Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	ability_n	able_a	action_n	39	3	6.6067	4	false

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A00282	An abstract, of certain acts of parliament: of certaine her Maiesties iniunctions: of certaine canons, constitutions, and synodalles prouinciall: established and in force, for the peaceable gouernment of the Church, within her Maiesties dominions and countries, for the most part heretofore vnknowen and vnpractized	Stoughton, William, fl. 1584.	1583 (1583)	STC 10394; ESTC S101664	176,465	272

they choose Steuen c. Which ordinaunce of the Apostles whosoeuer shall thinke that the same may receiue a counterbuff by an Angell comming from heauen much lesse by a pope comming from the bottomlesse pit for my part I hold him accursed and so vtterly vnworthy the name of a Disciple Secondly the sayde Canons of Adryan plainely and in flat termes are derogatorie to her maiesties prerogatiue royall and therefore by the statute of 25. Henry the 8. vtterly abolished Thirdly they are against the customes and statutes of the Realme For by all the customes of the Realme where any Mayor Bayliffe Shreiffe or head officer of any Borough Towne or any incorporation is to be elected or where any knight of the sheire any Burgesse any Constable any Crowner any Vergerer within any forrest and such like are chosen the same officers are alwayes chosen by the greatest part of such mens voyces as haue interest in the action And as touching the statutes of the realme it is likewise euident that they confirming the booke of king Edward the 6. and the Canons not preiudiciall to her highnesse prerogatiue royall giue vnto the prince nobilitie gentry and other faithfull of the land an interrest in choyce and allowance of their pastours And who can be so voyd of reason or vnderstanding as to imagine that men renewed with the spirit of wisedome in the Gospel of Christ should be carefull and diligent in the choyce of discreet and wise men to be dealers for them in matters pertayning to this transitorie life and yet should be remisse negligent what guides they approoue of to conduct them in the wayes of eternal life Or that they should be lesse prouident ouer their spirits and soules then ouer their bodyes and goodes Euery man whether he be in the ministery or out of the ministery contrary to that blind popish distinction of Layetie and spiritualtie if he be a true beleeuer is the seruant of Christ and hath the spirit of Christ and in the choyce of his Pastour shall haue a Spirite giuen vnto him to discerne whether the same be a man apt to teach or no. The confusion therefore so greatly feared by popishe Idolatours is not once to be suspected amongest Christians They had cause to feare and be affrighted hauing put away fayth and a good conscience But we haue boldnesse with confidence to approch vnto our GOD who is able and will assuredly stay the rage of the people and fynishe our actions with a quyet and peaceable issue And thus much of the face of the Church and of the choyce and consent of the people and Cleargie to be had in the ordering of ministers Touching the Latine tongue required to be in euery minister as the lawes haue alwayes had respect to a competent and sufficient knowledge therin so the Act of Parliament made the 13. Elizab. cap. 12. hath fully and at large expounded the same and limitted the knowledge thereof in these words None shall be made a Minister vnlesse he be able to aunswere and render to the ordinary an account of his Fayth in latine according to the sayde Articles And if any shall be ordayned contrary to any prouision of that Act then is he no Minister at all And thus as breefly as I coulde I haue examined these wordes mentioned in the Booke viz. calling tryed examined knowne qualities the face of the Churche and the Latine tongue what meaning and signification by Lawes in force the same wordes haue And also what order and forme our Byshoppes oughte by Lawe positiue to haue vsed in making Deacons and Ministers and what credite and fidelity her Highnesse and the whole bodie of our Church and common weal haue reposed in them for an orderly vpright and syncere disposition of these things Vnto which trust how aunswerable there seruice and gouerment hath beene I doubt not but vpon there Examinations they wil approue the same to haue bene faythful iust and equall But by way of supposition If any shall deny their fidelities to haue beene such as is pretended what remedye then or what is to be done then Hereunto I answere since the perill happening vnto others thorough their negligences in time past is vnrecouerable that therefore the Lawe established against such excesses woulde bee executed in time to come the punishment of one is a terrour to many and by feare of punishment a man is made good The summe and effect of which Lawe confirmed by Act of Parliament is this viz. Tam indignÃ¨ promouens quam indignÃ¨ promotus est deiiciendus As well the man vnworthily promoting as the man vnworthely promoted is to be deposed Proofs exaÌ„ples wherof are these In the Cap. NIHIL EST EX DE PREBEND Order was taken as you haue seene before that not onely men vnworthy shoulde not be admitted to regi-ment of soules but it is also in that place prouided incase any thing shall be otherwise vnaduisedly attempted that then not onely the man vnworthily promoted but also the vnworthye promotor should be punished Ex de aetat qualit c. penult And again it is decreed thus If they shall hencefoorth presume to ordayne any that are vnskilfull and ignoraunt which may easely be espied We decree that both the ordaynours and the ordained be subiect to grieuous punishment So. dist c. ex penitentibus 5r dist c aliquantos Againe Qui ex certa scientia indignum ordinat aut deponitur aut priuatur potestate ordinandi He that wittingly ordayneth an vnworthy man is either to be deposed or depryued from power to ordayne 1. q. 1. c. si qui epis Againe Si qui Episcopi c. If any Bishop haue consecrated any such Priest as ought not to be consecrated although in some sort they escape infamie yet they shall not thencefoorth haue ordinations neither shall they euer be present at that sacrament which they vnworthily haue administred Vpon which decree and the worde ordinations the glose flatly concludeth Quod semper est veritas quod qui promouet indignum depositionem meretur That the trueth euermore is this viz. that whosoeuer promoteth an vnworthy maÌ„ deserueth to be deposed Quia culpa reus c. glos in const otho de scru in ord facien c. 1. ver ab Bicause he is culpable committing an order charge or office to such an vnworthy person And because he is vnfaithfull communicating his ministery vnto an vnworthy man to the hurt of the Churche and honour of God which by good ministers ought to be furthered ff de exercit l. 1. Â§ magiâ—â€¦rum A shipmaister or an Inne keeper vsing the seruice of an euill mate or ship boy or of an vnthriftie Tapster or Osteler is to make restitution if any thing imbezeled from his passengers or Guestes for the negligence of either of these in this case is punishable Quia opera malorum seruorum vtitur Because he vseth the seruice of euill seruants By which lawes

graunted For in truth either the defect of the qualitie of the person or the want of a iust cause in lawe doth frustrate and make voyde euery dispensation For neither can a man qualified and in all respectes capable of a dispensation enioye the benefite thereof vnlesse he maye also enioye the same vpon a good ground and iust cause warranted by lawe Neither can a iuste cause and good ground approoued by Lawe bee sufficient matter to induce a Iudge to graunt a dispensation to him that is vnable and vnapt to receiue the same A man well Lettered singularly qualified and endued with vertue and godlinesse or of some noble house and parentage is by Lawe a fit and meete man to enioye moe benefices by dispensation then one Neither is it a sufficient qualification for one destitute of learning to become a Chappleine onelye to some Noble man For the statute prouiding that some Noble mens Chappleines shoulde be made capable by dispensation to retayne moe benefices doth not thereby take away the qualities requyred to be in such persons by common right but addeth a new qualitie requisite to be had of euery one and so maketh the law stronger and of more efficacie against pluralities Panor in c. ex parte l. 3. de verb signi fi fol. 189. nu 3. Statuta debent intelligi quod aliquid addant iuri communi Statutes ought so to be vnderstoode that they may adde somewhat to common right Extr de prebend c. ff de multa Circa sublimes literatas personas quae maioribus beneficiis sunt honorandae cum ratio postulauerit per sedem apostolicam poterit dispensari Concerning men of Nobilitie and learning who with greater benefices are to be honoured the Apostolike sea if reason shall requyre may dispence with such And in an other Chapiter the same is confirmed Extr. de elec c inâ—â€¦otuit MVLTA ENIM in hoe casu dispensationem inducere videbantur literarum scientia morum honest as vitae virtus fama personae multipliciter a quibusdam etiam ex fratribus nostris qui eum in scholis cognouerant approbatae Manie thinges in this case seemed to leade to the graunting of a dispensation his learning his honest conuersation his vpright life and the good report of the person diuersly commended euen by some of our brethren which knew him at schoole These giftes and graces these qualities and these conditions are incident and appertayne by common right to these men that by way of dispensation maye possesse manie benefices Whosoeuer then is not commendable for his learning for his honesty for his sincere life or not of some auncient and noble familie the same man by lawe is vtterly barred and secluded from this benefite The second qualitie requyred to the validitie of euery dispensation is the waightinesse of some speciall cause as appeareth in the Chapiter before recited in these wordes Cum ratio postulauerit When reason requyreth Extra de voto c. 1. And againe we aunswere sayth Alexander the thirde in a decretall Epistle written to the Bishop of Exceter that it belongeth to the iudgement of him that is President that he consider diligentlye the cause of commutation and so accordingly to dispence And by the Chapiter Magnae Extra de voto It is playne and euident that there must be some speciall cause knowen for the which euery dispensation is to be graunted For as I sayde before to the ende that euery dispensation be good and auaylable by Lawe there is requyred necessarilie both the abilitie of the person to whome and the iustice of the cause for which the same ought to be gyuen For neither maye an able man without a iust cause neither a iust cause without an able man mooue the Iudge in anywise to dispence And to tell you what these speciall causes are in few wordes they are these vrgent necessitie and euident vtilitie of the Church Extra de ele c cum nobis Propter vrgentem necessitatem euidentem vtilitatem ecclesiae Capuanae quam in hac parte potius approbamus volumus ipsum firmiter perdurare Necessitie vtilitie of the church only iust causes of a dispensatioÌ„ For the vrgent necessitie and euident vtilitie of the Church of Capua which on this behalfe we rather haue respect vnto our pleasure and will is that he continue It is vnlawfull by common right for a Monke or Layeman to be admitted to the gouernment of any church with cure of soule yet notwithstanding if by reason of warre famine persecution or other extraordinary cause the office of pastorall teaching did cease so that the people had none to instruct them in the way of saluation 1. q. 7. requiritis Â§. nisi now in this case it is lawfull for him that hath authoritie to dispence with a Monke or Layeman endued with learning to the ende he might by instruction bring the people to knowledge It is vnlawfull that children borne of a Nun violently taken away and marryed should be admitted to any Ecclesiastical orders NotwithstaÌ„ding if the great profit or necessitie of the church require they may by dispensation be admitted Suppose there were a custome of long coÌ„tinuaunce and time out of minde in the Church of Paules contrary to the first foundation of the Church that not onely the Prebendaries daylye present at diuine seruice but also others absenting them selues should receiue euery one a like some dayly pention either in money or some kinde of victuall this custome by law is voyd because it is vnreasonable And yet notwithstanding anye iust and necessary infirmitie of the body of any prebendary or euident vtilitie of the same Church may be a lawfull and sufficient inducement for the Ordinary to dispence with the not restoring of that which was vnlawfully taken vnder pretence of the former custom If by the first foundation of the church of Paules twelue prebendaries were appointed to be maintayned by the reuenues of the Church and the sayd reuenues were not sufficient for the maintenance of these twelue the Bishop then in this case if the necessitie and vtilitie of the Church so requyre maye annect certayne other Chappels for the maintenaunce of the sayde prebendaries These examples do sufficiently prooue that euery dispensation priuiledge or immunitie ought to be graunted vpon some iust and reasonable cause and that the sayde iuste and reasonable cause ought euermore to be the vrgent necessitie and euident profit and commoditie of the Church And that the sayd vrgent necessitie and euident commoditie of the Church ought euermore to be vnderstoode the well gouerning of the soules of the people If therfore neither vrgent necessitie or euident vtilitie of the Church requyre that any one should haue many benefices yea rather if it be most profitable and necessarie for the Church that one man should haue but a liuing appoynted for one man and that by ioyning benefice to benefice and Church to Church the Church indeed is

the lawes are not onely vnprofitable but also are to be accounted for thinges vndon And thus much concerning the causes circumstaÌ„ces of dispensations for many benefices It followeth theÌ„ in the description of a dispensation as you haue seen that the same ought to be granted cum causae cognitione with knowledge of the cause the reason is this Glos Extrauagan de prebend dig c. execrabilis ver vltima Duo sunt in dispensatione necessaria authoritas dispensantis factum per quod dispensatur Nam in quolibet actu considerari debent duo factum modus Two things are necessary in a dispensation authoritie of the dispenser and the fact whereby he shall dispence For in euery Act two thinges are to be considered the fact and the maner of the fact And therefore a magistrate hauing authority to dispence ought not vpon the bare assertion and simple allegation of any person disirous to be priuiledged and to haue the Magistrate to mitigate the rigour and extremitie of common right graunt any such mitigation vnlesse the partie first alleadge and by some lawfull proofe make manifest vnto him that both touching the abilitie of his person and the necessitie of his cause there ought in equitie an exemption and immunitie be graunted vnto him For Priuilegia sayth the Lawe ff de minori l. de etate d. ex de priuil c. sane 7. q. 1. potuisti bast l. 1. de col l. ver are preiudicialia magnum pariunt preiudicium ideo sunt cum plena causae cognitione tractaâ—â€¦de priuilegium non est dandum nisi certa ratione inspecta non subito sed cum magna deliberatione Priuiledges are preiudicall breede great preiudice and are for this cause to be handled with a plenarie decision of the cause And a priuiledge is not to be giuen vnles the certain reason therof be foreseen and not sodenly but with great deliberation aduise In which deliberation aduisemeÌ„t taken by the iudg first the allegation or petitioÌ„ of the party agent or suppliant secondly the prone manifestation of the same his perioÌ„ is to be coÌ„sidred For no dispensatioÌ„ ought to be graunted at the proper motion and pleasure of the iudge alone but euery Dispensation ought to be granted at the instance and petition of the party alone Â§ Hoc autem iudiciuÌ„ ff De dam. infect ff De regni sur l. inuito extra de Symo. Licet heli Cod. de fidei com liâ—â€¦ent l. si Quiae laxari iâ—â€¦ non debet nec solui nisi parte postulante inuitâ— non debet beneficium conferri Et sententia debet esse conformis petitioni Et index semper debet indicare secundum allegata probata Because the Lawe ought not to be released or remitted but at the petition of the partye and a sentence ought to bee conformable to the demaunde and a iudge ought euermore to giue sentence according to thinges alleaged and thinges prooued And therefore sithence no other cause by Lawe may be alleaged in the Court of faculties for the graunting of any dispensation for many benefices then the very apparant vtility and vrgent necessity of the Church I conclude that the iudge his duety office is in any wise not to admit any other maÌ„ner of allegation but to pronounce the same altogether friuolous and to be of no valew in Lawe The Doctorship the Chapplainship the worship of any ecclesiasticall person are not sufficient causes in this behalfe alone vnlesse also together with the same meete and concurre the profite and necessity of the Church And if the said allegation as vaine and friuolous be to be reiected then no Dispensation thervpon ought to be graunted for otherwise the Iudge should of necessity eyther allow other causes then the Lawe doth allowe or else pronounce iudgemente otherwise then according to the demaund both which were too too greate absurdities And therfore out of the former rules and principles of Lawe I argue thus 1 Whatsoeuer is hurtfull and preiudiciall the same ought aduisedly and vppon consultation to bee graunted 2 But Dispensations are hurtfull and preiudiciall 3 Therefore dispensations ought aduisedly and vppon consultation to be graunted Extra de priuilig c. sane And if euery dispensation ought to be graunted by sentence vpon some consultation had that then euerye sentence vpon some consultation had ought to be giuen according to thinges alleadged and thinges demaunded Extra de simo c. licet heli IN which allegation and demaund to the ende the sentence may be conformable to the demaunde and so effectuall in law must be foreseene two things First that there be expressed no false or erronious cause Secondly that the same hide or conceale no truth Glos in extrauag execrabilis de prebend ver ex dispensatione For Ea dicitur legitima dispensatio in qua nihil tacetur vel nihil exprimitur quo expresso vel lacito princeps verisimiliter duci potest ad dispensationem denegandam That dispensation is reputed lawfull wherein nothing is concealed or nothing is expressed that beeing concealed or expressed the prince may be likelihood be induced to deny the said dispensation If then euery sentence must be conformable to the allegation and euerye iudgement agreeable to the demaund and that neither out of the sentence for a dispensation any knowen truth or manifest equitie ought to bee concealed neither in the same any salse or erronious cause ought to be expressed it followeth of necessitie that euerye allegation made for a dispensation ought to be of the same nature and of the same condition and that euery allegation not of the same nature and condition is an vnlawfull allegation and an vnequall petition Moreouer euery one that hath authoritie to dispence ought to keepe this rule Glos in extrauag coÌ„i col 3. ver Vt statuat vel disponsit contra ius aut contrascriptum si aequitas quae mouet ipsum mouisset legislatorem si casus nunc emergens esset sibi expositus That they ordayne or dispence against law or against writ if such equitie as mooueth him might haue mooued the Law-maker himselfe to haue graunted a dispensation had the case now growing bene proposed at the time of the law making to the law maker It followeth then againe that equitie beeing the cause of the sentence for a dispensation the same equitie must also bee the cause of the allegation for a Dispensation For if the iudge must giue a dispensation where equity requireth the party must then demaund a Dispensation where equity requireth For equity is always the foundation and grouÌ„dwork of a dispensatioÌ„ And what equity eueÌ„ such equity as might iustly haue mooued the Lawemaker to haue graunted a dispensation Nowe then because the Lawmaker authorising the Archbysh of Cant. to giue Dispensations hath beene the high Court of Parliament It followeth that the Archbysh may dispence onely in such cases as wherein the high

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