Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	ancient_a	church_n	pope_n	2,079	5	6.4952	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A66571	A discourse of monarchy more particularly of the imperial crowns of England, Scotland, and Ireland according to the ancient, common, and statute-laws of the same : with a close from the whole as it relates to the succession of His Royal Highness James Duke of York.	Wilson, John, 1626-1696.	1684 (1684)	Wing W2921; ESTC R27078	81,745	288

when Pope Innocent the Third had against the declar'd will of King John caused Stephen Langton to be Elected Arch-Bishop of Canterbury and after that confirm'd him and wrote to the King to receive him the King returns that he the Pope had subverted the Liberties of his Crown and that therefore he would prohibit all People going to Rome and from making appeals thither which confirms my former instance and that this Power was always in the King however for a time it might have happen'd to be neglected for otherwise it had been a vain thing in him to have expell'd the Monks of Canterbury as Traytors which he actually did or to have imagin'd that a Bigotted Seditious Clergy as at that time they were and to be headed by that Arch-Bishop at least no friend to the King if not his Enemy should be frighten'd with an empty Bug bear touching a matter whereof he had no cognisance had he not been satisfi'd it was in his Power to do it as well as his Father before him had done it And having thus occasionally nam'd him let me with all submission offer this to the memory of that unfortunate Prince that his designs in order to the freeing the Crown from Forein usurpation were mighty and that he came short in what Henry the Eighth afterwards effected was not that he was less able but his times worse for considering the unsettled condition of those times and at what disadvantages he came in what wonder if he were oppress'd by a Faction when deserted by his Subjects who otherwise had never suffer'd him to have made that Crown to the defence of which they had all sworn tributary which many years afterward when the Arrears of that Tribute were demanded was too late tho effectually enough declar'd in Parliament he could not do nor they consent to the doing it But to proceed When after this the Sea of Rome would be yet intermedling it was by all the States of Parliament severally examin'd and answering each State one by one personally for it self unanimously Declar'd That the Pope's awarding any Processes or Sentences of Excommunication c. against any Bishops or other Spiritual Persons for executing Judgments given in the Kings Courts was clearly in derogation of the Kings Crown and Regality used and approved of the time of all his Progenitors and which they would maintain as they were bound by their Liegance and thereupon Enacted That the purchasing any Bulls from Rome or elsewhere shall be a Premunire In which it is observable That as the Judges before that time were for the most part Church-men the Laity being not yet come up to Letters or where they were Rari nantes in gurgite vasto The Lords Temporal and the Commons of this Parliament were all Romanists and of what Persuasion the Lords Spiritual and their Assistants the then Judges were I leave to every man the question at that time being not matter of Religion but right of Superiority not the Church but Court of Rome And so Sir E. Cooke speaking of the first Article of the Statute of 25 H. 8. concerning the Prohibition of Appeals to Rome saith it is but declaratory of the ancient Law of this Realm And in another place The same Authority that the Pope ever exercised in this Kingdom by Usurpation was always in the King de jure With which also agrees the Lord Chief Justice Hobart That whatsoever the Pope did in this Kingdom even then when he was in his greatest height and strength was of no better force in right and justice than at the first when he was but simple Bishop of Rome which was coram non Judice and so Jus non habenti tuto non paretur 5. The Power of conferring Honors on which account he may also enable a man to assign his Surname Arms and Barony to another For as by the Laws of England all Lands within the same were originally derived from the Crown and holden of the King either mediately or immediately as Lord Paramount so also by the same Laws were all degrees of Nobility and Honor derived from the King as the Fountain of Honor. So H. 6. granted to H. Beuchamp Ut esset primus praecipuus Comes Angliae and that he should use the Title of Henricus Praecomes totius Angl c. ibid. 361. First Earl of all England c. And to the name Count or Earl which was the most ancient name of Dignity among the Saxons Edw. 3. Ang. Greg. 11. created the Title of Duke as distinct from that of Earl for in elder times they were oft synonimous with us and created his eldest Son the Black Prince then Earl of Chester into the Title of Duke of Cornwal which he created into a Dutchy and about the 18th of his Reign the most noble Order of the Garter And in the 9th of R. 2. Robert de Vere Earl of Oxford was created Marquess of Dublin And H. 6. the 18th of his Reign created John Lord Beaumont Viscount Beaumont of which Titles we find no mention in the Magna Charta 9. H. 3. for they were not at that time in being And to this yet further the Kings of England have and may at this day create a County-Palatine which none but the Emperor or a Supreme Monarch may do for whoever is owner thereof hath in that County Jura Regalia as fully as the King in Palatio Par curis solo diademate dispar So Hugh Lupus Nephew of King William the Conqueror was by him created Earl of Chester and the County given him Tenendum sibi haeredibus ita libere ad gladium sicut ipse Rex tenebat Angliam ad Coronam by which general words he had Jura Regalia within the said County and consequently a County-Palatine without express words and by force thereof he created eight Cheshire Barons So not long after his time was the County-Palatine of Durham raised And in the 10th of H. 1. the Royal Franchise of Ely In the 13th of Edw. 3. the County-Palatine of Pembroke And in the 50th year of his Reign the County of Lancaster was by him erected into a County-Palatine and by him given to his fourth Son John of Gaunt then Duke of Lancaster for life to which if any one shall say that it was De assensu praelatorum procerum Sir Edw. Coke answers for me That the King may make a County-Palatine by his Letters Patents without Parliament Add to this the three first Counties-Palatine created in Ireland by Henry the Second viz. Leinster which he granted to Earl Strongbow who had married the Daughter and Heir of M. Morough Prince of Leinster 2. Meath to Sir Hugh Lacy the Elder 3. Ulster to Sir Hugh Lacy the younger and had their Barons under them answerable to the Barons created by H. Lupus of which before Of which you may read excellent Learning

some may I could not be content to do but I must over-do and yet permissu Superiorum I conceive not for besides that my design in it is plain and honest as only tending to the continuance of that peace which his Exclusion may probably endanger it is none of the non disserenda nor is there that I know any Law against it And therefore I shall without further Apology put my self upon the favourable interpretation of my Reader as placing more assurance in the innocence of my own meaning than the most reserv'd caution or wariness of words He that would hit the mark must take his level before he part with his Arrow and he that would not be cheated had need see the Scales try'd as well as weigh the Commodity In like manner he that will give a true judgment of this matter must begin with the end that by viewing the advantage and disadvantage of either hand his judgment and election may be the more clear and the less apt to slide into error We 'l take the case then as it has been of late in relation to his Royal Highness the Duke of York The People were upon a pin and nothing will satisfie them but he must be Excluded The advantage propos'd by it not a little plausible The security of the Protestant Religion and very well Depositum custodi was the advice of S. Paul to Timothy and 't is a good account of a Steward that he has lost nothing But here the question will arise Whether the Protestant Religion profess'd at this time in this Kingdom may not be sufficiently secured against Popery albeit the right Heir should happen to be of that Persuasion himself And with submission I conceive it may for if such a person could be excluded it must be done by Act of Parliament and if so where lies the difference that an Act of Parliament for the security of the now Establish'd Religion against any Popish Successor may not be of the same force as an Act of Parliament for excluding him in as much as the Authority is the same to which because I seem to hear some one more than whispering that in the one case he will not have the opportunity in the other he may I answer That it is morally impossible to introduce the Romish Religion into this Kingdom albeit the Prince were of that Persuasion for tho the Kingdom follow'd Edw. 6. his Reformation and Queen Mary tackt them about to the Church of Rome and Queen Elizabeth bore up again for Edw. 6. yet it will not be the same at this day for as to Edw. 6. it was no great wonder that the Kingdom follow'd his Reformation for besides that it was in the hurry of a Change Henry 8. who tho he forsook not the Church but Court of Rome had yet shaken it out of its Authority and by dispersing the Abby Lands among such as help'd him put it out of a condition of recovering suddenly And now Religion being not the only question who can tax the Politicks of that time for not standing to the Pope when by setting up that Authority again they must infallibly have hazarded if not lost their new interests whereas by complying with the Reformation they were certain of keeping what they had already and in a fair way of getting more And withal considering there were several Opinions at that time boiling up what mighty matter was it to bring them to cry Erravimus cum patribus nostris And as to the Kingdoms tacking again with Queen Mary that also is not so much to be wonder'd at for considering that under Edw. 6. the Harvest was as yet small and the Laborers many and those too not altogether knit among themselves and that he liv'd not long enough to see the last stone laid and that the Queen coming in so near after her Father Henry 8. found ribs and planks enough of the old Ship left to patch up another for the present occasion or till a better could be had And the main obstacle of securing the Abby Lands in the hands of the Temporalty as they lay then dispers'd among them being first reconciled no wonder I say if the Kingdom footed it to the Queens measures and that the note was chang'd to Super vias antiquas In like manner that the Kingdom follow'd Queen Elizabeth in the Reformation begun by her Brother Edw. 6. it is not so strange for considering also how short a time Queen Mary reign'd and an inexcusable fault in Musick that she began a Note too high and by that means was forc'd to run it up even to cracking the strings and that the Reformation had by that time gotten some face and credit in the world and therefore the violent Persecution of it like Winds to young Trees not overthrowing it had but fasten'd its Roots and withal that such as had gotten any Church Lands knew not what another Parliament might do or what flaws in after times might be found in the former and that the probable way of making all sure was to order it so that it should not be in the Popes power to hurt them if he would neither here also was it a wonder that the Kingdom joyn'd with Queen Elizabeth and alter'd the Carol to a Canticum novum But the case will not be the same at this day for besides that we have the Authority of a Church confirm'd by several Acts of Parliament even the People now pronounce Schibboleth without lisping Fox his Martyrs are not yet forgotten and tho the Writ De Haeretico combruendo be taken away the crackling of the Faggots still rattle in their ears Nor of less concern are the Loaves than the Doctrin the Land on which the Faggots grew than the Faggots themselves It is now 150 years since those Abby Lands were given out and by this time they are assimulated in Succum Sanguinem and the fear of losing them has begot more ill blood than the first grant of them did good I have heard of one Impropriation given back to the Church but the Lands remain much as they were tho not altogether in the same hands they yield good Rent and many men are of Vespasian's mind That all Gold has the same scent Sell all thou hast and give it the poor lost our Saviour a Disciple and would be thought as hard a saying now Men are loath to part with their Wedding garment especially where it may so happen to be the best to their backs Add to this the vast improvements made upon them in so many years and the several exchanges intanglements and dispositions from hand to hand that it would puzzle even the Church it self to say which were her Sons Coat from whence I close this That let the Rabbies talk what they will of Venient Romani Nay till they lay the way half plain before them it will be yet morally impossible for them to