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A01107 The true dyffere[n]s betwen ye regall power and the ecclesiasticall power translated out of latyn by Henry lord Stafforde; De vera differentia regiae potestatis et ecclesiasticae. English. Fox, Edward, 1496?-1538.; Stafford, Henry Stafford, Baron, 1501-1563. 1548 (1548) STC 11220; ESTC S102496 87,647 232

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people Genesis xvii But let vs beginne at the boke of Genesis or of the creacion of the world in which boke it is thus writton The laude is the kinges and princes The laude of the preistes which the kinge gaue them by whiche wordes it manifestly appereth that the laud was the kinges and was geuen by them to the preistes and that the dominion of erth perteyneth to kinges in that that thei were kinges of whose handes the prestes receyuid al that laude they had and in the .xvii. Deutoronomi xvii chapiter of the boke of deuteronomi When thou shal entre into the lande whiche the lorde shal geue to the when thou shalte saye I wyl constitute a kīg ouer me as al nacions nere about haue that shalt constitute hym whych the lorde god shalt chose amongest the brethern and after that he shal sit vpon the seate of his kingdome he shall wryte hym oute in a boke this seconde lawe taking example of the prestes of the tribe of the leuites of which texte it manifystly apereth that all nacions at that tyme had kinges Kinges shuld be chosen of the same nacion haue a booke of the lawe se the lawe kepte And that they were constytude at the fy●st amongest the people of god by the eleccion of god to whome hit was commaunded that they shulde write the boke of the lawe of god that is to wrytte not onelye for that entent they shulde haue it and kepe it with them without any other vse of it But that they shuld commaunde that lawe to be kepte obserued insomoche that it longeth to them to correcte and to punyshe and it longethe to the preistes only to preache and to geue other example of the lawe yf it were required further to shew the preemynence of a Kynge it is wrytton in the thryde boke of Esdras in the .iiii. What lōgeth to a kinge or prince what to a preist and of the preemynence of a kinge chapiter the kinge is superiour of al and beareth rull of them and all that he commaunded them they do iii Esdre iiii ¶ And he sende them to warfare they go and breake downe hilles walles and towres they are kylde and kyll other men and ouer passe not the kinges worde and yf they get the victorye they bringe to the kinge al the spoyle lykewyse al other that medle not with warres nor fyghtinge but tyll the ground when they reape they bring tribute to the kinge And if the kinge alone do but commaund to kyl they kyl If he commaunde to forgeue they forgeue If he bid strike they stryk if he saye dryue awaye they dryue away if he say builde they builde if he commaunde to breke downe they breake downe yf he saye plante they plante and all the comens and rulers are obediēt to him and the king in the meane time sitteth downe eateth drynketh and taketh his rest and they kepe watche rownd aboute him none of them dare gette him out of the waye to do his owne busines but must be obedient vnto the kinges at a worde and in the fyrst boke of the kings our lorde sayd to Samuell shewe to them the dutie of a kīge that shall raygne ouer them he shal take away your synnes your fildes your vyneyardes your olyuetres and he wyll take the tenthe of your corne and of your flockes and you shal be his seruauntes i Regū ix What is the dutye and authorite of a kīge and in the seconde boke of Paralapomenō or Cronicles iii Paralopemeno xix rauadias a ruler in the house of Iuda shal be ouer al causes that appertayne to the kinge also they psalmist saieth nowe ye kinges be ye wyse be warned ye that are Iudges of the erth betokeneth that it belongeth to kinges to Iudge the erthe Psalmus iii It belongeth to kynges t● minister Iustice and Iudgement ¶ Also in the .xxxviii. chapter of duteronomium it is writton thou shalt constitute a kinge ouer the. Deutoronomium xxxviii And in the first boke of the kinges ix i Regū q chapi when Samuel had loked vpō saul our lord said to Samuel this is he hath I told the of ii Regū ii ii regū v he shal be ruler of my people and in the .iii chapiter of the seconde boke of kinges our lord sayth the man of Iuda haue noynted me to be theyr kīge and it folowith in the seconde boke of the kinges .v. chapiter the seniors of Israel came ennoynted Dauid to be theyr kinge and our lorde sayed thou shalt fede my people and thou shalt be capitaine vpon Israell Salomen wryteth in his prouerbes by me kinges do raygne throwe me prynces make Iust lawes thorowe me lordes be are rule and all Iudges of the erth execute Iudgement and in the Properbiorō viii vi chapiter of the boke of Sapience or wisdom Sapientia vi O ye kinges here and vnderstande geue eare ye that rule multitudes for power is geuen to you of our lorde and strength of the hiest whiche shall trye your workes and searche out your Imaginacions and a wyse Kinge is the vpholdinge of his people in the boke of Exodi the .xxxii. Exodi xxxii chapiter it is redde Aaron the high preist sayd to Moyses where he was in the roume of the prince and kinge The hye prestes called the kinges theyr lordes and thē selfes their seruauntes whiche proueth kīges to be superiours as to the hye prestes let not my lorde be angry with me c. And Achimelich the hye prest called himself the seruaunte of kīg Saull in the fyrst boke of the kinges in .xxiii. chapiter the kinge sēt to cal Achimelech the prest the sonne of Achetobe all his fathers house that is to saye the prestes that were in Nobe and they came al to the kinge and Saul sayd to achimelech here the sonne of Achitobe and he sayde here I am my lorde Saull sayd to him whye haue ye conspyred against me thou and the sonne of Isaye c. and achimelech answered god forbedde this from me let not the kinge suspecte anye such thinge agaynst his seruaunt in al the house of my father for they seruaunte knewe nothing in thy● matter nother lesse nor more ¶ Then there as the hie bisshoppes did cal the kinges there lordes thē selfes the kinges seruannts it maye wel be gathered that kinges be superiours to the bisshoppes that the bysshops ought to be subiecte to kinges Saynt Peter vsith the same maner of argumētaciō in his fyrst epistle .iii. i Petri iii chapiter prouynge that Sara was subiecte to Abraham bicause she called hym lorde after the example of whome other women shulde be subiecte to their husbandes Christ by no other maner of argument dothe shewe in the .xxii. Math xxii capiter of Mathew that Dauid was inferiour than our sauiour but bicause he called him his lorde
distroye these thynges that my predecessors haue constituted I might be well proued to be not a builder with them but a puller downe the voyce of the treweth beringe witnes Euery realme deuyded amongest them selfes shal not stāde and al sience and lawe deuyded agaynst it self shal be distroyed It is to be feared that the canon lawe lose his authorite in which thing it is to be feared that the same Gregorye be proued a trewe proffecte And that the canon lawe at this day by doubtefulnes and proplexite of contrarityes be dissolued which by labour of mani yeres was made and builde the stones not well Ioyned together this papisticall power trulye of the see of rome hath oftetymes so far gonne from her owne coste that it hath ofte times Iniuriously hādled vexed perturbed this realme of The papysticall power hath ofte times trobled Englād But good bysshopes did resist and defēde ther own Iurisdiccion excludid al foren power Englād verry farre distante from them whiche power not onelye sage and wyse kinges But also the prudent and the holye bysshoppes of the realme repelled and put backe nor wolde not suffer it to take his pleasure but they kepe defended there owne Iurisdiccion authorite and excludid all suche forē power as it may euidently appere to euery mā which haue rede ouer the Cronycle of England Laurence arch Bysshop of Cauntorberie and dunstone archbisshoppe of the same Grosted aperfitte man bysshop of Lincolne dyd refuse al suche foren power in which it is had manifestli Howe Laurens Archebisshop of Cantorburi saynt Dunstan archebisshop of the same see Grostede a very perfecte man bisshop of Lyncolne did refuse and forsake all suche foren power Gregorye writynge to augustine in a nother place doth manifestli shewe the same that the lawes or canons of the se of rome take noe effecte with al men and that men shuld not take more regarde to obserue xii distin cap nouit them then of they edifininge of the fayth of people in chryst These be the contentes of his wordes Marke the wordes of gregori to the churche of Englāde You knowe brother the custome of the churche of Rome in which ye remēber that you were norisshed and brought vp in / but it is mynded that wher soeuer ye haue founde other in the church of rome or in the church of Fraunce or any other churche that may better please god that ye shal instructe and enforme the churche of England whiche is newly and latelye come to the fayth and now in the setteling with the chefe and most godliest ordinaunces that ye can gether of all other churches for the thinges be not to be beleued for the place But the place for the thinges therin Therfore of euery churche whatsoeuer it be that that is godlye that is vertuose that is iust and good chuse out and binde them together in a bundel graf or prynte them in the myndes or hartes of Englishe mē by custome of which texte also this appereth that these canon lawes haue not obtayned strenght by exacte obedyence but by inticementes of there good for so wryteth gregory that they gathered to gether in a bundel shuld be inculked in the mindes of the people of England by custome not to be required or extorte by censures or compulcions nor it is not to be let passe that Pope Adryane in his synode celebrate at rome gaue vnto charles authorite and power to chuse and electe the bysshope of Rome and to ordre the apostolical se but here I sesse rehersing the actes and sainges of good bysshops for it is long of scarsy of good bisshoppes that we vse no more exāples Distin lxiii cap adrianus Pope Adrianus gaue clarkes aucthorit● to chuse the bysshop of rome to order the Apostolicalse in this maters for after that the apostles whiche that they myght better entende preachinge the worde of god and prayer did leaue seruinge the tables although it were a verie good worke and Acth vi dyd clene alienate them selfe from that sainge it is not mete for vs to leaue the worde of god and serue tables Veri sureli singnifieng that it pertayned chefely to other office that they shulde geue all other labour the dylygens in preachynge the worde of god after these I saye a fewe other in the primatiue churche the foloweres of them all the bisshoppes of rome almost so fare went backewarde from christ that was there chefe example In there liuing and institucions as they were behinde him in tyme. Bysshopes of rome went so far backewarde from christ in vertue as they did in time But if these thinges whiche we haue rehersed before shude be layde agaynst the bysshoppe of rome at this day if that power shulde be estemed after the sentencis of the good bisshopes shulde not they be compelled to vndo many thinges that he made done lest it shulde chaunce that Gregorye wryteth vpon the wordes of our lorde That euery Realme deuyded amongest them selfes shal fal be distroyed ¶ But nowe we wyl in hande with that thynge whiche we promysed to speake of in the fourthe place That is to saye what auctorite is geuen to kynges other by the law of god or else by the permissiō of mā in spiritual or holy things What aucthoryte is geuen to kinges by god or else by the permissiō of man In whiche matter fyrst we wyl entrete of al kinges generally after that peculiarli of the kings of Englād fyrst it shal be shewed the god not onli with most euident signes in the whole order of nature dyd expresse his wyll of the authorite and power of kynges but that he dyd declare it also with manyfest wordes in the holye scriptures both of the olde testamente and the newe and that god did gyue with his owne mouthe Kinges to be rulers of his people and the power of them largely expounded he dyd confirme God by his owne mouthe made kynges rulers of hys people In the example of nature amongest the chif philosophers plato aristotle and appolonius did perseaue and considre that as in the whole worlde one is the hie creature and ruler of al thinges as amonge the stertes the some precelles al other The gouernāce of kynges apperethe be naturall thinges by scripture also amongest the beese one kinge ther is on belwether the flocke dothe folowe And one leader the herde the cranes folowe all one lykewyse in a cōmunalte shulde be one king as hed to whome the members shulde agre and this consideracion of the communalte shewed by the inclinacion of nature And by the worke of nature drawen out and prynted with more obscure tokens god hath aparteli manifest to vs in holye scriptures oftentimes making mencion of kynges and playnelye approuinge the power of them by his owne mouth appointing them which shulde raygne and fede his