THe kyng / by that he is recognysed by the parliamente to be the su­preme heed vnder god vpon erth / of y^e church of Englande / hath as I take it no newe power gyuen hī in any thīge but that lyke as before that reco­gnisyon made / he had all such po­wer ouer his subiectes spirytuall and temporall / as to a kyng belō ­geth by the lawe of god: so after the seyde recognisyon / he had the same power without alteration / & none other but that. And therfore he maye nat as I suppose by reasō [Page] of that recognisyon / take vpon hī any auctority that our lorde gaue only to his apostels or discyples / ī spirytuall ministratyon to the people. And though he may nat / yet y^e recognisyon was nat to al intētes voyde / for by reason therof the power of the kyng is more euydētly knowen than it was before that recognisyon made: for before that recognisyon / the clergye had gretly defaced the power of kingꝭ in this realme. And for a more playne declaration of this mater / it is to be consydered / that there are some thynges that are called mere spi­rytuall / and that be so in dede. And ther be some that haue bē cal­led mere spirituall / whiche neuer­thelesse perteygne to the power of kynges and princes. The thyn­ges mere spirituall be these: The consecration of the sacrament of [Page] the auter / the makynge of abso­lucyons / the gyuyng of orders / & the ministratyon that saynt Paul speke of. ad Corin. iiii. Whan he sayd of hīself & of other Apostels & discyples of Christ thus / Let eue­ry man esteme vs as ministers of Christ / & as dispēsatours of y^e mi­steryes of god / wherby he vnder­stode princypally the ministratyō of the sacramentes. And suche mi­nistration the kynge may nat take vpon him / ne he intendeth it nat. I knowe well that a kynge maye be a prest: yea / & a bysshop also / & thā might he lawfully minister al such spūall thīges if he lyst: but I wolde nat thynke that it were an incresynge of his honour to do so: for the honoure of a kynge stādeth specyally ī doyng iustyce vnto his people / as it appereth. Ps. xcviii. where it is sayd: The honour of a [Page] kyng loueth iustyce. And one poīt of, iustyce is / to se the ministers vnder hī do their duty. And therfore if bysshoppes were neglygente in doynge their ministration to the people / the kyng might cōmaūde them to do it: & that were more ho­nour to him than do it hī selfe. And though as it appeareth, ii. Par. xix. Kyng Iosaphat ordeyned iugꝭ in all the cyties of Iuda: and that in Ierusalem he ordeyned Leuytes & prestes / & princes of famelyes that they shuld iuge the iugement and cause of our lorde. &c. Yet it appe­reth nat that he made them prestes no more than he made Amaryas a preest: for thoughe he appoynted Amaryas to be cheife preest / yet it appereth that he was a prest before And also though kyng Dauid appoynted the prestes and leuytes to their offyces / as appereth .i. Par. [Page] xxiii. & xxiiii. Yet it appereth nat that he made any of them preestes. Also trouth it is / that euery kyng is bounden to minister iustyce vnto his people / accordyng to the la­wes of his realme. And may ther­fore to that intent be called a minister: but yet that ministration is all in a nother maner / than is the ministration of the successours of the apostels: for the ministration of a kynge / is the ministration of power / iustyce & souerayntie: and to it ar necessary great possessyōs / honour and ryches / to maynteyne his estate. And the ministratyon of the other standeth in spirytuall seruyce to the people / in mekenes / ghostly counsell / preachynge and teachynge in all charyte: in somo­che that none shulde be mery in god / but they shulde be mery with him: none shulde be in heuynesse / [Page] but they shulde sorowe with him: and to these ministers is necessary suffysaunce without abundaunce: and honest pouerty is nat directly agaynst that ministration: & they ought alway to haue a contynuall desyre that the people shulde lyue in such brotherly loue & quyetnes that there shulde nede no ministration of iustice by the high powers to be vsed amongest them. And if any suche happened to come / they shuld feare gretly y^t it might hap­pen to come through some defaute in them. And surely whā any gret variaunce & trouble ryse among y^e people / it is nat vnlyke but that some parte of the occasyon therof rose fyrste through the defautes & neglygence of some of the clergye. Than syth it is right highly expedyēt for the ministration of a price to haue habundāce of possessyons [Page] as is sayde before / howe maye he take any other ministration vpon him that agreeth nat with that habundance. I knowe no man that wyll perswade the kynge to take those powers vpon him: but I haue writen to you my conceyte / that in case that anye man wolde per­swade him to it hereafter / that ye shall knowe before howe as me se­meth his perswacyon ought to be alowed. The other that haue ben called in tyme paste thynges mere spirytuall / & be nat so in dede / be very many wherof I shall recyte parte: but to recyte all / it wolde be very tedyouse both to you & to me: but if ye / & other that be lerned in the kynges lawes wolde dilygently enquere for thē / ye shulde fynde many mo than I wyl reherce here

Fyrst it hathe ben taken in tyme past as a thynge mere spirytuall / [Page] that the bysshop of Rome oughte as the vycare generall of Christe / to gyue all spirytuall promocyōs and benefyces through cristēdom. Also that he & other bysshops vn­der him / ought euen by the law of god to visyte all preestes / curates and houses of relygyon throughe crystendome. Also that no prince / might taske his clergy for any cause without lycence fro Rome: that the deuisyon & distinctyon of pa­rysshe fro parysshe / is a thynge so mere spirytuall / that no man may do it but the clergy. That sētuary in churcheyardes / is lykewyse so spirytuall / that the clergye muste nedely order it: and that therfore they be all accursed that watche any man in the churchyarde. That no bysshop ought to be made without the popes bulles: and that he ought to haue Annates for them. [Page] That the clergye oughte to haue correction as of thynges mere spi­rytuall / of auoutrye / fornicacyon / symonye & vsury: and to ordre matrymony / tythes / oblacions / and periury in some case. & of dyuerse other thinges wherof it is no dout but they haue holden plee in tyme past / rather by a custone & by a sufferaunce of princes / than for that they be mere spūall / or that they had auctorite so to do by any im­medyate power of the law of god. They haue claymed also as thīgꝭ mere spirytuall / the prouynge of testamentes / makyng of letters of administrations / sequestrations / pluralytes / vnyons / & dispensa­cyons / & dyuers other / whiche be nothyng mere spirytuall at all.

And such powers kinges & prices might take into their handes laufully if they wolde / without offen­dynge [Page] the lawe of god. Neuerthelesse I speke not this / to the intent that ye shulde take my meanynge to be / that I wolde haue it so done in dede: but that I wolde haue it knowen vnder what maner they haue their power in such thynges to the intent they myghte the more mekely / & the more charytably ex­ercise theyr power herafter amōge the people / than they haue done in tyme passe. And it is no doute but that many of the clergy haue set so gret diligence to maynteyne their power & iurysdiction in such mixt thynges / that they haue the lesse regarded the ministration in prea­chynge & techynge / & in the thingꝭ before rehersed that be mere spūall in dede. And that were moch more ꝓfytable to the people to be maynteyned / & contynually put in execucyon than the other be.

FYrst suche power as the apostels and disciples hadde of Christ / they vsed / & might laufully vse in the begynnīg of the churche vnyuersally ī all places wher they came / & none had any more power in one place than in another.

Also after the passyon of Christ the successours of the apostles and dyscyples were appoynted to vse their power within a certayn cir­cuite / but that appoyntemēt was onely by the power & law of man / & nat by y^e īmediat power of god.

Also at the counsell of Nycene / Rome was nat taken for the heed [Page] of the churche: ne the bysshoppes there had nat than any other auctorytie / but as euery other bysshop had. And that appereth thus: The bysshop of Alexandre is there in the seyde counsell of Nycene fyrst spoken of before the bysshoppe of Rome: & if the bysshop of Rome had ben there heed of the churche / it shulde nat haue ben so. And the bysshop of Alexandre was by the seyd counsell appoynted for his dyocyse to Egypte or Lybia / & Pen­tapolim. And the bisshop of Rome was appoynted to that he was ac­customed to haue before: & it was farther decreed / that at Antyoche and other prouynces the honoure shulde be kepte to euery churche.

Also after the seyde counsell of Nycene / there was gret varyāce betwyxte dyuerse bysshops / who shuld be the hyghest bysshop. and [Page] the bysshop of Constātinople somtyme toke him self for highest / and called him selfe prince of bysshops And after as Platyne / De vitis sūmorū pontificū / writeth it was ordeyned in the tyme of Focas the emperour / that Rome where Bo­nyface the third was than bisshop shulde be the heed of all churches / whervpō it folowed that the seyd Bonyface shulde be taken as heed of all bysshops and prestes. And greate varyaunce was after who shulde be next seate to Rōe / & who the thyrde / the fourthe / & the fyfth / wherof is mencion made Distin [...] xxii. cap. Sacro sctā / & cap. Con­stantinopolitane / & ca. Renouan­tes: by al which lawes it appereth euydently that there was none of the seyde bysshops that pretended to be the heed of the vnyuersall churche of Christ / that is to saye / [Page] of the whole congregation of all christen people: but only to be hed of all other bysshops & prestes: for if any wolde haue pretended to haue ben heed ouer al christen people he shulde haue pretended to haue ben heed ouer the seyde emperour Focas / & ouer all other kynges & princes also: and it is nat to thīke that the seyde Focas wolde haue assented therto. And neuerthelesse by occasion therof / many of the successours of the seyd bonyface / haue taken vpon them to be the hed of y^e hole vnyuersall churche of Christ wherby they haue pretended to be heed ouer emperours & kynges: & that emperours & kīges oughte to be obedient vnto thē: & with helpe of bisshops in coūtreys & realmes and of other that haue ben highly auaūced in the clergy / & that more fauoured y^e bisshops of Rome thā [Page] their owne naturall princes / they haue put emperours & kyngꝭ that wolde any thinge resyst that pre­tence many tymes in gret daūger & somtyme vtterly distroyed thē. And yet the very truth was / that they had no power gyuen theym but onely that they shulde be the heed ouer other bysshops whiche they had as Platyn sayth & ought therby to haue onely at metynges and congregations some preemy­nence of place and power of pre­chyng / if they lyst before any there bysshops: & yet neuerthelesse they made emperours & kynges & their people beleue that they had suche power / and brought theym in be­lefe also / that they were bounden to gyue credence to the clergye in all spirytuall maters / and that to doute at the popes power was he­resy: & so through pusyllanimitie [Page] and wylful ignoraunce of princes and their people / and throughe a confederacy of Bysshoppes / they were therin right gretly deceyued but whan the parliament in y^e said xxvi. yere &c. recognysed the kyng to be the supreme heed in erth vn­der god of the churche of Englāde they vnderstode by y^e terme: chur­che / the hole cōgregation of all the people within this realme / aswell of the clergy as of y^e lay people: & that the kynge is the heed of them all / as he is in dede: for it had ben a recognisyon of small effecte / to haue recognysed hī hed of the cler­gye only / that was before heed o­uer his subiectes spūall & tempo­rall. And so by that recognisyō the kynge hath none other auctoritye ouer his subiectꝭ but as he had be­fore: so that he maye nat vse any power mere spūall / that our lorde [Page] gaue onely to his apostels & discy­ples: as to consecrate or make ab­solucions / ne any other lyke / as is sayde before. And if percase the parlyamente & conuocacyon also had expressely graunted to the kīg with the seyd name of the supreme heed: such spūal auctorityes / it is no dout / but that y^e graunt had bē voyde: for they haue no auctorite to chaunge the lawe of god. And if this be trewe / it wyll be very harde to tell what auctorite or po­wer is taken by the seyde recogni­syon fro the bysshop of Rome that he had before the seyd recognision made: for the extorte powers that he toke vpon him by occasyon of that name in this realmeꝭ were ta­ken fro him before by the statutes made in the sessone holden in the seyd .xxv. yere. &c. But that name of heed of all bysshops remayneth [Page] yet vnto hī nat taken away bi any statute / & that maye appere in this maner. The seid statute of .xxvi. is only that y^e kyng shall be supreme hed vnder god vpō erth / of y^e churche of Englāde / wherby is vnder­stāde y^t he ought to haue suche po­wer ī this realme ouer his subiec­tes spūal & temporal / as to a kyng belongeth by y^e lawe of god / as is sayd before: & with y^t it may well stāde / that one may be hed bisshop & minister in thynges mere spūall ouer the same people: but than admyt that he be so / yet what power he ought to haue therbi ouer other bisshops is to be sene / and to gyue other occasyon to treate more tho­rowly of that mater. I shall som­what shewe my cōceite therī: And that is / that it shulde seme that he shulde thereby haue this preemy­nence / to haue the hyghest seate a­boue [Page] all other bysshoppes. And if he wolde preache / that he ought to haue the place before all other / as is sayd before / & these preemynen­ces & other lyke remayneth yet vn­to hī / if he cam into this realme for ought that the ꝑliament hath don: & if any mā wyll say that he ought therby to haue & vse also y^e power of a bisshop in mere spūall thingꝭ as in gyuyng ordres / makynge of prestꝭ / makyng of excoīcaciōs & absolutiōs / & such other in all places wher he shuld come / aswell w^tout his owne dyocyse as within: to y^t it may be answered / that if y^e gene­rall counsell whereby Rome was made hed of al other churches / had entēded y^t the bisshop of rome shuld haue had y^e power of a bisshop vniuersally in all other bysshops diocyses through cristēdome / y^t than the seyd general coūsel wold haue [Page] expressed openly that power / and wold also haue reuoked the coun­sell on Nycene / which appoynted the bisshop of Rome to his diocise and that in all other prouynces / y^e honoure shulde be kepte to euery church. But forasmuch as the seid generall counsell dyd nat so / it se­meth that it intēded that the counsell of Nycene shulde stande in ef­fecte: & that the bysshop of Rome shuld styll kepe him to his diocise as he dyd before / hauynge only by that name such preemynence at the generall metynge of bysshops / as before appereth in whose diocyse soeuer they mette: neuer the lesse I wyll nothynge speke determy­natly in this mater: but remytte it to them that haue auctoritye. And than if it be thought by the kynge and his parlyament that no hurte can come hereafter to the comenwelth [Page] / though y^e bisshop of Rome be suffred to kepe styll his name of the heed bysshop of crystendome / bycause the kynge natwithstan­dynge that name maye enioye the name of supreme heed vnder god vpō erth of the church of Englād: they may suffre it contynue: but if they se lykelyhodꝭ / that if y^e name be suffred to cōtynewe / y^t than by colour of that name / he wyll pre­tende hereafter to haue power a­boue kynges & princes / as his pre­decessours haue done in time past: than maye the parlyamente repell that name as to this realme for e­uer: & it wyll be a very good dede to do it for the mayntenance of the whole comen welthe. But as yet it is nat auoyded / bycause bothe names may stande togyther to se­ueral intentes as before appereth. How may any man than resyst the [Page] seyd statutes but he resyst god: or how may any man say that if he a­greed to the statute / that he shulde fal therby fro the vnyte of christes church / syth the vnyte therof stan­deth nat in that poynte / whether Rome be heed churche of all other churches or nat: But thā some mē say in this mater / that the parlya­ment dyd nat wel to recognyse the kynge to be supreme heed in erthe vnder god of the churche of En­glande: where saynt Paule sayth ad Ephe. v. Man is the hed of the woman / as Christ of the church: & also he sayth ad Colos. i. He is the heed of the body of y^e churche: that is to say Christ. and thā it is said i. Corin. xi. The heed of Christ is god: & so say they / the parlyament shulde haue holden lyke ordre / as s. Paul dyd & haue recognysed y^t the kyng was supreme heed vpon [Page] erth vnder Christe / to whom god was heed / & that the parlyamente erred in that they kept nat y^e ordre that. s. Paule. did. And truly this is a daungerouse sayeng: for if the ꝑlyament erred therin / than were no man bounden to obey the ꝑlya­mēt in that behalfe: for y^e ꝑliament may nothīge do against y^e lawe of god: neuerthelesse it is apparant that the ꝑlem̄t dyd well & varyed no thinge fro s. Paule: for it sayth that the kyng is the supreme heed vpon erth vnder god / and that is true that he is vnder god. And yet in that it saythe / that the kynge is supreme heedde vnder god / is nat Christ excluded: for god is Christ and Christ is god / and the whole Trinitie is in Christe: And so he that is vnder god / is vnder christ so Christe is God / and so God and Christ is all one.

[Page]But if the ꝑliamēt had recognised the kyng to be supreme heed vpon erthe vnder god / of the churchc of Englande / but nat vnder Christe than had they erred in dede / & no man had ben bounden to haue ta­ken the kyng vnder that maner as supreme heed. &c. But here it is nothing so. And I dare wel affer­me that it was neuer the intēt of y^e ꝑliamēt / to make any distynctyon or dyuersytie betwyxt god & christ ne to exclude Christe fro the heed­shyp of the church: & if the ꝑliamēt had sayde expressely that the kyng was supreme heed. &c. vnder god and Christ / than noman wold ha­ue taken any exception to it. And statute is nowe of the same ef­fecte: and syth it is now a lawe of the realme / it must be iudged ac­cordynge to the groundes and ru­les of the lawe of the realme / and [Page] vndoutedly they wyll iuge the statute to be of such effecte as I haue sayde before: & that that was the very meanyng of the makers therof / for the wordes therof proue suffycyently that it was so: & though they do so / yet is that iugement no thynge agaynst saynte Paule: for with that it standeth verye well / that Christ is the heed of the churche / & that god is also the heed of Christ / as saynte Paule sayth.

¶ Also whan Rome was made heed of all other churches / as Platyne sayth it was: yet it is vncer­tayne what princes were warned to be at that counsell / & what nat. And if any Prince or Countrey were nat warned to be there / than that coūsell bounde nat that prīce / and no man can iuge for certayne that the kynge of this realme that tyme beynge had suche warnynge [Page] for it was in the tyme whan there were many kynges in this realme and whiche of them were warned and whiche nat / no man can tell. And if this realme were nat bounde by the seyde generall counsell to accepte Rhome as hedde of all churches bycause it had no war­nynge: but hath by custome assented to it / than is that custome the thynge that shuld bynde this real­me to it / and nat the generall counsell / and than it is no doute if the parlyamente see a hurte folowe to the comen welthe / by that custome but that they maye: yea / and are bounde of iustyce to redresse it.

Also / though it were admytted that this realme hadde warnynge and were therefore bounde by the seyd generall coūsell as other realmes were: yet for as moche as a [Page] generall councell shulde be holden at certayne tymes appoynted by the lawe to redresse wronges done to the people. And it is well kno­wen throughe christendome: that popes in tyme paste haue delayed suche generall counseyls / further than the lawe wold this many ye­res. Therfore if the wronges done by popes / shulde nat be reformed before a generall counsell / the people mighte be longe greued / and haue no helpe of longe tyme: and there is no reason why they shuld susteyne wronge any one daye specyally by him that dyffereth the meanes whereby they might haue remedye. And therefore the par­lyament hath good auctoritye to remoue such wronges ī this real­me: and so haue all other Real­mes that be in lyke maner greued as this realme was.

[Page]¶ Also though it were nat the in­tente of the sayde Phocas to take any power fro princes / but onely to make Rome the hedde of other churches: yet neuerthelesse the po­pes haue by occasyon therof taken great power fro princes / as whan they pretended to gyue all spiritu­all promocyons thorowe all chri­stendome / and to do dyuers other thynges vnder the pretence that they were thynges mere spirituall as in the fyrst chapiter of this an­swere appereth: And whan they pretended to make personall cyta­cions to whom they wolde & cause them vpon payne of cursynge / to appere at Rome aswell bysshops as other / that all appelles shulde be made to Rome / fro all bysshops of crystendome / & that all bisshop­pes shulde be sworne to them: And that they myghte prohybyt what [Page] bokes: & preachers they wolde by their owne auctorite. And certayn it is that they optayned all these powers more thorough the suffe­raunce of princes / rather than by the lawe of god.

Also many of the sayd pretences made by the bysshops of Rome / & dyuers other nat here remembred were dyrectly agaynst the power of other bysshops / that they had receyued of the immedyate gyfte of god. And bysshops coulde nat ha­ue ben compelled to haue suffred suche vyolence if they wolde haue resysted it: And therfore great de­faute & offence of conscyence was in them / that they wolde wylfully suffre suche wronges nat onely to their owne hurte: but also in ma­ner to a whole confoundynge of al truth / and of al good comen welth in many countreys.

[Page]¶ Also / for as moche as the bys­shop of Rome / natwithstandyng the seyde statutes. And also nat­withstandynge any other statute made in this present parlyamente shall haue as moche auctoritye in this realme as his predecessours had at the sayd coūsell of Nycene: no man may say that they that ob­serue those statutes declyne fro the vnytye of Christes churche or fro the gospel: but he sey also that the sayd coūsell of Nycene dyd so like wyse: and that no man wyll saye as I suppose.

THis is a good prayer: lord I besech the in the honour of our blessed lady & of all the gra­ces [Page] & vertues that thou gauest vnto her: for the which gracyous giftes I & al other ar specially boūde to honour & loue both the and her / that thou to thy honoure & to hers graunt me y^t I aske if thou know it expediēt for me & if nat thy wyll by done & nat myne: And I suppose verily y^t they that made the Le­tani entended none other wyse but that all the prayers that be made therin to our lady & to other sayn­tes shuld be takē as prayers vnto our lorde: that he for al the graces that he gaue to them: gyue vs his grace & help vs in all our necessyties: But no man ought to aske any peticiō of our lady as thought she of her self hath power to graūt it & there be many also that wil say ferther that oure ladye of her owne power dyd neuer yet any myracle but y^t our lorde only of his power [Page] to shew that he had accepted & ap­proued her vertue / wherby other might be encouraged to labour to haue lyke vertues as she had: dyd it. And they say also that we may nat cōmyt oure soules holly to her ne praye her to putte awaye oure synnes: for none maye put awaye synne but only god. And further­more I can right well agree / that sayntes of them selfe / ne by their owne power can nat here our complayntes / ne knowe the honoure that we do to them: but syth they be alwaye in the syght & fruicyon of the Godheed / I suppose that they by the power of god / se them and knowe them / as in moste cle­rest glasse. And that for this cause the deuocyon that the people haue to sayntes / if it be well ordred / soū deth to the honour of god: for that suche deuocyon ryseth to them for [Page] the graces & vertues that our lord of his mere goodnesse gaue to thē here in this worlde: & therfore it is very lyke that the sayntes knowe that deuocyon so done to theym to his honoure. Also it is written .i. Corin. xiii. Charitas nunquam excidit. Charyte neuer falleth: that is to saye / suche charytie as a mā hath in this worlde at his deth shall nat decaye: but shalbe moche more in heuen than it was here: & thervpon it semeth to folowe / that syth they here ī this world of their charyte had compassyon of all the people: but more specyally of thē that shewed them their greifes / & prayed thē of their comforte / that they do lykewyse nowe: for els it shuld seme that their charyte were nat so great nowe as it was than: for no man can haue compassyon of any persone in especyall / but he [Page] knowe the thynge that greueth hī and wherfore he doth specially cō ­playne / wherefore as it semeth / it must nedes folow / that the saintes in heuen / through the goodnesse & power of god / here & knowe suche complayntes as bē made to them: for els their charytie in partyculer necessyties of men shulde nat be so greate as it was whan they were here / and that shulde be agaynste the wordes of saynte Paule / befo­re rehersed. And than whether sayntes in heuen therevpon praye for vs or nat: Verely I thynke there is no vocall prayer in heuen for if sayntes by a vocall prayer shulde shew all our ꝑtyculer peti­cyōs & compleyntes to our lorde / & praye him to helpe vs with kne­lynges and besechīges / as is vsed here in erth / whan we wolde haue oure peticyons graunted in thys worlde [...] [Page] [Page] [Page] / so that it be onely for god and to his honoure / and that god for that loue so ordered to his loue / wyll somtyme here our complayntes: yet it is no doute but that that complaynynge to sayntes is the moche lower degree of prayoure than a prayoure and a complaynt made to oure lorde for hym selfe: that is to saye that he for his owne goodnes and for the passyon and dethe that he suffered for vs and for all mankynde / wyll here oure petycyons: and whye the people shulde be so delygently called on to vse the lower degree of prayer that is to saye to praye to Sayn­tes / and that the excellencye and worthynesse of the hygher prayer that is to say to god for him self is so seldome declared vnto the peo­ple as it hath bē in tyme past: Me thīketh it is moch to be merueyled [Page] Neuerthelesse I can well agree / that the fyrst complaynynge / that is to say to sayntes / is right good: for our lorde wylbe honoured and loued in dyuers maners / somtyme for himselfe / somtyme for his saintes: & also he wyll somtyme shewe to the worlde / that he wolde his sayntes shulde be honoured for the graces that he frely gaue to them in this worlde: to gyue other cou­rage to endeuoure them selues to haue lyke vertues: but he wyl nat that the thanke be holly stollen frō him and gyuen to them: ne yet the sayntes wolde in no wyse haue it so: and therfore it wylbe very dangerouse to suffre the people to ma­ke their complaintes to sayntes or to say their deuocyons before ymages after their owne deuocion and affectiōs / for vndoutedly many of them but they be ofte admonyshed [Page] howe to ordre theymselfe therein / wyll honour the ymage. And also pray to the sayntes with a ful trust that they shall optayne of them all that they do aske / and that shulde be to the derogation of the honour that ought only to be gyuē to god as is sayde before. And than to your other question / whether it be lawfull to honoure sayntes / or to saye anye prayers to oure lorde to their honour. It is as me semeth / but a lytle questyon / for sythe it is lawfull to worship a mortall man for the auctoritie y^t oure lorde hath set him in here in this worlde: or for that he is our fader or mother / or for the vertue that oure lorde of his goodnes hath giuen hī in this mortall lyfe / whiche neuerthelesse he maye lyghtly lose: moche more it is lawfull to honoure them that be in heuen / for the vertue that our [Page] lorde of his free gyfte / gaue vnto them here in erth / whiche they be sure they shall neuer lose. Neuer­thelesse / me thynketh there may be put some dyuersytie betwixt suche saintes as be canonysed by scripture / and the olde auncyent sayntes that haue alway bē taken for holy by a ful comen & vnyuersall assent of all the people throughe an in­warde instyncte and speciall wor­kynge of the holy ghost in the hertꝭ of the people / & bytwixte suche as haue bē of late tyme canonysed for sayntꝭ at Rome for mony: & by the speciall labour & callynge on of o­ther that hath ben of the same ma­ner of lyuyng as they were. As of bysshops for bysshops / prestes for prestes / relygyouse for relygyouse and such other. For it is very lyke that manye haue laboured for the canonysatyon of suche sayntes as [Page] haue ben of the same degre of ly­uynge as they be: more of a pry­uate loue to theym selfe / and for a commendatyon of that waye of ly­uynge that they be of / than for the pure loue of god / or for encrease of vertue amonge the people. And nowe wyll I therfore shortly as I can more playnlye shewe my con­ceyte / what sayntes a man maye vndoutedly beleue to be in heuen. And fyrst he maye beleue all them to be in heuen / that be wytnessed by scrypture to be holye and bles­sed: As it is of oure Lady: saynte Iohan Baptyst: the .xii. apostles saynte Paule / saynte Stephan / & of the thefe / to whom oure lorde hangynge on the crosse sayde:

This daye thou shalte be with me in Paradyce / and dyuers other whō Scrypture wytnesseth to be blessed / and also of them that be remembred [Page] for holy. Ecclesi. xliiii. And ad Hebre. xi. he may also ta­ke them assuredly as blessed / that haue ben accepted as holye & bles­sed of longe tyme by the whole assent of the vniuersall christen peo­ple throughe wytnesse of the holy ghost gyuen them in their hertes that they be holy and blessed / as it is of the auncyent martyrs that in the begynnynge of the church / suffered deth for the fayth of Christ & of other holye men & women / that haue ben accepted for holy by a cō ­men assent of all the people of cry­stendome: for the goodnes of our lorde is such that he wyl nat suffre his vniuersall people where they intende wel renne holly into an o­pynion that is vntrue / & ther fore I suppose verily that the deuotiō of the people was suffycient cano­nysacion to many of them that be [Page] in scrypture before any Canō was made of scrypture. And lykewyse I suppose that the greatest stren­gthe & auctorite of the newe testa­ment rose in the begynnyng of the churche by a full belefe / that dayly rose in the hertes of all the crysten people to that that was preched bi the apostles / & written by the Euā gelystes in the seid testamēt before any Canon was made of thē. But of sayntes that haue bē canonysed at Rome for money / for affectiō or for any suche other worldly consy­deration. Whose vertue and my­racles: if they were bysshoppes or prestes were specyally extolled & set forth by bisshops & prestes: and if they were of any relygyon / their vertues & myracles haue bē migh­tely extolled by them of the selfe relygyon: so that tas it semeth a deuocyon hath ben brought to them [Page] in to the hertes of many persones rather by mannes polycye than by inward instyncte of the holi ghost: of suche sayntes it is more dowte whether they be holy or nat. And therefore to complayne to them af­fermynge them precysely to be ho­ly and blessed / hauyng none other proufe that they be so. but the wit­nesse of mā y^t may lyghtly erre / se­meth nat so sure to complayne vn­to as to the other. Howbeit I en­tende nat by this sayenge to affer­me precysely / that they so canony­sed by wytnesse of mā be nat holy. But I wold auoyde the presump­tyon of thē / that in suche case take vpon them to iudge them for holy that only belongeth to god to iuge vpon. And I somwhat doute the more at such newe canonysacyons bycause the famouse clerke Iohan Gerson in a treatise that he calleth [Page] the declaratyon of the defautes of men of the churche / auertyseth the generall counseyle / to consyder if it were well done to canonyse

Charles duke of Brytaygne / nat withstandynge the great multy­tude of sayntes that were canony­sed before. And vpon the eyghte treatyse of Magnificat. he vnder this sygne. &. sayth / that there is a legend / which sayth / that a deed dogge was worshipped in Viēna for a saīt / wherfore it semeth right expedyent that all the people / but most ī especyall the clergy & relygiouse pray deuoutly to o^r lorde that the rulers may through y^e specyall gyft of y^e holy ghost now in this dā gerous time / know whose canonysatiō is pleasaūt in his sight / & whose nat / & than by a comen assent to cōferme them / that they shall after dilygent prayer thīke to be holy in [Page] such maner that they shalbe taken here after by all the people as holy and blessed to the honoure of god and encrease of vertue / through y^e good example & blessed lyfe that they shall here & rede of the seyde gloriouse sayntes / and nat to be bounde to beleue that any other is holy & blessed / but they so aucto­rysed / as is afore sayd. And nowe wyll I somwhat speke of abusiōs in the masse / for that foloweth next after the ordre of your letter.

WHere ye haue written to me / that there is a sayeng in your countrey / that many here aboute the Cytie shulde fynde defaute a [...] [Page] dyuers abusyons that they preten­de to be in dyuers ceremonyes cō ­cernynge the masse. I asserteyne you it is euen so as they saye / that there be many of that opiniō / they sticke fully to the effecte of y^e masse that is the gloriouse sacrament: But at dyuers thynges which as they saye / be abused in that behalfe they fynde right gret defaute. and they saye further also / that if any man fynde defaute at such abusiōs that dyuers of the clergye wyll a­non do that in them is / to cause it to be noysed amonge the people / that he erreth in the sacramente. & they saye also that many ley peple haue suche a ꝑnytie & redynesse to gyue credence to such reportes / be they true or false / that a man shall be anon halfe condempned or that the mater be any thynge knowen as it is: and surely I thynke it is [Page] true as they say / that there be ma­ny great dysorders & abusyons cō cernynge the masse: How be it / I wyl nat at this tyme treate ꝑtycu­lerly of thē for dyuers causes: but shall beseche our lorde to put it in to the mynde of all christen prīces to loke dilygently vpon them and other lyke / & se them reformed: for it is nat in the power of any other to do it / & therfore if they ley nat to their handes / it is to feare that lytell good wyll be done in suche maters: but that the olde way and the olde abusyons wyll contynew as they haue done in tyme paste / which vndoubtedly shulde be to the hygh displeasure of god / hurte of the comen welth / and right great danger to y^e soules of many ꝑsons.

[Page]THe power of grauntynge of pardons and makynge of absolucyons hathe ben so farre abused in tyme past diuers wayes that it hath nat ben onely executed against the intent of the graūtour that is to say of our maister christ but also so great couetyse hath ben shewed therby / that gret grudges and murmures haue rysen by oc­casyon on therof in many countreys and that nat without great cause. And one cause hathe ben this:

Though our maister Christ sayd to Peter in the name of all the ap­postles. Mat. xvi. What soeuer thou losest vpon erth shalbe losed in heuē: by which wordꝭ al the apostels & their successour had auctorite to make absoluciōs / a pena et culpa / that is to say / for the synne & fro the payne dew for the sīne: yet y^e successours of Pe. haue only taken [Page] vpon them to execute that power by waye of grauntyng of ꝑdons / as though y^e power had bē graun­ted onely to Peter & his successors And for a further profe that all the appostles had one lyke power in makynge of absolusyons by these wordes: Quodcū (que) solueris. &c. it is sayd in the popes owne lawe Distincꝭ. xxi. cap. nono. Thus: The power of byndynge & losing Peter fyrst toke & the other appo­stels in lyke feloship with hī / toke lyke honour & power. And .xxiiii. q̄. i. loquitur. It is sayd that the other Appostles were as Peter was / endewed in one lyke felow­ship both of honoure and power. And syth the power of all the ap­postles by wytnesse of the lawe / that is called the popes owne law is lyke: why shuld than they that pretende to be the successours of [Page] Peter / vsurpe that power only to them selues: And yet that vsurpa­cion appereth the more plainly by cause that in the .xviii. chapiter of Mat. our lorde sayd to his discy­ples generally y^e same wordes be­fore rehersed / that is to saye: what soeuer ye lose vpon erth shalbe lo­sed in heuen: & it must of necessyte be taken / that by that worde discy­ples / he ment either his apostels which be ofte called in the gospell discyples: or els that he ment ther­by the .lxxii. discyples: or els that he ment them both. And if he ment therby the .xii. apostles only / than euery one of them had yet by those wordes as hygh power as any of the other had. And if he ment therby the .lxxii. discyples & the .xii. Appostels also: than hathe euery preest to this day power to graūte pardon / bycause he is the successor [Page] of y^e .lxxii. discyples / & if they haue so a I thīke verily it is no doute but they haue: it is greatly to be merueled / why they or bisshops either wold renounce & forsake that power y^t was so playnly gyuen to thē by Christ. Howbeit some men wene that it was done to thētent y^t they by that occasyon & other lyke might make one bysshop so hygh ī auctorite aboue all other bisshops and prestꝭ / that he shuld be able to matche with kīges & princes: & if bysshops & prestꝭ haue that power than maye kynges & princes com­maunde thē to exercise that power for the renounsynge of their predecessoures in that behalfe byndeth them nat. And neuerthelesse vpon that renounsynge / hathe folowed this incōuenyence / that none coul­de haue suche pardon or absoluciō but fro Rome / and that nat frely / [Page] but for greate sommes of money / excepte only that to please Cardy­nalles / Archebysshoppes and bys­shoppes. It was agreed that Cardynalles and Archebysshoppes / shulde haue power to graunt an hundreth dayes of pardone: and bysshoppes .xl. dayes: but as for prestes which were and be conuersaunt dayly amonge the people in euery parysshe / and that mighte haue done most good therwith to the peple: as I shall sōwhat touch afterward was no prouysyon: for all the study & dilygence was to exalte busshops. and here it is to be noted howe great dissymulatyon and pride was in this conueyance aswell in the successours of Peter as of the other Appostles in those dayes: For if that power had ben onely graunted to Peter and his successours / than might nat he nor [Page] his successours haue graūted his power / nor no parte therof to any other: for it can nat be proued neither by the letter of the texte / ne yet / that it shulde be the intente of Christ / that he wolde that Peter shulde make suche deputyes. And he made nat only Cardinals / archbysshops & bysshops his deputies to graunte suche pardon as he ap­poynted them / as is aforesayde: but he graunted also many tymes suche deputacyon condycyonally to all prestes seculer & reguler / as though they shulde haue their po­wer onely fro him: & therefore he graunted his pardons many ty­mes vnder this maner / that who soeuer wolde gyue suche a somme of money to the reperation of S. Peters church at Rome / or to som other intent expressed in the bulles that they shuld amonge other thinges [Page] haue auctorite to take an able ghostly father / seculer or reguler / that shulde haue power to assoyle them fro all theire offences / & also fro the payne dewe for it / excepte that comenly in such pardons som thynge was alway reserued to Rome / as for a remembrance that mē shulde nat forget the way thyther. And howe coulde the pope graūte power to suche confessour to as­soyle anye man fro payne / if the confessoures had nat had that po­wer before of god. And if euery preest haue suche power of god / as I thynke verily he hath as well as any bysshop: than it semeth that it were good that they shuld be com­maunded to vse that power heraf­ter by way of absolucyon frely / to the ease & conforte of the people / & they nat to be dryuen to go to any bysshop for it. And if that power [Page] were so ordred / than all the good dedes that any man shulde do af­ter suche absolucyons by waye of penaunce or other wyse / shulde be auaylable to hym to encrease his ioye in heuen / and nat only for puttyng away of paine for their sinne passed, And as it semeth it is very conuenyent that ther shuld be such an absolucyon a pena et culpa in christes church: for y^e lawe of christ is called the lawe of grace & mer­cy. And the olde lawe was called the lawe of iustyce: and alwaye in the olde lawe / by a full & parfyte contricyon equiualent to the actu­all synne: the sine / & also the payne for the sīne was put away / excepte onely the origynall synne / & there­fore it shuld seme that the new law shuld be more fauourable thā that was / and that is as I suppose by suche absolucyons / wherby all the [Page] good dedes that the penytent shal do after the absolucyon shalbe turned holly to his rewarde in heuen as is afore sayde. And further­more if it were admytted that the successours of Peter shulde haue only the power to graunt pardon yet neuerthelesse it appereth euy­dently y^t they haue ī tyme past rizt gretly abused their power therin: for the wordꝭ that gaue thē power in that behalf / be the wordꝭ before rehersed: Whatsoeuer thou losest vpon erth shalbe losed in heuen: by which wordes it appereth that the meanīg of our lorde was / that Peter shuld haue non auctoritie to lose any man by that graunte: but such as were bounden to som thīg before suche losynge. As if a man had offēded / & wer by reasō of that offence boūden to a certayne paine for it / that thā Pet̄ & his successors [Page] shulde haue power to release it. And that if he released that payne in erth / that god wold release it in heuen. And I can right well agre that he had that power & dyuers other also as I haue sayde before But how farre his successours haue abused that power: it maye ap­pere thus: They haue graunted their pardons nat onely for relea­synge of payne for suche synnes as were done afore the tyme of the graunt. But they haue graunted also / that all they that wolde giue suche a somme of money / shulde haue power to chuse them an able ghostly father / that shulde assoyle them as well of the offences done after the pardon graunted as be­fore: and also of the payne for the same. And somtyme such perdons haue ben graunted for drinkynge of suche a cuppe or suche a bolle [Page] or for offrynge to suche an ymage / or for some other lyke small consy­derations / & what abusyons these haue ben / & howe dyrectly against the intent of the graunte it is ap­parant. And it is apperāt also that if the successours of Peter shulde onely haue power to graunt suche pardon / & that onely for offences done before the graunte / that than that graunte shulde delyuer but fewe from payne for their synnes: in comparison of the multytude of christen people: for euery penytent maye nat incontynent after his re­pentance go to Rome fro so farre countreys & aske pardon there for their offences passed. And therfore it semeth that our lorde whiche is all goodnesse / wolde nat make a graūt that shuld serue to so lytel a purpose as that shulde do / but that it shulde streche more at large a­monge [Page] the people / wherfore as I suppose the seyd graūt shal stretch aswell to the successours of all the apostles & discyples: that is to say aswell to all bysshops & prestes as to the bysshops of Rome / & that ye shall nat take my wordes in this behalf / as thīges clerely vnwarē ­ted by any auctorite or example of the gospell. I shall shewe you a playne example of y^e gospell / whi­che as it shuld seme by y^e outward wordes of the gospell shuld stretch only to the apostles & their succes­sours. & that yet all prestes haue auctorite therby. And that is vpō the institucion of y^e sacrament of y^e aulter: for it appereth. Mat. xxvi. that o^r lorde made his maūdye w^t his .xii. discyples / wherby as it se­meth / is to be vnderstand only his xii. apostles. For Luc. 22. it is sayd exp̄sly y^t he sate downe to supꝑ w^t his .xii. apostles / wherat he instituted [Page] the gloriouse sacramēt / & sayde to thē: Take ye this & ete it / this is my body that is gyuē for you / ma­ke ye this in remēbrance of me / & if by these wordes: make ye this in remēbrance of me: none shuld ha­ue power to consecrate but only y^e apostels & their successors / which most ꝓperly be takē to be bisshopꝭ than shuld al inferyor prestes whiche be comenly taken to be succes­sors to the .lxxii. discyples haue no power to consecrate. & yet the co­men experyence sheweth y^t all pre­stes do cōsecrate. And they do wel therin / for they be prestes aswel as the apostels were. & so it is cōuenyētly to be taken / y^e thītent of o^r maister christ was y^t all prestes shulde do it. & why thā shal it nat be takē to be his entente y^t he wolde / that what soeuer any preest losed vpon erth / shuld be losed ī heuē aswel as [Page] any bisshop: rather than that they shuld consecrate: for these wordes seme as wel to be spoken to the discyples as to y^e apostles / as apꝑith Mat. xvi. before rehersed. And if any man wyll pretende that there be other auctorities for graūtyng of pardons than these that I haue before rehersed / or that wyl pretēd that bysshops onely haue that po­wer & noon but they / & y^t they may aswell graunt ꝑdon before the of­fence to put awaye the payne for y^e sine that shalbe cōmytted after the graūt aswell as before: It wyl be well done that his reasons be herd in the ꝑlyament. And if his reasō and the prouf thervpon seme suffycyent / than to folowe it: And if nat I thynke verily that the ꝑlyament is bounde in conscyēce to cōmaūde all preestes to erecute that power frely fro henseforth to the ease and [Page] conforte of all the people without takynge any thynge for it: and I dare say further in this mater that suche preachers as haue in tyme past instructed the people / that the bysshop of Rome shulde haue po­wer to graunt such perdons by the vertue of the superhabundance of the meryttes of Christes passyon / and of the meryttes of martyrs & sayntes in heuen / wherefore they deserued rewardes aboue theire offences / haue nat instructed the people truly therin: for there is nat a saynte in heuen / but that he hath through the mercye of oure lorde / more rewarde in heuen / than euer he deserued of hīselfe: & if percase any such superhabundance of me­rytes of Sayntes remayned / yet the bysshops of Rome had neuer power to distribute those merytes by waye of pardon to none other: [Page] For our lorde neuer gaue such po­wer vnto them / ne yet to distrybu­te by waye of pardons the mery­tes of his passyon.

WHere ye write vnto me / that there is a sayeng in your coū trey / that there shulde be som here about the cytie / that shulde doute whether restitucyon be necessarye to saluatyon: wherefore ye desyre me to write to you somwhat of my mynde concernynge restitucyon. I thinke verily that as a man is prohybyte that he shall do no theft wherin is conteyned that he shall nat take his neyghbours goodes wrongfully / that by the same com­maundement he is prohybyte to retaygne theym wrongfully / and [Page] that if he haue suffycient to restore and knoweth also to whom resty­tucyon shulde be made / that he is bounden vpon payne of brekynge of the sayde commaundement / to make restitucyon. And further­more omyttynge the diffynycyons of doctours vpon restitucyons / that is to say: to whom / by whom what tyme / and vnder what ma­ner restitucyons shuld be made v­pon the lawes Cyuyll and Canon whereof many doctoures haue in tyme past treated at great length. I wyll somwhat speke of restytu­cyons vpon cases concernynge the lawes of the realme / to gyue spi­rytuall men and other that be nat lerned in the lawes of the realme / courage to haue more knowlege of them hereafter / than they haue hadde in tyme paste: for in many cases it canne natte be knowen [Page] without them: where restitucyon ought to be made and where nat.

Fyrst if a man haue issue / two sonnes one before espousels / and another after and dyeseased of cer­tayne lādes in fee: & after his deth his sonne borne before espousellꝭ / entreth as heyre / & taketh the pro­fytes / he is bounden in this case to make restitucyō to his yonger brother of the lande & also of the pro­fytes. For the yonger brother after the lawes of the realme is heyre. But if y^e elder brother in that case dyeseased / & his heyre entre: that heyre is nat bounde to make anye restitucyon. For by the olde groū des of the law / the yonger brother in that case by his laches / for that he wolde nat entre in his brothers lyfe / hath loste his lande for euer. But that is to be vnderstād / wher the brethren besōnes to one womā [Page] And also wher the lande is fee simple / & in both the seyde cases the elder brother after the lawe canon is heyre / and shall enheryte.

If a man haue landes in fee symple by discent fro his father / & dye without yssue of his bodye / & haue no heyre on the parte of his father / wherfore the nexte heyre of the parte of his mother pretendīg to be his nexte heyre / entreth & ta­keth the profites / that heyre is boū den to make restitucyon to y^e lorde of whom the lande is holden: for the lorde oughte to haue it by the lawe as his eschete. But if a man purchase landes in fee / & dye with out heyre of his body / thā for lack of heyres of the parte of his father the heyres of the parte of his mo­ther / shall haue the lande and nat the lorde by eschete.

If a man haue landes in fee by [Page] dyscent tro his mother / and he maketh a feoffament therof. &c. And feoffe maketh a lease for terme of lyfe to a stranger y^e remaindre ī the fee to him agayne and to his hey­res. And after he dyeth withoute heyre of his body / in this case the heyres of the parte of hys father shall haue the lande. And if the remayndre in that case were that it shuld go to him and to his heyres of the parte of his mother / yet the remayndre shuld go to his heyres of the parte of his father: for those wordes of the parte of his mother be voyde in y^e lawe / as they shulde be if a man wold infeoffe another to haue to him and to his heyres of the parte of his mother: for the heyres of the parte of his father natwithstāding those wordes shal haue the lande / and therefore in both the seyde cases: if the heyres [Page] of the ꝑte of y^e mother entre īto the lāde / they be boūdē to restore it to the heyres of the ꝑte of the father.

If a man that hath landes in fee by dyscent fro his mother / dyesea­sed / & the landꝭ discende to his son & heyre: and that son & heyre dyeth without heyre of his body in this case / the heyres of the parte of his graundmother shall haue the lāde

And if either y^e heyres of the part of the father or y^e heyres of the ꝑte of his mother entre / they be boūdē to make restitucyon to the heyres of the parte of his graundmother.

A man hath two sonnes by seue­rall wyfes / the one son purchaseth landes to him & to his heyres / and dieth without heyre of his body: if his brother in this case entre as heyre / he is boūde to restore it to hī or her y^t is heyre to his brother on his fathers syde: for the grounde [Page] of the lawe is / that one of the halfe blode shall neuer be heyre to him that he is but of y^e half blode vnto.

Also if a man holde .ii. houses of two seuerall lordes by heryote custome / wher the custome is that no heryote shall be payed but of quycke catell: & he hath no quycke catell but one horse & dyeth / one of the lordes seaseth the horse. & after the other Lorde fyndeth the same horse / & seaseth him as his heryote in this case he his bound to restore the horse to the lorde that fyrst sea­sed him: for by that fyrst seasynge he hath by the lawe of the realme right to the horse / & the other hath lost his herriot for that tyme. And the same lawe is / if a mā holde .ii. acres of lande of .ii. seuerall lordꝭ by knyghtes seruyce / & by owelty of feffemēt & dyeth / his heyre with in age in this case that lorde that [Page] fyrst seaseth the body hath rizt to it

If a man holde an acre of lāde of one mā by knyghtes seruyce by prioritye / & an other acre of lande of another man by knyghtes ser­uyce by posteryoritye & dyeth seased his heyre beynge within age / and the lorde of whom the lande is holden by posteryoritye / sea­seth the body of y^e said infaunte as his warde. In this case he is boū ­den to restore it to the lorde by pri­oritye: for by the lawe the ward­ship of the body belongeth to him / excepte y^t the same auncestre holde any lāde of the kyng by knyghtes seruyces: for if he dyd the kynge shall haue the prefermente of the body by his prerogatyue whether the lande were holden of hym by prioritye or posteryorite: in cheyfe or as an eschete.

If there be two ioynt tenaūtes [Page] of a wode / & the one of thē selleth al the wode / & taketh y^e money to his owne vse: in this case he is boūdē to restore the half of that money to the other ioynttenaūt: for though the law gyue no remedy to y^e other ioynttenaūt for it: yet it warēteth nat him y^t hath the money / that he maye with conscyence retayne it.

If one ioynttenaunt take all y^e gresse and frutes to his owne vse / where els they shuld haue ben lost for laches of y^e other: there he is nat bounde to restore any parte: but if his felowe wolde haue taken his parte / & the other wold nat suffre hī / than he is bounde to restore hī his ꝑte. And so it is / if one ioynte tenaunt or tenaūt in comon / sowe the one half of the errable groūde & leueth the other halfe for his fe­lowe / & whan the corne is ripe / his felowe taketh halfe of the corne / pretendynge that the halfe is his [Page] through all. In this case he is boū de to restore the whole to him that sewe the groūde. &c.

If a womā haue goodꝭ ꝑsonall and also reall / as a lease for terme of yeres: a wardship or such other and after she taketh a husbande / & he dyeth after whose deth his exe­cutours taketh al the sayd chatels / aswell reall as parsonall / in this case the executoures be bounde to restore y^e wyfe of the chatels reall: but nat of the chatels personall / nor no parte of them / her necessary werynge apparell onely excepted.

A man hath a maner / whereto comen is appēdaunt. And also an aduouson / and he of his mere mo­tyon maketh a feoffamēt of y^e sayd maner / & putteth nat ī these wordꝭ cum ꝑrinēciis. &c. the feoffe occupieth the comen. And also whā the aduouson falleth void he presēteth [Page] to the aduouson: in this case he is boūde to restore the feoffer for the aduouson. But the comen he may lawfully occupye styll. &c.

If the sonne be attaynted of fe­lonye in the lyfe of the father / and after hath the kynges chartoure of pardon. &c. and than his father dyeth / seased of lande in fee symple and the sōne so attaynted / entreth as heyre: In this case he is boūde to restore the lande to the lorde of whome the lande is holden: For though he haue his chartoure of pardon / yet his blode is so corrput by y^e attayndour / that he may nat be heyre to anye man: And if the landes be entayled / he is bounde to let the kynge haue them during his owne lyfe. And than after his deth / the heyres of his bodye shall haue the landes accordynge to the fyrst gyfte. &c.

[Page]If an infant make a couenaūt to gyue one for his meate & drinke for suche a certayne tyme / a horse / and whan he hath ben with him accordynge / he gyueth him the horse And also he selleth him another horse for a certayn some of money ī this case he is boūdē to restore the last horse to the infant agayne / but nat the horse that he had for hys meate and drinke. &c.

An infant of the age of .xx. yeres hauyng suffycient reason to ordre him selfe and his goodes / selleth a maner / & with the money thereof bieth another maner that is of better value & more profytable to him than the fyrst was / and after he en­treth into the fyrst maner / bycause he was within age at the tyme of the sale: in that case he is bounde to restore the money that he recey­ued for the fyrst maner / excepte the [Page] ꝑfites y^t the byer receyued of y^e sāe maner in y^e meane tyme / but y^e ma­ner he is nat boūd to restore / for he hath rizt to it by y^e law of y^e realm.

A man maketh a feoffement in fee to another vpō condicyon that the feoffe shall nat alyen the lande to none other ꝑsone. And if he do y^t it shalbe lauful for y^e feoffour & his heyres to reentre / & after the feoffe alyeneth the lande contrary to his condicyon & the feoffoure entreth: in this case the feoffour is bounde to restore the lande to the alyene. And the reason is bycause the seyd condicyon is voyde in the lawe.

A tenaunt for terme of lyfe doth waste: in this case he is bounde in conscience to restore him in the re­uercyon of the value of the thynge wasted / immedyately after y^e wast done. But of y^e treble damages n [...] of y^e lyeu wasted he is nat boūd to [Page] make restitue. tyll it be recouered agaīst hī by the law of the realme.

If a man dissease another & dye seased & his heyre ētreth / that heyre and all his heyres after hī knowīg the wronge / be boūd to restore the lande to the disseysye & his heyres and no prescription ne contynuāce of long possession can helpe in this

If a man dissease another (case, & dye seased & his heyre entreth as in y^e case before remēbred & after y^e disseasye dyeth without heyre ge­nerall or specyall: in this case the heyres of the disseasour is discharged of any restituciō as for the rizt of y^e lande to any ꝑson: for there is none that can clayme that right as heyre to him that the wronge was done vnto: and the lorde of whō the lande was holden can nat ha­ue it by eschete / for the grounde of the lawe is / that lande shall nat [Page] eschete where the lorde hathe a te­naunt / vpon whom he shalbe com­pelled to auowe / and therfore the right in this case shall extyncte to the tenaunte: and also in some ca­se a man maye haue right to lande and a tytle of entre also: and yet if he dye without heyre the tenaunte shall nat be bounde to make resti­tucyon to the lorde by way of eschete: as if an infant be disseased / and the disseasour dyeth seased / so that the lande descendeth to his heyre / & after the infant dieth without hey­re general or specyall: in this case the heyre of the disseasoure is nat bounde to restore the lande to the lorde by waye of eschete: & yet the infant might haue entred. And the dyuersyttes of these cases and of manye other lyke / depende onely vpon the groundes & maxismes of the lawes of the realme / & therfore [Page] if they be natte knowen / the right can natte be knowen. But than in what maner a man that hath go­des or landes wrongefully in any maner / & knoweth nat to whō he ought to make restitucyon / shall ordre him selfe for discharge of his conscyence haue ben dyuers opinyons / some men haue thoughte in tyme past / that if the party so boū den to restitucyon / opteyned a dis­pensacyō fro Rome / that some porcyon therof shulde be dysposed in suche wyse / as it shulde be therein assygned that it shulde suffyce: & I thynke that no lesse porcyon than the whole coulde neuer haue suffyced: But if a man accordynge to suche dispensacyon dysposed the whole value in suche vse as the dispensacyon lymyted: I thynke it suffyced if the partye that shulde restore / thought the vse lymited in [Page] the dyspensacyon so charytable / that he thought his conscyēce was thereby dyscharged. But if he thought a nother vse more charitable he might / & yet may dyspose it accordingly if he wyll / and let the dyspensacyon alone: And yet the people haue ben brought in belefe that in suche case restitucyon must of necessytie be made by auctory­tye of suche a dyspensacyon / orels at the lest by counsell of his ghost­ly father. And if it be so done / I wyll nat saye but that it is righte well done / so that the counsell sa­tysfye the conscyence of him that shall do it: But if they gyue counsell that suche goodes shall be dys­posed in such maner / that after the conscience of him that must restore is nat most charytable / as for syn­gynge of trentalles / kepynge of o­byttes [Page] / fyndyng of scolers / or such other. And he therfore that muste restore refuse that counsell / and dispose it to suche vse as his consciēce serueth him beste to: as percase to releue poore men in extreme neces­sytie: to make high wayes / or such other lyke. I thynke he taketh the better waye / and that he is therby clerely dyscharged in conscyence. Howe be it if he take to hī some of the clergye or some laye men in whose conscyence he hathe good trust to gyue him counsell therin: I thynke he dothe the better / but that he shulde be enforced of neces­sytie either to dyspose it only after as suche dyspensacyon fro Rome haue apoīted in tyme past / or elles as some spyrituall counsell shulde appoynte and in non other maner [Page] there is no cause ne assured groūd why it shulde be so. And I haue shewed you my conseyte in these maters before rehersed / to none o­ther intent / but that I wold gyue you occasyon to helpe / if ye coulde to haue such maters ordered / here after in suche maner / as shall be thought most to y^e pleasure of god and to the helth of the soules of the people / al couetyce & syngularytie layd aparte. For surely right gret parcyalytie hath ben sene in suche maters in tyme past: but yet there be some cases wherin many men and that such men as haue ben no­tably lerned haue douted in / whe­ther restitucyon shulde be made to the partye that ought it or nat: as in case that a man wyn money by vsury / or at dyse or cardes / or such other vnlaufull games / whether restitucyon oughte to be made in [Page] such cases to the partye selfe or nat bycause he was partye to the same offence / & many haue thought nay but y^t it must be dysposed in some other good charytable vse. And I can right well agree to their opy­nyon therin: But I thynke verily that if a man wyn money of ano­ther by false dyse or other falshed / that he is boūde in that case to re­store it to the partye selfe: for the partye shall in that case haue an accyon at the kinges lawes vpō that falshed and recouer his damages.

And furthermore I wyll shewe some cases where the lawes of the realme / & the lawes which the clergye do oft folowe in restitucyons: do varye / whereby euery mā may lyghtely coniecture / that there be many moo that they varye in: if they were wel & dilygētly serched.

Fyrst if a man bye a thyng in opē [Page] market he is nat bounden after the lawes of the realme to restore it a­gaine / onlesse y^t he know at y^e time of the bargeyne that he that solde it had no right in the goodes. And yet after the seyde other lawes he is bounden to restore it if he come to the knowlege after who is the very owner. And that he may nat without dedly synne holde that is bought. And that is nat so in this realme. Also if a man bye landes with the churches moneye in his owne name / and to his owne vse / the landes after the lawes of the realme be his. And he is nat boūd to restore the landes to the churche but the money only. And yet after the lawe Canon / the lande in that case is the churches landes bycau­se it is boughte with the churches money. and therfore the lawes concernynge restytucyons wolde be [Page] sene and be dryuen for clerenesse of conscyence to a more nerer certayntie than they be yet. And thus I haue shewed you somewhat of my conceyte concernynge restitucyon to gyue other that shall se this let­ter occasyō to treate further of that mater herafter. And now wyll I somwhat speke of the declarynge of Scrypture.

THis questyon is of so gret difficulty that I shal desyre you to holde me excused though I fully satisfy nat your mynd therin for surely I wyl protest that it passeth my power to speke in the ma­ter as were necessarye to be spo­ken / for there be fewe maters as I [Page] take it that moore requyreth to be playnely touched & declared than that doth: ne that wolde do more good nowe in this daungerouse tyme / than that wold do / if it were set in a clere & in an vpright way: howbeit I consyder with all / that if I sayde nothyng to it / ye wolde somewhat merueyl why I did nat answere to that questyon / as well as to the other contayned in your letter. Therefore to gyue you and other that shall happen to see this letter / occasyon to treate moore groūdly & more throughly of this mater herafter than I do: I shall with good wyl say somwhat to it. Fyrst it is to be vnderstande that there be some textes of scrypture that be so opē & playne in them sel­ues that euery man is bounde to gyue full credence vnto them: for the lytterall sence is the playne ex­posytion [Page] in it selfe: As whan it is sayde / Mat. primo. This is the booke of the generacyon of Iesu Christ / sonne of Dauid / sonne of Abraham: Abraham forsoth begat Isaac. &c. And who maye make any exposition vpon these wordes but that it must nedes be graunted that Iesu Christ was the sonne of Dauyd / sonne of Abraham. And that Abraham begat Isaac: But he speke directly agaynst the wor­des of the gospell: in somoche that if all the clerkes of y^e worlde wold make any exposytion to the contrarye therof: no man were bounden to beleue them. And they for that exposytion were worthy to be dis­seuered fro the company of al faith full people: for the lytterall sence is so playne agaynst them / wherin the holyghost is alwaye the very auctour & speker: that they shulde [Page] be without all excuses / for he that resysteth Scrypture / resysteth the holy ghost. And so it is vpon this gospell: Missus est angelus. &c. An angell was sent fro god into a cytie of Galylye that had to name Nazareth / to a vyrgin espoused to a man called Ioseph of the house of Dauyd. And the name of the vyrgin was Marye. And who maye saye therfore that the angell was nat sent fro god to the vyrgī Mary / or that she was nat espou­sed to Ioseph / or that Ioseph was nat of the house of Dauyd: but he playnly denyed the texte: for the texte is so playne in it selfe that it nedeth therein no declaracyon.

And so it is in the moost parte of all the Scrypture / both of the old testament and new. But yet there be some other textes in Scryptu­re whiche be nat so euydente and [Page] playne / as those and manye other be / and yet if they be truly vnder­stande / accordynge to the mynde of the maker / that is to say / of our maister Christe / the lytterall sence of them is as true as the other that be moste playne / as it is of thys texte. Mat. vi. Ego dico vobis non iurare omnino: I say to you swere nat for euery cause / neyther by heuen / for it is the Throne of god: nor by the erthe / for it is the seate for his fete: neyther by Hie­rusalem / for it is the Cytie of the greate kynge / nor by thy heedde thou shalt nat swere: for thou canst nat make one here whyte or blacke Let these be youre wordes: It is it is / it is natte / it is nat. Forsoth whatsoeuer is more thā this / it is of euyl. Thus farre goth the sayd text of Mat. vi. before rehersed / & [Page] Also of this texte that is Mar. xvi

He that beleueth and is baptysed shalbe safe. And therfore he that bi reason of the seyd fyrst text Mat. v. wolde thinke it were nat lauful to him to swere in any case / were foule disceiued: for ī such coūtreis wher othes haue bē vsed for tryall of the trouth / euery man is boūde to swere accordynge to the lawes: for the tryall of the trouth / for els iustyce shulde many tymes perissh And in lykewise if any man by re­son of the seyd other text. Mat. xvi wolde say that if a man byleued & were baptysed / that he shulde be saued though he dyd no good workes / where he had tyme conuenyēt after his baptysme to haue done them / he were also farre disceyued wherfore it wer good for him that wer in dout in those cases or other lyke / as be concernynge scrypture [Page] to aske counsell of some of the cler­gye that as he thynketh be suffycy­ently lerned in scrypture / lyke as it is conuenyent in doutes of Phy­syke to aske counsell of doctoures of Phisyke / or in doutes of the tē ­porall law to aske counsell of them that be lerned in the temporal law And if he in any dout of scrypture aske counsell of such clerkes as he thynketh be suffycyently lerned in scrypture / & they instruct hī other wyse than the true vnderstādynge of the scrypture is / yet that suffy­ceth for him / so it be nat dyrectly agaynst the lawe of reason: for that all men are bounden to knowe.

But syth they of the clergye haue auctorite by the gospell to preache the gospell / they ar more bounden to knowe the gospell thā any other But than there be some other text­tes in the scrypture that concerne [Page] the auctoritie / power / iurisdiction and rychesse of bysshops & prestes as it is vpō these textꝭ: Quodcū (que) liga [...]eris. &c. Tu es Petrꝰ et suꝑ hanc Pet [...]am. &c. Tibi dabo cla­ues. &c. Mat. xvi. Quodcū (que) ligaueritis. &c. Mat. xviii. Dic ecctie. Mat. xviii. Ecce duo gladii hic. Luc. xxii. &c. Oraui ꝑte Petre vt non deficiat fides tua: et in aliqū cōuersus. &c. Luc. xxii. Pasce oues meas. Io. xxi. Predicate euāgelm oī creature. Mar, vltio Nolite possidere au (rum) ne (que) argētū. Mat x. &c. Qui nōrenūcrauerit possidet oīaq̄ nō potest meꝰ esse discipulꝰ. luc. 14. sicut misit me pr̄ & ego mitto vos Io. xxi. Quo (rum) remiseritis peta. &c. Io. xx. habētes alimēta & quibꝰ tegamur. &c. i. Timo. vi. Nolite tāgere christos meos. ps. 44. And many other which I here omit. & if a mā were in dout vpō these tex­tes [Page] / what power iurisdiction pos­sessiōs or lyberte y^e clergy ought to haue by the seyd textꝭ: or whether such actꝭ & lawꝭ as haue bē made bī princes & their people concernyng suche thynges were to be obeyd: or suche other lyke, Many men thynke that it were natte the most surest way to aske coūsell therin of the lerned mē in the clergi / onles it were of some sīguler elect mē that through speciall grace / haue seq̄ ­stred their myndꝭ fro y^e loue of all worldly honour & riches: for the affectiō to such worldli pleasures haue blynded y^e iugemēt of many of thē so soreꝭ y^t they haue thought / y^e the mayntenaunce of the honour of the clergye hath ben a maynte­naunce of the honour of god. And so as it were vnder a pretence to maynteyne the honour of god ha­ue dyspleased god & maynteyned [Page] their owne honour & rychesse / far­ther than the seyde textes / or anye other parte of scrypture wyll warrant them to do. This hathe ben sene in some of the clergye / but I truste it be nat so in all / neuerthe­lesse to speke somewhat further of this mater. I thynke that if anye doute ryse vpon any text of scryp­ture / be it playne or nat playne concernyng the fayth or morall lyuīg of the people or nat: orels the ho­nour / lyberty / & ryches of the cler­gye / or any other thyng whatsoe­uer it be. if there fall any varyāce or vnquyetnesse thervpon amōge the people: as if one doctoure or many / & some of the lay people be of one opinyon therin: & other of a nother opinyon / & thervpon dy­uersyties of opinyons & vnquyet­nesse amonge the people doo ryse / that in all these cases / kynges and [Page] princes shalbe iudges / & haue po­wer to pacyfye all suche vnquyet­nesse. For it appereth Psal. ii. that it is said thus to kynges & princes O ye kynges / vnderstande ye: be ye lerned that iudge the worlde. And if it be sayd that by those wordes / Iuge the worlde / that kinges and princes must iuge onely vpon temporall thynges: as vpon the bodyes / landes & goodes. And nat vpon any thyng that apperteineth to the soule: trewly that is a right great erroure / for it wolde bringe the people in belefe / that the successours of the apostles & discyples of Christ haue only cure of soules & nat kynges & princes. And that is nat so: for it is no dout / but if a prince suffre his people wylfully breke the lawes of god / or the la­wes of his realme and se them nat corrected accordyng to his lawes [Page] but that he offendeth god rizt highly thereby as euery man shall do / that willyngly & wylfully suffreth his seruants breke the law of god without correctyon / whan he may well correcte them: and ouer that no man can denye but that euery man is boūde to procure the ghostly helth of his neyghbour by coū seylyng & good example gyuynge to his power as it is writtē. Eccl. xvii. God hath gyuen a cōmaūde­ment to euery man vpon his ney­bour: and syth euery man hathe a charge of his neyghbour / it must nedes folowe that a kynge hath a more speciall charge ouer his sub­iectes: & y^t he is specyally boundē to prohibyt all thinges as nigh as he can wherby his subiectes spirytuall or temporall might haue oc­casion to breke the lawes of god: & the charge of the clergy is to my­nister [Page] the sacramētes to the people and to preche & teche them howe to please god & kepe his cōmaūdemē tes: & if they be neglygent & do nat so / kynges & princes ar boūden to cōmaūde them to do it. And if they gyue the people euyll exāple / prin­ces ar boūde to make thē leue it: let euery mā therfore iuge whether a­ny curate may truly say: the kyng hath only cure of the bodyes of my parysshens / but I of their soules: for it is no dout but that kynges & princes haue cure and charge ouer both / & that nat only ouer y^e soules of laye mē: but also of the soules of bysshops & prestes: & therfore such vayne sayengꝭ wolde be prohibyt / for they nourisshe & engendre gret pride / and for a further prouf that prīces may pacify all maner of vn­qⁱetnes y^t may rise amōg their peo­ple by any maner of occasiō spūall [Page] or temporall. It is sayde Exo. vi. a wyse kynge is the stablenesse of his people: wherof it foloweth / y^t if the vnstablenesse come by occasy­on of any exposycion of scrypture / be it by doctours / prechers / or any other / that kynges haue power to stable thē. And of that it foloweth also that if any man wyll preache in such maner that it is lyke to make vnquietnesse among the people that the prince maye prohybit him of that prechyng: for he that hath auctoritie to remoue an vnquyet­nesse present: hath auctorite to preuent occasions wherby such vnquietnesse might happen to folow af­ter amonge his subiectes. Fur­thermore / all men agree that the catholyque churche maye expounde scrypture: & if the clergy can pro­ue that they be the catholyke chur­che / than it belōgeth to them to ex­pounde [Page] it. But if the emperours / kynges & princes / with their peo­ple / aswell of the clergye as of the lay fee make the catholique church and the clergye but a parte of that church: than may the emperoure / kynges & prīces with their people expounde it. But for as moche as the vnyuersall catholique / people can nat be gathered togyther to make suche exposycion / therfore it semeth that kynges & princes whō the people haue chosen & agreed to be their rulers & gouernours / and which haue the whole voyces of y^e people / maye with theire counsell spirytuall & temporall make expo­sycyon of such scripture as is doutfull / so as they shall thynke to be the true vnderstandyng of it / and none but they / & that theire subie­ctes be bounden euen by the lawe of god to folowe their exposycion [Page] for the goodnesse of oure lorde is suche that he wyll nat leue his people in suche doutes but that they maye haue some meanes whereby they maye come to the knowlege of the trouth so as shalbe necessa­rye to their saluatyon if they wyll dyspose them to it / and that is by obedyence to their princes whom god hathe appoynted to haue rule ouer them / as is afore sayde. And here it is to be noted / that there be two maner of powers that kyn­ges and princes haue ouer theire subiectes: The one is called / Ius regale / that is to saye a kyngely gouernaunce: And he that hathe that power maye with his coun­sell make lawes to bynde his sub­iectes / and also make declaration of Scypture for the good order of his subiectes / as nede shall re­quyre / for appeasyng of varyance. [Page] The other is called / Ius regale politicum / that is to saye a kyng­lye and a polytyke gouernaunce. And that is the most noble power that any prince hath ouer his sub­iectes / and he that ruleth by that power / maye make no Lawe to bynde his subiectes without their assent / but by their assent he maye so that the lawes that he maketh be nat agaynste the lawe of God / nor the lawe of reason: And this power hathe the kynges grace in this Realme: where he by assente of his lordes spirytuall and tem­perall: and of his commons ga­thered togyther by his commaun­dement in his parlyamente maye make lawes to bynde the people And of those lawꝭ there nedeth no ꝓclamation / bicause they be made by all the people / for the ꝑliament [Page] so gathered togyther / the people representeth the estate of al the people within this realme / that is to say of the whole catholyque chur­che therof. And why shuld nat the parlyament than whiche represen­teth the whole catholyke churche of Englande expounde scrypture rather than the conuocacyon whi­che representeth onely the state of the clergy: & ouer that me thīketh that no mā ought to pretende that at a generall counsell anye other shulde be iuges but kynges & princes & suche as they wyll appoynte vnder them to bere voyces therin: seynge that they haue the power & voyce of the whole people of chri­stendom / which is the catholyque churche as is sayde before: and I thynke verily that generall coun­sels shall do lytell good tyll christē princes wyl knowe their owne power [Page] & the auctorite that they haue receyued of god ouer his people / and that they set the clergy in such power as they ought to haue by y^e lawe of god without diminisshīg of it in any maner: & to se also that they haue no more but as shall be thoughte expedyent for the comenwelth / & also for the helth of their owne soules & of the people. And surely it is greatly to be douted / that the power that bysshoppes of Rome haue claymed in tyme past ouer princes & other bysshoppes / haue ben a great occasyon of the desolacyon of manye countreys that nowe be estemed amonge vs latyns as scismatykes & desperate persones. And therfore it is good that the Emperour and all christē kynges & princes & the clergy also loke wel vpon the matter and to se whether the seyd countreyes were [Page] nat most prīcypally estemed as he­retykes & scysmatykꝭ bycause they wēt fro the obediēce of Rome / thā for any other cause: & whether ther was such dilygence charitie & me­kenesse shewed to haue thē refor­med as ought to haue ben shewed: or y^t they were extremely or happely / maliciously hādled by excomu­nycatyons & interdictions as men vnworthy the confort of christꝭ passiō y^t so wold fall fro y^e obediēce of the heed of Christes church: And yet vndoutedly the saluatyon or dampnatiō of christē men stādeth nat in that poynte / whether Rome be the hed of christes church or nat. And I meane all this that I haue said of y^e Grecyans / of the Suriās of the Iacobytꝭ / of the Nestorians wherof gret ꝑte be now in Percye which is heed enemy to the cursed turkꝭ Of y^e armins: The georgiās [Page] that be gret archers and very apte mē to the warre: Of the Abasynes otherwyse called Indyans: & of y^e Maronytꝭ & of these Maronytes: Bernard deane of y^e church of ma­gunce in his boke of his iorney to Hierusalē / writeth that y^e seyd Maronytꝭ about. v. C. yeres were he­retykꝭ seperated fro the cōpany of faythfull people: but at the last he sayth / that through the inspiracyō of god / they turned to their owne hertes: & confessīg that they had erred were nōbred agayne in y^e obe­diens of y^e church of Rome: & returned to y^e vnite of y^e catholyke fayth & that thervpon though all the bysshops of y^e Est ꝑtes & the chefe pre­lates of other nacions vse no ringꝭ miters ne bishops staues: yet saith he that these Maronites vse thē al as we do ī their diuyne seruyces & ministration of the sacramentes. [Page] And thus were they seyth he refor­med: but yet it may be douted whether they were natte reformed to more pride than they had before: and I beseche oure lorde that all christen princes through the inspyration of god may encourage thē selfe to bringe all the seyde people and vs also to the verye true obe­dyence of Christ & of his lawes / & to a true vnderstandyng / and a deuoute folowynge of his scrypture all worldly pompe: pride / & desyre of worldly honoure / specyally in the clergy / whiche ought to be the lyghte & leders of the laye people / vtterly dispysed and set a parte as­moch as in them is: & than I dout nat but that gret charytie & grace shal shortly after appere amōg the people. And than forthermore if a man be in doute vpon any thynge concernynge scrypture as is sayde [Page] before / and he hathe no counsell to instructe hym therin / or els if there be counsell / the counsell va­ryeth amonge them selfe as is said before. And princes haue no tyme yet to determyne the mater. Thā it is good that he so beyng in dout lyfte vp his herte to god / and aske counsell of him: and if he do so / vndoutedly our lorde wyll so hel­pe him and assyst him therin / that he shall nat erre / ne be disceyued: For it is written. ii. Paralip. xx. Cum ignoremus quid facere / de­beamꝰ hoc solū residui habemus vt oculi nostri ad te dirigantur.

That is to saye / Lorde / whan we be ignorant & wot nat what to do / this only remayneth to vs for our confort / that we lyft our eyen vp to the. And if we do so we may trust verily that his helpe and counsell wil neuer fayle vs / but wyll bring [Page] vs to the knowlege of that that is necessarye for vs.

TO all the shorte partyculer questions cōteined in your letter. I wyll brefely as I can make answer in this .viii. cha. And as to the fyrst of y^e sayd particuler questyons / I thinke that kynges and princes might haue prohybyt the clergy to haue ordeyned amongest thē patryarkes / cardnials / or any other degree ī the clergye but onely bysshops / prestes & deakōs.

Also if a mā had takē two bene­fyces with cure ī this realme / they both after the old groundes of the law of the realme had ben voide / & this voydance was called cessyon [Page] but in ꝓcesse of tyme lycenses wer opteyned from Rome to haue two benefices. And those lycēses by power of the clergy were iuged to be good / and so the lawe and custom of the Realme in that poynte was broken. And yet it wyll be verye harde to proue it by the lawe / that it shulde haue ben so. And neuer­thelesse by reason therof / the seyde groūde was altered to this effect / that if a man toke two benefyces without dyspensacyon fro Rome / that both benefyces shuld be voyd but if the first grounde were clere­ly reuyued & none to haue but one benefyce / it were well done: for the breking of that grounde hath done gret hurte / & than it might ther v­pon be ꝓuided that he that is more worthy shuld haue the better benefyce & no vnyon of benefyces to be made in tyme to come.

[Page]Also though the apostles & dis­cyples of Christ and theyr succes­sours had auctorite by the gospell to preche the gospell: yet that any one of them shulde haue auctorite to prohybyt another of them of prechyng / appereth nat by the gospel but in case that any take vpon him to preche & teche any thyng agaīst the catholycall faythe / to the parell and daunger of the kynges subie­ctes / and whereby scysmes and varyaunces be lyke to folowe amōge his people: suche of the clergye as knoweth it / ar bounde to enforme the kyng of it / & than he thervpon may prohibyt them of prechyng / & see them corrected as the case requireth. But if the rulers in the cler­gye / shulde haue full auctoritie to make such prohibicyons / it might be that abusiōs in the clergy shuld nat be so well touched as charytie [Page] wolde they shulde be / & that might be greate hurte & trouble to all the realme / and that the kyng and his parlyament hath auctorite to ma­ke that prohibycyon. The clergye of englāde knewe right well whā they laboured in the parlyament / that commyssyons shuld be graū ­ted to y^e sheryffes to arest prechers of heresy. Anno .ii. Rich. ii. stat. ii. Cap. vltimo.

And as to that opinyon that ye write to me of / whether the soules that be dyscessed in grace be nowe in heuē / or that they rest for a cer­tayne tyme in a place to them ap­poynted by god: tyll that the tyme of the generail resurrectyon shall come / so that the bodye & the soule may be ioyned togyther / and than they both togyther to go to heuen and haue the fruycyon of the god­heed & nat before. Verily I haue [Page] herde but lytell spekynge thereof many a daye. For scrypture is so playne therin / And is nowe so well knowen to many by the reasō that it is come in to the Englysshe tonge / that dyuers that haue dou­ted therin in tymes past / be nowe contented and holde theire pease. And parte of the textes that haue somewhat stablysshed thē therin / I shall brefely recyte. One texte is Psal. C.xxvi. where it is sayde:

Cum dederit dilectis suis som­num ecce hereditas domini: filii merces: fructus ventris. That is whan our lorde hath gyuen to his beloued / slepe: lo the inherytance of oure lorde / the rewarde of the sonne / and the frute of the wom­be: whiche is thus moche to saye: That whan oure lorde hath taken a ryghtwyse man / nat bounde to anye synne / ne to anye payne for [Page] synne / by the slepe of naturall deth that forthwith cometh the enhery­taunce of god / the rewarde of the sonne of god: That is to saye / the eternall glorie of heuen. And the frute of the wombe / which is christ Another texte is this: oure lorde sayde to his discyples. Ioh. xiii. If I go fro you / and prepayre to you a place / I wyll come agayne and take you to my selfe / That where I am / you shalbe. And so syth he is in heuen / it muste nedes folow that they be there with him.

And also he sayde. Iohannis xvii. Father / those that thou hast gyuen to me / I wyll / that where I am / that they shall be with me that they shall see my clerenesse whiche thou haste gyuen me.

And also it appereth Apocalip­sis .xiiii. That Saynte Iohan [Page] sawe a Lambe standynge on the mounte of Syon / and with him a hundreth and .xliiii. M. hauyng his name & the name of his father / written in their foreheeddes: and they sang as it had bē a newe song before the sete / and before the .iiii. bestes & seygnyours / that no man coulde saye but those .C.xliiii. M that were bought fro the erth. And in that he saith y^t they wer bought fro the erthe / it appereth that they were the soules of thē whiche had lyued before in erth / whiche saynt Iohan sawe en vysyon standynge before god. And it can nat be takē that they were there in bodye and soule / but in soule only. It appe­reth also in the gospell that Lazar was in the bosome of Abraham.

And it is no doute but that the bo­dye of Abraham that tyme slepte. By these textes and dyuers other [Page] nat here rehersed / that matter is well appesed / so that I wolde nat haue written to you anye thynge therin / but that ye desyred me in your letter so to do.

Also there be some here aboute the cytie that thynke that they that endeuour them selfe to withdraw the mindes of the people somwhat fro the inordynate goynge on pil­grymages / prayeng to sayntes / & worshippynge of them: And fro worshippynge of ymages and re­lyques: & styrre theym to set theyr myndes and their deuocion / holly and fully in Christ our sauyour / of whom all goodnesse cometh in he­uen and in erth / do more to mayn­teyne the true honour to our lady and to other sayntes / thā they that endeuour them selfe to maynteyne such thynges after the old fashion [Page] all that they can: for sayntes wold haue no honour gyuen to them / ne any trust put in them: but it were princypally for Christe and to his honoure. And they saye also that no man may with clere conscyence moue the people to contynue suche thinges after the olde maner. But they moue theym lykewyse to be well ware of suche parelles and daungers / as they maye lyghte­lye fall in to by occasyon thereof: but they take good hede. And I thynke verily that it is euen true as they saye in that behalfe.

Also it is true that ther be right manye here aboute the Cytie as well of the clergye / as of the com­men people / that thynke that some doctours that haue written vpon Scrypture in tyme past / haue in thynges concernynge the honoure power / lybertye / and rychesse of [Page] the Clergye extēded Scrypture / verye farre ī fauour of the clergy: But vpon all places of Scryptu­re that concerne the faythe and the morall lyuynge of the people: they thynke the doctoures haue taken the true sence of it / and veryly I suppose it is euen as they saye.

And I thynke further that it were right expedyent that it shulde be ofte declared and made manyfest to the people / that Scrypture is the thinge that is of hyghest auctorytie in the churche of god / and that it is alwaye trewe and maye neuer be denyed / & that the more it is knowen and loued / the more goodnesse shall folowe of it: for it is the foūdacion of the church: the shelde of the world: the subuersiō of the fende / the ladder to paradice and the very true fode of the soule and is also of more vertue & ghost­ly [Page] strength / than ar the sayengꝭ of all doctours and sayntes / where­fore blessed be they that can wel fo­lowe it: And now haue I accordīg to your desyre shewed you my conceyte to all the arty­cles cōtayned in your letter. And thus I cōmit you to oure lorde Iesu. Amen.