from the Cleargie, if they doe offende. For thys poynt lette vs suppose that we speake of power, as the true autentike scripture doth speake. Matt 13. God is able euen of these stones to raise vp children vnto Abraham.

Wherupon it is thus argued, for if God be, he is omnipotent; and if he so be, he may geue like power vnto the seculer Lordes. And so consequ?tly they may meritoriously and lawfully vse the same power. But least that any man may obiect that a profe made by a strange thing is not sufficient, it is therefore declared howe that the temporal Lords haue power to take away their almes bestowed vpon the church. The church abusing the same, as it shall be proued heereafter. And first thus, it is lawfull for kings in cases limitted by the lawe to take away the moueables from the clergie when they do offend, it is thus proued. For the temporall Lordes are most bound vnto the workes of greatest mercy most easie for them, but in case possible, it should be greater almes, & easier temporal dominion, to take away their almes fr? such as build therewithal vnto eternal damnation, through the abuse therof, then to geue the saide almes for any bodely reliefe, Ergo the assumption is true.

Whereuppon first this sentence of the law of Christ in the 2. Thes. 3. is noted wheras the Apostle wryteth thus. When we were amongst you, wee declared this vnto you, that he that would not worke should not eate. Wherefore the law of nature doth licence al such as haue the gouernance of kingdoms, to correct the abuse of the temporalities which wold be the chief cause of the destruction of their kingdoms: whether the t?porall Lords or any other had endowed the Church with those temporalities or not. It is lawful for them in some case to take away the temporalities as it were by way of phisicke to withstand sinne, notwithstanding any excommunication or other Ecclesiasticall censure. For so much as they are not endowed, but only with c?diti? therunto anexed.

Heereby it appeareth tht the condition annexed to the endowing or enriching of any church, is that God shuld be honoured the which condition if it once fail the contrary takiing place, the title of the gift is lost: and consequently the Lord which gaue the almes ought to correct the offence. Excommunication ought not to let the fulfilling of iustice, MarginaliaWhen and howe the title of any gift is lost. Secondly acccording to the Canon law. 16. quest 7. This sentence is noted where it is thus spoken as touching the children neuewes and the most honest of the kindred of him which hath builded or endowed any church. That it is lawful for them to be thus circumspect, that if they perceiue the priest doe defraude any part of that which is bestowed, they should either gently admonish or warne him, or els complaine on him to the bishop, that he may be corrected. But if the bishop himselfe attempt to do the like, let them complaine of him to his Metropolitane; and if the Metropolitane do the like, let them not defer the time to report it in the eares of the king. For so saith the canon. Let them not deferre to report it in the eares of the king. To what ende I pray you? but that he shuld do correction, neither is it to bee douted but that correction doeth more appertaine vnto he king in this poynt for their goods wherof he is chiefe Lord by a substraction proportional, according to the fault or offence.

Item it is thus proued It is lawful for the seculer Lords by their power to do correction vpon the clergy by some kind of fearfull discipline appertaining to their seculer power. MarginaliaIt is lawfull for the ciuil rulers to correct the cleargie. Ergo, by like reason it is lawful for them by their power to do such correction, by all kind of fearful discipline pertaining vnto their seculer power. For so much then as the taking of their temporalities is in kinde of fearful discipline pertaining vnto the seculer power: It foloweth that it is lawfull for them therby to doe such correction. And consequently it followeth that the truthe is thus to be prooued. The consequent is euident and the antecedent is proued by Isidore 23 quest. 5. Principes. Where it is thus wrytten. There shuld be no seculer powers within the church, but onely for thys purpose, that whatsoeuer thing the priests or ministers cannot bring to passe by preaching or teaching[illegible text] the seculer powers, may command the same by the terror and feare of discipline: For oft?times the heau?ly kingdom is profited and holpen by the earthly kingdom, that they which are in the church and do any thing contrary vnto faith and discipline by the rigour of the princes, may be troden downe. And that the power of the rulers may lay that discipline vpon the neckes of the proude and stifnecked, which the vtility and profit of the church can not exercise or vse.

Item all things that by power ought to worke or bring to any perfect ende by the reasonable measuring of the meane thereto, it may lawfully vse by power, the substraction or taking away of the excesse and the addition of the want of the meanes according as shall be conuenient or meete for the measure to be made. For so much then as the seculer Lordes ought by their power to prouide for the necessary sustentation of the Christian clergie by the reasonable measuring of their temporalties whych they are bounden to bestow vpon the Christian cleargie, it followeth that they may lawfully by their power vse the taking away or putting vnto of those temporallities according as shall be conuenient for the performance of that reasonable matter.

Item, it is lawfull for the clergie, by their power to take awaythe sacramentes of the Church from the laitie cnstomably offending forsomuch as it doeth pertaine to the office of the Christian ministers by their power to minister the same vnto the lay people. Wherefore, for so much as it doeth pertaine vnto the office of the laitie, according vnto their power to minister, and geue temporallities to the clergie of Christ, as the Apostle sayeth. 1. Cor 9. It followeth that it is also lawfull for them by their power to take away the temporallities from the clergie, when they do customably sinne and offend.

Marginalia20. Item, by like power may he which geueth a stipende or exhibition withdraw and take away the same from the vnworthy labourers, as hee hath power to geue the same vnto the worthy labourers; for so much then as temporallities of the clergie, are the stipendes of the laitie: it followeth that the lay people may by as good authority take away the same again from the clergy which will not worthely labour, as they might by their power bestowe the same vpon those, which would worthely labour according to the saying of the Gospel. Mat. 21 The kingdome shalbe taken away from you, and geuen vnto a people which shall bring foorth the frutes thereof.

Marginalia21. Item, it is also lawfull for the secular Lordes, by their power to chastice and punish the lay people when they do offend, by taking away of their temporalties, according to the exig?t of their offence, forsomuch as the lay people are subiect vnder their dominion. Wherefore the clergy being also subiect vnder the dominion of the seculer Lordes, as appeareth Rom. 13. and many other places, it is euident that it is lawfull by their power to punish the cleargie, by taking away of their temporalities, if their offence do so deserue.

Marginalia22. Item, the true and easie direction of the cleargie vnto the life of Christ and the Apostles and most profitable vnto the laity: that the cleargie shuld not liue contrary vnto Christes institution, semeth to be the taking away of their alms, and those things which they had bestowed vppon them. And it is thus proued, that medicine is most apt to be laide vnto the fore, whereby the infirmitie might soonest be holpen, and were most agreeable vnto the pacient: Such is the taking away of the temporallities. Ergo, this article is true: The minor is thus proued, for so much as by the abo?dance of temporallities the worme or serpent of pride is spronge vp, where vppon vnsaciable desire and lust is inflamed, and thereby proceedeth all kinde of gluttonie and lecherie. It is euident in this poynt, for so much as the Temporallities being once taken away, euery one of those sinnes is either vtterly taken away, or at the least diminished, by the contrary, vertue induced and brought in: It semeth also most pertinent vnto the laity, forsomuch as they ought not to lay viol?t h?ds vpon their ministers or to abiect the priestly dignity, neither to iudge any of the cleargy in theyr open courts: It semeth also by law of c?science, to pertain vnto the lay people, for so much as euery man which worketh any worke of mercy, ought diligently to haue respecte vnto the habilitie of them that he bestoweth his almes vpon, least that by nourishyng of helping loyterers, hee be made partaker of his offence. Wherevpon if a priest doe not minister of their spiritualties, as Hostyensis teacheth in his 3. booke, of their tithes, first frutes and oblations, that the people ought to take away the almes of their tithes from them.

Marginalia23. Item, it is confirmed by the last chapiter of the 17. question, out of the decre of rents appropriate vnto the church, quicunq;. Whereas the case is put thus, that a certaine man hauing no children, neither hoping to haue any, gaue all his goodes vnto the church, reseruing vnto him selfe the only vse and profites therof: it happened afterward that he had children, and the bishop restored againe his goodes vnto him, hoping not for it. The bishop had it in his power, whether to r?der again or no, those things which were geuen him; but that was by the lawe of man, and not by the lawe of conscience. If then by the decree of the holy doctoure S. Augustine in his sermone of the life of the cleargie Aurelius the Byshop of Carthage had no power by Gods lawe to with holde that which is bestowed vppon the churche, for the necessitie of children, by the which law the wanton, proud, and vnstable clergy being more then sufficiently possessed, and enriched, do detain and keepe backe the temporallities to the detrement and hurt of their owne state, and of the whole Militant churche, the seculare patrones being thereby so impouerished that they are compelled by penurie to robbe and steale to oppresse their tenants, to spoile and vndoe others, and oftentimes by very necessitie are driuen to beggerie.

Marginalia24. Item, suppose that a priest and minister, howe greuously so ener he doe offend by what kinde or signe of offence so euer it be, as it was in the bishop Iudas Iscarioth of the religious monk Sergius, of Pope Leo the hereticke, and many other priests, of whom the scripture and chronicles make mention, and daily experience doeth teach vs the same: It is euident that as it is supposed, the priestes in the kingdom of Boheme greuously offending, it is the kings part, forsomuch as he is supreme head next vnder God, and Lorde of the kingdome of Boheme, to correct and punish those priests. And for so much as the gentillest correction, & punishm?t