MarginaliaThe vse and maner of Germaynes in causes iudiciall.plee agaynst an other in any towne, the Peeres therof afore whom all actions are vsed to be debated, hearing suche a plee entred, shall call the parties priuately together, before they come into any open Court. And the matter examined, they shall exhorte them to let the plee ceasse without further processe, shewyng them the great dammage both godly and worldly, commyng of wagyng the law, and the great ease and commoditie, that is in agreement and concorde.MarginaliaFruit of the Gospell in Germany. Which exhortation they vse to shew with so great grauitie, and fatherly loue (such wonders are wrought where the Gospell hath free passage) that very few will commence plee.MarginaliaIn Germany few cōtrouersies come to the open court, but commonly are compoūded at home. And though any plee be commenced, through such sage admonition, it falleth lightly to sequestration and arbitrement of neighbours, who do set the suters at vnitie, ere the matter do come to discussion in open Court.

Notwithstandyng if some be so weywardly mynded (as in a multitude all are not one mans childrē, and therfore vnlike of intent) that they will needes proceede and follow the law, they shall be heard to speake their matters in opē court, and taught as the matter is most like to succeede, counsailled with new exhortation to stoppe their proces. If they will not be perswaded, and then the Iudges seyng the matter so ambiguous that they cā not geue perfect sentēce therin, except by vertue of an othe made by one of the parties, they be first better certified.MarginaliaCustome among the Germaynes of taking othes. Then will they shew the same before the suters, declaryng what a chargefull thyng it is to geue a solēne oth for loue of winnyng some worldly profit: & how (vnles such as shall make it, be the better ware to eschew the same) they shall, beside an euill ensāple geuyng to a multitude,) work themselues happly shame or dishonesty.

Vpon this, they shall geue respite vntill a certaine day appointed. So that in the meane while the suters may take deliberation therof, what is best to be done. If after this, they will not thus rest, at the day appointed, shall they come forth into a common place, and the great Bell of the Citie caused to be rōg, wherby þ^e people shalbe warned, what they are about to do: and the people assembled, the Iudges shal in full chargeable and lamentable wise, charge the parties, vnder vertue of their othe, to make true relation of that shal be demaunded.MarginaliaIurye and swearing well excluded out of Germanye. So that by reason of sober and fatherly exhortations made of the Iudges or Peeres of the Towne, and perswasion of neighbours, and for auoydyng of Gods displeasure, and shame of men there is litle sute in courtes: and if at any tyme, any be made, they be lightly stopped. So that Iurye and swearyng is well excluded and neede not much to be required.

This haue I shewed, because it pitieth me to heare and see the contrary vsed in some of our nation, and such also as name themselues spirituall men, and should beMarginaliaThe rash leuitie in spirituall men, causing men strayhgt wayes for euery light matter to sweare. head Ministers of the Church, who incontinent as any man commeth before them, anone they call for a booke, and do moue him to sweare, without any longer respite, yea and they will charge him by vertue of the contentes in the Euangely, to make true relation of all that they shall demaunde him, he not knowyng what they wil demaunde, neither whether it be lawfull to shew them the truth of their demaundes or no? For such things there be, that are not lawfull to be shewed. As if I were accused of fornication, and none could be foūd in me, or if they should require me to sweare to bewray any other, that I haue knowen to offend in that vice, I suppose it were expedient to hold me still, and not to folow their will, for it should be contrary to charitie, if I should so assente to bewray them, that I neede not, and to whom perhappes, though I haue knowen them to offend, yet trusting of their amendement, I haue promised afore to keepe their fault secret without any disclosing of the same.MarginaliaA man is not bound to detect an other mans fault before a iudge in case. Yea, moreouer, if such Iudges sometyme not knowyng by any due proufe, that such as haue to do afore them, are culpable, will enforce them by an othe, to detect themselues in openyng before them their hartes: in this so doyng, I can not see that men neede to condescende in their requestes.MarginaliaLaw compelleth no man to bewraye hym selfe. For it is in the law (but I wotte not certainly the place) thus. Nemo tenetur prodere semetipsum, that is to say: No man is bound to bewray himselfe.MarginaliaLaw punisheth no man for thought. Also in an other place of the law is written: Cogitationis pœnam nemo patiatur: No man should suffer punishement of men for his thought. To this agreeth the common P{rouerbe, that is thus: Cogitationes liberæ sunt à vectigalibus.MarginaliaThoughtes be free and neede to pay no tole. That is to say, thoughtes be free and nede to pay no tole. So that to conclude, I thinke it lawfull, at the commaundement of a Iudge, to make an othe, to say the truth, specially if a Iudge requireth an othe duely, and in lawfull wise, or to make an othe in any other case conueniēt, and that also for purgation of infamie, when any infamie is lawfully layd agaynst a man.

MarginaliaTo the. 42. article.¶ In the. xlij. where you aske, whether a Christen person despising the receite of the Sacramentes of confirmation, extreme vnction, or solemnising of Matrimony, do sinne deadly? I say like of the receite of them, as I haue sayd before of the selfe thynges, and none otherwise.

MarginaliaTo the 43. article
Vicar of Christ.¶ In the xliij. where you aske, whether I beleue that S. Peter was Christes Vicare, hauing power vpon earth to bynde & lose? I say, that I do not perceiue clearely what you meane by this terme Vicare: For Christ neuer called Peter, ne none other so in Scripture. If you meane therby, that after the departing hence of Christ, when he was rysen from death in hys immortall bodye, and so styed into heauen, whereas he remayneth sitting vpon the right hand of hys Father, that he so beyng away from hence, S. Peter occupied his roume: then I say, it is not vntrue but Peter in a maner (which I shall shewe here vnder) was his Vicare,MarginaliaPeter no moer vicar of Christ then Paule and other Apostles. and like as Peter was his Vicare euē so was Paule, and the other Apostles, and the one no lesse then the other, if it be true, that S. Cyprian doth write: which is also consenting to Scripture. He sayth thus: That Christ spake vnto Peter, saying: I say (quoth our Sauiour) that thou art Peter, and vpon this rocke of stone shall I builde my congregation, and the gates of hell shall not ouercome it. To thee will I geue the keyes of heauen, and what thinges thou shalt binde vpon earth, the same shall be bounde also in heauen: and what so euer thou shalt lose vpō earth, shall be losed also in heauen. And to him after his resurrection doth Christ say: fede my sheepe.MarginaliaMath. 16.

MarginaliaCypria. de [illegible text]
Iohn. 20. And albeit that he gaue equall power vnto all his Apostles after his resurrectiō, and sayth: Like as my Father sent me, do I also send you: Take you the holy Ghost: If you shal retaine to any man his sinnes, they shalbe retayned: If youMarginaliaVnitie shall remitte to any man his sinnes, to hym they shall be remitted. Neuerthelesse, because he would declare vnitie, he ordained by his authoritie, the originall of the same vnitie beginning of one. The other Apostles truely were þ^e same that Peter was, indued with equall partaking both of honour, and authoritie, or power, but the beginning commeth of one that the congregation shoulde be shewed to be one.MarginaliaReade afore pag. [illegible text]. col. 2. These are the wordes of Cyprian in a treatise that is called, De simplicitate Prælatorum?, wherein you may see that Christ made all the Apostles of equall honour and like authoritie.MarginaliaThe only person of Peter declareth the vnitie of the Church. Notwithstanding, because he would testifie the vnitie of hys Church or congregation, he spake, as it were, alonely vnto Peter, when he sayd: feede my sheepe: And, I shall geue thee Peter, the keyes of heauen: but in so saying, though the wordes seeme spoken to Peter onely, yet they were spoken vnto him,MarginaliaPeter beareth the person of the whole Church. in that he sustayned the generall person of all the Church, being as it were a common speaker for the same. So that in speaking to him, Christ spake vnto all other the Apostles, vnto whom also he gaue all the same authoritie, that he gaue vnto Peter, as you may see both in these wordes of Cyprian, and also the same is clearely shewed of S. Augustine in diuers places, but no where more playnely in a few wordes thenMarginaliaAugust. de Agone Christiano. in a treatise called de Agone Christiano.

To this accordeth well that is written of Paule. Gal. 2. Ab his qui videbātur aliquid esse: quales aliquando fuerunt, nihil mea refert. &c Of those Apostles (quoth Paul) which seemed to be of authoritie, I was not taught (what they were in tyme passed, it skilleth me nothyng: God regardeth not the exterior apparaunce of man) neuerthelesse they which appeared to be of price, shewed me no learning, or gaue me no counsell: But contrary, when they had sene that the Gospel of vncircumcision was committed vnto me, lyke as the Euangely of circumcision was vnto Peter for he that was mightier thē Peter cōcernīg the apostleship toward the Iewes was mighty also in me toward the Gentiles. Therfore, whē Iames, Peter. & Iohn, which appeared to be as pillers, knew the grace geuē me they gaue vnto me & Barnabe their right hāds in signes of felowship to be their partners, so that we should exercise the office of Apostles among the Gentiles, as they did among the Iewes. Wherin you may clearely see, þ^t Paule tooke no instruction of them which seemed to be in high authoritie,MarginaliaApostles mates and fellowes together. & that Peter, Iames and Iohn, which were noted principals, tooke Paul and Barnabas to be their mates & felowes. Which they would not haue done (I suppose) if they had knowen, that God had graunted to them a prerogatiue singulare to excell Paul, and to be hys soueraigne: but according to the prerogatiue of God graunted, they might safely haue shewed it, and enioyed the same: lyke as they did reioyce in other benefites graunted to them of God, to be ministers in hys church for the edifiing of the same: and as S. Iohn calleth hymselfe the disciple loued of his maister Iesus, and testifieth, how that vnto him Christ hanging vpō the Crosse, did commit his blessed mother.

MarginaliaObiection discussed. Moreouer, if these three Apostles, Iames, Peter, and Iohn should haue by humilitie, left out to make mention of their owne prerogatiue, when they tooke Paule and Barnabas into their felowship: yet is it to be thought that Paule, which vseth neuer any inordinate arrogancie, wry-