Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	bishop_n	canon_n	council_n	2,327	5	7.3000	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A66733	The law of laws, or, The excellencie of the civil law above all humane laws whatsoever by Sir Robert Wiseman ... ; together with a discourse concerning the oath ex officio and canonical purgation.	Wiseman, Robert, Sir, 1613-1684.; Lake, Edward, Sir, 1596 or 7-1674.	1664 (1664)	Wing W3113A; ESTC R33680	273,497	368

from such shifts of answering dangerous questions propounded to them by Heathen Magistrates or from answering untruths to them Tertullian is herein very plentiful especially in his book called Apologeticon A Christian saith he if he be indicted or denounced to the Magistrate be rejoyceth in it if he be accused he propoundeth no defence when he is interrogated he mostwillingly confesseth and when he is condemned he giveth them or God thanks Tertul. in Apol. c. 1. And much more hath Tertullian to this purpose St. Aug. serm 28. de verbo Apost cap. 6. Augustine doth plainly establish and allow of Oaths taken concerning a mans open offences being indeed such also in their own nature If perhaps saith he thine Oath he urged meaning a Decisory oath be exacted of thee by a private person say not I will not swear for it cometh of evil which though doest but yet of his evil that exacteth it of thee insomuch as though hast no other means but thine oath to purge and clear thy self of the matter in handling Aug. bid c. 10. In another place he speaks and allows of oaths taken in way of purgation of one suspected for theft and in another place he sayes and approves of the same practice at Millain Aug. ep 137. this was in a civil cause criminally moved and for theft a crime though not simply capital by the Civil Laws In another place In denouncing others saith he Aug. in qu. Lev. speaking of Denunciation of faults to the Magistrate this moderation is alwayes to be used by us that we relate it unto such which may rather help than hurt him in case the party shall swear falsly either by correcting him or by deprecation to God for him so that he will by confessing his fault apply this remedy unto himself Chrys hom 16. ad pop Antioc St. Chrysostom alloweth of Decisory Oaths or Wagers of Law and testifieth that such necessary oaths were in those times imposed to exact mens confessions and whether they had stollen some certain thing or not This he allowes touching meer crimes in their own nature and that upon the instance of a Plaintiff particularly interested but in his goods and chattels This kind of oath was not onely allowed in the old Church but commanded to be put in use as lawful and consonant unto Gods Word against persons convented and had in suspicion even in one Church which the most and hottest oppugners of this oath do reckon to be best yea and almost the onely Reformation that may rightly be so called For in the Discipline of France concluded of in the national Synod there 1559 1561 1563 1565. it was thus declared The faithful may be constrained by the Consistory to tell the truth so far forth as it derogateth nothing from the authority of the Magistrate They may be constreined The Ecclesiastical Senate or Consistory act 12. say they but there is no compulsion but either Civil which they will not arrogate to themselves as torture or racking imprisoning or fining c. or else by the parties oath which upon pain of Perjury if he once swear or of conviction if he will not doth as it were constrein a man to say truth And that an Oath is meant by the Canon of the French Church we are taught both by the History of Camperell a French Minister at Geneva as also by that of those who danced in Widow Balthazar 's house there Camperell was appointed by the Consistory of Elders there Inter epist Calvin in folio pag. 421 422. to be examined upon his Oath upon certain Interrogatories whereof also two concerned what he had in his very purpose and intention of mind Calvin Farello pag. 64. epist in folio The Dancers because at first they denyed it were put to their corporal oaths to declare the whole truth of that merriment And all dancing there is held as an offence and grievous crime as appears by the Ordinances of Geneva and by the very last frame of Discipline concluded 1571. by the French Churches For Purgation Canonical as it was used in the Ecclesiastical Courts of this Kingdom in a word 't is the same in these Courts in a criminal cause as at Common Law a Wager of Law is in a civil cause differs no more then thus this is touching our Lands or goods that touching our Good name and Credit It is so far from being condemned by good and godly Bishops in ancient times that by whole Councils it hath been prescribed Let a Lay-man saith one Council Concil Tribur canon 21. if need be purge himself by his Oath and let a Priest by the consecration of the holy Sacrament be interrogated And another Council thus Let a Priest if he can purge himself of the crime with seven of his Order and a Deacon with three Ivo lib. 5. ex concil Agath So was it decreed by a third Council If a Priest or Minister be infamed amongst his charge and it cannot be proved before the Bishop by witness let him be suspended untill be perform due satisfaction lest the faithful people be scandalized But as our Elders have taught then is the satisfaction due and orderly when according to the Canons or as the Bishops shall judge fit be joyneth unto him seven Compurgators and swears by the holy Gospel laid afore him that he hath not committed the crime laid unto him When he is thus purged then let him again freely execute his office Ivo ibid. ex concil Herden And in another Council we find Purgation prescribed for theft and also for Adultery Concil Worm and according to the prescriptions of these Canons and many others that might be alledged examples of sundry ancient Bishops in the Church that have themselves made their own Purgation for avoiding and removing scandal and offence Sixtus the third and ancient Bishop of Rome 12 qu. 4. c. Mandastis but upon the accusation of one Bassus did willingly make his Purgation upon his oath in a Council And so did Leo Ivo Carn l. 5. another ancient Bishop of the same See purge himself with twelve Bishops Gregory the Great enjoyned unto * Greg. ep 23. ad Iustin Presb. Leo † Id. ep 8. l. 2. Memius and * Id. ep 8. l. 7. ep 79. Maximus three Bishops to clear and purge themselves of several crimes by their oaths whereof the last was for Simony Innocentius also caused the Bishop of Trent to purge himself likewise of the like crime of Simony And what be the Oaths touching Goods stollen or imbezelled which were left with a man upon trust appointed in Exodus Exod. 22.7 8. and those in Salomons Prayer at the Dedication of the Temple other than oaths of Purgation of a crime 2 Kings 8.31 imposed by the party having an interest Lev. 6.2 Likewise the oaths mentioned in Leviticus concerning goods denyed that are pretended to have been left in deposito

legi Ad recognitiones vel sacramenta praestanda Recognitionem item facere non significare testimonium perhibere vel respondere in jure sed debitum agnoscere fateri vel placita de Catalogis vel debitis tenere Juramentum ex officio in foris illis ut in aliis ex omni memoria fuisse exactum ad simoniam adulterium alia tenebrarum opera rimanda praesertim cum Insinuatio ut loquuntur fuerit clamosa Et quamvis nemo teneatur seipsum prodere tamen per famam proditum teneri oftendere utrum possit suam innocentiam defendere seipsum purgare quandoquidem poenitentia imposita non sit poena sed medicina ad peccatores curandos alios à peccato deterrendos scandalum tollendum juxta illud in Sacris Literis Pro anima tua ne confundaris dicere verum Est enim confusio adducens peccatum confusio adducens gloriam gratiam Sed qui de hiis immoror quum dissertationes Richardi Cosini Legum Doctoris Johannis Morrisii Lanceloti Andrewes eruditae hac de re utrinque praestent Regina haud ignara suam authoritatem per Episcoporum latera in hoc negotio peti adversantium impetus tacite infregit Ecclesiasticam Jurisdictionem illaesam conservavit That is Not onely these speaking of Hackett and his Complices but others also who had hitherto though in vain impugned the received Discipline of the Church of England by condemning the calling of Bishops and contumeliously slandering the Praelates having now drawn into their party some Common-Lawyers sharpned both their Tongues and Pens against their Jurisdiction and the Authority which the Queen delegated in Ecclesiasticall Causes as altogether unjust declaiming every where even in Books published that men were unworthily oppressed in the Ecclesiasticall Courts contrary to the Lawes of the Kingdom That the Queen could not by Law delegate such kinde of Authority nor others to whom it was delegated could exercise it That these Courts could not require the Oath ex officio from the defendent party when as no man is bound to accuse himself That Oath precipitates men to condemn themselves with ignominious confusion or into wilful perjury to the destruction of their Souls Besides they ought not to hold cognizance of any other causes then Matrimoniall and Testamentary according to that old Mandate of Rescript We command our Sheriff of our Counties of S. N. c. that they suffer not any in their Balive to come together in any places to make any Recognizances upon their Oaths but in Matrimoniall and Testamentary causes On the other side the Professors of the Ecclesiasticall Lawes maintain'd the Royall Authority in Causes Ecclesiasticall as vested in the Queen by Authority of Parliament To oppose this was nothing else then to offer violence to Royall Majesty and violating the Oath of obedience to insult over the Sacred Prerogative Royall The Ecclesiasticall Courts may hold cognizance of other Causes then Matrimoniall and Testamentary by the Statute of Circumspecte agatis and Artiouli Cleri in the time of Edward the first as they made it appeare That Rescript or Law which they produc'd was suspected because it was incertain for the time and is variously read Elsewhere I have read it To perform Recognisances and Oaths and to make recognition or recognizance doth not signifie to give testimony or to answer in Law but to acknowledge and confesse a debt or to hold plea of Inventaries or Debts That the Oath ex officio hath time out of mind been given in these Courts as in others to sift out Simonie Adultery and other works of darkness especially when the Insinuation as they call it becomes loud And though no man is bound to betray himself yet being betrayed by fame he is bound to shew himself whether he can defend his innocence and purge himself seeing the penance enjoyned is not a punishment but a medicine to cure sinners and to deter others from sinning and to take away scandall according to that in Scripture Be not confounded in speaking truth for thy souls sake for there is a confusion that brings sin and there is a confusion that brings glory and grace But what do I dwelling upon these things when the Learned discourses hereupon on both sides are extant of Richard Cosin Doctor of the Lawes and John Morris and Lancelot Andrewes The Queen not ignorant that Her Authority was in this business struck at through the sides of the Bishops tacitely crusn'd the violence of the Adversaries and conserv'd the Ecclesiasticall Jurisdiction inviolate Thus in a few words he summes up part of them marrow of these Learned dissertations and gives his sound judgement thereupon But still they went on in their design in which I believe they will ever be found immoveable We have had sufficient experience that way at what they aime and that there is no hope of bending without breaking too In their admonition to the Parliament in that Queens Reign they tell us to this effect at least that if they cannot have what they desire by fair meanes they will have it by a way shall make our hearts ake and I think they have indifferently well made their words good Yet blessed be God we are delivered again from them god give us care to beware of them and not to fall again into their snares by those blessed Titles of Mercy and Moderation heavenly good surely if rightly applied Let us but contemplate our fresh miseries and the murther of our blessed King and Martyr King Charles the First and his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 't is well to be hoped 't will prove as much or more effectual then the Pages Memento to Philip of Macedon in another case These men for they were all of the same Leaven still persisted in their design all along the Reign of Queen Elizabeth and upon King James his coming in thinking upon that change to have wrought something extraordinary upon a Prince that had a great access of Dominion and probably at his entrance would endeavour to satisfie all or most so far as with reason it could be expected and to ingratiate himself as far as fitting with his new Subjects But it was our happiness though his trouble and vexation that he was well acquainted with the factious and seditious humours of that gang in Scotland with whom and ours here of the same mould I believe ever was and will be a correspondence and co-operation Ex virids observantia this is too demonstrable They then set upon King Iames with their most humble Petition called The Lincoln-shire Ministers Petition perhaps denominatio à majori it was a complication of many parts there they desire favour for tender Consciences and thereupon was the Conference at Hampton-Court granted where their Reasons were as it were brayed in a Mortar and they or most of them seem'd satisfied but many of them at least soon returned to their vomit In that Petition they promise all obedience

plagues wherewith Almighty God may justly punish his people for neglecting this good and wholsome Law Who would think had we not sadly felt their designs that the great Magnifiers of Parliaments for which I discommend them not so they keep within due compass would have been so bitter against those that acted but according to these strict Parliamentary charges CHAP. III. The Heads of the several Chapters in that Apologie of Doctor Cosens Part 1. C. 1. THE particular distribution of causes proved to be of Ecclesiastical cognizance besides Testamentary and Matrimonial With a discourse of C. 2. Bishops Certificates against persons excommunicated being a special point of their voluntary Jurisdiction where there is no party that prosecuteth C. 3. That matters in the former Chapter adjoyned to Testamentary and Matrimonial causes though properly they be not of Testament or Matrimony are of Ecclesiastical cognizance and how far C. 4. General proofs out of Statutes that sundry other causes besides Testamentary and Matrimonial are of Ecclesiastical cognizance C. 5. That Suits for Tithes of Benefices upon voidance or spoliation likewise that Suits for Tithes Oblations Mortuaries and Pensions Procurations c. are of Ecclesiastical Jurisdiction is proved by Statutes especially C. 6. That Suits for right of Tithes belong to the Ecclesiastical Jurisdiction and how far is shewed out of the books and Reports of the Common Law so of places of Burial and Church-yards and of Pensions Mortuaries Oblations c. C. 7. Of right to have a Curate and of Contributions to Reparations and to other things required in Churches C. 8. Proofs in general that sundry crimes and offences are punishable by Ecclesiastical Jurisdiction and namely Idolatry Heresie Perjury or Laesio fidei and how far the last of these is there to be corrected also of disturbance of Divine Service or not frequenting of it and neglect of the Sacraments C. 9. That Simony Usury Defamation or Slander beating of a Clerk Sacrilege Brawling or Fighting in Church or Church-yard Dilapidations or waste of an Ecclesiastical Living and all Incontinency are punishable by Ecclesiastical authority and how far C. 10. Several other matters reckoned in this tenth Chapter as ordeining of real Compositions and disannulling of them suspension ab ingressu Ecclesiae c. Interdiction of a Church Sequestration Excommunication Parish-Clerks fees Goods due to a Church deteined Blasphemy Idolatry Apostasie from Christianity violation and prophanation of the Sabbath Subornation of Perjury Attestation of a womans chastity Drunkenness filthy speech violation of a Sequestration or Induction hindering and disturbance to carry away Tithes enjoyning of Penance corporal contempt of obeying the Decrees of the Ecclesiastical Judge Fees due in Ecclesiastical Courts Curates and Clerks wages Forgery in an Ecclesiastical matter as of Letters Testimonial of Orders of Institution burying of excommunicate persons communicating with excommunicate persons frequenters of Conventicles digging up of Corps buried and generally for any matter Ecclesiastical indefinitely by the Articuli cleri may be cited All these are of Ecclesiastical Jurisdiction and proofs that any Subjeet Lay or other may be cited in any cause Ecclesiastical C. 11. That Lay-men may be cited and urged to take Oaths in other causes then Testamentary and Matrimonial C. 12. The grounds of the opinions to the contrary examined and confuted C. 13. That judgment of Heresie still remaineth at the Common Law in Judges Ecclesiastical and that the Proviso touching Heresie in the Statute 1 Eliz. 1. is onely spoken of Ecclesiastical Commissioners thereby authorized C. 14. That by the Statute Her Majesty may commit authority and they may take and use for Ecclesiastical causes Attachments Imprisonments and Fines Herein he writes also how the Law was at that time C. 15. That an Ecclesiastical person may be deprived of his Benefice without indictment or prosecution of party C. 16. That after forty dayes an excommunicate person may be otherwise punished then upon the Writ De Excommunicato capiendo and that the said Writ may and ought to be awarded upon contempts arising on other causes Ecclesiastical then any of those ten crimes mentioned in the Statute 5 Eliz. 23. C. 17. Of a Prohibition what it is where it lyeth not and where it doth and how it ceaseth by a Consultation and of the Writ of Indicavit C. 18. An Analysis or unfolding of the two special Statutes touching Praemunire with sundry questions and doubts about that matter requiring more grave resolution Then in the second part of his Apology the Doctor sets forth his Proofs together with his Answers to the objections made against the manner of practice of Jurisdiction Ecclesiastical by those that oppugn it C. 1. Of the distinction of Offences and several kinds and ends in punishing them with the necessity of punishments C. 2. Of two sorts of prosecution of crimes and offences viz. by a party and of office the practice of them in Scripture and in the several Courts of this Realm C. 3. Of the sundry kinds of objecting crimes by a party mentioned in the Civil Law as by reason of a mans publick charge and function also by way of Exception Supplication Complaint Delation and Accusation The true signification of the word Accusatio its divers acceptions definition and exposition thereof with some reason of the frequency of Accusation in Courts of the Civil Laws in former times is also declared C. 4. That the prosecution of crimes by way of Accusation is in most places forbidden or grown into disuse The reasons hereof be partly the danger to the Accusers and partly the hatefulness of that course Therein also is disputed whether all Accusation be unlawful and certain points delivered to be observed by all them that will accuse others C. 5. Of the several acceptions of the word Officium the signification of the words Inquisitio Questio crimina ordinaria extraordinaria the reason why enquiry by office came in place of Accusation Of Enquiry in general and special of Enquiry special Ex officio nobili sive mero mixto promoto and of the privileges of proceeding ex mero officio above the other C. 6. Of Denunciation a special means of stirring up the office of the manifold use thereof on the other side the Sea The general acception of that word and of four kinds of Denunciation how they differ one from another what is required in them and when a Denouncer is to be condemned or excused of expences and what course of dealing against crimes and offences is holden both in Courts of the Ecclesiastical Commission and in ordinary Courts Ecclesiastical of this Realm C. 7. That the Civil and Canon Laws allow sundry means to ground a special Enquiry of office against a crime besides Accusation and Presentment therein is also conteined an Answer to a supposed Rule and declared how from general they descend to special Enquiry And that besides those two either a fame or clamosa insinuatio or private judicial Denunciation or Canonical Denunciation