¶ An answere to the sayd fyrst question

THe statute of Silua Cedua wherof mencion is made in the sayd fyrst question standeth wel with the lawe of god / and ought in conscience to be obserued / aswell by the clergye as by the people in this realme: and these be the causes that moue vs to say so: We thynke that the payeng of the .x. parte of wode aboue .xx. yere can nat conuenyent­ly serue for the susteynaūce of y ^e spirituall minystres / for they muste yerely and dayly be susteyned / and the profyt of that wode may happe­ly [Page] nat come in an hundreth yere or more / for the wode shall growe as longe as it shall please the owner / and therfore whan our lorde (Leuitici .xxvii) appoynted to the iewes / wherof tythes shulde be payde / he appoīted nat that any tythes shulde be payde of the trees / but of y ^e frutes as there appereth. Another cause is this. Though the people be boū de by the lawe of reason and also by the lawe of god / to fynde to their spirituall ministers a resonable porcion of goodꝭ to lyue with / yet that the people shall paye precysely the tenth parte to their spirituall mini­sters in name of that porcyon / is but by the lawe of man. And therfore if the tenth parte in any countrey suffysed nat for the minysters / the people were bounde to gyue theym more. And accordynge to that / that is sayd before / speketh Iohn̄ Gersō [Page] in a treatise that he nameth Regule morales / where he saythe thus.

Solucio decimarū sacerdotibꝰ est de iure diuino quatenus clerici inde sustententur: sed quotā hanc vel illam assignare aut in alios redditꝰ cōmutare positiui iuris existit.

That is to saye / The payenge of tythes to prestꝭ is by the law of god so that they therwith maye be susteyned / but to assygne this porcyon or that / or to chaunge it into other rentes / is by the lawe posytyue / that is to say / by the lawe of man. And syth the tenth parte is by the lawe of man / all custommes and prescrip­cyons of payment of tithes in name of the tenth parte ought to be obser­ued / so that the spyrituall ministers haue suffycient [...] / and the sayd statute is no farther / but that a pro­hybicyon shall lye where a man is sued in the spyrituall courte for tith [Page] of wood aboue the age of .xx. yeres by the name of Silua Cedua / as it hath done in tyme past. and though tythes be called spyrituall / yet they be in dede temporall: as all goodes be ī whose handꝭ 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 kīge and his lordes spyrituall & tēporall and the comēs 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 [Page] of Christe was fully preched & knowen amōge 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.

¶ An answere to the se­conde question.

[Page]IF any questyon or doute ryse in the (spūall) spirituall courte concernīg the ryght or possessyon of any tēpo­ral 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 poūde 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 [Page] shulde haue a porcyon of tythes in another parysshe were voyde. So is a prescription voide that is groū ded onely by the lawe made by the Clergye / agaynst the prescryptiōs of the law of the realme. And in the lawe of the realme there is no lesse prescryption / thā 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.

¶ An answere to the .iii. question.

[Page]AS to the very auncyēt groū des of the comē lawe of this realme prestes shulde be put to an­swere before the kīges iustyces: as well in actions real and personall / As ī 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 clerkꝭ 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 whā they haue had such fauour / they ha­ue natte taken it as a fauoure of the kynge or his lawes: but as a thīge whiche they ought of right to haue by the lawe of god. And thervpon they haue at many parliamētes made pretence to haue more lybertie in that behalfe than the comen lawe & [Page] 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 sōe statutes that haue been made in dy­uers parlyamentes in tyme past / cō cernynge 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 cōmaunde­mente 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 whō he is taken in bayle / nor his other pledges shall nat frothēsforth 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 / [Page] by which statue it appereth that be­fore that statute clerkes were arre­sted for offēces 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 [Page] 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 agaīste him wherby he might come to the parell of deth. Neuerthelesse / they sayde that seculer Iuges make clerkes y ^t fle to churches and there knowlege their offences to abiure the realme / and admitte the ab­iuratiōs 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 cōplainte the seyde treatise answereth thus / & [Page] 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 hī selfe to y ^e lawe of the realme he shall enioye the lybertie of the church / after y ^e laudable custome of y ^e realme vsed ī tyme past. And it semeth y ^t by this worde Clericus in the sayd treatyse is vnderstande only a Clerke that is withī ordres / and nat euery clerke that can rede. And than it appereth farther by the sayde treatyse that if he wyll haue the defence of y ^e church he muste confesse the felony / for the seyde treatyse is / that he submyttynge himselfe to the lawe of the realme shal haue the lybertye of the churche. And by the lawe of the real me he must confesse some felony be­fore he haue that lybertye. Neuer­thelesse bicause this article hath nat [Page] ben seen / but seldom ī vre it hath bē a doubte to many men whether the Corowner shall be iuge ī that mat­ter himself / or whether the Corow­ner muste sende him to the kynges iustyce / and than they either to commytte him to the ordynarye or to remytte him agayne to the sent warye as they thynke ought to be done by the lawe. But I suppose that ī this case the Corowner is the iuge. And another complaynt that the clergye made at the makynge of the sayde treatyse called Articuli Cleri was this. They sayde that though the conusaūce made before him that is nat iuge of hī that maketh the conu­saūce holdeth nat / nor suffyseth nat to make proces / nor to gyue sentēce vpon. Neuerthelesse / they sayd that some seculer Iuges admytte the ac­cusation made by clerkes by waye of approuynge or appelle / though [Page] they be nat of their iurisdyctyon as they sayde. But reteyne suche clerkes / that confesse before them their owne enormyous offences: as thef­tes / robbories & manslaughter / and delyuer thē nat after to their p̄lates though they be thervpon suffyciently requyred. Ne though before thē for all theire owne confessyon they maye nat be iuged ne condempned without brekynge of the lybertie of the churche. To this complaynte the sayde treatyse answereth thus: To an apprower asked by thordy­narye in due forme as a Clerke / the benyfyte nor the lybertye of the churche shall nat be denyed. By whiche complaynte and answere made thervpon / there semeth to appeare two thynges / one is / that the Clergye pretended that the confessyon of a clerke made before a seculer iuge for murder or felony byndeth nat. The [Page] second is that they founde them greued / that whan clerkes made suche confessyons / & thervpon approued other for the Kynges aduauntage as they might do by the lawe. That than thoughe the ordynaryes came and asked them as clerkes / that yet the iuges wolde nat delyuer them. And that was trewe as the ordyna­ryes sayd / bycause they that the clerkes hadde appealed / might offre to ioyne battayle if they wolde / which tryall by the lawe might nat be ta­ken fro him that was so approued. And as to that artycle the sayd treatyse assented to the request of y ^e clergye and graunted that he shulde be delyuered to the ordynarie whan he asked him. And so by that treatyse the ioynynge of battayle is takē fro the appelle. But as for the fyrst ar­tycle / that is to saye that seculer iu­ges shulde be no iuges to clerkes / [Page] the seid treatise regarded it nat / but lefte it as it was before. And after this varyaunce / thus contynuynge without accorde / clerkes were con­tynually put to answere before the kyngꝭ iustyces as they were before. In so moch / that as well seculer clerkes as chapelaynes / and monkes / & other men of relygion were drawē and hanged by the awarde of secu­ler iustyces / as appereth by the re­cytall of the statute made in the .xxv yere of kynge Edwarde the thirde. Pro Clero the .iii. chapiter / which the Clergye sayde was to the great preiudice of the fraunches of holye churche / and to the oppressyon of y ^e Iurisdyctyon thereof / wherfore it was accordyd and graunted by the kynge in his sayd parlyament / that all maner of Clerkes as well secu­ler as religiouse y ^t shuld be frothēs­forth cōuycte before iustyces seculer [Page] for any maner of treason or felonye touchyng any other persone thā the kynge or his royall maiestye shulde haue & enioye frely from thens forth the preuyleges of the holy church of Englande / and shall be without impechement or delaye delyuered to y ^e ordinary whan they demaunde thē. And thervpon the Archbisshoppe of Caunterbury / promysed that suche couenable ordinaūces shulde be made for the sauegarde & chastysement of the seyd clerkes / so that none shulde herafter take any boldnesse to of­fende for defaut of chastisment / and so it appereth that the intente of the kyng and of his parlyament at the makynge of the seyde statute / was / that in treason or felonye touchynge the kynge / they shulde nat haue the preuylege. And in the chapyter next folowynge / it is ordeyned / that clerkes that be arrayned before seculer [Page] Iustyces / the which chalenge their clergye / and be demaunded by the ordynaryes / shalbe forthw ^t delyuered vnto them without delaye. And afore that statute somtime the iuges wolde remaunde clerkes to prison / sayenge they had other thinges to saye vnto them. And that is prohi­byted by the seyde statute / & after in the fourthe yere of kinge Henry the seuenth. It was enacted that a clerke which was nat within ordres and had his clergie / shlude be bur­ned vppon the lefte hande / in suche maner as by the seyde statute appe­reth. And that if any persone at the seconde time that he is arrayned demaunde his clergye by cause he is withī ordres / & hath nat his letters there / nor thordynaryes certifycat that than the iustyces shulde giue a day by their dyscretyon to hym / to bringe in his letters or certifycat / & [Page] if he fayle therof at that daye / he to be put fro his clergye. And so by that statute it appereth that if a clerke that is nat within ordres be brenned in the hande / and than be made a preest / and be after arrayned of felony & than he saith that he is with in ordres / but he hath nat his letters nor any certyfycat of thordynarye / wherfore he hathe a daye to bringe them in / accordynge to the seyd sta­tute of Anno quarto. And at the day he faylleth therof / that he shalbe put fro his clergye / and therof must ne­des folowe / that though he be with in ordres / he shalbe put in execucōn. And furthermore it is nat lyke that there was any sufficient proufe she­wed at any of the seyd parlyamentꝭ that it shulde be against the lawe of god / that preestes shulde be put to aunswer before laye men. For it is nat to presume / that so many noble [Page] princes and their counseyle / ne the lordes / and the nobles of the realme ne yet the Comons gathered in the sayde parlyamente / wolde fro tyme to tyme / renne in to so great offence of conscyence / as is the brekynge of the lawe of god. And if ther be no suffycyent proufe / that it is against the lawe of god / than the custome of the realme is good / to put them to answere vpon. And than is there great defaute in all the clergie / that so depely hath resysted the seyde cu­stome vppon a surmyse that is nat trewe / ne can nat be proued. And where dyuers spyrituall men haue in tyme past made pretence as well in open sermons / as in other cōmu­nycatyons / that it is agaynste the lawe of god to put preestes to aun­swer before laye men. And for profe therof haue layde this texte.

Nolite tāgere christos meos. p̄. ciiii [Page] That is to saye / Touch nat my an­noynted / which they applye only to prestes. It is apparant that it is no lytteral exposycion / for after the let­ter of the seyd texte. It maye as wel be applyed to kynges / yea / and to euery christen man / as to prestes.

And after saynte Augustyne / and saynte Hierome / there is no sence of scrypture suffycyente to proue an argumēt but only the lyterall sence.

♣ The answere to the .iiii. questiō.

[Page]IT is no dout / but that dyuers of the constitutyons prouyn­cyall / & also of the Legantynes of Octo and Octobon / be dyrectely a­gaynste the kynges lawes and his prerogatyue / which can nat be here conuenyently rehersed. And than it must nedes folowe / that the exposy­cyon made by master Lynwod vpō the same / is againste the kinge and his prerogatyue. For vpon a feble foundacyon can nat be sette a stable buyldinge / wherfore it were righte expedyent / that the seyd cōstitutiōs and legantines so beynge againste the kynge and his prerogatyue.

And the seyde expositions also: shulde clerely be prohybit and rased out of the bokes / so that the younge men that shall herafter sette them selfe to studye the Canons / shall nat be disceyued therby hereafter as manye haue ben in tyme paste.

¶ An answere to the .v. questyon.

THe treatise that is recited in the .v. question that is called Circumspecte agatis / is recyted in a constitucyon prouyncyall / which is in the seconde boke of the consty­tucyons / and begynneth: Circum­specte agatis & infra / in maner worde for worde as it is conteyned in y ^e seyd treatyse / that is taken for a sta­tute amonges the learners of the la­wes of the realme / which also beginneth Circumspecte agatis / and it is recyted in the sayde Constytucyon [Page] that is was taken out of the kynges answeres. But we neuer sawe any proufe that it was so. And there be in the seyde treatyse dyuers thinges that be directly agaynste the lawes of the realme: as it is in this poīte. That prelates for fornycatyon / a­uoutrye / and such other: may som­time assygne bodily payne / and somtyme pecunare payne. And the law is / that prelates shall neuer assigne pecunary payne for correction of sin but onely at the desyre of the partie. And also it is recyted in the seyde treatyse / y ^t if the prelate of any chyrche / or his aduocate aske of a ꝑsone a pencyon / that the sute shulde be in the spyrituall courte / and the lawe of the realme is euyn to the contra­ry. And we thinke that if it had ben a statute / that the lawe shulde neuer haue ben vsed therin so directly a­gaynste the statute as it hathe ben [Page] vsed. And in the .xix. yere of kynge Edwarde the thirde in a writ of Annuyte brought in the kynges courte agaynst the sayde artycle of the seid treatyse. It is sayde that the seyde treatyse is no statute / but that it was named so to be by the prelates. And also the seyde writ of Annuytie / is iuged to be mayntenable in the kynges courte / and that is dyrectly a­gaynst the seyde treatyse of Circumspecte agatis / wherfore we thīke it is no Statute.

¶ An answere to the .vi. question.

WE neuer sawe cause why kinge Lucyus or kinge Ethelberte recyted in the seyde syxte Questyon shulde haue any lesse auctorite ouer theire Subiectes after they were Christened than they hadde before whan they were Paynymes.

Howebeit truth it is that after they and theyr people were conuerted / they might nat compel their people to forsake the christen faith whiche they had receyued ne to do any thinge agaynste the christen fayth / but that was no bondage vnto them ne abatynge of their power / but a great lybertye and fredome in god. [Page] Wherby they & their people were deliuered fro y ^e bōdage of infidelitie y ^t they were ī before their conuersion. 1. ¶ And yf anye man wyll saye that the power of Princes shulde be abatted by the wordes that oure lorde sayd to his discyples Mat. 18. What so euer ye bynde vpon erthe shalbe bounde in heuyn / and what so euer ye lose vpon erthe / shalbe lo­sed in heauen: And that by those wordes his disciples & their successours shulde haue power to make lawes / wherby princes and their subiectes shulde be bounde / and that therfore the power of princes after the com­mynge of Christe was abated euyn by the lawe of god. To that it may be answered that holye scrypture is nat to be expounded onely after the lytterall sence of the texte / that it is written in / but after other textes of scrypture concerning the same mat­ter. [Page] And they to be so construed and declared / that there be no cōtraryositie in theym / as vndoutedly there is nat / if they be well and truly vn­derstande. And accordynge to that sayenge there is a texte construed. Luc. vi. that sayth. Et qui aufert que tua sunt ne repetas. That is to say / If any man take fro the that is thyne / aske it nat agayne. And if that texte shulde be onely taken ac­cordyng to the sence of the same text withoute anye further decleratyon therof / than all propertie were put awaye / and lawes and iustyce con­cerninge goodes shulde nothing be regarded / wherby the hole commen welth shulde be distroied. And therfore that it was nat thentente of our maister Christ / that the seyde wor­des shulde be so vnderstāde / it appereth by the wordes that he sayde.

Mat. xix. Non facies furtū. Thou [Page] shalte do no thefte. And in that he prohybiteth thefte / wherby is vn­derstande generally the vnlawfull takynge awaye of our neighbours goodes. It appereth that whan he speke the seid wordes / Luc. vi. that his meanīge was nat that it shulde be laufull to take away the goodes of his neyghbours / ne that he that they were taken fro ought nat by iustyce to aske them agayne. But ra­ther that his wordes shulde gyue occasyon to him that the goodes were taken fro / to prepare himselfe to suffre the wronge as in his herte / and to do nomore for the reuengynge of the seyde wrongfull takynge, than shulde be expedyent to reforme him that dyd the wronge / and to feare o­ther that they shulde nat do lyke of­fence. And to that intente charitye wyll that the owner shall aske his goodes agayne. Also whan oure [Page] lorde sayde to his Apostles. Luce. xxii. (Iudas than beyng one of the apostles) I haue ordeyned to you as my father hathe ordeyned to me / the kyngdom of heuen / that ye shall sytte vpon my table in my kyng­dome / iugynge the twelue Trybes of Israell. And it can nat be taken that our lorde mente that the kyng­dome of heuen was ordeyned to Iudas. For Iohn̄ .xvii. He called hī the sōne of perdicyon / and therfore the wordes that oure lorde spake in that texte / were to be vnderstande of Matthias thappostell whō oure lorde knewe shulde be chosen in the place of Iudas / and he that taketh those wordes to be vnderstande of Iudas / as well as of anye other of the apostles is farre deceyued. Also the same text what soeuer ye binde. &c. to one intent / is construed accor­dynge to thentent of the maker / that [Page] is to say of oure mayster Christe / & nat onely accordyng to his wordes for his intent was that suche aucto­ritie as he wold his disciples shuld haue therby: shulde go to their suc­cessours to the ende of the worlde / and yet his wordes streche onely to the apostels selfe. But for asmoche as he came to make a lawe & Testa­mente that shulde contynue to the ende of the worlde. It is conueniēt to thynke that his wordes shall be taken accordynge / for if his wordes shuld be taken to streche only to his dyscyples / than by their dethe / his wordes had ben determyned / and that had ben a thynge of a small ef­fecte / for commynge so farre as he came / and for sufferyng so gret payne as he suffered: It is no doubte therfore but that his wordes in that behalfe shall be taken to streche to their successours / and than syth his [Page] entent shalbe construed more lar­gely than his wordes streche vnto as to the contynuaunce of their auctorite / why than shall nat his intent be construed more strayte than his wordes sounde vnto / for declaryng what auctorite he wolde his discy­ples shulde haue especyally concer­nynge the power of princes / seynge that he hath declared his intent him selfe / as it shall appere hereafter y ^t he hath done / for declaration wher­of it is to be considered that there be dyuers auctorityes of Scripture / wherby it appereth that oure lorde neuer intended by his commyng in to this world to take any power fro princes / but that they shulde haue lyke power ouer their subiettes after his commyng as they hadde before and that may appere thus. He sayd Luce. xx. Reddite que sunt Cesaris Cesari. Et que sunt dei / deo. That [Page] is to say / gyue ye to the Emperoure that is his / and to god that is his. And he also payde to the Emperour tribute and what power entēded he to take fro the Emperour that payd him trybute / he also refused to de­uyde the inheritaūce betwyxt the .ii brethern / sayeng to them / who hath ordeyned me to be deuyder betwyxt you. Math. xxii. As if he had sayd though I haue power to do it: yet I am nat come to execute y ^e power / but go ye to the Emperours lawes that be ordeyned for it / he sayd also Io. xviii. Regnum meum non est de hoc mundo. That is to say / my kyngedome is nat of this worlde / as who sayth though I be a kynge / and that the grettest kynge that euer was / and myght take all power frō kynges and princes if I wolde / yet I come nat to execute that power / Christe also refused to be a kynge / [Page] and so by all his dedes he shewed playnly that he came nat to be a kīg ne to take away any power fro prī ­ces that lyued in pouertye hī self / so farre vnlyke to princes / & syth euery dede of Christ is an instruction to euery christen man. It must nedes be so most specyally to his apostels before all other to īstructe them that they shall do as Christ dydde: And furthermore to proue that the mea­nyng of Christ was nat that his appostels & discyples shulde take anye power fro prīces by any thyng y ^t he had spoken to thē of before: He sayd to his appostles after his resurrection thus. Accipite spiritum sanctū sicut misit me pater et ego mitto vos. Ioh. xx. Take ye the holygost as my fader hath sent me / I sende you. And certayne it is that the very in­tente / why Christ was sente by his father into the worlde nexte to oure [Page] redēption / was to teche & preche the truth / and to fulfyll the wyll of his father in mekenesse / pacyence / suffe­raunce / & such other / and to enduce the peple through his example and doctryne / to dispyse this worlde / & to desyre the worlde to come. And to the same intente Christ sente his appostles / as appereth by the seyde wordes / & nat to be lyke prīces or to take power fro princes / but onely to order thynges concernynge their ministracōn / as to appoint in what bred and wyne the sacrament of the auter shalbe cōsecrated & such other. Also it appereth. Act. xiii. that the holyghost appered to the ministers at Antioche as they were ministrīg to our lorde / and dilygent in fastīg. And commaunded theym to sende Saule and Barnabe / into a worke that he had appoynted them to.

And it appereth in y ^e same chapiter [Page] that the worke that he appoīted thē to / was to preche Ihesu the sonne of Dauid to be y ^e sauiour of the world / & how he was gyltlesse put to dethe buryed / and rose agayne the thirde daye. And who can thinke but that their successoures were sente to the same purpose as they were / and nat to take vpon them many powers & auctorities that many of them haue vsed in tyme past. And if it be asked to what intente Christe than speke those wordes. Quodcum (que) liga­ueritis. &c. If he ment nat that his disciples shulde therby haue power to make lawes to ordre the people / for he speke nothing without cause. It maye be answered that he gaue them auctoritie therby / to seperate euyll men for their offences / fro the cōmunyon of the good people / & to commaūde the good people also to eschewe theire company / & to make [Page] absolution therof agayne. &c. whi­che be great powers and maye do gret good if they be charytably put in executyon. But if they wyll de­clare the seyde texte / in suche maner that they shulde therby take power fro princes which Christe lefte vnto them / or to exalte their owne power more than Christe gaue vnto them. Than princes maye resyst their de­claration therī. yea / & ar boūd to do it / & there princes ought to be iuges takyng such of the clergie vnto thē as they shall thynke conuenyent. wherof vndoutedly there be righte many that wyl nat be blinded with suche worldly honour and vanyte. And so it semeth that the seyd texte / Quodcum (que) ligaueritis. &c. shalbe taken specyally accordīg to theffecte of the other auctorities before rehersed: and nat onely accordyng to the lytterall sence of the same texte.

[Page]Also though some men haue sayde that our lorde gaue to his discyples both powers. That is to saye.

Spyrituall and temperall / whan the apostles sayde vnto him (Luc. xxii.) Lorde / here be two swerdes / And he answered: That is ynough And that he shuld mean therby that he wolde that they shuld haue both powers / for if he had nat ment so / he wolde nat haue sayd of the .ii. swerdes / It is ynough. But it is to mo­che. And that therfore princes ha­ue had sythe that tyme their tempo­rall power of the spyrituall power. To that it maye be answered / that those wordes were neuer spoken of those two powers / as the letter of y ^e seyd gospell playnly declareth: For the letter is this. Our lorde a lyttel before his passyon / sayde to his dis­cyples thus: Whā I sent you with out secke / scryppe / or shoes: dyd you [Page] wante any thynge? And they sayde naye. Than he sayde vnto them.

But nowe he that hath a secke let hī also take his scryppe. And he that hath no swerde / let him sell his cote and bye a swerde / for I say to you: that it behoueth that that is written of me shalbe fulfylled. Et cum ini­quis deputatus est: that is to saye: he is accoūted among wyked men: And than he sayd further: And truly tho thinges that be written of me be nygh at an ende to be fulfylled: And than they sayd / lorde / lo here be two swerdes / and he sayde vnto them / it is ynough. And Lyre whiche trea­teth princypally vpon the lytterall sence of Scripture / sayth that tho wordes were spoken by oure lorde to instructe his discyples / that som­tyme it is lawfull for a man to defende him selfe moderatly from perse­cutours / and that therfore the Appostelles [Page] beyng at that tyme well cou­raged to defende them selfe / regar­ged more tho wordes that our lorde spake of the swerdes / than they did eyther of their seckꝭ or of their scripbes. And therfore they answered / here be two swerdes / & than he knowynge that it was the wyll of his fa­ther that he shulde suffre deth for re­dēption of man: sayd: it is ynough. As though he had sayd / those two swerdes suffyce and be ynough to defende me fro deth aswell as many thousand of swerdes shulde do / for I that accordyng to y ^e wyl of my father wyl wylfully suffre deth for mā loke for no defēce of swerdes. This semeth to be the intente why he sayd of the two swerdes / it is ynough / & nat to sygnyfye therby that thappo­stelles shuld haue both powers spi­rituall and temporal / and if it shuld be taken to be ment so, it shulde nat [Page] be by a litterall sence / & after Saint Augustyn and saynt Hierome / it is onely of the lytterall sence of holye scripture that a suffycient argumēt may be taken / & so we thynke those wordes to bere but a small effecte a­ny thynge to abate the power of prī ces. And where some mē haue sayd that the clergye haue auctorytie by the gospell to here all causes that shulde be shewed vnto them by any maner of complaynt: and that that shulde appere by the wordꝭ that our lorde sayd. Math. xviii. If thy brother offend the correcte him betwen him and the onely / And if he here y ^t thou hast wone thy brother / and if he here the nat / take with the one or two wytnes / and if he here the nat than / than shewe it to the chyrche / and if he here nat the churche / lette him be to the lyke an Ethenyke and a publycan / and that in somoch that [Page] the gospell cōmmaunded to shewe the offence to the chyrch / & sheweth nat in what cases that it shall ther­fore be vnderstāde in all cases / and that bycause it is sayd / shewe it to y ^e chyrche / that it was mente thereby that it shulde be shewed to the cler­gye: To that it maye be answered that by that worde chyrche is nat vnderstande only the clergye / for they vndoutydly make nat the chyrche / for the hole congregation of Christē people maketh the chyrche: And by­cause the hole people of christēdom can nat be gathered togyder / so that they may haue such matters shewed vnto them all: therfore it can nat be taken that our lorde ment y ^t it shuld be shewed to al the people / for he cō maūded nothyng but that may well & resonably be obserued: And ther­fore whan it is sayd shewe it to the chyrch. It is to be vnderstande therby [Page] / that it shall be shewed vnto thē that by the lawe & custōe there vsed haue auctorite to correct that offēce And therfore he that in this realme wyll gyue charytable monycyon to his neyghbour that offendeth in suche a thynge as the kynge by his lawes & custome of his realme may lawfully punysshe / and he wyll nat yet amende. Wherfore he sheweth it to the kynge or to his iuges / or to his iustyces of peace ī the cōtrey / or other offycers that after the lawe & custome of the realme may reforme it. He hathe therin right well ful­fylled the gospell. And if the offence be of such thynges as by the custom of the Realme be called spyrituall: As it is of auoutry / fornycation / & such other / wherof the clergy maye holde ple. And thervpon bycause y ^e partye that he hath gyuen monicyō to / according to the gospel / wyll nat [Page] amende / he sheweth it to the ordy­nary or to his offycers. We thynke that he hath also right wel obserued the gospell. But to saye that y ^e seyd wordes (Dic ecclesie) shulde take any power fro princes that they had at the commynge of Christ / or that they haue had syth that tyme by the lawes & customes of theire realmes and countreys. We thinke that the seyde wordes do nothynge amount vnto it. And furthermore it shulde seme to make a repugnauncy in scripture. If it coulde be proued that our lorde gaue auctoritie to his ap­postles & discyples to make lawes / that shulde take any power fro kynges. For it is sayde. Psal. ii.

Et nunc reges intelligite erudi­mini qui iudicatis terram. That is to saye. O ye kinges vnderstāde ye: and be lerned that iuge the worlde: by whiche wordes it appereth [Page] that kynges iuge the worlde. And howe coulde that be trewe if the appostles & discyples of Christ & their successoures shuld haue auctorite to make lawes generally to bynde prī ces and their people: And scripture is alway true. Also it is written.

Sapienc .vi. Rex sapiens populi stabilimentum est. That is to saye.

A wyse kynge is the stablenesse of his people: By which wordes it se­meth that it must of necessyte folowe that kynges haue also power and auctorite to stable their people. For wysdome withoute power can nat stable the people. But how can any kynge either by power or wysdome stable his people / if the clergy haue power to make lawes to bynde him and his people / onles that he shuld be taken as iudge ouer those lawes wherfore we thinke that lyke as kī ges and prynces before they were [Page] cristened / had power to order their people after the lawe that they than were of / and had power to auoyde all suche thinges: as might bringe any vnquyetnesse amonge their peo­ple / that so the same princes after they were conuerted to the chrysten faythe / hadde as full power to kepe their people in peace and quyetnes as they had before they were criste­ned. And that they maye auoyde althyngꝭ that might breke their peace or bringe vnquietnesse amonge their people / by what occasyō so euer it shulde happen to ryse / so that they offēde nat the crysten faith that they haue receyued.

¶ The answer to the .vii. questiō.

THe answere that is made to the syxte questyon / sheweth suffyciently & playnly ynough how [Page] this seuenth question may be answered. For if the Clergie haue aucto­ryte by the lawe of god to make ho­lydayes / and also to make lawes to bynde princes and their people / thā there maye be none that wyll be of christes fayth that shal refuse them / For euery christen man must specy­ally ꝓfesse to obserue and kepe the lawe of god. But if the clergy haue made holydayes and lawes by a fre consente and agrement of princes & of the people / or by graunte of prin­ces / & nat by the lawe of god. Thā maye suche a kynge that is vncry­stened / and desyreth to be crystened refuse all those holydaies & lawes For they be nat made by the imme­dyat auctorite of the lawe of god / But the Sondaye / all crysten men be boude to kepe holi by example of our lorde / which in the seuenth day rested frome all workes that he had [Page] made. As it appereth. Gene. ii. And yet we suppose that the Son­daye that is now vsed amonge cry­sten men / might be chaunged to a­nother daye in the weke by princes and their people / so that one day in the weke be kepte as a daye of rest / for prayer and contemplacyon. For it is but by the lawe & ordynaunce of man that the Sondaye is kepte on this daye as it is nowe kepte a­monge christen men / for among the iewes it was kepte on the saturday Neuerthelesse our meanyng is nat that it were good to haue the Sonday alteryde to any other day in the weke / for y ^e day that it is nowe kept on semeth to be the most conuenient daye that can be appoynted for it.

But our intent is to shewe how the Sondaye is by the lawe of god / & howe it is by the lawe of man. And as for all other holye dayes they be [Page] but ceremonyals brought vp by the deuotyon of the people / thorowe the good ensample of their bysshoppes and prestes / whiche vndoutedly ly­ued a blessed lyfe / in fastynge / prayenge / and contemplacyon / in the bygynnynge of the church / more purely than lay mē dyd / so farforth that princes seyng the grace and vertue that was in them / were contented to suffre them to do many thynges concernynge the good ordre of the people / which they might haue do­ne themselfe if they hadde lyste: but princes haue nat al way accompted ceremonyes concernynge the orde­rynge of the people / to be of suche weyght as they haue ben in dede: but haue holden them as small matters which haue ben very weyghty and therfore they haue suffred the Clergye to ordre them whyles they haue benne busyed in weyghtyer [Page] matters for the comō welth as they haue thought / though it haue natte alway ben so: for many ceremonyes be ryȝt moch to be regarded & many persones haue benne punysshed for brekyng of them as greuously as yf they had offended agaynst the lawe of god and somtyme more / and ther vpon in proces of tyme the people haue thought that the clergye haue ordered suche ceremonyes and ma­de lawes theruppon by their owne power and by the immedyat aucto­rytye of the lawe of god / where it hath nat ben alway so in dede / but they ought in manye cases to haue put the princes and their people in mynde to haue done it / and that is the very dutye of a watchmā to put the rulers of the cyte in minde what thinges be lyke to be dangerous vnto the cytie / and therupon to be cal­lers on that remedy may be prouy­ded [Page] before the daūger come. But y ^e clergye by such sufferāce (as before appereth) haue takē vpon thē to or­dre suche thynges as by their owne auctorite / & that hath caused moche people to drede them & their lawes more than their princes / wherby the power of princes to thē gyuen by god / hath greatly decayed and ben but lytel regarded / and by this suf­feraunce the clergye haue extended their power vpon the people verye greuously where vpon great grud­ges haue rysen in manye places amonge the people: wherfore nowe that such grudges be knowen prin­ces be bounden to knowe their own power and omyttynge other thīges that be nat for the tyme so necessary for the comen welth / ar bounde also to put to their handes for reforma­cyon / and nat to cesse tyll they haue brought such maters to a good q̄et­nesse. [Page] And as for other holydayes / if the multytude of thē be thoughte hurtfull to the common welthe / and rather to encrease vyce than vertue / or to gyue occasyon to pride rather than to mekenesse / as parauenture the synodales and pertyculer holy­daies haue done in some places / the parlyament hath good authorite to reforme it. But as for the holydays that be kepte in the honour of oure lady / the postles / and other auncyēt sayntes / they seme right necessarye & expedyent to be cōtynued / though they be nat merely groūded by auctorite of the lawe of god. Thus we thynke that such a prince as wolde be conuerted to the christen faythe maye refuce any of the ceremonyes and lawes made by the Clergye in tyme paste / and yet be receyued to the principall artycles of the christen relygyon.

¶ An answere to the .viii. questiō.

IF a mā haue auowed to offre a horse or any other thynge to a saynte / byfore a certayne Image. He that hath the profet of y ^e offerīge there / hath after the lawes of the realme no propertie in the thyng so auowed tyll it be offred in dede. For after the lawes of the realme / suche a vowe is but as a nude contracte / and is voyde to all intentes / as to the lawe / if it be nat performed.

But if it be offred to the saynte ac­cordyng [Page] to the auowe. Than he that hath the profet of the offerynge hath good propertie in it. Howbeit if the partye lyue we thinke it is ex­pedyent that he make his offerynge in fulfyllynge of his auowe / onlesse he haue an vrgent cause to lette him that he maye nat do it. And if he ha­ue suche a reasonable cause / than it semeth that he may turne it to some other good dede after his deuocion / for the lawe by [...]eth him natte to any restytucyon. And in lykewyse it is / if a man withoute hauynge. Quid pro quo. promyse to gyue a­nother .xx. pounde at a certayne day that promyse in the law of the real­me is also voyde / and is called in y ^e lawe a nude contracte / and none accyon lyeth vpon that promyse.

Ne the partye is nat bounde in con­scyence to fulfyll the promyse with­out he entended to be bounde by his [Page] promyse whan he made it. But if he vpon the promyse made an othe that he wolde performe it / than we thynke he is bounde in conscyence to parforme it in sauynge of his oth whether he entended to be bounde by his promyse or nat / though he be nat bounde therto by the lawe: But to saye that restitucyon must be made in this case to him that hathe the profyte of that offerynge / is but a­vayne sayeng. And the people wolde be playnly instructed therein / to thentente that if any suche case shulde happen hereafter / that no man shulde thynke him selfe bounde in conscyence to restytutyon where he is nat bounde to it. And so to haue a grudge in cōscyēce where it nedeth nat.

¶ An answere to the .ix. questyon.

IF the writte of excomunicato capiendo. That is commenly called a Significauit / were put a­waye by parlyamente / the keyes of the church were nothinge therby offended. For if the clergye make an excomunication / & the partye excō municate wyll nat obeye it / but ob­stynatly stande in his malyce / the clergye by vertue of the keyes hath no auctorite to imprison him there­vpon / ne to compell him to any pe­naunce / ne to procede any farther bi their owne power. But than it hath ben vsed by a lawdable custome of [Page] the realme in mayntenaūce of good ordre and vertu among the people / That if the bysshop certifye the kinge that suche an excomunicat ꝑsone hath ben accursed .xl. dayes & wyll nat be iustyfyed by the censures of y ^e chyrche / as they call them / that than the kynge of his specyall grace shal dyrecte the sayd write of Excomu­nicato capiēdo to the sheryffe where the partye dwelleth cōmaundynge him therby to iustifye the partye by the body vntyll he haue satysfyed y ^e chyrche / both of the contempt and of the wronge. &c. And so it appe­reth that the grauntyng forth of the sayd wrytte of Significauit dependeth onely vppon the power of the kynge and of his lawes & nat vpon the īmediate power of the clergye. Therfore though it were prohibyt the power of the clergye remayned hole vnto theym as it dydde before. [Page] Neuerthelesse oure intente is nat to proue that it wer good to put away the seyde writte of Significauit. For it is right good and conuenyēt to be vsed whan the case requyreth. But our intent is to haue it knowē that the power of the grauntyng of the seyd writte dependeth vpon the sayd custome and lawes of the real me / and nat vpon the power of the Clergye: so that the Clergye maye the rather parceyue what great fa­uoure the kynge & his lawes hathe borne to the spyrituall Iurisdictiō vpon trust that they haue had / that the spyrituall Iurisdyction wyll so effectuously gyue eye vnto y ^e truthe that none of the kynges Subiectes shulde be vniustly greued by suche excōmunications. But if it shul­de happen the people to be ouer­moch greued therby. Than shulde the kynge and his parlyamente be [Page] bounde in conscyence to prouyde remedy in that behalfe / as shulde be thought expedient for the good pece and quyetnesse of his subiectes.

¶ An answere to the .x. questyon.

THe article of the Statute of Carleole that treateth of the comen seales of houses of relygion is a statute / as the other chapiters in the sayde statute of Carleole are. [Page] And we thynke ferther that two thī ges haue caused the said statute nat to be put in execucyon / wherof one is this. The wordes of the statute are so vncertayn of them selfe that the iudges coulde nat by the word / of y ^e statute iuge by order of y ^e law what was the veraye meanynge of the makers therof for though it se­me that their meanynge was to prouyde remedy for the saue kepynge of the comen Sealles of houses of religion / and that lyke as the comē Seales had ben in tyme past in the kepynge of the Abbot or Prior or other soueratn only. &c. that it shuld be fro thens forth in the kepynge of the Abbot or prior. &c. And of .iiii. of the most dyscrete brethern of the sayd couēt: Yet neuertheles / the statute is that it shal be put into the kepyng of the sayd foure brethern vn­der the priuate seale of the Abbot / [Page] and so the wordes that folow after in the statute / y ^t is to say / so that the Abbot or Prior of the house may in no wyse make a contracte or obligacyon by him selfe / be voyed and of none effecte / for natwithstandynge that the comen Seale be in the ke­pyng of the foure brethern vnto the priuate seale of Abbot: Yet may the Abbot make a contracte or obliga­cyon / as well as he might haue do­ne before the makynge of the seyde statute. And so the vncertainte therof is one cause why it hath nat ben put in executyon. Ther be also dy­uers other statutꝭ / whrein the mīde and intente of the makers / were nat so playnly declared / that the iuges after the ordre of the lawe might iuge vpon them / tyll they were more plainly declared and interpreted by parlyament. For none maye inter­pretate a statute but the parlyament [Page] onely. And one of the statutes that were in themselfe vncertayn for the Iuges to iuge vpō is this. It was inacted in the seuenth yere of kynge Rycharde the seconde the .xv. chap, That no man shulde cary / armour corne / vytayll / nor other refresshe­ment into any party of Skotlande on payne of forfeyture. &c. And for bycause Berwicke which is in skot lāde was nat excepted ī the statute though it were than as it is nowe in the Kynges handes: yet it was thought that the goodes caried thy ther were forfeyt. And the Iudges wolde nat take vpon them to enter­prete the statute otherwyse than the expresse wordꝭ of the statute warrā ­ted thē to do. Wherfore in y ^e .xv. yere of his reygne it was declared by ꝑ­lyament. That it was nat thentent of the seyde fyrste statute / that they that caryed anye vytayles to Ber­wycke [Page] shuld ronne therfore īto any penaltie of that fyrst statute. Also a statute was made in y ^e .viii. yere of kynge Hēry the .vi. wherby it was ordeyned y ^t the chusers of y ^e knightꝭ of the parlyamente shulde be of the same countye / & haue landes to the yerely value of .xl. shyllynges ouer the reprises. But the statute sayd nat expresly that the chusers shulde haue lādes to the yerely value of .xl shyllynges within the same shyre / wherfore som men were of an oppy­nyon / that if he dwelled in the same shyre and had .xl. shillynges yerely in another shyre that it sufficed / and some other thought the contrary.

And that lyke as the entente of the makers of the seyde Statute was that suche an elysour shulde dwell within the same shyte / that their intente was that he shulde also ha­ue landes within the same shyre.

[Page]And finally the matter was shewed in the parlyament in the tenth yere of kynge Henry the syxte / where it was inacted. That euery chewser of the knyghtes of the parlyamente shulde haue .xl. shillingꝭ of freholde within the same shyere. And so we thynke that one cause why the seide statute of Carleole was natte putte in executyon / was the vncertayntie of the wordes of the statute. And therfore / if it were yet declared and made more certayne / we thynke it were a right good dede. Another cause why the seyde statute was nat put in executyon / we suppose to be this. That is to saye / that abbottes and other spiritual mē in tho dayes pretended that it was nat in the po­wer of the parlyament to ordre such spyrituall matters / as they thought the kepynge of the comen seales in spyrituall houses was / & that ther­fore [Page] / they were vnder the pretence of a more clere way in consyence encouraged y ^e iuges to suffre the seyd statute to lye vnexecuted / and what so euer the occasyon therof was / the truth is / that the seyde statute was neuer yet put in execucyon. But if the statute were playnly declared & put in execucyon herafter: it shulde seme to be a right expedyente acte / for the well ordringe of many rely­gyouse howses within this realme.

¶ An answere to the .xi. questyon.

IF a man be accursed for dys­obeynge of any of the consti­tucyons prouyncyall or decres / that be agaynste the kynges lawes and his prerogatyue / or for anye cause wherof the sute parteyneth to the kī ges courte / the excommunicacyon is nat suffycyente in the lawes of the realme / ne a significauit lyeth nat in suche case if the truth of the mat­ter appere to the kynge / and if the bysshoppe certifye the excommunica­tyon to the kynge / and sheweth nat the case therof. And therupon the excōmunicate is taken by a signi­ficauit & put in prison / & than he by his frendes sheweth the matter be­fore the kyng in his Chauncery / the partye oughte therupon to be dely­uered out of prison. And if the bys­shoppe wyll in nowyse assoyle him [Page] whan he is delyuered out of the prison he offendeth agaynst the kynge and his lawes right greuously for denyenge the absolucyon.

¶ An answere to the .xii. question.

THe people be bounde by the lawe of reason and also by the lawe of god to gyue vnto theyr spirituall mynysters a suffycyente portion of their goodes to sustayne them with: But that the spirituall mynysters shulde haue the .x. parte in the name of y ^e reasonable porcion is onely by the lawe of man and by [Page] a custome of the realme. And ther­fore if that .x. parte were nat suffy­cyent in any place for a reasonable sustentacion of the spirituall myni­stres the people were bounde to gy­ue them more. And yf it be to much and ouer greuous to the people / the parliament may moderate it. But than though a reasonable porcyon be due to the spirituall mynystres by the law of god as is sayd before yet that the sute shalbe takē for that reasonable porcyon in the spirituall courte yf it be denyed is only groū dyd vpon a fauour that the kyngꝭ of this realme and the hole realme haue in tyme paste borne vnto the clergye / for though the porcyon be due by lawe of god: yet it were no thynge agaynste the lawe of god though the sute for the porcyon shulde be takē in y ^e kynges courte: And parauēture it were the more indiffe­rent [Page] wey if it were so / for nowe they be both iudges and partyes / but as for the tenth parte it is much more stronger that the sute myght be taken in the kynges courte with out offendyng the lawe of god: and so we thynke that the kyngꝭ courtꝭ be put out of iurysdycciō for tythes by a custome of the realme and nat by the immediat power of the lawe of god: And that it is so / it maye more playnly appere thus / longe after that the kynges courtes of his Benche and Comen place / and al­so other inferiall courtes were put out of iurisdiccyon for tythes: Yet neuertheles writtes of Scire faci­as were comenly sued in the Chauncerye for tythes / and the defendauntes were ther vpon put to answere / wherfore at the petycion of the cler­gy / and in cōsyderation of a dysme that the clergye graūted to the kyn­ge [Page] it was enacted in the parliament holden at westm̄ in the .xviii. yere of kynge Edward the .iii. the laste Chapiter that such writtꝭ of Scire facias shulde nat fro thensforthe be graunted for tythes / & that the pro­ces than depending vpon such writtes shulde be voyde / and that the ꝑtyes shulde be dysmyssed afore seculer iudges of suche maner of plees / sauinge to the kynge suche right as he & his auncestours haue had / and of reason ought to haue / And by reason of this statute no sute maye be taken in the Chauncery for tythes / but onely by the kynges patentes / and therfore yf it were ordeyned by parlyament that the sutes for ty­thes shuld here after be taken in the kynges courte. The parlyament ought to be obeyed therin / aswel by spirituall men as by tēporall. How be it we wyll nat fully afferme that [Page] it were good so to haue it ordered / for as longe as the spirituall iuris­dyction wyll ordre the sutes therof there accordyng to right and good indyfferencye / it is sufferable that the sutes be taken there for tythes herafter as they haue ben in tymes paste. But if they vse them selfe in such percyall maner / that the peple haue iust cause to complayne of the parcyalyte / thā shall the parlyamēt be bounde in conscyence to loke dy­lygently on the matter and to see it reformed. Also it is only by the cu­stome of the realme / that dyuers thī ges be tryed by the spyrituall court and nat by the kynges lawes: as it is of this Issue. He is a monke professed or nat professed / dereyned or nat dereygned / admytted and insti­tuted or nat admytted / able or nat able / Bygamus or nat Bygamus / playne or nat playne. All these Is­sues [Page] and many other may somtyme be tryed by the ordynary / but [...]arte alway: for if such maters be pleded in abatemente of the writte / or that such matters be aledged ī them that be straungers to the ple: or if disabylyte be aleyed in one that is deed: or if the ordynarye certifye that he in whom professyon is aleyed / is exēpted from his iurisdyction. It shall be tryed euyn as the lawe is nowe / by the kinges lawes. And tf it were enacted that it shulde be so in al ca­ses / the lawe af god were nothynge offended therby. Howbeit we saye nat this: to thentente it shulde be so enacted / but that we thynke it con­uenyent that the clergy shuld know that they haue that power by the fauour of the kyng and of his realme by reason of a specyall trust and cō ­fydence that the kynges of this realme / and the hole realme haue had in [Page] the ordynaryes in tyme past. But if they mysordre them selfe therin / and refuse to obeye the kynges lawes / or clayme that power onely by the lawes of god / so that it maye in no wyse be taken fro them / where it is natte so in dede. Than as it semeth good charite wolde that to gyue thē the more occasyon of mekenes / that they shulde knowe the power of the kynge and of his parlyamēt therin. And it is no dout but that the parlyament maye with a cause take that power fro them / and might also haue done lykewyse before it was re­cognysed by the parlyamēt / and by the clergye that the kynge was the heed of the church of Englande / for he was so before that recongnicion was made: as all other cristen princes be in theire owne realmes ouer all their Subiectes spirituall and temporall.

¶ 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 [Page] whosoeuer in this realme ordre their conscyence after the determy­nacyons of the seyde sōmes mencioned in the seyd .xiii. questyon / and by the auctorite of the seyd sommes we thynke they erre in conscyence. And we thīke ferther also that it is very lyke that sōme spirituall men in ar by tremētes & other coūselles / 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 y ^e seyd artycles or any other that be agaynst the lawe of the realme bynde thēself therby to restitucōn nat only of the thinge in variāce / but also of all the costꝭ & damages that the ꝑtye shall sustayn by occasion of y ^e same.

¶ An answere to the .xiiii. questiō.

THe hyghest comē welth that could be now in these dayes wer this. That al kynges & prīces 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 accōpte they haue to make therfore herafter / and that they wolde ther­vpon with all dilygēce 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 thīke [Page] most disposed to saye the truthe.

Haue this verse whiche is written. Psalmo .ii. Et nunc reges intelli­gite erudimini qui iudicatis terrā. And this text. Rex sapiens: populi stabilimentū 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 ignoraūce. 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 amōge 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 [Page] auctorite by that / that he is cōfessed by the clergy / and auctorised by the parlyamēt 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 y ^e sacramētes / ne to do any other thīg 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 cōmytted 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 [Page] vnto them / and put them in mynde what is expedyent to be done for y ^e cōmen welth: settyng alway truthe before their eyen / with y ^e faithe and obedyence that they are bounde to bere vnto their prince / specyally cō ­cernynge 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.