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146 [1338]

Actes and Monuments of Marters.

of nede or necessytie.

Marginalia16.It is lawful for kinges (in causes licensed by the law,) to take away the temporalties from the spiritualtie, which in their liuing and behauioure abuse the same, it appeareth by the reason set before in the v. conclusion. For vnto the greatest workes of mercy, moste easie vnto the temporal Lordes, they are most largely bound: but peraduenture it would be a greater almes, and easier temporall dominion, to take awaye their almes, that it doo not builde vnto dampnation, thorow the abuse therof, then for to enlarge the said almes, for any corporall or bodely relief or helpe. Wherfore I do conclude, that according vnto the threfold lawe, this sentence is specified. The first is the ciuil law, De collatione Corrodij: Collatione. 10. If any of the clergie (saith the lawe) as a bishop, or an Abbot, haue a benefice geuen him by the kinge, not only of the person, but of the church, and that thorow his own faut and offence, he do lose the same, he beinge yet aliue, it perteineth vnto the king. But after the death of the spiritual man, it shall retourne againe to his successor. The second is the Cannon lawe xvi. q. Where it is thus decreed, that it shall be lawfull for the sonnes, neuewes, and the most honest of the kindred of him, which eyther builded or endued any church, to haue this foresight, that if they do intende to defraud anie priest of the dowry bestowed vpon them, they should either admonish him by some honest communication or talke, or els complain on him to the bishopp, or iudge to be punished. And if it so happen that the byshop be negligent in doing of his office, let it be told vnto the Metropolitane, and if they also seme to slacke and winke at the matter, let it thē, as saith the cānon, be remembred in the eares of the king. Neyther doo I beleue this to be a fained matter. But what I prai you should they complain vnto the king of, but only that he should see correction done? Neither is there any dout, but that correction doth more aptly appertain vnto the king, and the takinge away of the goodes reasonably (according vnto the fault) wherof he him selfe is principal & chief Lord, should be much more better and commendable in this behalf. The third is the law of the Gospel. ii. Thessa. iii. Chapter. Wheras the Apostle wryteth thus, when as we wer with you we declared this vnto you, þt whosoeuer would not worke, should not eat. The law of nature also doth licence all such as hathe the rule and gouernaunce of kingdomes, to correct the abuse of the temporalties, which wil be the chief destruction of their kingdomes.

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Marginalia17.Whether they be temporall Lordes, or any other men, whatsoeuer they be, whiche haue endowed any church with temporalities, it is lawfull for them to take away the same temporalities, as it were by way of medicine, for to auoid sinne, notwithstanding any excommunicationor other Ecclesiasticall censure, forsomuch as they are not geuen, but vnder a condition. Here by it appeareth, that the condition following vpon the gift of any such goodes vnto the churche is such, that God shuld be honoured therby, and the church builded, whiche condition if it be left vndone in any poynt, the title of the gyft is lost, and so consequently the Lord whiche gaue the gift, ought to correct and amend the faut, & excōmunication ought not to stop or let the execution of iustice. For so the cleargy myghte by their excommunications prouided for the same, get into their handes the whole world.

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Marginalia18.An Ecclesiasticall minister, and also the bishop of Rome, may lawfully be rebuked of hys subiectes, and for the profet of the church, be accused either of the cleargy, or of the laietie. The fyrste part is euident forsomuch as euery such Ecclesiasticall brother, being in daunger of sinne, is consequently vnder the law of brotherly correction. Math. xviii. If he do offend against any man hauing any possyble oportunitie, he ought to correct him, and so likewise, if that he obstinately continue in any hereticall opinion, or other greuous offence, tendinge to any spirituall hurt or domage of þe church, that in such case, he ought to be complaind on to the higher powers, to the intent that thorowe his correction, the daunger may be auoided. For so was Peter rebuked by s. Paule Galla. ii. and many vnruely personnes haue bene put downe by Emperoures, as Castrensis in his v. boke of Polycronycon doth declare. MarginaliaThe greate error of the Romyshe church.For þe church is aboue the bishop. Therfore to say that he oughte not to be rebuked or punished, but only of God, what offence so euer he haue committed, it semeth vnto me to infer, that he shuld be aboue the churche, the spouse of Christe. And Christ him self albeit that he was without sinne, yet would he be subiect vnto the princes and rulers, euen in the taking away of his temporalities, as it appeareth. Math. xvii.

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These conclusions (as I haue said) are as the true seede of faithe, separated from the chaffe, wherby the vnthanckeful cockell, is inflamed & set on fire, whiche after it hath brought out the flower of most vile and stincking shamefastnes and vengaunce, it prouideth fode for Antichrist, contrary and against the holi scriptures, wherof this is an infallible signe, that ther shall raigne in the cleargy, most pernicious and luciferous venome and pride, consistinge in the gredy desire of domination and rule, whose companion and wife, vnsaciable couetousnesse of earthly thinges, vtterlye extinguishinge the children of the Euangelicall pouerty, bringeth forth þechildrē of the deuel. Amost certain tokē of this genealogie appeareth by this, that mani, euen of the children of pouertie, degenerating & goinge out of kinde, do maintain either by their wordes, or at the least by their silence, the parte of Lucifer, not being able or willinge, or at the

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