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A11327 A treatyse concerni[n]ge the power of the clergye and the lawes of the realme. Cu[m] priuilegio regali. Saint German, Christopher, 1460?-1540. 1535 (1535) STC 21588; ESTC S108136 38,782 136

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but that all power was in Christ / in heuen in erthe / both of bodyes soules / lādes and goodes / lyfe deth But it is as lytell a dout but that Christ neuer gaue al that power to his apostels nor discyples / ne yet he gaue nat to thē all the power that was in him concernynge the ministracyon of the sacramentes / wherof he commytted a right high power vnto them as to minister any of the sacramētes but in due mater / as in water / bred / and wyne or such other / as he might haue done him selfe Ne yet he neuer graunted power vnto theym to doo myracles by their own power / as he him selfe dyd And syth he graūted nat to them power to mynyster the sacramentes but in due matter / which if he had done / it had nat dymynisshed the perfeccyon of theire ministracyon / but gretly enlarged it It is nat to thinke that he wolde gyue them power ouer such thīges / wherby they shulde be the more vnapte and vnable to vse the spiritual ministracyon to the people that he had gyuen vnto them as is the medelynge with temporall matters temporall busynes And howe great perell and daunger hath comen therby / as well to the hurte of their owne soules as of the soules of many other / no man knoweth but god alone And for as moch as it is verye lyke that spyrituall mynysters wyll nat frely remoue them selfe fro such Temporall power and Temporall busynesse All christen princes are bounde in conscyence aswell for the helth of the soules of all spirytuall mynysters as of all other people that they haue taken charge of / to remoue the occasyons that haue caused theym to set theymselfe so fully to the medelynge of Temporall thynges as many of theym haue done in tyme paste The .xi. reason OVr master Christ sayd to his lxxii discyplꝭ Luc. x. He that he rech you / hereth me And vpō these wordes this reason hath ben made / that for as moche as our lorde speke the seid wordes generally to his disciples / to whom all prestes be successours and shewed nat what tyme / ne wherin they shulde be herde / that hys wordes muste therfore be taken to be of this effecte / that he wolde that his disciples their sucessours shulde be herde and obeyed as well in thinges spyrituall as temporall / wherof it muste nedes folowe that they haue both powers / That is to saye spyrituall and temporall An answer to this .xi. reason ¶ It is to be vnderstande / that the same tyme that oure lorde speke the feyd wordes to his discyples / he sēte them forth to preach in to euery cyte and place where he shuld come and at that sendynge forth he sayde to theym on this maner The heruest is great the workmen be few pray ye the lorde of the heruest that he sēde workmen in to his heruest Go ye forth Lo / I sende you as lambes in the myddes of wolues / Bere neither secke / scryppe / nor shoes / and salute no man by the way In what house so euer ye ēter fyrst say / peace be to this house / and if the sonne of peace be there / your peace shall rest vpon him / and els it shall retourne agayne vnto your selfe In the same house abyde ye / eatyng drinkyng such as they haue Truly the work man is worthy his hyre / go nat fro house to house And into what cyte soeuer ye enter they receyue you / eate that is set before you / and cure the sycke folkes that be in it / saye vnto theym / the kyngdome of god shall drawe nere vnto you And ī to what cyte soeuer ye entre / they receyue you nat / ye shal go īto the stretes and saye Lo / the duste that cleueth to vs of your cyte we cast vpō you Neuertheles knowe this / that the kyngdom of god draweth nere And thā after certayne wordes that he speke to them concernynge suche cyties as wolde nat receyue thē / he sayd the wordꝭ before rehersed / He that hereth you / hereth me / wherby it appereth that his meanynge was to haue the people here hys discyples whan they preached such thinges as he commaunded them to do / that is to saye That the kyngdom of god drewe nere / as if he hadde sayde Whan ye preache that I commaunded you to preache / and as I my selfe do preache of the kyngdome of heuen / and vse youre selfe as lambes amonge the people / than he that hereth you / hereth me / for ye speke in me / and I in you And thā also all they that heare you and folowe your teachynge shall haue as moch rewarde as if they had herde me parsonally and folowed my teachynge Furthermore it is nat lyke that the meanynge of our lorde was by those wordes that his discyples shulde haue both powers spirituall and temporall for if he had entended so he wolde nat haue sent them forth so poorely as he dyd withoute secke / scryppe / or shoes / and bydde them lyue of their prechynge The effecte therfore of the seyde wordes is this That whā preachers preche the gospell truely vnto the people declare vnder what maner the kīgdō of heuē may cōe vnto thē / that they be thā reuerētly deuoutly herd But if they pretende to haue by that text or any other more worldly honour power / or rychesse / than our master Christ lefte vnto them / than the people ar nat bounde to obey theym in that pretence ¶ Of abusions and defautes in the clergye / concernynge the lawes of the realme The .xix. chapiter FYrst / it hathe ben a great defaute in dyuers of the clergye that they haue reported affermed in tyme paste / that the statute made in the .xlv. yere of kinge Edwarde the thirde / concernynge the tythīge of wood that is cōmenly called the statute of Silua cedua / is agaynst the lawe of god And that yet nowe that some questyon hath of late ben moued thervpon / none of them endeuoreth him selfe to proue it is so / ne yet to haue the matter sette in a good cleare waye but as it semeth force lyttell / though the matter rest styll in varyaunce as it hathe done before yf it be so suffered to contynue / great varyaunce wyll folow thervpō for the one lawe wyll that the tyth wode be payed / the other lawe clerely prohibyteth it ¶ Also it hathe ben a great defaute in many of the clergy / for that they haue made pretence in tyme paste / as wel in open sermons as in other places / that it is agaynste the lawe of god / that prestꝭ shulde be araygned before laye men / and that yet they haue nat endeuored thēselfe to shew any suffyciente auctorite to proue that it is so / clerely to stable the realme in that behalfe / but rather shew thēself content
that the mater shuld contynue in varyaunce / as it hathe done in tyme past Also it hath ben a ryght great default in many of the clergye that seynge that they haue made pretence openly that it is agaynste the lawe of god / that prestes shuld be arraygned before laye men / and that they haue yet opēly preched and taught / yea / and executed it in dede openly byfore the face of the worlde / that if a preeste be degrated that than he may be put in execucyon For though he be degrated he is a prest as he was before / bycause the carecter is indelyble And so that pretence of degratynge semeth to be none other / but an illudyng of the truth And that the bysshops wolde bringe the matter to that poynte / that such prestes as they wold haue arreygned afore laye men shulde be arreygned / and that none other shulde ¶ Also sith the knowlege of the lawes of the realme is in many cases necessarye to all men in this realme for the clere orderyng of conscyence and for gyuynge of true counsell to the people It is a great defaute in many of the clergye / that they haue endeuored thēselfe no more to haue knowlege therof thā they haue don And what incōuenyēces haue come therby / no man can tell for by that occasyon ignoraunce hath ben preferred before knowlege / as well in outwarde courtes / as in the secrete Courte of the soule ¶ Also it hath ben a great defaute in many of the Clergye / that they haue pretended / that it hath nat ben conuenyent for laye men to treate of the power of the clergye / ne to reason what be the keyes of the church / ne to touche the power of the makīg of their Canons / or to treate which be resonable and which nat for that right specyally belongeth to prīces and their counsell to loke vpon for if they shuld be driuen to beleue the iugement of the clergye in thinges concernynge the honour / power / iurisdyccion of the clergye agaynst their owne / they might happely be disceyued for the more power that the clergy hath in temporall thīges the lesse is the power of princes / therfore they that be lerned in the kinges lawes / ar specyally bounde before other to know the power of the kynge and of his parlyament For howe can they knowe that the lawe that they haue lerned is to be ministred amonge the people / If they knowe natte whether the kynge by whose auctorite it is ministred / haue power to cōmaūde the ministracyon of it Also he that knoweth nat that the parlyament of Englande hathe power by the hole church of Englād can nat fully knowe the power of the parlyament Furthermore no man can knowe the power of the kynge and of his parlyamēt but he knowe the power of the clergy For it is no dout but that such power as the clergye hath by the īmediat graunte of Christ / the kynge ne his parlyamēt can nat take it from theym thoughe they maye order the manner of the doynge What an abusyon is it thā in thē that wolde make the lerners of the lawes of the realme beleue that it is nat conuenyent for them to serche / ne knowe what is the auctorite of the clergye for the auctoritie of kynges and of the clergy be so lynked togyther in many thinges / that the one can nat be knowen / but the other be knowen also And yet as it hath ben reportyd / many right notable men haue ben brought to that belefe in tyme past Moreouer it is no defaute in lerners of the lawe to pretende ignoraūce in high doutes of scripture that parteyne nat to the lernynge of the lawe / but to p̄tende ignoraunce in the power of the kinge and his parlyament or of the clergy which be the thinges that most specyally parteyne to the approuynge or dysaprouynge of that they haue taken in hāde to lerne is gret defaut And furthermore / sith dyuers spūal men haue taken vpon thē to reason whether laye mē haue power to assygne what cloth shal be layed vpō a deed corse at his buryall / what candelstyckes other thinges shall be set about hī / and what nat why shulde nat leye men / and specyally those that be lerned in the lawes of realmes and countreys serche whether the reasonynge and determynacyon therin procede vpon an indifferency accordyng to the trouth or vpon a synguler couetice of them selfe / and if they ought nat nor mi●t nat do so / thā might the clergy happely bīde laye mē to that they ought nat to do in many cases Neuerthelesse we thinke nat that al the hole clergye be fallen into these defaultes before rehersed for we doute nat but that ther be many of thē that haue their eyen fully set open vnto the trouth ne yet we thinke nat that any of the clergye now lyuyng be in the ful defaute of the sayd abusyons for many of theym were bygonne by their predecessours before their tyme / and therfore if they wyll herafter endeuour thē self with good dilygēce to helpe that the defaultꝭ which were first begō by their p̄decessours may be reformed They shall therby deserue great thanke of god / gyue also a good a blessed exāple to al the peple toward a good vniuersall reformacion Amen ❧ Fautes in printynge ¶ In the tenth chapiter the fourth lefe / the seconde syde / the .xix. lyne / rede many for any ¶ In the .xiii. chapiter the seconde lefe / the fyrste syde / the .viii. lyne / rede vnder for vnto And in the .ix. lyne for abbot rede the abbot ¶ In the .xvi. chapiter / the seconde lefe / the seconde syde / the .xiii. lyne / rede emunitas for emunitatas / and in the .v. lefe / the first syde / the .xiiii. lyne / rede contayned for contryued ¶ In the .xviii. chapiter / the .xiii. lefe / the fyrst syde / and the last lyne rede to be herde / for herde The table THat kinges and prīces haue their auctorite īmedyately of god of obedyēce to thē the .i. cha ¶ Certayne other auctorities concernīg kynges princes the .ii. cha ¶ Of auctorities prouyng that kīges in tyme past haue ordered thinges that some men call spyrituall thynges The thirde chapiter ¶ Whether the statute of Silua cedua / that treateth of tyth wood / be agaynst the lawe of god the .iiii. ch ¶ Whether the spūall spirituall Iudges be boūde in any case to take knowlege of the kynges lawes The .v. chap. ¶ Of arraygnīge of prestes before laye men The .vi. chapiter ❧ Whether any of the constituciōs prouincyall be agaynste the kynges lawes / and of the exposicyon of maister Lynwode made therupon The .vii. Chapiter ¶ Whether the treatyce called Circumspecte Agatis / be a Statute The .viii. Chapiter ❧ Whether crysten kynges haue any lesse power ouer their subiectes after their conuercyon than they had whan they were Paynymmes The .ix. chapiter ¶ If a kynge that is an Infydele offre to be conuerted / but he wyll receyue no holye dayes but onely the sondayes / nor haue his Subiectes bounde by anye lawes / but of hys owne makynge / whether he shal be receyued with those condicyons The .x. Chapiter ¶ If a vowe be made to a saynte / whether that avowe must be performed vpon payne of restitutyon The .xi. Chapiter ¶ If the writ of Excōicato capiendo / were put awaye / whether the keyes of the churche were thereby offended The .xii. chapiter ¶ Whether the artycle of the statute of Carleole that treateth of comen seales / be a statute the .xiii. ch ¶ Of excōicacyons made agaīst the kynges lawes The .xiiii. chap. ¶ By what lawe the kyngꝭ courte is put out of Iuri●diccyon / for tythes The .xv. Chapiter ¶ Whether diuers cases contained in the Sūmes called Sūma rosella and Sūma angelica / that be recyted in this chapiter / stāde with the lawes of the realme the .xvi. ch ¶ What shulde cause the hyghest commen welth nowe in these dayes The .xvii. chapiter ¶ Of dyuers reasons to proue that the clergye haue bothe powers spyrytua and Temporall / with answeres therto The .xviii. chapiter ¶ Of abusyons in dyuers of the clergye concernynge the lawes of the realme The .xix. chapiter ¶ Finis ¶ Printed at Lōdon by Thomas Godfray Cum priuilegio Regali