is evident that it is lawful by their power to punish the clergy, by taking away their temporalties, if their offence do so deserve.
Item, The most easy reformation of the clergy to the life of Christ and the apostles, and the most profitable to the laity, (that the clergy should not live contrary unto Christ), seemeth to be the withdrawing of their alms, and the taking away of those things which had been bestowed upon them. Twenty-second reason.And it is thus proved: that medicine is the most apt to be laid to the sore, whereby the infirmity may soonest be holpen, and which is most agreeable to the patients; such is the taking away of the temporalties. Ergo, this article is true. The minor is thus proved: forasmuch as by the abundance of temporalties the worm or serpent of pride hath sprung up, whereupon insatiable desire and lust is inflamed, and from which proceed all kinds of gluttony and lechery. It is evident in this point, forasmuch as the temporalties being once taken away, every one of those sins is either utterly taken away, or at least diminished, by the contrary virtue induced and brought in. It seemeth also most pertinent unto the laity, forasmuch as they ought not to lay violent hands upon their ministers, nor to abject the priestly dignity, neither to judge any of the clergy in their open courts. It seemeth, also, by the law of conscience to pertain unto the lay-people, forasmuch as every man who worketh any work of mercy, ought diligently to have respect unto the ability of them that he bestoweth his alms upon; lest by nourishing or helping loiterers, he be made partaker of their offence. Whereupon, if priests do not minister in their spiritual things, as of their tithes, first-fruits and oblations, as Hostiensis teacheth in his third book, the people ought to take away the alms of their tithes from them.
Twenty-third reason.Item, It is confirmed by the last chapter of the seventeenth question, out of third the decree of Rents appropriate unto the church, "Quicunque," where the case is put thus: That a certain man having no children, and not hoping to have any, gave all his goods to the church, reserving to himself the use and profits thereof: it happened afterwards, that he had children, and the bishop restored again his goods unto him not hoping for it. The bishop had it in his power, whether to render again, or not, those things which were given him; but that was by the law of man, and not by the law of conscience. If then, by the decree of the holy doctor St. Augustine, in his sermon on the life of the clergy, Aurelius, bishop of Carthage, had no power by God's law to withhold that which is bestowed upon the church for the necessity of children; by which law, the wanton, proud, and unstable clergy, being more than sufficiently possessed and enriched, do detain and keep back the temporalties to the detriment and hurt of their own state, and of the whole militant church, the secular patrons being thereby so impoverished, that they are compelled by penury to rob and steal, to oppress their tenants, to spoil and undo others, and, oftentimes, by very necessity are driven to beggary.
Twenty fourth reason.Item, Suppose that a priest and minister, how grievously soever he do offend, by what kind or sign of offence soever it be, as it was in the case of bishop Judas Iscariot, of the religious monk Sergius, of pope Leo the heretic, and many other priests, of whom the Scripture and Chronicles make mention, and daily experience doth teach us the same: it is evident, that, as it is supposed, the priests in the kingdom of Bohemia grievously offending, it is the king's part, forasmuch as he is supreme head next under God, and lord of the kingdom of Bohemia, to correct and punish those priests. And, forasmuch as the gentlest correction and punishment of such as be obdurate in their malice, is, the casting away of their temporal goods, it followeth, that it is lawful for the king to take away temporalties. Wherefore it should seem very marvellous and strange, if priests, riding about, should spoil virgins, and violently corrupt and defile honest matrons: if, in such case, it were not lawful for them to take away their armour, weapons, horses, guns, and swords from them. The like reason were it, also, if they had unlawfully conspired the death of the king, or that they would betray the king unto his enemies.
Twenty-fifth reason.Item, Whatsoever any of the clergy doth require or desire of the secular power, according unto the law and ordinance of Christ, the secular power ought to perform and grant the same. But the clergy, being hindered by riches, ought to require help of the secular power for the dispensation of the said riches. Ergo, the secular power ought, in such case, by the law of Christ, to take upon it the office or duty of getting, keeping, and distributing, all such manner of
