Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	body_n	soul_n	spirit_n	3,520	5	5.4686	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A19392	An ansvver to the two fyrst and principall treatises of a certaine factious libell, put foorth latelie, without name of author or printer, and without approbation by authoritie, vnder the title of An abstract of certeine acts of Parlement: of certaine hir Maiesties iniuctions: of certaine canons, &c. Published by authoritie.	Cosin, Richard, 1549?-1597.; Stoughton, William, fl. 1584. Abstract, of certain acts of parliament.	1584 (1584)	STC 5819.7; ESTC S121272	391,855	496

speciall charge is giuen for inferiour offices And so no doubt he will forthwith conceiue the truth and surcease this furmise for otherwise the decree following shal conuince him manifestly of an errour Pag. 5 PRAESENTI DECRETO c. By this present decre we Bx. de paenit remissio c. cum infirmitas The soule is first to be cured charge and straightly commaund that the Phisitions for the body when they shall be called to any sicke persons they first warne and induce the patients to call for the phisitions of their soules that when they shall haue pronision for spirituall health they may proceede to the more holesome remedie of bodily health considering the cause ceasing the effect likewise ceaseth Here you see the law is generall and extendeth to all in generall as well to poore gentlemen and poore parishioners as to greasie Monkes Friers and Canons seeing the soules of both may he infected and the reasons may be thus gathered 1 That which is most pretious is first to be cured and that which is spiritually diseased is spiritually to be cured 2 But euery mans soule is most pretious and euery mans soule is spiritually diseased 3 Therefore euery mans soule ought first to be cured and euery mans soule ought spiritually to be cured OUt of which conclusion followeth this consequent namely sithence euery soule is spiritually infected and euery soule spiritually infected must be spiritually cured that therefore euery soule ought to haue a spirituall Phisition able to apply a spirituall medicine and to cure his spirituall disease otherwise it were absurd to command that spirituall diseases should be healed without spiritual phisitions appointed to that purpose But this is too too plaine We wil proceed CVM SIT ARS ARTIVM c. Considering the gouernement Ex. de aetat q●ual● c. penult of soules is an Art of al Arts wee straightly commaund that the bishops either by themselues or by other fit mē do instruct or diligently informe them that are to be promoted to be Priests touching holie offices and Ecclesiasticall Sacraments how they may be able rightly to celebrate them For if they shall hencefoorth presume to ordaine such as are vnskilfull and ignorant wee decree that both they that do ordaine and they that are ordained be subiect to greeuous punishment For it is a thing more holy especially in the promotion of Cleargie men to haue a fewe good ministers then a great many euil because if the blind lead the blind they both shall fall into the ditch 1 Unskillfull and ignorant men ought not to be admitted to an office wherein greatest knowledge and cunning is required Pag. 6 2 But to the gouernment of mens soules greatest knowledge and greatest cunning is required 3 Therefore to the gouernment of the soules of men vnskillfull and ignorant men are not to be admitted THe first proposition is proued by two reasons the one à comparatis by a comparison the other ab euentu from the euent The second proposition is the reason of the lawe it selfe because the gouernment of soules is ars artium a cunning past all cunnings The former reason which is by way of comparison is euident It is a thing much more holy to haue a litle good then much euill wherevnto agreeth that which is written in the 23. distinction chap. Tales Tales ad ministerium eligantur clerici qui dignè possunt c. Let such Clearks be thosen vnto the ministerie which may worthily handle the Lords Sacraments For it is better to haue a fewe Ministers which may worthily exercise the worke of God then many vnprofitable c. And in like case the Emperour Melius est pauca idoneè effundere D. Cod. De veter lure enuclea l. 55. contrariuam Authen De tabell coll 4. Authen De referen in fi●e coll 2. quàm multis inutilibus praegrauari melius est pauca agere cautè quàm multis periculosè interesse multitudo onerosa nihil habet honesti It is better to vtter a fewe things aptly then to burthen men with many things vnprofitably and it is better to doe a fewe things warely then to be conuersant in many things daungerously And a multitude altogether burdensome hath no shew of honestie And againe the Canon concludeth Tutius est ea sine periculo ex necessitate quae legem non habet omittere c. It is more safe to omit those things without danger vpon necessitie which hath no law then that through rashnes condemned by lawe they should not without great danger be vainly conferred Whereas a certain shadow only may appeare in the deede but no truth follow in effect Pag. 7 All which principles by common experience are so wel and familiarly knowne vnto euery one of vs that they neede few colours to paint them out For as touching our foode diet our furniture apparel our pastimes pleasures our busines affaires we can euery mothers son deeme it farre better to haue a litle sweete holesome meate cleanly dressed then many dishes vnsauourly seasoned that a woman fine and neat in simple attyre is more to be commēded then one vngainely apparelled in sumptuous robes That a man were beeter to keepe one proper horse or one high flying Fawcon a kilducke then ten resty iades or ten bangling bussards That one discreete painefull and diligent seruant will doe his maister more honestie and get him more lucre and aduantage then twenty idle and loytering merchants And can we be so prouident for our bodily sustenance so vigilant for our earthly pleasures so circumspect for our worldly affaires and shall we be altogether blocks and without all sense of vnderstanding what is most healthfull most pleasant and most profitable for our soules Can we be wise touching the affaires of this life and shall we be foolish for the life to come Can we be heedefull for matters momentanie and of no value or continuance and shall we be heed elesse in matters of eternitie and such as concerne our beatitude for euer If any man thinke that a fewe good ministers wil not serue to bring the people of God vnto God wil he therefore conclude that he may lawfully appoint many Ministers of the deuils culling to bring them to the diuell The second reason is taken from the sequell or euent which might happen if remedie were not sought If the blind lead the blind they both shall fall into the ditch And it hath many other grounds and conclusions of lawe to found it selfe vpon namely Talis debet eligi cuius comparatione caeteri grex dicantur 15. Distine nomine Constitutio Otho quam ad venerabiles Et minister debet esse forma gregis ad quam se debent subditi reformare debent esse ministri in exemplum quasi signa posita ad sagiuandum Pag. 8 Such a man ought to be chosen to haue the charge of a flocke in comparison of whom the multitude he hath to

that a minister made though farre vnder that sublimitie of perfection which he fansieth is not rightlie and dulie called But in truth that rule which saith It is all alike that a thing be not done at all or not to be done as it ought is especiallie to be vnderstood where a man is exactlie tied to performe some thing in this or that sort wherein the bond in rigor of law is not satisfied except the precise forme and maner of the couenant be obserued But as the physicians doo teach vs that a man may be trulie said to be in health though he haue not that most exact temperature of qualities in which nothing is superfluous nor wanting bicause he is In latitudine sanitatis euen so bicause the sufficiencie required in a minister consisteth not in a point of perfection where no degrée of more or lesse is admitted but hath his latitude if I may so terme it a man may well inough 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deserue the name of a sufficient minister which dooth not attaine to the highest degrée of comparison So there is a rule that it is in effect all one not to be and not to appeare to be Which though in a iudge who must followe Allegata probata it haue his place yet to other intents it cannot be said that a thing is not at all bicause it appeareth not As to the other rule which he bringeth that he is not said to paie which paieth lesse than he ought euerie child knoweth that though it be no full satisfaction yet if the creditor doo demand the whole summe hauing receiued part Dabitur aduersus eum exceptio de dolo And here in England if the obligor accept of part of his monie it is a barre against him that he cannot sue the forfeiture And therefore as it may trulie be said that a man paieth monie though he paie not all that he ought so may one well inough be said to be a minister though he be not so exquisitelie qualified as might be deuised 6. Section Pag. 11 12. THis § Pro defectu scientiae quoted False quotation with corruption in the margent Ext. de Praebendis C. venerabilis and brought by the author to prooue that He which hath vnworthilie taken vpon him the gouernement of anie church may foorth with forgo and renounce the same if it had béene honestlie handled and had made so fullie to his purpose as he would séeme he would not haue set vs a worke thus vpon a paire of tarriers to séeke it where it was not or else he would haue noted it amongst other as a fault escaped in printing But the saieng though fondlie depraued by him is found C. nisi cùm pridem Ext. de renuntiatione and no tidings are of it in the place whither he sendeth vs. The text it selfe hath For the most part a man may desire to giue place for want of knowledge which in his allegation is altogither omitted as though it were generall The text hath Praesul salubriter ei renuntiat The Bishop or prelat dooth not amisse to renounce the church to him committed which he must gouerne in both that is in spirituall and temporall things The Abstractor in stéed hereof hath Let it be lawfull for him that hath charge to gouerne the church in these things to renounce c. omitting wholie the word Praesul bicause he would haue retched it out to haue serued to euerie inferiour minister being neuerthelesse sufficientlie bewraied by those words About the charge of temporall things in which also as in spirituall things he which is here spoken of is to gouerne the church wheras in inferiour benefices there are no temporalties to be gouerned in right of such churches But the insufficiencie of knowledge which here is vnderstood and the authors plaine dealing herein is set out sufficientlie in the verie next word following Neuerthelesse although notable or eminent knowledge is to be wished for in a pastor yet competent knowledge in him is also to be borne with bicause according to the apostle Knowledge puffeth vp but charitie dooth edifie and therefore the perfection of charitie may supplie that which is vnperfect in knowledge * C. post translationem d. Whereby appeareth that euerie insufficiencie of knowledge yea in a Bishop much lesse in a minister is no sufficient ground for him to desire to giue place and to resigne but such ignorance and want of discretion as maketh him vtterlie vnfit to wéeld the spirituall and temporall matters of his church And where the text saieth He may desire to giue place it ouerthroweth the purpose for which it is by the Abstractor alledged as though a man might of himselfe foorthwith forgo and renounce his charge whereas * C. d. in fine C. dilecti d. C. quidam tendendi d. C. admonet d. C. literas d. C. cùm venerabilis Ext. de consuetudine indéed he is to desire it at his superiours hands or else he cannot resigne nor be deuested of his function And therefore the Maior of his second syllogisme of this section pag. 12. is not simplie true as by these laws here quoted more fullie may appeare 7. Section Pag. 12 13 14. IT is not denied but that the debilities and infirmities of age may be such as it should be requisite the superiour to giue such a one vpon his request leaue looking sufficientlie into the cause to giue place vnto another more able to execute that function and in case he doo not desire the relinquishment of it then * Ext. de clerico aegrotante per totum c. quia frater 7. 9. 1. the law in such cases prouideth that a coadiutor with some competent portion out of the liuing be assigned vnto him and not that he should violentlie be thrust out from a right * Reg. sine culpa de regulis iuris Pontificij once growne vnto him without his owne fault contrarie to all reason example and humanitie It were too lamentable that men which either as magistrates or councellors in the common-wealth or as faithfull stewards in the Lords house haue by due desert atteined dignities and offices during their life by reason of Gods visitation by sicknesse or for his blessing of manie yeares and old age which of it selfe as physicians saie is Quidam morbus should as old hounds be vtterlie shaken off to the wide world And where the Bishop mentioned in this canon did desire of the pope in regard of his age and infirmitie that by his aduise he might place another in his stéed our author plainelie falsifieng the text translateth Cum nostro consulto Falsification of the law Without aduise to the intent he might iustifie that without licence of his superior a Bishop or minister may renounce their function Yet euerie debilitie of bodie arising of infirmitie or of old age is not a sufficient cause whie a man either should desire or haue libertie granted to resigne And * C.

hath preiudiced himselfe therefore let him secke his liuing by his owne craft because whatsoeuer hath once pleased him ought not anie more to displease him And let euerie one walke in that vocation 70. distinct sanstorum 21. q. 1. c. primo glos extra de rescrip c. si proponente ver minus ff 91. distinct quiautem wherevnto hee is called and let him doe according to the example of the Apostle saying These handes haue ministred vnto mee all thinges that were wanting And let him that is forbidden to get his liuing by filthie lucre and vnhonest merchandise haue a stipend of the oblations and offeringes of the Church but in case the Church bee not sufficient let him after the example of the Apostle who liued by the worke of his handes get by his owne industrie or husbandrie those thinges that are necessarie Out of these lawes against dispensations graunted vnto priuate persons in respect of priuate necessitie I conclude thus 1. If priuate necessitie and pouertie were a suffcient cause to inioy a dispensation for many benefices then should priuate necessitie haue beene warranted by Laws heerevnto 2. But priuate necessitie or pouertie is not warranted by Lawe to bee anie sufficient cause for a dispensation 3. Therefore the necessitie or pouertie of a priuate person is not a sufficient cause for a dispensation Pag. 142 THE first proposition is grounded vppon the verie nature and essence of a dispensation for the same beeing as is sayde before of the nature of a Priuiledge cannot otherwise bee graunted then vpon a iust cause ratified by Lawe The second proposition being a generall proposition negatiue of the Lawe cannot better bee manifested then by a speciall repetition of the thinges permitted by Lawe according to this rule Quod in quibusdam permittitur in caeteris prohibetur That which is permitted in some certaine things the same in other thinges is forbidden And therefore the Lawe allowing either vrgent necessitie and euident vtilitie of the Church or some excellent qualities of the minde or discent from some auncient parentage to bee onelie causes of dispensation excludeth all other causes whatsoeuer And as touching necessitie and pouertie of priuate persons the Lawe absolutelie appointeth other meanes to releeue the same then by waie of dispensation Neither can it bee found in the whole bodie of Lawe that pouertie alone is anie sufficient cause to procure a dispensation for manie Benefices For the Lawe accounteth him alwaies to haue a competencie and sufficiencie which hath Victum vestitum meate drinke and apparell which is prooued thus luxta sanctum Apostolum 12. 9. 1. E. Episcopies ver 9. 2. c. Episcopu● sic dicentem habentes victum vestitum hijs contenti simus according to the saying of the Apostle hauing foode and apparell let vs content our selues with that And heere wee learne both what hee that hath taken vnto himselfe a charge hauing but a small stipend annected therevnto ought to doe in case it bee not sufficient that is that he ought to labour and trauaile with his owne handes in some honest handie craft and also what by lawe is reputed and taken to bee a competent and sufficient maintenance euen foode and apparell Moreouer if a man willinglie without compulsion enter into a charge knowing before hand the stipend due vnto him for his trauaile to bee small hee may not lawfullie afterwardes complaine but Pag. 143 if is wholie to be imputed to his owne negligence and f●llie that he was no more circumspect better to prouide for himselfe at the first If a man knowing a woman to haue lead a loose and dissolute li●e take her to his wife hee cannot for her former mis demeanour giue her afterwardes a Bill of Deuorcement Quod semel approbaui iterum reprobare non possum That which once I haue approued and allowed I cannot afterwardes disproue and bi●allowe Neither in truth for ought that euer I perceiued by the want of anie pluralitie man if he rightly examine his owne conscience can he pretend anie necessitie and want of liuing for himselfe to be anie iust cause of his foule disorder heerein May Caietane Cardinall of Brygit whose annuall reuenues by his Cardinalship amount to the summe of two hundred pounds may the same Cardinall whose annuall reuenues of his Prebend in another Church amount to the summe of two hundred markes May the same Cardinall whose annuall reuenues of his Archdeaconrie in another Church amount to the summe of fortie pounds May the same Cardinall whose annuall reuenues of his owne and his wiues patrimonie amount to the summe of fiftie pounds complaine iustlie that he standeth in neede of sufficient liuing to maintaine himselfe his wife and two or three children and therevpon purchase to himselfe a license to retaine a benefice from the which he receiueth peerelie one hundreth marks May a Cardinall I saie thus furnished with so many Ecclesiasticall dignities affirme safelie with a good conscience that he wanteth and standeth in neede of a conuenient liuing Pag. 144 Nay may not the Lordes people rather crie out against this intollerable ambition rauine and spoile yea maye not the common weale yea doth it not feele to her ruine the iniserable pouertie and penuri● of his stipendarie Curate vpon whom he thinketh to haue bestowed a large and bountifull reward for his seruice in the ministerie towards the mainteinance of him his wife and familie when as his farmer shal pay him by the yere ten or twelue pounds at the vtmost Is this tollerable by lawe No no the pretence of pouertie that this man and his fellowe Cardinall hauing Church vpon Church and a personage vpon his prouost shippe doo make to be a cloake for their worldlinesse can neuer shroud● it selfe so couertlie but their iniustice by lawe may soone bee difcried and discouered For this clause of lawe Sed ettam habentes plures ecclesias c. But they that haue manie Churches one not depending on the other it is lawfull for thee notvvithstanding anie appeale to the contrarie to constraine them at their choice to leaue one of them vnlesse they shall bee so poore that they cannot conueniem lie haue their proper and peculiar Priests I saie this 〈◊〉 Nisi ita fuerint teaues cannot excuse master Cardinall or ●●ster Prouost to retaine his Abbey or Frierie and by dispensation a benefice or two besides For that as I said before this Priuiledge hath no place when as a man voluntarilic hath taken vpon him a small charge and so contented himselfe with a small portion at the first but onelie it hath then place and then taketh effect when as Ex post facto by some after deede his Church is imponerished Moreouer those Churches are counted Tennes in substantia Churches small in reuenue which haue not a storke of ten persons families or householdes able to contribute to the mainteinance of a pastor as appeareth by the Canon following HOC NECESSARIVM c. This vve haue thought

plentifull storehouse of law wherewith by long and painefull studie no doubt he is furnished hath at the length with much trauell and greeuous throws brought into the world such a litter of lawes as the Archbishop could not haue had with so apt applications at the best Ciuilians mouth about the arches for a thousand pound But if he meant onlie to informe aforehand those which shall sit vpon the Commission which he mindeth to purchase forth how they may trip the Archbishop for breach of these lawes which yet For the most part heretofore were vnknowne and vnpractised then it were requisite he should yer he leape looke whether his Rapsodies and Summaries haue not deceiued him and whether his collections vpon them were not something too hastilie ripe for to last out anie long time That a Gl. extra vag execra bilis de praeb ver vltimo which he quoteth in the first place though it be true that a knowledge of the cause must be had conteineth no such matter at all that Priuileges be preiudiciall is neither generallie true nor yet prooued and confirmed by anie of the lawes which he alledgeth But that those things which doo bréed preiudice are to be handled with full knowledge taken of the matter which he translateth vnskilfully Decision of the cause are the words of the summarie of that law and b Summa l. de etate ff de minoribus not so full in the verie law it selfe And yet by the word Preiudice there vsed a damage or detriment as it signifieth in our common speech is not meant but a foreiudging of one thing implied by another albeit that other meaning giuen by me else-where to the same place may be also safelie admitted That of the c Gl. in ver certa ratione c. sane Ext. de priuileg per c. petisti 7. q. 1. consideration of the reason and deliberation to be had in granting a priuilege are the words of the glosse and not of the text gathered by the like example of that canon by him quoted Potuisti in steed of Petisti The other is too strange a quotation for me to coniecture what should be meant by it or where it may be heard of The next likewise to these is such a § quoted without law as I can not find in the title whither he directeth me That d Linuito ff de regulis i●ris following is not Inuito non debet conferri beneficium but Non datur a benefit is not bestowed of a man which is vnwilling to receiue it The place out of the e c. licet Aeli Ext. de simon decretals hath no such matter as he ascribeth to it but conteineth a good example of it whereof by waie of argument that may be drawne And that f Summar l. fin C de fidei com libertatibus out of the Code is the summarie onelie gathered of that law which is quoted but he shall neuer prooue good lawyer Qui sapit tantùm ex summarijs as one truelie saith And these be his proofes of the two first heads which he hath as slenderlie you sée prooued as it was in truth superfluous to stand vpon such points which beeing truelie vnderstood none will denie Yet if either the looking into the cause or petition of the partie should be omitted there is no one word here so much as cast out that in such respect the dispensation should be void But I do coniecture that of the Petition of the partie is brought in by him against the vsuall clause Ex mero vel proprio motu though he doo not plainelie expresse so much If it be so then truelie he sheweth his ignorance greatlie therein for a man may be said to grant of his owne proper or meere motion although the partie made petition when * Bald. in c. nisi Ext. de off legat Dec. cons 51. pro tenui C●●t sen cōsil 66. Paris in c. accedentes Ext. de preser Cagnol in l. qui cum ali● ff de reg iuris as he is not mooued to grant onlie bicause the other desired it but of a willingnesse also and bountie in himselfe But how the Abstractor should vpon these spéeches ground which he was bungling about once before euen with a contrarietie to himselfe that no cause may be alledged for obteining of a dispensation Sauing necessitie and vtilitie of the church I can not possiblie deuise except he be inspired with Anaxagoras spirit Per 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by Pythagoricall transanimation who would make Quidlibet ex quolibet euen what you will of anie thing Touching his Syllogisme I am to saie that if in his indefinite Minor assuming Dispensations to be hurtfull and preiudiciall he will speake like a Logician with whom propositions of that quantitie are reputed equiualent with particulars I will grant that some be such But if he speake therein as a lawyer with whom such are correspondent to vniuersall propositions I doo denie it as vntrue Further I obserue that he hath ca●telouslie changed the words of the glosse speaking of Deliberation and aduisement and whervpon his Maior should be warranted into Consultation as though it were requisite in granting of euerie dispensation to haue a solemne conference of I know not whom or how ma●●e to debate the matter And where by supposall he saemeth to deliuer that vpon The consultation a Sentence must be framed to that purpose and thereto * c. sano Ex● de priuilegijs quoteth a place it dooth no more serue this turne than if he should haue alledged it for proofe that an armie of men ought also to be present As touching the third point I doo yeeld that he which séeketh a dispensation ought not to suggest or conceale any thing outward and in fact whereby it is probable the iudge might be led to denie such dispensation And likewise that an inferior iudge who is tied in dispensations to the ordinarie course of law should not dispense in such cases as he is persuaded the superior who gaue him authoritie would not dispense in The first of the places which to this purpose he bringeth is either by the printer negligentlie or by himselfe so peruerselie quoted that I haue no direction therby to find it The other place speketh not of dispensing but of iudging and decideth that there should lie none appellation A praefecto praetorio being the chéefest officer vnder the Emperor and not much vnlike the L. Chancellor here bicause it was to be beléeued and presumed that he would iudge none otherwise than the prince himselfe would and is not as he alledgeth Non aliter iudicare debet He ought not otherwise to iudge but it is to be beleeued that he will not iudge Now to prooue that the parlement which by act authorized the Archbishop to dispense would not grant a facultie for two benefices though all externall circumstances consisting in fact were in specialtie trulie recounted without concealment of any point