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	church_n	holy_a	1,581	5	5.0266	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A36083	A discourse concerning excommunication, as executed by officials, and concerning the common law writts, de excommunicato capiendo and de cautione admittenda, for the punishment of persons excommunicated and their deliverance from the punishment vvherin is examined whether the execution of the former as executed by many, be not a profanation of a great ordinance of God, whether by the second the subjects is many cases be not unwarrantably oppressed : as also by the difficult granting of the other, which is a common law writt, and the right of every subject to be obtained without difficulty : discoursed in a letter to an honourable friend / by one who is a friend to English liberty.	One who is a friend to English liberty.	1680 (1680)	Wing D1579; ESTC R6708	18,986	26

if he be kept there on no other account Our forefathers ordained that both these Writts might be had with sicut alias pluries and not resting here ordered an Attachment against the Sheriff in case he refused to yield obedience to the VVritt which Attachment is in the Register thus The King to His Coroners in the County of K. Greeting If W. of W. Clerk c. Causeth you c. Then put c. W. the High Sheriff of our County aforesaid to give security that he shall be before us such a day to shew Cause why whereas we lately commanded the body of the aforesaid William to be Imprisoned according to the custom of England upon the Bishop of Ely his denunciation of him as Excommunicate and contemning the Authority of the Church until he should satisfie the Holy Church c. and we hearing that although the aforesaid W. often offered the Bishop fitting Caution c. yet he hath refused to accept it by reason of which we often commanded him our High Sheriff aforesaid in person to go to the said Bishop c. and that he should command the said A. to be delivered or signifie the cause to us why he disobeyed our commands c. or to appear before us c. and there to have our VVritt directed unto him yet the High Sheriff aforesaid despising our Command to do the premises or at least give us a reason why he would not or could not Execute the same or appear before us the day aforesaid and regarded not to make return of our VVritt as we hear to the manifest contempt both of us and our Commands aforesaid and the no small dammage and oppression of the said W. And we command you that you taking a fitting caution of the said W. for his obeying the Commands of the Church according to Law and deliver him from the Prison aforesaid if he be there detained upon that and no other account This Sir is the known Law of England in the case of persons so imprisoned nor is it possible any English Liberty should be more fortified But Sir My Lord Chancellor Hide to whom we are beholden for more of this nature then this by what Authority I cannot tell turned this VVritt of Common Justice to be granted readily and of course into a Writt of Discretion making an Order That it should not be granted but upon a Petition first offered for as to him or the Successive Lord Chancellors or Lord Keepers which Petition he took a liberty to grant or not to grant as he pleased VVe were beholden to him that he did not put the like restraint upon all other VVritts of Common Justice for he might have done it by the like Authority Hence this Writt is not gained but with great charge and difficulty I mean the first VVritt to the Bishop With what Justice this is done Sir I leave to you to determine When it is granted some Bishops have taken themselves to be at liberty whether to Obey it or no. Some have utterly refused it with the expression of great anger and threatning Persons that they should seek to come out of Prison that way that is by an established Common Law Writt Yet all that these men have to say against the Non-conformists is their not obeying the Law and what Law can be plainer then this or more strong and just When the Bishop hath thus refused which hath been often I beseech you Sir inquire what success they have had who have moved for the Second Writt to the High Sheriff It hath been often moved for I beseech you Sir inquire what the reason is that all His Majesties Subjects cannot obtain these Writts of Common Justice from Cursitors Why the VVritt de Excom capiendo flies about so freely and the VVritt de Cautione admittendâ is got so difficultly when the latter is as good Law and as much the demanders right as the former and the latter is for the Liberty of the Subjects person which all the Law of England highly favours and the former is for the restraint of it If Sir till a Statute can be obtained to procure good mens Liberty from an old Popish VVritt the Law must have its course on that hand I pray let it have its course on the other hand also and let us not have the Liberty of our persons at the mercy of every Register that wants Money Sir I would not be mistaken I very well know that in such Chancellours Court in the Court of the Arches and Delegates c. many great and weighty causes of great and momentous natures are heard and they at present have no engine no method of Law but by way of Excomunication prescribed to force the appearance of persons to answer charges or to force an obedience to their decrees I have nothing to doe to direct my Soveraign or a Parliament by what Courts or Judges such or such causes shall be tryed be they by whom his Majesty and his Parliament please nor is it reasonable that they should be without a Coercive power both for appearance at their commands and obedience to their Decrees Your Honourable Assembly knows how to reach them out a sword fit for their use though they take not this which God hath laid up as Sacred in his Sanctuary In our Common-Law there is Judgment by default in our little Courts there are Amerciaments In the High Court of Chauncery there is an Attachment and then a Writ of Rebellion May it please you Sir to put any of these swords into their hands But oh forbear this edged toole which wounds both soul and body and is not to be used but by them to whom and against them whom and in the manner wherein our Common Lord hath said smite and what you bind on Earth shall be bound in Heaven I beg your pardon for so long a letter I should truly judge it tedious were it not upon an unusual subject and where the matter led me to it and did I not know your great zeal for the Glory of God the Subjects just Liberty and your compassion for many persons and families already undone and every day undoing if your Honourable Assembly cometh not seasonably in to their rescue Humbly committing them Sir together with your Honourable Assembly to the God of all Order and Government and the fountain of all wisdom I take my leave and rest Sir c. FINIS

from the enjoyment of the means of Salvation but Christ who is the Lord of the Church Which being granted the true notion of excommunication is this It is a power granted by Christ to his Church to remove lewd Persons or such as are Heretical and are pertinacious in their lewd opinions and practices from the Communion of the Church in the holy Sacraments and the fellowship of Christians till they reform Which exactly agreeth with the notion of it given us in these words by Arch-Bishop Cranmer and other of our first Reformers in their Book called Reformatio Legum Ecclesiasticarum De Excommun cap. 1. Excommunicatio potestas est authoritas ad Ecclesiam a Deo profecta quae facinorosas personas vel de religione nostra corrupte sentientes ad suam improbitatem adhaerescentes a perceptione Sacramentorum Reform Leg. Eccles Ed. 1641. p. 159. etiam Chhristianorum fratrum usu tantisper summovet donec sensus sanos recollegerint salutarium cogitationum apta signa dederint poenas etiam ecclesiasticas subierint quibus ferocia carnis comprimitur ut spiritus salvus fiat Excommunication being thus universally agreed to be a Divine Institution it must as to the use of it be regulated by the Divine Rule None can Excommunicate but those who are by Christ thereunto appointed None ought to be Excommunicated but by warrant from the word of God and Excommunication must proceed with that gravity and leisure which the same word hath directed And every one seeth that where any thing of this nature is done otherwise It is an horrible profanation of the Ordinance of God and a woful abuse of a power which none but God could give unto any That this power is given to the Church from Christ is agreed on all hands Whether it resteth in the whole Church or in the Governours of the Church is the onely question here That this power according to the institution of Christ belongs to the whole particular Church to whom the offender relateth is to me as clear as the light According to the Primitive direction Matth. 18. If he would not hear the Church he was to be us an heathen and a publican The Apostle speaks to the whole Church at Corinth 1 Cor. 5. 4. That in the name of the Lord Jesus when they were gathered together and his spirit with the power of the Lord Jesus Christ they should deliver such a one to Satan and Excommunication being not only a seclusion of the party from the enjoyment of Ordinances but from the intimate Communion of the Members of the Church It is very absurd for Officers in a Church to think of secluding any from the communion of those who will yet have fellowship and communion with them and consonant to this was the Judgment of the Ancient Church t●at none ought to be excommunicated dissentiente plebe without the consent of the people from whose communion he was to be secluded And without doubt as to the Major Excommunication it is the most rational thing imaginable and our first Reformers in the aforementioned Book called Reformatio legum Eccles pag. 161. cap. 6. on this subject saith Totius Ecclesiae consonsus quanquam optabilis esset That the consent of the whole Church is desireable but because it can very hardly be procured they ordain as there followeth That no one person should exercise this power c. but that the Archbishop or Bishop or some other lawful Judge with a Justice of the Peace and the proper Minister of the place where the party accused dwelleth or some other appointed by him and two or three other Religious Ministers should meet in whose presence after a due and full handling and weighing the cause the party should be Excommunicated Some will have Excommunic●tion the Act of the whole Church onely denounced by the Minister Others will have it the Act of the Presbytery or Governours of the Church Others who fix the Government in Bishops will have it the Act of the Bishop but our Primitive Reformers would not have him doe it but with a Justice of the Peace the Minister of the place and two or three other grave Ministers who all together should hear examine and ponder the cause and agree the person deserving such a punishment which they might then Decree and the Minister of the place might Publish It being an institution of Christs it ought also to be denounced against none but such onely as he hath in his word appointed it for which is not onely determinable from the letter of Scripture but from reason concluding from the End of the Institution In the letter of Scripture there is no pretence for Excommunication of any but for such crimes as shut a man without Repentance out of the kingdom of God those are either damnable Heresies according to St. Pauls direction to Titus Chap. 3. v. 10. An Heretick after the first and second admonition reject and the example of St. Paul 1 Tim. 1. 20. who delivered up to Satan Hymeneus and Philetus having made shipwrack of Faith Or lewd and vile practices for which we have a president in the incestuous person mentioned 1 Cor. 5. and conform to this hath been the constant judgment of the Church and our aforementioned Reformers in the book and place aforementioned determine that they must be personae facinorosae de Religione nostra corrupte sentientes ad suam improbitatem adhaerescentes Leud persons corrupt in their sentiments of Religion pertinaciously adhering to them and yet more plainly in their third Chapter which I shall Translate Excommunication ought not say they to be used in minute offences but upon atrocious horrible crimes when the Church is grievously scandalized either because Religion is overthrown or good manners perverted by them of this sort are those of which St. Paul saith that those who do such things shall not enter into the Kingdom of God or shall not inherit the Kingdom of God or because of those things the wrath of God cometh upon the children of disobedience These horrible wickednesses ought to be punished by Excommunication so as they who are guilty of them shall be thus punished unless they in time reform and when they are admonished withdraw themselves from these courses and be willing to satisfie the Church for the dammage it hath sustained from their offences for Excommunication is not to be used but when men have hardned themselves in their wickednesses which happeneth two wayes either when being call'd to answer for such offences they will not appear or if they do appear they will not obey the admonitions of Judges This was the opinion of holy Cranmer and Taylor two of our blessed Martyrs and those other good and learned men that lived in King Edwards dayes in the very beginning of the Reformation and were known to be none that could be justly called Presbyterians by any who understand what Presbyterians are Besides this is evident from the end of

heard what he or his Council can say in his own defence but in these cases the Magistrate commands a person to be imprisoned and ruined and neither doth nor may hear any thing of his cause It is true at our Assizes and Sessions Malefactors are condemned to be whipt branded imprisoned hanged but the Sheriff who is to be the Executioner of these sentences hath his place there and a liberty to hear the persons case tryed and he doth hear the case argued so as that he is or may be convinced the person deserveth such a punishment which done as a Minister of God and of Justice he may proceed with a conscience not rebuking him But in these cases the Civil Magistrate hath no such liberty but proceeding upon the credit of the Official and his supposed justice and honesty 4. I cannot discern a figleaf to cover the nakedness of this but what is usually objected That this is according to Law The meaning of which is no more then this That this hath been a custom in England and there is a Common law writ in this case formed by Judges in Popish-times and not since corrected by Act of Parliament If this plea be good we have reason to bless God that we were not burnt at stakes before the writ de combu●endis Haereticis was by the last Parliament annulled there was then as much law for that as for this But is it to be wondered that while the Nation was enslaved to the Pope such things should be A Magistrate under Popery is but the Popes slave and Executioner If a Magistrate would not do what the Church as they call'd it commanded he was Excommunicated his Nation interdicted no Priests durst perform any divine Offices in that unholy ground and no sooner is a Prince Excommunicated by them but every subject is by them made a Traitor authorised to poyson stabb shoot him or to rise up in Rebellion against him and all his neighbour Princes are armed with what authority the Pope can give them to invade him and despoil him of his Dominions Now that magistrates under these circumstances should have temptations to burn and hang and imprison men never knowing why or whether they were any way guilty of any thing worthy of any such death or bonds is no way to be admired But that in a Protestant Countrey where Magistrates are under no such temptations to fear such things should be done is matter of just admiration and no Magistrate ought to punish persons under pretence of an usage and custome so to do before they be satisfied that they have deserved such a punishment 5. But further Sir Admit That the practice hath been Law as they call it that is a custom in England time out of mind and that it is law that is that there is such a Writ still may be had from Cursitors This custom had never been continued after the Reformation had not King Hen. 8. and K. Edw. 6. both dyed before they had perfected what by Act of Parliament they were to doe and had began to doe as appears by the Epistle of Hen. 8. and the Letters Pattents of Edw. 6. prefixed to the book Entituled Reformatio legum Ecclesiasticarum It is true as it may appear from the 13 chap. of that Book persons that stood Excomunicated 40 dayes should have been imprisoned But therefore none was to be Excommunicated but a Civil Magistrate as well as the Bishop c. was to hear his cause and if any Judge Excomunicated any unless for such notorious crimes as are mentioned chap. 3. and with such deliberation as is mentioned chap. 4. himself as appears chap. 8. was not for a months space to enter into Church unless to receive the Commuinion The Superiour was to relieve the person so injured to annul the Excommunication and the Judge that so Excommunicated was to pay all the charges and further punished at the pleasure of the Superiour Judge That say they Judges may be afraid of bringing persons into so great calamity without a most weighty cause And may not such a custom be rescinded by a Statute law have not many old Popish Customes been so abolished Is there not reason sufficient are not the cryes of people in all corners of the Nation against it Is there not in the skirts of it great quantities of the blood of Innocents Have there not within these late years been more presidents then ever before of most unrighteous Excommunications were there ever before 100 in one place 5 or 600 in another decreed Excommunicated whose greatest crime whatever is pretended was their giving free Suffrages for Members to serve in Parliament Let Sir I beseech you the cry of the oppressed come before you for your God doth not despise it Let the honour of Magistracy be valued by you let them no longer be mere blind Executioners of the lusts and malice of men and vindicators of the illegal and impious actions of others There is no Sober man in these Nations but dreadeth Excommunication duly administred and applyed because of the authority of God in it But they must then see it used onely against the enemies of God Drunkards Vnclean persons Cursers Swearers Hereticks Idolaters Perjured persons Blaspemers c. and applyed to them by grave and holy Bishops and Ministers before it once and again labouring to convince them of their sin from the word of God and advising them to reform and waiting for their Reformation and at last with grief and tenderness with gravity and seriousness proceeding to so dreadful a sentence How forcible are such right words but what or whom have our arguings of that nature reproved who will who can believe that is bound in heaven which by these hands and for these causes and in this slighty and praecipitant manner is bound on Earth But Sir there is yet one thing more in this case which I must crave leave to offer to your Deliberation 3 Qu. Whether the Writ de Cautione admittenda being almost the onely Writ for the relief of persons imprisoned upon the Writ de Excommunicato capiendo hath its free course yea or no The tenderness of our forefathers for the liberty of the Subjects person is obvious to every one who hath the least knowledge of the Law of England If a man be unduly imprisoned he may relieve himself 1. By Action upon Magna Charta which provideth that none shall be imprisoned but upon the judgment of his Peers or by the Law of the Land 2. By the Writ de Odio Atia 3. By the Writ de Homine Replegiando 4. By a Writ of Habeas Corpus Supersedeas Prohibition c. in diverse causes But because by an old custom persons imprisoned at the Churchs desire were not Bailable There was a particular Writ devised for their relief For our forefathers never intended the Subjects should lye at the Officials mercy The old Law therefore provided that persons so imprisoned sending to the Bishop and