Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	abandon_v	common_a	weal_n	12	3	10.2275	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A00282	An abstract, of certain acts of parliament: of certaine her Maiesties iniunctions: of certaine canons, constitutions, and synodalles prouinciall: established and in force, for the peaceable gouernment of the Church, within her Maiesties dominions and countries, for the most part heretofore vnknowen and vnpractized	Stoughton, William, fl. 1584.	1583 (1583)	STC 10394; ESTC S101664	176,465	272

of lay men as in trueth it is already executed by lay men yet the Courtes of Arches and Audience and the Court of Delegates might remayne and continue still and as they ought indeede so they might in worde as well and better to bee called the Queenes Courtes of Arches and Audience as the Archbysh of Canterburies Courtes of Arches and Audience As conuenient for the Doctors to attend vpon the Queene as vpon the Archbysh And as good a sight it were as dutiful a part for my masters Doctoures of the Ciuill Lawe in their Scarlet robes to attend vppon her Maiestyes roiall person in case she passed thorough Paules as to attend vppon their Lordes grace his person And as touching euery other Consistory nowe called the Bpshoppes or Archdeacons Consistory for auoyding of confusion and many iudgement seates if they were vnited and reduced in euery Shiere or euery Diocesse to one consistorye it mighte lykewise haue the name of the Queenes Consistorye and the Courtes bee called the Queenes ciuill Courtes as wherein according to the natures and qualities of the causes before specified Ciuill Iustice might bee ministred and the Popish ecclesiasticall Lawe abandoned and as a froth or filth bee spewed oute of the Common Weale Her hignesse can not more gratify the Pope then by executing his lawe For assuredlye by no meanes can her Maiestye so much gratifye her capitall enemye as by authorising and practising his Lawes nor by no meanes can shee more honour the Lord then vtterlye to abandon all semblaunce of any gouernment proceeding from an enemye and Traytour to his Maiestye Neyther were it a Dodkin matter so little is his Lawe worth in her state and gouernment to haue all Bookes of her enemyes Lawes layde on a heape in Smithfielde and sacrificed in Fire vnto the Lorde her owne common and statute Lawes the Ciuill Lawe for the exellencye thereof receyued among all Nations and certayne prouinciall Constitutions made heretofore at her Auncestours commaundement haue for the moste part alreadye and where neede is speedilye maye haue sufficient matter in them for the gonernment of the Church and Common weale without any helpe from the Laws of the enemy of the church and Common weale Instit de iur natu genti ciui § sed quod The Lawe of a King is as it were the mouth of a King for that he alwayes speaketh by his Lawe And if wee suffer the Pope to speake amongest vs as a King doe wee not honour him as a King If wee imbrace his power doe wee banish his personne If you say that they bee not executed as his Lawes but as ours I aske you agayne why shoulde they at all be executed as oures For in trueth they doe lesse good vnto vs then an Herb-Iohn doth as is sayde in the Potage for that Herbe doth neyther good nor harme But these Lawes doe annoye vs vvonderfullye and they doe vs no manner of good at all They are altogether needelesse they are altogether Bootelesse I woulde to GOD they were altogether footelesse too For touching the gouernment of the Church wee haue first the perfect and altogether righteous Lavve of God to rule the same by Secondlye wee haue her Maiesties Iniunctions the common and Statute Laws of the Realme and the prouinciall constitutions conteyning in effect whatsoeuer ought in anye case by any subiect to bee practised within this Realme Touching the administration of Iustice in anye ciuill cause before mentioned and wherof practise is made in the ecclesiasticall Court there is nothing good in the whole body of the Canon Lawe concerning the same but the same hath beene culled out of the Ciuill Lawe it is but an Epitomy of the Ciuill Law The rules of the Cannon Lawe are for the most part rules taken out of the Ciuill Lawe onely there is this difference that by the Cannon Lawe a man in some case shall not in his whole life time get an end of his suyte as these parties that had a cause depending in the Popes Court twentye foure yeeres and yet in all that space Lis non erat contestata an issue could not bee ioyned wheras by Ciuill Law a cause in the first instaunce ought to bee finished within three yeeres at the vtmoste or else the Agent becommeth non suite And if vppon cause the matter bee appealed after definitiue sencence the same cause of appeale ought ordinarily to bee ended within one yeare or vppon some iust cause extraordinarilye happening vvithin two years Otherwise the appeale is frustrate so that in both instaunces fiue yeares onely must bee spent in suit of law And nowe what reason is there that the Canon Lawe shold be still canonized amongst vs when it was ordeined that none should proceed in any vniuersity doctor of the Canon lawe I thinke the meaning of the ordinance cheefly was that leauing no hope of preferment to the professours thereof the thing being of it selfe so vile they shoulde loose no labour in the study thereof But I will conclude that in as much as by the Canons Constitutions ordinaunces and synodalles prouinciall made before the 25. yeare of Henrye the eyght Byshpos and all other Cleargy men are forbidden to be Vicountes Presydentes Iustices Stewardes Bayliefes gouernoures of Villadges Iudges Aduocates Assessors Tutors Gardians Ouerseers runnagates to seculer Courts farmers of temporall possessions receyuers of reuenewes present in anye place where mencion of anye processe or iudgement is to bee awarded agaynste anye man to the sheading of bloude And in asmuch as they are commaunded to apply themselues wholly to Prayer and supplication and not to neglect their office and to intangle them selues with worldlye businesse And for as much also as the Emperour hath vppon substantiall reasons and principles inhibited the Cleargy vnder his Dominions the like offices to the end there mighte bee no confusion of gouernment nor mingling of offices nor Iustice vnministred nor one to defraude another and for as much also that such Canons Constitutions ordinaunces and synodalles prouinciall before specified bee not contrariant nor repugnaunt to the Lawes Statutes and Customes of this Realme nor to the domage or hurt of the Queenes Prerogatiue royall but rather for the establishment of the same the same Canons beeing both founded vppon the Lawe of God whereby her prerogatiue standeth and is vpholden and confirmed by the Lawes of reason and nature and also ratified by the consent of Emperoures and nations that therefore these Canons constitutions ordinaunces and synodals prouinciall ought to be vsed and executed as they were before the making of the Act 25. Henry the eight and that therefore it is vnlawfull for Archbishops bishoppes or anie Cleargie men to beare any ciuill office in the common wealth If any except that before 25. of Henry the 8. bishops and Cleargie men did vse and execute those offices and that therefore these Canons were not then in vse and executed and therefore not in vse now or to

of the worde of God and therefore it is needelesse to make any repetition thereof Onely I would haue the reader diligently to marke the wordes of the Statute forbidding all manner of Dispensations in any matter or cause repugnant to the worde of God For though the aduersary cauill that we finde not in the scriptures these Termes Viz. Licenses Tollerations Dispensations c. precisely specified in any commaundement prohibitory in the Scriptures Yet in as much as the matter or cause of Dispensations for many benefices is there generally forbidden as ambition pride couetousnes perill of soules c. It is against the peace profit of the common weale that the Archb. should dispence Therefore it followeth that by this statute Dispensations in this case are absolutely inhibited The minor proposition of the second Syllogism may be confirmed by three euident reasons First from the euent which by our owne common and daily experience we too too well knowe to be true For by the same we see a fewe wealthy and ritch Prelates in pride iolity to be maintained and a great number of needy Stipendary Curates and poore Ministers to be vtterly destitute of meete and conuenient allowaunces so that sometimes after theire dissease their distressed wiues and Children are forced eyther to bee releeued by the seuerall Parishes of their aboades to the impouerishing of the same parishes or else constrained to beg from place to place so be chastised as rogues or pilfer steal and so be punished as fellons Secondly by a comparison drawn from other Statutes of the realme prouiding that one rich and mighty man shoulde not exercise many seueral misteries trades and faculties and so rob the poorer sort from the ordinary meanes wherby they might liue well and honestly in the common wealth The third reason is taken from an adiunct or common accident to euery common weal rightly gouerned that is that the last Willes and Testamentes of all and singular testators be duely execued especiallye such as whereby the honour of God is promoted the Church and common weale manifestly regarded but vnto the performaunce of the the last Willes and Testaments of many patrons endowing many churches with large and ample possessions to the intent conuenient liuinge might be alwayes prouided for Pastors to be resiaunt and to feede their posterity with the foode of life the worde of God there can be nothing more preiudiciall or more derogatory then that these seuerall patrimonies and inheritaunces appointed by seuerall patrons for seuerall Pastors to such seuerall and good vses shoulde by the dispensation of one man be transformed and giuen to another vse contrary to the testator his intent and purpose And therefore I confirme my Minor Proposition by these three conclusions 1 Whatsoeuer is an occasion that poore and needy Ministers their wiues and children do want a competent conuenient maintainance the same is not necessary for the profite peace wealth and conseruation of the common weale 2 But that one man shoulde by dispensation enioy many benefices is an occasion that pore and needy Ministers their wiues and Children doe want a competent and conuenient maintainance 3 Therfore that one man should by dispensation enioy many benefices is not necessary for the profit peace wealth and conseruation of the common weale 1 Whatsoeuer is an occasion that one man shoulde enioy the offices liuings of many men the same is not necessary for the peace profite wealth and conseruation of the common weale 2 But that one man should by dispensation enioy many benefices is an occasion that one man should enioy the offices and liuings of many men 3 Therefore that one man should enioy by dispensation many benefices is not necessarye for the peace profite wealth and conseruation of the common wealth 1 Whatsoeuer is preiudiciall and derogatory to the last willes and testaments of Testators disposing their patrimony to lawfull holy vses the same is not necessary for the peace profite wealth and conseruation of the Realme 2 But that one man by dispensation shoulde enioy many benefices is preiudiciall and derogatory to such last Willes and Testaments 3 Therefore that one man by dispensation shoulde enioy many benefices is not necessarye for the peace profite wealth and conseruation of the Realme It is inconuenient for the honor safety of her highnesse person for the Archb. to dispence COncerning the validitye of the Minor proposition of my third syllogisme drawne from the conueniencie of her highnesse honor namely that it is not conuenient for the honour and suerty of her Highnes person to leaue any manner of authority for the Archb. to dispence none may wel doubt therof but only such as respect more the pomp and glory of an Archb. then the dignity preeminence of a Christian King For in good soth this statute made principally to abolish al vsurped power challēged by a forrē Romish pope ouer the king his subiects yet to authorise a domestical English Archb. in his roome containeth in it such a contrariety such an absurdity as it is wonder how either any Archb. durst challenge the executiō thereof or else how hir highnesse most noble Father brother her highnes own person could endure the same so long vncanselled vnrepealed especiallye the same being most preiudiciall to their regall crownes and dignities For first by the vertue of this Statute it is enioyned the Archb. and his successours in no manner wise to graunt any dispensation licence rescript or any other writing for anye cause or matter repugnaunt to the lawe of Almighty God Secondly it is permitted vnto the sayde Archbysh and his successours by their discretions to graunt vnto the K. Maiestie and to his heires and successours Kings of this Realme all manner such licenses c. as heretofore haue beene accustomed to bee had and obtayned by his Highnesse or any his Noble Progenitors or any his subiectes at the sea of Rome Which two clauses without dishonour to the Maiesty of God or preiudice to her highnesse prerogatiue cannot possible establish a sound and perfect Lawe For first in as much as the popes person was neuer duly qualified to be a Lawfull dispensor or any lawfull Magistrate in the Church of God it is manifest that euery dispensation granted at that time at the sea of Rome was directly against the Lawe of God as graunted by one that was no member of the Church of God Again In as much as the trueth of the Gospell warranteth vs that symony Vsury Periury Adultery Incest Nonresidency many benefices Marriages against the Leuiticall Law obseruations of superstitious dayes and times not eating of flesh in Lent and such like are against the Lawe of God it is euident that dispensations graunted at that time for these and such like things at the Sea of Rome were granted in causes and matters repugnant to the law of God and so by the former braunch of this statute being

may he lawfully exercise the Ciuill iurisdiction of an other man Again 88. distinc c. epis conc glos lib. 6. de regu iur c. potest quis EPISCOPVS TVITIONEM c. A bishop ought not to take vpon him selfe the defence gouernment and charge of Widowes and Orphanes and straungers but he ought to dispatch these businesses by some other chiefe Elder or chiefe Deacon But contrary to these Canons lawes principles our Prelates not hauing so ruly and stayed a will as were requisite make a hotche potche of the Cleargie and layetie a gally maufrey of magistracie and Ministery and a mingle mangle of Pastours and people They turne cat in the pan as we say and maintaine the tumbling of the office of a Minister vppon one of the people and the office of one of the people vpon the minister so that by this their iumbling of offices togeather there can be nothing but confusion and disorder as well in their gouernement as in their iudgement Bishops gouernment in ecclesiastical causes being ●uill that argueth the same in ciuil causes not to be good For my part if I as well knew their gouernement in ciuill causes where they may be in commission might hereafter be good as I am sure their iudgemente in Ecclesiasticall pollicie hath hitherto beene naught I woulde wishe them rather to be Magistrates in the common weale then superintendentes in the Church But because it may easely be coniectured by the fact of the one what the effect of the other woulde be it is to be wished that they still were barred from the first hauing so shamefully abused the latter For besides the manyfest contempt and abuse of all lawes positiue in force committed to their fidelities whereof in the former treatizes mention hath beene made if a man shall peruse their aduertisementes and their Canons set foorth for due order in the publique administration of Common prayer and concerning certayne offices of the Church and certayne dutyes belonging to those officers he shall finde they haue bestowed but little labour in making them and lesse fidelitie in executing them For the aduertisementes besides the preface the whole Treatise is not fiue leaues and a halfe of Paper with the subscription of their names and all In which fiue leaues their is not anye one thing mentioned and commaunded to be done but the same was either commaunded by hir maiesties Iniunctions in the firste yeare of hir highnesse raign and therefore needlesse to be repeated againe Or else is translated out of some latin Canon and so made an englishe article halfe an howres study for a bishops Chappleine Title Articles for administratiōs of prayer sacraments Or els is directly against hir maiesties Iniunctions and therefore sauoreth of supremacie Or els is superstitious and therefore smelleth of Poperie And so contrary to the commaundement of the Lord. Hir maiestie by hir iniunctions commaundeth euerye Deane Archdeacon Parson and Vicar to preach in euery of his cures by him self euery moneth 43. Iniunction And because none should be excused as vnable in this behalfe she hath commaunded the bishops that none vtterly vnlearned be admitted to any cure or spirituall charge and she by hir singular and excellent wisedome accounteth him vtterly vnlearned that coulde onely reade to saye mattens or Masse but by the aduertisements and Canons the bishops pronounce it sufficient that a Parson or Vicar preach once a quarter and that not by him selfe but by an other and that one vtterly vnlearned euen as by hir wisedome an vnlearned man hath beene adiudged be admitted to the ministerie and afterwardes sent to the Archdeacon or his officiall to school and to conne his taskes of scripture and to learne his Catechisme Againe Hir maiestie hath commanded euery one to preach within his owne cure without a licence they commaunde that none preach within his owne cure except he haue a licence vnder the bishops seale The article that the minister shall weare a cope with Gospeller and pisteler agreeably smelleth rancke of superstition and as far as I can finde both against hir highnesse Iniunctions and besides the booke of Common prayer The booke of the bishops Canons is of somewhat a larger volume it contayneth 14. leaues you must consider the whole conuocation had an oare in that Boate it intreateth of Bishops of Deanes of churches of Archdeacons of Chauncellors Commissaries and Officials of church wardens of Preachers of residence of Pluralities of schoolemaisters and of Patrons of benefices In the description of which offices as it is manifest they had but little regard to the word of God so is it apparaunt also to euery one learned in the Canon lawe that for the most part they are translated thence here a pece and there a pece and all not worth their labour because if it be not againste the lawes of the Realme or preiudicial to hir highnes prerogatiue then is the same already confirmed by act of Parliament 25. Henry the 8. 25. Henry 8. c. 19. and if ther be any thing in their sayde Canons which is not thus translated out of the Canon law whatsoeuer the same is if it be good then was the very same established before by hir highnesse Iniunctions For as touching the erectiō of new offices belonging to an Archdeacon and the Bishops Commissaries and officials in teaching the ministers their Catechisme and hearing them say their lessons without booke and to take an account how they haue profited in Scripture I thinke if the prerogatiue of the conuocation house were well searched and made knowen it might not erect any new office or promulgate any new Canon without hir maiesties speciall consent first had and obtayned therevnto And I am sure that neither by lawe neither by custome this office did euer belong to an Archdeacon or his officiall before the booke of these Canons was published Booke of Canons and title of bishops Touching the not making handy craftes men and such as haue no title to liue by to be ministers and the not making any minister at any other time but when it shall chaunce that some place of ministration is voyde and that none be suffered to be occupyed in the administration of the Church that is called by the idle name of a Reader Title residence Or that is made a minister vnder the age of foure and twenty yeares or vnderstandeth not the Latin tongue hauing no giftes of teaching or the absence of the sheephearde from the Lordes flocke and diuers other thinges specified in the Bishops Canons If the translator had not beene more faithfull in his translation then the Bish in the execution a meere English man should neuer haue knowen any such thing to haue beene written in the Latine Lawe And therefore because NEMO negligens in re sua presumitur diligens in re aliena No man negligent in his owne cause can be presumed to become diligent in an other mans I can gather no

otherwise then that there hath but little good growen to the Common weale hitherto by the bishops and Cleargie men in the Administration of Ciuill iustice And that therefore such as haue written or spoken or preached againste Ciuill iurisdiction in the Eclesiasticall state haue done it for two vrgent and waightie considerations Friendes of reformation friendes of the queenes maiesties prerogatiue First not to encounter hir maiesties prerogatiue as it is falsely supposed but to teach their Lorde and maisters truth They haue not doone it in disobedience to hir crowne but in obedience to their God They know it is better to obey God then men and therefore they haue laboured faythfully by the worde of God to perswade hir maiestie and the estates of the Realme that these offices ought not by the Lawe of God to be resiaunt in one person and therefore hath exhorted hir maiestie and them in the name and feare of God to vse hir prerogatiue and theire authorities to the seuering of them Secondly they haue preferred the generall welfare and commoditie of the common weale before the vnlawfull honours and promotions of priuate men They know by learning and haue prooued by experience what detriment maye insue to the Common weale when offices are committed to men ignoraunt of such duties as belong vnto their charge A man that hath spent all the dayes of his lyfe in the studie of Grammar or Oratorie and hath alwayes taught the same were a very vnfit man at the age of threeschore yeares to be made a publique Keader in Phisicke or Law and yet notwithstanding to remayne a Schoolemaister still Expedit reipublicae vt quisque officio suo fungatur It is expedient for the Common weale that euery one execute his owne office And I am of opinion that the friendes of reformation are greater friendes and mayntainers to and of hir highnesse prerogatiue then the others be For they ascribe vnto hir maiestie indeede truth and veritie that which the others do but in worde shew and semblaunce onely They earnestly desire and craue that as hir highnesse hath beene annoynted and Crowned by the Lord him selfe Queene and gouernesse ouer them and as she is their naturall and onely lawfull Ladie and Mistresse and as she hath the name title and stile of supreame and chiefe ruler ouer all persons in all causes So likewise the causes now accōpted Ecclesiasticall beeing meere Ciuill shee might in deed truth and veritie haue all and all maner of iurisdiction executed in hir maiesties owne name as well in Courts and iudgements nowe reputed Ecclesiasticall as in other hir maiesties Courtes temporall whereby hir Ciuill gouernement might be more enlarged Which thing the abettours of reformation perceiue now to be otherwyse Forall summons actes proceedinges sentences decrees and iudgementes in all causes and controuersies determinable before Archbishops Bishops and Archdeacons are begunne continued and ended in the Archbishops bishops Archdeacons their Commissaries or Officials names stiles and dignities without any relation or mention of authoritie gyuen unto them as proceeding from hir maiestie then the which there can not seeme anye thing more preiudiciall to hir state Crowne and dignitie For be it that they be created Archbishops and Bishops by hir highnesse and inuested into their seas at hir Graces commaundement yet this argueth no greater prerogatiue belonging vnto hir maiesty ouer them then such as she hath ouer hir other subiectes whom she createth Barons or dubbeth knights But as concerning common and ordinarie iurisdiction in causes reputed Ecclesiasticall they haue no letters patentes from hir maiestie conuaying vnto themas from hir royall person any power ouer hir subiects to heare and determine their causes in hir highnesse name and vnder hir gouernement Onely they execute such iurisdiction as by popishe constitutions or popish customes hath beene heretofore annexed to their Archbishopprickes bishopprickes and Archdeaconries and that by an vtter enemy to hir royall person state and gouernment B. L. to his colleague Comissioners In so much that some of them by Letters hath signified vnto their Colleague Commissioners that common and ordinarie authoritie in causes ecclesiasticall chiefly and almost onely belong to them selues and their officers And that commissions from hir maiestie for reformation in matters ecclesiasticall graunt onely an extraordinarie authoritie And that therefore the sayde Commissioners haue not to heare matters of instance and such as requyre iudgement of lawe for that such causes belong onely to them selues and their officers whereby they haue insinuated hir maiestie to haue no common or ordinarie authoritie in causes ecclesiasticall as they them selues haue Whereas all other courts within hir highnesse Empyre as leetes courtes Baron courtes of regarde courtes of Forrestes I leaue to speake of hir highnesse owne Courtes at Westminster all liberties and franchises all parkes and free warrens belonging to any of the Nobilitie Gentrie or any Citie or borow of this Realme haue euer had their beginninges and establishmentes by the gratious fauour of the Kinges of this Realme as from whose prerogatiue such dignities and immunities ought franckly to proceed and by whom onely they haue beene graunted Onely oure Church gouernours challenge not their authoritie as from hir sacred seate of iustice and princely throone but they challenge their authoritie as a power belonging to their owne seats deriued from an vsurped and forren power 17. pag. ● 28. Henry c. 16. The statute made that euery Archbishop and bishop of this realme and of other the kings dominions may minister vse and exercise all and euery thing and thinges pertayning to the office or order of an Archbishop and bishop with all tokens ensignes and ceremonyes therevnto belonging and that all Archdeacons and Deanes and other hauing offices cures and dignities spiritual may by authoritie of this act and not by vertue of any forren power or authoritie administer vse and exercise all things appertaining to their dignities offices orders cures religions felowships and may lawfully hereafter vse all tokens ensignes and ceremonyes which they haue beene accustomed to vse in times past so it be not expresly against the lawes of God and this Realme This statute I say hauing beene the rule of our Archbishops and bishops consciences for their gracinges there Lordinges there vsheringes their kneelinges there tastinges their cupbearinges and such like improoueth no whit any part of the force of the former assertions but rather confirmeth and fortifieth the same First the statute hauing relation onely to tokens ensignes and ceremonies accustomably administred vsed and exercised before the making of the statute all which beeing Antichristian and therefore expreslye against the lawes of God are plainely by this statute abrogated and therfore ought no more to bee administred vsed or exercised For though the Kinge the peeres and commons at that time not instructed in the vnlawfulnesse of them did not holde and repute them to be againste the lawes of God and therefore did not specially abridge any particuler