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
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A45213 An argument upon a generall demurrer joyned and entred in an action of false imprisonment in the Kings Bench Court termino Trinitatis 1631. rot. 1483. parte tertia, betweene George Huntley ... and William Kingsley ... and published by the said George Huntley ... Huntley, George.; Kingsley, William, 1583 or 4-1648.; England and Wales. Court of King's Bench. 1642 (1642) Wing H3779; ESTC R5170 112,279 128

There is 1 snippet containing the selected quad. | View lemmatised text

obedience onely that is with such obedience as the canons require For as Bishop Bilson in his forcited treatise de perpetua Christi Ecclesiae gubernatione saith In our Church metropolitani d●aecesani scriptis in quaque re legibus diriguntur and againe in our Church minime sibi sumunt diaecesani ut diaecesibus suis leges constituant quod tamen presbyteriis vestris in qualibet paraecia licere contenditis He speaks against the Presbyterians sed ut quas pii principes concilia rite celebrata decreverius executioni mandari faciant And thereupon afterwards he calls the Bishops of our Church in their severall jurisdictions custodes non conditores canorum which wordes of his doe fully approve of canonicall obedience and utterly exclude all arbitrary and blind obedience out of our Church And so my Lord by the definition both of canonicall and arbitrary obedience it appeares that Canonicall obedience is such obedience as the canons require and if if it exceed the Canons never so little it is no longer Canonicall but arbitrary My fourth reason to prove that canonical obedience is such obedience as the canons require is in my apprehension of more strength and force than the three former and it is taken from the 19. and 21. chap. of 25. of Henry 8. which acts doe so limit and confine the Clergy of this land unto the canons either made by a provinciall synode in this land and confirmed by his Majesties letters patents out of his prerogative royall or else made beyond sea and received here for lawes of this land by the Kings sufferance and the subjects free consent and usage that none of the Clergy in their severall jurisdictions can goe beyond those canons without incroaching upon the supreme Ecclesiasticall jurisdiction of the Crowne and therefore the Canonicall obedience approved and required in our Church by the oath of canonicall obedience must of necessity be such obedience as those canons require because the superiour clergy cannot out of command require more nor the inferiour clergy out of obedience yeild more without prejudice to the Kings supreme Ecclesiasticall jurisdiction This will appeare most evidently by the first of the first of Eliz. by the 19. and 21. chap. of the 25. of Henry 8. and by the oath of supremacy The first of the 1. of Elizabeth is an act to restore unto the crowne the ancient jurisdiction over the state Ecclesiasticall and Spirituall then the crowne hath a jurisdiction and an ancient jurisdiction over the state Ecclesiastical And as the first of the first of Eliz. doth shew that the crowne hath an ancient jurisdiction over the state Ecclesiasticall so the 19. and 21. chap. of the 25. of Henry 8. both revived in the first of the first of Elizabeth as parts of that ancient jurisdiction of the crowne over the state Ecclesiasticall doe shew how farre that ancient jurisdiction of the crowne doth extend over the state Ecclesiasticall and they doe extend it over the whole clergy and submit the whole clergy unto it in these two points or respects First concerning canons made beyond sea and then concerning canons made in this land Concerning canons made beyond sea they so farre submit the whole Clergy unto the prerogative royall and supreme jurisdiction of the Crowne that none of the clergy in their severall jurisdictions can execute or put in use any such forreine canons untill those forreine canons are first received heere for lawes of this land by the Kings sufferance and the Subjects free consent and custome Secondly among the canons in this land formerly made they abrogate all such canons as are contrary either to the supreme jurisdiction of the Crowne or to the statutes customes or common lawes of this land and approve and establish all the rest untill they be otherwayes ordered and determined by the 32. persons there mentioned and then concerning canons hereafter to be made in this land they submit the whole clergy unto the supreme jurisdiction of the crowne in these foure particulers The first particuler is that the Clergy cannot make any canons in their severall jurisdictions but onely when they meete in a provinciall synode The second particuler is that they cannot meete in a provinciall synode untill they be first call'd thither by the Kings writ The third particuler is when the clergy are so met being so call'd and have made canons that they cannot execute or put in use nay they cannot promulge or publish any one of these canons untill those canons are first confirmed by his Majesties letters patents out of his supreme Ecclesiasticall jurisdiction And the fourth perticular is that so farre they may goe further they cannot And then in the third place comes the oath of supremacy and that binds every Bishop every judge every Clergie-man and every other person that hath taken that oath to defend and maintaine all those foresaid particulers of the prerogative royall of the crowne over the whole Clergy For the last clause of that oath bindes every one that takes it (a) The words of the oath are to his power but they are so interpreted by the right Honorable Thomas Earle of Arundell and Surrey Earle Marshall of England and Generall of his Maiesties forces in his treatise stiled Lawes and Ordinances of warre pag 26. where he expounds the former wordes by these even to the utmost of my power and hazard of my life to the utmost of his power to defend and maintaine all jurisdictions priviledges preheminences and authorities united or annexed to the imperiall Crowne of this realme So that if any of them shall extend canonicall obedience or the oath of canonicall obedience or the archidiaconall Episcopall or Archiepiscopall jurisdiction by vertue of canonicall obedience or of the oath of canonicall obedience beyond those canons he doth incroach upon the prerogative royall of the crowne withdraw his submission from his Maiesty presume to make canons within his owne jurisdiction violate the oath of supremacy transgresse the first of the first of Elizabeth and the 19. of the 25. of Henry 8. and is therefore by that statute liable to be fined and imprison'd at the Kings pleasure And so my Lord I have by foure reasons proved that the canonicall obedience in force in our church is such obedience as the canons in force in our church doe require and that all arbitrary and blind obedience is quite excluded as a thing utterly repugnant to the word of God to the doctrine and discipline of their orthodox church to the supreme jurisdiction of the crowne and to the ancient and just libertie and freedome of every free-borne Subject And now my Lord by one syllogisme grounded upon this canonicall obedience I will acquit my selfe and all other incumbents from preaching the visitation Sermon and shew that every visiter every Arch-deacon Bishop and Arch-bishop is bound to preach his owne visitation Sermon and both these by vertue of canonicall obedience so that these two wordes which the defendants have