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B20451 Justice vindicated from the false fucus [i.e. focus] put upon it, by [brace] Thomas White gent., Mr. Thomas Hobbs, and Hugo Grotius as also elements of power & subjection, wherein is demonstrated the cause of all humane, Christian, and legal society : and as a previous introduction to these, is shewed, the method by which men must necessarily attain arts & sciences / by Roger Coke.; Reports. Part 10. French Coke, Roger, fl. 1696. 1660 (1660) Wing C4979 450,561 399

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St. 27 H. 8. cap. 15. Spiritual and sixteen Temporal to examine the Laws and Constitutions heretofore made according to the Statute of 25 H. 8. 9. But no Laws or Constitutions shall be made without the Kings assent nor contrary to the Kings Prerogative or the Laws of the Land If any person shall extoll the Authority of the Bishop of Rome he shall 28 H. 8. c. 10. incur the penalty of a Praemunire provided Anno 16 Ric. 2. Every Ecclesiastical and Lay-Officer shall be sworne to renounce the said Bishop and his Authority and to resist it to his power and to repute any Oath taken in maintenance of the said Bishop or his Authority to be void And the refusing of the said Oath to be Treason Makes all Bulls and Dispensations from the Bishop or See of Rome to 28 H. 8. c. 16. any of the Subject of this Realm void The King may nominate such number of Bishops Sees for Bishops 31 H. 8. c. 9. Cathedral Churches and endow them with such possessions as he will 1. If any person by word writing printing ciphering or otherwise do preach teach dispute or hold opinion That in the blessed Sacrament 31 H. 8. c. 14. called the Statute of the Six Articles of the Altar under form of bread and wine after the consecration thereof there is not really the natural body and blood of our Saviour Jesus Christ conceived of the Virgin Mary or that after the said consecration there remains any substance of bread or wine or any other substance but the substance of Christ God and man Or that in the flesh under the form of bread is not the very blood of Christ Or that with the blood under the form of wine is not the very flesh of Christ as well apart as though they were both together Or affirm the said Sacrament to be of other substance then is aforesaid Or deprave the said blessed Sacrament Then he shall be adjudged a Heretick and suffer death by burning and shall forfeit to the King all his lands tenements hereditaments goods and chattels as in case of High Treason 2. Or if any person preach in any Sermon or Collation openly made or teach in any Common School or Congregation or obstinately affirm or defend That the Communion of the blessed Sacrament in both kinds is necessary for the health of mans soul or ought to be administred in both kinds Or that it is necessary to be received by any person other then by Priests being at Mass and consecrating the same 3. Or that any man after the Order of Priesthood received may marry or contract matrimony 4. Or that any man or woman which advisedly hath vowed or professed or should vow or profess chastity or widowhood may marry or contract marriage 5. Or that Private Masses be not lawful or not laudable or should not be used or be not agreeable to the Laws of God 6. Or that Auricular confession is not expedient and necessary to be used in the Church of God He shall be adjudged suffer death and forfeit lands and goods as a Felon If any Priest or other man or woman which advisedly hath vowed chastity or widowhood do actually marry or contract matrimony with another Or any man which is or hath been a Priest do carnally use any woman to whom he is or hath been married or with whom he hath contracted matrimony or openly be conversant or familiar with any such woman both man and woman shall be adjudged Felons Commissions shall be awarded to the Bishop of the Diocese his Chancellor Commissary and others to enquire of the Heresies Felonies and offences aforesaid And also Justices of Peace in their Sessions and every Steward Under-Steward and Deputy of Steward in their Leets or Law-day by the oath of twelve men have authority to enquire of the Heresies Felonies and offences aforesaid See the 7. Chap. of B. Bramhalls Just Vindication of the Church of England where he endeavours to shew that not only the Emperor the King of France nay and the King of Spain have in effect done the same things with Henry the Eighth upon occasion or at least plead for it although for their interests they have not continued the exercise of their Jurisdiction as the Kings of England have done A short view or reflexion upon Henry the Eight and his Reformation How zealous a Defender of the Pope and See of Rome Henry the Eight K. H. 8. a zealous defender of the Pope and Papacy was in the beginning of his Reign is evident by his book written against Martin Luther For not being born Henry the seventh's eldest son his Father being a wondtrful frugal Prince and observing good natural parts in him bred him up in literature and destinated him to the Archbishoprick of Canterbury as being the cheapest and highest preferment he could give him But his elder brother being dead and after him his father The King esteeming it a great honor to imploy himself in so famous a controversie as was then maintained by the Wits of Christendom in defence and opposition of the Church of Rome wrote a book of the Seven Sacraments defending also the Papacy and oppugned the Doctrine of Luther This thing was so grateful to the Pope that Leo 10. honored him with the Title of Defender of the Faith But after he had been married to his brothers wife above twenty years and inflamed with lustful affection to Anne Bullein a Paragon and Minion From what cause the King became estranged from the Pope of the Court he became he said troubled in conscience for having married his brothers wife and therefore desired that the Pope would examine the case and satisfie his scruple of conscience It is a very remarkable thing that this ungodly Dispensation of Julius 2. for H. 8. his marrying with his brothers wife should be the cause of the King and Kingdoms defection from the Papacy under Clement 7. The Pope to satisfie the King gave the Cardinals Wolsey and Campeius a power Legatine to hear and determine the validity or invalidity of the marriage but the Queen refusing to submit to their determination appealed from them to the Pope The Pope had now a Wolf by the ears whom he could neither keep nor well let go For in pronouncing the marriage void he feared to incense Charls the Fifth being Nephew to Queen Katherine and the most potent Prince in Christendom and in confirming it he feared to lose Henry the then most beloved Son of the Church and great Defender of the Papacy not only in writing but also in joining with and assisting the French King Francis the First for freeing him from captivity being a prisoner under Charls The Pope therefore desires the advantage of time and proceeds slowly towards a determination The King as impatient in his desires expects a sentence from the Pope which not being to be had he procures Instruments from the Universities of Cambridge Oxford and Paris together
an Intellectual creature 3. All Virtue is either Theological Moral Humane Familistical How manifold is Virtue Personal or Prudential 4. Virtue being by the definition the Dictate of Right reason from From whence Theological virtue is derived some superior cause or notion Theological virtue is a Dictate of Right reason from some revelation of God in the Scriptures which otherwise had been impossible for any man by the light of humane nature to have attained to By Theological virtues I do not mean only those three most eminent virtues of Faith Hope and Charity but all those actions of obedience due to them who have oversight of me in the Lord as a Christian and to whom I owe my obedience not by any Law of Nature but as commanded by God in the Scriptures 5. Moral Virtues are those Dictates of Right reason which flow from What are Moral virtues and from whence derived What are Humane virtues and from whence caused What are Familistical virtues What are Personal virtues that light of Nature engraven in the minds of Men for the conservation of peace and society among Men so long as they live in this world 6. Humane Virtues are those Dictates of Right reason by which Subjects Wives and Children conform their actions to the Laws or Precepts of Supreme powers Husbands and Parents 7. Familistical Virtues are those actions of Servants done in conformity to the commands of the Masters of Families 8. Personal Virtues are those actions which are dictated to divers men from principles of innate good nature of Temperance Continency Patience Liberality and Frugality whose contrary extremes are vices and sins 9. Prudential Virtues are not dictated from any Divine or Humane What are Prudential virtues and from whence derived Laws but from some Principles known to the understanding which are more or less as men are more or less intelligible whereby some Princes govern more prudently then others and some Masters of families govern their servants more prudently then others And these Virtues have not reference only to the government of Men but to other actions as Prudence in managing of an Estate is a Virtue or in mens governing their actions so that they are esteemed and not despised by other men are Virtues yet these actions are no where commanded or forbidden by any Divine or Humane Laws These Virtues are always placed in Empire not in Obedience 10. God having made Man a rational creature and endued him with The ratio finalis of all virtues and how they differ First of Theological virtues an immortal Soul capable of eternal happiness hath revealed himself supernaturally in the Scriptures to Men as reasonable creatures so that they directing their actions conformable to his precepts therein contained might by faith or believing on him hope for eternal happiness 11. The end of all Moral Virtue is that men may preserve peace and The end of Morality society so long as they live in this world And God hath made Man a sociable creature as well as intellectual and rational and therefore hath engraven these eternal and immutable Laws of Nature in the minds of all mortal men that by conforming their actions thereunto they might preserve peace and society with men And though these of themselves are not sufficient to pully man up to eternal happiness yet let no man hope that despising these Laws of the great God of Nature upon a pretended Faith he shall ever attain it 12. But because the Law of Nature does oftentimes command in Thesi The end of humane virtue only and Humane Laws ex Hypothesi as Thou shalt not steal and shalt give every man his due is from the Law of Nature but that this thing is mine and that thing another mans is by positive Humane laws So though Moral virtues be always the same yet Humane virtues differ accordingly as Laws in divers places are different Thus it is a Moral virtue in Wives and Children to honor and obey their Husbands and Parents but as a Humane virtue the doing of such a thing may be Virtue at one time and Vice at another as it is commanded or forbidden by the Husband or Parents So that Humane virtues in Subjects Wives and Children are necessary to the conservation of society where the laws or principles of such actions are not plainly repugnant to Divine laws 13. The end of all Familistical virtue is that Servants by all just and The end of Familistical virtues lawful means intend the good of their Masters and make no dissentions or discontents in their Families 14. God having made man after his own image as well in body as in The end of Personal virtues soul for He that sheds mans blood by man shall his blood be shed for in the image of God made he man It is not therefore to be expected that any man should without sin against God abuse the highest and noblest part of Gods creation All men therefore in the first place ought by all just and lawful means to do well to themselves and not by any excess or intemperance to abuse that body which God hath made in his own image 15. Theological virtues relate to the attaining of Eternal happiness The difference between Theological Moral Humane Familistical and Personal virtues Moral Humane and Familistical to the conservation of society and peace in their several places Personal virtues to the preservation of that body which God hath entrusted every man with keeping so long as he lives We have spoken of the end and difference of Prudential virtues Parag. 9. 16. In all prudent and profitable actions Prudentis est fortunam semper Whether just and moral actions or virtues are to be enquired into by fortune as are Prudential in concilio adhibere But that man who directs his just and moral actions to Fortune or the time and tide of mens affections shall soon be accounted a Weathercock and Time-server In all prudent actions or virtues there is no other obligation or penalty more then the reward or profit of the action and loss for the folly of imprudent actions But in just and moral actions men must consider their duties not profit and are obliged to them notwithstanding temporal loss or trouble CHAP. IV. Of Particular Moral Virtues 1. SInce that the Law of Nature is That there is one God infinitely Religion is the first and chief of Moral Virtues good to be worshipped and served and that all men should in their several stations endeavor by all just and lawful means to preserve Peace and Society in this World Then is Religion or the Publick Worship and Service of a Deity the first and chief of all Moral Virtues and so conspicuous was this Virtue in all ages and places to good men by the Light of Nature onely that it was always their first care to be in a Society of Men where God however misplaced in an Oak Osiris Iris Jupiter Apollo
Queen Mary to be born in lawful Matrimony and all sentences Stat. An. Pri. Cap. 1. sess 2. Mariae of divorce to the contrary repealed particularly the sentence of Thomas Cranmer Archbishop of Canterbury touching the Kings marriage with Queen Katherine and the two Acts of Parliament of the 25 H. 8. 22. 28 H. 8. 7. confirming the same A Repeal of the Statute of 1 Ed. 6. 2. made against such as speak unreverently St. An. Pri. Ma. sess 2. Cap. 2. of the body and blood of Christ and of the Statute of 1 Ed. 6. 2. touching Election of Bishops and the 2 Ed. 6. 1. concerning the uniformity of service and administration of the Sacraments and of 2 Ed. 6. 21. made to take away all positive Laws ordained against the marriage of Priests and of the 3 Ed. 6. 10. made for the abolishing of divers books and Images and of the 3 Ed. 6. 12. made for the ordering of Ecclesiastical Ministers and of the 5 Ed. 6. 1. made for the uniformity of common Prayer and Administration of Sacraments and of the 5 Ed. 6. 3. made for the keeping of Holy days and Fasting days and of the 5 Ed. 6. 12. touching the Marriage of Priests and legitimation of their children All such divine service and administration of Sacraments as were most commonly used in England in the last year of H. 8. shall be used through the Realm after the 20 day of December Anno Dom. 1553. and no other kinde of service nor administration of Sacraments It is Enacted That if any person or persons of their own power and authority after the 20. of December shall willingly and of purpose by open or St. An. 1 Mariae Sess 2. Cap. 3. overt word fact c. maliciously or contemptuously neglect vex or disturb c. any Preacher or Preachers licensed allowed or authorized to Preach by the Queens Highness or by any Archbishop or Bishop of this Realm or by any other lawful Ordinary or by either of the Universities of Oxford or Cambridge or otherwise lawfully authorized by reason of his Cure or Benefice c. in any open Sermon Preaching or Collation in any Church Chappel or Churchyard c. Or if any person shall wilfully disturb c. any Parson Vicar Parish-Priest Curat or other lawful Priest saying or celebrating the Mass or other divine service sacraments or sacramentals as was commonly frequented and used in the last year of H. 8. or afterward should be allowed and set forth or authorized by the Queen Or if any person shall contemptuously unlawfully or maliciously deface spoil abuse or unreverently handle or order the most blessed comfortable and holy sacrament of the body and blood of our Lord and Saviour Jesus Christ commonly called the Sacrament of the Altar being in any Church Chappel or other decent place or the Piece or Canapy wherein the same Sacrament is or shall be or pull down deface spoil or otherwise break any Altar or Altars or any Crucifix or Cross in any Church Chappel or Churchyard That then every such offender his ayders and abettors shall be apprehended c. by the Constable or Churchwarden of the place wherein the said offences shall be committed Which persons so apprehended c with convenient speed shall be brought and carried to any Justice of Peace within the said Shire c. where the said offence shall be committed and the said Justice of Peace upon due accusation shall forthwith commit the said person or persons to safe custody as by the discretion of the said Justice shall be thought meet and within six days next after such accusation the said Justice with other Justices of Peace in the said Shire City c. shall diligently examine the acts and offences aforesaid And if two of the said Justices of Peace shall upon examination finde the person or persons so accused guilty of any of the said offences by two sufficient witnesses or by confession the said Justices of Peace shall commit the person or persons so accused to the Gaol of the County City Burrough c. where the said offences were committed without bail or mainprize by the space of three moneths and further to the next quarter sessions to be holden in the said shire city burrough c. next after the end of the said three months which quarter sessions the party offending upon his repentance and reconciliation shall be discharged out of prison upon sufficient security for his good behaviour for one whole year but if he or they will not repent and be reconciled then to be committed again to the said Gaol there to remain until he or they shall repent and be reconciled for their offences If any person shall receive the offendor or disturbe the arrest he shall forfeit to the Queene her Heires and Successors for every such offence the summe of five pounds If any offendor bee not taken but escape hee shall forfeit to the Queene for every such escape five pounds The Justices of Peace Justices of Assize Justices of Oyer and Terminer all Mayors Bayliffs Justices of Peace within any City Borough or Town-corporate have power and authority to enquire into heare and determine the offences and misdemeanors aforesaid and to set fines and amerciaments therefore This Act doth not take away any authority jurisdiction c. of Ecclesiasticall Lawes then in force This Statute repeales all Statutes made against the Church of Rome particularly Anno 1 2 Phil. Mar. cap. 8. the Statute of 21 H. 8. 13. made against plurality of Benefices taking of Farmes by Spirituall men and non residence The Statute of 23 H. 8. 9. That no person shall be cited out of his Diocess wherein he or she dwelleth except for certain cases Stat. 24 H. 8. 12. That Appeals in such cases as had been proved in the See of Rome should not from henceforth be had nor used but within this Realm Stat. 25 H. 8. 19. entituled The submission of the Clergy to the Kings Majesty Stat. 25 H. 8. 20. concerning restraints of Payments of Primates and First-fruits of Arch-bishopricks Bishopricks to the See of Rome Stat. 25 H. 8. 21. concerning the exoneration of the Kings Subjects from exactions and impositions before that time paid to the See of Rome and for having licences and dispensations within this Realm without suing further for the same Stat. 26 H. 8. 1. concerning the Kings being supreme head of the Church and to have Authority to reform and redresse all errors heresies and abuses in the same Stat. 26 H. 8. 14. for nomination and confirmation of Suffragans within this Realm Stat. 27 H. 8. 15. whereby the King should have power to nominate 32. persons of his Clergy and Lay Fee for making Ecclesiasticall Lawes Stat. 28 H. 8. 10. Extinguishing the Authority of the Bishop of Rome Stat. 28. H. 8. 16. For release of such as then had obtained pretenced licences and dispensations from the See of Rome Stat.