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	parliament_n	supreme_a	2,829	5	9.2880	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88083	Erastus Junior. Or, A fatal blovv to the clergies pretensions to divine right. In a solid demonstration, by principles, forms of ordination, canon-laws, acts and ordinances of Parliament, and other publique acts, instruments, records, and proceedings, owned by themselves, that no bishop, nor minister, (prelatical, or Presbyterian) nor presbytery (classical, or national) hath any right or authority to preach, ... in this nation, from Christ, but onely from the Parliament. In two parts: the one demonstrating it to an episcopal, the other to a Presbyterian minister. By Josiah Web, Gent. a serious detester of the dregs of the Antichristian hierarchy yet remaining among us.	Lewgar, John, 1602-1665.	1660 (1660)	Wing L1831; Thomason E1010_11; ESTC R202720	19,588	24

the time of Edw. 2. had prohibited it to all Lay persons under excommunication both to them that did it and to the Bishops that accepted it Which their desisting to use it after that time and the Parliaments silence in it who were at that time very active and full of animosity in vindicating the rights of the Crown against the Popes usurpations and incroachments seems to acknowledge that those who had done it before had done it defacto onely and not of right But however it were for that of Investing it is certain all our Histories will not afford one Instance of any King of England who appointed or assigned that is in the sense of the Statute authorized Bishops to Consecrate a Bishop So without all peradventure this priviledge was plainly granted to the Crown by this Statute And it was granted him at first onely in case of the Popes refractoriness but soon after by the Statute aforenamed all recourse to Rome for Confirmation or Consecration of any Bishop was forbidden and the power of authorizing Bishops within the Realm to perform those acts was placed absolutely in the King Whereas in the said act meaning that afore spoken of it is not plainly expressed in what manner Archbishops and Bishops shall be Invested and Consecrated within the Realm be it now therefore enacted by the authority of this Parliament that no person shall be presented to the Bishop of Rome nor shall send nor procure there for any manner of Bulls Palls or other things requisite for an Archbishop Bishop c. And if the person be elected to the office of an Archbishop after such Election certified to the King he shall be reputed Lord Elect to the said Office And the King shall by his Letters Patents signifie the said Election to one Archbishop and two other Bishops or else to four Bishops within this Realm to be assigned by the King requiring or commanding him or them to Confirm the said Election and to Invest and Consecrate the said person so elected to the Office and Dignity that he is elected unto and to give and use to him such Pall Benedictions and other Ceremonies as formerly were used And every person being hereafter Invested and Consecrated to the Dignity or Office of any Archbishop according to the tenor of this Act shall and may be Inthronized and Installed c. and shall be obeyed c. and shall do and execute in every thing and things touching the same as any Archbishop of this Realm without offending the Prerogative Royal and the Laws and Customs of this Realm might at any time heretofore do Secondly from the Statute of 8. Eliz. 1. made purposely to set forth the Authority next under God by which Mathew Parker and the other first Protestant Bishops in the beginning of the Queens Reign were made and sets it forth by reciting how they were made by authority of the Queen and how she was authorized to that end by the aforesaid Statute of Hen. 8. and by the Statute of 1. Eliz. 1. These are the words of it for as much as concerns my purpose Forasmuch as divers questions hath lately grown upon the making and Consecrating of Archbishops and Bishops within this Realm whether the same were duly and orderly done according to the Law or not which is much tending to the slander of all the state of the Clergy being one of the greatest States of this Realm therefore for the avoiding of such slanderous speech and to the end that every man that is willing to know the truth may plainly understand that the same evil speech and talk is not grounded upon any iust matter or cause It is thought convenient hereby partly to touch such author●ties as do allow and approve the making and Consecrating of the same Archbishops and Bishops to be duly and orderly done according to the Laws of this Realm First it is very well known to all degrees of this Realm that the late King Hen. 8. was as well by all the Clergy then of this Realm in their severall Convocations as also by all the Lords Spiritual and Temporal and Commons in divers of his Parliaments justly and rightfully recognized and knowledged to have the Supream Power Jurisdiction and Authority over the Ecclesiastical State of the same And that the said King did by Authority of Parliament in the twenty fifth year of his Reign set forth a certain order of the manner and form how Archbishops and Bishops should be made c. And although in the time of the late Queen the said Act was repealed yet nevertheless at the Parliament 1. Eliz. 1. the said Act was revived and by one other Act there made all such Jurisdictions Priviledges c. Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been or may lawfully be used over the Ecclesiasticall State of this Realm is fully and absolutely by the Authority of the same Parliament united and annexed to the Imperiall Crown of this Realm And by the same Statute there is also given to the Queen mark given also to the Queen by that Statute full Power and Authority by Letters Patents to assign and authorize such person or persons as she shall think meet whether Bishops Noblemen Lawyers Merchants or who ever else so they be NATVRAL BORN SVBJECTS for the words of that Statute requires no other Qualification to them but that to exercise under her all manner of Jurisdiction in any wise touching or concerning any Spiritual Jurisdiction within this Realm Whereupon that is upon the Authority given to her by this Act the Queen having in her order and disposition all the said Jurisdiction c. that is all that which formerly was in the Pope hath by her Supream Authority caused divers to be duly made and Consecrated Archbishops and Bishops according to such order and form and with such Ceremonies in and about their Consecration as were allowed and set forth by the said Acts c. And further for the avoiding of all ambiguities and questions might be objected against the lawfull Confirming Investing and Consecrating of the said Archbishops and Bishops her Highnesse hath in her Letters Patents used divers speciall words whereby by her Supream Authority she hath dispensed with all causes and doubts of any Imperfection or disability c. So that to all those that will well consider of the effect and true intent of the said Statutes and of the Supream and absolute Authority of the Queen granted to her by them and which she by her said Letters Patents hath used in and about the making and Consecrating of the said Archbishops and Bishops it is and may be very evident no cause of doubt can or may justly be objected against the said Confirmations and Consecrations c. Loe here declared by the Queen her self by Matthew Parker himself and all the other Bishops then in the Land and by all the Lords Temporall and the Commons in Parliament that Matthew Parker

of the world which you grant the Pope to be of the West Conc. Nic. 1 Can. 6. which you count the proper Rule for judging even against Acts of Parliament in these matters (b) Councils truly General being the supream Tribunals of the Catholique Church do binde particular Churches as well in point of discipline as of faith Bish of Derr schism gard p. 475. English Statutes cannot change the essentials of ordination the validity or invalidity of it depends not upon humane Law but upon the Institution of Christ id 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 41. Judges at the Common Law have neither grounds nor rules in the Common Law for judging of the validity of an Episcopal Consecration id ib. p. 60. was not to it and partly because none of those who Confirmed or Consecrated him was an actual Bishop it was judged by her Council and by those Lawyers Civil and Canon who were advised with in it needful she should insert into her Patent a clause whereby by her supream royal authority she should enable those Bishops in regard of the present exigencies because neither the Popes consent nor actual Bishops enough to consecrate him could be had to supply to themselves all defects whatsoever in quality faculty or any other things necessary to that performance by the Laws of the Church For so it follows in the Patent Supplentes nihilominus suprema authoritate nostra Regia siquid in vobis aut vestrum aliquo conditione statu aut facultate vestris ad praemissa perficienda desit eorum quae per Statuta hujus Regni nostri aut per Leges Ecclesiasticas in hac parte requiruntur aut necessaria sunt temporis ratione rerum necessitate id postulante That is Supplying nevertheless to your selves by our supream Regal Authority hereby delegated to you to that end if any thing in you or any one of you or in your condition state or faculty to the performing of the Premises is wanting of those things which by the Statutes of this our Realm or by the Ecclesiastical Laws are in this behalf requisite or necessary the condition of the time and necessity of things requiring it So you see how true it was I said they could do neither of those Acts without her Commission when not onely her Commission was judged necessary to give them power to do them but her Dispensation also to make their acts valid non obstante the Laws of the Church The fourth Proposition The Queens Letters Patents was not a meer Mandate commanding them to execute their Office which they might be supposed to have from Christ but a Commission authorizing them to do what they did so as they acted in it not as Bishops or Officers authorized by Christ but meerly as her Commissioners That in that quality onely they Confirmed him themselves expresly acknowledge and declare in the Instrument of his Confirmation as it is to be seen in the Records at Lambeth For thus they say In nomine Domini Amen Nos Wilhelmus Barlow c. Mediantibus Literis Commissionalibus Reginae Commissionarii specialiter legitime deputati c. praedictam electionem Mathei Parker in Archiepiscopum Pastorem Ecclesiae praedictae suprema authoritate Regiâ nobis in hac parte Commissa Confirmamus Supplentes ex suprema authoritate Regiâ nobis delegata quicquid in nobis aut alique c ut supra That is In the name of the Lord Amen We William c. By the Queens Commissional Letters specially and lawfully deputed Commissioners c. do by the supreme authority of the Queen to us in this behalf committed Confirm the aforesaid Election of Mat. Parker c. supplying by the supreme authority of the Queen to us delegated if any thing be wanting in us or any of us c. as above And if as her Commissioners they Confirmed as her Commissioners also they Consecrated him For 1. The Patent Commissionates them to both alike and they needed her Commission to both alike Mandantes quatenus eundem Confirmare Consecrare velitis c. Commanding you that you Confirm and Consecrate him So if Mandantes did authorise them to the one it did so to the other also 2. The Patent did in formal words authorise them to dispense with themselves for any defect of Faculty c. for the performing of both those acts alike Supplentes suprema authoritate nostra Regia si quid ad praemissa perficienda deest c. And this Dispensation was necessary to the validity of both those acts alike 3. To signifie they did Consecrate him in vertue of the Queens Commission to them for it when three of them at the performing of that Ceremony presented him to the fourth to be Consecrated whereas afore the Statute of H. 8. the Popes Bull for authorising the Consecrators was used to be read at that time in place thereof was read the Queens Patent to them Proferebatur saith the Act of it upon Parkers Records Regium Mandatum pro ejus Consecratione The Queens Mandate or Commission to them for Consecrating of him was read as the authority for what they did The fifth and last Proposition The Queen had her Authority for Commissionating them from the Parliament This is manifest First from the Statute of 25. H. 8.20 which recites how that by an Act made that Parliament they had enacted That if any person nominated or presented by the King to the See of Rome to be any Archbishop of this Realm should be delayed denied or otherwise disturbed from the same for lack of Palls Bulls or other things to him requisite by the Law of the Land then in force to be obtained of the See of Rome that then he might and should be Consecrated and Invested by any two Bishops in this Realm appointed by the King Where although in the next words according and after like manner as divers Archbishops and Bishops have been heretofore in ancient time by sundry of the Kings Progenitors made Consecrated and Invested within this Realm they were willing to seem as if they did not then first grant that right or priviledge to the Crown but onely restore it yet it is manifest they did then grant it to him For as they named none so nor could they name any one King of England who made a Bishop within this Realm and much less the Primate of England the Archbishop of Canterbury Indeed William the Conquerour Rufus and Hen. 1. and perhaps some of our Kings afore them did without asking the Popes consent Invest Bishops in vacant Sees that is by the delivery of a Ring and Crosiar did put them in possession of their Bishopricks so as to injoy their Temporalties and to be legal Bishops in the Kings Courts But I know no instance of one Archbishop of Canterbury Invested by any one of them without the Popes consent nor did any of them use that practice of Investing Bishops after the Council of Vienna which was in