Chap. 2. the thirde Diuision.
And other thing is, that in these courtes (which they call spiritual) they take the knowledge of matters which are 〈1 line〉〈1 line〉eere ciuill, thereby not only peruerting the order whiche God hath appointed in seuering the ciuil causes from ye ecclesiastical, but (*) 1.1 iustling also with the ciuill Magistrate, and thrusting him from the iurisdiction, which apperteyneth vnto him, as the causes of the contracts of marriage, of diuorces, of willes and testaments, with diuerse other such like things. For although it apperteme to the Church and the gouernours thereof, to shew out of the word of God which is a lawful contract or iust cause of diuorse, and so foorth, yet the iudiciall determination, and definitiue sentences of all these, do apperteine vnto the ciuill Magistrate. Herevnto may be added, that all their punishmentes almost are penalties of money, whiche can by no meanes apperteyne to the Church, but is a thing meerely ciuill.
We giue to the ciuill magistrate authoritie in ecclesiasticall causes: and we ac∣knowledge* 1.2 all iurisdiction, that any court in England hath or doth exercise, be it ci∣uill or ecclesiasticall, to be executed in hir maiesties name and righte, and to come from hir as supreme gouernoure, so farre are we off from iustling with hir, or thrusting hir from the iurisdiction which perteyneth vnto hir: neyther do we make any such distinction betwixt ciuill and ecclesiasticall causes, as the Pope and you do. And therfore we* 1.3 are not they that detract any thing from the ciuil magistrate, but it is the Pope and you: who both thrust him from the iurisdiction, that by the law of God and all equitie he ought to haue in Ecclesiasticall matters. God hath not so seuered ciuil causes from Ecclesiasticall, but that one man may be iudge in them both: and if it perteine to the Church to declare what is a lawfull contract, & which be the iust causes of diuorce, by what rea∣son can you proue that the iudiciall determination and definitiue sentence of those matters, doth perteine to the ciuill magistrate only? For is not he most méete to iudge in these causes, which best vnderstandeth them? but both this and that whiche followeth, you speake without reason, and therefore the custome of the Church, and the lawes appoynted for the same, now also receyued and confirmed by the ciuill magistrate, with the con∣sent of the whole Realme, must be of greater force than your single words.