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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	bishop_n	church_n	jurisdiction_n	1,454	5	9.1354	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34480	Jura cleri, or, An apology for the rights of the long-despised clergy proving out of antient and modern records that the conferring of revenues, honours, titles, priviledges, and jurisdiction upon ecclesiasticks is consistent with Scripture, agreeable to the purest primitive times, and justified by the vsance and practce of all nations / by Philo-Basileus Philo-Clerus.	Philo-Basileus Philo-Clerus.	1661 (1661)	Wing C612; ESTC R23895	70,115	98

been imbraced without any contradiction and not have been reproved by so many Eminent Worthies just escaped out of the flames of persecution the School of Holinesse T is more than probable then that by virtue of the Apostolical precept of ending suits among themselves to prevent scandal it being the main imployment of the Ministery to make peace between those that are at variance in the Primitive times the whole management of differences was entrusted to the Clergy as being persons of the greatest sincerity and ability Now Constantine at his entrance upon the Government finding it so wisely considered how much the Authority and Reverence of Religion did conduce to the expediting of Causes and discovery of captious actions For this was not done unadvisedly sundry weighty reasons being subjoyned as will appear if the Laws be perused As first because t was hoped it would tend much to allay the heat of wrangling choak the malicious seeds of contentions 2ly Because the Judgments of Bishops were lookt upon as true uncorrupted and piercing whereby the Sophistry tricks and shifts of the Law might be prevented and poor men entangled in the tedious lasting snares of vexatious actions might have a speedy issue put to their affairs Now the good Emperour conceived they might well be intrusted with his own most important Negotiations and his Subjects estates to whom God had committed the care of their precious Souls therefore upon these prudential considerations being satisfied in the usefulnesse and integrity of Spiritual persons he made their Jurisdiction Authentick giving it the Royal stamp allowing no appeal from the sentence of the Bishops but making it as conclusive as his own leaving it free to any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Zozom L. 1. c. 9. Niceph. L. 7. c. 46. who adds that this priviledge lasted to his time under Andronicus A. 1300. Valens and Valentiman A. 365. enlarged it and entrusted them with the rate of Commodities sold in the * Cod. Leg. 1. de Ep. Aud. Tit. 7. Markets But their Jurisdiction has been in several Ages very various sometimes encreased sometimes clipt as the Emperours were more or lesse favourable to the Church who ever kept the Soveraignty in their own hands Constantine was then the first that passed the Royall Grant in favour of the Clergy permitting the cognizance of all civil matters even between Laymen to the Episcopal Tribunal if either Party did require it though the other denied his consent and their appeal was to be obeyed by all the Magistrates whenever made though the action was already commenced in another Court Arcadius and Honorius did a little retrench this unlimited power yet still allowing it by the joynt consent of both parties and making the Bishops as t were Referees L. siquis ex consensu c. de Audientiâ Episcopal and their decision to be binding and final without any appeal This was afterwards ratified by Theodosius and Justinian l. Episc c. eodem Nay Justinian reposed so much confidence in them that he made them Overseers of the Secular Judges Novel Const 56. This then has been the avowed Catholick Practise of all ages and Nations where the Gospel has gaind footing For the greatest enemies the Church had could never yet deny but that the Bishops have had their Tribunals for above these 1300 years erected by Constantine confirmed by Arcadius and Honorius Theodosius and Valentinian 3 Only some curiously mince the matter and allow them power to hear Causes and to become Referees and Umpires by consent of both Parties but yet they will not hear talk of any coercive Jurisdiction though many Eminent Civilians attribute it to them and Accursius interprets Audientia Episcopalis a tearm frequent in the Code by Jurisdictio Nay t is evident there was no Case whatsoever except only Capital for Ecclesia sanguinis Iudicium non profert but might be decided by the Episcopal Tribunal and Constantine forbad the Greatest Prince in the Empire to revoke what once the Bishops had decreed Euseb Vit. Const L. 4. c. 27. In processe of time the Magistrate having encroached upon and almost outed the Clergy Charles the Great revives that good old Law of Constantine confirming the same Jurisdiction to all Bishops repeating the Charter word for word Car. Mag. in Capit. l. 6. c. 28. And here methinks this very name fills me with hopes that Charles's are born for the good of the poor oppressed Church and that God hath miraculously raised up to us as true a Nursing Father as ever bare that name or our Island produced And truly who can expect lesse from the Son of such a Father who dyed the Church's Nay the Clergies Martyr for if he could have dispensed with his Conscience and Coronation Oath to sacrifice them and their Revenues to the coveruous fury of a prevailing Adversary the 30. of Jan. need not have been noted with such Black Letters in our Brittish Almanacks CHAP. III. The Ancient Vnion of Spiritual and Civil Courts in this Island Corruptions no sufficient Argument for their utter Subversion Replies to sundry Objections from the example of Christ the Apostles and Primitive Christians THe exercise of Jurisdiction by the Clergy in this Nation may be deduced out of the best Records extant from the time the Gospel was publickly owned among us There 's nothing more frequent in our English Annals then Ecclesiastical Spiritual and Christian Courts I shall not multiply proofs but content my self with two the first out of Brompton where amongst the old Laws of Ethelstan we read Chron. Joh. Brompton c. 24 Episcopo jure pertinet omnem rectitudinem promovere Dei viz. saeculi debent Episcopi cum seculi judicibus interesse judiciis And the ordering of all measures and weights in each respective Diocess is there made of Episcopal Cognizance the Standard being left in the Bishops hands The next is of Spelman Comes praesidebat foro Comitatus non solus sed adjunctus Episcopo ut Alter alteri auxilio esset consitio praesertim Episcopus Comiti nam in hunc illi animadvertere saepe licuit errartem cohibere Gloss v. Comes So much confidence did the Antients repose in the Clergy that the guidance and oversight of most temporal affairs was entrusted to them and a check upon the Laity Thus lovingly with all sweetnesse and Candot for 4. or 500. years during all the Saxon times and till that unhappy division by the Conquerour who defaced this beautiful this regular composure did Church and State Officers sit together in the morning determining Ecclesiastical affairs and in the afternoon Civil No jarrs no clashings of Juriscictions were then heard of no Prohibitions issuing out from one Court to obstruct the course of Justice in another thereby hampering the poor Client that he knows not which way to turn himself And I am perswaded there 's no better expedient to prevent lasting vexatious Suits and to relieve the oppressed Then again to reconcile these two Jurisdictions that according

to enact those Lawes to which they professe and yeild most cordial Subjection a Priviledge granted to the meanest Mechanick in a Corporation the arrantest Bumpkin in a County that can but zweare has Vorty Zhillings a year Every other Profession being admitted only Religion and Learning voted out of doores But if this holds what a fair advantage will the Romanists have to upbraid us with a Parliamentary Religion when the profound Mysteries of the Trinity the knotty Controversies of Predestination Free-will Perseverance c. must be stated by those some of whom many times possibly may be better acquainted with the nature of a Hawke or Hound Buying or Selling Commodities then such sublime Speculations Pardon the Expression which the Iniquity of former times drew from me and is not intended to reflect upon any worthy Patriots whereof this Nation can boast as large a number as any of its neighbours I say let it be seriously considered how we shall answere that Cavil when the most competent Judges of such matters are clean casheered no regard being had of their Ripe Abilities and exquisite knowledge Not to mention the Popish Lords who are grown so numerous all of a Judgment and watchfull to lay hold on every opportunity to merit by promoting the Catholick Cause and one Pocket may carry a great many Suffrages whereby much danger may ensue unles timely ballanced by the Lawn-Sleeves The crafty Iesuite is not ignorant of this who keepes a Jubile to see what a wound is given to the Reformation how much ground he has got by debasing our English Clergy whom of all the world he formerly most dreaded but if their Plumes be thus pul'd their Revenues impaired their Priviledges abated he then hopes to deal well enough with them And we must look to see every stone moved Rome Geneva Munster joyning Cook 4. Inst to compasse the continuance of this misery But let not them despaire who have Caesar on their side We know that by the Law of the land the King is Guardian to the poor Orphan Church which is eversaid to be infra aetatem in its minority in Custodiâ Domini Regis and now is the time for Majestie to appeare both for the Churches Honor and its own Security For of late yeares there hath been an unhappy Notion started and kept up by some no well-wishers to the Scepter that the Three I states of this nation consist of King Lords and Commons which how farr it may countenance former Actings and indanger future Disturbances I humbly submit to the prudence of those that are better able to determine But the Consequences of that opinion seeme directly to aime at the Levelling of Soveraignty and makeing it accountable to the other Two in their esteeme Co-ordinate Estates Now Restoring the Spiritualty the only True Legal 3 Estate is the hopeful'st expedient to remove that Destructive Principle out of the mindes of the fickle multitude So may the Crown be safe and the Miter no longer trampled upon And certainly t is high time for men to relent of their merciless Cruelty towards learned Industry The old Rule was Nulli sua Pietas debet esse damnosa but now that Complaint is again fulfild in our eares the Publishers of Salvation whose feete ought to be beautifull are reputed as the Filth of the world and the off-scouring of all things so that in the bitternes of their soules they may well cry out if their hopes were only in this Life they were of all men most miserable I take no pleasure in upbraiding an ungratefull Nation But is this the Reward of their unwearied Paines incessant Studies early Rising and late watching beating their Brains wasting their Bodies and contracting incurable Diseases Is this the Thanks for their Charity to the poore neglecting their Families Relations and Acquaintance for the glory of God and the good of their Country must they onely have Discouragements heaped upon them bread water and Rags if some had their will thought too good for them a small Income a common Priviledge grudged them after so many yeares Labour Sweat and Cost Is this for the Honour of our Reformation and becoming the Gospel Doubtles the prophane world will be apt to conclude that Christ is a hard master that suffers his Servants thus to be trampled upon and few will beleeve that Godlines hath the promises of this life or that Wisdome hath kept its word Riches and Honour are with me Prov. 8. when other Callings run away with all the Rewards and the greatest Deservings the highest Ingenuity the most Exemplary Holines in This meet with nothing but Frowns Contempr and Debasings THE CLERGIES JVRISDICTION CHAP. I. The Nature of Jurisdiction explained and the Regal Supremacy asserted WE come in the last place to Juris diction which may be defined a coercive Authority in externall judicature relating to the execution of Lawes This we grant primarily to reside in the civil Magistrate to whom the Sword is committed the establishing of Lawes belongs and whose right it is to appoint Judges in all causes Here then is the Fountain of all Jurisdiction which branches it self into two streames Spiritual and Temporal And that originally it proceeds hence is manifest because Appeales are ultimately made hither Thus we find S. Paul Act. 25. appealing from the high-Preist to Caesar as from an Inferiour Judge to the Soveraign the last Appellation ever denoting supreame Jurisdiction Thus amongst us if a man takes himself to be wrong'd in one of our Country Courts he may remove the Action to Westminster Hall and if Justice be denied there in cases of grand import the last reserve is the Parliament as the Highest Court of Judicature in the Nation The Church of Rome was not ignorant of this who strugled more in matters of Appeal then any other as being the fairest flower in her Garden and this once cropt you see how soon her power withered This might farther be proved from the example of Joshuah commanding the People to be circumcised from Jehoshaphats appointing the Priests to judge between blood and blood from whence the Royal Supremacy Jurisdiction in their respective Dominions doe invincibly follow Nor did the Ancients ever question it For Aser Menevensis styles King Alphred Lamb. Archaion Omnium Britanniae Jnsulae Christianorum Rectorem and the Confessour entitles himself Vicarium Summi Regis We doe then in al humility acknowledge the supreame Authority of the Magistrate not only in Civil which the French Pragmatique Sanctions challenge but in Church matters and farther Tertul. Apol. that a Magistrate as such whether Christian or Pagan it matters not ought in all things to be obeyed that are not contrary to the word of God and then passive Obedience becomes the Gospel Resistance being in no case lawful We doe look upon the King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with Menander 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And I ever thought there was much of truth shadowed out in that

Poeticall fiction that Majesty came down from Heaven whence the ancients made it the Daughter of Honour and Reverence Nor dare I condemne those swelling Titles every where in the Civil Law given to and own'd by Christian Emperours as Numen Oraculum Sacratissimus Imperator which some zealous eares amongst us would account little lesse then Blasphemy But any that have acquaintance with the Jewish customes and Language will soon resolve them that t was an usual thing with holy writers to style every thing Divine that did excell and was eminent v. Drusius in Gen. Brisson de Formul And let not any one imagine that this is any derogation from the Honour of God or the Pride of Princes hereby heightned the designe only is to mind them whose Person they represent whose Servants they are and that they ought to imitate his Justice Mercy and Bounty Old Homer cals Kings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 nourished in the bosome of Jupiter and from this divine Originall some derive their miraculous Vertues which we see Hereditary to some Royal Families Thus the Curing the Kings Evil with our Princes and if we will beleive Car. Tapiam the Releiving persons Possest by the King of Spain I have dwelt the longer upon this subject that none may suspect what ensues to have the least aspect towards Rome not on the other hand let any fasten such odious Consequences upon this Doctrine as some malicious Jesuites have done as if we made our Princes Popes and gave them an unlimited power of imposing in matters of Religion at pleasure We never assert that our Kings have power to make New Formes of worship New Articles of Faith but to take care that all things within their Dominions be ordered according to the revealed will of God And as much Vsser Primord Eccle. Brit. as this comes to St. Austin Eleutherius to Lucius vicarius Dei estis in regno vestro and the Ancients have ever with one voice attributed to Princes and none questioned but some late Parasites of the Roman Ante-Christ This laid down wee l fall roundly to work and that some jurisdiction to curb prophane and erroneous persons to keep the unworthy from Sacraments and in case of obstinacy to forbid the faithfull society with them that such moderate Power not exceeding the bounds of Excōmunication dos by a divine right belong to Spiritual persons both Christs commission Mat. 18 and the Apostles practise 1 Cor 5.4 sufficiently warrant and none ever questioned but an envious Selden and some Physitians who wanting other Practise made the Church their Patient Set aside these and the former Position has hardly mette with any adversary All the difficulty is how farre Civil Jurisdiction by the favour of Princes permitted to them may with a Salvo to the Sacred Function be exercised For t is owned that Temporal power cannot be challenged by Ecclesiasticks as their due but is a right Imperial and Royal yet Princes to whom it properly belongs both may and have often delegated the exercise of it even to their Clergy Most of the First Christian Emperours having experienced the integrity and prudence of the Ecclesiasticks left it to the liberty of the Plaintif that entered the Suite either to make the Bishops Judges or to have recourse to the Civil Magistrate Thus Constantine Valons Gratian Valentinian Theodosius Arcadius Martian Leo Anthemius and Justinian As may be seen in the Imperial Edicts yet extant CHAP. II. The Original of Ecclesiastical Courts IF we should trace up the Original of Ecclesiastical Courts we shall find them grounded upon the counsel of the Apostle 1 Cor. 6. where he advises the Christians when any contentious Suits arise amongst them as in all Societies such must be look'd for that they should not to the dishonour of Religion betake themselves to Pagan Tribunals for Justice but let their brethren decide matters But who these were is a great Quaere the 4. v. seemes to put it upon those that were least esteemed which cannot be the Preachers But Theophylact carries the sence thus that t is an answere to a tacit objection that some would be apt to say there is not a wise man in the Church that can Judge Well admit according to that opinion there be not one prudent person found yet rather appoint those that were never so contemptible and little esteemed in the Church your Judges then go to the Heathen Tribunals But Ambrose on the place is more express that Ministers are appointed Judges And if the Vote and practise of Antiquity which is commonly none of the worst Expositours may be taken matters will be yet more clear Many scattered passages there are in Igratius Tertullian Cyprian c. looking this way but being under the Lash they are fain to whisper only and durst not speak out I shall not much stand upon those Canons that pass under the name of the Apostles where we read that the Bishops ought to meet every 2 daye of the week to judge causes and a Tribunal is ascribed to them with power of deciding all controversies Nor yet upon that of Clemens Ep. ad Jacob. Fr. Dom. where t is express If any of the Brethren have differences among themselves let them not goe to the Heathens for Justice but let the Presbyters of the Church decide it Now both these however censured by some as spurious in respect of the titles they bear yet cannot be denied to be very ancient And in the 2 Ep. of Marcellinus Quaecunque contentiones inter Christianos ortae fuerint ad Ecclesiam deferantur ab Ecclesiasticis determinentur We have indeed but few genuine peices remaining of those poor persecuted times wherein the distressed Believers were glad to make hard shifts and fearfull to do any thing that might create jealousie in the minds of those cruel Tyrants whereas openly to professe the declining of their Tribunals had been crime enough Yet St. Hierom a curious searcher into old records saith Priests from the beginning were appointed Judges of causes l. de 7 Ordin Eccles And when they could use freedome then we have them speaking aloud For St. Ambrose pleads the Apostolical Commission Ep. 24. secundum sacrae formam praeceptonis qua eum Apostolus induebat S. Austin seconds him and saith this task was imposed upon Spiritual persons by St. Paul to decide tumultuosissimas perplexitates causarum alienarum de negotiis saecularibus De Opere Monachatus c. 29. I shall conclude this with a testimony of Calvin whom all know to be no friend to the Episcopal Hierarchy yet even he acknowledges 4 Instit c. 11. § 10. That the Primitive Christians to prevent wrangling suits were wont to commit their differences to be decided by their Bishops and this held till the Magistrate received the Gospel But that which carries the greatest weight with me is the Universal Practise immediatly after the Scepters of the earth stooped to Christ for I cannot imagine that so great a novelty would have