vpon a deed persone but such a certayne cloth or thus many tapers or candeles / whether the statute be good And it is lefte for a question SuÌ Ro. in the tytle excoÌicatio .i. diuisione .xviii. Para. viii in fine Thinges iÌmouable of the church maye nat be gyuen SuÌ Ro. in the tytle feodum Para. i. et vide ibi in principio / what feodum is To whom treasure founde belongeth And the answere therin varyeth moch fro the lawe of the realme / and is also agaynste the kyngê prerogatyue Summa Ro. in the tytle furtum Para. xi The goodes of deed men go to the heyres / and that of dampned men / and by that terme goodes they vnderstande landes tenymeÌtê SuÌ / Ro. in the tytle hereditas Para. i. If goodê be fouÌde that were lefte of the owner as forsaken who hathe right to them Sum. Ro. in the tytle inuenta Para. ii et vide Sum. Ro. in the tytle furtum Para. xvii If a man bequeth another mans good of what effecte it is SuÌ Ro. in the tytle legare para i. et .ii. If a man bequeth to his wyfe his ornamentes whiche haue certayne golde and Iuelles vpon theÌ that is nat lawfull to vse after the statutes of the countrey whether the golde Iuelles passe Ro. Legare para xiiii et xv If a maÌ bequeth to his daughter whaÌ she maryeth a certaine soÌme of money / she entreth in to relygion whether the bequeste holde Ro. in the tytle legare Para. xxvii If two haue an house in comen and one wyll sette it / and the other wyll dwell in it / who shal be preferred Ro. locatio Para. vi wherby the rent of a thiÌg set to ferme shal be released Ro. locacio pa. ix et .x. And it is sayd by tempeste and enemyes c. et vide pedagiuÌ .xviii Whether the rente shal be encreased if the thynge let be amended of it selfe Ro. locacio Para. xi et .xii. And it is saide if a myll encrease by decaye of other mylles / the reÌte shal be encreased If a prelate relygiouse without assente of the couente make a lease for terme of lyfe / or to a certayne terme / he is suspended / nought goth to the grauÌtee Ro. locacio pa. xxiiii Whether laÌdes of the church may be pledged Ro. pignus para vi Whether a prescription serueth agaynste him that hath payed a thiÌg longe without cause And it is aunswered naye Ro. pÌscripcoÌ pa. xxii Whether vpon a nude contracte may be grounded any accion And it is sayd yea Ro. êmissio pa. v. If a monke that is fugytiue / or a postata come to goodes / to whom beloÌgeth the goodes And it is said there to the monasterye Ro. religio para i. and Loke Ro. religio .iiii. para xii Whether goodes that a man gyueth to the monastary that he goth to folow him if he go to another monastery Ro. religio .iiii. Para. xi ¶ An answere to the artycles contryued in the seyd .xiii. question WE thynke that all the seyd artycles be eyther agaynst the kinges lawes / orels that they be of non auctorite in this realme And therfore whosoeuer in this realme ordre their conscyence after the determynacyons of the seyde soÌmes mencioned in the seyd .xiii. questyon / and by the auctorite of the seyd sommes we thynke they erre in conscyence And we thiÌke ferther also that it is very lyke that soÌme spirituall men in ar by tremeÌtes other couÌselles / and also in their iugementes haue ben disceyued therby in tyme past And that it is very lyke that many of them wyll be so / tyll a playne declaracyon be made therupon / accordynge to the lawes of the realme And the daunger is such / that they that gyue sentence accordynge to the seyd artycles or any other that be agaynst the lawe of the realme bynde theÌself therby to restitucoÌn nat only of the thinge in variaÌce / but also of all the costê damages that the êtye shall sustayn by occasion of the same ¶ The .xiiii. questioÌ the .xvii. cha WHat shulde cause the hyghest comeÌ welth now in these daies The .xvii. chapiter ¶ An answere to the .xiiii. questioÌ THe hyghest comeÌ welth that could be now in these dayes wer this That al kynges priÌces wolde fall to a louynge pease and concorde togyther / that they wold than consyder what highe power auctorite they haue receyued of our lorde ouer his people / how strayt accoÌpte they haue to make therfore herafter / and that they wolde thervpon with all dilygeÌce fro tyme to tyme put that power in execucyon to the honoure of god and welth of the people And that they specially by such counsell as they shall thiÌke most disposed to saye the truthe Haue this verse whiche is written Psalmo .ii. Et nunc reges intelligite erudimini qui iudicatis terraÌ And this text Rex sapiens populi stabilimentuÌ est which is Sap. ii Playnly and truly expounded and declared vnto them / and dilygently to folowe the same And certayne it is that he that sayde My delyte is to be with the sonnes of men / wolde nat haue his people lyue out of ordre / ne be blynded with darkenesse of ignorauÌce And if the seyd textes be wel vnderstande / it wyll appere therby / that the high iugemente is in princes / and that it lyeth in princes to appease all varyaunces and vnquyetnesse that shall ryse amoÌge the people / by what occasion soeuer it ryse spyrituall or temporall / and it wyll appere therby also / that the kynges grace hathe nowe no newe auctorite by that / that he is coÌfessed by the clergy / and auctorised by the parlyameÌt to be the heed of the churche of Englande For it is but only a declaracyon of his fyrst power by god commytted to kynglye regall auctorite / no newe graunte and that for all the power that he is the heed of the churche / that yet he hath none auctorite to minister any of the sacrameÌtes / ne to do any other thiÌg spyrituall / wherof oure lorde gaue power only to his apostles and discyples And bycause princes haue nat here tofore commenly ben lerned of theym selfe to knowe their owne power in all thynges to them coÌmytted by god It is therfore expedyent that they haue trewe / iuste and indyfferent counseyle / as well spyrituall as temporall / the whiche as minysters vnder them / maye fro tyme to tyme declare theire power vnto them / and put them in mynde what is expedyent to be done for the coÌmen welth settyng alway truthe before their eyen / with the faithe and obedyence that they are bounde to bere vnto their prince / specyally coÌcernynge the power and auctoritye that he hathe receyued of god / for mynistracyon of Iustyce vnto his subiectes / and for kepynge of them in peace and quyetnesse ¶ Of dyuers auctorities and reasons / wherby many
that the mater shuld contynue in varyaunce / as it hathe done in tyme past Also it hath ben a ryght great default in many of the clergye that seynge that they haue made pretence openly that it is agaynste the lawe of god / that prestes shuld be arraygned before laye men / and that they haue yet opeÌly preched and taught / yea / and executed it in dede openly byfore the face of the worlde / that if a preeste be degrated that than he may be put in execucyon For though he be degrated he is a prest as he was before / bycause the carecter is indelyble And so that pretence of degratynge semeth to be none other / but an illudyng of the truth And that the bysshops wolde bringe the matter to that poynte / that such prestes as they wold haue arreygned afore laye men shulde be arreygned / and that none other shulde ¶ Also sith the knowlege of the lawes of the realme is in many cases necessarye to all men in this realme for the clere orderyng of conscyence and for gyuynge of true counsell to the people It is a great defaute in many of the clergye / that they haue endeuored theÌselfe no more to haue knowlege therof thaÌ they haue don And what incoÌuenyeÌces haue come therby / no man can tell for by that occasyon ignoraunce hath ben preferred before knowlege / as well in outwarde courtes / as in the secrete Courte of the soule ¶ Also it hath ben a great defaute in many of the Clergye / that they haue pretended / that it hath nat ben conuenyent for laye men to treate of the power of the clergye / ne to reason what be the keyes of the church / ne to touche the power of the makiÌg of their Canons / or to treate which be resonable and which nat for that right specyally belongeth to priÌces and their counsell to loke vpon for if they shuld be driuen to beleue the iugement of the clergye in thinges concernynge the honour / power / iurisdyccion of the clergye agaynst their owne / they might happely be disceyued for the more power that the clergy hath in temporall thiÌges the lesse is the power of princes / therfore they that be lerned in the kinges lawes / ar specyally bounde before other to know the power of the kynge and of his parlyament For howe can they knowe that the lawe that they haue lerned is to be ministred amonge the people / If they knowe natte whether the kynge by whose auctorite it is ministred / haue power to coÌmauÌde the ministracyon of it Also he that knoweth nat that the parlyament of Englande hathe power by the hole church of EnglaÌd can nat fully knowe the power of the parlyament Furthermore no man can knowe the power of the kynge and of his parlyameÌt but he knowe the power of the clergy For it is no dout but that such power as the clergye hath by the iÌmediat graunte of Christ / the kynge ne his parlyameÌt can nat take it from theym thoughe they maye order the manner of the doynge What an abusyon is it thaÌ in theÌ that wolde make the lerners of the lawes of the realme beleue that it is nat conuenyent for them to serche / ne knowe what is the auctorite of the clergye for the auctoritie of kynges and of the clergy be so lynked togyther in many thinges / that the one can nat be knowen / but the other be knowen also And yet as it hath ben reportyd / many right notable men haue ben brought to that belefe in tyme past Moreouer it is no defaute in lerners of the lawe to pretende ignorauÌce in high doutes of scripture that parteyne nat to the lernynge of the lawe / but to pÌtende ignoraunce in the power of the kinge and his parlyament or of the clergy which be the thinges that most specyally parteyne to the approuynge or dysaprouynge of that they haue taken in haÌde to lerne is gret defaut And furthermore / sith dyuers spuÌal men haue taken vpon theÌ to reason whether laye meÌ haue power to assygne what cloth shal be layed vpoÌ a deed corse at his buryall / what candelstyckes other thinges shall be set about hiÌ / and what nat why shulde nat leye men / and specyally those that be lerned in the lawes of realmes and countreys serche whether the reasonynge and determynacyon therin procede vpon an indifferency accordyng to the trouth or vpon a synguler couetice of them selfe / and if they ought nat nor miât nat do so / thaÌ might the clergy happely biÌde laye meÌ to that they ought nat to do in many cases Neuerthelesse we thinke nat that al the hole clergye be fallen into these defaultes before rehersed for we doute nat but that ther be many of theÌ that haue their eyen fully set open vnto the trouth ne yet we thinke nat that any of the clergye now lyuyng be in the ful defaute of the sayd abusyons for many of theym were bygonne by their predecessours before their tyme / and therfore if they wyll herafter endeuour theÌ self with good dilygeÌce to helpe that the defaultê which were first begoÌ by their pÌdecessours may be reformed They shall therby deserue great thanke of god / gyue also a good a blessed exaÌple to al the peple toward a good vniuersall reformacion Amen ⧠Fautes in printynge ¶ In the tenth chapiter the fourth lefe / the seconde syde / the .xix. lyne / rede many for any ¶ In the .xiii. chapiter the seconde lefe / the fyrste syde / the .viii. lyne / rede vnder for vnto And in the .ix. lyne for abbot rede the abbot ¶ In the .xvi. chapiter / the seconde lefe / the seconde syde / the .xiii. lyne / rede emunitas for emunitatas / and in the .v. lefe / the first syde / the .xiiii. lyne / rede contayned for contryued ¶ In the .xviii. chapiter / the .xiii. lefe / the fyrst syde / and the last lyne rede to be herde / for herde The table THat kinges and priÌces haue their auctorite iÌmedyately of god of obedyeÌce to theÌ the .i. cha ¶ Certayne other auctorities concerniÌg kynges princes the .ii. cha ¶ Of auctorities prouyng that kiÌges in tyme past haue ordered thinges that some men call spyrituall thynges The thirde chapiter ¶ Whether the statute of Silua cedua / that treateth of tyth wood / be agaynst the lawe of god the .iiii. ch ¶ Whether the spuÌall spirituall Iudges be bouÌde in any case to take knowlege of the kynges lawes The .v. chap. ¶ Of arraygniÌge of prestes before laye men The .vi. chapiter ⧠Whether any of the constitucioÌs prouincyall be agaynste the kynges lawes / and of the exposicyon of maister Lynwode made therupon The .vii. Chapiter ¶ Whether the treatyce called Circumspecte Agatis / be a Statute The .viii. Chapiter ⧠Whether crysten kynges haue any lesse power ouer their subiectes after their conuercyon than they had whan they were Paynymmes The .ix. chapiter ¶ If a kynge that is an Infydele offre to be conuerted / but he wyll receyue no holye dayes but onely the sondayes / nor haue his Subiectes bounde by anye lawes / but of hys owne makynge / whether he shal be receyued with those condicyons The .x. Chapiter ¶ If a vowe be made to a saynte / whether that avowe must be performed vpon payne of restitutyon The .xi. Chapiter ¶ If the writ of ExcoÌicato capiendo / were put awaye / whether the keyes of the churche were thereby offended The .xii. chapiter ¶ Whether the artycle of the statute of Carleole that treateth of comen seales / be a statute the .xiii. ch ¶ Of excoÌicacyons made agaiÌst the kynges lawes The .xiiii. chap. ¶ By what lawe the kyngê courte is put out of Iuriâdiccyon / for tythes The .xv. Chapiter ¶ Whether diuers cases contained in the SuÌmes called SuÌma rosella and SuÌma angelica / that be recyted in this chapiter / staÌde with the lawes of the realme the .xvi. ch ¶ What shulde cause the hyghest commen welth nowe in these dayes The .xvii. chapiter ¶ Of dyuers reasons to proue that the clergye haue bothe powers spyrytua and Temporall / with answeres therto The .xviii. chapiter ¶ Of abusyons in dyuers of the clergye concernynge the lawes of the realme The .xix. chapiter ¶ Finis ¶ Printed at LoÌdon by Thomas Godfray Cum priuilegio Regali
all goodes be iÌ whose handê soeuer they come And so the parliament hath full power to ordre them / so that the lawe of god be nat broken by their ordre And it is nat to thynke that the kiÌge and his lordes spyrituall teÌporall and the comeÌs that were at that parliament wolde haue ben so farre ouer seen / to haue made a statute againste the lawe of god / and if it be sayde that the tenthe parte amonge the Iewes in the olde lawe / was a lawe of god / that therfore it ought to be obserued / among cristen men as other morall lawes be Yt may be answered / that payeng of the tenth parte for tythes is no morall lawe / and therfore it cessed whan the passyon of Christe was fully preched knowen amoÌge the people as other Iudicyalles and Ceremonialles dyd And therfore if it were prohibyted / that it shulde nat herafter be lawfull for any man / to saye that the sayde statute is agaynst the lawe of god It is very like that it shuld cause great quyetnes herafter betwene the Curattes and their parysshons in many places in this realme ⣠The .ii. question the fyth cha wHether the Iuges in spryrituall courtes be bounde in any case to take knowlege of the kynges lawes / and to iuge therafter or nat The fyfth chapiter ¶ An answere to the seconde question IF any questyon or doute ryse in the spuÌall spirituall courte concerniÌg the ryght or possessyon of any teÌporal thyng / wherof they in the spyrytuall courte / after the custome of the realme maye holde ple. The iuges there are bounde to iudge the right to him that hathe right by the kynges lawes As if a man haue two sonnes / one borne before espousels / and another after and he bequeth to his sonne and heyre an hundreth pounde / they in the spyrituall courte are bounde to iuge the hundreth pouÌde to him that is heyre by the lawes of the realme Also if a man haue a porcyon of tythes in another parysshe / so longe tyme that it maketh a prescryption in the spyrytuall courte / but nat in the lawes of the realme He hath no ryght to that porcyon for lyke as a lawe made by the Clergye / that one curate shulde haue a porcyon of tythes in another parysshe were voyde So is a prescription voide that is grouÌded onely by the lawe made by the Clergye / agaynst the prescryptioÌs of the law of the realme And in the lawe of the realme there is no lesse prescryption / thaÌ fro the tyme wherof no mynde of man renneth to the contrarie Also if a man by his wyll byqueth certayne money or goodes to a monke / that by quest is voyde in the lawes of the realme And so they in the spyrituall courte oughte to iudge it ⣠The .iii. questyon the syxt cha WHether it be agaynste the lawe of god to arraigne prestes before laye meÌ or nat The .vi. cha ¶ An answere to the .iii. question AS to the very auncyeÌt grouÌdes of the comeÌ lawe of this realme prestes shulde be put to answere before the kiÌges iustyces as well in actions real and personall / As iÌ felonyes murdrers treasons / as farforth as any laye men shulde be Neuerthelesse / by a contynuall pretence that the clergy haue made that it is agaynste the lawe of god that clerkê shulde be put to answere before laye men / or their bodyes arested They haue hadde great fauoure in suche thinges / more than laye men haue had Howbeit whaÌ they haue had such fauour / they haue natte taken it as a fauoure of the kynge or his lawes but as a thiÌge whiche they ought of right to haue by the lawe of god And thervpon they haue at many parliameÌtes made pretence to haue more lybertie in that behalfe than the comen lawe custome of the realme hathe gyuen them / and more than laye men haue had And to cause the matter more playnly to appere I shall recyte soÌe statutes that haue been made in dyuers parlyamentes in tyme past / coÌcernynge the pretence of the clergye therin Fyrst in the statute of Marlebrygge in the .lii. yere of kynge Henry the thyrde It is inactyd thus If a clerke be arrested for any offence belongyng to the crowne and after by the kynges coÌmaundemente he is let to bayll or is repleuied So that they to whom he is taken to vayle shall haue hym before the kynges iustyce c. That they to whoÌ he is taken in bayle / nor his other pledges shall nat frotheÌsforth be amercyed / if they haue his body before the iustyce though he wyl nat or maye nat answere before theym / for the priuylege that he is a clerke / by which statue it appereth that before that statute clerkes were arrested for offeÌces agaynst the crowne and it appereth also that clerkes clamed their priuyleges than / as they do nowe / but the Statute doth nat afferme or alowe that they oughte to haue it For the statute was nat made to that entente / but it was made onely for the indempnytie of the pledges / that though the clerkes in such case wolde nat answer for trust of their sayd priuylege / that yet the pledges shulde bere no losse therby as some men take it that they shuld haue done by the lawe / but the priuylege of clerkes was lefte in dout as it was before And prestes were put to answere before the kynges iustyce after that statute as they were before / and so contynued the varyaunce / vntyll the treatyce of Articuli cleri was made / which as it is sayde is a statute / and was made in the .ix. yere of Kynge Edwarde the .ii. at whiche tyme the Clergye made many artycles of certayn grefes done / as they sayd to the church of Englande / wherby is vnderstande the clergye of Englande wherof one was that though a clerke ought nat as they sayde to be iuged before a seculer iudge / ne any thynge to be done agaiÌste him wherby he might come to the parell of deth Neuerthelesse / they sayde that seculer Iuges make clerkes that fle to churches and there knowlege their offences to abiure the realme / and admitte the abiuratioÌs for that cause / though thei be nat their iuges thervpon And so sayde they that there was gyuen to laye men an indyrecte power to punysshe clerkes if they come into the realme agayne To this coÌplainte the seyde treatise answereth thus / sayth A clerke fleeng to the church for felony / to haue the defence of the church / if he afferme him selfe to be a clerke shall nat be compelled to abiure the realme / but yeldynge hiÌselfe to the lawe of the realme he shall enioye the lybertie of the church / after the laudable custome of the realme vsed iÌ tyme past And it semeth that by this worde Clericus in the sayd treatyse is vnderstande only a Clerke that
that who so euer had any variaunce and wolde put it in iugement of the bysshops / that anon without doutyng it shuld be sent to the iugement of the bysshoppes yet that graunt is of none auctoritye in this realme for the kinges grace here knoweth no superiour vnder god And therfore for hiÌ lyeth no appeale And ouer that / if the kiÌges grace made such a grauÌte to his bysshops in this realme / that they might holde ple of Temporall thynges / the graunte were voyde for it were agaynst his lawes And furthermore we knowe no auctorite to proue that the seyde Emperours made the seyd grauÌt confyrmacoÌn but onely the recytall of the seyde lawe made ex de iudicus Ca nouit And that semeth nat suffycient to bynde the Emperoures / ne their successours / onles their assent could be proued by other suffyciente matters of recorde The .viii. reason ALso it is sayde Deutro xvii If any thynge be harde and doutfull to the bytwext blode and blode / cause and cause / leprye and leprye / thou seest the iugemeÌt variant bytwext the persones / thou shalt come to the prestes of the Leuytycall kynde to the iudge that shal be that tyme / which shall shewe the the truth of the iugement / and thou shalte do what so euer they that be there in the place that our lord hath chosen saye / and thou shalt folowe their sentence / and than they saye that syth prestes in the newe law be of no lese auctorytie and power thaÌ preestes of the olde lawe were c. that they ought to haue no lese auctorytye and power than the other hade / but rather more An answere to this .viii. reason ¶ It is no dout but that the offyce and ministracyon of the prestes of the newe lawe are more notable more worthy than the offyce or ministracyon of the prestê of the old law were For they were iÌ a derknesse these in the lyght They in fygure / these in truth of the thinge fygured And therfore for the highnes of their auctoritye in spuÌall spirituall thynges / the iugement orderynge of temporall thinges is the more vnconuenyente for them And for that cause it was that the apostels sayd Act. vi It is nat mete for vs to leue the worde of god and minyster to the tables And sith the appostles thought that the ministracyon to the tables / thoughe it were a right charitable dede / was vnmete for their offyce which stode specyally in preachyng and teching and in prayer and contemplacyon / and other ghostly counseyls and ministracyons to the people How far vnmete is it thaÌ to their successours to take vpon them as it were a dede of highe êfectyon / to iuge betwixt cause and cause / tytle and tytle / as well of landes tenementes / as of goodes and catales yea and somtyme of thynges concernynge the lyfe of man Therfore the same reason that is made to proue that bycause the auctorytie and power of prestes in the newe lawe / is no lesse thaÌ the auctorite and power of the prestes of the olde law was / that therfore they shulde haue as moch auctorite to iuge betwyxte blode and blode / cause and cause / leprie and leprie as the other had / maketh right strongly agaynst theÌ And further it is to be noted that in the seid texte of Deu. xvii It is nat sayde onely that the partye shall come to the prestes of the leuytycall kynde / but that he shall come also to the iudge that shall be that tyme / but whether that iudge muste be of the leuytycall kynde or nat it doth nat appere c. ⧠The .ix. reason ALso in this mater in hath beÌ sayde / that Emperours at the begynnynge had some right in the Empyre / but for their siÌne that they dyd agaynst holy sayntes / and that specyally agaiÌste the high bysshops they were depryued of the right of the Empyre / and that the right therof was translated vnto the church / for he deserueth to lese his priuilege that abuseth the power to him coÌmitted xi q. iii. Ca. priuilegium An answere to the .ix. reason ¶ Emperours had tytle to the Empyre of the immediat gyfte and ordynaunce of god long tyme before the comynge of Christ / and it appereth nat that euer Christe toke that power from them And though soÌe of them mysdemeaned themselfe agaynst holy sayntes / and that specyally against the high bisshoppes Yet why they / or their successoures shulde therfore lese the right of the Empier which was gyuen to them of god There is no reason / for though some of theÌ were euyll / the successoures might be good as vndoutedly many of theym haue ben And some tyme an euyll man is suffered of god / for the proufe of good men / ouer that admytte that they wer worthy to be depriued for their offences fro the right of the Empier Yet why that right shulde be translated to the churche / it wyll be harde to proue it by reason For as for to the lawe that is aleyed for the proufe therof that is to say .xi. q. iii. Ca. PriuilegiuÌ That he deserueth to lese his priuilege that abuseth the power to him coÌmytted / proueth nothynge that it shulde be translated to the churche / takiÌge by that terme church / the bysshops and clergye For it is no dout but that the emperours receyued nat the emprye of the Clergye / wherfore it semeth that that reason is but of lytell streÌgth to proue that both powers / that is to say spuÌal and teÌperal shulde be in the clergy ⧠The tenth reason ALso it is sayde Psal lxxi Deus iudicium tuum regida et iusticiam tuaÌ filio regis iudicare populum tuuÌ in iusticia et pauperes tuos in iudicio That is to saye / O lorde god gyue thy iugement to a kynge / and thy iustyce to the sonne of a kynge to iuge thy peple in iustyce / and thy poore folke in iugemeÌt And thaÌ this reason hath ben made thervpon / that these wordes were spoken lytterally of christ as they were in dede / as a prayer that the father of heuen wolde gyue his iugement iustyce to Christ And they saye as the trouth is / that that power was fulfylled iÌ Christ as it appereth Ioh. v. Where it is sayd Pater omne iudicium dedit filio The father hath gyuen all the iugement to his sonne And also christe sayth himself Mat. xxviii All power is gyuen to me in heuen and in erth And than this reason is made further That that power that christe had he neuer gaue to emperours or kynges / but to his discyples / whan he sayd to them QuodcuÌque liga c Wherfore bothe powers spuÌall spirituall and teÌporall syth the tyme of christe hath ben in his appostels and discyples / and in their successours An answer to this tenth reason ¶ It is no dout