In lyke maner the other which is accused either of adoultry or sorcery, is commaunded by an othe to declare her innocency, that she is not gilty of those e, so that it is euidēt vnto all mē, that in such cases, whether they be gilty or not gilty, they must sweare, if they will keepe their good name and fame. Whereby not onely vnlawfull luker of gayne and money is sought, but also wilfull periury forced, and the secular power and iudges letted from the punishment therof, so that contrary to all reason, offences do remayne vnpunished.

MarginaliaThe wrasting of temporall causes vnto the spirituall court, for gayne of money. ALbeit there be many causes so indifferent to both iurisdictions, that they may be pleaded and punished as well by the ciuill Magistrate, as Ecclesiasticall iudge: notwithstandyng it happeneth oftentymes, that when as the ciuill Magistrates would exercise their office and iurisdiction in this behalfe, they are forbidden and letted by the Ecclesiasticall iudges vnder payne of excommunication. Which thyng if it should long continue, and be suffered, the Ecclesiastical iudges would shortly take away all maner of causes from the Ciuill Magistrate & his iurisdiction, which is vntolerable and derogatory both vnto the Emperours maiestiy, & other states of the Empire. And albeit that by the common lawes, manifest periuries, adoultries, witchcraftes & such other like, may indifferētly be punished by Ecclesiasticall, or ciuill iudges for the tyme beyng, so that preuention in this behalfe taketh place: notwithstādyng the Ecclesiastical iudges go about to vsurpe vnto themselues and their iurisdiction, all such maner of causes: which burthen and greuaunce the ciuill iurisdiction and power ought not to suffer.

MarginaliaThe clergie may deale in ciuill causes, but the ciuill magistrate must not deale in theirs. MOreouer, the Ecclesiasticall iudges say, that in such case it is lawfull for thē to take prophane matters into theyr handes, if the ciuill Magistrate be found negligēt in executyng of iustice: but contrarywise they wil not suffer that the lyke order should be kept with them, neither will they permit that in Ecclesiastical matters, any man may complayne vnto the ciuill Magistrate, for lacke of iustice, and require the administration of iustice at his hand. Albeit, they do define all lawes generally cōmon, and determine how the Canon lawes may helpe and assist the ciuill, and contrarywise the Ciuill lawes, the Canon.

MarginaliaCertayne orders of Cathedrall churches reproueable. FOr somuch as it is forbidden both by Gods law & mans, that no man should be beaten with ij. rods, that is to say, be punished with ij. kindes of tormentes: worthely therfore do all wise men detest and abhorre the odious statutes of diuers Cathedrall Churches, whereby murtherers, both mē and women, and other, as well light as greuous offenders, haue bene hetherto vexed and tormented: for hetherto it hath bene accustomed that such as were gilty of murther & such other crimes, (which they call cases reserued vnto the Byshops) after they had made their auricular confession, were cōpelled (to their great ignominy and shame) to do penaunce in the sight of all people: which penaunce were not so much to be disalowed, bearyng some semblaunce of the institution of the primatiue Church, if so be it these busie Officials, beyng content therewith, would not extort more, and greater summes of money, then were right and lawful, and so punish those offenders with double punishment: wherewithall it is to be merueiled, how many be offēded & greued. How wicked a thing this is, and how farre it differeth frō Christes institution, we will referre it to euery good conscience to iudge.

MarginaliaOfficials takyng pensions of priestes for keeping concubynes. FVrthermore, the Officials beyng allured thorough the greedy and vnsatiable desire of money, do not only not forbid vnlawfull vsuries and gaynes of money, but also suffer and maintaine the same. Moreouer, they takyng a yearely stipend and pension, do suffer the Clergy and other religious persons vnlawfully to dwell with their concubines and harlots, and to beget childrē by them. Both which thyngs, how great perill, offence and detriment they do bryng both vnto body and soule, euery man may plainly see (so that it neede not to be rehearsed) except he will make hymselfe as blynd as a mole.

FVrthermore, where it so happeneth (as it doth oftentymes) that either the good man or the good wife, by meanes of warre or some other vow, hath taken in hand some long iourney, and so tarieth longer then serueth the appetite of the other, the Officiall takyng a reward of the other, geueth licence to the party to dwel with any other person, not hauyng first regard or makyng inquisition whether the husband or wife beyng absent, be in health or dead: and because these their doynges should not be euill spoken of, they name it a toleration of sufferaunce, not without great offence vnto all men, and to the great contempt of holy matrimony.

MarginaliaThe practise in chapters of cathedrall churches to make the byshop sworne vnto them. THis is also vnlawfull and plainly wicked, that the Canons of Cathedrall Churches, in whose hand the principall part of Ecclesiasticall iudgementes, Synodes, and censures do consiste, and the Canons of other collegiate Churches, which haue power and authoritie to chuse their Superiour and Byshop, will chuse none to their Byshop, excepte he binde himselfe first with an oth and playnly sweare, yea and oftentymes is bound by bonde and instrumētes sealed with their seales to them and their Ecclesiasticall iudges, that in no matter, be it neuer so greuous, intollerable, or dishonest, he shall not be agaynst them: and if it happen at any tyme that they do offend, they may do it also without punishment for him.

MarginaliaThe inconuenience of improperations. MAny parish Churches are subiect vnto Monasteries, & to the persons of other churches, by meanes of incorporations (as they call thē) or otherwise, which they are boūde also, according to the Canon lawes, to foresee and looke vnto, by themselues, when as they do put them forth vnto others to be gouerned, reseruyng for the most part vnto them selues, the whole stipend of the benefites and tythes: and moreouer, aggrauate & charge the same with so great pensions, that the hyrelyng Priestes and other Ministers of the Church, can not haue therupon a decent or compotent liuyng: whereby it commeth to passe, that these hyrelyng priestes (for that they must needes haue wherupon to lyue) do with vnlawfull exactions, miserably spoyle and deuour the poore shepe committed vnto them, and consume all their substaunce. For when as the Sacramentes of the aultar and of Baptisme are to be administred, or when the first, the seuenth, the thirty, and yeare day must be kepte, when auricular confession commeth to be heard, the dead to be buryed, or any other ceremony whatsoeuer, about the funerall is to be done: they will not do it freely,MarginaliaCruell exactions of the people by churchmen. but extort and exact so much money, as the miserable communalty is scarse able to disbourse, and dayly they do encrease and augment these their exactions, driuyng the simple pouerty to the payment therof, by threatnyng them with excommunication, or by other wayes, compellyng them to be at charge: which otherwise through pouertie, are not able to maintayne obsequies, yeare myndes, and such other lyke ceremonies, as to the funerals of the dead be apperteinyng.

MarginaliaGaine gotten by selling burials. IT is ordained by the Popes Canons, that buriall in the Church should be denied onely vnto them, which beyng knowen to be manifest & notorious offenders, haue departed this life without receiuing of the Sacramēt. But the clergy not regardyng those decrees, will not suffer such as by chaunce are drowned, killed, slayne with falles, or fire, or otherwise by chaūce haue ended their liues, (albeit it be not euident, that they were in deadly sinne) to be buryed in the churches, vntill such time, as the wiues, children or frendes of those men so dead, do with great summes of money, purchase and buy the buriall of them in the Churchyard.

MarginaliaConcubines permitted for money and chast priestes compelled to pay tribute for concubynes. ALso in many places, the Byshops and their Officials do not onely suffer Priestes to haue concubines, so that they pay certaine summes of money, but also cōpell continent and chast Priestes, which lyue without cōcubines, to pay tribute for cōcubines, affirmyng that the Bishop hath neede of mo-