Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	act_n	parliament_n	power_n	1,452	5	5.0027	4	false

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01338	The argument of Master Nicholas Fuller, in the case of Thomas Lad, and Richard Maunsell, his clients Wherein it is plainely proved, that the Ecclesiasticall Commissioners haue no power, by vertue of their commission, to imprison, to put to the Oath ex officio, or to fine any of his Maiesties subiects.	Fuller, Nicholas, 1543-1620.	1607 (1607)	STC 11460; ESTC S102744	22,550	38

partes aboue rehearsed but contrarywise doth expresly abolish their Iurisdiction to imprison subjectes fyne them and force them to accuse themselues as repugnant to the Auncient Ecclesiasticall Iurisdiction which by this Act is restored to the Crowne and he hoped to make that poynt so playne and apparant to all the hearers that would attentiuely regard it as that they might be fully satisfied therin For besides the Booke Cases which he ment to put in that poynt to proue his assertion he sayd that the title in the Act of an 1. Eliz. the preamble of the Act and the matter preceding the preamble in that Act and the body of that Act which giveth power to the Commissioners to execute the premisses by colour wherof they challenge this great power to imprison subjectes etc. doe all concurre by their being rightly applyed to condemne and overthrowe these poynts of the Commission Ecclesiasticall before spoken of and rehearsed by him as unlawfull and unjust The title is an Act restoring to the Crowne the auncient Iurisdiction over the Ecclesiasticall and spirituall estate and abolishing all forren Iurisdiction repugnant to the same What the auncient Iurisdiction over the Ecclesiasticall and spirituall estate is he hath sufficiently before declared and proved it to be that Ecclesiasticall jurisdiction viz. Keyes or censures of the Church which was lawfully vsed in EnglaÌ„d before the statute of 2. Hen. 4. the uttermost whereof was to locke men out of the Church by excommunication termed the keyes of the Church Which statute first gaue power to the Ordinaries to imprison subjects to fine them and force theÌ„ to accuse theÌ„selues by their owne oathes which was ever hatefull to the subjects of England And to proue plainely that this Parliament of an 1. Eliz. ment to abolish that power to imprison subjectes force them to accuse themselues the matter precedent before the preamble doth fully proue for that in this very statute of an 1. Eliz. the law makers as wise framers of a Common wealth before they goe about to annexe the auncient right Ecclesiastical Iurisdiction to the Crowne doe by expresse words at the request of the subjects establish and inact that the statute of 5. Rich 2 câ—p 5 and 2. H. 4. cap. 15. which did giue authority to the Ordinaries to imprison fine and force the subjects to accuse theÌ„selues as aboue and all and every branches articles clauses and sentences conteyned in the sayd several statutes and every of theÌ„ should from the last day of that Parliament he utterly repealed voyd and of none effect any thing in the sayd severall Acts or any of them conteyned or any other matter or cause to the contrary notwithstanding So as the imprisonment of the subjects finyng of them and forcing of them to accuse themselues being the matters branches and articles of those statuts howsoever they came into the power of the Clergie of England by these statutes or otherwise being thought by the Parliament to be repugnant to the auncient Iurisdiction Ecclesiasticall as revera they are being a temporall sword were repealed and made voyd by expresse words of this statute of anno 1. Eliz as repugnant to the auncient Spirituall Iurisdiction And to make the meaning of the law-makers more apparant that they allowed not that any offences should be tried by the parties owne oath but by witnesses as in the begiÌ„ning of this statute of an 1. Eliz. cap. 1. it doth abolish the oath Ex officio by making voyd the statute of 2. H. 4. cap. 15. which first gaue life to that kind of proceeding so in the end of the sayd statute it addeth this clause And be it further inacted by the authoritie aforesayd that no person or persons shal be hereafter indited or arraigned for any the offences made ordeyned revived or adiudged by this Act unlesse there be two sufficient witnesses or more to testifie and declare the sayd offence whereof he shal be indited etc. and the same witnesses or so many of theÌ„ as shal be living and within the Realme at the time of the arraignement of such persons so indited shall be brought forth in person face to face before the partie so arraigned and there shall testifie declare what they can against the party so arraigned if he require the same By which words sith it is playne that no offence ordeyned or revived by that statute should receaue triall but by two witnesses brought face to face that they meÌ„t not to giue power by any Commission grounded upon that statute to haue the offences of the subjectes which touch so deepe as Premunire abiuration and forfeiture of lands and goodes should be tried by the parties owne forced oath against his will without any witnes or accuser as this Commission limitts and yet it is pretended to be grounded upon this statute And therfore it were a most violent construction and absurd that the generall words in this statute viz. to execute the premisses according to the tenor and effect of the letters patents should reviue that by an intendment which was by so playne wordes of all the assemblie in Parliament revoked and abolished as a most hatefull thing to the subjectes of England and of which they ment to purge the Church and Ecclesiasticall goverment For that were to make one parte of the statute contrary to the other and to construe the wordes of the law indefinitely sett downe directly against the meaning of the law makers plainely expressed by wordes which Iudges never did nor as he hoped ever would doe And the title and preamble of the statute doe further restrayne the overlarge construction of those generall wordes to execute the premisses because the premisses being the auncient jurisdiction Ecclesiasticall and spirituall purged from that temporall Iurisdiction as aboue is meÌ„t to be restored onely over the Ecclesiasticall and spirituall estate and not over all the subjects of the Realme and because in the preamble the Commissioners who are to be named are inabled touching Ecclesiasticall or spirituall Iurisdiction only to reforme correct and amend all such heresies errors schismes contempts etc which by any spirituall or Ecclesiasticall power authoritie or Iurisdiction might lawfully be reformed and not all abuses of the common wealth meÌ„tioned in their Commssion or any abuse not proper to the Ecclesiasticall or spirituall Iurisdiction whereof there are many named in their Commission which are temporall Iurisdictions viz. to imprison and fine subjects and to execute lawes upon theÌ„ for that the spirituall law should not meddle with that for which there was remedye by common law as is 22. Edw. 4. fol. 20. and the statute of 24. Edw. 1. cap 1. And to proue that the titles and preambles of other statutes doe many times in construction of statutes restrayne the generall words of the same statuts following he put the case upon the statute of perjurie anno 5. Eliz. where the wordes of the statute are that every person and persons who shall commit voluntarie and

of the premisses which they shall object against them and to proceede against them and every of them as the nature and quality of the offence or suspicion in that behalfe shall require And to inquire of adulteries fornications outragious misbehaviours and disorders in mariages and of al other grievous and great crymes and offences within any parte of the Realme which are punishable or reformable by the Ecclesiasticall lawes of this Realme according to the tenor of the lawes on that behalfe or according to their wisedomes and discretions or the discretions of any three of them The Commissioners or any three of them are further authorized willed and commaunded to use and devise all such good lawfull reasonable and convenient wayes for the triall and searching out of all the premisses and proceedings therin as by any three or more of them shall be thought most expedient and necessary They or any .3 or more of them haue authority to order award such punishment to every such offender by fine imprisonment censures of the Church or other lawfull way or by all or any of the sayd wayes and to take such order for the redresse of the same as to the wisdomes and discretions of any three or more of them shall be thought meete and convenient For contempt in not appearance or not obeying the decree of any three of them they haue power to fine theÌ„ at their discretioÌ„s and to commit them to ward there to remayne untill by any three of them they shal be inlarged according to their discretions They haue power to take recognizance of every offendor and suspected person aswell for their personall appearance as for the performance of such orders decrees as to any three of them shall seeme reasonable and convenient in that behelfe They haue also power to commaund all every sheriffes Iustices and other officers and subjects within this Realme in all places aswell exempt as not exempt by their letters and other proces to apprehend or cause to be apprehended any person or persons which they shall thinke meete to be convented and take such bonds for their appearance as any three of them shall prescribe c. or to committ them to prison They haue power to execute the premisses notwithstanding any appellation provocation priviledge or exemption any lawes statutes proclamations other grants priviledges or other ordinances which be or may seeme contrary to the premisses notwithstanding Vpon which parts of the sayd Commission being so indefinite without limitation or restraynt he noted that if the Commission should be executed according to the letter thereof the subjects notwithstanding any lawes or customes to the contrary might be cited out of their owne Dioces yea from the furthest parte of the Realme for any cause or suspicion conceaved by the Commissioners or any three of them and forced to attend the Commissioners where they will appoynt in time of harvest or time of plague with the danger of a mans life as he was forced to attend many weekes in daunger of his life they refusing to delay the cause untill the terme upon any bayle or bond And they may force any subject to appeare at what dayes and howers any three of them shall appoynt for such matters sometimes as are more proper to be heard in other Courts And although the penalties of the statuts be never so great as Premunire Abiuration forfeyture of lands goodes whereof some offences are by the same statute limitted to be tryed onely in the Kings bench yet the party suspected may be forced by this Commission to accuse himselfe upon his owne oath upon such captious Interrogatories as the witt of man can devise when there is neyther accuser nor libell of accusation And that in many things they may inflict what punishment any three of them shal thinke meete in their discretions and force men to performe such order as they shall make by the parties bond before any order made and that their judgments or decrees whatsoever should not be subject to any writt of Error attaint or appeale and that they may devise meanes at their owne discretion for the triall and finding out of any the sayd offences Which kind of proceedinges how farr they doe differ from the common lawes of England which is the inheritaÌ„ce of the subjects and what Iarres harsh tunes they make in the sweete harmony therof setled by so long continuance with a most happy successe any wiseman may see without any inforcement froÌ„ him and how much of this they doe dayly execute he did leaue to see it Only so much as came under his owne viewe he said that the last day of Easter terme he moved at the Exchequer barre for 20. persons his Clients dwelling in Yorkeshyre wherof som as they told him were very poore who were fined by the Ecclesiasticall CoÌ„missioners for not appearing at their dayes appoynted many of them to 30. pounds a peece one only at ten and all the rest at twenty a peece which was not salvo contenemento according to the statute of Magna Charta cap. 14. And one client being an housholder in Fleetestreete named William Goulder prayed advise for his hard close imprisonment many dayes with great Irons on him by the Commissioners upon some suspition conceaved by some of the Commissioners that some person was hid in his house and was after freed without any conviction of his supposed offence And because the sayd Nicholas Fuller did except against the Commissioners as not competent Iudges in their owne cause of him and of his argument made against them at the Kings bench barre they threatned to sett 500. pounds fine on him and to imprison him And when he finding their proceeding by the oath Ex officio to vary from the Common lawes which he had long tyme practised he said to them it seemed to him that he was in a new world or other Common wealth thereupon they threatned to imprison him if he spake one word more to the disgrace of the Commission Wherefore he held it strong in his opinion because his Majesties Commission which they terme High is by the true intent of the statute only a Commission executorie but for so long time onely as shall please the King and is no setled court for continuance for ever as they would haue it comparing the authority thereof with the Kings bench and preferring it aboue it that in all the partes and poynts aboue rehearsed the Commission is not of force in law nor warranted by law except some Act of ParliameÌ„t doe giue it life And now touching the last and principall parte of his division viz that no Act of Parliament doth giue life to the Commission Ecclesiasticall in the parts aboue mentioned it is to be noted that the Commission is founded only upon the statute of an 1. Eliz. cap. 1. and that this Act of an 1. Eliz. neyther doth nor can giue life to this Commission by any right construction in these

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