Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	authority_n	king_n	parliament_n	1,836	5	6.6012	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A77860	Reasons shewing the necessity of reformation of the publick [brace]1. doctrine, 2. worship, [double brace] 3. rites and ceremonies, 4. church-government, and discipline, reputed to be (but indeed, not) established by law. Humbly offered to the serious consideration of this present Parliament. By divers ministers of sundry counties in England.	Burges, Cornelius, 1589?-1665.	1660 (1660)	Wing B5678; Thomason E764_4; ESTC R205206	61,780	69

inrollment of that Charter until 2 Ric. 2. will not admit of so great Antiquity thereof And the same Sir Edw. Cook there alledgeth the Red Book of Hen. 1. De general Placitis Comitatuum Cap. 8. extant in the Office of the Kings Rememb in the Exchequer wherein in the Sheriffs Tourne Court is said Ibi agantur primo debita verè Christianitatis jura Secundo Regis placita postremo causae singulorum dignis satisfactionibus expleantur There let be handled first all due Laws of Christianity or Court-Christian Secondly Pleas of the King Lastly Causes of particular persons c. Whereupon they that is others conclude that Ecclesiastical causes were handled in the Tourn in H. 1. long after the said supposed Charter Then he addeth And certain it is the Bishops Consistories were erected and causes Ecclesiastical removed from the Tourn to the Consistory after the making of the said Red Book But let the Antiquity thereof be what it will it is most certain that however the Popes and their Agents did often intrude and usurp Authority within this Realm yet the King and Parliament ever held the Bishops and Clergy of England within the verge of the Laws of the Land never permitting them either by colour of Magna Charta or otherwise to exercise any Authority but with submission to the Municipal Laws So that whoever shall endeavour to put them into any further power in case they have a mind to restore them to former Jurisdictions doth put to his hand to make them so many Popes which this Realm even in times of Popish Religion here would never endure And whereas some are pleased to affirm that by the Statute of 25. Hen. 8. cap. 19. there was a stricter restraint laid upon the Bishops and Clergy than in the times before when they sate in Convocation viz. No Canons should be made and put in exercise that were contrariant or repugnant to the Laws of the Land it is manifest that the same limitation was long before set upon them For Sir Edw. Cook ibid cap. 74. pag. 323. saith That the King did often appoint Commissioners by Writ to sit with them at the Convecation and to have cognizance of such things as they meant to establish that nothing should be done in prejudice c. and for this he citeth 51. Ed. 3. nu 42.46 Edw. 3. prem 8.21 Ed. 4.45 Rot. Parl. 1 Ric. 2. nu 114. from which he concludeth that the Statute of 25. H. 8.19 is but Declaratory of the old Common Law And so strict were the Kings anciently over Bishops and Archbishops too that when the Clergy petitioned in Parliament 51. Edw. 3. 4 Instit ca. 74. of Archdeacons p. 339. num 83. that of every Consultation conditional the Ordinary may of himself take upon him the true understanding thereof and therein proceed accordingly that is without appeal to the King whereupon Delegates by Commission under the Great Seal might hear and determine the same The Kings answer was that the King cannot depart with his right but to yeeld to his Subjects according to Law To which Sir Edw. Cook subjoyns an Item to all his Readers Nota hoc stude bene Nay this is not all For so far did the Kings of England engage in the over-ruling of Bishops that they did not onely limit their Jurisdiction but allowed them not liberty to make a Will without licence from the King till they made composition with him as the same Author telleth us saying Ibid. p. 338 It appears by many Records in the reigns of H. 3. Edw. 1. as taking some one or two examples for many that by the Law and custome of England no Bishop could make his Will of his Goods or Chattels coming of his Bishoprick c. without the Kings licence The Bishops that they might freely make their Wills yeelded to give to the King after their deceases respectively for ever six things 1. Their best Horse or Palfrrce with Bridle and Saddle 2. A Cloke with a Cape 3. One Cup with a Cover 4. One Bason and Ewre 5. One Ring of Gold 6. His Kennel of Hounds For these a Writ issueth out of the Exchequer after the decease of every Bishop Whether this be still in use we meddle not but mention it onely to shew what a strict eye our Kings have ever had upon Bishops so as the Law allows them not power so much as of their own personal Estates much less of Ecclesiastical Jurisdiction without the King What power they had in the High Commission Court is needless to mention the Court being happily laid aside by the Statute of 17 Car. 1. cap. 11. But whereas they insisted upon sole Jurisdiction and now begin to exercise it or at least to renew their claim thereunto it is very well known that by the Statute of 1. Edw. 6.2 they could hold no Courts but in the Kings name nor that without Commission under the Great Seal which power was indeed revived and re-established by the Act of 1. Eliz. after it had been repealed 1. Mar. 2. Howbeit all that power is again repealed and made void for ever by the same Act of 17. Car. 1. and now no Commissions to be granted them any more To make this out we shall rehearse the words of both those Acts of Parliament which run thus 1. The Act of 1. Eliz. cap. 1. having first united and annexed all Spiritual and Ecclesiastical Jurisdiction to the Imperial Crown of this Kingdom it after addeth what power shall be given by Commission under the Great Seal to exercise the same in this following Clause onely viz. And that your Highness your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by vertue of this Act by Letters patents under the Great Seal of England to assigne name and authorize when and as often as your Highness your Heirs or Successors shall think meet and convenient and for such and so long time as shall please your Highness your Heirs or Successors such person or persons being natural born Subjects to your Highness your Heirs or Successors as your Majesty your Heirs or Successors shall think meet to exercise and use occupy and execute under your Highness your Heirs and Successors all manner of Jurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these your Realms of England and Ireland or any other your Highnesses Dominions and Countries And to visit reform redress order correct and amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of Vertue and the Conservation of the Peace and Vnity of this Realm And that such person or persons so to be named assigned authorized and appointed by your Highness your Heirs or Successours after

the said Letters Patents to him or them made and delivered as is aforesaid shall have full power and authority by vertue of this Act and of the said Letters Patents under your Highness your Heirs or Successours to exercise use and execute all the premises according to the tenour and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding This is one entire Clause of that Act nor is there any Branch or Clause in that whole Act that gives more or other Jurisdiction to Bishops or any other Ecclesiastical persons whatsoever 2. Now the Act of 17. Car. 1.11 having repeted this Clause at large addeth Be it Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That the aforesaid Branch Clause Article or Sentence contained in the said Act and every word matter and thing contained in that Branch Clause Article or Sentence shall from henceforth be repealed annulled revoked annihilated and utterly made void for ever any thing in the said Act to the contrary in any wise notwithstanding This as we humbly conceive puts a period to all Ecclesiastical Jurisdiction of Bishops Deans and Chapters and Archdeacons whatsoever And even before that Act of 17. Car. 1. that Government which they exercised was without yea contrary to Law For whereas by the Statute of 1. Edw. 6.2 it was Enacted that all Summons and Citations or other process Ecclesiastical in all Suits and Causes c. should from the first day of July thence next following be made in the name and with the stile of the King as it is in Writs Original or Judicial at the Common Law And that the Teste thereof be in the name of the Archbishop or Bishop or other having Ecclesiastical Jurisdiction who hath the Commission and grant of the Ecclesiastical Authority immediately from the Kings Highness And that his Commissary Official or Substitute exercising jurisdiction under him shall put his name in the Citation or Process after the Teste And that they in all Seals of their Office shall have the Kings Highness Arms decently set with certain Characters under the Arms for the knowledge of the Diocess and shall use no other Seal of Jurisdiction c. upon pain of his Majesties displeasure and imprisonment during his Majesties pleasure * So also it is Enacted 1. Edw. 6.12 that they should make their Process and Writings in the Ks. name and not under their own names and that their Seals should be the Kings Arms. In which Act nevertheless they were allowed to use their own Seals in admission and ordering all their own Officers in all Certificates in all Collations Presentations Institutions and Inductions of Benefices Letters of Orders or Dimissories as formerly was accustomed But under colour of this last Toleration they have used their own Names and Seals onely in all Ecclesiastical Jurisdictions for many years last past without taking the least notice of King or Queen or taking any special Commission from them for ought hath appeared in any of their pretendedly juridical proceedings which are therefore apprehended to be all void in Law albeit they had obtained in secret Letters Patents so to act as they have done For that Statute being repealed in 1. Mar. 2. was again in general terms revived and re-established in 1. Eliz. 1. and never since made void And whereas our Bishops and Archbishops in England and Wales are in all but twenty six in number which being far too few to be able to execute the Office of Bishops as by the Word of God they are bound to do there was in the 26th year of Hen. 8. cap. 14. an Act of Parliament made for adding six and twenty Suffragan Bishops more unto them which that Statute saith hath been accustomed to be had in this Realm It was Enacted that Th●tford Ipswich Colchester Dover Gilford Southhampton Taunton Shaftsbury Molton Marleborough Bedford Leicester Glocester Shrewsbury Bristol Penreth Bridgwater Notingham Grantham Hull Huntington Cambridge and the Town of Pereth and Barwick St. Germans in Cornwal and the Isle of Wight shall be taken and accepted for Sees of Bishops Suffragans to be made in this Realm These to be chosen thus Every Archbishop and Bishop that would have Suffragans must for each place nominate two persons to the King whereof the King to chuse one and to give him the name title and dignity of Bishop of such of the Sees aforesaid as he should be nominated unto and he to be called Bishop Suffragan of that See And the King by his Letters Patents is to present him to the Archbishop of the Province where this Suffragan is to be requiring the Archbishop with two Bishops or Suffragans more to be procured by the Bishop that names him to Consecrate the said person to the same name title stile and dignity of Bishop as to the Office of a B●shop Suffragan appertaineth and then to execute such power and authority as by the Archbishop or Bishop within whose Diocess he is to be he shall be Commissionated to do but no other under pain of a Premunire but not to partake any of the Profits of the Bishoprick of the Diocess But our Bishops like none of this although heretofore used which Act being repealed by Queen Mary was revived in 1. Eliz. 1. by name and is still in force Therefore in stead of twenty six Bishops to desire fifty two is no Puritanical request but a legal and just demand For there are so many allowed by Law already Yea if two hundred Bishops should be setled in England they would be too few to execute all the duties which by the Word are incumbent on a Bishop And verily we are perswaded in Conscience that this must be done if there be any due care of Souls by such as have power to do it if Episcopacy be again set up in England And we speak thus because we apprehend that by Act of Parliament all their power and jurisdiction is absolutely taken away and therefore by consequent the Office it self although the Ordinance of both Houses of Parliament of October 9. 1646. had never been For when their power of Jurisdiction is gone for ever what of the Office of a Bishop as such remaineth This was the sense of both Houses of Parliament as appears by that Ordinance which makes all their Grants since 17. Car. 1. to be null and void because their Office then expired If it shall be thought fit to set up Episcopacy again We most humbly pray that it may be no other but that Primitive Episcopacy agreeable to the Apostles rules in that form method and power mentioned in the Book of Reduction of Episcopacy composed and published in the year 1641. by Dr. James Vsher late Archbishop of Armagh always provided that there be such a competent number of Bishops set up as may be able faithfully and profitably to discharge the Office of