that you must nedelye make fooles iudges And yet for all that these fooles are to be made iudges rather than you shulde go to heathen iudges yf there wante wyse men amonge you I saye is there not so wyse a man amonge you but dothe one brother stryue with an other brother in iudgement whiche is an euyll thynge yea and that afore heathen iudges which is a worse thynge or elles thus Therfore yf you shall haue seculer iudgementes c. Because the apostle had sayd that they myght iudge of these leaste or smalest thynges therfore he doth nowe determyne who are to be ordayned and appoynted iudges to the determynynge of suche maters that is to wytte the contemptyble persones which are in the churche For the greatter or more worshypfull persones oughte to gyue attendaunce to spyrituall thynges But you whiche ought to iudge for asmoche as you must iudge yet do after this maner Yf you haue seculer bysynes or maters ordayne or sette them to be iudges whiche are contemptyble in the churche that is to saye some wyse men which for all that are of lesse meryte for the apostles whiche went aboute to preache the gospell coulde not gyue attendaunce to suche busynesses The apostle wolde therfore that those wyse chrysten and holy men whiche contynued and abode styll in one place and not those whiche ranne aboute from place to place to preache the gospell shulde be the examyners and iudges of suche maner bysynes and causes From whiche we can not excuse our selfe by no maner wayes althoughe we wolde For I call god to wytnesse and recorde that I hadde leuer eache daye worke somwhat certayne howres with my handes and to haue certayne houres at lybertie to rede and praye or to worke somwhat of the dyuyne scryptures than to suffre the troublouse perplexites of causes concernynge seculer maters and busynesses or stryues whiche are outher to be decyded and ended by iudgement or elles to be preuented put awaye by entreatynge or goynge betwene I saye ordayne you or appoynte you contemptible persons and this I do saye to your reuerence that is to wyt that they shulde examyne and iudge erthly causes whiche haue gotten the wysdome and knowledge of exteryoure or outwarde thynges And they whiche are enryched with spyrytuall gyftes ought not to be entangled with worldly maters or busynesses so that whyles they are not compelled to dyspose these worldlye goodes they maye be able to do seruyce to the superyour or celestyall goodes But yet it is greatly to be prouyded and taken hede of that they whiche are excellent in spyrytuall gyftes do not in any wyse vtterly forsake the busynesses of theyr we ake neyghbours but lette them outher coÌ„mytte the sayde busynesses to be ordred and brought to an ende vnto other mete and conuenyent persones or elles take the same maters in hande theyr owne selues And these scryptures of the apostle and of sayntes are to be noted and marked for fyrst it appereth by the sayd scryptures that all contencyons betwene what soeuer persones aboute suche thyngê whiche do not appertayne to the lawe of god are seculer and not spyrytuall and do belonge to seculer iudgement For the apostle speaketh generallye and so lyke wyse doth the sayntes
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 habundauÌ„t 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 coÌ„munytes 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 thyngê 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 coÌ„mynacyon 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
do depende and receaue some what of the prynce or seculer gouernoure and the prynce or seculer gouernour dependeth and receaueth some thynge of the preeste For the preestes do receaue of the prynce and seculer gouernoure in stytucyon of theyr cyuyle actes and defence from Iniurye that they shall neyther do iniurye to any other man neyther any other man to theym in the state and for the state of this present worlde for this is the offyce of the prynce or hyghe gouernoure and of none other parte or membre of the cōmunyte as it hath ben shewed in the. xv of the fyrst dyccyon And this also the apostle expressed in the. xiii chapytre to the Romaynes and we haue brought in his wordes in the. v. chapytre of this dyccyon this same also he mened in the. v. chapytre of the fyrst epystle to Tymothe whan he sayde I beseche therfore that obsecracyons be made fyrst for kynges and all that are in hyghe auctoryte that we may leade a quyete and peaceable lyfe Lykewyse agayne on the other parte the prynce dependeth and hath nede of the accyon or operacyon of the preeste For of the preeste he receaueth doctryne and the sacramentes dysposynge men in this worlde and remouynge or puttynge awaye suche thynges as are contrarye to saluacyon or eternall beatytude for the state of the worlde to come But yet dyfferently and after a dyuerse maner they worke and receaue these operacyons eche of other For the prynce beynge coactyue iudge in this worlde by the ordynacyon of god maye lawefully exercyse or impresse his operacyon by coactyue power by doynge ponysshement vpon any preeste yea thoughe he be not wyllynge or contente yf he hathe ben a transgressor of the lawe of man whiche is not contrary to the lawe of god as it hath ben shewed and proued in the. v. and. viii chapytres of this dyccyon and in the. xv of the fyrste dyccyon But the byssoppe or preeste because he is not accordynge to the lawe of god coactyue iudge of any man in this worlde as it hathe ben shewed in the. xv of the fyrste dyccyon and in the. iiii v. and. ix of this dyccyon but is a iudge after the fyrste sygnyfycacyon of this worde iudge and as it were an operatyue teacher as a leche or physycyon he can not by his operacyon or precepte compell any man neyther he ought to compell any man by payne or ponysshement outher reall or personall as touchyng to this present lyfe So than the fyrst proposycyon of this sayd argumentacyon was false wherin it was sayde that what soeuer thynge worketh the more perfyte operacyon ought not as touchynge to iurysdyccyon to be vnder the thynge that worketh the lesse perfyte operacyon For of this proposycyon with the aforesayde proposycyons ioyned vnto it there foloweth necessarely an other manyfeste inconuenyent and a false proposycyon that is to wytte that no speculatyue dortor or at the lestewyse that the hyghest or pryncypall phylosopher or metaphysycyon is not vnder the iurysdyccyon of the prynce or gouernoure accordynge to the lawe of man For as moche as none of the practyue habytes or scyences and qualytes besydes faythe in the prynce and gouernoure or els in any other man neyther any operacyon procedynge and brought forth of the sayde habytes or scyences is egall in perfeccyon to the habyte or scyence of the methaphysycyon or to the accyon or operacyon brought forthe by it whiche habyte or operacyon it maye chaunce a prynce or gouernoure for to lacke And where as it was afterwardes obiected that it semeth an inconuenyent and an vnsemely thynge that the bysshoppe of Rome or elles any other bysshoppe ought to be vnder the coactyue iudgemente of hym that is prynce and worldly gouernoure it is to be answered and sayde that it is none in conuenyent at all that he or any other bysshoppe be vnder that same or lyke iudge vnder whom the lorde and mayster of the sayde bysshop of his owne fre wyll hath determyned to be for a cōuenyent ordynacyon or ordre of this worlde to be obserued For chryste whiche was bothe god and man wyllynglye submytted hymselfe to the coactyue iudgement of ponce Pilate whiche was the vycare or deputye of hym that was Emperoure so also dyd the holye apostles and taught other also to do the same accordyngly vnto the lawe of god as it hath ben playnlye and euydently shewed by the scrypture and by the saynges of sayntes and of other doctours in the. iiii and. v. of this dyccyon and hathe ben also repeted or reherced agayne in the. xxviii of this same dyccyon wherfore also in as moche as the seruaunte is not greatter than the mayster neyther the apostle greatter than he that hathe sent hym as we haue alledged and brought in of the scrypture by the sayinge of Bernarde in the. xxviii chapytre of this dyccyon For Bernarde amonge other thynges saythe thus in the fyrste Booke and the. v. chapytre De consideratione vnto Eugenius Is the seruaunte thanne a mynyssher of the dygnyte yf he wylleth not to be greatter than his Lorde and mayster or the dyscyple yf he wylleth not to be greatter than he that sente hym or the sone yf he wyll not goo beyonde the termes or boundes whiche his Forefathers haue sette Our mayster and lorde sayd who hath made or ordayned me a iudge and shall it be iniurye to the seruaunte and dyscyple excepte he maye iudge all men It is not inconuenyent but verye conuenyente and also necessarye to the quyetnes and tranquyllyte of cyuylytye or the cōmune weale that any bysshop and preeste and clerke be vnder the coactyue iudgemente of the prynces and seculer gouernoures And the contrarye hereof is vtterlye inconuenyent and intollerable Furthermore because the bysshoppe of Rome or any other bysshoppe is not the vycare of chryste or his mynyster to exercyse all maner offyce in this world but onely as touchynge to a certayne determynate offyce as for example as touchynge to preesthode in whiche offyce in that it is suche one there is not regarded or consydered any coactyue iudgemente neyther superyoure or inferyour as touchynge to suche iudgemente as we alledged openlye of the wordes of Arystotle in the. viii parte of the. ix chapytre of this dyccyon But the prynce or seculer gouernoure is the vycare or mynyster of god as touchynge to the offyce of a prynce or gouernoure in whiche offyce is consydered and regarded a superyour and an inferyour or subiecte as touchynge to coactyue power wherfore in the. xiii to the Romaynes the apostle exceptynge none of the preestes or bysshoppes saythe Let euery soule be subiecte to the hyghe powers and he putteth the cause hereof forth with saynge for he is the mynyster of god Se nowe howe the prynce is the vycare of god not vyolent but coactyue of euyl men in this world And therfore it foloweth A ponyssher for wroth vnto hym y t is an euyldoer But it is so that a
bysshop or preest may be an euyldoer to whom neyther chryst neyther any apostle hath assygned at any tyme any other iudge outher by theyr worke example or els by theyr wordes as it hath ben shewed in this dyccyon in the place afore alledged And to that obieccyon whiche is put forthe by the maner of a couclusyon where it is sayde yf it shulde be expedyent and necessary to correcte prynces and gouernoures whan they shall trespace and offende agaynst goddes lawe or mānes lawe that it semeth that they maye not conuenyently be corrected for asmoch as they haue no superyor in the cyuyle regymente at the lestwyse the pryncypall and hyghest of them And therfore that they ought to be vnder the coactyue iudgemente of preestes and bysshoppes it is to be answered and sayde that a prynce or gouernoure offendynge or treaspassynge agaynst the lawe of god or of man may and ought to be corrected conuenyently by the ecclesyastycall mynyster bysshoppe or preeste by wordes of exortacyon or of increpacyon and rebukynge but yet after a sobre a dyscrete and mesurable maner accordynge to the doctryne of the apostle in the seconde and also the. iiii chapytre of the seconde epystle to Tymothe and to the exposycyon of Chrysostome whiche we haue brought in heretofore in the. ix chapytre of this dyccyon But in no wyse by coactyue power and auctoryte For suche maner power dothe not appertayne to a preeste or bysshoppe in that he is suche one vpon any man in this worlde as it hathe ben oftentymes proued and repeted heretofore And as touchynge to the reason whiche was fynallye added that he is as touchynge to iurysdyccyon superyor vnto the emperoure of Rome and maye of ryghte instytute and depose the sayde emperoure whiche hathe translated the empyre from the Greekes vnto the Germaynes in the person of great Cherles as it hathe ben sayd that he that made this translacyon was the pope of Rome ergo the pope is superyor to the Emperour may of ryghte instytute and depose the Emperour it is to be answered sayde that yf the fyrst proposycyon of this argument be taken indefynytly not vnyuersally than of it with y e second proposycyon nothyng can be inferred or cōcluded for as moch as no syllogysme may be made of an indefynyte proposycyon and a partyculer proposycion But yf it be taken vnyuersally so that it be sayd Euery translator of the Romayne empyre from the grekes vnto the germaynes is superyor to the emperour c. Excepte the subiecte of this proposycyon that is to wyt translator of the empyre c. be determyned this proposycyon myght be proued false by very many true reasons For yf any man had īvery dede but yet not of ryght translated the empyre or elles yf he had done it not by his owne power but by the power of an other man gyuen vnto hym as vnto a proctour or deputye this person I saye whiche had so translated the empyre shulde not therfore hym selfe alone haue superyor iurysdyccyon vnto the emperoure neyther ryghtfull power and auctoryte to instytute or depose hym but yf the aforesayde proposycyon be this determyned that euery mortall man whiche hath translated or maye iustlye and ryghtfully translate the romayne empyre from the greekes vnto the germaynes by his owne propre auctoryte not graunted to hym by any other person is superyor in coactyue iurysdyccyon to the emperour of Rome and maye ryghtfullye instytute and depose hym this proposycyon so graunted than the seconde proposycyon whiche is ioyned vnto this that it is the byssoppe or Pope of Rome whiche hath trāslated the empyre as it hath ben sayde is to be denyed as vtterly false For the contrary of this proposycyon hath ben proued in the. xv of the fyrst dyccyon And also the contrarye both of it and of the conclusyon whiche is inferred of it hath ben certyfyed and surely proued by the scrypture and by the saynges of sayntes and other catholyke doctours in the. iiii and. v. chapytres of this dyccyon and hathe ben repeted or reherced agayne in verye many other places And thus it hath ben obserued in dede without reclamacyon or grudge of the olde fathers pastores of the bysshoppes of Rome Thus than to haue gone throughe the doubtes moued in the thyrde and the. xxvii chapytres of this dyccyon lette it be suffycyente And thus we make an ende of the questyones pryncypallye purposed and intended of vs in this worke ¶ Thus endeth the seconde dyccyon or boke ¶ The thyrde dyccyon or parte of this worke entytled the Defender of peace whiche is as it were a table of the two fyrste dyccyons ¶ Of the rehersall callyng to remembraunce agayne of the thynges pryncypally intended and determyned in the fyrste and seconde dyccyon and of a certayne sequele and necessary folowynge whiche the thynges that shalbe spoken in this boke haue vnto the thynges whiche haue ben sayd in the dyccyons aforegoynge The fyrste chapytre FOr as moche as in the dyccyons aforegoyng we haue assygned and marked forthe the synguler and specyall cause that nowe is of cyuyle dyscorde intranquyllyte and vnquyetnes of certayne realmes and certayne cōmunytes and whiche same thyng shall also be hereafter the cause of debate and stryfe in all other cōmunytes excepte it be letted and stopped be tymes that is to wytte the existymacion or opynyon and the desyre and enforcement by whiche the bysshoppe of Rome and the companye of his clergye syngulerlye and especyally laboure to possesse seculer domynyons and temporall thynges superfluouslye of the whiche domynyons or souereygntes the sayde bysshoppe endeuoureth to chalenge the hyghest vnto hym selfe by the tytle of full power whiche was pryncypallye graūted to hym as he sayth by chryst in the person of saynt Peter as we haue sayde in the laste chapytre of the fyrst dyccyon And as it hath ben not with out a reasonable cause repeted oftentymes and rehersed in verye many chapytres of the seconde dyccyon where as in very dede not onely not the hyghest domynyon or gouernaunce but also no domynyon at all or iugemente coactyue of any persone in this worlde is conuenyent or agreyng to hym or to any other bysshop preest or clerke in that they are suche maner persone neyther ioyntly neyther seuerallye as we haue euydently shewed and proued in the fyrste dyccyon by certayne humayne and worldly reasons And haue also confyrmed the same in the. iiii and. v. chapytres of the seconde dyccyon by the testymonyes of euerlastynge trouth and also by the exposycyons and declaracyons of the holy interpretours therof and of many proued doctours and teachers of the same and afterwardes also the. vi the vii chapytres of the seconde dyccyon we haue by the scryptures and certayne reasons assygned and shewed what and howe great and in what thynges is the power and auctoryte of preestes and bysshoppes To all whome or to some one of them we haue shewed in the.