The fyrst Chapiter.

WHo may remembre the state of this realme nowe in these dayes, without great heuy­nes and sorow of herte? For there as in tymes past hath reygned charite, mekenes, concorde and peace reygneth nowe enuye, pryde, diuision, and stryfe: & that nat only betwene lay men and lay men, but also betwene religious and religious / and betwene preestes and relygyous, and that is yet more to be lamented, also betwene pree­stes and preestes. Whiche diuision hath ben so vniuersal / that it hath ben a great vnquietnes and a great breache of cha­ritie through all the realme: and part of it hathe rysen by reason of a great singularite / that religious ꝑsons and prestes haue hadde to theyr estate of lyuynge, [Page] whereby many of theym haue thoughte theyr estate most perfyte before al other. And some of them haue thereby exalted them selfe in theyr owne syght so hyghe, that they haue rysen into suche a goostly pryde, that they haue in maner disday­ned and dyspysed other, that haue nat lyued in suche perfection as they thynke they doo. And of this hathe folowed, that some of theym haue hadde vnsyt­tyng wordes of the other, callynge them flatterers, dissimulers, and hypocrites: And they haue called the other agayne proude persons, couetous, vayne glo­ryous, and louers of worldely delytes, and suche other.

¶And an other parte of this dyuysyon hath rysen by dyuersities of opynyons, that haue ben vpon the auctorities, po­wers, and iurisdiction of spirituall men amonge them selfe. And vpon these dy­uysions some lay men haue in tyme past fauored the one parte, and some the o­ther: whereby the people haue greately ben inquyeted. But I wote nat fully by what occasyon it is, that nowe of late the great multytude of all the laye peo­ple [Page 3] haue founde defaute, as well at pre­stes as relygyouse / so ferfurthe, that it is nowe in maner noted through all the realme / that there is a greate dyuysyon bytwene the spyritualtie and the tempo­raltie. And verylie it is great pitie that suche a noyse shulde sprynge and goo a­brode. And some alledge dyuers causes why it is so noysed. Fyrste they saye, that neyther prestes nor religious kepe nat the perfeccyon of theyr ordre to the honour of god and good example of the people, as they shulde do: but that som of them procure theyr owne honour, and call it the honour of god, and rather co­uet to haue rule ouer the people, than to profyte the people. And that some couet theyr bodyly ease and worldely welthe, in meate and drynke, and suche other / more than commenly any temporal man doeth. And that some serue god for a worldly laude, and to be magnified therfore, more than for the pure loue of god. And some laye men saye farther / that though religious men haue varied with religious / and that som prestes haue va­ryed also with religious in som pointes [Page] concernynge the preeminence of theyr perfection, as is said before: that yet in suche thynges as perteyne to the mayntenaunce of the worldely honour of the churche and of spirituall men, whiche they call the honour of god, and in such thynges as perteyn to the encrece of the riches of spiritual mē, religious or seculer, they say they agree all in one. And therfore they say, that all spiritual men, as to the multitude / be more diligent to enduce the people to suche thynges, as shall brynge riches to the churche, as to gyue money to trentals, and to founde chaunteries and obites, and to obteyne pardons, & to go vpon pylgremages / and suche other: than they be to enduce them to the payment of theyr dettes / to make restitutions for such wronges as they haue done / or to doo the werkes of mercye to theyr neyghboures, that be poore and nedye / and that somtyme be also in right extreme necessite.

¶And for as moche as it is most com­monly sene / that amonge a great multitude there be many, that worke rather vpon wyll than vpon reason, And that [Page 4] though they haue a good zele / yet many tymes they lacke good ordre and discretion, whiche is the mother of al vertue. Therfore some persons thynkynge that worldely honoure and ryches lettethe greatly deuocion, so moche that as they thynke, they canne not stande togyther, haue holden opinion, that it is not law­full to the churche to haue any possessi­ons. And some takynge a more meane waye therin, haue sayde / that as they thynke, it is lawfull and also expedient, that the churche haue possessions: but they thynke / that the great haboun­dance, that is in the churche / doth great hurt / & induceth in many of them, a loue to worldely thynges, and letteth and in maner strangleth the loue of god.

And therfore they thynke, that it were good to take awaye that is to moche / and to leue that is sufficient. And some also, as of a policie to pulle ryches fro the churche, haue inueyed ayenste all suche thynges as brynge ryches to the churche. And because great ryches haue comme to the churche for prayenge for soules in purgatorie, haue by wordes [Page] affyrmed that there is no purgatorie: And that grauntynge of pardons riseth of couetyse of the churche, and profy­teth nat the people / and that pylgrema­ges be of no effecte / and that the chur­che may make no lawes / and suche other thynges / as foundynge of chaunteries, making of brotherhedes, and many mo. Wherein they shewe outwardly to ryse agaynst all the thynges before rehersed, and to dispyse them, and yet they knowe and beleue in theyr hertes, that all these thynges be of them selfe ryght good and profytable, as they be in dede, yf they were ordered as they shulde be. And somme persones there be, that throughe grace fynde defaute onely at the abusion and mysse order of suche thynges, and speke nothyng against the thinges selfe, neither of purgatory / pylgremages / set­tynge vppe of ymages / or suche oher.

For they knowe well, they be ordeyned of god, and that the mysorder rysethe only of man for couetyse, singularitie, or some other suche lyke defaute, throughe perswasyon and dysceyte of the goostly enemye. And thoughe some men haue [Page 5] mystaken them selfe in the sayd articles, yet dyuers other haue sayd, that yf they had bene well and charitably handeled, they myghte haue benne refourmed, and paraduenture saued in bodye and in soule.

¶And vpon al these maters there is rysen a great opynyon in the people, in maner vniuersally, that in punysshyng and corrections all these persones before re­hersed shulde haue lyke punysshemente, yf spyrytuall men myght haue free liber­tye in that behalfe. And that spyrytuall men wolde, yf they coulde: as well put them to scilence / that speke ayenst the a­busyon or disordre of suche thynges, as be before rehersed / as them that speke a­yenst the thynge selfe. And many other murmours & grudges besyde these that be before rehersed, be amonge the peo­ple, mo than I can reherse now: but yet aboue all other, me thynketh that it is moost to be lamented and sorowed / that spyrytuall men / knowynge these grud­ges and murmuracions among the people, and knowynge also that many laye men haue opinion / that a great occasion [Page] therof ryseth by spyrytual men / and that they do no more to appease them ne to ordre them selfe in no other maner for the appeasynge of them, than they do.

For al that they do therin most commenly is this: they take it, that they that fynde defaute at suche abusions and dis­ordre, loue no preestes: and therfore they esteme that they doo of malyce all that they do, to distroye the churche, and to haue theyr goodes and possessions them selfe: And therfore they thynke it a good dede to se theym punysshed, so that they shall not be able to brynge theyr malyce to effecte. And therfore haue they punys­shed many persons, which moch people haue iuged them to do vpon will, and of no loue vnto the people. And though spiritual men are bound in this case, for appesyng of these opiniōs in y^e people, whiche be so daūgerous as wel to spirituall men, as to tēporall men / that many sou­les stonde in great peril therby, not one­ly to reforme them selfe, and to leue and auoyde all thynges, that gyue occasyon to the people so to offende, that maye by charitie be omytted and lefte / but also to [Page 6] fast, praye / were the heare / gyue almes, and to doo other good dedes for them selfe and for the people, cryenge conti­nually to our lorde, that these diuisions may ceasse, and that peace and concord may come agayne into the worlde: yet it appereth nat that they do so, but that they rather continue styll after the olde course, pretendynge by confederacies and worldely policies, and streyte cor­rections to rule the people, and that is greately to be lamented, and it wyll be harde for them to brynge it so about.

But yf they wolde a lyttle meken them selfe, and withdrawe suche thynges as haue brought the people into this mur­moure and grudge: they shulde anone brynge a newe lyghte of grace into the worlde, and brynge the people to per­fyte loue and obedience to theyr superi­ours. And here me thynketh I myght saye ferther in one thynge / and that is this / that as longe as spirituall rulers wyll either pretende, that theyr aucto­ritie is so hygh / and so immediatly deriued of god, that the people are bounde to obeye them / and to accepte all that [Page] they do and teache / withoute argumen­tes resistence or grudgyng ayenst them, or that they wyll pretende, that no de­faulte is in them, but in the people, and wyll yet contynue styll in the same ma­ner, and after the same worldly counte­naunce, as they do now, and haue don late tyme past: The lyght of grace that is spoken of before, wyll nat appere, but that bothe partyes shall walke in this darknes of malice and diuision, as they haue done in tyme past.

¶An other occasyon of this diuision. The seconde Chapter.

THere haue ben made in ty­mes past many good law­es by the chirch for y^e good ordre of spyrytuall men / which were right necessa­rye to be kepte to this day: whiche now be altered eyther by a lawe made to the contrarye, or by somme euylle custome brought vp and suffered agaynste them. And I shal brefly recite some of them, as [Page 7] I haue founde them wrytten by other before this tyme.

¶Fyrste there was a lawe made / that a man well approued in his werkes and doctrine shulde be made a bysshop, and nat a chylde ne a carnall man / or that is vnlerned in spyrytuall thynges.

¶Also that nothynge shulde be gyuen in any place for buryals / confession, gy­uynge of ordres / ne for any of the sacra­mentes, nor for any promocion.

¶Also that bysshoppes & prestes shuld nat be at vayn worldly sightes or pleys, ne delyte in them.

¶That it is nat laufull for a bysshoppe or preeste to be absente on the sondaye, but to be at masses, and that fastynge.

¶That no preest shulde eat flesshe from Quinquagesime to Ester.

¶That prestes shulde fast Aduent.

¶That bysshoppes and preestes, and especyally monkes and religyous / shall studye in heuenly scriptures / all lernyn­ges and practyses of litygyous thynges lefte and set aparte.

¶That the bysshop shall euery yere go aboute his dioces with great diligence, [Page] and effecte.

¶That heuenly scriptures be redde at the bysshops table.

¶That a clerke full of fowle wordes shall be put from his office.

¶That the wages of clerkes shalbe gyuen after theyr merites.

¶That preestes shal eschewe feastes at mariages.

¶That clerkes shall comme in no ta­uernes.

¶That a bysshope shall haue poore ap­parell, lodgyng, and table, and fedynge for poore men.

¶That a bysshop shal not lyghtly stri­ue for transytorie thynges.

¶That clerkes shulde rather studie, y^t theyr bretherne that varie be brought to peace, than to iudgement.

¶That a clerke shulde instructe euery man with his wordes, and to the entent that poore men shuld not be greued, that they shulde get theyr lyuyng with some handy crafte, as saynt Paule dyd.

¶That clerkes shall nat take vppon them the actes or procuracyons of secu­ler men.

[Page 8]¶That laye men shal not make clerkes theyr factoures or gouernoures vnder them.

¶That monkes after the counseylle of Calcidonence, shalbe holly entendynge to fastynges and prayers in the places where they renounced the worlde, and that they forsake not theyr monasteries for no busynes of the churche ne of the worlde.

¶That clerkꝭ that customably be play­ers at tables or hunters, shalbe prohybit of houslynge. And saynt Iohn̄ Chryso­stom vpon Mathewe the .xxi. Chapiter sayth, that as of the temple comethe out all goodnes / so of the temple al euyl procedeth. And therfore it foloweth, that if preesthode be hole, all the churche flo­ryssheth: And if it be corrupte, the fayth and vertue of the people fadeth also and falleth awaye: as if thou see a tree that hath wethered leues, thou knowest ther by that there is a defaut in the rote / soo whan thou seest the people lyue out of good ordre, knowe it for certayne, that theyr preesthode is not hole ne sounde.

And therfore if it were asked / where is [Page] now the deuocion and obedience of the inferiours, the defence of knyghtes, the peace of Christen prynces / to the ende that they, beynge at a concorde, myght resyst and feight against sismatikes and infidels, recouerynge agayne regions, whiche they haue nowe taken fro chri­sten men, & peruerted them: It myght be answered / that they be gone throughe brekynge of suche lawes.

¶Many of these sayenges and dyuces other here omytted, be the sayenges of Iohn̄ Gerson chāceller of Paris, in a tre­tice that is called in latyne, Declaratio defectuū virorum ecclesiasticorum. In whiche treatyse he recyteth also dyuers abusyons / whereof I shall recyte parte vnder the maner of questyons for short­nes, as he doth, as well cōcernyng other countreys as this / that they may the ra­ther be knowen and auoyded.

¶Fyrst he asketh this question. What it auayleth / or what profiteth the church the superfluous pompe of prelates and cardynalles, and what meaneth it?

¶Also that one man hathe .iiii. v. vi. or viii. benefices, whereof he is nat percase [Page 9] worthy to haue one, wherwith .viii. persons might be susteined, that giue them self to lernyng / prayer, & to the seruice of god? Here (saythe he) take hede. Whe­ther hors, dogges, byrdes, and the su­perfluous company of men of the chur­che shulde rather eate the patrimonie of the churche, than the poore menne of Christ / or that it be expended in the ser­uice of god, and to the conuersion of in­fidels, or in suche other werkes of mer­cye and pietie? O howe many places (saythe he) ordeyned for the seruice of god in Rome or elles where / be nowe through the negligence of the prelates desolate and distroyed? O howe is hit that the swerde of holye churche / that is the sentence of Excommunication, to her owne dispite and reproofe, is so lyghtly drawen out: and for so lyttell a thynge (as sometyme for dette) is so cruelly executed vpon poore men? What is it also, that one cause vppon a smalle thynge shall contynue so many yeres? and why is not that lengthe of tyme / whiche is the spoyler and robber of poore men, in somme conuenient maner [Page] cutte away? why is it not rather mer­cifully appoynted to the Iewes conuerted, somme reasonable lyuynge of theyr owne goodes rather than by extreme necessite to compelle them to forsake the fayth agayne / and to reproue christen men / that they be cruelle and haue no pitie? Iudge ye also (sayth he) whether so great varietie of ymages & pictures be expedient: and whether they do not peruert som symple ꝑsons to ydolatrie? But here it is to be nooted / that Iohn̄ Gerson fyndeth not defaulte in settynge vp of ymages / for he commendeth it in many places of his werkes, but he fyn­deth defaulte at the varietie of them in theyr peyntyng and garnysshyng with golde / syluer, precious stones, and suche other / with so great ryches about them / that some symple persons myght lyght­ly be enduced to beleue som special wor­kyng to be in the ymages / that is not in them in dede. And so he fyndeth defaute at the abuse of ymages: and not at the settyng vppe of ymages. Discusse also (sayth the sayde Iohn̄ Gerson) whether so large exempcions as some haue / be [Page 10] expedient? and whether it be profitable so to lede them fro theyr ordinaryes? Serche also saythe he, if there be not some apocrifate wrytynges, or prayers / or hymnes by processe of tyme / (some of purpose, som by negligence) brought vp to the hurte of the fayth? but than he asketh: whether al prelates and pre­stes be gyltie in the articles aboue rehersed, and he saythe our lorde forbede it. For lyke as Helyas, whan he had went that all the people of Israell hadde bene fallen to ydolatrie / herde our lorde saye, I haue yet reserued seuen thousand mē / that neuer bowed theyr knees before Baale: ryght so it maye be sayde, that nowe in these dayes our lorde hath re­serued ryghte many good menne bothe spirituall and temporalle / that be not gyltie in any of the sayde articles, ne yet partie in any maner to the sayde diuy­syon, whiche through helpe of grace, and with the fauour of the superiours / shall be ryghte well able to brynge the other to good accorde.

¶An other occasyon of this dyuysyon. The thyrde Chapiter.

THere be many lawes and de­crees made by the churche wherin it is recited, ꝙ laici sunt clericis infesti, that is to saye, that laye men be cruell to clerkes / and therfore the churche hath therupon made dyuers lawes to opresse that crueltie / as in them appereth. And therupon hath folowed, that whan pre­stes haue red the lawes / they haue iuged therby, that theyr reulers haue knowen some great crueltie in laye men agaynst clerkes. For elles they wolde not haue put tho wordes in to theyr lawes, and that hath caused many spyrytuall men to adiuge the more lyghtly, that suche thynges as laye men haue done concer­nynge them, hath rather ben done of malice and cruelte than otherwise, and that iudgement in processe of tyme hath cau­sed them to confedre them selfe togider, to resiste that malice / whiche they many tymes by occasion of the sayde wordes, [Page 11] haue iudged to be greatter than it was, and haue many tymes recited the wor­des / affermynge them to be true: and therfore they haue extended all lawes / that be made agaynst laye men the more extremely agaynste them: Whereby the people in many countreys haue ben so ofte greued and oppressed that they ha­ue grutched marueyllously at it. And whan laye men haue redde tho wordes, they haue takē therby, that the makers of tho lawes / whiche represent in them the estate of al spyrytuall men, haue iud­ged that the makers therof thoughte, that lay men were cruelle agaynst them and where cruelte is iudged to be / there is no loue. For like as nothyng helpeth more to norysshe loue in a man / thā that he maye knowe, that the other louethe hym, though he neuer receyued any profyte by hym: so nothynge nouryssheth more dyuysion and discorde, than that a man know that another loueth him not / though percase he knowe / that he neuer dyd hym hurte / ne entendeth not to do. And therfore whan lay men haue by tho wordes taken occasyon to thynke / that [Page] spyrytuall men haue adiuged crueltie in them: they haue anon iudged that spy­ritual men loue them not and that hath in theyr hartes broken y^e charitable loue and obedyence / that they ought to haue to spyrytuall reulers: and thoughe the occasion of this article be not vniuersally (for al lay men haue not sene tho wor­des) yet the reporte of tho wordes hath come to the knowlege of many lay men, as well by spyrytuall men as by tempo­rall men, that haue redde them: whiche by longe contynuance hath norysshed one great branche of this diuisyon / whiche I suppose veryly wylle neuer fullye be appeysed, tyll the spyrytuall gouer­nours wil be as dilygēt to make lawes, that shal brynge in mekenes among spi­rytuall men, and that may enduce them charytablye to suffre some tyme them that offende them, as they haue bene in tyme past to make lawes to set spyrytu­all men in suche case, that they may cor­recte all them and kepe them vnder, that wyll any thynge resyste them. And lyke as many spirituall men haue mysordred them selfe agaynste laye men, not onely [Page 12] in suche thynges as be partely touched before, but also in wordes / affermynge somtyme, that lay men loue not prestes: so in likewise some lay mē misordre thē selfe in wordes agaynst prestes, and wil say, that there is no good preste, or that all prestes be nought: and some, as it is sayde / wyll call them somtyme horeson prestes. And if all these wordes were prohybyte on bothe sydes vpon greate paines / I thynke it wold do great good in this behalfe.

¶An other cause of this dyuysion The fourth Chapyter.

THe harde & extreme lawes that are made for layenge violent handes vpon cler­kes, and suche other spy­rytuall persones / hath ben an other cause of this diuision. For they be very parcyalle / as to the reders wylle appere, and they be also so generalle, [Page] that nether kynge nor lorde be not excepted in them, but that they shulde goo to the pope to be assoyled. And the sayde lawes be .xvii. q. iiii. si quis suadente diabolo et ex. de sētenc. excōmunicac. ca. Non dubiū et Ca. mulieris: et Ca. per­uenit: et ca. ea noscitur. & in many other chapiters there / et ex. de sentenc. excom­municac. li. vi. ca. religioso. And these lawes be suche / that if a manne in vio­lence lay his hande only vpon a clerke / that he is accoursed: but thoughe a clerke beate a laye manne wrongfully / and with violence, he is not accoursed. And this parcialyte hathe done greatte hurte.

¶An other occasion of this dyuysion. The fyft Chapiter.

THoughe there be dyuers good and reasonable arti­cles ordeyned by y^e church to be redde openlye to the people at certain dayes, by the churche therto assygned / which commenly [Page 13] is called the general sentence: yet manye curates and theyr parysh prestes sometyme rede onely parte of the arty­cles / and omytte parte therof / eyther for shortnes of tyme / or els to take such ar­tycles as serue moste to theyr purpose. And somtyme, as it is sayd / they adde o­ther excōmunicaciōs after their mynde, that be not putte in to the sayde general sentence. And whan the artycles be so chosen out / they sounde to so great par­cialite and fauour for spiritual men, ey­ther for payemēt of tythes, offerynges, mortuaries / and suche other duetyes to the churche, or for the mayntenaunce of that they calle the liberties of the chur­che, as that no preeste nor clerke. &c. shal not be put to answere before lay mē specyallye where theyr bodyes shuld be arrested, or that no imposicions shulde be layde vpon the churche by temporall power, or agaynst them that with vio­lence lay handes vpon preest or clerk / or suche other: that the people be greatly offended therby, and thynke great par­cialite in them, and iuge them rather to be made of a pryde and couetyse of the [Page] churche: than of any charite to the peo­ple, wherby many doo rather dyspyse them than obeye them. And I suppose veryly, that this diuisyon wyl neuer be perfitely and charitably refourmed and brought to good accorde, tyll the peo­ple come to this poynt / that they shall greatlye feare and drede to ronne in to the leeste censure of the churche. And that wyll neuer be, tyll the heedes spy­rytuall wyll refourme them selfe, and shewe a fatherlye loue vnto the people, and not extende the sentences of the churche vppon so lyghte causes, and vppon suche parcialytie, as they haue doone in tyme paste. And if they wyll refourme these poyntes before reher­sed, and somme other hereafter folo­wynge, I suppose verylye the people wylle gladdely here them and folowe, them. For than, as the gospelle saythe they be theyr verye shepardes. Wher­fore yf it were ordeyned as well by auc­torytie of parlyamente as of conuoca­tion / that suche artycles shulde be de­uysed and putte in to the generalle sen­tence, that shulde styrre as well spyry­tualle [Page 14] menne, as temporalle menne to loue vertue / and flee vyces / to loue trouth and plainnes, and to flee falshod and doublenes / and that none vpon a payne shulde adde or dyminysshe any thynge concernynge the sayde articles: I thynke it wolde helpe moche to make a good agremēt of this diuision, and to contynue the same, with loue and drede betwexte the reulers spirituall and the people, as there oughte to be. And yf lyke artycles were deuised to refrayne spyrytuall men fro gyuynge hereafter any ferther occasion to this diuision, or any other lyke: and they to be redde at visitations / Seenes, & suche other lyke places / wher prestes assēble by cōmandement of theyr ordinaries / with certayne paynes to be appoynted by parlyamēt & conuocacion: I thynke it wolde bryng many thynges in to good order / and helpe moche to a good reformation of this diuision.

¶An other occasion of this diuision. The syxt Chapiter.

[Page] AN other occasion of this diuysion hathe partely rysen by temporal men, that haue desyred moche to haue the famyliaritie of preestes in theyr games and disportes, and haue vsed to make moche more of them that were compenable, thanne of them that were not so, and haue called them good felowes and good companyons. And many also wolde haue chapleyns, whi­che they wolde not onlye suffre / but also cōmaunde to go on huntyng, haukyng / and suche other vayne disportes. And some wolde lette them lye among other laye seruauntes, where they coulde ney­ther vse prayer nor contemplation.

¶And some of them wolde suffre them to go in lyueries not conuenyent in co­lour for a preste to were, and wolde also many tymes set them to worldely offy­ces, as to be bayliffes, receiuours / or ste­wardes: and than whan they haue by suche occasyon bene moche beten / and greatly exercysed in suche worldely bu­synes / so that the inwarde deuocyon of the harte hath ben in them as colde and [Page 15] as weke in maner, as in laye men, yet yf any benefyce haue fallen voyde of theyr gyft, they wolde preferre them to it / ey­ther as in recompens of theyr busynes and labours, or for that they were good companyons: rather thā another good deuoute man / that percase is lerned and kepeth hym selfe fro suche worldely va­nyties and ydle company, or that is dys­posed somtyme to admonysshe charyta­bly suche as he is in company with, of suche defautes as he seeth or hereth of them / and that few men do loue to here: And therfore wyll they preferre them / that wyl let them alone. And yet whan they haue so done, they wyl anone speke euyl of prestes / and reporte great lyght­nes in them, and lyghtly noote one prest with an nother prestes defaute, and that whan they haue ben partly occasioners to theyr offences them selfe, as it is sayd before. And this demenour hath thrugh a longe contynuaunce norysshed some parte of this dyuysion, and so wyll it do as long as it cōtinueth. And also where by the lawe / preestes ought to be at the churche on sondayes & holy dayes, and [Page] help forth the seruice of god in the quere and oughte also whan they be there to be ordered by the curate: yet neuer the lesse many men that haue chapleynes, wyll not suffre them to come in the pa­rysshe churche, and whan they be there, they wyll not haue them ordered by the curate, but after them selfe: ne see them be in the quere, but sendeth them many tymes on other errandes, and that in worldly matters, as customably as they do other seruauntes, and many suche chapleynes shewe them selfe euydently by theyr diligence in that behalfe / to be better contente to do that busynes, than to be in the quere / and that maketh the curates and the neyghbours bothe to thynke a great lyghtnes in them, and do discōmende them for it, and whan they here of it, they be also discontented, and theyr maysters bothe, and saye the o­ther haue no thynge to do with it, and commenly other chapleynes wyll take parte in suche matters: wherupon dy­uers grudges and variances haue risen in many places / that haue done greatte hurte in this behalf. And as it is in this [Page 16] case of chapleynes, and seruyng prestes, so it is also of chantry prestes & brother­hoode prestes in many places. And as it semethe these articles myght be holpen thus, that is to say / that it be prohibyted vpon a payne, that no preeste shall here­after customablye vse huntynge / haw­kynge, cardes / dyce / nor suche other games vnsyttynge for a preeste though percase he maye as for a recreacion vse some honest disportes for a tyme: ne cu­stomably vse the ale house or tauerne. And if any preste vse any such vnlawful games or other demenour, not conueni­ent for a preest, so moche that the people be offended by it, and fynde defaut at it, that than yf he be warned therof by an abbot and a Iustyce of the peace of the shire / where he is dwellynge, and yet he do not reforme hymselfe: that than be­syde the sayde payne, he be by conuoca­tion suspended fro ministryng the sacramentes, and be disabled to take any ser­uyce, tyll he be enhabled agayne by the kynge and the ordinarie. And that it be ferther enacted / that no man shall haue a chapleyne hereafter / but he haue a ston­dynge [Page] house / and that onely in his ston­dyng house, and none to haue a rydyng chapleyne vnder the degree of a baron / and that he that hath a stondyng house, and hathe also a chapleyne, shall vppon a payn prouide for his chapleyn a secret lodgyng with locke & key / that he maye lodge fro the commen recourse of the laye seruantes, and vse hym selfe therin conueniently in redynge / prayer, or contemplatyon / or suche other labours and busynes as be conuenyent for a preeste to vse.

¶An other cause of the sayd dyuysion. The seuenth Chapyter.

AN other occasion of the said dyuysion hath bene / by rea­son of dyuers sutes, y^t haue ben taken in y^e spiritual courtes of offyce, y^t is called in latyn, ex offi­cio: so y^t the ꝑties haue not knowē who hath accused them, & therupō they haue somtyme ben caused to abiure in causes of heresies: somtyme to do penaūce, or [Page 17] to pay great sommes of money for rede­mynge therof, whiche vexacion & char­ges the parties haue thought haue come to them by the iudges and the offycers of the spyrytuall courte / for they haue knowen none other accusers / and that hath caused moche people in diuers partyes of this realme to thynke great ma­lice and parcialytie in the spiritual iud­ges. And yf a man be ex officio brought before the ordynarye for heresy / yf he be notably suspected of heresye: he muste pourge hym selfe after the wyl of the or­dinary / or be accursed, and that is by the lawe, extra de hereticis. Ca. Ad abolen­dam. And that is thoughte by many to be a very harde lawe, for a man may be suspected and nat gyltie, and so be dry­uen to a purgaciō without profe or with out offence in hym, or be accursed: and it appereth de hereticis .li. vi. in the cha­piter In fidei fauorem, that they that be accursed, and also partyes to the same offens may be wytnes in heresie: and in the chapiter accusatus, pag. licet, it appereth, that yf a man be sworne to saye the trouthe concernynge heresie, as well of [Page] hym selfe as of other / and he fyrste con­fesseth nothynge, and after contrarye to his fyrst sayenge he appeleth bothe hym selfe and other: yf it appere by many­fest tokens, that he doeth it nat of lyght­nes of mynde, ne of hatred / nor for cor­ruption of moneye: that than his wyt­nes in fauoure of the faythe shall stonde as well agaynste hym selfe, as agaynste other: and yet hit appereth euidentlye in the same courte, and in the same mat­ter that he is a periured persone.

This is a daungerous lawe, and more lyke to cause vntrewe and vnlawfulle men to condempne innocentes, than to condempne offenders. And it helpeth lyttell, that if there be tokens / that it is nat done of hatred / nor for corruption of money: that it shulde be taken: for some tyme a wolfe may shew hym selfe in the apparelle of a lambe. And yf the iudge be parcyall, suche tokens may be soner accepted than truely shewed. And in the chapiter there, that begynneth Statuta quedam / it is decreed, that yf the Bys­shoppe or other enquerours of heresy, se that any greate daunger myghte come [Page 18] to the accusours or wytnes of heresie by the great power of them that be accused: that than they maye commaunde, that the names of the accusoures or wytnesse shall nat be shewed but to the bysshop or enquerours / or suche other lerned men as be called to them, and that shall suf­fice, thoughe they be nat shewed to the partie. And for the more indempnitie of the sayde accusoures and wytnesse it is there decreed, that the bysshoppe or in­queroures maye enioyne suche as they haue shewed the names of suche wyt­nes vnto, to kepe them close vpon payn of excommunication, for disclosyng that secrete without theyr lycens. And surely this is a sore lawe / that a manne shall be condempned, and nat knowe the names of them that be causers therof.

¶And though the sayd lawe seme to be made vpon a good consideracion for the indempnitie of the accusours and wyt­nes, yet it semeth that that consydera­cyon can nat suffyce to proue the lawe reasonable. For it semeth that the accu­soures and wytnes myghte be saued fro daunger by another way / and that is by [Page] this way. If the bysshop or inquerours drede that the accusoures and wytnes might take hurt, as is sayd before: than myght they shewe it to the kynge and to his counsaylle / besechynge his grace of helpe in that behalfe, to saue and defende the accusoures and witnes fro the extort power of them that be accused: And yf they wold do so: it is nat to suppose, but that the kynge wold sufficiently prouide for theyr saufegarde: But for as moche as it shulde seme, that spyrytuall men somwhat pretende to punysshe heresyes only of theyr owne power, without cal­ling for any assistance of the temporal power / therfore they make suche lawes / as may helpe forthe theyr purpose, as they thynke: but surely that is nat the charitable way, to put the knowlege of the na­mes of the accusors and witnes fro hym that is accused, for yf he knew them, he might percase allege and proue so great and so vehemente cause of rancoure and malice in thē that accuse hym, that theyr sayenges by no lawe ought nat to stand agaynst hym. And that spyrytuall men pretende, that they onely shuld haue the [Page 19] hole inquerie and punisshmēt of heresy, it apereth extra de hereticis .li. vi. ca. vt inquisitionis, ꝑag. prohibemꝰ: where all powers / and al lordes temporall and reulers be prohibite / that they shall nat in any maner take knowlege or Iudge vpon heresie, sithe it is mere spirituall, and he that inquereth of heresie, taketh knowlege of heresie. And so the summe called summa rosella, taketh it titulo ex communicac. perag. iiii. And yf that be true, it semeth than that all iustyces of peace in this realm be excomunicate: for they by auctoritie of the kinges cōmissi­ons and also by statute inquere of here­sies. And I thynk it is nat in the church to prohibite that: for though it were so, that the temporall men maye nat iudge / what is heresie and what nat, yet they may, as it semeth, by theyr owne auctoritie inquere of it / and enforme the ordi­narie, what they haue founde. And also yf a metropolytane with all his clergye and people of his dioces fel into herisie: it wolde be harde to redresse it withoute temporal power. And therfore temporal men be redye and are bounde to be redy [Page] to oppresse heresies / whan they ryse: as spirituall men be. And therfore spiritual men may nat take all the thanke to them selfe / whan heresyes be punysshed, as thoughe theyr charitie and power onely dyd it, for they haue the fauor and helpe of temporall men to do it, or elles many tymes it wolde nat be brought about.

Neuertheles my entente is nat to proue the said lawes all holly to be cruell & vn­resonable, for I know well, y^t it is right expedient, that strayt lawes be made for punisshment of heresies, that be heresies in dede, more rather than any other of­fence, and that the discretion of the iud­ges spyrytuall may ryght well aswage the rygour of the sayde lawes, and vse them more fauorably agaynst them that be innocent, than agaynste them that be wylfull offendours, yf they wyll chary­tably serche for the truthe. But surely yf the sayde lawes shulde be put in to the handelynge of cruell iudges, it myghte happen that they shulde many tymes punyssh innocentes as wel as offendours / but I trust in god, it is nat so. Neuertheles whether it be soo or nat / certayne it [Page 20] is that there is a great rumour amonge the peple, that it is so / & that spiritual mē punysshe nat heresye onely for zele of the fayth, and of a loue & a zele to the people, with a fatherly pietie to them that so of­fende / as they oughte to do / how greate offenders so euer they be, but that they do it rather to oppresse thē that speketh any thynge agaynste the worldly power or ryches of spyrytuall men, or agaynste the greate confederacie, that (as many men say) is in them to maynteygne it. And though many spyrytuall men may be founde, that haue ryght many greate vertues and great gyftes of god, as cha­stytye, lyberalytie, pacyence, sobrenes, temperaunce, cunnyng, and suche other / yet it wyll be harde to fynde any one spyrytuall man, that is nat enfecte with the sayd desyre and affection to haue the worldely honoure of prestes exalted and preferred / & therfore if any lay mā report any euyll of a preest / though it be openly knowen / that it is as he sayeth, yet they wyll be more diligente to cause the laye man to cesse of that sayenge, than to do that in theym is, to refourme that is a­mysse [Page] in the preest / that is spoken of, ta­kynge as hit were an occasion to doo the lesse in suche reformacions, bycause laye men speke so moche agaynst them: But surely that wyll be none excuse to spyrytuall rulers afore god / whā he shal aske accompte of his people / that were commytted vnto theyr kepynge.

¶And if this diuision be suffred to continue, it is nat vnlyke, but that greate bendynge shall folow on bothe parties, whereby great hurte and inconuenience may growe vnto moche people. And I see none that may set a meane waye be­twene these extremities, ne that mindeth any thynge to do good in it, but the kynges grace and his parliamente. And I thynke verelye that they are bounde in conscyence to folowe it with effecte, tyll the diuision be clerely cessed. Our lorde of his mercy sende them grace to do it. Amen.

¶An other occasyon of this dyuysyon. The eyght Chapyter.

[Page 21] IT is a commen opinyon a­mong doctours, that none is an heretike for that onely that he erreth / but for that he defendeth opynatyfelye his errour. And therefore he that erreth of simplicite, may in no wyse be sayd an heretyke. And summa rosella, in the ty­tle hereticus in principio, sayeth: that a man may erre, and meryte therby: and he putteth this example. If a symple vnlerned man here the preachynge of his bysshop / that preacheth happly agaynst the faithe / and he beleueth it with a redy mynde to obey: this man meriteth, and yet he erreth: but that is to be vnder­stonde where ignorance excuseth. Than it semeth, that it is nat ynough to proue that a mā is an heretike / for that he hath holden opinions ayenste that the church teacheth / ne that he oughte nat to make any purgation nor abiuration for it: for that that he hielde in suche case was nat his faythe / but the faythe of the churche was his faythe, though happly he were nat than fully auysed of it. And therfore saynt Aidan, whan he helde the wronge [Page] parte of kepynge of Eester was no he­retyke / and some saye that saynt Chadde was of the same opynyon as saynte Ay­dan was, whiche in lykewyse was no heretike, for theyr desyre was to knowe the truthe: and therefore it is nat redde that they made eyther purgacyon or abiuracion, ne yet the abbot Ioachym, whiche neuertheles erred / for he was redy to submytte hym to the determyna­cyon of the chyrche / and therfore he was neyther holden as an heretyke / ne com­pelled to abiure. Than yf this be sothe, it were greate pitie / yf it shulde be true, as is reported, that there shulde be so great a desyre in some spyrytuall men to haue men abiured, or haue the extreme punysshement for heresie / as it is sayde there is. For as some haue reported, yf any woll wytnes, that a man hath spo­ken any thynge, that is heresie, though he speke it onely of an ignoraunce, or of a passyon, or if he canne by interrogato­ryes and questions be dryuen to confesse any thynge / that is prohybyted by the churche: anone they wyll dryue hym to abiure, or holde hym atteynted with­out [Page 22] examining the intent or cause of his sayenge, or whether he had a mynde to be refourmed or nat: and that is a verye soore way, our lorde be more mercyfull to our soules, than so greuously to pu­nysshe vs for euery lyght defaut.

And here some saye that bycause there is so greate a desyre in spyrytuall men, to haue menne abiure / and to be noted with heresye / and that some, as it were of a polycye, do noyse it, that the roy­aulme is full of heretyckes, more than it is in dede: that it is very peryllous, that spyrytuall men shulde haue aucto­rytie to arrest a man for euery lyght sus­pection, or complaynte of heresye, tyll that desyre of punysshement in spyrytu­all men be ceassed and goone: but that they shulde make processe agaynst them to brynge theym in vppon payne of cur­synge: and thanne, yf they tary fourty dayes, the kynges lawes to brynge them in by a wrytte De excommunicato ca­piendo, and so to be broughte fourthe oute of the kynges Gaole to aunswere. But surely, as it is somewhat touched [Page] before in the .vii. chap. it semeth that the church in tyme past hath don what they coulde to brynge about, that they might punysshe heresie of them selfe / without callynge for any helpe therin of the secu­ler power.

¶And therefore they haue made lawes that heretykes myghte be arrested and put in pryson / and stockes yf nede were / as appereth Clementinis de hereticis. Ca. multorum querela. And after at the speciall callyng on of the spiritualtie / it was enacted by parlyament, that ordy­naries myght arrest men for heresie: for summe men thynke, that the sayde Cle­mentyne was nat of effect in the kynges lawe to arrest any man for heresie: But if a man were openly and notably suspe­cted of heresie / and that there were suffi­cient recorde and wytnes agaynst hym / & there were also a doubte that he wolde flee and nat appere, wherby he myghte enfecte other: it semeth conuenient that he be arested by the body: but nat vpon euery lyght complaynt, that full lightly may be vntrewe. And it wyll be ryghte expedient, that the kynges highnes and [Page 23] his counsaylle loke specyally vpon this matter, and nat to ceasse / tylle hit be brought to more quietnes than it is yet, and to se with great diligēce, that pride, couetise, nor worldly loue be no iudges, nor innocentes be punysshed, ne yet that wylfull offenders go nat without dewe correction.

¶An other cause of this diuision. ¶The .ix. Chapiter.

AN other occasion of this diuision hath risen by the extremities that haue ben shewed in sutes taken in the spyrytuall courtes, by spyrytuall men, for there hath therby risen an opiniō among mo­che people / that a man were as good or better to let a spyrytuall man haue at the begynnyng all that he demaūdeth, as to stryue with hym in the spyrytuall lawe for it. In so moche / that as it is sayde suche extremities haue bene vsed in the [Page] spirituall lawe for tythes, that no pre­scription / custome, cōposition, nor other plee shall be admytted in the spyrytuall lawe agaynst them. And surely yf that be trewe, it is a great parcyalyte, and a great denyeng of Iustyce. And therfore it wolde be refourmed. And as for mor­tuaries they be adnulled all redy by sta­tute: But yet begynnethe to ryse oone thynge to maynteyne the fyrst dyuysion concernynge suche mortuaryes, yf it be suffered to contynue, and that is / that many curates / nat regardynge the kyn­ges statute in that behalfe, perswade theyr parysshens, whan they be sycke, to beleue that they can nat be saued, but they restore them as moche as the olde mortuarie wolde haue amounted to.

And surelye, the Curates that by that meanes get any recompence, by gyfte, or by quest, are bounde in conscience to restytucyon. For he is deceyued in his gyfte or bequest. For it procedeth nat of a free libertie / but vppon that vntrue infourmacyon. And lyke as a contracte, wherby a man is deceiued in that thyng that is solde, holdeth nat in conscience, [Page 24] as yf a manne selle copper for golde, or wyne myxte with water for pure wyne: and so it is whan a man maketh a gyfte or a bequeste vpon an vntrue surmyse. And that no man is bounden in conscy­ence to restore for his mortuarye nowe, sythe the statute of Mortuaryes was made / it maye appere thus. It is hol­den by them, that be lerned in the lawe of this realme, that the parlyamente hathe an absolute power, as to the pos­sessyon of all temporall thynges within thys realme, in whose handes so euer they be / spyrytualle, or temporalle / to take theym from one manne, and gyue theym to an other / wythoute any cause or consyderacyon. For yf they doo it, it byndeth in the lawe. And yf there be a consideracion / that hit byndethe in lawe and conscience. And certayne it is, that all suche Mortuaryes were tem­poralle goodes / thoughe they were claymed by spyrytualle menne: And the cause why they were taken awaye was, for as moche as there were fewe thynges within this realme, that cau­sed more varyaunce among the people, [Page] than they dyd / whan they were suffered: for they were taken so farre agaynst the order of the kynges lawes, and against Iustyce and ryght as shall hereafter ap­pere. Fyrste they were taken nat onely after the dethe of the husbande, but also after the dethe of the wyfe, whiche after the lawes of the realme had no goodes, but that it was taken of the husbandes goodes / and they were taken also of ser­uauntes and chyldren as well infantes as other. And if a man died by the waye, and had an housholde in an other place, he shulde paye mortuaries in bothe pla­ces. And some tyme whan the parson / and vicar of a church appropried / vari­ed for the mortuaries, the people (as it hath ben reported) haue ben enforced, er they coulde sytte in reste / to pay in some places mortuaries to them bothe. And somtyme the curates wolde prohybyte pore men to sell theyr goodes in tyme of theyr sicknes, if they were suche goodes as were lyke to be theyr mortuaries: for they wolde say it was done in defraude of the churche. And yf the quyck goodes were better than the deed goodes, they [Page 25] wolde in some places take the quycke: And yf the deade goodes were better than the quycke, they wolde take the dead. And the mortuaryes muste be de­lyuered furthewith, or elles the bodye shulde nat be buryed. And they prescry­bed to haue ryghte to mortuaries onely by the prescription of the spirituall law. And vnder that maner mortuaries en­creassed dayly in manye places / where they hadde nat bene vsed before / and of lykelyhode wolde haue gone farther, yf they had nat ben stopped in tyme. And they were in many places taken in suche maner / that it made the people to thynk, that the curates loued theyr mortuaries better than theyr lyues. And thereupon rose in many places great diuision and grudge betwyxte theym, whiche broke the peace, loue, & charitie that shuld be betwene the curate and his parysshens, to the greate vnquietnes of many of the kynges subiectes, as well spirituall as temporall / and to the great daunger and perylle of theyr soules. For these causes the said mortuaries be adnulled by par­lyament / as well in conscience as in the [Page] lawe: And yet it is sayde that some cu­rates vse great extremities concernyng the sayde mortuaries a nother waye: and that is this. If the executours at the fyrste request pay nat the money that is appoynted by the statute / they wyl anon haue a citacion agaynst hym, And there he shalbe so handeled, that as it is sayde, it hadde ben mooste commenly moche better too hym too haue payde his olde mortuarie, than the costes and expenses that he shall paye there. And yf it be so, it wolde be refourmed. And surely this matter wolde be groundly loked vpon: for some men saye, that the sute in that case oughte to be taken in the kynges courte / and nat in the spyrytuall courte.

¶Other occasions of this diuision. The tenthe Chapyter.

THe extreme and couetouse demeanour of some curates with theyr parisshens / wher­of mencion is partely made hereafter, hathe ben an other [Page 26] cause of this diuision: And though ma­ny spyrytuall men be nat felowes with them in the extremities: yet non of them that haue ben best and moost indifferent haue nat done any thynge to refourme theym that vse suche extremities / ne to make them thynke, that any defaut is in theym in that doynge: but rather, as it were with a deafe eare, haue dissimuled it, and suffred it passe ouer / and haue en­deuoured them selfe more to oppresse all the lay people, that wolde speke against it, than to refourme them that do it.

And some of the sayde extremytyes be those. Some say, that in takynge of ty­thes, curates in some places wyll haue the .x. parte of euery thynge within the parysshe, that is tythable, though theyr predecessours withoute tyme of mynde, haue bene contented withoute hit: and though there be sufficient besyde for the curate to lyue on, or though he hath nat knowen, but that percase some other thynge in olde tyme hath bene assigned in recompens for it. And in som place is asked, as it is sayde, tythe bothe of che­kyns and egges, and in some place of [Page] mylke and chese, and in some place the x. parte of the grounde, and also of that that falleth on the groūde. And in some places is claimed tithe of seruantes wa­ges without deduction: And it is but in few places that any seruaunte shall goo quite without som tithe payeng / though he haue spent al in syckenes, or vpon his father and mother / or suche other ne­cessarie expences.

And in som places if a parisshē haue nat x. calues that yere, the curate wyll put the tythynge of tyll another yere / and than to take a tythe calfe, accomptynge bothe yeres togyther / rather than he wold the fyrst yere take the money, that is in that case assigned by the lawe. And they doo lykewyse of lambes, pygges, and suche other thynges. Also in many places the curates take more at marya­ges, buryals, and obites, than they were wont to do, and wyll nat bury a straun­ger that dyeth within the parysshe, but he haue some what for it. Also some cu­rates / whan there is any varyaunce be­twene hym and any of his parisshens, or that any of his parysshens be in his det, [Page 27] hathe prohybyte them fro howsell tylle he be payde. And it hathe bene somtyme sene, that whan a poore man hathe ben sette to be houseled, the curate hathe be­fore all the parysshe vpon some suche di­spleasure caused hym to ryse and goo a­waye without housell, to his rebuke.

And though these abusyons be nat vsed vnyuersallye (god forbyd they shulde) for there be many good curates and o­ther spyrytuall men, that wolde nat vse them for the wynnynge or lesynge of noerthly thynges: yet whan people of dy­uers contrees mete to gyther / and one of them telleth an other of some suche extremities in some curates in his contreye, and the other lykewyse to hym: anone they esteme suche couetyse and extreme delynge to be in al curates. And though they do nat well in that doynge / for the offence of one prieste is no offence to an other, yf they so wyll take it: Yet spiri­tuall men do nothynge therin to brynge the people oute of that iudgement, but suffre suche abusions to be vsed by some of them continually without correction / and (as I haue sayd before) wyl rather [Page] laboure to stoppe the mouthes of them, that wyll fynde defaulte at suche demea­noure, than to helpe to refourme them that do it. And surely as longe as they do so, hit wyll be very harde to haue a good vnitie and peace in this behalfe.

¶Other causes of the sayd diuision. The .xi. Chapiter.

AN other thynge that hath caused y^e people to grudge agaynste the pope & other spirituall rulers hath ben the grauntynge of par­dons for money. For whā it hathe benne noysed, that the money shulde be bestowed to somme charitable vse, as vppon the buyldynge of sayncte Peters churche in Rome, or to suche o­ther charitable vse: it hathe appered af­terwarde euidently, that it hath nat ben disposed to that vse. And that hath cau­sed many to thynke that the sayde par­dons were graunted rather of couetice, than of charitie, or for the helthe of the [Page 28] soules of the people. And therupon some haue fallen in maner in to dyspysynge of pardons, as though pardons graunted vpon suche couetise, shulde nat auaile. And because the people be greately de­ceyued in that iudgemente / for as to the taker, the pardone is good, though the grauntor offend in his grauntyng of the pardon. Therefore it is right necessary / that the rulers take hede, that pardons be herafter graunted in suche charitable maner, that the people shall haue no oc­casion ne coloure to thynke, that they be graūted of couetice: And than the graū toures shall profytte them selfe in theyr graunte / and the people also in theyr ta­kynge, and elles it maye lyghtely hurte them bothe. And verely it were greate pitie, that any myslykynge of pardons shulde growe in the hertes of the people for any misdemeanor in the grauntours or otherwyse / for they be ryghte necessa­rie. And I suppose that if certein ꝑdons were graūted frely without money, for sayeng of certein prayers therin to be appointed, that all mislikynge of pardons wolde shortly cesse and vanysshe away.

¶An other cause of this dyuysion. The .xii. Chapyter.

AN other cause of this dyuy­syon hathe bene by reason of dyuers lawes and consti­tutyons whiche haue bene made by the churche, some­tyme by the Pope, somtyme by Lega­tes / or by Metropolitanes in theyr pro­uince: wherin they haue many times exceded theyr auctoritie, and attempted in many thynges agaynste the lawe of the realme. And yet neuertheles many prie­stes haue giuen full credence to them / for they haue thought that the makers ther­of, whiche were the heedes of the chur­che, wolde nat make any lawe, but by good and sufficiēt auctoritie. And ther­vppon it hathe folowed / that whan any doubte or question hath rysen vpon the sayd lawes: all spiritual men in maner wolde stycke fast to the lawes, and ma­ny temporall men by reason of a comen vse and custome, that they haue sene to the contrarie, haue resisted them: wher­vppon [Page 29] haue rysen in many places great stryfe, varyaunces, & great expences in the spirituall lawe. Wherby many tem­porall men haue thought that spirituall courtes be rather vsed for maintenaunce of couetise, thā for ministraciō of iustice. And thoughe, with the mercye of oure lorde, the trouthe is nat so vniuersally: yet some diligence wolde be taken to re­moue that iudgement fro the people.

¶And of these lawes is the constituti­on of Bonyface the Archebysshoppe of Canterbury / wherby it is decreed, that he that letteth a woman couerte to make her wyll, or that letteth it to be proued, is accursed: and the lawe of the realme is, that a woman couerte hathe no goo­des, that she may make any wyll of, ex­cepte it be of a thynge in action, or that she were executrix before. And if she we­re so, than with licence of her husbande she may make an executour to the intent he may leuye the dette or fulfyll the fyrst wyll. An other lyke law is of the decree of the ryghte reuerende father in god, Roberte Wynchelsye / late archebysshop of Canterbury, made against the comen [Page] custom of the realme for tithe of wood: aboue .xx. yere nat to be payde / whiche custome was confermed by the statute made in the .xiv. yere of king E. the .iii. that is commenly called the statute of Silua cedua: By reason of whiche decree great sutes, variances, & expenses haue ensued and wyl ensue, if it be suffered. wherfore the sayde estatute wolde be throughly sene: And yf hit be good, than nat to suffre any decree to stande agaynste it / and els clerely to breke it. Other lyke lawes be the lawes that be made by the churche, that executoures shall nat vppon payne of cursynge, ad­ministre, tyll they haue proued the te­stament: where the lawe of the realme is / that they may: & so reason wold that they shulde be: for els the goodes of the testatour myght be enbeselled & lost for euer. And that lay mē may nat put cler­kes to answer before thē, specially in criminal causes. And for the strēgth of tho lawes many spiritual mē haue reportid openly, & that somtyme in open sermōs, y^t such puttyng to answer of pristes be­fore lay men is prohibited by the law of [Page 30] god / wherupon me thynketh ar greatly to be noted these pointes / that is to say, that if it be as they say / that it is ayenst the lawe of god / that than great defaut is in them, that they haue done no more to refourme it than they haue done, for clering the consciēce of so many people, as than daily offend therby. And if it be [...]at, as they say / than they mainteyn an vntruth, which is a great offēce in men of such grauite & ꝑfectiō as they be. And they also be therby boūden to restitutiō as the temporal princis, which ought to haue theyr fynes & amerciamentes vpō suche sutes, as shulde be taken agaynst preestes in theyr courtes: wherof they or many tymes excluded by reson of the said pretensed priuilege. And if it could be sufficiently proued, that it is ayenste the law of god, to put pristes to answer before lay men: than degrading of them could nat helpe: For nat withstandyng y^e disgradyng, the caracter abideth / & so he is a prest styl, as he was before. And I suppose verily that thā the kinges ꝓ­genitors wold in time past haue assēted to it. And that the kyngꝭ grace, & all his [Page] realme, wolde with good wyll also con­forme them self to it / but that was neuer sufficiently proued, as farre as I haue herde. And to that that some spyrytuall men say, that it is an auncient custome, and a custome approued, that priestes in felonies / murthers, & treasons shulde nat be put to aunswere before laye men, and that by reason of that olde custome, they oughte to be pryuyleged in that be­half / though it can nat be proued direct­ly by the lawe of god: to that it maye be answered, that there was neuer yet su­che custom in this realm approued. For priestes haue ben arrained alway for treson and felony before the kynges Iusty­ces. And for treson it hath ben sene, that they haue ben put in execution / as it ap­pereth by a complaynt made by the cler­gy in the parlyament holden in the .xxv. yere of kynge Edwarde the thyrde pro Clero / where the clergye complayned, that prestes, monkes, & religious, were contrarye to the liberties of the churche (as they sayde) put to dethe: and vppon that complaynt it was enacted, that all maner clerkes, as well secular as religi­ous, [Page 31] that shulde fro thens forthe be con­uicte before any Iustice secular, for any maner of tresō or felony / touchyng other persons / than the kyng or his royal ma­iestie, shulde haue fro thens forthe freely the pryuylege of holye churche, and be withoute lette or delaye delyuered to the ordinarie them demaundyng. And it se­meth that by that terme, Clerke, in that statute pro Clero, is vnderstond as well clerkes that be within orders, as clerkes that can rede as clerkes, and yet be nat within orders: for they shall haue theyr clergy in petyte treason / whiche be com­menly taken to be suche treasons / as be recited in the later ende of the declaraciō of treason, made in the sayde .xxv. yere of Ed. the .iii. whereof the eschete belon­geth to the lordes of the fee. But in the other treasons that be recited in the sayd declaracion / whereof the forfayture is onely to the kynge: none shall haue his clergye by the comon lawe / clerke with­in orders nor lay man, that can rede / nethere is nat any remedy prouyded for no maner of clerkes in tho tresons / for they touche the kyng and his royal maiestie. [Page] And therfore they be excepted in y^e sayd statute ꝓ Clero, as before apereth, & be comonly called hygh treasōs: & of that nature of treasō is now wasshyng / clip­pyng & fylyng of money: for the statute made āno .ii. H. v. is, that it shalbe tresō to the kynge & to the realme. And there­fore no clerk can there haue his clergy.

¶And here I wolde moue a lytle far­ther, that if a clerke within ordres bren a house, bycause he hadde nat certayne money layde in a secrete place as he ap­pointed by a byll: whether he shal haue his pryuylege: for the statute made in that case / is that suche brennynge shall be hyghe treason. And yet the forfeiture is gyuen to the lordes of the fee. &c. And the sayd statute is āno .viii. H. vi. ca. vi. And sith it is haute treason / many men suppose, that he shall nat haue his cler­gy: but I commytte that to other, that lyste to treate farther of that matter: But for countrefaytynge and forgyng the coyne of an other realme: I suppose a clerke shuld nat be put in execuciō, yf he wyll aske his priuilege. For the sta­tute is no more, but that it shall be trea­son, [Page 32] and sayeth not that it shall be trea­son to the kynge and to the realme / as the other statute dothe. And therfore I suppose that by the sayd statute pro cle­ro / he shal haue his clergy. Yet neuer the lesse that statute pro clero in one poynte declarethe the common lawe to be more strayter agaynst the priuilege of clergy / than many men take it to be: and that is in this poynt. If a clerke stele any of the kynges goodes, that he shall nat haue the priuilege of his clergie. For the sayd statute is, that he shall haue his clergie in treason or felony concernynge other persons than the kynge or his royal maiesty. And therfore for felony cōcernyng the kynge selfe / it semeth that a clerke at the comen lawe, shoulde not haue had the priuilege of his clergy: but that I remyt to other, that be lerned in the lawes of the realme. And I haue spokē the fer­ther of these matters, because as me se­meth, it were ryght expedient, that spi­rituall men shuld knowe them, & such o­ther as most specially ꝑteine vnto them, more parfytely than they haue done in tyme paste: and more rather to coueyte [Page] to haue the true vnderstondyng of them, than to reporte that the makers of them offended in the makyng, specially seyng that they were made by the kynge, with the assent of all the lordes spyrytual and temporalle / and of the commens, and some of them at the specyall request and peticion of the spiritualtie.

¶And here me thynketh I myght saye a lyttell farther in this matter, and that (as it is lyke) the trouth wyll proue, that is to saye: that as longe as the iurisdic­tions spirituall and temporall be suffred to stande in suche case as they do nowe, that temporall men shall say that spiri­tuall men make lawes, that they haue non auctoritie to make / and that spyry­tuall men shall say, that temporall men make lawes that be agaynst the libertie of the churche, wherfore they be accur­sed, and no other order taken to haue it knowen, what is the libertie of the chur­che, and what nat / than is yet taken: It wyll be longe ere this dyuysyon wyll be fully appeased. Than to retourne to the pryuyleges of clerkes. The trouthe is, that yet clerkes within orders be [Page 33] more fauoured than clerkes that be not within orders. For if a preeste be arrayned of felony / and cōfesseth the felony, or is founde gyltie, and than he prayeth the benyfyte of his pryuylege, and she­weth the letters of his orders, in that cas the iudges wyll not compell hym to rede. For sithe the churche hath admyt­ted hym to orders, the lawe presumeth that he can rede as many men saye. And ouer that if a preest wolde wylfully for­sake his priuilege, and confesse y^e felony and become a prouour: yet yf the ordi­narye wyll aske hym as a membre of the churche / and shewe the letters of his orders, he shall haue hym, and that is by the statute called articuli cleri. For before that statute he shulde haue bene compelled to haue done battayle / yf the approuee wolde haue waged hit. And also if a preeste, after that he hathe con­fessed the felony, or after that he is foūd gyltie / wyl pray his clergie, and after of wylfulnes he wil renoūce his priuilege: yet if the ordinarye wyll aske hym, he shal haue hym: and that is by the com­men lawe. But in this matter hit is a [Page] doubte, to many men / whether it suffy­seth to the ordinary only to affirme, that he is a preest & so to aske hym: or that he must shew the letters of his orders. And I suppose / that it is sufficient / yf he af­firm that he is within orders, though he shewe not the letters of his orders / nor yet the regestryng of them. And that se­meth by the statute of an .iiii. H. vii. ca, xiii. where it appereth that the Certifi­cat of the ordinarye, that he is within orders shulde suffyce. And if his certifi­cat shulde suffyce, than it semeth that his seynge in his owne persone / that the other is a clerke / shulde suffyce.

¶And in the statute made anno .xxiii. Henrici octaui / ca. i. it appereth, that clerkes within holy orders / haue great­ter priuilege, concernyng theyr clergie, than clerkes that be not within orders. But neuer the lesse I leue that matter to the determination of other.

¶But admytte / that there had ben such accustome receyued and admitted in the realme / that prestes shulde not be put to aunswer before laye men, and that than this questyon were asked, whether the [Page 34] parlyamēt myght breake that custome? To that questyon (as it semeth) it maye be aunswered thus: That yf that cu­stome turne in to an occasyon and boldenes of thefte and murder, and other lyke thynges agaynst the kynges peace, and that as well in many spirytuall men as in tēporal men by exāple of spiritual mē, which by reason of that priuilege take a boldnes to offēd: It were not only a lawful dede to breke that custom, but a right good & meritorious dede to do it, and a dede that the kynge is bounde to at his coronacion. For he is sworne to mayn­teigne the good customes of his realme and to breake the euyll. And sure it is, that all customes that be agaynste his peace / be euyll, as this shulde be, yf that effecte shulde folowe of it / as before ap­pereth. And that the kynge is speciallye bounde by his lawes to aduoyde all thynges, that may be a let to his peace, it apperyth by the statute that is called statutū de defētione armorū, where it is sayd amōge other thynges thus. To the kyng it apperteyneth by his royall sey­norye to defende strongly all armes, and [Page] all other force agaynst his peace as ofte as it shall please hym. And that he may punysshe them that do against his peace after the lawes and customes of his re­alme. And that al his lordes spyrytuall and temporall are bounde to ayde hym therin as theyr soueraigne lorde. And syth murders and felonyes are specially agaynst the kynges peace: therfore the said custome shuld be against his peace / yf suche effecte shulde folowe of it, as before appereth. Wherfore it semeth, that he shuld than haue auctorytie in his parlyamente to breake that custome, as a thynge agaynst y^e peace and quyetenes of his people. And he that hath auctori­tie to aduoyde suche thynges, as breake his peace, hath also auctoryte to preuent and deuoyde suche thynges, as maye gyue occasion to y^e breking of his peace, as that custome shulde do, yf the sayde effecte shulde folowe of it. And certayne hit is, that it hurtethe no more a good preste, that an euyl preeste is punisshed, than it hurteth a lay man, that he is pu­nysshed: ne no more than it hurtethe a good lay man or woman, that an nother [Page 35] is euyll and is punysshed for it. And I suppose verily, that this diuision wil neuer be perfytely appeased, tylle preestes and religious wyl be as lothe to here of any defaute in a lay man or lay woman / as in a preste or in a relygious person. And that wyll neuer be as longe as the great confederacies and singularite cō ­tinueth amonge prestes and amonge religious persons, as it dothe now. The good lay men and women must paciently beare the euyll reporte of other laye men and women, that be of the same condycyon as they be / and so they shall be taught by spiritual mē / that they ought to do: but they wyl not do so them selfe. In so moche that I suppose veryly, that many a preest & religious wold grudge more ayenste an euyll reporte made of a prest or religious / that in dede were gil­tie, in pryde / couetyse, angre / malice, glotony, lecherye, or suche other: than they wolde be ayenst a lyke euyl report made of a laye manne or a laye woman, that were not gyltie.

¶Dyuers other lawes there be / that be made by the churche: that many menne [Page] thynke the churche hadde no power to make: As it is / that no benefice shalbe let to a lay man / but a spiritual man be ioy­ned with hym: Or that it shall not be let aboue .iii. yeres. And also the constitu­cion of a dimission noble, & suche other, that were to longe to reherse nowe. For these suffise to shew, that by such lawes, made by the churche / that they hadde no power to make any lawe of / hath rysen one speciall cause of this diuision.

¶An other occasion of this diuision. The .xiii. Chapiter.

AN other occasion of this di­uision hath rysen by reason of feyned visitacions, vsed in tymes paste by ordina­ries and other, that haue hadde power to visyte howses of reli­gion and churches in the countrey: For there is a cōmen opinion in maner vni­uersally rysen amonge the people, that suche visitacions / after y^e maner as they [Page 36] be vsed / do litel good, and rather encrece vice than vertue. And verilie the more pytie is, it semeth to be true as they sey. For it is vsed / that at suche visitacions, visitours take of the houses of religyon that they vysite / somme certeyne pency­on: And for visitacion of churches they haue of some certayne churche / mete and drynke, where they visite / and than they gather somme certayne duetie of all the churches within a certeyn circute ī that contrey. And neuer the les / as the comen opynyon gothe / comenlye they reforme nothynge / but as they fynde it, so they leue it / and neyther cōforte they vertue / ne punysshe vice / but many tymes the contrarie, by some worldlie demeanour or euyll example, that the people see in them. And thus when the people haue sene, that offenders, as well spiritual as temporall / contynue after the visitacion as they dydde before: they haue coniec­tured / that the ordinaries and visitours do visite more rather for theyr pencions / than for any good order or reformacion. And this / through a longe cōtinuaunce, [Page] hath brought the people to iudge great couetice in such visitours / whiche com­menly be of the greattest reulers of the spiritualtie: wherby the peole by lyt­tell and lytell haue fallen into a dispray­syng of such visitations / and into a mis­lykynge of theyr rulers spiritual, and of suche pompe and worldly behauour, as is shewed by them at suche visitations. And than whan such visitours and spi­rituall rulers haue perceyued, that the people haue misliked theyr visitations, they haue disdayned it, and haue conty­nued styl as they dyd before: and so hath the grudge betwene them contynued secretely of long tyme. And surely it is to be moche meruayled, that visitours wil attempte to take at theyr visitatiōs any pension or imposition of them that they visite, contrarye to the good lawes that be made in the .vi. boke, ti. de censibus. ca. romana, et exigit. Wherin great pe­nalties be set vppon them that take any pension at theyr visitations / contrary to the sayd lawes / as in the same doth ap­pere. And but there be any secret dispensation in that behalfe: many be suspen­ded [Page 37] / that dayly ministre. And if there be any suche secrete dispensation, hit is to doute, that the graunte therof proceded not of charite, but of some couetyse and singularite: yf the very grounde therof were throughly serched. Wherfore hit were ryght expedient / that suche visita­tions were set in suche order, as well by spirituall auctoritie / as by temporal auctoritie, that good men hereafter myght therby be comforted / and euyll men cor­rected & reformed, to the good example of all other that shulde here of it.

¶An other cause of this dyuysion. The .xiiii. Chapiter.

AN nother cause of the sayd diuision hathe rysen by oc­casion of the greate multi­tude of lycences and dispensations, that haue benne made for money by popes and busshops in tyme paste / contrary to dyuers good lawes made by the churche, as of pluralites, ayenst the law that no man shulde [Page] haue but one benefice / and of lycence to curates to be non resident, of capacities to men of religyon, and that none shall take orders ne be promoted afore a cer­tayne age, and suche other: whiche ly­cences & dispensacions haue bene so ac­customably graunted for money with­out cause reasonable, that great inconuenyences haue folowed vppon it, to the great grudge, and murmour, and euyll example of all the people.

¶An other cause of the sayde dyuysion. The .xv. Chapiter.

AN other occasyon of the sayde diuisyon hathe rysen by a greate larnes and ly­bertye of lyuynge / that the people haue sene in many religious mē. For they say, that though religious men professe obedience & po­uerty / yet many of them haue & wil haue theyr owne wil, with pleynty & delicate fedynge, in such abundance that no obe­dience nor pouertie appereth in them. [Page 38] And therfore many haue sayde, and yet say to this day, that religious men haue the most plesant & delicate lyfe that any men haue. And truly if we behold the holynes & blessed exāples of holy fathers, & of many religious persons, that haue bene ī tyme past / and of many religious persons that be now in these dayes: we shulde se ryght great diuersity bytwene them, I trowe (as for many of them) as greate diuersitie as is bytwene heuen & hell. And here, as it semeth, I myght conuenyently reherse the wordes that be spoken in the fyrst boke of the folowyng of Chryste / the .xviii. chapiter, where it speaketh of the holy fathers, that haue bene in religion in tyme past / and sayth thus. They serued our lorde, in hunger and in thurste, in hete and in colde, in nakednes / in labour, and in werynes / in vigiles & fastinges, in prayers, and in holye meditations, in persecucions, and in many reproffes. They refused honours here in this lyfe, that they myght alway haue them in y^e euerlastyng lyfe. O how strayt and howe abiect a lyfe led the ho­ly fathers in wyldernes? howe greuous [Page] temptacions they suffered? howe fyersly they were with theyr goostly ennemyes assayled? howe feruent prayer they day­ly offered to god? what rygorous absti­nence they vsed? howe great zele & fer­uour they had to spiritual profyte? how stronge batayle agaynst all synne? And howe pure and holle entent they hadde to god in al theyr dedes? on the day they laboured, and on the nyght they prayed. And though they laboured on the daye bodily, yet they prayed in mynde, and so they spent theyr tyme alway frutefully, and thought euery houre shorte: for the seruyce of god / and for the great swete­nes that they hadde in heuenly contem­plation, they forgette ofte tymes theyr bodily refection. All ryches / honour / di­gnities / kinnesmen, and frendes they renounced for the loue of god. They coueted to haue nothynge of the worlde, so that skarcely they wolde take that was necessarye for the bodily kynde. They were poore in worldly goodes / but they were ryche in grace and vertues. They were nedy outwardely, but inwardely they were replenysshed with grace and [Page 39] goostly comfortes. To the worlde they were alyens and straungers, but to god they were ryghte deere and familyar frendes. In the syght of the worlde and in theyr owne sighte they were vile and abiecte, but in y^e syght of god and of his saynctes they were precious and singu­larly electe. In them shone al perfection of vertue / trewe mekenes, symple obedience, charitie, and pacience / with other like vertues & gracious gyftes of god. Wherfore they profited dayly in spirite, and opteyned great grace of god. They be lefte as an exaumple to all religious persones, and more oughte theyr exam­ples to stere them to deuocion, and to profite more & more in vertue & grace / than y^e great multitude of dissolute and ydle persones shulde any thynge drawe them abacke. O what feruoure was in religious persons at the begynnyng of theyr religion? What deuocion in pray­ers / what zele to vertue, what loue to goostly discipline, and what reuerence and meke obedience flourysshed in them vnder the rule of theyr superiour? true­ly theyr dedes yet bere witnes / that they [Page] were holy and perfyte, that so myghtly subdued the worlde / and thrust it vnder fote. Thus farre gothe the sayde chapi­ter. But the more pitie is / most men say, that nowe a dayes many religious men wyl rather folow theyr owne wyl, than the wylle of theyr superiour, and that they wylle neyther haue hunger nother thyrst, heate, nor colde: nakednes, wery­nes / nor labour, but riches, honor / dignities, frēdes, & worldly acqueintāce, attē ­dance of seruantes at their cōmandementes, pleasures / disportes, & y^t more lybe­rally than temporal mē haue. Thus are they fallen (say they) fro y^e true religiō: wherby the deuocion of the people is in maner fallē fro thē. Neuertheles I dout not / but there be many right good & vertuous religious persons, god forbede it shulde be otherwyse: but hit is sayde, that there be many euyll, and that in su­che multitude / that they that be good canne not, or wyll not, see them refour­med. And one great cause that lettethe reformation in this behalfe is, this: If the moste dissolute persone in all the cōminaltie / and that lyueth most openly [Page 40] ayenst the rules of the religion, can vse this policye, to extolle his relygion a­boue other / and disprayse other rely­gions, for that they be not of suche perfection as theyr relygion is, anone he shall be called a good seruente bro­ther / and one that beareth vppe the re­lygion, and shall be therfore the more lyghtely forborne in his offences.

Where the throuthe is, that the religion maynteyneth hym, and bearethe vppe hym / and not he the religion. For hit hathe lyttell nede of hym. And thoughe many be good and lyue a ryghte good and laudable lyfe, after the statutes and order there vsed: yet in that poynt / to extolle theyr religyon aboue other, and to take parte with them, that doo so thoughe they knowe: that they that so extol it / kepe not the religion them selfe, fewe be without offence, and truly that is a great defaute, for it gyueth a great boldnes to offenders / and discourageth theym, that be good / whanne they see them that moste lyue ayenste theyr rely­gion, be so maynteygned and commen­ded.

[Page]¶An other thyng that hath caused ma­ny people to mislike religion, hath bene the great extremyte, that hath ben many tymes sene at elections of abbotes, pri­ours, and suche other soueraygnes spi­rituall. And this is a generall grounde, that whan religious men perceyue / that the people myslike them / they in theyr hartes withdrawe theyr fauour and de­uocion agayne fro them: And so hathe charitie waxed colde bytwene them.

And veryly I suppose / that hit were better, that there shulde no abbotte or pryoure hereafter contynue ouer cer­tayne yeres, that shuld be appoynted by auctoritie of the rulers, than to haue su­che extremites at elections, as hath bene vsed in tyme paste in many places.

¶And veryly (as me semeth) one thyng wolde do great good concernynge reli­gions, and all religious persones, and that is this: that the reules and constitucions of religion were sene and wel considered / whether the rygour and strayt­nes of them may be borne nowe in these dayes, as they were at the begynnyg of the religions. For the people be nowe [Page 41] more weyke, as to the multitude / than they were than. And yf it be tought / that they maye not be nowe kepte: that than such relaxacions and interpretati­ons of theyr rules be made, as shall be thought by the reulers expedient: For bettre it is to haue an esye rule wel kept than a strayte rule broken without cor­rection: For therof foloweth a boldenes to offende / a quyet herte in a euyl cōscy­ence: a custome in synne, with many e­uyll examples vnto the people: wherby many haue found defaut at al religion, where they shulde rather haue founde defaute at dyuers abusions agaynst the true religion: for certayne it is, that re­ligions were first made by holy fathers, by the instincte of the holy ghoste, kepe them who so may.

¶The conclusyon of this lyt­tell treatise. The .xvi. Chapiter.

[Page] SYthe there is no sacrifyce that more pleaseth almygh­ty god / than zele of soules dothe / it is good that euery man dispose hym selfe, as nyghe as he can / to haue that zele: And if he may through grace come thervnto, it shall instructe hym in many thynges, how he shal behaue him selfe anenste his neyghbour. And fyrste hit shall teache hym / that he shall take hede, that he do nothynge / that myght gyue occasion vnto his neyghbour to offende. And I vn­derstonde nat therby, that he shall onely take hede, that he do none euyll dede, wherby his neyghboure maye take oc­casion to offende, whiche in latyn is cal­led offendiculum / that is to say / an occa­sion to offende: but I meane also, that he shall take hede / that his neyghboure take none occasion to offende by no dede that he shall do, thoughe it be good, as gyuyng of almes, or buyldynge of chur­ches, or suche other: which if the people iuged to be done of pryde & vaine glory / must be lefte for a tyme, for hurtynge of them that be of that opinion: tyll they [Page 42] maye be instructed of the intente of the dede. And yf they wyll in no wyse be re­fourmed, than bycause hit semeth to be of malice, as was in the phariseys: their iudgement may be dispysed / & the good dede contynued.

¶Also where trouth shulde perysshe / if the good dede shulde be omytted / there a good dede is not to be omytted. And accordynge to that is sayde before / the blessed apostell saynt Paule, of a great zele that he had to the people / sayde:

¶If eatynge of flesshe shulde hurt my neyghbour, I wolde neuer eate flesshe. And therfore in the sayd chapiter he mo­nysshed all them, that wolde eate mete, that was offered to ydolles before them that were newly conuerted of the Gen­tyles / and that were yet but weke in the faythe: that they shulde beware, that though they knewe, that they myghte lawfully do as they dydde, that yet they shulde take hede, that theyr brother were not offended therby. And in all that chapiter the holy apostell treateth moch that it is good to euery man to be ware / that through his dede he gyue no occa­sion [Page] to his brother to offende. And I be­seche almyghty god, that euery manne, but moost specially our lordes and mai­sters spirituall, may hereafter endeuor them selfe to kepe wel this poynt, that is to say / that they do nothyng to gyue the people occasion to offende: and ouer that, that they may diligently instructe the vnlerned people to the knowlege of the trouthe / and to stable them as well by doctrine as by good example / al sin­gularite sette aparte. And for as moche as doctrine and good example perteyne moste specially to prelates and spiritual rulers, therfore I shall brefely recyte certayne auctorities / that shall some what moue them to haue a zele and loue vnto the people. And also to be pyteous vnto them: And for shortenes I shall omytte for this tyme to shewe by whome the said auctorities were spoken, besechyng the reders to take heede to the wordes that be spoken, though hit appere not who speake them.

¶First I fynde diuers auctorities that say thus: It is expedient, that prelates study more to profite the people, than to [Page 43] haue preeminence ouer the people.

¶Also I fynde wrytten / that thoughe punisshemēt may not holly be omytted, that yet it profyteth moche / that it be somtyme deferred.

¶Also that it behoueth necessarily, that he that hath rule ouer other, brenne euer in a quycke lyuely zele to the helthe of theyr soules, that he hath rule of: And that els he shal lyttel profyte vnto them. And therfore he coueteth vndiscretly to haue rule ouer them, that he studyeth not to profyte vnto. And therfore this is sayde specially to prelates and to other that haue rule ouer the people: Rule ye to forsee the perylles and daungers of them that ye haue rule of / to counsaylle them to procure theyr helth, and to serue and to profyte to other / as good faythful and wyse seruauntes, whome our lorde hath ordeyned ouer his householde.

Plante ye vertue in them by holsomme doctrine / water it by good example, and helpe them with your prayour / and thā haue ye done that perteineth to you, and our lorde shal well gyue encrece of gro­wynge / whan hit shall please hym / and [Page] that parauenture there as after mannes iugement was farre vnlyke. These thre thynges therfore be very necessary, do­ctryne, example / and prayour, but the greattest of them is prayour. It is al­so sayd to the prelates thus: Knowe ye, that ye oughte to be as mothers to the people, and not as lordes / and ye ought to studye rather to be beloued thā dred, and if it be necessary some tyme to haue correction, that it be a fatherly cor­rection, and not as it were of a tyraunte / and show your selfe as mothers in noris­shynge of the people / and as fathers in correctyng them. Be meke / put away al fiersenes / forbere betyng / & speke vnto y^e people faire & sobre wordes, and set not your yock to greuously vpon thē, whose burdeyns ye ought rather to bere. If ye be spiritual, instruct y^e people in the spi­rite of Softenes, & let euery mā cōsidre hym selfe well, leest that he may be also tempted. He that is a mother dyssy­muleth not / he can ioye with them that ioye / wepe with them that wepe / and he wylle not ceasse to thruste oute of the breste of compassion the mylke of cōsolation. [Page 44] He taketh hede, if he can perceyue any mā / that is vexed w^t any great temptacion or trouble / and y^t is heuy & weike therwith: And if he finde any such, with him he soroweth, him louingly he entre­teth, him he cōforteth, & findeth anon ma­ny argumētes of pitie & trust, wherwith he resseth him vp ayen to cōfort of spirit And yf he knowe any that is prompte / quick, & wel profityng ī grace / he ioyeth with hym, he giueth hym many holsome coūsailes, & kindeleth him / and instruc­teth hym all that he can to perceuer and profyte euer fro better to better, he con­formeth him selfe to euery mā he torneth the effections of al men vnto him selfe in al goodnes, and proueth him selfe verily to be a mother, as well of them that be offenders, as of them that profiteth in grace: And as a trewe leche he seketh as well them that be sycke as theym that be hoole / and all this he dothe through the gyfte of pitie, and of a zele, that he hath to the helth of theyr soules. Also a good diligence shepeherde neuer cessethe to fede his flocke with good les­sons and exaumples, and that with his [Page] owne example rather than with other mens, For yf he fede them with other mens examples, and not with his own / hit is but a rebuke vnto hym, and his flocke shal not profyte moche therby.

For if a prelate wyll shew vnto the peo­ple the sobrenes of Moises, the pacience of Iob, the mercy of Samuell, the ho­lynes of Dauyd, & such other examples of blessed men: and he hym selfe be vn­meke, vnpacient, vnmercyfull, and not holy, it is to fere, that al those examples shal lytel profyte. And therfore prelates, that in tyme passed haue bene the verye trewe shepeherdes, though they hadde theyr bodyes here of the erthe, yet neuer the lesse they fed the flockes of our lorde to them commytted with heuenly fode, and vsed not to preache to them theyr owne wyll, but the wylle of god. And one man saythe of prelates this: Whan I (saythe he) beholde the heyght of the honour of prelacy, forthe with I drede the peryll and daunger of it. And whan I considre y^e degree, I drede the ruine. I considre the heyghte of the dignitie / and I beholde forthwith the mouthe of [Page 45] Helle open euen at hande. For there is no doubt, but that theyr administracion is more perillous, than is the ministra­cion of any other. But yet neuerthelesse yf they administre wel, they shal get thē selfe therby an hyghe degree in heuen / & they shal receyue y^e gretter abundance & more ful measure of peace for their good trauaylle for euer. And I beseche al­myghty god to sende these .iiii. thynges habundantly in to the worlde, and that moste specially amonge prelates, and spirituell reulers, that is to saye / zele of soules, pitie / good doctrine, and deuout prayour. And than vndoubtedly, a new lyghte of grace, and of Tractabilitye, shall shortely shewe and shyne amonge the people.