Page:The Acts and Monuments of John Foxe Volume 3.djvu/718

 in this proposition, you have the words of St. Augustine for answer. But let every man well foresee, if God do command, or that he do intimate the commandment without any circumstances, and let him prove the spirits, whether they be of God. But in such cases there are no laws to be given, neither are they much to be talked of; for thereby there should easily arise occasion to make sedition, and for inferiors to risc against the superiors. For, when any man had stolen any thing, or killed any man, he would say that he was moved thereunto by the Spirit of God: but without manifest proof thereof, he should be punished.

Again, they said that there were certain cases wherein the laity had power over the clergy. It was answered, That there were certain cases in the law, wherein the laity had power over the clergy, and oftentimes over cardinals. For if, the pope being dead, the cardinals would not enter the conclave to elect a new pope, the king, prince, or other lord or secular power, may compel them: but, in these cases, he is now no private person, but useth his jurisdiction by the authority of the law. The like is to be understood of all other cases expressed in the law.

They said further, That no common law hath any right or justice, except God's law do allow the same. It was answered. That no common law hath right or justice, if it be against the law of God; because the law of God is the rule of all other laws. But there is great cunning and knowledge in applying the rule to that which is made by the rule; for oftentimes it seemeth that there is diversity in the thing made by the rule, when there is none indeed; but the default is in the applying, because the rule is not duly applied to the thing made by it.

As touching the article of preaching the word of God, it was moved that oftentimes some prelates, through their own envy and malice, without any reasonable cause, do inhibit a good and meet preacher that preacheth catholicly and well. Answer was made, how that they understood well enough that the abuse of certain prelates, who did inordinately behave themselves, gave a great occasion of those troubles. Also, that they never heard of any such complaints in those parties, but that the prelates do favour good preachers, and stir them up to preach, by entreaty, favour, and promotion. In all such cases there are remedies already provided by the law; for, when any man is so prohibited to use his right, he hath remedy to appeal: and if he do trust his appeal to be just, he may use his right, all violence both of the spiritual and secular power set apart; for the end of the matter shall declare, if he had just cause to appeal. Then shall it be declared that the superior hath done evil in prohibiting, and the plaintiff justly in doing, and the superior, for his unjust prohibition, shall be punished. But if he be justly prohibited, and that through his temerity he do contemn the just commandment of his superior, he is worthy to be punished with condign punishment.

Where it was moved concerning the third article, Whether it were lawful for the ecclesiastical prelates to exercise in their proper person, the "acts of secular dominion," hereunto it was answered, That if by these words, "acts of secular dominion," are understood acts which a secular lord may do or exercise, then it is to be said, that a prelate