The English concord in ansvver to Becane's English iarre: together with a reply to Becan's Examen of the English Concord. By Richard Harris, Dr. in Diuinitie.

D^r. HARRIS Reply.

THE reuerend Bishop of Ely, asserted, the Ab∣besses with Papists to haue or dinary Iurisdiction spirituall, and therein to be equall with Abbats: and that nothing hindred, but that they might excommuni∣cate, because according to Tho. Aquinas, Excommunica∣tion is not an act of Order, or inward Court, but of the out∣ward: And I, in my English Concord, set downe the par∣ticulars of that ordinary spitituall Iurisdiction of Ab∣besses, viz. (To excommunicate, absolue, visit, institute, conferre benefices, present to Benefices, Prelatures, and Dignities Ecclesiasticall: and to haue all Administration of the Monesteriall Monialls, or Nunnes; as well Spirituall, as Temporall; but onely those things of order, vvhereof a vvoman is incapeable.) ex Tractatu doctissimo, out of the most learned Treatise, of Father Stephen D^r. Aluin, entituled thus: A Treatise of the Power of the Abbats and Abbesses: printed at Parise 1607. authorized solemnly to be printed; and in very singular manner allowed with high commendation, by the Diuines of Parise, deputed for examination of all bookes to be printed there.

In my margine notes I directed the Iesuite to the particular chapters of that Treatise, where the said Stephen doth not onely assert those particulars; but also solidly and indiciously proue the same, by the Ca∣non law, and best Canonists writing comment, vpon that law. Notwithstanding, this Iesuite, as though his nose bled, turneth aside from all these (so many words,

so many pressures of him) and saith but this: It is false, Abbesses with vs haue no power to excom∣municate.

Did euer any Iesuite so vnlearned as this Becane is, and here shewes himselfe to be, vvrite with penne? Stephen D'Aluin, doth not only say it, but from sound premisses conclude it. The Iesuit, leauing the premisses vnanswered, or vntouched, denieth the conclusion; and sinking vnder the burden of the respondent, will rather play the opponents part, and so obiecteth these two emptie Canons nothing to the purpose.* 1.1 The former is of priuate women, that they should be sub∣iect to their husbands: and not vsurpe authoritie ouer other men, as, to teach them publikely, to iudge them, to rule, or raigne ouer them, to weet, as the Glosse ex∣pounds it, in temporalls.

If this Canon should be vnderstood generally of all women (for Abbesses are not there once mentioned) then Mathilda Countess, of whom the Gloss in L. vlt. cod. de Arbit. maketh such honorable mention, could not command or iudge them, who were her subiects as Countess: nor Q. Mary (so much commended by al Papists) might raigne, as Queen, ouer her English sub∣iects. By what right or law then, did shee shed innocent bloud of so many Martyrs, Archbishops, Bishops, Priests, & Laiks of all sorts, Sexes and Ages, exceeding much, till she replenished England, from corner to cor∣ner; as Manasses did Ierusalem? Angel: in rep. quā. cod. de fidei com. et in L. Foeminae F. de reg. iur is. et in L. cum praetor F. de iudic: saith that He saw a certaine Queen, na∣med Ioan, sitting in the Regall seate, and giuing sentence of death, against them of Balso.

The latter Canon saith, that Monialls, or Nunnes,* 1.2 laying violent hands vpon Clerks, should or might be absolued by the Bishop; which is true, when either the Abbess is not exempted, from Iurisdiction Episcopal, as many of them are not: or, when the Pope doth not giue, or deriue from himselfe as Head, ordinary Spiri∣tuall Iurisdiction to the said Abbesses, as to many of them hee doth; for then it is a ruled case, especially a∣mongst the Canonists, (though peraduenture this seely Iesuit be ignorant therof) that they may, by ver∣tue of that ordinary Spirituall Iurisdiction, excōmuni∣cate, absolue, institute, visite, &c. those Ecclesiasticall things onely excepted, which pertaine to the key of order.

Indeed the Schoolmen, as Thomas Aquinas. in 4. dist. 19. q. 1. art. 1. et 2. & q. 3. ad. 4. also dist. 25. q. 2. art. 2. & q. 1. ad. 2. And Paladanus Durand. in 4. dist. 19. q. 1. art. 1. Syluester verb. Abbatissa. and Dominicus So∣to in 4. Dist. 20. q. 1. art. 4. deny to Abbesses Eccle∣siasticall Iurisdiction or dinary: yet they acknowledge the same, as delegated vnto them from the Pope. But the Canonists proceede further: for they hold, that the very dignitie of the Prelature, and excellencie of the offices of Abbesses, dooth giue vnto those Ec∣clesiasticall women, to weet Abbesses, Spirituall Iuris∣diction, not only delegated, but euen ordinarie, ouer their Monialls or Nunnes: and this they gather out of the Canon law. De Maior. et Obed. cap. Dilecta. where Pope Honorius 3. commands obedience to the Abbesse of Brubigen: who had suspended Clericos suae Iurisdictioni subiectos, ab officio, et beneficio; The Clarkes vnder her, from their office, and benefice.

This is a more plentifull and sound answere vnto these two Canons, so fondly objected, then the Ie∣suite deserueth, and so we may leaue him here. But be∣cause this point now in hand doth so neerely touch the Kings Supremacy, or his Supreme Iurisdiction Spirituall and Ecclesiasticall; to stifle this Iesuite here∣in, once for all, and euer hereafter, I will proceede to the further declaration, and demonstration hereof; wherein I will obserue this course following: viz. to proue out of the Canon law, or Canonists ancient and moderne, or both,

First in generall, that all Laicks, Males, or Females, are capeable of Iurisdiction Spirituall and Ecclesiasti∣call, in the outward Court; euen to Excommuni∣cate.

Dist. 32. ca. Praeter hoc. verb. Ducibus. in Glossa: Laicus de mandato superior is, potest suspendere clericos, et excomunicare, quia Excommunicatio est potius Iuris∣dictionis quam or dinis. Ext. de Elect. Transmissam. Dist. 63. c. Adrianus. etc. In Synodo. D. 96. c. Bene quidem. et c. Nos ad sidem. et causis matrimonialibus 35. q. 5. Ad sedem. 2. q. 5. c. Mennam. Io. Hoc tamen videtur alienum a laico, cum de rebus spiritualibus se non intromittat. vt Extra. de. Indi. Decernimus, imo, vt ibt dicitur, prohibe∣tur praelatis, vt talia Laicis non committant: tamen Domi∣nus Papa, qui habet plenitudinem Potestatis, posset com∣mittere vt Excommunicarent. Bar. A laick, (to weet, male, or female, for some of the Canons here cited by the Glosse concerne the males; but others, especially the last, concerne the females directly, as that, 2. q. 5. Mennam) may suspend, and excommunicate clarkes, by command, or commission from the superior, especiallie

of the Pope. viz. by Spirituall power delegated: because excommunication is not of Order, but of Iurisdiction in the outward Court.

Dist. 96. c. bene quidem, in the Glosse.§. Praeter. Ro∣manum. Papa quamlibet causam Ecclesiasticam, commit∣tere potest laico. The Pope may delegate to a Laick spirituall Iurisdiction of Externall Court, whereby to heare and de∣termine any cause Ecclesiasticall.

More distinctly thus:

• 1. Of Laik males. Dist. 96. Bene quidem. in gloss. verb. Laico. Non licuit Laico homini, sacer doti anathema dicere, vel excommuni∣care, iure suo; sed ex delegatione Papae, bene. A Laik man, could not lawfully, by his owne right or power, excommu∣nicate a Priest; but by, power delegated from the Pope, hee might well doe it.
• 2. Of Laik Females. Caus. 2. q. 5. ca. Mennam. in gloss. verb. Arbitrio. De∣legatur hic laico, spirituale negotium. The case was this; Menna a Bishop, was accused before the Pope of cer∣taine crimes, whom (after that by his oath hee had purged himselfe) the Pope dismissed, and absolued: notwithstanding, afterwards, the Pope committed to Brunichilda, Queen of France, full Iurisdiction Eccle∣siasticall, to conuent before her the said Bishop, for the said crimes, to purge himselfe with two other com∣purgator-bishops ioyned with him, by their oathes; so farre forth as she thought good; prouided, that shee did not exceede the extent of Ecclesiasticall Iuris∣diction; viz. to vrge him to his said purgation, or the exact manner thereof, by applying vnto him, hotte burning yron, or the like: for such corporall tortures,

• and only such, the Pope in this Canon inhibited. All which is expresly set downe at large in the very text of the said Canon.

Secondly, in more particular manner, that both Laik male Abbats, and also Laik femall Abbesses, are capeable of, and may, and doe, execute ordinary Iu∣risdiction Spirituall and Ecclesiasticall, viz. to excom∣municate, absolue, institute, suspend, visit, &c. All w^ch belong, ad Spirituale forum contentiosum. To the Spiritual Iurisdictiō of outward or contentious court: as appeareth by Extrauag. commun. De Praebendis. ca. Execrabilis. verb. visitare. in glossa.

Notes

• * 1.1

  23. q 5. cap Multerem.
• * 1.2

  De senten, Excoman.ca. De Monia∣libus.