Page:The Acts and Monuments of John Foxe Volume 3.djvu/105



justly possessed; and that is justly possessed, which is well possessed. Ergo, all that which is ill possessed, is another man's, and he doth ill possess it, who doth ill use it.

If then any of the clergy do abuse the temporal goods, the temporal lords may, at their own pleasure, according unto the rule of charity, take away the said temporal goods from the clergy so transgressing. For then, according to the allegation aforesaid, the clergy do not justly possess those temporal goods, but the temporal lords, proceeding according; to the rule of charity, do justly possess those temporalties, forasmuch as all things are the just man's [ 1 Cor. iii. 21—23]. "All things," saith the apostle, "are yours; whether it be Paul, or Apollo, or Cephas; either the world, or life or death, or things present, or things to come: for all things be yours, you be Christ's, and Christ is God's." Also in the 23 quest. 7 par., "Quicunque," it is written; "Jure divino omnia sunt justorum." $🞼$The words of St. Augustine in that place, "Ad Vincentium," be these: "Whosoever," saith he, "upon the occasion of this law or ordinance of the emperor, doth molest or persecute you, not for love of any charitable correction, but only for hatred and malice to do you displeasure, I hold not with him in so doing."

And although there is nothing here in this earth, that any man may possess assuredly, but either he must hold it by God's law, by which "cuncta justorum esse dicuntur;" that is, "all things be said to pertain to the possession of the just:" or else by man's law, which standeth in the king's power to set and to ordain; here, by the words of St. Augustine alleged, ye see all things belong to the possession of the just, by God's law.$🞼$

Item, Forasmuch as the clergy by means of their possessions are in danger of the emperor and king, it followeth, that if they do offend, the emperor or king may lawfully take away their possessions from them. The consequent dependeth on this point, forasmuch as, otherwise, they were not in subjection under the emperor or king: and the antecedent is manifest by the 11 quest, 1 par., "His ita respondetur," where it is specified in Latin thus: "Clerici ex officio episcopo sunt suppositi, ex possessionibus imperatori sunt obnoxii: ab episcopo unctionem, decimas, et primitias accipiunt; ab imperatore vero possessiones nanciscuntur:" that is to say, "The clergy, by means of their office, are under the bishop; but by reason of their possessions they be subject unto the emperor: of the bishop they receive unction, tithes, and first-fruits; of the emperor they receive possessions." Thus then it is decreed by the imperial law, that livelihoods should be possessed; whereby it appeareth, that the clergy, by the possession of their livelihoods, are in danger of the emperor for him to take away from them, or to correct them according to their deservings, and to have the controlment of them, as it shall seem good unto him.

Item, The temporal lords may take away the temporalties from such as use simony, because they are heretics. Ergo, this article is true. The antecedent is manifest, forasmuch as the secular lords may refuse such as use simony, and punish them except they do repent. For, by the decree of pope Paschasius, in the first and last questions it appeareth, that all such as used simony were to be refused of all faithful jieople, as chief and principal heretics; and if they do not repent after they be warned, they are also to be punished by the extern power. For all other faults and crmes, in comparison of simony, be counted but light, and seem small offences. Whereupon the Gloss, expounding the same text, saith, that by this word 'extern,' is understood the laity, who have power over the clergy, besides the church, as in the seventeenth distinction, "Non licuit," and 23 quest. 5 par., "Principes." Whereby it is evident, that the temporal lords may take away the temporal goods from the clergy when they do offend.

Item, St. Gregory, in the register upon his seventh book and ninth chapter, writeth thus unto the French queen: "Forasmuch as it is written that 'righteousness helpeth the people, and sin maketh them miserable ;' then is that kingdom counted stable, when the offence which is known, is soon amended. Therefore, forasmuch as wicked priests are the cause of the ruin of the people (for who shall take upon him, to be intercessor for the sins of the people, if the priest who ought to entreat for the same, have committed greater offences), and under your dominions the priests do live wickedly and unchastely;

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