Selected quad for the lemma: authority_n
Text snippets containing the quad
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A41808
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Considerations upon the second canon in the book entituled Constitutions and canons ecclesiastical, &c.
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Grascome, Samuel, 1641-1708?
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1693
(1693)
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Wing G1569; ESTC R11703
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35,734
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45
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But to what purpose is all this Stuff Are we to judge of our Constitutions by the blind Tale of a little Historian or the contradictory Saying of an old Moth-eaten Lawyer who wrote in diâ—â—icult Times trod upon Thorns and was under a kind of Necessity to write so as that he might avoid the Rage of the several incensed Parties What a woful Condition are the People of England in if they must look five six seven or eight hundred Years downward for what they are to do now and to learn wherein and how far they are to obey their King Such Things fall in few Hands and are read by fewer and perhaps well considered by fewest of all Will Mr. Johnson have the present State of Affairs reduâ—ed to what was so long since Or will he be content that his Almighty House of Commons should be lâ—id aside because there was no such House at the time from whence he seâ—cheth several of his Authorities or at least not such a House as is now under the prâ—sent Constitutions And therefore I must beg his Pardon if in this case I little regard his far-fetch'd Stories and am bold to tell him that we are not to be ruled or guided by odd Remnants of Antiquity in this matter but by our present Constitution and if he can make that agree with his Old Stories he will go near to carry the Cause but if he cannot then both he and all the Revolutionists will stand for ever condemned by it Now I know not how to come to the knowledg of our Constitutions better than by our Laws and then for a Protestant Kingdom it may be convenient to look so high as the first establishment of Religion under that odd Title and to compare and view the agreement of our Laws all along from the first enterance of the Protestant Religion to the very time of King James's pretended Aâ—dication And here if I go so high as Henry the 8th 〈◊〉 I think I need go no farther than Queen Elizabeth and so trace Things to our own Time we shall thence learn the present Obligations we lay under when this Revolution came upon us I am not willing to create a Quarrel whether Henry the 8th were Papist or Protestant I will freely give the Papists my share in him For he that so â—obb'd the Churches that many Parishes have not Revenues to find a Minister Bread and burnt Protestants because they would not become Papists I think is much fitter for them than for us But be he what he will I cannot find that either he or his Parliament owned Mr. Johnson's Doctrine In the â—â—th of his Reign cap. 12. you will find it thus Enacted Where by divers sundry old Authentick Histories and Chronicles it is manifestly declared and expressed That this Realm of England is an Empire and so hath been accepted in the World governed by one â—upream Head and King having the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body Politick compact of all sorts and degrees of People divided in Terms and by Names of Spirituality and Temporality been boundâ—n and owen to bear next to God a natural and humble Obedience Here a Parliament declares him 〈◊〉 subjects him to none but God and in the next following Words gives him plenary whole and intire Power Pre-eminence Authority Prerogative and Jurisdiction And this they declare to be no new thing but to be taught by old Histories and Chronicles whose authentickness they vouch Now one would think that such authentick Histories and such Vouchers should make a better Authority thâ—n Mr. Johnson's Knighton But it is so well known what Authority Henry the 8th challenged and was owned by his Subjects that I need not insisâ—â—pon it Had our Author come abroad then with his new Inventions he himself perhaps would have found little better usage than Dr. Burnet's Pastoral Letter As for King Edward the Sixth we do not find that he any ways departed from the Authority his Father left him but though a Prince of great Hopes and pious Inclinations yet by the Seducements of some ill Persons about him entered farther upon the Ecclesiastical Authority than ever his Father did how justly I leave others to judge I cannot commend it And then for Queen Mary all Dignities Prerogative Royal Power Pre-eminence Priviledges Authorities and Jurisdictions are as fully wholly absolutely and entirely invested in her as in her Father or any her Predecessors by the Statute 1 Mariae Par. Sec. Cap. 1. To avoid tediousness I shall only touch upon such Statutes as speak home to this purpose and now we come to that which all sorts of Persons except Papists as with one Month stile the best Reign I mean the admired times of Queen Elizabeth in the first Year of whose Reign the Oath of Supremacy was enacted or rather revived in which amongst others are these two things asserted 1st That the Queen's Highness is the only Supream Governour of this Realm and of all other her Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal 2dly That no Foreign Prince Person I relate State or Potentate hath or â—ught to have any Jurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spiritual within this Realm By the first her own Subject's Hands are tied up by the second the Usurpations of Foreignes are excluded She could not be Supream much less only Supream if any Men or body of Men in her own Dominions had a Superior Power to depose her and it being not only their Duty but they also farther obliged by Oath to assist and desend her in this Supremacy and this Oath and Statute being transmitted in force to all her Successors any attempt by them to the contrary must necessarily be invalid and unlawsul And those who have a mind to know the Penalties which the Law insticts on Offenders in this kind may at their leisure read them in the same Statute Let us now desâ—â—â—d from the Reign of Queen Elizabeth to that of King James the First and in the Act of Recâ—grâ—tion Anno 1. Jac. 1. cap. 1. after a long dutiful and humble Prâ—â—mble it is thus said We being bounden thereunto both by the Laws of God and Man do recognize and acknowledg and thereby express our unspeakable Joys That immediately upon the Dissolution and Decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England and of all the Kingdoms Dominions and Rights belonging to the same did by inherent Birth-right and lawful and undoubted Succession descend and come to your most excellent Majesty as being lineally justly and lawfully next and sole Heir of the Blood-Royal of this Realm as is aforesaid And that by the Goodness of God Almighty and lawful Right of Descent under one Imperial Crown your Majesty is of the Realms and Kingdoms of England Scotland France and Ireland the most potent and mighty King and by God's
Goodness more able to protect and govern us your Loving Subjects in all Peace and Plenty than any of your noble Progenitors and thereunto we most humbly and faithfully do submit and oblige our Selves our Heirs and Posterities for ever until the last drop of our Bloud be spent And do beseech your Majesty to accept the same as the First-Fruits in this High Court of Parliament of our Loyalty and Faith to your Majesty and your Royal Progeny and Posterity for ever Which if your Majesty shall be pleased as an Argument of your gracious Acceptation to adorn with your Majesty's Royal Assent without which it can neither be compleat and perfect nor remain to all Posterity according to our most humble Desires as a Memorial of your Princely and tender Affection towards us we shall add this also to the rest of your Majesty's unspeakable and inestimable Benefits Here they plainly acknowledg these two things 1st That the Crown descends by Proximity of Bloud and that immediately even before any Ceremony of Coronation or otherwise so that there can be no Inter-regnum or Vacancy of the Throne And accordingly it is a Maxim in Law that Rex non moritur 2dly That the assent of the King is that which gives the Life Being and Vigour to Laws without which they are of no force Now how the late Proceedings which were directly against both these can be valid ought to be made very clear at least it ought to be better proved than by the capricious Opinion of one single private Person against a full and lawful Parliament In the Third Year of the same King James was Enacted the Oath commonly called the Oath of Allegiance not but that the same thing was practised before though not in the same Words which may be tendered to any above the Age of eighteen which restraining the Subject not only from deposing but from offering the least violence or harm to the King and obliging all Subjects so faithfully to assist their King against both Domestick Traitors and Foreign Usurpers and being so directly contrary to and utterly inconsistent with Mr. Johnson's Doctrine I think fit to insert it here at large I A B do truly and sincerely acknowledg profess testifie and declare in my Conscience before God and the World That our Sovereign Lord King James is lawful and rightful King of this Realm and of all other His Majesty's Dominions and Countries and that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any Power or Authority to depose the King or to dispose of any of his Majesty's Kingdoms and Dominions or to authorise any Foreign Prince to invade or annoy him or his Countries or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give licence or leave to any of them to bear Arms raise Tumults or to offer any Violence or Hurt to his Majesty's Royal Person State or Government or to any of his Majesty's Subjects within his Majesty's Dominions Also I do swear from my Heart That notwithstanding any Declaration or Sentence of Excommunication or Deprivation made or granted or to be made or granted by the â—ope or hiâ— Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjectâ— from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to â—he uttermost of my Power against all Conspiracies and Contempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise and will do my best endeavour to disclose and make known unto his Majesty his Heirs and Successors all Treasons and Traiterous Conspiracies which I shall know or hear of to be against him or any of them I do farther swear That I do from my Heart abhor detest and abjure as Impious and Heretical this damnable Doctrine and Position That Princes which be excommunicated or deprived by the Pope may be deposed or murdered by their Subjects or any other whatsoever And I do believe and in Conscience am resolved that neither the Pope nor any Person whatsoever hath Power to absolve me of thiâ— Oath or any part thereof which I acknowledg by good and full Authority to be lawfully ministred unto me And do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledg and swear according to these express Words by me spoken and according to the plain and common Sense and Vnderstanding of the same Words without any Equivocation or Mental Evasion or Secret Reservation whatsoever And I do make this recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian So help me God If foolish wicked Men did not make their Reservations and endeavour to put Tricks even upon God whom they call to be a Witness of the Truth of what they swear and an Avenger if they swear falsly there would need nothing more to coâ—â—in Subjects in their Loyalty But still to improve this matter farther 7 Jac. 1. cap. 6. an Act tells us That this Oath tends only to the Declaration â—f such Duty as every true and well-affected Subject not only by Bond of Allegiance but also by the Commandment of Almighty God ought to bear to his Majesty his Heirs and Successors So that though this Act obliges all Persons of the Age of eighteen Years upon pain of incurring a Praemunâ—â—â— to take this Oath if tendered yet it gives us to understand that it is only a super added Obligation to secure our lawâ—ul Prince and keep the Subject to his Duty and that though the Oath be not taken yet the natural Allegiance of every Subject binds him to the same thing And though it was principally yet not only made with relation to the Bishop of Rome but to all others as expressing that Allegiance which obliges Subjects to stand by their Prince against all his Opposers Enemies and Underminers whatsoever I do not know that any Foreign Powers the Pope excepted so much as pretend to a Right to depose lawful Princes nor did even the Prince of Orange when he came over pretend to any such Power by his Declaration and it seems to me to be no better than an impudent Contradiction when Men acknowledg that no Foreign Power can depose a lawful Prince to say that his own Subjects who by the Laws of God and Man owe him Allegiance and are bound with the utmost hazard of their Lives to defend him may do it And it see us to me worth Observation that Dr. Stillingfleet in his Preface to the Jesuit's Loyalty proves that the Pope deposes Princes upon Common-wealth Principâ—es Now I would willingly know upon what Principle the Doctor hath