taken away, and in their place be prouided, ordained and decreed, that the Clergy, of what order or degree soeuer they be, shall haue lyke lawes, like iudgement, and punishment as the laity haue: so that they shall pretend no prerogatiue or fredome in lyke offence, more then the lay man,MarginaliaPriestes ought to be subiect to the same punishmentes, as are the lay people. but that euery one of the Clergy offendyng vnder the iudge, where the offence is committed, shal be punished for his fact, according to the measure and qualitie of his offence, in such like maner as other malefactours are, with the punishment appoynted by the common lawes of the Empire: which thyng (without doubt) will please the true Ministers of the Church, such as are honest and learned, that they will not thincke their power and authoritie thereby in any case deminished. By this meanes it shal be brought to passe, that such as are of the Clergy onely by name, and otherwise, naughty wicked men, through the obediēce due vnto their Magistrates, shalbe compelled to lyue more honestly: and all sedition and priuy hatred betwene them and the laity shall be put away, and finally thereby the laity shall be the more moued and styrred to loue and reuerence such of the Clergy as be of a sounde lyfe.

MarginaliaExcommunication abused in the church of Rome. ITem, at Rome and in other places many Christians are excommunicate by the Archbishops, Byshops, or by their Ecclesiasticall iudges, for prophane causes, through the desire and couetousnes of money, and lucre. The cōsciences of men which are weake in fayth, thereby are burthened and brought vnto desperation: and finally, for money and luker, a matter of no importaunce is made to tend to the destruction both of body and soule, contrary both to the law of God and man for somuch as no man ought to be excommunicate but onely for heresie, or for some heynous fact perpetrat, nor to be counted as seperate from the Christian Catholicke Church, as the Scriptures do witnes: Therfore the princes, nobles, states, and laity of the sacred Empire, desire and require the Popes holynes, that as a faythfull Christian & louing father, he will remoue the sayd burthen of excommunicatiō vsed both in the sea of Rome, and also in the seas of all other Archbyshops and Ecclesiasticall iudges: and finally, decree that no man shall hereafter be excommunicate, but onely for a manifest conuict crime of heresie. For it is to wicked a thyng, that faythfull Christians for euery lyght offence, touchyng any temporall goodes or gayne, or for any other worldly matter, but onely for obstinacie of heresie or some great emormitie, should be excluded frō almighty God, and the Catholicke congregation.

MOreouer, the cōmō people are not a litle oppressed with the great number of holy dayes, for that there are now so many holy dayes, that the husbādmen haue scarcely tyme to gather the frutes of the earth which they haue brought forth with so great labour and trauaile, beyng often in daūger of hayle, rayne, and other stormes: which fruites notwithstandyng, if they were not letted with so many holy dayes, they would gather & bryng home without any losse. Besides that, vpon those holy dayes, innumerable offences are committed and done, rather then God honoured or worshipped. Which thyng is so manifest, that it needeth no witnes. For that cause the estates of the sacred Empire thinke it best and most profitable for the Christiā common wealth, that this great number of holy dayes, should be diminished, which ought rather to be celebrate in spirite and veritie, thē with the external worshyp, and be better kept with abstinence from sinne.

FVrthermore, if it happen that ij. or more do fight without any weapon in a Churchyard, onely with their fistes, or by the heare, that there be neuer so litle bloud shed, by & by the clergy haue recourse to enterditement, & do not suffer any more Christen burials there to be done, before that all the Citiznes with great pompe & expenses do cause it to be consecrated & hallowed agayne with no lesse charge, then when at the first, of a prophane place, it was hallowed for buriall: all which thynges do redound to the charges & costes of the laity. And though the Churches or chapels be neuer so litle which are to be hallowed: yet the suffragans do burden & oppresse the simple poore housholdes, be they neuer so bare or nedy, with superfluous expenses, & require moreouer giftes of the people, which is not for their ease to geue.

MarginaliaBaptising of Belles. Also the suffragans haue inuēted that no other, but only thēselues, may Baptise Belles for the lay people. Wherby the simple people, vpon the affirmation of the suffragans, do beleue, that such Belles so Baptised, will driue away euill spirites & tempestes: wherupō a great nūber of Godfathers are appointed, especially such as are rich: which at the tyme of the Baptising, holdyng the rope wherewithall the Bell is tyed, the suffragan speakyng before thē, as is accustomed in the Baptising of young childrē, they altogether do aunswere, & geue the name to the Bell.MarginaliaBelles weare coates. The Bell hauyng a new garment put vpon it, as is accustomed to be done vnto the Christiās, after this they go vnto sumptuous bankets, wherūto also the Gossips are biddē,MarginaliaA question whether these gossips which christen Belles may marry together by the Canon law. that therby they might geue theMarginalia* Spoyling of the people by baptising of Belles. * greater reward, & the suffraganes with their chaplaines & other Ministers, are sumptuously fed. Yet doth not this suffise, but that the suffragan also must haue a reward which they do call a small gift or present: whereby it happeneth oftentymes, that euen in small villages, a hundred florens are consumed and spent in such Christnynges: which is not onely superstitious, but also contrary vnto Christian Religion, a seducyng of the simple people, and mere extortion. Notwithstandyng the Byshops, for to enrich their Suffraganes, do suffer these thynges and other farre worse: wherfore such wicked and vnlawfull thinges ought to be abolished.

MarginaliaAgaynst Officials. THe Officials also of Archbyshops for the most part, are vnlearned & vnable men, besides that, men of euill conditiōs, takyng thought for nothyng but onely for money. Also how corruptly they lyue and continue in notorious crimes & transgressions, it is dayly sene. Whereby the laitye, whom they ought to correct and punish for their offences, & instruct in Christian godlynes, are not in any poynt, by them amended, but rather by them encouraged and confirmed in their offences. Besides this, the laity are miserably spoyled & robbed of their goodes, by these light & vile Officials. In whose conscience there is no sparke of Christian pity and godlynes, but onely a wicked desire, & couetousnes. Which thyng the Archbyshops and Byshops, if they were in deede such as they are called, that is to say, the pastours and shepheardes of Christ, without doubt, they would no longer suffer, or commit Christes flocke, to such wicked and offensiue pastours to be fed and nourished.

MarginaliaLay matters brought into the spirituall court for money. WHensoeuer any causes are pleaded in iudgement before an Ecclesiasticall iudge, either for rauishyng of virgins, or for children vnlawfully borne out of wedlocke, or for seruauntes wages, or any other matters touching widowes, the Ecclesiasticall iudges beyng called vpon by the superiours of the laity which do cōtend, they will neither deferre that iudgement, or by any meanes wilbe intreated to remit them to their ordinary iurisdiction.

MarginaliaScoulding matters brought to the spirituall court for gayne and lucre. IT happeneth oftētymes, that men & women, through sinister and false reporte and sclaūders, are brought before the Officiall or Ecclesiasticall iudge, as men gilty, and shall not be declared innocēt, before they haue cleared themselues by an oth. Which purgation so made, they are restored agayn to their former estimation. And albeit that the dammages & costes ought to be repayd agayne, vnto such as be so falsly accused, yet not withstandyng the innocentes themselues, are forced to pay two gildernes and a quarter, for their letters of absolution. And this is the cause, why that the Officials & other Ecclesiasticall iudges, do so gredely folow the action of such vnlawfull, false, and sclaunderous accusations, chalengyng the hearyng therof onely vnto themselues: which thyng (no doubt) redoundeth to the greate and most singular hurt and detriment of all men: For oftentymes it happeneth that women fallyng together in contention through anger, hatred, or some other affectiō, do speake euil or sclaūder one an other, & outrage somuch, that the one oftentimes accuseth & other, either of adoultry or witchry. Which thyng being brought before the Officiall, she which through her anger had so sclaundered the other, is forced by an othe to excuse and purge her selfe, that what soeuer iniurious or sclaunderous word she had spoken, came not of any deliberate purpose or intēt, but through wrath and displeasure.