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.

BECAN. Exam.* 1.1

THat which you cite from the Bishop of Ely, and assert heere your selfe, viz. That we giue more to an Abbess, (namely power to excōmunicat) then you to the Queen, is not true. You ascribe all to the Queen, which you doe to the King, as to haue Primacy, to be head of the English Church, &c. Abbesses with vs, haue not power to excommunicate, as Eli∣zabeth with you, had. Hear what our Canons think of this mat∣ter: It is plaine,* 1.2 that the woman is subiect to the dominion of the man (or her husband) & hath no authority. For she cannot teach, nor be a witnes, nor iudge, how much lesse may she commaund, or raigne?* 1.3 And againe: If Nunnes or Monialls, lay violent hands vpon themselues, their Conuerts, or Clerks: they ought to be absol∣ned by the Bishoppe of that Diocesse, vvherein their Mona∣steries are.

Hence the canonists gather, that Abbesses cannot absolue (and therefore cannot excommunicate) their Monialls. And this is obserued in our practise. See Suarez. Tom. 5. d. 2. Sect. 2. et 3.

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.* 1.4 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,* 1.5 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.

And first for Abbats.

Decretal. de Praescriptionibus. Tit. 26. c. Auditis. Tā∣to tempore probantur per testes ab Abbatibus de Heuens∣cham, pleno iure possesse: vt videantur in eis, Episcopale ius legitime praescripsisse. Quod si constiterit, absoluatis Abbatem ab impetitione Episcopi, super Ecclesijs memo∣ratis, adiudicantes ill as Abbati, pleno iure subiectas, et Episcopo super ill is, silentium imponatis. Circa cognitionē quo{que} causarū matrimonialium, et Capellani suspensionē in praedicta villa, et inter dictum capellarū, vos super his, ius Episcopale adiudicetis eidem Abbati. The Abbats of Heuenscham seem lawfully to prescribe Episcopall Iuris∣diction in certaine Churches: if that be so, let the Abbat and not the Bishop, gouerne those Churches Pleno iure, that is, by right of Iurisdictiō, Spiritual, Ecclesiastical, E∣piscopall, euenin causes matrimoniall, suspensions, & in∣terdictions. The glosse of which Canon, §. Ius Epis∣copale; writeth thus: Hic manifeste patet quodiura E∣piscopalia praescribuntur, cognitio causarū matrimonialiū, tantū de iure communi spectat ad Iurisdictionē Episcopi,

quam praescribit Abbas.

Hence it is manifest that Ab∣bats may prescribe Episcopall Iurisdiction, &c.

Clementin. de reb. Eccle. non alienand. or. Monasteriorū. verb. Proprij. in. gloss: Abbates exempti habent Episcopa∣lem Iurisdictionem. Abbats exempt haue Episcopall Iuris∣diction. et cap. De statu Monachorū. ca. Attendentes. verb. Alia. in gloss. Illa ergo non corriget ordinarius loci, sed Ab∣bas, vel Prior, cui subsunt. In exempt Monasteries, let not the Ordinary of the place, but the Abbat, or Prior, correct faults done there.

To be briefe: Abbats, by the Canon law,

May Absolue an Excommunicate Monke: (and there∣fore excōmunicate him) Dist. 90. c. Si quis. verb. Prioris. in gloss. Abbas potest absoluere mona∣chum suum, inijcientem manus in monachum suum, vel alterius.

May Dispense concerning Orders. 20. q. 4. Monachū. verb. Remittatur. in gloss. Abbas dispensare po∣test circa ordines.

May Giue or confer the lesse orders. Dist. 69. Quoni∣am. verb. lect or is in gloss. Abbas minores or di∣nes hodie conferre possit.

May Visite his subiects mediat and immediate. extra. commun. de cencibus c. vas. verb. Abbates in glossa.

May Bless & cōsecrate Ecclesiastical things & persons. Sexti. de Priuilegijs. Tit. 7. ca. Abbates. Additi∣on. I. in glossa. Et faciunt haec pro Abbatibus qui benedicunt calices, patinas, vestes sacerdo∣tales, cruces et similia. Nam si benedicant per∣sonas, fortius et res.

According to the Canonists, not onely Abbats, but also Priors claustrall, in their absence, haue ordi∣nary Iurisdiction, Spiritual and Ecclesiasticall, as these moderne, Victorinus, Mansus, Auersanus, and Mona∣chus Cassinensis, the Abbat of Saint Sepherine at Naples, cap. 2. de. modo procedendi in Causis. Regula. N. 4. haue largely written and proued. When the Abbat is away, the Prior hath authoritie in Court both secret, and conten∣tious, to heare confessions, to visit &c. Specula. in Tit. de of∣fic. ordin. si. const. per text. in cap. Duo extra. eod. tit. Ab∣bas. in tract. de forma procedendi. in cap. Irrefragabili eod. tit. et in cap. Cum contingat. De foro competen: And is ordinary Iudge there; as Petrus Follerius in the last part of his practik criminall, hath clearely proued and for∣tified.

Now touching Abbesses. I. Out of the Canon law.

Decretal. de maior. et obed. Tit. 33. ca. Dilecta. verb. Iurisdictioni. in gloss. Abbatissa potest suspendere ab of∣ficio et beneficio, Monach as su as, et clericos suae Iurisdicti∣oni subiectos, secundum quod hic satis innuitur, si inobedi∣entes fuerint. Habet enim administrationem temporalium et spiritualium. Item ratione suae administrationis, post suam confirmationem potest conferre Ecclesias, et beneficia, et constituere clericos in Ecclesijs sui Monasterij, sicut Ab∣bates. Abbesses may suspend their Nunnes, & also clearks vvhich are vnder them, from office and benefice, if they be disobedient; for she hath administration of things spirituall and temporall therein: and by vertue of her administration, she may collate Churches and benefices, and institute clerks in the Churches of their Monastarie, as Abbats may doe. Out of the text of this Canon. Dilecta. Panormitan

noteth, that an Abbesse is capable of spirituall Iurisdiction, and may exercise that Iurisdiction ouer her Nunnes.

Decretal. De statu Monachorū. Tit. 35. cap. 8. Ea quae. Haec autem omnia etiam in Monasterijs quae non ha∣bent Abbates proprios, sed Priores: nec non in Monasie∣rijs monialium•• oad articulos Abbatissis, et monialibus cō∣gruentes praecipimus obseruari. We will haue all these things obserued in the Monasteries of Monks and Nunnes.

In which Constitution, because it speakes expresly of administration, as well spirituall as temporall; as well of Abbots, as of Abbesses: by that very extension the Abbesse is equalled with the Abbot, in the admi∣nistration of his Monastery, as well spirituall, as tem∣porall. Whereupon Panormitan noreth, Quod Dispo∣situm in Monachis, et Abbatibus, extenditur ad Abbatis∣sas et Moniales. That vvhich belongeth to Abbats in their Monasteries, appertaines to Abbesses in theirs.

The same Panormitan, in Decretal. Tit. 10. De his quae fiunt à praelat. sine consens. capital. ca. Contine∣batur. n. 4. writeth expresly, That an Abbesse hath as free administration of her Monastery, as an Abbat hath. But an Abbat hath ordinary spirituall Iurisdiction in his Mo∣nastery, as all Canonists agree.

Flaminius Parisius, De Resig. Benef. 1.3. q. 12. n. 3.5. 8. et 14. proueth at large, That an Abbesse may haue a Praelature, and dignity, with administration, and a right to visit, euen without the Monastery; which right she may al∣so commit to others. And the Bishop Bitontine, very late∣ly holdeth and proueth the same in his works dedica∣ted to Pope Clement 8. See the very Text. Sext. de E∣lect. ca. Indemnitatibus, prouing the same.

Barthol. in l. 1. cod. de dign. lib. 12. n. 4. saith that

Abbesses haue dignity, with administration, not onely ouer their Nunnes, but also without, for that they haue Castles, &c. as Abbats haue dignity, with administration. Sext. de Priuilegijs. ca. Apostolicae. And therefore, by a ruled case among the Doctors, grounded vpon ca. Atten∣dentes in Clemētin.de stat. Monachor. they ought to vi∣sit, or to commit the visitation to others. Extra: con.ca. Vas electionis.

Out of these, & the like, Steph. d' Aluin, ca. 2. sect. 12. of the power of Abbesses, concludeth; that Abbesses & Prioresses claustrall, by a certaine right, constitutions, and rule of S. Benedict, from whence all the rest, in a manner, are drawne, as also by custome, haue authority and power ordinary, spirituall, and Ecclesiasticall, ouer those that are vnder them. And cap. 3. sect. 8. That Abbesses, & Prio∣resses, ex cardin. concil. 17. cal. 4. bj. cap. Dilecta, and the Gloss.adioyned, haue all administration, as well spiri∣tuall, as temperall, of those monasteriall Nuns; saue only of those things whereof a woman is vneapable, to weet, of Order.

Now, touching the power which Abbesses haue to excommunicate.

Because Tho. Aqui. in 4. sent. dist. 18. q. 2. art. 2. in corpore, writeth thus; Excōmunicatio non est actus cla∣nis directe, sed magis exterior is iudicij: Excommunication is not an act of the key directly, but rather of external court. Nauarre, lib. quinto, consil. 1. de sentent. Excom. con∣cludeth; that a vvoman by priuiledge, may also excom∣municate.

Tabiena and Arnilla, verbo Abbatissae. nu. 3. be∣sides Panormitan, Astensis, and others, That an Abbess may cōmand the Priests, her subiects, to excōmunicate their rebellious & obstinat Nunnes, or to absolue them.

Whereupon, Steph. d'Aluin, cap. 3. sect. 12. conclu∣deth thos: Proinde omnis habens Iurisdictionem Ecclesia∣sticam, et si non habeat clauem ordinis, potest excommunica∣re ex D. Thoma. Therefore all hauing Ecclesiasticall Iu∣risdiction, may excommunicate, according to Tho. Aquin.

Now, that they haue Ecclesiasticall Iurisdiction, wit∣nes Panormitun, in ca. De stat. Monachor. Iason, con∣sil. l 40. lib. 2. Flaminius, deresig. lib. 3. q. 12. n. 12. say∣ing: Dispositum iur is in Abbate, habere locum in Abba∣tissis. What right Abbats haue, Abbesses haue the same.

And againe, Panormitan, Arnilla, & Flaminius write, That Abbesses exempt, haue right or iurisdiction to visit the places, and persons subiect to them; and that they haue Clerks subiect vnto them, Pleno iure, that is, vnder their gouernment, as well Ecclesiasticall, as Temporall.

Now say Card. Parisius, and Flaminius: Out of the right to visit, or from visiting by her selfe, or her deputie, followeth her Iurisdiction, to depriue, depose, correct, pu∣nish, and chastise. And to haue them subiect to her, Ple∣no iure, by full right, doth plainely import Iurisdiction, De∣priuation, Visitation, and Correction.

To conclude this point: If priuat men and vvomen be capable of Ecclesiasticall Iurisdiction; If Abbesses haue and execute the same, in collating Benefices, instituting, su∣spending, depriuing, visiting, iudging crimes, and imposing and receiuing purgations of Bishops; lastly, excommunica∣ting, and absoluing; according to Popish Canons, Canonists, Custome, and practise among them: with what face doth this Iesuit, or any other Papist, scandalize our Kings, or Queenes, for taking, or vs for ascribing vnto them, Su∣preme Ecclesi. Iurisdiction: yet not that, wherby our Kings or Queens may institute Clerks, excōmunicate,

or absolue them: oras King Iames, and late Queen E∣lizabeth haue in their writings published to the whole world. Therefore, most impudently false is the Iesuit heere, asserting that Queen Elizabeth had power to ex∣communicate.

Touching Suarez, let this Iesuit know, that Steph. D' Aluin, hath refuted in this point, a farre greater, & better learned man then Suarez is, to weet, Franciscus a Victoria, in his Relect. 2. de potest. Ecclesiae; and shewed the practise of the Church to be, as heere hath beene declared.

Christian Reader, I haue beene much heere in this point, because it is of that moment, and so remarkable: for recompence, in replying to the remainder of Be∣canes Examivation, I promise to bee short; the rather, because in truth, it is but froth, not deseruing any o∣ther answere at all, but that which is already set down in my English Concord.

Notes

• * 1.1

  Pag. 145
• * 1.2

  33. q 5. ca. Mulierem
• * 1.3

  De sentent. Excommu∣nicationis cap. De mo∣nialibus.
• * 1.4

  23. q 5. cap Multerem.
• * 1.5

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