Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	call_v	name_n	place_n	2,269	5	4.1426	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A31457	The nature and kinds of simony discussed wherein it is argued whether letting and ecclesiastical jurisdiction to a lay-surrogate , under a yearly pension reserved out of the profits, be reducible to that head : and a sentence in a cause depending about it near six years in the court of arches, is examined / by J. Cawley ...	Cawley, J. (John), 1632?-1709.	1689 (1689)	Wing C1650; ESTC R16298	29,189	42

to stealing a Mule much less an Ass though all are Beasts of Burden and the first a part of him though the Immorality and Crime in stealing either of them be not at all different To all which I shall add one thing more That this Crime whatever it is yet is not under the title of Simony in the Canon Law but under the title immediately following which shews what Notion the Compilers of the Canon Law had of it and that they took it not to be Simony though it had been exercised by a Clerk at least not such a Simony as the former title treated of in the rigorous and strict signification of the Word but in a large extensive abusive signification only as they may call any Crime they please by that Name as Soto before cited to that purpose hath observed though indeed the Canons never call this so in any sense whatesoever but clearly intend it for another sort of Crime by placing it under another sort of Head which I may very rationally infer considering the accuracy and exactness used by the Compilers in ranging every thing under its proper Head by that shewing to us the true nature and formal difference of every thing there treated of And this is so true and material that Pope Greg. XIII in his Breve before the Body of the Canon Law saith Quae perperam posita erant suis locis restituta c. every thing is now restored to its proper place to which place this Crime is not restored if it be Simony which must argue either Neglect or Unskilfulness in the Compilers Crimes not to be objected where Popes and the best Canonist in the World are so far concerned And indeed who can believe that in Forty six Chapters which make up the Title Simony in the Decretals this should not have been inserted if it had belonged to that Classis rather than have crept in under the next Title of Nè prael vices where there are in all but Four Chapters and that which is treated of in the last no Man ever called Simony viz. Letting the Tythes to Farm for Seven Years which yet must be Simony if the Gloss saith true which would make it a kind or a sort of Simony something like it though not it Altera species Simoniae That is something the Canonists call so though it be not so For as the Church of Rome Usurps a Power to make every thing Lawful if she please by her Dispensing Power which began at Rome as Matth. Paris saith though never so flagitious so doth she on the contrary pretend the same Power to brand every Action with an infamous Name though it be in it self never so Innocent and Indifferent In this Case It is Lawful say her Canonists for a Bishops or an Archdeacons Chancellor or Official to put in a Surrogate it may be a Curate or a Vicar-choral never Educated to the Law and give him 10 lb a Year or but a Groat for an Oath and no other Salary as many have done who have these Jurisdictions and the Chancellors and Officials take all the rest allowing not a full Scandalous Tenth of the Profits to the Surrogate But it shall not be Lawful for an Archdeacon to make the Chancellor of the Diocess or any other well Qualified Learned Man his Surrogate the Archdeacon reserving to himself perhaps not neer half of the Profits and so allowing the Surrogate a plentiful and honorable Sallary Now let any Man Judge which of these two will be tempted to Oppression and Extortion he that executes the Office for 10 lb a Year or he who hath 80 or an 100 lb. But still there is a Quirk and Nicety in the Law which improved by the Chicanry of the Practisers and countenanced and even promoted by a whole Community of the profession can make Black White and White Black and find error where there is no fault and make that Criminal which most furthered the administration of Justice whereas their own scandalous and scanty both Salaries and Surrogates shall never be called into question This is the true Case I now treat of and it is and hath been confessed at the hearing of this Cause by the most violent in it That there is really and indeed no difference at all between the Archdeacons giving a Sallary to a Surrogate or his reserving part to himself only in one case the Archdeacon receives the Profits and divides them and in the other case the Surrogate doth it The thing is all one and comes to all one and either way the Archdeacon may have what he will himself and let his Surrogate have what part he assigns him The Surrogate in either case may be tempted to Extortion of Fees because he hath not the whole yet that is the only reason in the Canons why this we write of is forbid and must be a very weak one since they permit what is as pernitious or more than what they prohibit 2. The Second head is That it is not Simony by the Ecclesiastical Constitutions Injunctions or Canons of the Church of England A great part of which were Compiled and Glossed on by Lyndwood who follows the Order of the Pontifical Decretals making in all Five Books in the the last whereof is a Title of the same Name and in the same place as in the Decretals called Nè praelati vices wherein this Crime is treated of So that the Title of Simony which just preceds this hath no more to do with it than any other Title hath but in Lyndwood as before in the Decretals it is under another Title distinct from that of Simony which strongly argues it to be a distinct Crime Long before Lyndwood in the Reign of Hen. the First a Councel was held under Archbishop Anselm whose Second Canon is against Simony and the Third is against letting Jurisdictions to Farm but that Canon calls it by no such Name as Simony no more than ranks it under that head In the Abortive Canons of Edw. the Sixth there is not a Word about it though very much about Chancellors c. and their Jurisdictions The Canons of King James 1603 injoyns an Oath against Simony at Institution to Benefices and the Canon is under the general head Intituled Ministers their Ordination Function and Charge The whole Canon concerns Benefices which require a Canonical Title and Institution which is the very Definition of a Benefice in the Regulae juris Beneficium Ecclesiasticum licitè acquiri non potest sinè institutione Canonicâ And Lyndwood explains what a Benefice is Intelligo contineri appellatione Beneficii Dignitates personales praebendas Ecclesias omnes alia quaecunque cum curâ sine curâ quae cum titulo habentur Iustitutione Canonicâ Neither is the Oath against Simony recittd in that 40 Canon Administred by any who understands his Duty to Officials or Commissaries or any who act by Deputation But there is another injoyned in Can.