Thus wryteth S. Augustine in his 8. distinction, by whose wordes it is manifest that the king hath power ouer the churche goodes, & consequently may take them away from the clergie, transgressing or offending.

Marginalia11. Magistrats, keepers of both lawes. Item in his 33 Epistle vnto Boniface, hee sayeth, what sober man will say vnto our kings, care not you in our kingdome, by whome the church of the Lorde is maintained, or by whome it is oppressed, it partaineth not vnto you, who will be eyther a religious man, or who will be a church robber? Vnto whome it may be thus answered. Doeth it not pertaine vnto vs in our kingdom, who will either liue a chast life, or who will be an vnchast whoremonger? MarginaliaThe duetie of kyngs to punish the clergy. Beholde this holy man sheweth heere howe that it is the duety of kings, to punish suche as are robbers of Churches, and consequently the proude clergy when as they do offend.

Marginalia12. Item, hee wryteth in the 33. quest. 7. si de rebus. The seculare Lordes may lawfully take away the temporall goodes from heritickes, and for so much that it is a case greatly possible that many of the cleargie are vsers of Simonie, and thereby heretickes: Therefore the seculare Lordes may very lawfully take away their temporallities from them. For what vnworthy thyng is it sayeth Saint Augustine, if the Catholickes doe possesse according vnto the will of the Lorde, those thynges whych the heretickes helde? For so muche as this is the worde of the Lorde vnto all wycked men. MarginaliaMath. 21. Mathew 21. the kingdome of God shall be taken away from you, and geuen vnto an nation, whicheshall doe the righteousnesse thereof, is it in vaine whych is wrytten in the 11. chapter of the booke of Wisedome? MarginaliaSapien. 11.The iust shall eat the labours of the wicked.

MarginaliaAn obiection of the desire of other mens goods And whereas it may bee obiected as touching the desire of other mennes goodes, Saynte Augustine aunsweareth that by that euidence the seuen nations, whyche did abuse the lande of promesse, and were driuen out from thence by the power of God, may obiecte the same vnto the people of God, whyche inhabite the same. And the Iewes them selues from whome accordynge vnto the woorde of the Lorde, the kingdome is taken away and geuen vnto a people, whiche shall doe the woorkes of righteousnesse, maye obiecte the same vnto the Churche of Christ, as touching the desire of other mennes goodes, but Sainte Augustines aunswere is thus.

Wee, sayeth he, doe not desire another mannes goodes, for so much as they are oures by the commandement of him, by whom all things were made. By like euidence the clergie hauing offended, their temporall goodes are made the goodes of others, for the profite of the church; to this purpose also, according to S. Augustine, MarginaliaS. Augustine. 4. question. 4. serueth the 14. question 4. vnto a misbeleeuer, it is not a halfepennie matter, but vnto the faithfull is a whole worlde of richesse; shal we not then conuince al such to possesse an other mans goodes, which seemed to haue gathered great richesse together, and know not howe to vse them; for that truely is not an others, whych is possessed by right; and that is lawfully possessed, whych is iustly possessed; and that is iustly possessed, which is well possessed. Ergo, all that is euell possessed is another mannes, and he doth ill possesse it, which doth euell vse it.

If then anye of the cleargie doe abuse the temporall goodes, the temporall Lordes maye at theyr owne pleasure, accordynge vnto the rule of charitie take away the sayde temporall goodes from the cleargie so transgressing. For then according to the allegation aforesayde, the cleargie doeth not iustly possesse those temporall goodes, but the temporall Lordes proceadyng according to the rule of charitie: Doe iustly possesse those temporallities, for so muche as all things are the iust mannes. 1. Corrinth. 3. chapter. Marginalia1. Cor. 3. All thynges sayeth the Apostle are youres. Whether it be Paule or Apollo, or Cephas, eyther the worlde, eyther life, or death, or thynges present, or thynges to come; for all thynges be youres, you be Christes, and Christe is Goddes. Also 23. quest. 7. Quicunque. It is wrytten. MarginaliaBy Gods lawe cuncta iustorum esse dicuntur.Iure diuino omnia sunt iustorum. The woordes of Sainte Augustine in that place, ad Vincentium, be these: Who so euer sayeth hee, vppon the occasion of this law or ordinaunce of the Emperour doeth molest or persecute you, not for loue of any charitable correction, but onely for hatered and malyce to doe you displeasure, I holde not wyth hym in so doyng.

And although there is nothying heere in thys earthe, that any manne may possesse assuredly, but eyther hee must holde it, by Goddes lawe, by whyche cuncta iustorum esse dicuntur: that is, all thynges be sayde to pertayne to the possession of the iuste: or else by mannes lawe, whych standeth in the kinges power to sette and to ordaine. &c. Hereby the woordes of Augustine alledged. Yee see all thinges belong to the possession of the iust, by Goddes lawe.

Marginalia13. The clergy subiect vnto themperour and king by meanes of their possessiōs. Item, for so muche as the cleargie by meanes of their possessions are in daunger of the Emperor and King: It followeth that if they doe offend, the Emperour or King, may lawfully take away their possessions from them. The consequent dependeth on thys poynte, for so much as otherwise they were not in subiection vnder the Emperour or king, and the antecedent is manifest by the11. question and 1. Parag. His ita respondetur. Where as it is specified in Latine thus. [His ita respondetur, clerici ex officio Episcopo sunt suppositi, ex possessionibus prædiorum imperatori sunt obnoxij, ab Episcopo vnctionem, decimas, & primitias accipiunt: ab imperatore vero prædiorum possessiones nanciscuntur:] that is to say. The cleargie by meanes of their office are vnder the Byshoppe, but by reason of theyr possessions they be subiect vnto the Emperour: Of the Byshoppe they receiue vnction, tithes and first frutes: of the Emperour, they receiue possessions. This then it is decreed by the Emperiall lawe, that liuelyhoodes should be possessed; whereby it appeareth that the cleargie by the possession of their liuelyhodes are in daunger of the Emperour, for hym to take away from them, or to correcte them accordyng to their deseruings, and to haue the controllement of them, as it shall seeme good vnto hym.

Marginalia14. Vsers of Simony are punished by the ciuyll magistrate. Item, the temporall Lordes may take away the temporallities from such as vse Simonie, because they are heretickes. Ergo, thys Article is true.

The antecedent is manifest, for so much as the secular Lordes maye refuse suche as vse Simonye, and punishe them except they doe repent. MarginaliaPaschasius in i. q. ult. cap. pater. For by the decree of Pope Paschasius in the first and laste question it appeareth, that all suche as vsed Simonie, were to be refused of all faythfull people, as chiefe and principall heretickes; and if they doe not repent after they be warned, they are also to bee punyshed by the externe power. For all other faultes and crimes, incomparyson of Simonie, be counted but light, and seeme small offences.

MarginaliaThe laitie correcters of the clergy. Where vppon the glose expounding the same text, sayth that by thys woorde externe, is vnderstande the laietie, whyche haue power ouer the cleargy, besides the Church, as in the 17 distinct. [Non licuit, & 23. quest. 5. principes.] Whereby it is euident that the temporall Lordes may take away the temporall goodes from the cleargie when as they doe offende.

MarginaliaGregory writeth to the French Queene. Item, Saint Gregorie in the Rigister vppon hys 7. booke 9. Chapiter, wryteth thus vnto the Frenche Queene. For so much as it is wrytten that ryghteousnesse healpeth the people, and sinne maketh them myserable: then is that kingdome counted stable, when as the offence whyche is knowen, is soone amended.

MarginaliaWicked priestes the destruction of the people. Therefore, for so much as wicked priestes are the cause of the ruyne of the people, (for who shall take vppon hym, to bee intercessour for the sinnes of the people, if the priest which ought to intreate for the same, haue committed greater offences.) and vnder youre dominions the priestes doe liue wickedly and vnchastly: therfore that the offence of a few myght not tourne to the destruction of manye, wee oughte earnestly to seeke the punyshment of the same. And it followeth, if wee doe commaunde any personne, wee doe sende hym foorthe, wyth the consent of your authoritie, who together wyth other Priests, shall diligently seeke out, and according vnto Goddes worde correct and amende the same. Neyther are these things to be dissimuled, the whyche wee haue spoken of; for hee that may correcte any thyng, and doeth neglect the same wythout all doubte, he maketh hym selfe partaker of the sinne or offence.

Therefore foresee vnto your owne soule, prouide for youre neuewes, and for suche as you doe desire to raigne after you, prouide for your countrey, and wyth diligence prouide for the correction and punishment of that sinne, before our creatoure doe stretch out hys hand to strike.

MarginaliaS. Gregory to the frēch kyng. And in hys next Chapter hee wryteth vnto the French king, what so euer you doe vnderstande, to pertaine eyther vnto the honoure and glorye of oure God, to the reuerence of the church, or to the honour of the priestes, that doe you dilligently cause to bee decreed and in all poyntes to be obserued. Wherfore once againe wee doe mooue you, that you commaunde a Synode to be congregate, and as wee wrote lately vnto you, to cause all the carnall vices whyche raigneth amongest your Priests, and all the wickednesse and Simonie of your Byshoppes, whyche is moste harde to be condemned and reprooued: vtterly to bee banished oute of your kyngdome, and that you wil not suffer them to possesse anye more substaunce vnder your dominion, then Goddes commaundement doeth allowe.

Beholde howe carefully blessed Gregorye doeth exhort the Queene and the Kyng to punishe the vices of the cleargie, leaste through theyr negligence they shoulde be partakers of the same: and howe they ought to correct their subiectes. For as it is conuenient to be circumspect and carefull against the outward enemies, euen so lykewyse ought they to bee agaynste the inwarde ennemyes of the soule. And lyke as in iuste warre agaynste the outwarde ennemyes, it is lawefull to take away theyr goodes, so long as they contynue in theyr malyce, so also is it lawefull to take away the goods of the cleargie, being the inward ennemy. The consequent is prooued thus, for so much as the domesticall enemies are most hurtfull.

Item, it is thus argued, if God bee, the temporall Lordes may meritoriously and lawfully take away the temporall goodes