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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A11324 A treatise concernynge the diuision betwene the spirytualtie and temporaltie Saint German, Christopher, 1460?-1540. 1532 (1532) STC 21586; ESTC S104701 33,236 94

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haue ben partly occasioners to theyr offences them selfe as it is sayd before And this demenour hath thrugh a longe contynuaunce norysshed some parte of this dyuysion and so wyll it do as long as it cōtinueth And also where by the lawe / preestes ought to be at the churche on sondayes holy dayes and help forth the seruice of god in the quere and oughte also whan they be there to be ordered by the curate yet neuer the lesse many men that haue chapleynes wyll not suffre them to come in the parysshe churche and whan they be there they wyll not haue them ordered by the curate but after them selfe ne see them be in the quere but sendeth them many tymes on other errandes and that in worldly matters as customably as they do other seruauntes and many suche chapleynes shewe them selfe euydently by theyr diligence in that behalfe / to be better contente to do that busynes than to be in the quere / and that maketh the curates and the neyghbours bothe to thynke a great lyghtnes in them and do discōmende them for it and whan they here of it they be also discontented and theyr maysters bothe and saye the other haue no thynge to do with it and commenly other chapleynes wyll take parte in suche matters wherupon dyuers grudges and variances haue risen in many places / that haue done greatte hurte in this behalf And as it is in this case of chapleynes and seruyng prestes so it is also of chantry prestes brotherhoode prestes in many places And as it semethe these articles myght be holpen thus that is to say / that it be prohibyted vpon a payne that no preeste shall hereafter customablye vse huntynge / hawkynge cardes / dyce / nor suche other games vnsyttynge for a preeste though percase he maye as for a recreacion vse some honest disportes for a tyme ne customably vse the ale house or tauerne And if any preste vse any such vnlawful games or other demenour not conuenient for a preest so moche that the people be offended by it and fynde defaut at it that than yf he be warned therof by an abbot and a Iustyce of the peace of the shire / where he is dwellynge and yet he do not reforme hymselfe that than besyde the sayde payne he be by conuocation suspended fro ministryng the sacramentes and be disabled to take any seruyce tyll he be enhabled agayne by the kynge and the ordinarie And that it be ferther enacted / that no man shall haue a chapleyne hereafter / but he haue a stondynge house / and that onely in his stondyng house and none to haue a rydyng chapleyne vnder the degree of a baron / and that he that hath a stondyng house and hathe also a chapleyne shall vppon a payn prouide for his chapleyn a secret lodgyng with locke key / that he maye lodge fro the commen recourse of the laye seruantes and vse hym selfe therin conueniently in redynge / prayer or contemplatyon / or suche other labours and busynes as be conuenyent for a preeste to vse ¶ An other cause of the sayd dyuysion The seuenth Chapyter AN other occasion of the said dyuysion hath bene / by reason of dyuers sutes that haue ben taken in the spiritual courtes of offyce that is called in latyn ex officio so that the ꝑties haue not knowē who hath accused them therupō they haue somtyme ben caused to abiure in causes of heresies somtyme to do penaūce or to pay great sommes of money for redemynge therof whiche vexacion charges the parties haue thought haue come to them by the iudges and the offycers of the spyrytuall courte / for they haue knowen none other accusers / and that hath caused moche people in diuers partyes of this realme to thynke great malice and parcialytie in the spiritual iudges And yf a man be ex officio brought before the ordynarye for heresy / yf he be notably suspected of heresye he muste pourge hym selfe after the wyl of the ordinary / or be accursed and that is by the lawe extra de hereticis Ca. Ad abolendam And that is thoughte by many to be a very harde lawe for a man may be suspected and nat gyltie and so be dryuen to a purgaciō without profe or with out offence in hym or be accursed and it appereth de hereticis .li. vi in the chapiter In fidei fauorem that they that be accursed and also partyes to the same offens may be wytnes in heresie and in the chapiter accusatus pag. licet it appereth that yf a man be sworne to saye the trouthe concernynge heresie as well of hym selfe as of other / and he fyrste confesseth nothynge and after contrarye to his fyrst sayenge he appeleth bothe hym selfe and other yf it appere by manyfest tokens that he doeth it nat of lyghtnes of mynde ne of hatred / nor for corruption of moneye that than his wytnes in fauoure of the faythe shall stonde as well agaynste hym selfe as agaynste other and yet hit appereth euidentlye in the same courte and in the same matter that he is a periured persone This is a daungerous lawe and more lyke to cause vntrewe and vnlawfulle men to condempne innocentes than to condempne offenders And it helpeth lyttell that if there be tokens / that it is nat done of hatred / nor for corruption of money that it shulde be taken for some tyme a wolfe may shew hym selfe in the apparelle of a lambe And yf the iudge be parcyall suche tokens may be soner accepted than truely shewed And in the chapiter there that begynneth Statuta quedam / it is decreed that yf the Bysshoppe or other enquerours of heresy se that any greate daunger myghte come to the accusours or wytnes of heresie by the great power of them that be accused that than they maye commaunde that the names of the accusoures or wytnesse shall nat be shewed but to the bysshop or enquerours / or suche other lerned men as be called to them and that shall suffice thoughe they be nat shewed to the partie And for the more indempnitie of the sayde accusoures and wytnesse it is there decreed that the bysshoppe or inqueroures maye enioyne suche as they haue shewed the names of suche wytnes vnto to kepe them close vpon payn of excommunication for disclosyng that secrete without theyr lycens And surely this is a sore lawe / that a manne shall be condempned and nat knowe the names of them that be causers therof ¶ And though the sayd lawe seme to be made vpon a good consideracion for the indempnitie of the accusours and wytnes yet it semeth that that consyderacyon can nat suffyce to proue the lawe reasonable For it semeth that the accusoures and wytnes myghte be saued fro daunger by another way / and that is by this way If the bysshop or inquerours drede that the accusoures and wytnes might take hurt as is sayd before than myght they shewe it to the kynge and to his
make lawes that shal brynge in mekenes among spirytuall men and that may enduce them charytablye to suffre some tyme them that offende them as they haue bene in tyme past to make lawes to set spyrytuall men in suche case that they may correcte all them and kepe them vnder that wyll any thynge resyste them And lyke as many spirituall men haue mysordred them selfe agaynste laye men not onely in suche thynges as be partely touched before but also in wordes / affermynge somtyme that lay men loue not prestes so in likewise some lay mē misordre thē selfe in wordes agaynst prestes and wil say that there is no good preste or that all prestes be nought and some as it is sayde / wyll call them somtyme horeson prestes And if all these wordes were prohybyte on bothe sydes vpon greate paines / I thynke it wold do great good in this behalfe ¶ An other cause of this dyuysion The fourth Chapyter THe harde extreme lawes that are made for layenge violent handes vpon clerkes and suche other spyrytuall persones / hath ben an other cause of this diuision For they be very parcyalle / as to the reders wylle appere and they be also so generalle that nether kynge nor lorde be not excepted in them but that they shulde goo to the pope to be assoyled And the sayde lawes be .xvii. q. iiii si quis suadente diabolo et ex de sētenc excōmunicac ca. Non dubiū et Ca. mulieris et Ca. peruenit et ca. ea noscitur in many other chapiters there / et ex de sentenc excommunicac li. vi ca. religioso And these lawes be suche / that if a manne in violence lay his hande only vpon a clerke / that he is accoursed but thoughe a clerke beate a laye manne wrongfully / and with violence he is not accoursed And this parcialyte hathe done greatte hurte ¶ An other occasion of this dyuysion The fyft Chapiter THoughe there be dyuers good and reasonable articles ordeyned by the church to be redde openlye to the people at certain dayes by the churche therto assygned / which commenly is called the general sentence yet manye curates and theyr parysh prestes sometyme rede onely parte of the artycles / and omytte parte therof / eyther for shortnes of tyme / or els to take such artycles as serue moste to theyr purpose And somtyme as it is sayd / they adde other excōmunicaciōs after their mynde that be not putte in to the sayde general sentence And whan the artycles be so chosen out / they sounde to so great parcialite and fauour for spiritual men eyther for payemēt of tythes offerynges mortuaries / and suche other duetyes to the churche or for the mayntenaunce of that they calle the liberties of the churche as that no preeste nor clerke c. shal not be put to answere before lay mē specyallye where theyr bodyes shuld be arrested or that no imposicions shulde be layde vpon the churche by temporall power or agaynst them that with violence lay handes vpon preest or clerk / or suche other that the people be greatly offended therby and thynke great parcialite in them and iuge them rather to be made of a pryde and couetyse of the churche than of any charite to the people wherby many doo rather dyspyse them than obeye them And I suppose veryly that this diuisyon wyl neuer be perfitely and charitably refourmed and brought to good accorde tyll the people come to this poynt / that they shall greatlye feare and drede to ronne in to the leeste censure of the churche And that wyll neuer be tyll the heedes spyrytuall wyll refourme them selfe and shewe a fatherlye loue vnto the people and not extende the sentences of the churche vppon so lyghte causes and vppon suche parcialytie as they haue doone in tyme paste And if they wyll refourme these poyntes before rehersed and somme other hereafter folowynge I suppose verylye the people wylle gladdely here them and folowe them For than as the gospelle saythe they be theyr verye shepardes Wherfore yf it were ordeyned as well by auctorytie of parlyamente as of conuocation / that suche artycles shulde be deuysed and putte in to the generalle sentence that shulde styrre as well spyrytualle menne as temporalle menne to loue vertue / and flee vyces / to loue trouth and plainnes and to flee falshod and doublenes / and that none vpon a payne shulde adde or dyminysshe any thynge concernynge the sayde articles I thynke it wolde helpe moche to make a good agremēt of this diuision and to contynue the same with loue and drede betwexte the reulers spirituall and the people as there oughte to be And yf lyke artycles were deuised to refrayne spyrytuall men fro gyuynge hereafter any ferther occasion to this diuision or any other lyke and they to be redde at visitations / Seenes suche other lyke places / wher prestes assēble by cōmandement of theyr ordinaries / with certayne paynes to be appoynted by parlyamēt conuocacion I thynke it wolde bryng many thynges in to good order / and helpe moche to a good reformation of this diuision ¶ An other occasion of this diuision The syxt Chapiter AN other occasion of this diuysion hathe partely rysen by temporal men that haue desyred moche to haue the famyliaritie of preestes in theyr games and disportes and haue vsed to make moche more of them that were compenable thanne of them that were not so and haue called them good felowes and good companyons And many also wolde haue chapleyns whiche they wolde not onlye suffre / but also cōmaunde to go on huntyng haukyng / and suche other vayne disportes And some wolde lette them lye among other laye seruauntes where they coulde neyther vse prayer nor contemplation ¶ And some of them wolde suffre them to go in lyueries not conuenyent in colour for a preste to were and wolde also many tymes set them to worldely offyces as to be bayliffes receiuours / or stewardes and than whan they haue by suche occasyon bene moche beten / and greatly exercysed in suche worldely busynes / so that the inwarde deuocyon of the harte hath ben in them as colde and as weke in maner as in laye men yet yf any benefyce haue fallen voyde of theyr gyft they wolde preferre them to it / eyther as in recompens of theyr busynes and labours or for that they were good companyons rather thā another good deuoute man / that percase is lerned and kepeth hym selfe fro suche worldely vanyties and ydle company or that is dysposed somtyme to admonysshe charytably suche as he is in company with of suche defautes as he seeth or hereth of them / and that few men do loue to here And therfore wyll they preferre them / that wyl let them alone And yet whan they haue so done they wyl anone speke euyl of prestes / and reporte great lyghtnes in them and lyghtly noote one prest with an nother prestes defaute and that whan they