Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	church_n	ecclesiastical_a	jurisdiction_n	2,674	5	9.0374	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26173	Jus Anglorum ab antiquo, or, A confutation of an impotent libel against the government by king, lords, and commons under pretence of answering Mr. Petyt, and the author of Jani Anglorum facies nova : with a speech, according to the answerer's principles, made for the Parliament at Oxford.	Atwood, William, d. 1705?; Brady, Robert, 1627?-1700. Full and clear answer to a book.; Petyt, William, 1636-1707. Antient right of the Commons of England asserted.; Atwood, William, d. 1705? Jani Anglorum facies nova.	1681 (1681)	Wing A4175; ESTC R9859	138,988	352

the Iniquity of M●nkind And whatsoever Act preceeds from the King's Ministers or whatever Malice be in the Heart of any of his Subjects the Law that Angel with a flaming Sword de●ending his Throne will not suffer it to affect him Nay if through Misunderstanding of the Law it should happen that a King go contrary to his own Justice 't is as if no such thing had been done So Plowden's 〈◊〉 i● he having an Estate in Taile Alien though from a common Person it would work a Discontinuance yet from him it has no Effect because it would be a wrongful Action Though he has more Power than any Subject yet Subjects may be and are more able to do Mischief And for a full Proof what Confidence the Law has always had in the King 's doing nothing in his own Person but what is highly fitting though an effect should follow upon a rigorous Action of his as if he should kill an innocent man with his own hand there never was any Remedy And this was taken for Law as long since as the Confessor's time Nor is it to be imagined that William the First and his Successors re●eded from this Power how little soever ●hey exerted it In that famous Case where the Confessor Tit. of Honour fo 525. impeach'd Earl Godwin of Treason 't is urged by the great men of Godwin's Party that he could not be a Traitor to the King because he was never ●ied to him by Homage Service or Fealty 'T is answered and not replyed ●o on the other side That no Subject ought Bellum contra Regem in appellatione ●uâ de lege vadiare could not lawfully demand the Battail against the King Appellant Sed in toto se ponere in ●isericordia Regis but must wholly yield himself to the King's Mercy In this Case though the Party might prove himself against a Subject to be innocent yet there was no way of Tryal against the King the Appeal being the only Tryal● and that required Battail but a ma● ought rather to lose his Life than strik● his King to whom he owes his Protection and Defence from Rapine as the King i● the great Executer and Preserver of th● Laws Though this Case is of the King 's appealing yet if a Subject should presume t● be Appellant against his King for th● Death of his nigh Relation the Reason holds and surely 't would be very absurd for an Indictment to be brought in the King's Name who has Jus gladii against himself others could not execut● the Judgment upon him and I take it no man can be compelled by Law to b● felo de se. But what need have I to say any thing on a Subject which every man is bound b● his Allegiance not to controvert I shall only observe That the Disput● between us can be no more than wh●● Right one Subject or body of Subjects has to impose upon another Whether 〈◊〉 ●o the Kings of England have always had a Council in matters of Legislature we have no Difference the only Question is who were of the Council but if as 't is argued on the other side Tenants in Capite were the only Council and if I prove that the House of Lords succeeded to the whole Power of such Tenants and these can have no more than they had he that makes the Tenants the only Council for the Legislature takes away the King 's Negative Voice for that the Lords have in that Jurisdiction which they enjoy upon that old Right of the Tenants in Chief and no King pretends to the Trouble of having a Negative in matters of ordinary Judicature But besides this which I have answered there is a Charge of being an Enemy to the Government by Law establish'd in the Church for which we must consider that the Government in this Respect is made up of the Laws and the Officers in it For the Laws I dispute none of them because I acknowledge the Authority which made them and whether 't is advisable that any of them be altered I leave to the Supream Wisdom of the Nation For the Officers I quarrel not at the Chief the Order of Bishops nor yet at the Ecclesiastical Jurisdiction upon the Reason already given and my Proof that they have this by Law perhaps is Particular truly I conceive it to be a great Mistake that the Statute which took away the High Commission Court took away all Ecclesiastical Jurisdiction for only the part relating to that Court is repealed and then the first of Elizabeth having revived the 28th of Hen. 8. the former Power called Ordinary Power is left entire being provided for by the Statute of H. 8. Which amongst other things Enacts That every Arch-bishop and Bishop of this Realm 28 H. 8. ● 16. and of other the King's Dominions may minister use and exercise all and every thing and things pertaining to the Office or Order of an Arch-bishop and Bishop with all Tokens Insigns and Ceremonies thereunto lawfully belonging It may be said That still I say nothing of the Divine Right of Church Officers and Power but that I may step as far as can reasonably be expected from a Lay-man I acknowledge that there is a Divine Right for Church-Officers and Spiritual Power distinct ●●om the Civil I cannot now but hope that I have said ●nough to render me fit to be heard upon ●y first Subject in which I have follow●d the Authority of the great Fortescue ●ho taught the World long since nor is ●his man of Letters too good to learn of ●im that in all the times of these seve●al Nations and of their Kings Fortescue p. 38. 6. As translated already this Realm was still ruled with the self-●ame Customs that it is now govern'd with all Which if Mr. Selden had taken in ●he Genuine Sense as meant of the Government or Constitution which is the Foundation of all particular Laws he ●eed not have been at so much Pains in his Comment hereon If I find any thing more expected from me either in Vindication of my self or ●n more fully drawing my Adversary in ●is proper Colours and admirable Features the first I shall do for the sake of Truth and if I can get as much vacant time from my Studies and Practice in my Profession His Letter to the Earl of Shaftsbury as it seems he has had from ●is I may do the other if it be only for Diversion I am sensible that want of time or of Health to give the finishing Strokes to this rude Draught are of themselves but poor Excuses to a Reader who would doubtless be content to stay till he could see some thing more correct but when my delay would give time for so much growing Mischief as has been sent abroad to spread it self even such an Antidote as I now offer may be accepted till Mr. Petyt has fully prepar'd his Catholicon which will persuade them who have been imposed upon with Noise and Nonsense to