worthely therfore the churche is occupyed about ministryng of Iustice, and punishing of vice: For peace shalbe the worke of iustice. Esay the xxxiii. chap. And in these iudgements this onely is to be cōsidered, that the life of men be reformed. &c. MarginaliaEsay. 33.
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Probation by ciuil law & reason.Thus you see, how this our conclusion somewhat is confirmed by the Scriptures. Nowe will I proue it by naturall law and reason, and first after this maner. He semeth most fittest to playe a good iudges part, whiche foloweth nerest God: For properly God is the ruler and directer of all iudgementes, who sayth Prouerb. capite octauo. By me the law maker shal decree iustice and iuste thynges: But ecclesiasticall persons, folow next to God, and be nearest hym. For that they be elected of God into a peculiar people: Wherof it is sayd. 1. Pet. 2. you are a chosen generatiō, a reall priesthood, a holy natiō, and a peculiar people, that you should shew þ^e vertues of him that called you. &c. Marginalia1. Pet. 2.Ergo it is most fittest that persons ecclesiastical, and church men, should Iudge of such matters. Moreouer none doubteth, but that the correction and punishyng of sinne, belongeth to ecclesiastical persons: wherfore, when such things be not committed without sinne and offence of the one partie, it is euident þ^t the churche may haue cognitiō therof. Also, who so hath power to iudge of the end, hath also power to iudge of thinges ordeined to the ende: for the consideracion of the thinges ordeyned to the ende riseth of the ende. When therfore the body is ordayned for the lyfe and soule, and temporall thinges for spiritual, as to þ^e end: The church which doth iudge of spirituall things, may in lyke maner lawfully iudge of temporal thinges. All whiche is sufficientlye confirmed in In extra. c. Iudicijs: Where it is sayde that the Accessorie foloweth the nature of the principall, whiche appeareth sufficientlye by example. For so much therfore as these ii. iurisdictiōs be compared to ii. lightes, that is to saye, to the Sunne, and to the Moone: and al the whole clearnes and brightnes of the Moone both in forme and vertue, dependeth of the Sunne, and in the Sunne. And that the bryghtenes of the Sunne is not of the Moone or in the Moone, it is plaine: that spiritual iurisdiction he whiche is cōpared to the Sunne, hath in it both in forme and vertue, the iurisdiction temporall: and not contrarye. Manye other like reasons mighte be broughte in. But for that the tyme waxeth short I will omit them.

Thirdly, I proue it by the ciuil law, Auth. Disse. Iud. ¶ Si tamen. ix col. where it is sayd: If a secular iudge be suspected, let the bishop of the citie be ioyned vnto him. But if he be negligent, then let the whole iudgement be referred to the bishop. In like sorte, Theodosius themperour enacted suche a lawe, that whatsoeuer suter being plaintife in any kinde of matter, whether at the begynning thereof, or after contestation of lawe, or when the matter came to confirmation, or to sentēce: If the plaintife had once chosen þ^e court and iurisdictiō of the holye see: there without all doubt, though the defendāt resisted and dissented, the matter before the bishops and other ecclesiasticall Iudge shoulde bee determined and ended. Which lawe afterwarde Carolus the great, who was king of Fraunce, confirmed in these words: We wil and commaund that all our subiectes, aswell Romanes and Frenchmē, as others vnder our dominion whatsoeuer, be by law and custome henceforth bounde and charged to keepe this for a perpetuall and prescript lawe: That whosoeuer began or cōmenced a sute. &c. as is aboue mēcioned. &c. xi. q. i. Quicunque. &c. 2. But you may obiect and say that this law is abrogated, as the glose seemeth there to touche. But all this wil not serue: For although the law is not redacted into the body of the law, yet for all that it is not abrogated. But surely it is a priuiledge honorably graūted to the whole vniuersal church which the Emperour cannot take away no more then anye other liberty of the church. By the cannon lawe also thysMarginaliaProbation by the Cannon law.same priuilege is confirmed. extra. de iud. c. timor. Nouil. & moreouer semeth to be confirmed by the ciuil law. C, de sacros. Si. eccl. priuilegiū: althoughe it be not expressely, but generally named. MarginaliaNAnd so it is cleare by the ciuill law, that such iurisdiction doth pertayne to ecclesiasticall persons. By cannon law in like maner in places infinit: Dist. xxii. cap. Omnes Patriarchæ. 2 quest. 5. cap. Si quis presbiter. xi. que 1. cap. relatum. xxv. distinct. cap. ecce Extra de iudiciis Nouit. De cōpetenti foro. cap. licet. With many other places infinite: yea & further the cannō law so far procedeth, that whosoeuer goeth about by custome to interrupt or hynder any hauing such iurisdiction, encurreth sentēce (ipso facto) of excōmunication, as is proued cap. quoniam intelleximus de immunitate eccl. li. sext. MarginaliaCustomwhich is most playne by notorious custome, tyme out of mynde, in the daies of the good and christian princes, where to violate such custome, it is plaine sacrilege. 11. quest. 1. tit. 1. et c. 2. MarginaliaOFor by law, custom winneth & gaineth iurisdiction, especially to him þ^t is Capax therof: yea and further, custome (tyme out of mynde) is amongest all persons in place of written and confirmed law. Now seyng the church of Fraunce, hath in common vsed with the temporaltie to iudge and decree both of actions personall and reall touching the churche: it is playne, that such custome wynneth iurisdiction to it. Ergo. &c. But the Lord Peter aduouched, that the custome coulde not preuayl in this case, because here lacked true deling. Besides, þ^e said law is called inperscriptible: for that it is Ius fisci: But this maketh nothing agaynst vs. For þ^e church of Fraunce rather chalengeth this law by custome, thē by prescription. MarginaliaIudicium contradictoriumWhych custome, seemeth rather to bee brought in of the free wyl and election of the people, frequenting more the ecclesiasticall Consistories, then the secular courtes. Besides thys, custome in that it hath bene often tymes decided in iudgement contradictorie, (many of the Barons dissēting, & not cōsēting thereunto) is much thereby confirmed. Thys custome I saye of the Churche, hath beene fast established by the consent and assent of the Prelates, and then confirmed by the kynges of Fraunce your predecessors, and so peaceably obserued of the Church.

MarginaliaThree thinges pertayning to proscription
1. Titulus 2 bona fides Temporum continuatum.And yet may the church chalenge thys by prescription: For that there are but thre thynges which are required in prescription: that is to say, title, true dealing, and cōtinuance of time. And it is without doubt, þ^t the churches both purely hath and in tyme paste had a good title, as appeareth by the priueledge graūted of Theodosius the Emperour, and confirmed by Charls: Who gaue in cōmaundement, to keepe the same inuiolably, which title it hath both by diuine, naturall, and humaine lawe, as before is mencioned. Wherfore it must nedes haue true dealing, when so many greate & clere titles are knowen to consdescend therunto. MarginaliaIus fiscl.Also concurreth such continuaunce of tyme, that euen agaynst Ius fisci it is prescriptible. For it hath not onely continued by the space of an C. yeares, but also more then vj. C. yeares last past. MarginaliaThe church not subiect to the king.Neither is this alwayes true, that thys lawe is inprescriptible, especially of the church: the which in as muche as it appertaineth to the spiritualty, is not subiect to the king, but is much more noble, and far excelleth: Euen no les then the Sunne doth the Moone, gold leade, and heauen the earth. And this is certayne, and no lesse reason, that the hygher and equall may dewly prescribe law against him, that is eyther equal or lower in degree. As one king may doo to an other. Wherefore it appeareth, that the church may prescribe thys, although it were Ius fisci, as in deede it is not.Finally, thys is prooued by priuiledge graunted by Carolus the great king of Fraunce, as before, and by Ludouike the seconde, and by Phillip your vnkle, and Ludouik and Phillip your kynsmen, which priuiledges we haue here ready to shew. MarginaliaObiection.But perhaps one wyll say,