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

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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
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 cōmunytie 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 cōmunytie 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 cōmunyties so great a distynccyon or ordre of partes or so great a sūme of necessarie craftes and of rules of the maner of lyuynge as was afterwardes successyuely founde one after an other in the perfyte cōmunyties 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 cōmunyties But after that in processe of tyme cōmunyties 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 cōmunyties 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 cōmunytie was instytuted and begonne and called in the laten ciuitas in the Englysshe a cytie or a cōmune 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 cōmunytie let thus moch as we haue spoken be suffycyent at this tyme. ¶ Of the fynall cause or ende of a cytie or cyuyle cōmunytie 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 cōmunytie 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 cōmunytie of men in the sayd cytie let vs therfore groūde 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 thyngꝭ 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 thyngꝭ 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 cōcluded that a cyuyle cōmunyte was necessarye without whiche sayd cyuyle cōmunytie 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 cōmunyte 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 ▪ 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 incōmodyties or
the. xvii chapytre of this fyrste dyccyon in the. xi and. xii partes therof it hathe no cause formall For a formall cause properlye apperteyneth to thynges composed or made of mo parties than one And the cause actyue or effycyent therof we may easely perceyue by these thynges which were spoken and sayd in the. xv chapytre of this parte and by other thynges whiche shall nedely folowe it in a cytie or realme they by these the conuersacyon of the cytezens eche with other the cōmuneratynge or parte takynge amōge them selues one of an others workes the succourynge or helpynge one of them an other generally powre or lyberte without any outwarde impedyment or lettynge to exercyse theyr own the cōmune workes partakynge also of the cōmune profytes or cōmodytes of men after the measure cōuenyent and agreynge to euery one with these other cōmodytes good thyngꝭ worthy to be desyred which haue ben heretofore expressed in the oracion of Cassiodorus whiche oracion we made the begynnynge of this boke the contraryes of al the whiche cōmodytes or els of certayne the chefest of them shal ensue and folowe intrāquyllytie or dyscorde beynge the cōtrary to tranquyllytie For as moch than as the dewe operacyon or workynge of the cheyfe gouernoure ruler is the cause effycyent or maker also cōseruer of all cyuyle cōmodytes or weale and of the aforesayd thynges as it hathe ben shewed declared in the. xv chapytre of this boke in the. xi the. xii partes therof it also shall be the cause effectyue and maker of trāquyllyte vndoubtedly this was Paules mynde me anynge whan he sayd to Timothe the. ii chapytre of the fyrste epystle Therfore I beseche desyre obsecracyōs and prayers to be made for kynges rulers and for all men whiche be in hyghe auctoryte that we may lede a quyet a peaceable lyfe And what soeuer thynge shal let the dewe accyon or workynge of this parte that is to say of the heed of that thynge spryngeth cōmeth forth intrāquyllytie or dyscorde as of the cause effectyue whiche cause of intranquyllytie sene and cōsydered in general thoughe it be varyed made dyuers by many partyculer kyndes maners of the whiche kyndes or maners howe they be caused or come forth of a wonte or accustomed accyon Arystotle hath gyuen suffycyent vnderstandynge knowlege in his fyfte boke of cyuyle scyence or gouernaūce of a cōmen weale whiche we haue called polytyke scyence yet notwithstandynge there is a certayne stronge and vnwonte cause of intranquyllyte or dyscorde of cyties realmes cōmodytes whiche cause is taken occasyonallye for the effecte brought forthe of the deuyne cause besyde all his wonte or accustomed operacyon or workynge in thynges whiche cause as I remēbre that we touched afore in our prohemye neyther Arystotle neyther any other of the phylosophers in his tyme or a fore his tyme or after his tyme coulde se or perceyue and this cause a lōge season heretofore and nowe also cōtynually more more lettynge the dewe operacyō or workynge of the heed ruler in the kyngdome of Italye hathe spoyled or bereued and dothe spoyle and depryue it of peace or trāquyllyte other cōmodites ensuenge and folowynge the same also of the cōmodyties nowe rehersed hathe vexed and dothe vexe the sayd cōmunaltie with all hurtes incōmodytes and hathe as a man wolde saye replenysshed and fylled it with all kyndes of myserye and iniquyte The nature of the whiche sayde cause fore lettynge hurtynge by reason of y e vsual custome of preuy malygnyte we owynge in specyall or perticulerly to determyne accordynge to our intencyon proposed from y e begynnyng must nedely call to remēbraunce those thynges whiche we haue sayd heretofore in the. vi chapytre of this boke that is to wyt that the sone of god one of the. iii. persons very god to make satysfaccyon for the offence of our fyrst parentes dysobedyently transgressynge the cōmaundemēt of god consequently to repayre y e fal of the hoole kynde of man hathe taken vpon hym the nature of man a good whyle after Arystotles tyme beynge made very man and the same beynge god also whome called Iesu Chryste faythfull chrysten men do honoure and worshyppe this chryste I say the blyssed sone of god bothe god and man in one persone was conuersaunte amonge the people of the wycked Iewes of whome he toke his begynnynge as touchynge his bodely substaūce he began to teache the veryte trouth of thynges to be beleued of thyngꝭ to be done wrought of thynges to be auoyded eschewed to y ● ende y t men myght get optayne euerlastyng lyfe auoyde or escape euerlastynge mysery And for these thynges at the laste throughe the malice woodnes of the Iewes he suffered passyon was done to dethe vnder ponce Pylate presydent or depute to the emperour of Rome rose agayne from dethe to lyfe the thyrde daye after his deth afterwarde ascendynge goynge vp in to heuens But yet afore that tyme whyles he yet lyued by a corruptyble lyfe that is to saye before he suffered passyon for the helthe the saluacyon of mankynde he chose toke to hym certayne men which shuld be felowes in y e mynysterye of teachynge the trouth whome men cal apostles at the tyme of his ascencyon he gaue them in charge cōmaundement to preache that truthe throughe out the whole worlde which he had taught instructed them in wherfore he sayd to them after his resurreccyon in the. xxviii laste chapytre of Mathewe Go you therfore and teache all nacyons baptyzynge them in the name of the father the sone the holy ghost teachynge them to obserue and kepe all thyngꝭ what soeuer I haue cōmaunded charged you By these apostles I saye whose names are suffycyently knowen amonge the faythfull chrysten people by certayne other persones chryste wylled the lawe of y e gospell to be wryten as by certayne instrumentes mouyd dyrected to the same imedyatly by the powre of god by the whiche lawe or gospell wryten we myght in the absence of chryste hym selfe of his apostles yet haue perceyuynge knowlege of the preceptes counsayles belongynge to euerlastynge helthe In the which lawe accordyng to the whiche lawe he hathe appoynted and ordayned the sacramentꝭ wherby orygynallye actuall syn is clensed wherby the grace of god is obtayned and cōserued wherby the same grace loste may be recouered agayne and wherby the menystres of this lawe are instytuted and made And fyrst of all he dyd instytute ordeyne make the sayd apostles teachers of this lawe and mynystres of y e sacramentes accordynge to the same lawe gyuynge to them by y e holy ghost auctoryte of this mysterye whiche chrysten people calleth the auctoryte of preesthode by the which he gaue to the same or to the successours of them in this
cōmune cyuyle offycers doth appertayne to no bysshop in that he is suche one neyther ioyntlye with an other neyther seuerally this is proued in the. xv of the fyrste parte ¶ The. xix conclusyon ¶ That no bysshoppe in that he is suche one maye graunte outher ioyntly or seuerallye lycence to teache or worke or practyse openly in any art or dyscyplyne but that to graunte these lycencyes appertayneth onely to prynces or to hym that is hed gouernoure this is proued in the places laste reherced ¶ The. xx conclusyon ¶ That the kyng or prynce may lawefully agreably to y e lawe of god vse the temporalles of the churche or clergye outher in the hole or in parte of them for the publyke or cōmune vtylyte or defence of the cōmune weale after that the necessyte of the preestes and other mynysters of the gospell and of those thynges whiche appertayneth to the worshepynge and seruyce of god and of the impotent pore folke is suffycyentlye prouyded for and satyssyed this is proued in the. xv of the fyrste and in the. xvii of the seconde dyccyon ¶ The. xxi conclusyon ¶ That it belongeth onely to the cheyfe gouernour or soueraygne to dyspose all temporalles which are ordayned for charytable causes and to almosse dedes and the workes of pytye As for example suche thynges whiche are bequeste in testamentes for the meyntenaunce of souldyers agaynst infydeles or for the raunsomynge of prysoners beynge in theyr handes or for the sustentacyon and releaue of impotent poore folke and suche other lyke thynges and that to hym onely it appertayneth to ordre the sayd thynges accordynge to the determynacion intencyon and mynde of the testator or otherwyse gyuer this is proued in the places laste reherced ¶ The. xxii conclusyon ¶ That it appertayneth onely to the auctoryte of prynces to graunt the vowson of what soeuer colledge or relygyon and the same to approue and to alowe or els to reproue and dysalowe this is proued in the. xv of the fyrste in the. viii the. x. of the seconde dyccyon ¶ The. xxiii conclusyon ¶ That it appertayneth onely to the auctoryte of the gouernour or soueraygne to iudge by coactyue iudgement heretykes and all trespasers and malefactors and those whiche are to be ponysshed by temporall payne or ponysshement and to inflycte and enioyne peynes personall and reall and the same paynes reall to applye vnto what vse they lyst This is proued in the. xv of the fyrst in the. viii the. x. of the seconde ¶ The. xxiiii conclusyon ¶ That no subiecte or person whiche is oblygated and bounde to another by a lawefull othe maye be losed from the sayde bonde by any bysshop or preeste with out reasonable cause whiche is to be iudged by the iudgement in his thyrde sygnyfycacyon of the prynce or kynge and that the contrarye of this conclusyon is agaynst all true and ryghte doctryne this is proued in the. vi the. vii and. xxvi of the seconde dyccyon The. xxv conclusyon ¶ That it appertayneth and belongeth onely to the prynces and gouernoures in the cōmunytes of chrysten people to gather by coactyue power a generall coūceyll or elles a partyculer counceyll of preestes and bysshoppes and of other chrysten men ¶ The. xxvi conclusyon ¶ That the cōmaundynge of fastes and the prohybycyons and forbyddynges of certayne meates ought onely to be made by the auctoryte of prynces And that onely the aforesayde prynces maye enterdycte or forbydde the workynge and exercysynge of handcraftes or the teachyng of disciplynes whiche are not prohybyted by the lawe of god to be exercysed vsed in almaner of dayes and that it appertayneth onely to hym that is gouernour to constrayne men to the obseruyng and kepynge of the same cōmaundementes or prohibycyons by temporall payneor ponysshement ¶ The. xxvii conclusyon ¶ That it maye be lawfull alwayes for hym that is a suter or stryueth in the lawe to appele from the coactyue iudgement whiche hathe ben graunted to any bysshoppe or preeste to hym that is prynce or gouernoure ¶ The. xxviii conclusyon ¶ That a multytude or synguler person to whom the gospell is mynystred is bounde accordynge to the lawe of god and after theyr or his habylytye to exibyte and gyue to bysshops and other euangelycall mynystres those thynges whiche shall be necessarye and nedefull to theyr nourysshement and clothynge at the leaste wyse theyr dayly foode necessarye to the sustentacyon of theyr lyfe But in no wyse tyethes or any other thynge yf it shall be superfluouse and more than shall be necessarelye requyred to y e supplyenge of the nedes of y e sayde mynysters ¶ The. xxix conclusyon ¶ That the faythfull lawemaker or he that is gouernoure by the auctoryte of the sayde lawemaker maye in the prouynce subiecte to hym compell as well bysshoppes as other euangelycall mynysters for whose foode and clothynge it is suffycyentlye prouyded to celebrate deuyne seruyce and to mynyster the sacramentes of the churche this is proued in the. xv of the fyrste in the. viii of the seconde ¶ The. xxx conclusyon ¶ Other conclucyons bothe verye many in nombre and also verye profytable myght be inferred whiche by necessyte foloweth of the determynacyons made in the two fyrste dyccyons or partes But yet that notwithstandynge at this tyme we wyll holde vs contented with these whiche we haue all redy deduced For as moche as they do the gyue easye and suffycyent entraunce and occasyon to the reder to geather and inferre other suche lyke mo and be suffycyent also to the cuttynge awaye of the aforesayde great myscheyfe otherwyse called the bysshoppe of Rome and also the cause therof ¶ The ende of the thyrde dyccyon or parte of the worke whiche is called The defender of peace ¶ The peroracyon or conclusyon of the worke to the reader THou haste here most gentyll reader A worke whiche albeit that it is not perauenture set forth with paynted wordes and eloquent speache yet is there wysdome in it not to be dyspysed This sayde worke it hathe lyked and pleased the auctor therof to entytle Defensor pacis that is to saye in Englysshe the defender or maynteyner of Peace because in it he hathe dylygentlye and faythfullye gathered togyther and also hathe in goodlye ordre sette forthe all the wayes and meanes by whiche most cheyflye empyers realmes or any other cyuyle socyetes or felowshyppes of men amonge them selues are or maye be beste holden or kepte and consydered or ioyned togyther by a certayne contynuall fauoure and loue of the offycers or rulers and of the multytude or cōmunes eache to other establesshed and made fyrme and sure without feare or dreade of any sedycyon dyscorde debate or stryfe bothe partes keapynge themselues within theyr owne ryghte as it were within a certayne lymytes or boundes and neyther of them chalengynge or vsurpynge any thynges vnto themselues saue onely that whiche the lawes wyll gyue them leaue Whiche consent and concorde or agrement betwene the orders
bysshoppes called popes of Rome aboute the yere of our lorde god M. CCC xxiiii ¶ Of the sumarye and generall intencyon of the thynges whiche shal be treated and spoken of in this worke and of the cause of the intencyon and purpose and of the dyuysyon of the boke ¶ The fyrste Chapytre TRanquyllyte is the thyng doubtles whiche is to be desyred of euery realme and comynaltie as in which both the people goth forwarde encreaseth For the vtylyte or profyte of nacyons is kept maynteyned For this is the beautefull mother of good artes and occupacyons This tranquyllyte multyplyeng and encreasyng the kynde of man by repetable successyon enlargeth theyr possessyons and goodes beautefyeth theyr maners And he is knowen to be ignoraūte of these so great thynges who soeuer is perceyued not to haue sought after this sayde tranquyllyte By these wordes and 〈◊〉 nowe afore recyted Cassiodorus in his fyrst boke of epystles hath expressed the vtilities profytes or frutes that groweth of the trāquyllytie or peace of Ciuyle regymentes to the intente that he by these best frutes expressynge and declarynge the best thyng that belongeth to may that is to wyt the suffycyencye of his lyfe whiche no man maye attayne without peace tranquylytie he myght excyte prouoke and styrre vp the wylles and desyres of men to haue peace and this tranquyllytie amōge them selfes one with an other wherin he spake conformablye to the sayenge of blyssed Iob whiche in the. xxii chapitre sayde haue thou peace by it thou shalt haue veray good frutes This peace chryste verely the sone of god decreed therfore to be the sygne or token the messenger or shewer of his newe and straunge byrthe whan in his sayd byrth he wold by y e oracle and voyce of heuenly aungels this songe to be songe Gloria in altissimis doo et in terra pax hominibus bone voluntatis That is Glorye and prayse be to god in heuens in erthe peas be to men of good wyll For this cause also the same chryste very oftentymes wysshed peas to his dyscyples wherfore it is wryten in the gospell of Iohn̄ Iesus came and stode in the myddes of his dyscyples and sayd pax vobis that is peace be to you He also geuynge them monycyon to obserue and kepe peas one with an other and sayd as it is redde in Marke pacem habete inter vos that is haue or kepe peas amonge you And not only he taught them to kepe peas amonge them selues one with an other But also he taught them to wysshe the same peas vnto other men wherfore it is redde this in Mathew And when you entre in to y e house salute it sayeng peas be to this house This same peas also was the enherytaunce whiche chryste whan the tyme of his passyon deth approched by his testamēt lefte to his dysciples whan he sayd to them in y e. ix of Iohn̄ peas I leue vnto you my peas I gyue vnto you And after the maner of chryst the Apostles also as beynge his verey heyres folowers wysshed this sayd peas vnto all those persones to whome by theyr epystles they dyd dyrecte the documentes and monycyons or counsayles of the gospell as men that knew ryght well the fruytes of peas to be most good as it hath ben alleged of Iob and by Cassiodore more largely declared But bycause of contrary causes contrary effectes naturally and necessaryly are brought forth therfore of dyscorde which is contrary vnto tranquyllyte there shall growe vnto euery real me or cyuyle regyment most euyll fruytes and hurtes as men may suffycyently se and well nere to euery man is euydently knowen by the realme or cyuyle regyment of Italye for whyles the inhabytauntes therof lyued togyther peaseably they receyued of long tyme pleasauntly y e afore rehersed fruytes of peas And by these in these fruytes they prosperyd and went forwarde so greatly that they haue subdued all the habytable partes of the worlde vnto theyr domynyon and empyre But after that dyscorde or stryfe was ones rysen or spronge vp amonge them theyr kyngdome or cōmunytie and empyre hath ben vexed with manyfold and sondry maner incōmodyties and euyls and hath ben subdued and brought vnder the empyre and domynyon of other straunge and hatefull nacyons And moreouer agayne the countrey of Italy is by the reason of stryfe and dyscorde so torne on euery syde and in a maner losed vtterly feblysshed that it is no harde thynge or mastrye for any man that lyst to wynne it is any thynge of power at all to entre therunto And that it hath thus chaunced or come to passe it is nothynge meruayle worthy for as Salustius wytnesseth where he maketh mencion of Catylyne By vnyte concorde small thynges growe encrease through dyscorde and debate very great thynges fallen awaye and goen to nought By the reason of this sayd dyscorde verely the Italyens beynge seduced and led in to the bypath of erroure are depryued and berefte of theyr suffycyent lyuynge And in the stede of quyetnes and rest whiche they sought for they do contynuelly suffre and abyde more and more greuouse labours and paynes And in the stede of lybertye they are contynually subdued and brought vndre the harde and cruell yokes of tyrauntes and so in conclusyon are made more miserable and wretched then other nacyons and peoples which lyue a cyuyle and honest lyfe and are cōmen to that poynte that theyr patronymyke name whiche was wonte to gyue glorye imunytie and lybertie to all that called on the sayde name is now vpbrayded and caste in theyr tethe of other nacyons and torned in to the cause of sufferynge ignomynye and dyshonour Thus than the wretched Romayns are caryed hedlonge in to these darkenesses by the reason of the dyscorde stryfe and debate amonge them selues And lykewyse as that man or sensyble creature is knowen to be out of frame which is troubled with syckenes euen so is y ● dysposycion ordre cōmen weale and cyuyle regyment of Italy knowen to be out of tempre fascyon and croked by the debate and stryfe that is amonge them Of the which sayde dyscorde or intranquyllyte albeit that there are many prymytyue causes and that not a fewe yea and suche as well nere all that are possyble to happen or chaunce after the wonte maners and fascyons the chefe of all phylosophere Aristotell in his ciuyle scyence or polytykes hath descrybed yet is there for all that be syde them a certayne specyall and veray pryuey or hyd cause through whiche the empyre of Rome hath of longe tyme ben vexed and dyseased any contynually is vexed which cause as a syckenes excedyngly contagyons is as redy to crepe or sprede in to all other cyuyle cōmunyties and realmes Ye moreouer through it gredynes hath alredy assayed to inuade a great many of the sayd realmes and cōmunyties And this cause or the begynnynge
we must cōsydre in a cyuyle cōmunyte beynge instituted cōuenyētly accordynge to reason for all the soule or mynde of the hole multytude of cytezens or cōmunes or els of the bygger parte therof is fourmed or ought to be fourmed in a cyuyle cōmunyte one parte fyrst beynge proporcynated or lyke vnto the herte in a sensyble creature In which parte it setteth or ordayneth a certayne vertue powre or a certayne fourme with actyue powre auctoryte to instytute the other partes of the cyuyle cōmunyte And this parte wherof we do meane is y e prīce or hed gouernour whose vnyuersall vertue or powre in causalite is the lawe and whose actyue powre is the auctoryte of iudgynge of cōmaundynge of executynge the sentences cōcernynge the cyuyle ryghtes and vtylytes wherfore Arystotle in the. vii boke of his polytykes the. viii chapytre sayd this parte to be moste necessary of al other partes in a cyuyle cōmunyte the cause hereof is for that the suffycyencie which is had by the other partes or offyces of a cyuyle cōmunyte all thoughe the sayde partes or offyces were not at all myght be suffycyētly had by other meanes and of other thynges thoughe not so easely ¶ But without a prynce or gouernour a cyuyle cōmunyte can not contynue or longe cōtynue endure for it is necessary can not be otherwyse but that offencyous euyll occasyons shall chaunce as it is sayde in the gospell of Matheue whiche offendicles as the scrypture calleth them are cōtencyons rysen amōge men for iniuryes done of them one to an other which yf they shuld not be iudged or measured by the rule of ryghtfull thynges or iustyce that is to wyt by the lawe by the prynce or gouernour whose offyce is to measure suche thynges accordynge to the lawe there myght chaunce haply by the reason therof fyghtyng a seperacyon of the men beynge congregated in a cyuyle cōmunyte the priuacyon or lacke of a suffycient lyfe The pyrnce also in a cyuyle cōmunyte ought to be more noble more perfyte in his dysposycions or qualytes y t is to wyt in prudēce vertue morall than the other partes of the cyuyle cōmunyte And that for this reason that the cause effectyue of a cyuyle cōmunyte that is to wyt the soule and wyll of the hole cōmunyte haue gyuen to this pryncypall and fyrste parte and hathe put in hym a certayne generall vertue or powre in causalyte that is to wytte the lawe And also an auctorytye and powre to worke and to do execucyon of the sayd lawes And as the naturall heate of the herte as beynge the subiecte by which heate the herte or the fourme therof performeth all his accyons is dyrected and measured in workynge by the fourme or vertue and powre of the herte and elles it shulde not worke to the due ende agayne also as the heate whiche they call cōmunelye the spyryte as beynge the instrumente to performe and fulfyl the accyons or operacyons is gouerned throughe out the hole bodye of the same vertue or powre for elles neyther outher of these heates shulde worke vnto the due ende for fyre worketh worse than the organs or instrumentes as it is red in the seconde boke de generatione and deanima euen so and in lyke maner the auctoryte of rulynge or gouernynge gyuen to any man beynge proporcionated lyke to the heate of the herte as beynge the subiecte and euen so the armed or coactyue powre instrumentall beynge proporcyonate and lyke to the heate whiche we haue called the spyryte ought bothe to be ruled and measured by the lawe in the gyuynge of iudgementes in cōmaundynge and in executynge the cyuyle ryghtes and vtylytes for els the prynce or gouernoure shulde not worke to the due ende that is to wyt to the conseruacyon of the cyuyle cōmunyte as it hathe ben sayde and proued in the. xi chapytre of this dyccyon or fyrst parte Agayne accordynge to the sayd vertue or powre that is to wyt accordynge to the lawe and auctoryte gyuen to hym the prynce or gouernoure ought to instytute and ordayne dyuerse and sundrye partes or offyces in the cyuyle cōmunyte of conuenyent matere that is to wytte of men hauynge artes habytes or qualytes conuenyent mete or accordynge for the sayd offyces For suche maner men are the matere conuenyent of the partes or offyces of a cyuyle cōmunyte as it hathe ben sayde in the. vii chapytre of this diccyon For it is mete in a cyuyle cōmunytie well instytuted to appoynte or assygne such men to the offyces of the cōmune weale whiche haue the operatiue or practyue habytes mete and conuenyent to the sayd offyces And suche as hathe not the conuenyēt habytes and qualytes as for example yonge vnexparte men to ordayne and appoynte them to learne suche habites or craftes and scyences vnto which they are naturally moste inclyned And this was the sentence and mynde of Arystotle whan he sayd in the fyrst boke of his Etykes the seconde chapytre in this wyse what scyence or dyscyplynes ought to be in cyties or cyuyle cōmunytes what maner scyences eche man ought to learne and howe moche or howe farforth this morall philosophie that is to wyt the polytycall prudence or the prudence of makynge lawes doth ordayne and instytute so consequently dothe he also which ordereth the cōmune weale accordynge to the lawe that is for to saye the prynce or gouernoure This same also he sayde in the. vii of the polytykes and the. xiiii chapitre by these wordes he therfore that is lawe maker or that gyueth the lawe ought to haue respecte to all the aforesayde thynges bothe to the partes of the cyuyle cōmunytie and also to the accyons of them The same also he sayd in the. viii boke of the polytykes and the fyrst chapytre whan he sayd thus That the lawe maker had neade or ought to be very dylygent and to take very great hede as touchynge to the ordrynge and dyscyplyne of yonge men no man verely wyl doubte For yf this thynge be not very dylygentlye sene vnto in cyuyle cōmunytes it shal hurte moch the cōmune weale thus than of these premysses it appereth that to y e law maker or vnyuersal multitude in y e parlyamēt assēbled by y e prīces cōmaundement for the same purpose apperteyneth and belongeth the determynacyon or instytucyon of the offyces and partes of a cyuyle cōmunyte that the iudgement the precepte or cōmaundynge and the execucyon of the sayd determynacyon dothe appertayne to hym that is prynce or gouernour accordynge to the lawe And also by the same demonstracyons or syllog●sticall reasons this maye be proued by whiche we proued in the. xii chapytre of this dyccyon or parte that to the sayd vnyuersall multytude belongeth the auctoryte of gyuynge lawes Wherfore it is not lawfull for any man to take vpon hym any offyce in a cyuyle cōmunyte at his owne pleasure and namely
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
or harmes of other men dothe call them selues sygulerly the spousesse of chryste This same sentence maye we perceyue and take of the wordes of the apostle in the laste chapytre of the former epystle to the Corynthyans and in the. iiii to the Lolossyans and in the fyrst chapytre to Phylemon For in al those sayde places y e apostle vseth this worde churche in that propre sygnyfycacyon which we haue sayde here afore to be his ppre and most trewe sygnyfycacyon Now consequētly must we shewe y e manyfolde sygnyfycacyons of these nownes temporall spyrytuall This worde temporall in one of his sygnyfycacyons most famouse cōmunely vsed is sayd of all other corporall thiges besyde man which beynge any wyse in his powre or gouernaūce are ordayned in the state for the state of this worldly lyfe to his vse to supple the nedes and pleasures of hym Lykewyse as in an other generall sygnyfycacyon all thynges are wonte to be called temporall that begyn or ende in tyme. For these thynges as sayth Arystotle in the. iiii boke of his physykes properly are be sayd to be in tyme In an other sygnyfycacyon this worde temporall is sayde of euery maner habyte or qualyte euery accyon or passyon of man wroughte by man towarde hym selfe or towarde any other for the ende of this world or lyfe presente yet also besyde this this nowne temporall in a more specyall sygnyfycacyon is sayde of the voluntarye accyons or passyons of man goynge or tournynge to y e profite or disprofyte of an other sondry persone from hym which hathe done that accyon or passyon of the whiche accions passyons the makers of mannes lawes most intendeth or meaneth But nowe I wyll shewe the intēcyons or sygnyfycacyons of this worde spyrytuall whiche in one sygnyficacion is sayde of all corporall substances and theyr operacyons and in an other sygnyfycacyon it is sayd of all humane accyon or passyon of his powre intellectyue or appetytyue that is to saye of all the doynges or sufferynges of his knowlege or vnderstandynge and of his appetyte abydynge or contynuynge within hym accordynge to the whiche sygnyfycacyon also certayne accyons or operacyons of bodely thynges apperynge to the sences of man are wonte to be called spyrytual and without mater as the ymages lykenesses phantasyes or ymagynacyons of thynges which sayd lykenes are in a certayne maner cause of knowlege to the soule of the whiche kynde and sorte some men iudgeth the accyons and operacyons of sensyble thynges to be also in a substance hauynge no lyfe as the generacyons of lyghtes and of certayne lyke thynges Agayne and more to the purpose this nowne spyrytuall is sayde of the lawe of god of the teachynge and learnynge of the preceptes and counsayles accordynge to the same lawe and by it vnder the whiche sygnyfycacyon also are comprehended all the sacramentes of the church and the effectes of the same all the grace of god all Theologycall vertues and the gyftes of the holy ghoste orderynge vs to eternall lyfe For in this sygnyfycacyon and very properly and metely the apostle Paule vseth this nowne spyrytuall in the. xx chapytre to the Romaynes and in the. ix chapytre of the fyrste epystle to the Corynthyans whan he sayde yf we haue sowen spyrytual thynges to you is it a great thynge yf we reape your carnal thyngꝭ where the glose after the mynde of Ambrose sayth spyrytuall thynges y t is to say such thynges which quickeneth your spyrytes or els which be gyuen of the holy ghost that is to wyt the worde of god and the mynysterye of the kyngdome of heuens Moreouer accordige to an other significacion this nowne spiritual is wōte to be taken for euery maner voluntarye accyon or passyon of man wrought as well to hym selfe as to an other for the meryte or deseruīge of y e blyssed lyfe in y e world to come of which kynde sorte be all y ● cōtemplacyons of god y e louynge of hym of our neyghbours abstynēces marcyes or dedes of pytie meke sufferyngꝭ prayers oblaciōs for honourynge of god hospitalytes pylgrymages chastysynges or ponysshynges of our owne bodyes the dyspysynge eschewynge of carnal and flesshely pleasures generally all lyke thynges downe for the ende aforesayd yet besyde these sygnyfycacyons this name spyrytuall is sayd thoughe not properly and metely as in the seconde and thyrde waye of the temple or churche taken in his seconde sygnyfycacyon of all the vesselles iewelles ornamentes whiche are in it ordayned for the worshyppynge of god And last of al certayne men very vnconuenyently and improperly stretche this nowne spyrituall to be taben for voluntary accyons exteryour of preestes or bysshoppes deacōs other mynystres of the temple and for the omyssyons of the same workes whiche workes ben to the profyte or dysprofyte of an other sondrye person from hym y t worketh them for the state of the lyfe in this worlde They do extende streche also agayne and that more improperly the same name spyrytuall to the possessyons of the sayd persons theyr temporall goodes moueable and vnmoueable to certayne prouences or reuenewes of temporall thynges which they call tyethes that vnder the coloure cloke of this name they maye be exempte from the rule of the ciuyle lawes and prynces or rulers But forsoth they do openly abuse this worde in these sygnyfycacyōs agaynst the trouthe contrary to the entencyon and vsage of the apostle of holy men whiche haue called suche maner thynges not spyrytuall thynges but carnall or temporall wherfore Paule sayth in y e. xv chapytre to y e Romaynes for yf the gentyles haue ben made parttakers of theyr spyrytuall thynges they ought also to mynystre to them in carnall thynges the same More expressely saythe in the. ix chapytre of the fyrst epystle to the Corynthyans yf we haue sowen spyrytuall thynges to you is it a great thynge yf we do reape your carnall thynges where the glose after Ambrose mynde sayth for yf we do sowe to you spyrituall thynges y t is to say those thynges whiche quyckeneth your spyryte or the whiche be gyuen of the holy ghost that is to wyt the worde of god mysterie of the kyngdome of heuens is it a great thynge yf we do reape to our sustentacyon your carnal thynges that is to saye those temporal thynges whiche are graunted to y e mayntenaunce of lyfe y t cherysshynge of the bodye Beholde here that those outwarde goodes with the whiche the preachers of the gospel ought to be sustayned in meate drynke clothynge y e apostle and Ambrose expressely calleth carnall or temporal thynges and in very deade so be they whether they be tyethes orlādes auauntages or almoses or colleccyons y e cause wherof saynt Ambrose hathe tolde because they are graunted gyuen to the lyfe and cherysshynge of the flesshe that is to say of the corruptyble lyfe The same thynge is to be thought iudged
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
yet neuerthelesse he hathe gyuen powre of byndynge and losynge to the churche that is to wyt to preestes whiche at called the churche after one sygnyfycacion of the sayde worde as it was shewed in y e secōde chapitre of this dyccyon But it is not after one maner of fasshyon that he loseth or byndeth And y t the churche that is to wyt the preestes lose or bynde but he loseth or byndeth after one maner and they after an other For he by hymselfe onely dothe so forgyue the synne y t he dothe bothe make the soule clene from the inwarde spotte and also loseth from y e dette of euerlastynge deth but he hathe notgraunted this powre to the preestes to whome yet he hathe gyuen powre to bynde and lose that is to say powre to shewe and declare that men are bounde or lose In whiche wordes he hathe expressed for what ende the offyce or mynysterye of a preest is requyred in penaunce and by and by after declarynge the same he sayde wherfore also the lorde restored fyrste by hym selfe the persone ful of Leprye to his helth and than afterwardes sent hym to the preestes by whose iudgement he shuld be shewed and declared made clene And after the same maner also after that hym selfe had reysed Lazarus agayne to lyfe he offered hym to his dyscyples for to be losed for albeit y t some man is losed afore god yet is he not accōpted or taken for losed in y e face y t is to say in the knowlege of the church but by y e iudgement and declaracyon of the preeste In losynge therfore or retaynynge of synnes the preeste of the newe lawe doth so worke and iudge as y e preeste of the oldelawe dyd worke iudge in them which were defyled with lepry which lepry betokeneth synne This sentence also he doth repete reherse agayne aboute the ende of the syxte chapytre confyrmeth it with the auctorytie of saynt Ierome vpon that sayenge of chryste in the. xvi chapytre of Mathewe and to the I shall gyue the keyes of the kyngdome of heuens where the sayde Ierome sayth in this wyse The preestes of the gospell hathe the same auctorytie and offyce which the legale preestes had vnder the lawe in olde tyme in healynge of persones whiche were infected with leprye These therfore preestes of the gospell dothe forgyue or retayne synnes whyles they do pronounce declare and shewe theyr synnes to be forgyuen or retayned of god wherfore in the boke of Leuiticus the lepers are cōmaunded to shewe them selues to the preestes whome the preestes neyther maketh full of Leprye neyther yet clene from the same but onely do dyscerne iudge and declare who be clene persones and who be vnclene The offyce and mynysterie therfore of a preeste is requyred to the penytent for the aforesayd cause that is to wyt that by hym it maye be shewed and declared in the face of the churche to whome god hathe eyther forgyuen or elles retayned theyr synnes There is another thynge also whiche god worketh in a synner not without the mynysterye of a preeste as the same mayster of the sentēces and also Rycharde do iudge that is to wyt the chaungynge of the temporall payne of purgatory whiche the synner shuld haue suffered for his synnes were he neuer so wel penytent and confessed in to some satysfaccyon of this worlde as in to fastynge prayer or almose dede or in to some other lyke dede And as touchynge this poynte the preeste exercyseth ryght of powre vpon the synner wherfore the mayster in the. xviii distynccyon and the. vii chapytre sayth thus And it is to be noted and marked that in that that any preestes do bynde any men with the satysfaccyon of penaūce they do shewe the same men to be losed from theyr synnes for penytencyall satysfaccyon is enioyned to no man but onely to hym whome the preeste doth iudge to be truely penytent for vnto other he enioyneth no satysfaccyon and in that he iudgeth his synnes to be retayned of god The preeste also chaungeth the paynes of purgatorye which were dewe to the synner in to some satysfacciōs of this world And afterwardes he reconsyleth the synners to the churche that is to wyt to the cōmunyon or felowshyp of christen men in which poynte semblably he doth exercyse powre ouer synners yf it be so that he do it accordynge to dyscrecyon and iudgement wherfore the mayster in the place afore alleged sayth The preestes also dothe bynde whan they do enioyne the satysfaccyon of penaunce to them whose confessyons they haue harde and they do lose when they do forgyue any parte of the same or elles whan they do admytte and receyue them that be purged by such satysfaccyon in to the cōmunyon or felowshyp of chrysten men to y e partetakynge of the sacramentes After this maner preestes are sayde to forgyue or to retayne synnes wherfore saynt Augustyne sayde afore To whome they do forgyue synnes god doth forgyue c. for they do exercyse the worke of iustyce vpon synners whan they do bynde them with iust dewe punysshemēt they do also exercyse y ● worke of mercye whan they do release any parte of y e same or els do recōsyle them to y e cōmunyon or ꝑtetakynge of y ● sacramētꝭ Other workes than these y e preestꝭ can not excercyse vpon synners wherof it may also appere euydētly that the bysshop of Rome maye release no more of the synne or of the payne than may an other preeste who euer he be ¶ Thus than of the aforesayd auctorytes of sayntes of the mayster of the sentences and of Rychard it appereth euydently that onely god remytteth or forgyueth the synne and the dette of eternall payne to the true penytent synner without any worke of the preeste outher goynge before or elles cōmynge betwene as it hathe ben shewed heretofore wher of I wyll also shewe an infable sure demonstracyon or argument accordynge to the scrypture and to the sayenges of sayntes and doctours For god onely is he whiche can not beignoraunt whose synnes are to be forgyuen and whose to be retayned and it is he alone whiche is not moued or styrred with any peruerse or croked affeccyon whiche iudgeth no man wrongfully But it is not in lyke case of the churche or of any preest who euer he be euen the bysshop of Rome for euery one of them maye otherwhyles erre and mystake or elles be inclyned moued by peruerse affeccyon or els both wherfore yf the synne the dette of eternal payne or dāpnacyon shuld not be forgyuen to y e true penytēt hauynge dewe put pose to be confessed or also after he hathe ben confessed in very dede because the preeste happely dothe retayne his synne eyther throughe ignoraunce or malyce or bothe than often tymes that faythfull promyse of chryste in the gospell shulde perysshe and be of no strengthe or truthe wherby he sayde that
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 cōtencyons 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 cōmune name are called clarkes may do or worke otherwhyles euyll outher in cōmyssyon 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 kyngꝭ to prynces to capytaynes and to suche other theyr deputyes accordynge to the exposycyons of sayntꝭ 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 trāsgressours of mānes 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 trāsgressoures of mānes 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 mānes 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 cōmytted 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 offencꝭ by howe moche the preest or bysshop in cōmyttynge 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 cōmaunded 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 cōmune 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
sayd gyfte belonge to any other seculer prynce or gouernour This auctoryte therfore shall belonge onely to hym whiche is the heed cheyfe or pryncypal of all other preestes the bysshop of Rome by the auctoryte of god yf it may not be the ryght of any prynce or seculer gouernour hereof also it semeth necessarylye to folowe that to hym also belongeth the auctoryte of dystrybutynge or gyuynge the benefyces or the temporalles of the churche for these maner thyngꝭ are gyuen for the exercysynge of theyr offyces ¶ Of the aforesayd thynges also it semeth that it may be inferred and concluded y t the same pryncypall bysshop hathe coactyue iurysdyccyon vpon all other bysshops of the worlde and all other mynystres of the temples or churches for they are subiectes vnto hym by the ordynacyon of god as it is euydent of the reason afore made whiche thynge also maye be confyrmed and fortyfyed by the aforesayde both boke and chapytre of I sodore for amonge other thynges there he wryteth so as here foloweth ¶ But in that counsayle the prynce or emperoure dyd a meruaylouse dede whiche I do suppose is not to be passed ouer with scylence for when the bysshops were come togyther almost from all places and as it is wonte to be had broughte certayne braules or cōtencyons of dyuerse causes amonge them selues he was often tymes called on and lybelles was offerde and crymes were offerde of eche one of them and they gaue theyr myndes more vnto these thynges than to that thynge for whiche they were come but he seynge and perceyuynge that throughe suche braules and cōtencions the cause of the hyghest and greattest busynes was hyndred backed or frustrated he set apoynted a certayne daye whan euery one of the bysshops shulde brynge in his complaynte yf he had any suche mater of complaynte And whan he was set he receyued of eche one theyr lybelles whiche all togyther holdynge in his bosome and not openynge them to se what was contayned within them he sayd to the bysshops God hathe ordayned and made you preestes and hathe gyuen to you powre to iudge of vs also and therfore it is welldone and ryght y t we be iudged of you but you may not be iudged of men wherfore abyde you or tary you for the iudgement onely of god betwene you and youre braules or contencions what soeuer they be let them be reserued to that iudgemēt of god For you are goddes gyuen vnto vs of god it is not cōuenyent that any man do iudge goddes wherfore to conclude the auctoryte of iurysdyccion vpon them appertayneth to hym which is the god of suche goddes in erthe as he is called that is to wyt the bysshop of Rome ¶ And of the same thyngꝭ also it semeth that the same bysshop hath auctoryte to call togyther to cōmaunde generall councelles of preestes in the same coūcelles to propoūde or put forthe to determyne such thyngꝭ whiche he shall thynke in his mynde worthy to be put forthe to be determyned aboute the lawe of god the ecclesiasticall custome and ceremonyes Concernynge the auctorite of gatherynge a generall coūcell I sodore in the preface of his sayd worke sayth thus But the auctorite of gatherynge synodes hath ben cōmytted by pryuate or peculyar powre auctoryte to the apostolyke see Neyther do we rede any synode to haue ben of effecte or strengthe which hathe not ben cōgregated strengthed by the auctoryte of the sayd see These thyngꝭ the canonycall auctoryte wytnesseth or recordeth These thyngꝭ the ecclesiastical hystorie fortyfyeth confyrmeth These thyngꝭ the holy fathers also confyrme and as touchynge to the powre or auctoryte of defynynge or determynynge the sence or menynge of the scrypture the same I sodore speakynge in the same boke chapytre saythe in this wyse Furthermore we haue set forth to syght in this volume y e Decrees of dyuers coūcelles both greake councelles latyne which haue ben made outher afore or after in dystyncte sondry chapytres vnder the ordre of nombres tymes puttynge after also y e other Decrees of the popes of Rome vntyll saynt Bregorie certayne epystles of hym in which the auctorite of the apostolyke see is egall to the auctoryte of the councelles It foloweth than that the pope by the auctoryte of his owne selfe alone may determyne that thynge whiche the auctoryte of the generall councell may determyne for asmoche as his auctoryte is not vnegall to the auctoryte of the general coūcelles after I sodores sayenge ¶ The same also semeth to haue ben y e mynde opynyon of saynt Iherome in his epystle intytled of the exposycion of the catholyke fayth where he sayth thus This is the faythe O most blessyd pope whiche we haue learned in the catholyke churche which we haue alwayes holden or kepte in whiche yf haply any thynge hath ben put eyther not learnedly or to openlye we desyre that it may be amendyd by you whiche do kepe the faythe and seate of Peter but yf this our confessyon be approued and alowed by the iudgement of your apostleshyp who soeuer shall be wyllynge to spotte or defyle my name he shall proue hym selfe to be vnlarned or euyll wylled or also no catholyke persone and not me to be an heretyke ¶ And as touchynge to the powre and auctoryte of ordaynynge or decreynge those thynges whiche appertayne to the ecclesiasticall customes or ceremonyes and to eternal helthe it appereth by the oracle or saynge of chryst in the. x. chapytre of Luke for there he saythe to the apostles and to all bysshops or preestes in the person of the apostles who soeuer despyseth you despyseth me who soeuer despyseth me despiseth hym that hath sent me It foloweth therfore that the statutes of preestꝭ are to be obserued obayed of the necessyte of saluacyon Therfore of these powers assygned to the bysshop of Rome and other more large saynt Bernarde makynge a colleccyon to Eugenius pope in his seconde boke De consideracio sayth in this wyse Nowe are the rest to be repeted yf at y e leste any there be of the place whiche we haue declared or dysputed of go to let vs serche yet dylygentlye who thou arte that is to wyt what persone thou doste beare for the tyme in the church of god who art thou ¶ A great preest hyghest bysshop Thou art heed or pryncipall of bysshops Thou art heyre of the apostles thou arte in prymacie A bell in gouernaunce Noye in patriarcheshyp Abraham in ordre Melchysedeche in dygnyte Aron in auctoryte Moyses in iudgemente Samuell in power Peter in a noyntyng chryst And it foloweth by by after in the same chapytre And thou alone art pastor or herdysman not onely of the shepe but also of all pastors or herdysmen Askest thou wherby I do proue this by the wordes and sayng of chyrst For to whom I do not saye of bysshops but of the apostelles also hath all 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 cōtradyctorye 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 īmedyatlye 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 contēptyble 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 agayn●● 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 cōmaunde 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 cōmytte 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 thyngꝭ 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
Chryste was not the gouernour of y e emperour of Rome Bonyface y ● maker of decretalles A good artycle of our fayth worthye for sucha bysshop The abuse of excōmunycacyon No man can make the people to byleue this abhomynable p̄sumpcyon pryde The bysshoppes of Rome with theyr desyrynge of domynyō hath ben y e causers of dyscorde warres Coactyue iurysdiccion apperteyneth to no spyrytual mynystre of the church as concernynge he is a spyrytual mynistre Howe to oppresse y e vsurped powre of the man of Rome They which dothe not resyste cuyl mē are iniuste ꝑsones Of the fyrste aduersarye agaynst the truthe The charytable desyre of marsilius Of y e seconde aduersary to truthe Custome to here lyes The thyrde aduersarye to truthe Enuye Enuye The ordre of procedynge in this dyccyon or parte The bysshop of Rome hath no iurysdiccyon ouer preestes Note this Churche Iudge Spyrytuall Temporall This worde church what it betokeneth The proper sygnyficaciō of this word churche All true chrysten people ben men of y e churche For whome chryste suffered his passyon The sponsesse of chryste Temporall Spyrytuall Paule went neuer to y e canon law and therfore he knewe not y e nature of this worde Spyrytuall The mynystres of the churche maye synne why the dectetalles were made Iudge Iudgement Aduocate The first auctorite of scripture which semeth to make for the popes powre Wherof y e pope hath taken to hymselfe auctoryte to reygne rule The seconde auctoryte The thyrde auctoryte The fourth auctoryte The. v. auctoryte The. vi auctoryte The. vii auctoryte The. viii auctoryte The fyrst naturall reason The seconde The thyrde The. iiii The. v. The. vi That y e pope is not aiudge nor gouernour seculare what maner powre y e pope hathe That chryste cam not to be a lord or ruler Chryste dyd exclude hym selfe and the apostles from worldly kīgdome or gouernaunce Iohn̄ xviii The kyngdō of chryste Chryste dyd speake of spyrytuall kyngdome or gouernaunce Chryste fled eschewed y e dygnyte of a kynge The kyngdome of heuens Chryst wold not be iudge or vmpyre Note this Iherome Orygen Ambrose Bernarde Of payenge trybute Augustyne Bernarde Orygen Let men of y e churche loue not playe y e lordes Chrysostome Ecclesiastical ꝑsons ought to be seruauntꝭ not to be lordꝭ rulers Iherome Orygen Basilius magnus Bernard Ambrose This texte is but euē nakedly alleged of y e authour Ambrose Augustyne Gregorius Bernardus Bernardus Bernardus Bernarde rayleth agaynst y e spyrytualte Euyll rulers are to be obeyed as reuerētly as good rulers The soule is put for y e mā Bernardus Bernardus Of this worde power Marke this well I counceyll you That we are bounde to do as the Decretals cōmaundeth The power is profytable whether it be good or euyll That all mē oughte to be subiect to prīces and gouernours Ambrosius Bablynge lyeng Decretals the decretals prestꝭ ar to be obeyed in those thingꝭ whiche are accordynge to the gospell Ambrosius Chrisostomꝰ There is not your auctoryte gyuen preestes to be iudges Augustinus To absolue the subiecte from the bonde and othe of his allegeaūce is manyfest heresye That saynte Paule was subiecte to Cesar That preestꝭ be subiectꝭ to seculer pryncꝭ or gouernours The offyce of preestes Penaunce Iherome Hierome Augustyne The power of the keyes Penaunce what god worketh before cōfessyon in a synner That god only forgyueth synnes Ambrose Augustyne It is sooner sayde than proued Then he wrytheth them Howe preestꝭ haue powre to bynde and lose Ierome Marke this well This geare muste be iudged by higher iudges whether there be a purgatory after this lyfe o● no. To whome penytencyall satysfaccyon is to be moyued The pope for gyueth nomore the synne than any other preeste then yf the preeste do his dutie as he is bounde who gothe to purgatorie and thē wherfore shuld we beleue that there is one This man rayleth Chrysostome Ierome God regardeth y e lyfe of men not the iudgement of the preestes when excommunycacyon ought to be done Note this The forme maner of doyng excōmunycacyon what y ● apostles vnderstode or meaned by this wrode church Augustinus Augustinus Excōmunycacyon is not cōmytted onely to preestes The character of holy ordre This is but a sely sorye glose A corollary● What thyngꝭ god alone worketh in man what thyngꝭ are done by y e preeste we be not agreed as yet of any purgatorye aft this lyfe The keye of dyscrecyon Ambrose The symylytude betwene y e preeste and y e iudges saruan̄t oriayler The worde of god bideth and loseth Marke this my maystres The preeste sheweth and declareth the synner to be absolued but dothe not assoyle y e sinner and then farewell the fetchynge of mēnes soulꝭ out of purgatory Nota. Iacob iiii The physicyon of y e soule is lyke to the phisycion of the body The preeste hath auctorytie to tech but not to cōpelle this forget not for the pope leseth here his sharp swerdes and his gōnes his moryspykes his hauldebardes The dyuysyon dyfference of manner actes Sodayne konwledges affeccyons Knowleges affeccyons appetytꝭ abdyng and permanent Dedes procedynge of delyberacion ben called the preceptes of the mynde He meneth y ● man hath fre wyll in actes delyberate yf he be iudged with the spyryte of god A dystynccyon of actꝭ cōmaunded or done with good aduysement Inward actꝭ outward actꝭ A dystynccyon of outward actes Profytable Unprofytable harmefull Artꝭ and scyences A dystīccyon of coactiue rules lawes Mānes lawe Goddes law Secte is here well taken The lawe of Chryste Cause motyue is y e kyng which is heed of the churche correctoure in this lyfe of all crymes enormyties y t issue forth What a kyng is Yea euen a bysshoppe Bysshoppes are subiectes as well as bochers The trāsgressoure is the stuffe matter the kynge is the cause effectyue apte to worke vpon the stuffe To be a preeste is but an accedētall thynge The preeste hode taketh not awaye y e man nor chāgeth hym in to an aungell Preestes oughte to be punysshed by the secular iudge and yet Thomas of Caūturbery wolde not haue it so The obiectyon of the sprytualtie is answered vnto The Pope of Rome is not exempte frō the iurysdyccyon offeculare prynces It maye be graunted to preestꝭ to haue wyues Fratres gaudētes Begini Relygyous men receyue men that be not lerned in to theyr orders Lawyers There is but one lawe maker Chryste A iudge here is taken but for a preacher This iudge hath no coactyue powre The clargy many a yere hath done all by cōpulsyon as with swerde and fyre Ambrose Fayth is voluntarye Yf men seme to be punysshed for breakynge of goddes lawe in this world as for cōmittīge aduoutry for nycaciō theft heresy and so forth it is because the malyce of theyr hertꝭ breketh forth and disq ●eteth theyr neyghbours therby offēdeth y e kyngꝭ lawe not