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A01107 The true dyffere[n]s betwen ye regall power and the ecclesiasticall power translated out of latyn by Henry lord Stafforde; De vera differentia regiae potestatis et ecclesiasticae. English. Fox, Edward, 1496?-1538.; Stafford, Henry Stafford, Baron, 1501-1563. 1548 (1548) STC 11220; ESTC S102496 87,647 232

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the saterdaye tyll it were daye lyght vpon the Monday And that all other festes shulde be kepte as the were commaunded bi the preistes Also kinge Edmunde did call a gret conuocacion of men of the churche secular and regular at London at the feast of Easter Edmōdis rex made spiritual lawes also in a conuocacion called a●●ōdon At whiche congregacion were Edo vlstam archbishop and many bisshoppes mo which king diligentli enquering for the soule helth of thē that were subiecte to him dyd make actes and constitucions on this maner Fyrst of al that the whiche be in holy orders and shulde teach the people of god shuld kepe them chast Of them that were within orders And geue good ensample of lyuyng accordyng to ther degre order or elles they be worthy of that thing that is spoken of in the canō We commaunde that he that will not pay his thenthes shal be excomminicate Of tēthes painge of hym that committeth fornicacion with a Nunne He that commytteth fornication with a Nunne or any Religious woman shal be punished as a Murderer who so euer shall cōmyete Pariurye shal be for euer desseuered from the compayne of god of Periury Adelstāus rex Also kyng Adelstan did proclame and make certayne constitucions consernynge Ecclesiasticall thinges the euery man shulde geue his tenthes to god as Iacob saide I wyll offer to the tenthes of all thinges that thou sendest me Of thenthes Gen xxviii And our fayth in the gospell to euery man that hath shal be geuen and he shal haue abūdance of Sertilege witches and such as tel mens Of Sorcerye witchcraft fortunes yf they kyl a man that shal be Iudged to deth also therby lawes made by Iro the king of west Saxons whiche apere to concerne spiritual thynges Iro rex And they be constitute in this wise I Iro by the grace of god kīg of west Saxons hauing cōsideracion vpō the helth of the soule and of the state of my Realme do constitute lawfuly matrimony right Iudgement to be kepte and that the ministers of god obserue and kepe the rule and teaching of holi scripture If a seruāt worke vpon the Sondaye by the commaundemēt of his master let hym be blameles Of a seruante working vpō the sonday Of baptisme of childri let the chylde be baptised within iii. days after his byrthe in payne of .xxx. s. If any man feght in the church he shal be marsed in vi Of suspendīg of churches Of false witnes pound If any man before the bysshope do beare false witnes or recorde he shal be mercid in .iii. s. And the same king hath graunted to the Abbot and couēt of glastenburi the al causes of murder of sacrilege of wichecrafte The graunte of the king to the monastery of Glastōbur● of thefte of rape or extorcion In the dysposicion of the churches In the ordinacion of clarkes in al examinaciōs longing to the court shuldbe endid after the sētēces or ordināces of them he forbade bi thaucthorite of peter paul al sayntes that no bysshope shulde set his cathedral seate wtin the Iurisdiccion of the monasterye Also the constitucions of King alureddo manifestly declare That in olde time kinges of Englād had grete authorite ī spiritual thinges Almebus rex Of fornicaciō with a mānes wyfe And this kīg made these lawes that if ani man comyt fornicacion with another mans wyf he shal paye to the husband .xxx. s. for amendes If any mā in lēt season do lye the holy oyle in any open or comenplace or in his house he shal be merced in .xxx s. that cristē mē may loue god forsake there infidelite If anye man do forsake his chrystyndome and folow infidelite he shal louse his lyfe Of hym that forsaketh he i● christendome If any man being in holy orders do steale or comytte periury let hym be punished Of him that cōmytteth theft being ī orders yf a prest at conuenyent tyme do not sende for creame or yf he denie baptyme when nede requyreth let hym dye for yt If .ii. A prest that denieth baptym shall dye brether or kynsmen do comite fornicacion with one woman let them be mersed a certen epistle of eleutheriꝰ writon to luciꝰ king of britton on this wise doth testify that diuers bysshops of Rome in tymes paste dyd not onelye not denye to kinges of England this ecclesiasticall power Some Bysshoppes of rome dyd not denye but gaue kinges power ecclesiasticall but also that that did geue it to them and that that did confesse that it was the proper office of kinges in theyr Realmes so to do Eleutherius Lucius kinge of Brittons benediction in chryste ye desired vs to sende to you the lawes Eleuthery pape ep●a lucio ●egi britannia of Rom and of themperour which ye might vse in the lande of Britō The lawes of Rome the Emperours lawes whe maye oftetymes reproue the lawe of god we can not You haue receyuid by the promission of god in the realme of Bryton the lawe and fayth of chryste Ye haue with you both the Testamētes in your Realme take of thē by the grace of god and councell of your realme a lawe and therby by the sufferance of god Rule and gouerne your Realme of Bryton for ye are the vicar of god in that realme as Psalmist sayth The lāde or the erth is the our lordes c. The pope called the kinge the vicar of god Vicarius dei regē appellat Further it playnlye appereth by a boke of the actes of the bysshopes of Durham that kinges of Engeland had great authorite in the ordinacion of bysshoppes For it is hade in the boke that Chadde was made Bysshoppe of yorke by the Kingeg made and ordeyned bysshoppes commaundement of king Oswen and Kynge Egfryde caused the reuerent Cutberte to be consecreate bysshoppe of Durham And that Edmonde preest nominate by the meruelous voyce of Cutbert was brought with grete honour to kinge Knute of whose ellection he was very glade and commaundid him to be consecrated solemlye besides that it is manifest by Mathew parison what authoryte kinges had in consecracion of bisshoppes For he doth showe that kinge Henrye dyd geue the Archebysshop of Canturbury to Raffe bysshop of London and dyd consecrate hym by aryng and a crowche And the same king as the same Mathe saith gaue the bysshop ryche of Wynchester to Wyllyam Gyfforde and bi and by put him in possession of al thinges pertayning to the bysshopriche and dyd consecrate hym as wer What authoryte kīgs had in consecraciō of bysshoppes in tymes past folowing the brothers as folowing the fathers steppes Notwithstanding that Vrbā bisshop of Rome had made a statute and forbiddon with ecclesiasticall censure that no clarke shulde take any dignite of the gifte of princes or othere laye men
sainge our lorde sayde to my lorde But there is to be noted also in this place that the kinge did geue sentence of death vppon the hiest bysshop Kinge saul gaue sentence of death vpon a chimelych the hye bysshope Saing thou shalte dye achimeliche and the house of thy father nor he is not blamed by cause he gaue sentēce of death vpon a prest but bicause he gaue vncharytable and vniust sentence against him that was gilteles salomon lykewise which belike authorite did condemne to death the hie preist Abiathar was hitherto blamed of no man bicause he gaue a wortye sentence agaynst him that deserued it iii Regst ii Salamon condemynid that hy bysshop Abiath to deth by like authorite Saull of treuth is to be noted therfore because he gaue sētence against him that did not deserue it and in the .xvii. Indicū xviii et vltio chapiter of Indicū and the last chapiter it is shewed at those dayes there was no kinge in Israell but eueri man did that thinge that he thought best by these wordes it semeth that the power of punishing did onely pertayne to kinges and princes and not to the preestes Power of punisshemēt longeth to kīges for no dowbte there were many preistes without doubte at that tyme. But bicause they had no kinge not leader eueri man lyued aftex his owne pleaser and desire because ther was no suꝑiour regal power by whose swerde they might be refrayned from vice besides that in the .iiii. iiii regū xviii booke of kinges xviii capiter this is conteyned Ezechias kīg put away the abuses of ecclesiastical thīges pulled downe the brasen serpent Sette vp by Moyses and commaunded by god when he so it abused Ezechias put awaye the hilaulters and brake the Images cutte downe the groues and brake the brasen sarpent which Moyses made for tyl that tyme the childrē of Israell dyd offer to it Ensence And whie maye not nowe the abuse of ecclesiastiall thinges and of al thinges that be with in the churche pertayne to examinacion and correction of the kinges maiesty if it be manifestly perseaued that it be against the honour of god as the good king Ezechias did to whom ther was none lyke amongest al the kinges of Iuda in kepinge all the commaundementes of god he did extende his power within the bandes of the churche And by hys newe commaundementes toke awaye the broken sarpente set ther● by the cōmaundement of god whē he sawe it honoured contrary to the honour of god If a kinge coulde chaunge that thinge which god cōmaunded to be done if it come to yll ende and that with in the churche howe moch rather might he chaunge these thinges which commaunded by the cōmaundemēt of man be yll abused it maketh for this purpos that is wrytton in the .ii. boke of Cronicles .viii. ii Parali viii chapiter and the kinge Salomon did ordeyne the offices of prestes in theyr mynisteries after the ordinaunces of Dauid his father and the leuytes in there order that they shulde geue thankes and ministre before the prestes after the ryte or cussome of euerye day the porters in there ordre by gate and gate Salomon did order the offices of prei●●es and ministers in the churche for so commaundyd Dauyd the seruaunte of god and nother the prestes nor leuites dyd breake ani thinge of the commaundement whiche the kinge commaunded them it agreeth with this that is writtō in the booke of the Cronicles .xix. ii Paralipoū xix chapiter Iosaphat dyd constitute Iudges of the erth in all Cites of Iuda Kinges did cōstitute Iudgs as leuites and prestes rulers of famylies to here and Iudge the causis of theyr brethene Of Iuda walled by euery place and comaundid them sainge take ye hed what ye do for ye haue not in hande the Iudgementes of men but the Iudgmētes of god and what soeuer ye Iudge it shal redownde to you let the feare of our lorde be with you do you althynges with Iudgement for there is no iniquite with god nor acceptacions of persons nor desire of rewardes also in Ierusalem Iosaphath dyd constitute leuytes and pristes rulers of the saumlies of Israel that thei Iudgement and cause of our lorde to al the in habitauntes therin he comaunded them sainge ye shal do so in the feare of our lorde faythfully and with a pure parfecte hart al causes of your bretherne whiche shall come to you which dwel ī ther Citis betwē kīred kired whersoeuer ani question is made of the lawe of comaundement of Ceremones of Iustificacions shewe it vnto thē that the offende not against the lorde that the displeasure of god come not vppon you and your breterne for so doinge ye shall not offende Amarias your Bysshop and prest shal be ruler our those thynges that partayne to god Further zabadias the sonne of Ismael whiche is captayne in the house of Iuda shal ouerse those things that appertayne to the office of a kinge ye haue maysters leuytes before you take ye conforte and worke diligently our lord shal be with you in your goodes nowe let vs laie this to gether breeflye the Iudgementes of the people of Israel were the Iudgements of god al thinges were determyned after the prescripcion of the worde of god of the whiche lawe of god the prestes and the prophetes were expounders and the Iudges therof were such as were electe masters in eueri tribe in al the cities onles there were any doubtfull matter for than that matter was referred to Ierusalem to the prestes and Iudge whiche shal be rulers The prestes prophetes were expoūders of the lawe of god the rulers of the tribes electe wer iudges therof In doubtefull matters the hye preest and the hye Iudge at Ierusalem gaue ●entēces together and thei shal geue sentence to gether nor it shal not be lawful for any man to dyspyse or forsake theyr sentence For whosoeuer did so it was death to him of this fasshion Iudges ordred them selfes in other Cities sawe in Ierusalem when Iosaphath the king dyd cōmitte al Iudgement to the prestes leuites rulers of families ioyn tell wherfore if kinges and rulers were Iudges of the lawe of god of those thinges which are prescribed by the worde of god of whiche they were nether makers nor teachers howe moche more maie they be Iudges of al thinges which ar cōstituted by mans lawe If kings and rulers were Iudges o● the lawe of god moche more of the lawe of mā To this purpose maketh that is in the secōde boke of Cronicles in the .xxxix capiter euen the same yere fyrste moneth of his raygne dyd Ezechias open the gates of the house of our lorde and prepared them and he brought in the prestes leuytes gathered thē together into the este strete sayd to them here me you leuites and purifye