Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	new_a	part_n	testament_n	2,730	5	7.9160	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68826	A treatise co[n]cernynge diuers of the constitucyons prouynciall and legantines	Saint German, Christopher, 1460?-1540, attributed name.	1535 (1535)	STC 24236; ESTC S118513	34,179	112

custome of Englande make theyr testamentes but shall suffre that executours of their testamentes / frely to dispose and order the same And the seyde Constitucyon is in the thirde boke / in the tytle of testamētes And begynneth Ita quorundam et infra And if the seyde Constitucyon / and the lawe of the realme also in that poynte were refourmed / And that it were appoin ted / that the goodes of clerkes shuld be charttably disposed aff their deth specially suche as they haue by anye spirituall benifyce / in suche maner as shuld be thought cōuenient by parlyamēt and conuocation It shulde seme to be a good charitable dede ¶ The .xiiii. chapiter IT apppereth so euydently in scripture / both in the olde testament and in the new that the people are bownde to fynde to their spirytuall ministers a suffyciēt porcyon of their goodes to lyue with that it nedeth nat to expresse here any certane auctoritye therof / and for a recompence of that certayn porcion / it is vsed in this Realme in maner vniuersally / that the peple shall pay to their spiritual ministers the tenth parte of their encrease / which tenth parte many spirituall ministers clay me to be due to theym by the lawe of god And therfore it is sayde in the third boke / in the tytle of tythes and oblatyons / that they that paye the eleuynth shefe for the tenth / dispyse the cōmaundemētes of the olde and new testament / the whiche pretence excludeth all customes and prescriptions that mighte be had contrary to the tenth parte And syth it is well knowen / that it hath ben in late tyme / also yet is in question and in doute whether the tenth parte be grounded vpon the lawe of god / or vpon the lawe of man It semeth that good charitie wolde / that for the clerynge of the conscyence of many mē / it shul de be clerely and plainly determyned whether it be soo or nat And if it can be proued to be a morall lawe of the olde Testamēt / or to be assigned by any authorite of the Newe testament / that the tenth parte shulde be payde / I trust no man wyll resyst it And if it can nat be proued that the tenth parte is by the lawe of god thā of very ryght the olde resonable customes of payeng of tythes muste be obserued / as well by theym that aske tythes / as by them that pay them / and than if any man wyll denye to paye his predyall tythes after the olde custome / or that any curate wolde eske any more than right requireth / It semeth reasonable that he be enforsed by compulcyon of lawes to kepe the custom Howbeit some lawes seme nat reasonable of payenge tythes That is to saye that tythe shul de be payed of the skynnes of the she pe that dye to the losse of the owner ne yet that the tythynge of the odde lambes or calues shulde be set ouer tyll another yere / to the entent the curate in the seconde yere maye haue a tenth lambe or calfe / that in the same yere coulde nat haue had it Also it semeth a very sore lawe that seruantes shulde tythe for their wages / or that any man shulde be sewed for preuy tethes / which lyeth nat in outwarde profe / though it be rightgood to pay suche preuy tythes / as conscience requireth And yet it semeth to be the moste straunge lawe of all the other / that Persons / vycars / and parysshe preestes / shall vpon a payne be compelled to sewe for tythes / that they may natsyt styl if they lyst / and that is by a constitucion in the third boke that begynneth For so moche as through dyuers customes c. And all the other artycles before rehersed appere in the Constitucyons in the tytell of Tythes and Oblacyons Nat all in one peragraf / but in seue rall peragrafes / as to the reder wyll appere / and if they were reformed it semeth it were a good dede Also to bere the people in hād that the tenth parte is due to curates and spirituall mynysters by the immediat lawe of god / and it nat so / is a great offēce for it is an affyrmaunce of an vntruth / and many persones haue ben compelled therby to paye the tenthe parte / contrary to the olde custome vsed in those parties where the curate hath had ynow besyde / wherfore it semeth better the more charytable way for the ministers of the churche to confesse if the truth be so that the .x parte is grounded only vpon the custome law of man / that it began by the good assent of the people / thā to clayme the .xx. ꝑte to be due to thē by the Immediat lawe of god / and yet vnder that pretence a lawe is made in the sayd tytle of tythes oblacions / whiche begynneth All be it god hath promysed c. Wherby it is decreed / that tythes shal be payed generally of wode / that is agaynst a statute of this realme / made in the xlv yere of the reigne of kynge Edwarde the thyrde / wherby it is enacted / that a phibicion shall lye where a man is impledid for tythe of wode of the age of .xx. yere / by the name of Siluacedua / As it had done in tyme past / and it semeth nat good to suffre a Constitucion to stand so dyrectly agaynst a statute / but it be opēly declared why it ought so to do The .xv. chapiter IT is a daungerouse thynge to fall in to the Censures of the churche / and therfore they wolde nat be gyuen but for great causes And in such playne and open maner / that euery man that wolde with dilygēce take hede to it might knowe whether he offended in that thynge that they were gyuen for or nat but the more pytie is / the censures of the churche be many tymes extended in such a generall maner / and in so many cases / that no man can well knowe howe to eschewe them / and that appereth many tymes in the cōstitutions / as whā men be a cursed for breakynge of the churches lyberties / and exp̄sseth nat what the liberties be And in the said tytell of tithes and oblations / in the later ende of the constitution / which begynneth Men are so blynded c. Is this generall lawe made / that all and synguler / such as worke wicked inuentions and deceytes / by the whiche the rightes or the aprobate custo mes / or the lyberties of the church be in any thynge dimynisshed / or suffre any iniury / domage / or grefe / cōtrary to the churches lybertie / shall be wrapped in the bonde of the great excōmunicatyon / their absolucyon reserued specially to their diocesan / the poynte of deth onely excepted And in a constitucion which is in the fifth boke / in the tytle Contra grauamina c. And begynneth Cum malum et infra

be lerned in the lawes of that realme can best determin whether it be so or notte And if the lawe of the realme be therin as I haue sayd / than can it nat be chāged by no constytucyon And thā if the lawe be as I haue sayd before / it foloweth therupō also / that if a man take two benifyces without a pluralytie / that both be forthwith voyde But if he than take the thyrde / that is nat voide For the two fyrste were none of his / whan he toke the thirde But if he after take the fourthe / than are the thyrde and the fonrth voyde also ¶ The tenth chapitre THe lawe of the Realme is that whan a benefyce falleth voyde / and the patron presenteth an able a mete clerke to the Ordynary / that the Ordynary is bounde vpon the payne of a Quare impedit / and to be taken as a dysturber / to admytte that clerke so presented / in as conuenyent tyme as he may / with out any notable delaye And yet it is decreed by a constitucyon / that is in the thirde boke / in the tytle of clerkes that be non resydent And it begynneth Cum secundum apostolum et infra That the bisshop in no meanes shall dyfferre aboue two monethes to admyt him that is presented / wherby it appereth that the meanynge of the cōstitucion is / that he shuld haue power so longe to delaye the prsentement / if he wyll / and that is dyrectly against the lawe of the realme for he is bounde to presente suche an encombent in as cōuenient tyme as he can all notable delayes set aparte as is aforesayde ¶ The eleuynth chapiter IF a bysshop / abbot / priour / or any other spirituall man that hath temporall possessyons / wyll alyeu any of the seyd possessyons / there is an ordre set by the kynges lawes / vnder what maner that Alyenation shall be made And if an alyenation be made accordyng to that ordre / it shall be good perfite for euer And none other hath power to make any lawe to the contrary therof And yet there is a constitucyō made in the thirde boke / whiche is in the tytle of gyftes of prebendes / it begynneth That the churches indempnyties c. Wherby it is decreed that no Abbot / or Pryor / no Archedeacon or Deane / ne any other inferior clerke / p̄sume to selle / pledge or morgage / or to gyue in fee of new or any other wyse to alyenat the possessyons or profyttes of dygnytie / or churche that is commytted to theym / the forme and maner of the Canons therin nat obserued / and that if any dare do the contrarye to this / bothe the thyng that is done shall be of no value / and also he that doth it shal be depreued by his superiour / excepte that he wyll cal backe agayn that he hath alyenat withi a tyme prefyxed by his superiour / and the sayd Cōstitucion goth yet ferther sayth And he also that herefater receyueth the churche goodes and after he is warned presumeth to witholde thē shal be stryken with the swerde of excōicacion And in no wyse shall he be heled of that woūde tyll he haue made restitucion All which lawes be dyrectly agaynst the kynges p̄rogatyf the lawes of the Realme / wherfore it were better that they were put awaye / than to be suffred to stande any lenger / as though they were of effecte / and be nat so indede ¶ The twelfth chapiter IF a womā haue goodes and take a husbande / all the goodes that she hath at the daye of Martagear her husbandes In so moche that if she after that / make a wyll and dye / that wyll after the lawes of the realme is clerely voyde And if she aske lycence of her husbād to make a wyll / and he wyll none giue / he offendeth nat But if a woman haue goodes as an executryce / and take a husbande / those goodes be nat the husbandes But he shall haue them to the vse of the fyrst wyl And if the wyfe in that case / by the lycence of her husbande make a wyll and appoynt another to be her executour and dye / that wyll is good / and that executour shal haue those goods fro the husbande And shall haue all accyons as executour of executrice to execute the fyrste wyll / and also if a man be bounde to a woman by an oblygacyon in an hundreth poundes / and after she taketh a husbande / and she by the lycence of her husband maketh her husbāde or any other her executoure that wyll is good / and he or they so made executours shall haue an accyon vpon that oblygacyon And if no suche wyll had ben made / the husbande ne no nother shuld nat haue hadde any action vpon that oblygation / vnlesse they take a letter of administration as administratours to the wyfe And than there is a generall cōstitucyon made in the third boke / in the tytle of Testamentes which begineth Callyng to mynde the statute c. Wherby all they be accursed / that let the fre makyng of testamentes / of ascriptis / and of other persones of seruyll condicyon And of women also / both maried and vnmaryed / or of their owne wyfes / or of other mēnes wyues And all that constitucyon / as to women couerte that haue no goodes / but as before appereth / is clerely voyde against the lawes of the realme And also of villaynes / the lawe is that if the lorde make a generall seaser of the godes of his vyllayne / that all the vyllaynes goodes be his And of that it foloweth that the wyll as to tho godes is voyde / and that neither there cutoure nor ordinarie may nat wast any of tho goodes for prouyng of the testament But if he were an executour / or if his lorde made no seaser / than he might laufully make a wyll and the wyll were good But if ther be suche a seaser / the wyll is voyde and of none effecte And than if the vyllayn haue none other goodes / the wyll is voyd and nedeth no probate ¶ The .xiii. chapiter THere be diuers good lawes and Canons made whiche nede nat here to be rehersed / whereby it is appoynted howe the goodes of the clergie shall be dysposed in charitable vses after their deth And there be but fewe cases where a clerke after tho lawes shulde make a wyll And the lawe of the realme is / that clerkes may make their willes as lyberally as any lay man may and that though they haue theym for their spirytuall ministratyon And the conuocacyon perceyuynge the fauour that the lawes of the realme beareth to clerkes in that behalf / haue ordeyned that bysshoppes and other Ecclesiasticall Iuges of the prouynce of Cauntorburye / shall in no wyse by any crafte or colour / medle with the goodes of clerkes benefyced / whiche maye by the