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A47912 A reply to the reasons of the Oxford-clergy against addressing L'Estrange, Roger, Sir, 1616-1704. 1687 (1687) Wing L1297; ESTC R21996 10,863 20

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Queen Elizabeth and King James and Charles I. relating to this very thing do sufficiently declare that such is the Plenitude and Fulness of the Kings Power in matters Ecclesiastical that he can by his Ecclesiastical Commissioners make new Laws concerning Rights and Ceremonies and impose new Articles on the Clergy requiring their Subscription on pains of Suspension and Deprivation Before the 13. Eliz. c. 12. Subscriptions were enjoyn'd by the Regal Power and tho this Statute requir'd Subscription yet it being to the Articles of Religion which only concern the Confession of the true Christian Faith and the Doctrin of the Sacraments compriz'd in a Book Imprinted and Entituled Articles c. 'T was deemed by the Bishops to be insufficient who therefore apply themselves to their Prince that by her Majesties Power Ecclesiastical they might enjoyn a fuller Subscription which accordingly they did appointing Subscription not only to the Articles of Faith and Doctrins of the Sacraments but unto the Government the Rites and Ceremonies of the Church and such as refused this larger Subscription tho they would readily subscribe as by the Statute requir'd were suspended and depriv'd And has not his present Majesty the same Power Queen Elizabeth had Why then may he not make new Laws about Ceremonies and require Subscription to new Articles Besides i'ts acknowledg'd that whatever Power Ecclesiastical the Popes did de facto exercise in this Kingdom according to the Canons that same Power de jure belongs to our Kings and ' it s also granted That the Canons of General Councils and the Decrees of the Roman Pontifs so far forth as they have been receiv'd by the Permission of our Kings and ancient Custom are still in force and that these Canons are daily violated by our Clergy cannot be denied especially in the matter of Pluralities which cannot be held but by a Dispensation from the King or at least by his confirming the Archbishops And will any say that tho the Dispensation by which any of our Clergy hold their Pluralities is deriv'd from the King yet the King cannot revoke them Or may not his Majesties Ecclesiastical Commissoners make Enquiry after those who have above 8 l. per Annum and by a Dispensation hold a Second Benefice and judge of the First Benefice not according to the Value in the Kings Books but according to the very Value of the Church as has been formerly adjudged or as is in the Argument for addressing may not the Treasury demand a Review of the First Fruits according to the full Value In a word may not the King send out a Quo Warranto against the Bishops and demand by what Power they hold Courts in their own Names and finding nothing but Prescription to be their Plea which can be no Bar against the King sufficiently humble our Clergy And seeing his Majesty notwithstanding the many Provocations he has met with from some of our Clergy is so far from Exercising this Power against our Church that on the contrary he is so unexpressibly gracious as to promise his Protection have we not the greatest Reason gratefully to acknowledge it to the King Their affirming these Addresses to copy out only Fanatical Loyalty and Gratitude is so very indecent that we think it unworthy of further Notice judging their Confidence also about the Impossibility of Repealing their Laws to bear some Proportion to the Extravagance of their Censure The PAPER SECONDLY That it seems our Duty to maintain Unity with our Bishop requiring it and perhaps expecting it upon our Canonical Obedience there being nothing praeter licitum honestum ANSWER As to the Bishop 't is conceiv'd that this is no Instance of Canonical Obedience nor is the Duty of our Unity with him apprehended to be such as disunites us from the most the best and soundest of the National Clergy who we think ought not and we believe will not move in an Affair which concerns the whole Church equally without their Metropolitan and his Bishops Neither hath our Bishop shewed any Pastoral Regard to us unless it be in a treating us like Children in a very weak and passive Minority by requiring our Submission to an Address formed and worded to our Hands without our Knowledge not leaving us the Liberty and thinking us able to express the Sense of our Acts or Hearts ●nd therefore till Bishops upon their Consecration declare what Faith they are of as they did in the Primitive Church for which the Reasons are the same as then to maintain Unity with a Bishop without Caution is a Principle that may lead us further than we ought to go REPLY 1. There being so much Reason why our Clergy ought to make their Address of Thanks to the King it would be very strange if such a Practice cannot be found amongst the Licita and Honesta of our Church and if it comes within this Pale and the Ordinary commands it it 's beyond us to conceive how Disobedience in the Clergy can escape the Guilt of Perjury For the Oath express'd in the Instrument of the Clergies Institution is in these words Te Primitùs de legitima Canonica Obedientia nobis Successoribus nostris in omnibus licitis honestis Mandatis per te praestanda exhibenda ad Sancta Evangelia ritè juratum admittimus So that they are sworn to perform Lawful and Canonical Obedience to their Ordinary in all his lawful and honest Mandates The Bishop then commands 'em to thank the King for his Grace and Clemency in a matter for which once heretofore they did it Is this Lawful or Unlawful Honest or Dishonest Not Unlawful nor Dishonest because when the King declared only to the Council he would protect the Church of England they then judg'd it their Duty now the King doth but make the same Declaration to the whole Kingdom and if not Unlawful and their Ordinary commands it they are bound by their Oath to obey how then can they disobey and not be at least forsworn But 2. How comes it to pass that their Obeying their Ordinary disunites 'em from the most the best and soundest of the National Clergy What! are the whole Clergy so insensible of the Kings Grace that they 'll not acknowledge it what a prodigious Change is this And why must they not rather regard their own Ordinary than the Sense of others If the matter requir'd be as we have prov'd it to be Lawful and Honest do they make nothing of an Oath and is Church-of England Unity in danger of being broken That surely is ominous and no doubt will open the Mouth both of Papist and Protestant Dissenter Is the Church of Englands Case so desperate that they must either be ungrateful to their Prince or be divided amongst themselves Furthermore 3. Their Bishop shews no Pastoral Regard to 'em unless it be in treating 'em like Children by requiring their Submission to an Address worded to their Hands not leaving 'em the
or from the Roman Pontif and then it will inevitably follow that his Majesty in the first place is to be consulted whose Mind in this matter is sufficiently known and it 's as much the Duty of the Metropolitan to consult and obey the King the Supreme Ordinary of this National Church as it can be for a single Bishop to regard his Metropolitan for which Reason we think it a Presumption very near to what is unpardonable in the Inferior Clergy to dispute what is agreeable to the Sense both of their Ordinary and Supreme Ordinary And as for the Talk of Schism as if these who are for Addressing must needs be Schismatics we only say that making Differences about matters of this nature to be Schismatical will tempt thoughtful Men to conclude that the Outcries of Schism against the Non-conformists have been grounded on as little Reason and with as little Justice The PAPER FOURTHLY It will forfeit our Reputation with the Nobility Gentry and Commonalty of our Communion and may tempt them to Disgust us for our rash Compliance with suspected Artifices which may rise hereafter against us to our Own and the Church's Prejudice and to waver in the Stedfastness of their own Profession when they see us owning the Exercise of our Established Religion to be so precarious ANSWER Above Twenty Years together without any Regard to the Nobility Gentry and Commonalty our Clergy have been publishing to the World that the King can do greater things than are done in his Declaration But now the Scene is alter'd and they are become more concern'd to maintain their Reputation even with the Commonalty than with the King Ay they Insinuate as if the Nobility and Gentry had taken up their Religion on such a Foundation as would be shaken by an Address and do moreover suggest as if the Nobility and Gentry are as little affected with his Majesties Grace as themselves The PAPER May it not therefore be expedient humbly to Remonstrat our Scruples in this Affair to our Diocesan and beseech him not to require our Act without consulting us in a thing of so Public and National Concernment wherein we conceive our selves oblidg'd to proceed upon mature Deliberation and united Measures which under God and the King are like to be our greatest Safeguard ANSWER Their Duty is to consider whether they are more oblig'd to their Metropolitan than to their Diocesan If they ought to regard their Diocesan most it 's their Duty to submit unto his Sense of things and not revive the old way of Remonstrating thus but if they judge themselves bound to regard their Metropolitan more than their Diocesan we are sure that their Obligation to the King the Supreme Ordinary of the Church of England is much greater and that they ought not to bring what he approves of under debate especially considering the Transcendency of His Majesty's Favor towards them and that such Discoveries of Ingratitude may justly provoke the King to exercise His Just Prerogatives in Matters Ecclesiastical and humble them In a word we would if possible inculcate this on your Thoughts That our Church of England Lawyers have resolutely affirm'd the King to be Supreme Ordinary and by the ancient Laws of this Realm may without any Act of Parliament make Ordinances and Institutions for the Goverment of the Clergy and may deprive them if they obey not Moor 755. C. 1043. Cro. Trin. 2 Jac. 37. Cawley 1 Eliz. c. 1. And when the Prince zealously espous'd our Churches Quarrel 't was deem'd by our Clergy to be almost Treason to suggest the contrary And if you consult our Histories you ll see that Queen Elizabeth in favor of our Clergy did many a time exercise this Power on her entring the Throne she sent out a Proclamation That no Man of what Perswasion soever he was in the Points of Religion should be suffered to Preach in public but only such as should be licens'd by her Authority On which occasion no Sermon was preach'd at Paul's Cross or any public place in London from December until the Easter following and by it those that could not subscribe the Articles enjoyn'd meerly by Regal Power were suspended and depriv'd Whence we observe That if this Power be inherent in the Imperial Crown of England as hitherto our Clergy in opposition to Fanatic Clamors have over and over asserted the Clergy are undoubtedly owing to His Majesty's Clemency for the free exercise of their Religion for had not the King excell'd Queen Elizabeth of precious Memory in Compassion and Grace their Mouths would have been stopp'd long ago On the other hand if this Power be not inherent in the Crown 't will inevitably follow That the Nonconformists have been most unjustly treated by our Clergy To conclude The last Result will be this Our Clergy must abide by their old avow'd Doctrin defend the King 's Ecclesiastical Supremacy and acknowledge that it is to His Majesty's Grace they are owing for their present Liberty or condemn all their former Practices against the Dissenter and turn over unto them Vtrum horum Farewell FINIS See. 1. Eliz. c. 2. towards the End. The Queens Majesty by the Advice of her Commissioners or Metropolitan may ordain and publish such Ceremonies or Rites as may be most for the Advancement of Gods Glory c. Rex potest novas Leges condere circa Caeremonias Ritus cum Concilio Metropolitani vel Commissariorum in Causis Ecclesi●sticis Zouch Descrip. Jur. Ecclesiast par 1. Sect. 2. Cosin Tab. c. 1. Subscriptions requir'd before the 13 Eliz. c. 12. Heyl. Hist. Q. Eliz. an 5. pag. 331. Not only the Complaints of the Nonconformists in their Prints but our Histories so frequently mention it that 't would be troublesome to quote 'em all We 'll therefore mention what the Lawyers say of it and it is this A Subscription to the 39 Articles so far forth as the Articles do agree with the Law of God and the Land is not good as was adjudged in 33 34 Eliz. B. R. Clark against Smithfield So Godolph Abridg. Eccles. Laws c. 13. §. 8. Besides the Canon 36. enjoyns this fuller Subscription That the King as Supream Head may do whatever the Pope might formerly do within this Realm by Canon Law is asserted by all our Lawyers generally See Cok● 4. Instit. 341. Cawley 1. Q. Eliz. c. 1. Godolph Abridg. c. 1. §. 5 6 7. Zouch Descrip. jure Eccles. p. 1. §. 1. Cosin Tab. c. 16. The Lord C. J. Hobart asserts That altho the Statute of 25. Hen. 8. c. 21 doth say That all Dispensations c. shall be granted in manner and form following and not otherwise yet the King is not thereby restrain'd but his Power remains as full and perfect as before Colt and Glover against the Bishop of Covent and Lichfield Godolph Abridg c. 26. §. 12. Nullum Tempus occurrit Regi They declare That the Book of Common-Prayer and of Ordering of Bishops c. containeth nothing in it contrary to the Word of God and that it may be lawfully used and that they will use the Form in the said Book prescribed in Public Prayer and Administration of the Sacraments and none other Can. 36. Art. 2. If an Act of Parliament forbiddeth under a Penalty and it prove inconvenient to divers particular Persons the law gives Power to the King to dispense therewith So Rolls and Coke See 22 Car. 2. The Author of Jovian assures us That the Government of this Kingdom consists in the Imperial as well as the Political laws and whatever is requir'd by the Imperial Laws if not contrary to the Laws of God mu●t be observ'd So that unless Acts of Parliament be jure divinc and the Imperial Law or the Word of the King is to act contrary we m●st obev Joviar Edit 2. p. 205. 206. Synodus Provincialis vel Nationalis convocari non debet absque Principis Rescripto nec tractari nec determinari aliquid potest in Synodo nisi consentiente assentiente Principe Cosin Tab. c. 1. See Cawley on 1 Eliz. c. 1. Heylyn's Hist. of Q. Eliz. p. 276.