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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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¶ And here I wolde moue a lytle farther that if a clerke within ordres bren a house bycause he hadde nat certayne money layde in a secrete place as he appointed by a byll whether he shal haue his pryuylege for the statute made in that case / is that suche brennynge shall be hyghe treason And yet the forfeiture is gyuen to the lordes of the fee. c. And the sayd statute is āno .viii. H. vi ca. vi And sith it is haute treason / many men suppose that he shall nat haue his clergy but I commytte that to other that lyste to treate farther of that matter But for countrefaytynge and forgyng the coyne of an other realme I suppose a clerke shuld nat be put in execuciō yf he wyll aske his priuilege For the statute is no more but that it shall be treason and sayeth not that it shall be treason to the kynge and to the realme / as the other statute dothe And therfore I suppose that by the sayd statute pro clero / he shal haue his clergy Yet neuer the lesse that statute pro clero in one poynte declarethe the common lawe to be more strayter agaynst the priuilege of clergy / than many men take it to be and that is in this poynt If a clerke stele any of the kynges goodes that he shall nat haue the priuilege of his clergie For the sayd statute is that he shall haue his clergie in treason or felony concernynge other persons than the kynge or his royal maiesty And therfore for felony cōcernyng the kynge selfe / it semeth that a clerke at the comen lawe shoulde not haue had the priuilege of his clergy but that I remyt to other that be lerned in the lawes of the realme And I haue spokē the ferther of these matters because as me semeth it were ryght expedient that spirituall men shuld knowe them such other as most specially ꝑteine vnto them more parfytely than they haue done in tyme paste and more rather to coueyte to haue the true vnderstondyng of them than to reporte that the makers of them offended in the makyng specially seyng that they were made by the kynge with the assent of all the lordes spyrytual and temporalle / and of the commens and some of them at the specyall request and peticion of the spiritualtie ¶ And here me thynketh I myght saye a lyttell farther in this matter and that as it is lyke the trouth wyll proue that is to saye that as longe as the iurisdictions spirituall and temporall be suffred to stande in suche case as they do nowe that temporall men shall say that spirituall men make lawes that they haue non auctoritie to make / and that spyrytuall men shall say that temporall men make lawes that be agaynst the libertie of the churche wherfore they be accursed and no other order taken to haue it knowen what is the libertie of the churche and what nat / than is yet taken It wyll be longe ere this dyuysyon wyll be fully appeased Than to retourne to the pryuyleges of clerkes The trouthe is that yet clerkes within orders be more fauoured than clerkes that be not within orders For if a preeste be arrayned of felony / and cōfesseth the felony or is founde gyltie and than he prayeth the benyfyte of his pryuylege and sheweth the letters of his orders in that cas the iudges wyll not compell hym to rede For sithe the churche hath admytted hym to orders the lawe presumeth that he can rede as many men saye And ouer that if a preest wolde wylfully forsake his priuilege and confesse the felony and become a prouour yet yf the ordinarye wyll aske hym as a membre of the churche / and shewe the letters of his orders he shall haue hym and that is by the statute called articuli cleri For before that statute he shulde haue bene compelled to haue done battayle / yf the approuee wolde haue waged hit And also if a preeste after that he hathe confessed the felony or after that he is foūd gyltie / wyl pray his clergie and after of wylfulnes he wil renoūce his priuilege yet if the ordinarye wyll aske hym he shal haue hym and that is by the commen lawe But in this matter hit is a doubte to many men / whether it suffyseth to the ordinary only to affirme that he is a preest so to aske hym or that he must shew the letters of his orders And I suppose / that it is sufficient / yf he affirm that he is within orders though he shewe not the letters of his orders / nor yet the regestryng of them And that semeth by the statute of an .iiii. H. vii ca xiii where it appereth that the Certificat of the ordinarye that he is within orders shulde suffyce And if his certificat shulde suffyce than it semeth that his seynge in his owne persone / that the other is a clerke / shulde suffyce ¶ And in the statute made anno .xxiii. Henrici octaui / ca. i. it appereth that clerkes within holy orders / haue greatter priuilege concernyng theyr clergie than clerkes that be not within orders But neuer the lesse I leue that matter to the determination of other ¶ But admytte / that there had ben such accustome receyued and admitted in the realme / that prestes shulde not be put to aunswer before laye men and that than this questyon were asked whether the parlyamēt myght breake that custome To that questyon as it semeth it maye be aunswered thus That yf that custome turne in to an occasyon and boldenes of thefte and murder and other lyke thynges agaynst the kynges peace and that as well in many spirytuall men as in tēporal men by exāple of spiritual mē which by reason of that priuilege take a boldnes to offēd It were not only a lawful dede to breke that custom but a right good meritorious dede to do it and a dede that the kynge is bounde to at his coronacion For he is sworne to maynteigne the good customes of his realme and to breake the euyll And sure it is that all customes that be agaynste his peace / be euyll as this shulde be yf that effecte shulde folowe of it / as before appereth And that the kynge is speciallye bounde by his lawes to aduoyde all thynges that may be a let to his peace it apperyth by the statute that is called statutū de defētione armorū where it is sayd amōge other thynges thus To the kyng it apperteyneth by his royall seynorye to defende strongly all armes and all other force agaynst his peace as ofte as it shall please hym And that he may punysshe them that do against his peace after the lawes and customes of his realme And that al his lordes spyrytuall and temporall are bounde to ayde hym therin as theyr soueraigne lorde And syth murders and felonyes are specially agaynst the kynges peace therfore the said custome shuld be against his peace / yf suche
effecte shulde folowe of it as before appereth Wherfore it semeth that he shuld than haue auctorytie in his parlyamente to breake that custome as a thynge agaynst the peace and quyetenes of his people And he that hath auctoritie to aduoyde suche thynges as breake his peace hath also auctoryte to preuent and deuoyde suche thynges as maye gyue occasion to the breking of his peace as that custome shulde do yf the sayde effecte shulde folowe of it And certayne hit is that it hurtethe no more a good preste that an euyl preeste is punisshed than it hurteth a lay man that he is punysshed ne no more than it hurtethe a good lay man or woman that an nother is euyll and is punysshed for it And I suppose verily that this diuision wil neuer be perfytely appeased tylle preestes and religious wyl be as lothe to here of any defaute in a lay man or lay woman / as in a preste or in a relygious person And that wyll neuer be as longe as the great confederacies and singularite cōtinueth amonge prestes and amonge religious persons as it dothe now The good lay men and women must paciently beare the euyll reporte of other laye men and women that be of the same condycyon as they be / and so they shall be taught by spiritual mē / that they ought to do but they wyl not do so them selfe In so moche that I suppose veryly that many a preest religious wold grudge more ayenste an euyll reporte made of a prest or religious / that in dede were giltie in pryde / couetyse angre / malice glotony lecherye or suche other than they wolde be ayenst a lyke euyl report made of a laye manne or a laye woman that were not gyltie ¶ Dyuers other lawes there be / that be made by the churche that many menne thynke the churche hadde no power to make As it is / that no benefice shal be let to a lay man / but a spiritual man be ioyned with hym Or that it shall not be let aboue .iii. yeres And also the constitucion of a dimission noble suche other that were to longe to reherse nowe For these suffise to shew that by such lawes made by the churche / that they hadde no power to make any lawe of / hath rysen one speciall cause of this diuision ¶ An other occasion of this diuision The .xiii. Chapiter AN other occasion of this diuision hath rysen by reason of feyned visitacions vsed in tymes paste by ordinaries and other that haue hadde power to visyte howses of religion and churches in the countrey For there is a cōmen opinion in maner vniuersally rysen amonge the people that suche visitacions / after the maner as they be vsed / do litel good and rather encrece vice than vertue And verilie the more pytie is it semeth to be true as they sey For it is vsed / that at suche visitacions visitours take of the houses of religyon that they vysite / somme certeyne pencyon And for visitacion of churches they haue of some certayne churche / mete and drynke where they visite / and than they gather somme certayne duetie of all the churches within a certeyn circute ī that contrey And neuer the les / as the comen opynyon gothe / comenlye they reforme nothynge / but as they fynde it so they leue it / and neyther cōforte they vertue / ne punysshe vice / but many tymes the contrarie by some worldlie demeanour or euyll example that the people see in them And thus when the people haue sene that offenders as well spiritual as temporall / contynue after the visitacion as they dydde before they haue coniectured / that the ordinaries and visitours do visite more rather for theyr pencions / than for any good order or reformacion And this / through a longe cōtinuaunce hath brought the people to iudge great couetice in such visitours / whiche commenly be of the greattest reulers of the spiritualtie wherby the peole by lyttell and lytell haue fallen into a dispraysyng of such visitations / and into a mislykynge of theyr rulers spiritual and of suche pompe and worldly behauour as is shewed by them at suche visitations And than whan such visitours and spirituall rulers haue perceyued that the people haue misliked theyr visitations they haue disdayned it and haue contynued styl as they dyd before and so hath the grudge betwene them contynued secretely of long tyme. And surely it is to be moche meruayled that visitours wil attempte to take at theyr visitatiōs any pension or imposition of them that they visite contrarye to the good lawes that be made in the .vi. boke ti de censibus ca. romana et exigit Wherin great penalties be set vppon them that take any pension at theyr visitations / contrary to the sayd lawes / as in the same doth appere And but there be any secret dispensation in that behalfe many be suspended / that dayly ministre And if there be any suche secrete dispensation hit is to doute that the graunte therof proceded not of charite but of some couetyse and singularite yf the very grounde therof were throughly serched Wherfore hit were ryght expedient / that suche visitations were set in suche order as well by spirituall auctoritie / as by temporal auctoritie that good men hereafter myght therby be comforted / and euyll men corrected reformed to the good example of all other that shulde here of it ¶ An other cause of this dyuysion The .xiiii. Chapiter AN nother cause of the sayd diuision hathe rysen by occasion of the greate multitude of lycences and dispensations that haue benne made for money by popes and busshops in tyme paste / contrary to dyuers good lawes made by the churche as of pluralites ayenst the law that no man shulde haue but one benefice / and of lycence to curates to be non resident of capacities to men of religyon and that none shall take orders ne be promoted afore a certayne age and suche other whiche lycences dispensacions haue bene so accustomably graunted for money without cause reasonable that great inconuenyences haue folowed vppon it to the great grudge and murmour and euyll example of all the people ¶ An other cause of the sayde dyuysion The .xv. Chapiter AN other occasyon of the sayde diuisyon hathe rysen by a greate larnes and lybertye of lyuynge / that the people haue sene in many religious mē For they say that though religious men professe obedience pouerty / yet many of them haue wil haue theyr owne wil with pleynty delicate fedynge in such abundance that no obedience nor pouertie appereth in them And therfore many haue sayde and yet say to this day that religious men haue the most plesant delicate lyfe that any men haue And truly if we behold the holynes blessed exāples of holy fathers of many religious persons that haue bene ī tyme past / and of many religious persons that be now in these dayes