Selected quad for the lemma: cause_n
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A11327
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A treatyse concerni[n]ge the power of the clergye and the lawes of the realme. Cu[m] priuilegio regali.
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Saint German, Christopher, 1460?-1540.
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1535
(1535)
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STC 21588; ESTC S108136
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38,782
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136
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est Blessed is that countrey that hath a noble kynge Ecclesiastes .x. ♣ In cogitacione tua regi non detrabas et in secreto cubiculi tui non malediceris diuiti quia et aues celi protabunt vocem tuam / et qui habeÌ„t pennas annunciabuÌ„t senteÌ„ciam Ecclesiastes x. In the secrete of thy hert bacbyte not the kynge / in thy secrete chauÌ„ber / speke nat euyll of a riche man for the byrdes of heueÌ„ shall bere thy voyce / they that haue queles shall shewe thy sentence Ecclesiastes x. ¶ Si ergo delectamini sedibê° et sceptris o reges populi / diligite sapienciam vt ineternum viuetis Sapienci vi O ye kinges of the people if you loue your high seates and scepters / loue wysdome and ye shall lyue for euer Sapienci vi ¶ Rex sapiens / populi stabilimentuÌ„ est A wyse kynge is the stablenesse of his people Sapi. vi ¶ Dyuers autorites prouyng that kynges and princes in tyme past haue ordered thynges that some men call spuÌ„all spirituall The .iii. cha EXiuit igitur Ioseph omnem terram Egipti vendentibus singulis possessiones suas pre magnitudine famis / subiecitque eam Pharaoni et cunctos populos eius a nouissimis terminis egipti vsque ad extremos fines eius / preter terraÌ„ sacerdotuÌ„ que a rege tradita fuit eis / qui bus statuta cibaria ex horteis publiris prebebantur et id circo non suÌ„t compulsi veÌ„dere possessiones suas Gene. xlvii Ioseph wente thorugh all the laÌ„des of Egypte euery man sellynge his possessyons for the greatnesse of the hungre / he subdued it to Pharao / and all the people therof / from the farthest ende of Egypte to the extreme parte therof Excepte the landes of the prestes that were gyuen vnto them by the kinge / to whoÌ„ also suffycient meat was gyuen of the comen barnes / and therfore they were nat compelled to sell their possessyons ¶ Et constituit Salomon iuxta constitucionem Dauid patris sui officia sacerdotuÌ„ in ministeriis suis et leuitas in ordine suo vt laudarent et ministrareÌ„t coraÌ„ sacerdotibê° iuxta ritum vniuscuiusque dici et iauitores in diuisionibus suis ê‘ portaÌ„ et portam sic enim precepit Dauid homo dei nec pretergressi suÌ„t de maÌ„datis regis tam sacerdotes quaÌ„ leuite ex oiÌ„bus qÌ„ precoperat .ii. Parali viii Salomon accordinge to the constitutyon of Dauid his father ordeined the office of prestes in their ministrations leuytes in their order that they shulde laude and minister before the prestes after the customes of euery daye / and porters in their diuisyons by gate and gate so commauÌ„ded Dauid the maÌ„ of god that it shulde be / and they breke nothiÌ„ge of the kiÌ„ges coÌ„mauÌ„demeÌ„t neyther the preestes nor the leuytes in all thinges that the kinge coÌ„maunded ¶ Rex Iosaphat coÌ„stituit iudices iÌ„ cunctê ciuitatibê° Iuda / in Hierl'm coÌ„stituit leuitas et sacerdotes et principes Familiarum vt iudicium et causam domini inditarent habitatoribus eius / et vlterius addidit dicens / Amarias auteÌ„ sacerdos et pontifex vester in hijs qÌ„ ad deum pertinent presidebit .ii. Parali ix Multa eciam fecit Ezechias rex in hijs que videntur esse spuÌ„alia vt patet .ii. paralip xxix xxx xxxi reges etiam diuersi coÌ„stituerunt suÌ„muÌ„ sacerdociuÌ„ inter iudeos vt patet .i. Machab. vii et .x. xiiii The kynge Iosaphat ordeyned iuges in all the cyties of Iuda / in Hierusalem he ordeyned leuytes prestes / princes of Familes / that they shulde iudge the iugemente cause of our lorde to al the dwellers therof / furthermore he added ther to sayeng Amarie / your preest busshop shal be chefe in such thinges as ê‘teyne to god .ii. parali ix Also kynge Ezechias ordeyned many thiÌ„ges that semeth to be spuÌ„al spiritual / as it appereth .ii. parali xxix .xxx. xxxi Also dyuers kynges appoynted the high presthod among the iewes as it appereth .i. Mach. vii .x. .xiiii. The first question the .iiii. Cha. WHether the statute made in the .xlv. yere of kynge Edward the .iii. that is coÌ„monly called the statute of Silua Cedua / be agaynst the lawe of god or nat The .iiii. Chapiter ¶ An answere to the sayd fyrst question THe statute of Silua Cedua wherof mencion is made in the sayd fyrst question standeth wel with the lawe of god / and ought in conscience to be obserued / aswell by the clergye as by the people in this realme and these be the causes that moue vs to say so We thynke that the payeng of the .x. parte of wode aboue .xx. yere can nat conuenyently serue for the susteynauÌ„ce of the spirituall minystres / for they muste yerely and dayly be susteyned / and the profyt of that wode may happely nat come in an hundreth yere or more / for the wode shall growe as longe as it shall please the owner / and therfore whan our lorde Leuitici .xxvii appoynted to the iewes / wherof tythes shulde be payde / he appoiÌ„ted nat that any tythes shulde be payde of the trees / but of the frutes as there appereth Another cause is this Though the people be bouÌ„de by the lawe of reason and also by the lawe of god / to fynde to their spirituall ministers a resonable porcion of goodê to lyue with / yet that the people shall paye precysely the tenth parte to their spirituall ministers in name of that porcyon / is but by the lawe of man And therfore if the tenth parte in any countrey suffysed nat for the minysters / the people were bounde to gyue theym more And accordynge to that / that is sayd before / speketh IohnÌ„ GersoÌ„ in a treatise that he nameth Regule morales / where he saythe thus Solucio decimaruÌ„ sacerdotibê° est de iure diuino quatenus clerici inde sustententur sed quotaÌ„ hanc vel illam assignare aut in alios redditê° coÌ„mutare positiui iuris existit That is to saye / The payenge of tythes to prestê is by the law of god so that they therwith maye be susteyned / but to assygne this porcyon or that / or to chaunge it into other rentes / is by the lawe posytyue / that is to say / by the lawe of man And syth the tenth parte is by the lawe of man / all custommes and prescripcyons of payment of tithes in name of the tenth parte ought to be obserued / so that the spyrituall ministers haue suffycient 〈◊〉 / and the sayd statute is no farther / but that a prohybicyon shall lye where a man is sued in the spyrituall courte for tith of wood aboue the age of .xx. yeres by the name of Silua Cedua / as it hath done in tyme past and though tythes be called spyrituall / yet they be in dede temporall as
fro the coÌ„munyon of the good people / to commauÌ„de the good people also to eschewe theire company / to make absolution therof agayne c. whiche be great powers and maye do gret good if they be charytably put in executyon But if they wyll declare the seyde texte / in suche maner that they shulde therby take power fro princes which Christe lefte vnto them / or to exalte their owne power more than Christe gaue vnto them Than princes maye resyst their declaration theriÌ„ yea / ar bouÌ„d to do it / there princes ought to be iuges takyng such of the clergie vnto theÌ„ as they shall thynke conuenyent wherof vndoutedly there be righte many that wyl nat be blinded with suche worldly honour and vanyte And so it semeth that the seyd texte / Quodcumque ligaueritis c. shal be taken specyally accordiÌ„g to theffecte of the other auctorities before rehersed and nat onely accordyng to the lytterall sence of the same texte Also though some men haue sayde that our lorde gaue to his discyples both powers That is to saye Spyrituall and temperall / whan the apostles sayde vnto him Luc. xxii Lorde / here be two swerdes / And he answered That is ynough And that he shuld mean therby that he wolde that they shuld haue both powers / for if he had nat ment so / he wolde nat haue sayd of the .ii. swerdes / It is ynough But it is to moche And that therfore princes haue had sythe that tyme their temporall power of the spyrituall power To that it maye be answered / that those wordes were neuer spoken of those two powers / as the letter of the seyd gospell playnly declareth For the letter is this Our lorde a lyttel before his passyon / sayde to his discyples thus WhaÌ„ I sent you with out secke / scryppe / or shoes dyd you wante any thynge And they sayde naye Than he sayde vnto them But nowe he that hath a secke let hiÌ„ also take his scryppe And he that hath no swerde / let him sell his cote and bye a swerde / for I say to you that it behoueth that that is written of me shal be fulfylled Et cum iniquis deputatus est that is to saye he is accouÌ„ted among wyked men And than he sayd further And truly tho thinges that be written of me be nygh at an ende to be fulfylled And than they sayd / lorde / lo here be two swerdes / and he sayde vnto them / it is ynough And Lyre whiche treateth princypally vpon the lytterall sence of Scripture / sayth that tho wordes were spoken by oure lorde to instructe his discyples / that somtyme it is lawfull for a man to defende him selfe moderatly from persecutours / and that therfore the Appostelles beyng at that tyme well couraged to defende them selfe / regarged more tho wordes that our lorde spake of the swerdes / than they did eyther of their seckê or of their scripbes And therfore they answered / here be two swerdes / than he knowynge that it was the wyll of his father that he shulde suffre deth for redeÌ„ption of man sayd it is ynough As though he had sayd / those two swerdes suffyce and be ynough to defende me fro deth aswell as many thousand of swerdes shulde do / for I that accordyng to the wyl of my father wyl wylfully suffre deth for maÌ„ loke for no defeÌ„ce of swerdes This semeth to be the intente why he sayd of the two swerdes / it is ynough / nat to sygnyfye therby that thappostelles shuld haue both powers spirituall and temporal / and if it shuld be taken to be ment so it shulde nat be by a litterall sence / after Saint Augustyn and saynt Hierome / it is onely of the lytterall sence of holye scripture that a suffycient argumeÌ„t may be taken / so we thynke those wordes to bere but a small effecte any thynge to abate the power of priÌ„ces And where some meÌ„ haue sayd that the clergye haue auctorytie by the gospell to here all causes that shulde be shewed vnto them by any maner of complaynt and that that shulde appere by the wordê that our lorde sayd Math. xviii If thy brother offend the correcte him betwen him and the onely / And if he here that thou hast wone thy brother / and if he here the nat / take with the one or two wytnes / and if he here the nat than / than shewe it to the chyrche / and if he here nat the churche / lette him be to the lyke an Ethenyke and a publycan / and that in somoch that the gospell coÌ„mmaunded to shewe the offence to the chyrch / sheweth nat in what cases that it shall therfore be vnderstaÌ„de in all cases / and that bycause it is sayd / shewe it to the chyrche / that it was mente thereby that it shulde be shewed to the clergye To that it maye be answered that by that worde chyrche is nat vnderstande only the clergye / for they vndoutydly make nat the chyrche / for the hole congregation of ChristeÌ„ people maketh the chyrche And bycause the hole people of christeÌ„dom can nat be gathered togyder / so that they may haue such matters shewed vnto them all therfore it can nat be taken that our lorde ment that it shuld be shewed to al the people / for he coÌ„mauÌ„ded nothyng but that may well resonably be obserued And therfore whan it is sayd shewe it to the chyrch It is to be vnderstande therby / that it shall be shewed vnto theÌ„ that by the lawe custoÌ„e there vsed haue auctorite to correct that offeÌ„ce And therfore he that in this realme wyll gyue charytable monycyon to his neyghbour that offendeth in suche a thynge as the kynge by his lawes custome of his realme may lawfully punysshe / and he wyll nat yet amende Wherfore he sheweth it to the kynge or to his iuges / or to his iustyces of peace iÌ„ the coÌ„trey / or other offycers that after the lawe custome of the realme may reforme it He hathe therin right well fulfylled the gospell And if the offence be of such thynges as by the custom of the Realme be called spyrituall As it is of auoutry / fornycation / such other / wherof the clergy maye holde ple. And thervpon bycause the partye that he hath gyuen monicyoÌ„ to / according to the gospel / wyll nat amende / he sheweth it to the ordynary or to his offycers We thynke that he hath also right wel obserued the gospell But to saye that the seyd wordes Dic ecclesie shulde take any power fro princes that they had at the commynge of Christ / or that they haue had syth that tyme by the lawes customes of theire realmes and countreys We thinke that the seyde wordes do nothynge amount vnto it And furthermore it shulde seme to make a repugnauncy in scripture If it coulde be proued that our lorde gaue