Page:The Acts and Monuments of John Foxe Volume 3.djvu/107

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ON TEMPORAL JURISDICTION OVER THE SPIRITUALTY.
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teenth question, 7 par., this sentence is noted, where it is thus spoken as touching the children, nephews, and the most honest of the kindred of him who hath builded or endowed any church: That it is lawful for them to be thus circumspect, that if they perceive the priest do defraud any part of that which is bestowed, they should either gently admonish or warn him, or else complain of him to the bishop, that he may be corrected. But if the bishop himself attempt to do the like, let them complam of him to his metropolitan; and if the metropolitan do the like, let them not defer the time to report it in the ears of the king; for so saith the canon, "Let them not defer to report it in the ears of the king." To what end, I pray you, but that he should do correction? neither is it to be doubted, but that correction doth more appertain unto the king in this point for their goods, whereof he is chief lord, by a subtraction proportional, according to the fault or offence.

Seventeenth reason. Lawful forthe civil ruler to corect the clergy.Item, It is thus proved: it is lawful for the secular lords, by their power, to do correction upon the clergy by some kind of fearful discipline appertaininb to their secular power. Ergo, by like reason it is lawful for them by their power to do such correction by all kind of fearful discipline pertaining unto their secular power. Forasmuch, then, as the taking of their temporalties is a kind of fearfful discipline pertaining unto the secular power, it followeth that it is lawful for them thereby to do such correction: and, consequently, it followeth that the truth is thus to be proved. The consequent is evident; and the antecedent is proved by Isidore, twenty-third question, 5 par., "Principes;" where it is thus written: "There should be no secular powers within the church, but only for this purpose, that whatsoever thing the priests or ministers cannot bring to pass by preaching or teaching, the secular powers may command the same by the terror and fear of discipline. For, oftentimes, the heavenly kingdom is profited and holpen by the earthly kingdom; that they who are in the church, and do any thing contrary unto faith and discipline, by the rigour of the princes may be trodden down, and that the power of the rulers may lay that discipline upon the necks of the proud and stiffnecked, which the utility and profit of the church cannot exercise or use.

Eighteenth reason.Item, All things that by power ought to work or bring to any perfect end by the reasonable measuring of the mean thereto, may lawfully use by power the subtraction or taking away of the excess, and the addition of the want of their means, according as shall be convenient or meet for the measure to be made. Forasmuch, then, as the secular lords ought by their power, to provide for the necessary sustentation of the christian clergy by the reasonable measuring of their temporalties, which they are bound to bestow upon the christian clergy, it followeth, that they may lawfully, by their power, use the taking away, or adding unto, those temporalties, according as shall be convenient for the performance of that reasonable matter.

Nineteenth reason.Item, It is lawful for the clergy, by their power, to take away the sacraments of the church from the laity customably offending, forasmuch as it doth pertain to the office of the christian ministers, by their power, to minister the same unto the lay-people. Wherefore, forasmuch as it doth pertain unto the office of the laity, according unto their power, to minister and give temporalties to the clergy of Christ, as the apostle saith [1 Cor. ix.,], it followeth, that it is also lawful for them by their power to take away the temporalties from the clergy, when they do habitually sin and offend.

Twentieth reason.Item, By like power may he who giveth a stipend or exhibition, withdraw and take away the same from the unworthy labourers, as he hath power to give the same unto the worthy labourers: forasmuch then as temporalties of the clergy are the stipends of the laity, it followeth that the lay-people may, by as good authority, take away again the same from the clergy who will not worthily labour, as they might, by their power, bestow the same upon those who would worthily labour, according to the saying of the gospel [Matth. xxi.], "The kingdom shall be taken away from you, and given unto a people which shall bring forth the fruits thereof."

Twenty first reason.Item, It is also lawful for the secular lords, by their power, to chastise and punish the lay-people when they do offend, by taking away their temporalties according to the exigent of their offence, forasmuch as the lay-people are subjected to their dominion. Wherefore the clergy being also subject to the dominion of the secular lords, as appears from Rom. xiii., and many other places, it

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