Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	king_n	law_n	prerogative_n	3,673	5	10.4433	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43631	The naked truth. The second part in several inquiries concerning the canons and ecclesiastical jurisdiction, canonical obedience, convocations, procurations, synodals and visitations : also of the Church of England and church-wardens and the oath of church-wardens and of sacriledge.	Hickeringill, Edmund, 1631-1708.	1681 (1681)	Wing H1822; ESTC R43249	69,524	40

more the Synods and Convocations at this day who are so far from being the Representative-Church of England that the people of England have not the least vote or suffrage in their Election they have not any hand I had almost said nor heart neither in the choice I am sure nor head in it I mean their advice is not askt about it Nor indeed as I shall prove hereafter are these Synods fairly Elected by the votes and suffrages of the Clergy the Inferiour Clergy and so also are not so much as the Representatives of the Clergy For though the Generality of the people heed them not so much yet they look upon the Inferiour Clergy to be at their Beck and still within their Clutches And to that purpose to make them easie and gentle to be ridden and to bear like Issachar all the burdens they impose without daring to kick them off they mouth them before they back them with an c. Oath in the 6th Can of 1640. of Canonical obedience which if they had not a good Swallow would choak them in the going down But finally my Babe of Grace forbear c. Cleveland's Poems will be to far to Swear For 't is to speak in a familiar Stile A Yorkshire Wea-bit longer than a Mile This pretty c. Oath of obedience Canonical is in these words Can. 6. of 1640 I A. B. Do Swear That I do approve the Doctrine and Discipline or Government established in the Church of England as concerning all things necessary to Salvation And that I will not endeavour by my self or any other directly or indirectly to bring in any Popish Doctrine contrary to that which is so established nor will I ever give my consent to alter the Government of this Church by Arch-Bishops Bishops Deans and Arch-Deacons c. as it stands now established and as by right it ought to stand nor yet ever to subject it to the Vsurpations and Superstitions of the See of Rome And all these things I do plainly and sincerely acknowledge and Swear according to the plain and common sense and understanding of the same words without any equivocation or mental evasion or secret reservation whatsoever And this I do heartily willingly and truly upon the Faith of a Christian So help me God in Jesus Christ And if any man Beneficed or Dignified in the Church of England or any other Ecclesiastical person shall refuse this c. Oath the Bishop shall give him a Months time to inform himself and at the Months end if he refuse to take it he shall be suspended ab officio and have a second Month granted and if then he refuse to take it he shall be Suspended ab officio beneficio and have a third Month granted him for his better Information but if at the end of that Month he refuse to take the Oath abovenamed he shall be deprived of all his Ecclesiastical Promotions whatsoever and execution of his Function which he holds in the Church of England Solomon says The mercies of the wicked are cruel Prov. 12.10 but whether the Imprudence or the Impudence the ignorance or the audaciousness be greater for men at this day to dare to put those Canons in execution and to Quote them and give them in charge as Rules and Canons and Laws to the present Clergy when they are condemned by 17 Car. 1.11 and also by 13 Car. 2.12 Query What Penalty they do incur that dare set up Laws in Defiance of the Statutes of this Realm to enthral the Kings Liege People For both Laity and Clergy are in a fine Dilemma at this wicked rate Since that whosoever denies the King and Parliament to be the only Legislators or affirms that the ancient Hierarchy of the Pope is yet in being or that any other have power to make Laws in this Realm contrary and Repugnant to the Kings Prerogative Royal or the Customs and Laws or Statutes of this Realm shall be punisht c. on the one hand For what skills it to cut off the Popes Prelatical Hierarchical or Pastoral head and set up with a new-name another in the Room of it whether Presbyterian Fifth-monarchy Prelatical or any other Bigots this is to cut off Hydra's head when another as bad and alike as two Twins starts up in the Room of it But on the other hand if either Clergy or Laity derogate from Holy Synod and do not acknowledge it to be the Representative-Church of England Can. 139 140 141. Anno 1603. and that dare affirm that the Government of the Church by Arch-Bishops Bishops Deans Arch-Deacons and the rest or c. is Antichristian or contrary to the word of God shall be Excommunicated never to be absolved until they repent and publickly revoke this wicked Error I know some that have as good a Swallow us the best Latitudinarian of them all Can. 7. 1603. but of all cornute things they most dread a Dilemma for though you escape one horn you are catcht and tost upon the other To affirm the Pope or any thing like the Conclave any other Pastoral head to be the Supream head and Governour of the Church is to incur a Praemunire by denying the Kings Supremacy as also by denying the King and Parliament to be the only Legislators And there is not a Protestant in England if a Lay-man that dares or does deny the Kings Supremacy and that the King and Parliament are the only Legislators Law-makers or Canon-makers Nay the Lay-men are not much afraid to say that the Government of the Church by Arch-Bishops c. or Reliquos whether Commissaries Officials Arch-Deacons Sumners or Apparitors Surrogates Registers deputy Registers Canons Petty canons Prebends Residentiaries Non-Residentiaries Chapters Chanters Precenters Rural-Deans Sub-Deans Vicar-Generals Lay chancellors c. which last are a kind of Lay-elders which we laugh at in the Presbyterians are not sound nor in the least mentioned in the word of God although they are threatned with Excommunication which in their sense is eternal damnation until they recant publickly and within 40 days after Excommunication the Gaol But the Clergy men poor Souls they are hamper'd with an c. Oath of Canonical obedience dare not say any thing in defiance of that c. Oath though it be condemned which they honest men do not know at least very few of them by Act of Parliament namely by the 13 Car. 2.12 as aforesaid The Statute 25 Hen. 8.19 condemns the Popes Supremacy and all Hierarchy and Canons which were prejudicial to the Kings Prerogative Royal 25 H. 8.19 and to the Laws and Statutes of this Realm and gives Power and Authority to the King Hen. 8. to nominate and assign at his pleasure thirty two Persons of his Subjects whereof sixteen to be of the Clergy and sixteen of the Temporality Some Lay-elders then in those times of the upper and nether House of the Parliament to view search and examine the Canons Constitutions and Ordinances

strange Religion is built on this rotten foundation Whereas the Church of Jerusalem on whom the Holy Ghost descended chang'd their Opinions if not their Canons concerning the observation of Circumcision and the Mosaical Ceremonies for Acts 15. they required not those Ceremonies but Acts 21. they did require them nay St. Peter himself would not eat with an uncircumcised Christian Gal. 2. if a Jew was present notwithstanding he was one that made the Canon to the contrary Acts 15. Gal. 2. Acts 21. Acts 15. And St. Paul that reprov'd his inconstancy Gal. 2. and would not Circumcise Titus yet had Timothy Circumcised Acts 21. If the Pillars of the Church warp can we think any other Canon-makers of the Church are infallible so that we must believe all they Decree in spight of our Teeth or else by Excommunication Take him Devil and forty days after Take him Jaylor This is like the Muscovites that acknowledge no Christians but themselves and the Greek Church or like the Donatists that confined the Church of Christ to themselves at least within the bounds of Africa which was a larger extent than was afforded by the Family of Love Gratian. Dist 16. and many of our Sectarists whose Opinions in this kind are derived from Rome like that of Pope Agatho l. That commanded that all the Popes Decrees should be taken for the Oracles of God and as true as if pronounced by the Mouth of God though contrary to Holy Writ Thus the Council of Trent Decreed Conc. Trident Sect. 5. Can. 2. that the Church that is themselves had power to change the Sacraments And the Council of Constance did change the Institution of the Lord's Supper by Robbing the Laity of the Cup with a non obstante to Christs command But now henceforth this being premised I 'le keep to our own Canons and Canon-makers of which Query I. Whether Ecclesiastical Canons that want the Stamp of Legislative-power or Acts of Parliament are necessarily binding and of force to us English-Protestants And this Inquiry was occasioned by a late Discourse or Sermon Mischief of Separation Preached by the Reverend Doctor Stilling fleet May 2. 1680. at Guild-hall upon that Text Phil. 3.16 Whence he exhorts in the words of his Text his Auditory to walk by the same Rule or Canon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mischief of Impositions yet Canon is not found in some Greek Copies as one has in answer to the Doctor already very ingeniously observed But the accurate Mr. Baxter very pertinently in a Letter to the Doctor puts him upon declaring what is this same Rule or Canon and who makes it which one would think should be very necessary and one of the first things as a foundation on which should be built any pertinent or rational Discourse For if one certain Rule or Canon be not agreed upon it is impossible to know when we straggle and walk disorderly deviate and err And also if Preachers exhort as they ought to walk by the same Rule and yet do not declare what that same Rule is and who is the Rule-maker the Canon-maker or Law-maker they had as good say nothing at all But the wary Doctor waves the answer to Mr. Baxter and either would not or could not or durst not declare what is the Canon and the Rule and Who are the Rule or Law-makers very wisely foreseeing that Mr. Baxter had got him upon the Lock For it had been dangerous for a Protestant Doctor to deny the King and Parliament to be the only Law makers or Rule and Canon-makers But on the other hand if the Doctor had declared against the Pastoral-Head and Synod who stil'd themselves the representative-Church and no man in pain of Excommunication Can. 139 140 141. Anno 1603. to dare to derogate from their Authority possibly he might fear to come within dunger and reach of the Bishops Canons at least he might fear he had in so doing arriv'd at the Pillars ef Hercules and the streights the nè plùs ultrà of his Preferments But no private-ends ought to byass any man or stop his mouth from speaking out and plain such a necessary Truth for want of adjusting this Query What is truth What is the Canon the Rule this same Law we ought all to walk by that we may all speak the same things For if the Trumpet give an uncertain sound an undistinct sound who shall prepare himself to the Battle 1 Cor. 14.8 1 Cor. 14.8 If one Clergy-man sounds a Retreat whilest others sound Boots and Saddles To Horse To Horse Into what confusions will the distracted-people run and no wonder For certainly this is the great cause of our Divisions not to be remedied at least not till agreed among our selves and till we walk after the same Rule For uniformity in Religion ought to be the endeavour as well as Prayer of all true Christians that all of us may Rom. 15.6 with one mind and one mouth too glorifie God even the Father of our Lord Jesus Christ Rom. 15.6 But how is this possible or that Christians should speak the same things and walk by the same Rule when this Rule is not agreed upon no not as aforesaid among our selves For if the Acts of Parliament the universally confessed-Law of England even in Religion be the Rule or Canon and the King and Parliament the only Law-makers or Canon-makers as who dare deny now that the Popes Hierarchical Head is cut off without Incurring a Praemunire and that can and being the only Representatives of the People of England alone ought to make Acts of uniformity in Religion and of all other things especially to have a care of Religion and a watchful eye over Religious men Then how comes the Convocation to call themselves the Representative-Church of England and thunder out Excommunication which with them is eternal Damnation Can. 139 140 141. An. 1603. if men die before they recant and publickly repent their wicked Error in thinking to the contrary And ask any of the Convocation at this day if they also do not look upon themselves and value themselves as the Representative-Church of England and they will not surely deny it For if they be not that what are they But though those that made the Canons in 1603 might in some sense be called the Representative-Church of England and so also were that Synod of London that made the Canons Anno Dom. 1640. which are commonly called the Lambeth-Canons and are Damn'd already as I 'le demonstrate beyond all contradiction if any dare deny so great and evident a Truth Yet the Synods and Convocation now adays have not the Authority they had they are scarce the shadows of those Synods and yet the Authority also of those Synods in 1603 and 1640 and all they did is now abrogated and taken away by Acts of Parliament and their very beings annihilated and made of no force power strength nor vertue as I shall shew hereafter much

illa absolutos c. This amongst many others wherein I could instance is but to shew that the King's Judges did controul the inferiour Jurisdictions called Ecclesiastical and Judge whether the cause or contempt deserved Excommunication and accordingly commanded Absolution c. as I have known the Lord Chief Baron in his Majesties Court of Exchequer about seven years ago command Doctor Lake Commissary of Lincoln and then in Court to absolve one King c. to which the Doctor making some tergiversation the Lord Cheif Baron threatned to lay him by the heels for his contempt For it is great insolency for a Commissary Official or his Master the Arch-deacon to excommunicate in their Courts and Visitations the Kings Subjects except by Authority and Commission from God or the King From God they have no power to excommunicate or to hear Causes then hath any Parish-Priest in his Parish if so much And if they have a Commission from the King let them shew it but when they have shewn it I dare say it will run with submission to His Majesties Decrees in his superiour Courts Courts of Record at Westminster Courts of good and great use Courts that have his Majesties Authority and Commission to shew for what they do Courts that do not bear the Sword in vain Courts that are not made up only of an empty noise of Curses and Anathema's thundring and cracking as if they came from Heaven when all is but vox praeteria nihil and not of little or no use but to vex and weary out the Supplicants Suiters and Attendants by enriching some few not of the best of mankind with Money Money And on the contrary how careful have our Kings of England been rather to encourage Parish-Ministers that labour and look after the Flock even in times of Popery as for instance in this Brief sub privato sigillo Edwardi 1. anno regni ejus 33. in these words Rex dilecto sibi Ricardo Oysel Ballivo suo de Holdernesse salutem Mandamus vobis quod de exitibus Molendinorum nostrorum in Belliva vestra faciatis Decimas dari Personis Ecclesiarum in quarum Parochiis Molendina ista existunt prout alii Magnates de regno nostro ac hominis partium illarum Decimas dant de exitibus Molendinorum suorum Et nos vobis inde in compoto vestro ad Scaccarium nostrum debitum allocationem fieri faciemus T. R. apud Westm 20. die Octobris Per breve de privato sigillo And good reason sure had that valiant King to give all due encouragement to the Inferiour Clergy if we consider how he was affronted and defy'd and brav'd by the Prelates Polid. Virgil Angl. Hist l. 17. especially by Robert Arch-bishop of Canterbury so that the King was forc'd to put all the Rebellious Prelates and Clergy out of his protection seizing their Goods and Revenues until they at long-run submitted themselves after a tedious Bustle to which they were encouraged by Pope Boniface I know that the King granted his Favour afterwards and Protection to the said stout Arch-bishop Robert and the rest and suffered the said Arch-bishop to stand by him and his Son upon a wooden Scaffold erected before the Gates of Westminster-Hall for that purpose when with many Tears the King askt Pardon with all Humility not the Arch-bishop's Pardon but that the People would pardon him Walsingham Hist Angl. p. 36. but it was not for his humbling the proud Clergy as aforesaid but for his Arbitrary Government Dicens se minús bene tranquillè quam Regem deceret ipsos rexisse c. Rursum ut libertates contentas in Magna Charta Mat. West An. 1297. p. 409 410. Ypodigmae Neustr p. 84. de Foresta in usu extunc efficacius haberentur voluntarias super his exactiones inductas de caetero quasi id irritum revocaret petentibus Comitibus Baronibus Rex Articulos in praedictis chartis contentos innovari insuper observari mandavit Henry de Knyghton adds Rogavitque Populum accepta licentia ut omnia condonarentur ei orarent pro eo orabant quidam publicè alii vero sic alii vero occulte pauci vero bene Anno 32 Edw. 1. this King was again affronted by Thomas Corbridge Arch-bishop of York For when the King by his Letters Patents granted to Mr. John Bouhs the Prebend of Styvelington in the Church of St. Peter in York and commanded Thomas Corbridge the new Arch-Bishop to admit him c. after two successive Mandates he neglected to do it to the King's damage 10000 l. as in the Plea Rolls of Trinity Term held at York To be seen in the Receivers Office of the King's Exchequer at VVestminster 32 Edw. 1. is at large expressed Thereupon the Arch-bishop being summoned to answer this contempt before the King's Justices he appearing answered That he was always ready to obey the Kings commands so far as he could but he could not admit the King's Clerk because the Pope had conferred the said Prebendary and Chappel thereunto belonging on his own Clerks of whom they were now full and that he could not make void the Act of the Pope his Superiour Lord nor deprive or remove his Clerks And therefore prayed the King to hold him excused refusing to give any other answer Whereupon Judgment was solemnly given against him That what he alledged was no sufficient cause for him not to execute the Kings commands and that all his Temporalties should be seized into the Kings hands for this his contempt c. By which we may see that even in times of Popery the Kings of England have opposed the Popes Innovations and Usurpations and the Kings Justices have taken cognizance of these Ecclesiastical matters and that no Forreign Mandates or Bulls were pleadable in the Kings Courts in bar of the Kings Writs and that long before the Reign of King Henry 8. obedience to the Pope before the King was adjudged a very high contempt in Law and had a suitable punishment and that the Kings Temporal Courts had Soveraign Jurisdiction over the Ecclesiastical Proceedings which is also more evidenced by the several sorts of Mandates dates and Writs even in times of Popery frequently issued out against Arch-bishops Bishops Ecclesiastical Judges and Ordinaries commanding them to do this and that and prohibiting them not to do this and that witness the Writs of Quare impedit Quare incumbravit Quare non admisit de Clerico admittendo de copia libelli deliberanda de permutatione Beneficiorum de revocatione Praesentationis Bracton de Residentia facienda de cautione admittenda de Assisa ultima Praesentationis cessavit de Cantaria de Nonresidentia pro Clericis Regis de Praesentatione ad Ecclesiam Praebendam Capellam c. Nay it seems to me that even in times of Popery the Kings Judges would take no notice of any Excommunications Cook Instit 134.2 but what were decreed by the