Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	bishop_n	clergy_n	king_n	3,253	5	3.7031	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A11323	The addicions of Salem and Byzance	Saint German, Christopher, 1460?-1540.	1534 (1534)	STC 21585; ESTC S104697	51,623	150

the keyes thoughe happely as the lawe of his realme is nowe he shulde offende his lawes BY. Well I wyl take a respyte to be auysed er that I shewe the my full mynde in this matter and I praye the lette me now fele thy conceyt yf a manne be accursed for that he wyl not obey a decre in a cause of matrimonie and he is in prisone for it vpon the writte De excommunicato capiendo and offereth a sufficient caucion to obeye the churche shall it be accepted SALEM yea as welle in that case as in any oother case and hit shall be valued after the substance of hym that is in prison And if he wyll yet when he is oute of prison disobey the decree and not marye wherby he forfaiteth his caucion than he may vpon a new information made to the kynge in his chancerie be taken agayne by a newe writte De excommunicato capiendo fourmed speciallye vpon the case and be kepte in prison tyl he obey the decree And so he may be in all cases where he is delyuered vpon a caucion and kepeth not his promise BYZANCE Well I am content in this matter but I pray the whether may the kynge in any case denye a writ of Excommunicato capiendo whan it is vppon the certificat of the byshoppe requyredde SALEM yea and that maye be proued thus It apperethe in the regestre that if the kynge at the certificat of the byshop haue awarded forth a writ de Excommunic ca. after the kyng before the partie is takē is enformed that the partye appealed before the sentence or that a prohibition was delyuered and not withstandynge the iudge proceded whervppon an attachement is hangynge before the kyng or elles it appereth that the plee perteyneth clerely to the kynges courte in al these cases the kynge shall graunte forthe a Supersedeas commandynge that the partie shal not be arrested and thervpon it foloweth that if no wrytte be forthe it may be denied whan it is asked and that if the partie be arested before the Supersedeas came that the kynge maye for the same causes delyuer hym oute of prison vpon a speciall wrytte de excommunicato deliberando BISANCE There is no writte de excommunicato liberando in the regestre but where the byshop certifieth the kynge that the parti hath satisfied the church SA All writtes that be grauntable by the law can not be in the regestre the specyall matters proue that he ought to be deliuered out of prison for the time and so a writte may be fourmed vppon the matter wel inough to delyuer hym howe be it he shall remayne yet accursed vnder such maner as he dyd before may be taken ageyne if nede be and that is in fauour of the spiritual iurisdiction For I trow therin is no tēporel lawe more fauorable to the spiritual iurisdictiō thē the lawes of this realme be yet if suche fauour be haply broken somtyme a defaute is founde therat by the clergie as thoughe the holle liberte of the clergie were broken therby where no lybertie is broken at all euen vpon suche a poynte was the sayd cōstitution Seculi principes made For the constitution in the begynning reciteth that whenne suche excommunicate persons be vpon the sygnification of prelates accordynge to the custome of Englande taken and put in prisone that then the prelates bycause they refuse to take a gage wherby the partye offreth to stande to the cōmaundmentis of the churche and to obey the lawe be commaunded to delyuer the partie oute of prison whiche as it is sayde there the prelates maye not nor ought not to do as thei say before due satisfactiō made and thervppon the sayde constytution sayth farther that soo lay men vsurpe the keyes of power and counnynge to the confoundynge of the iugement of the church where the truth is the churche hath gyuen no iudgement that the partye shal be commytted to prisone for it hath no power so to do but onelye to excommunicate the party for the sinne and thervppon the kyng accordyng to his lawes hath delyuered the party out of prison that he imprisoned him selfe bycause the bysshoppe hath refused a resonable caucion And yet it foloweth in the said constitution Wherfore we ordeyne that the excommunicate persones so taken in our prouince and so goinge out of prisone agaynste the lyberties and customes of the churche of Englande shall be to theyr more confusion shewed excommunicate with ringynge of belles and lyghtyng of candelles c. And so that that in the begynnynge of the sayde constitution is called the custome of Englande as it is in dede and is the very cōmon lawe of the realme that a persone excōmunicate shall be layde in prysone by the kyng vpon the certificat of the byshop is after called the libertie and custome of the churche of Englande wherby the constitution meneth that he that goth so out of prisone for that the byshoppe refuseth his caucion and they that let hym out also breken the libertie of the clergie of Englande and vsurpeth the keys of power and cunninge where in dede neyther theyr libertie ne keys be touched but the custome of the realme wherby they clayme their libertie is obserued And if they coud proue the custome of the realme wherby they claim that libertie broken yet they ought not cōplain as though their libertie were only brokē For it is no more their libertie then it is the libertie of al the people of Englāde For al the people of Englāde make the churche of Englāde it hurteth al the people and not only the clergie to haue any one laudable custome of the realme broken And yet the meanynge of that constitution is that that going out of prison hurteth the clergie only And suche singularite hath done moche hurte and wyll do as longe as it contynueth ¶ And farthermore the cause why the said cōstitutiō sayth that prelatis may not nor ought not deliuer the imprisoned by the kinges writte De cautione admittenda the writte is that thoughe as the kynge is informed the partie hath offered to the byshop a sufficient gage that he shall obeye the commandement of the churche after the fourme of the lawe and that the bishoppe refuseth to take hit c. The kynge by that terme Lawe meneth the lawe of his realme whiche is that the partie excommenged shall make amendis to the churche for the synne onely and no satisfaction to the partie For that perteyneth to the kynges lawe And the lawe of the churche is that satisfaction shal be made also to the partie And for mayntenaunce of that satisfaction to be had by auctoritie of the spirituall lawe the sayde Constitution was made to putte the partie in feare to goo out of prisone by the kynges writte And all this riseth vpon the variance of the lawes wherby greatte grudges expenses yea and moche vnquietnes haue ensued and wyl do as longe as it and other thynges lyke

of the churche wherin saint Thomas myght lightly be deceiued by ignorance howe be it I thinke verily that there is one thing that derogateth and diminisheth greatly the very true honour that wold be giuen by many men to saint Thomas if that were not BY. What is that SA It is that some pristes exalt saint Thomas so high aboue other sayntes procure honour to him more thē cōmonly is done to any of the apostels and yet secretely stele the honour to them selfe and thinke them self the more worthy honour for his dedes and that hath caused some laye menne to haue lesse deuocion to hym thanne they wolde haue hadde And thoughe they do not wel in that doyng yet it is good to al pristes to loke vpon the matter And somwhat to ease the myndes of the peple therin And now wyl I say somwhat cōcerning the outward honour done to sayncte Thomas before other sayntes that I coulde neuer see cause reasonable why all the commemorations in the prouynce of Caunturburye shulde be saide more in his name then in the name of saynt Augustyne the apostell of Englande whiche broughte the fayth fyrste in to this realme For as farre as to manne appereth sayncte Thomas had neuer knowen the christē fayth ne had ben the holy doctryne of saynte Augustyne goinge before And sythe he was archebyshoppe of Caunturbury as wel as saint Thomas was the fyrst and chiefe of al other archbishops there I can not se why the commemorations shuld not be attribute to hym rather thenne to the other And I thinke verily that if it were so ordered to be that a right greatte occasyon of mekenes in many spiritual men shulde folowe thervpon and it is no doubte but that saynct Thomas wolde be also ryght highly plesed therwith And ferthermore I can not se any conueniency why saynte Thomas shoulde haue his feast of his translation kept in so high solempnitie as it is accustomed to be before other saynctis And parauenture that poynte with suche other lyke Iohn̄ Gerson mente to treate of in his treatise that he calleth in latine Declaratio defectuum uirorum ecclesiasticorum where he aduertseth rulers to loke whether it be conuenient that some new saintis shuld haue more solemnitie in the churche of god then the auncient saynctes haue And yet if the solemnitie to some of the apostols and to saynct Thomas be compared to gether they be ryghte farre a sonder And therfore why his Translation shulde be kepte holy day and not the veray day of the deposition of saynt Augustine or of saynt Ethelbert that was the fyrste kinge of Englande that was conuerted or why the deposition of saint Edwarde kyng and confessour whiche fallethe in the .xii. days as the deposition of sainct Thomas dothe shoulde not be had in more honour then it is and sainct Thomas to haue so moche I can nat telle what the very consideration shulde be of it And verily I suppose that if the depositiō of saynte Ethelbert and of saynt Edwarde and the translation of saynte Thomas were on the depositiō of saint Augustyne kepte holy daye to gether and the holy daye of the translation of saynt Thomas to ceasse and that priestes onely shoulde saye the seruyce of saynt Thomas on the day of his translation the people not to be bound to here it that it wold right highly plese saint Thomas and cause many ꝑsons also to haue hym more in honour then they haue nowe And here as me semeth it is somewhat to be meruayled also that al we englyshemen as to the multitude of vs canne report more of saint Denis of France of saint Dauid of wales saint Patrike of Irelande of saint Ninian cōmonly called sainte Tronion of Scotland than we can of saint Augustine the apostle of Englād the first brought the faith in to Englāde yet though as me semeth it were cōueniēt that saint August were more honorid then he is neuertheles I mene not therfore that seint Thomas shuld haue ani les true honor then he hath but rather more Ferthermore bicause there be diuers articles put in bokes which as it is said saint Tho. shuld holde I haue intitled herafter some of thē as I haue found thē writen in a right anciēt boke shal shew my conceit how the lawe of this realme they agre together But I wyl not expresly affirme that saint Tho. held thē in dede For I neuer saw them as of a full auctoritie nor I wote not where to find the ful auctorite of them howbeit if his articles were pleinli bi sufficiēt auctorite knowen so that it shuld not be laufull for no mā to adde no nother to thē ne to diminish any thing fro thē it were wel done For as they stond now in an vncertaintie many persons take vpon thē to reporte many articles of hym that as I suppose he neuer helde one of his articles as I haue foūd it written in the sayd boke is this If controuersie be vpon the presentment of a benefice betwene lay mē and clerkes the kynge pretended that it ought to be determyned in his courte And it is said that saincte Thomas shulde fynde default at this article as a thyng ageinst the libertie of the church And surely it is not ageynst the liberte of the church but is an olde laudable custome of the realme the kynges prerogatyue and the right of his corowne And if sainct Thomas resisted it he resisted the truth Howe be it that prouethe not but that he is yet neuer the les a right holy and blessed sainct as I haue said before ¶ An other article is that churches of the kinges gyfte may neuer be laufully gyuen without his assent And this is also an olde prerogatiue to the kynge his progenitours and is as moch to saye as that in benefices that be of the kynges gyft no time ne laches renneth to the kinge but that the kinge shal as well present after the .vi. monethes as before And yf sainct Thomas resisted that he resysted the righte For it is a laufull custome and a lauful prerogatiue For why the kynge ne none other patron within this realme claime none other right in suche presentmentes but after euery auoydance to present theyr clerke to the ordynarie And yf he be able than the ordinarie to receiue him or els vppon a notice in some case and in some case without notice the patron at his peryll to present an other And if the kynge present not the ordinarie tyl he present may with the profites therof appoynt one to serue the cure But yf the kynge claymed also to haue the profytes of the benefice in the meane tyme and he to se the cure serued hym selfe tyll he presented that were more doubte ¶ An nother article is this that they that be accursed shall not fynd pledges to restore nor be sworne to it but only to fynde pleges to stande to the iudgement of the