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	minister_n	1,640	5	6.7449	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A31457	The nature and kinds of simony discussed wherein it is argued whether letting and ecclesiastical jurisdiction to a lay-surrogate , under a yearly pension reserved out of the profits, be reducible to that head : and a sentence in a cause depending about it near six years in the court of arches, is examined / by J. Cawley ...	Cawley, J. (John), 1632?-1709.	1689 (1689)	Wing C1650; ESTC R16298	29,189	42

THE Nature and Kinds OF SIMONY DISCUSSED Wherein it is Argued Whether Letting an Ecclesiastical Jurisdiction to a Lay-Surrogate under a Yearly Pension reserved out of the Profits be reducible to that Head. And a Sentence in a Cause depending about it near Six Years in the Court of Arches is Examined By J. CAWLEY D. D. Archdeacon of Lincoln LONDON Printed for R. Baldwin in the Old-Baily 1689. THE PREFACE THAT this Cause hath been carried on by the united Councels and Interests of many of Doctors Commons needs no proof the whole management of it declares it and the Doctor who is promoter of that Office owns it who hath been true to his Trust and left nothing unattempted that might advantage his Prosecution and depress his Adversary and this for Six Years together by all the Tricks and Quirks and Hardships that ever were put upon any Man since the First erection of Doctors Commons to this Day And all to make a meer Mistake a great Crime and by Art and Chicanry to advance it both in its Nature and Punishment ten fold higher than any Law of Christendom ever yet accounted it To effect this there were frequent Cabals and standing Counsel for the Promoter to have recourse to when his own Skill was deficient as it hath often been in this Cause Almost all the great Ministers both in Church and State have been courted and gained to countenance the Proceedings those especially of the Popish Interest or Perswasion who have advanced and cherished the Prosecution in several Instances As by procuring Patents from the King and Bishop of Lincoln to the Promoter and his Assigns by denying Prohibitions often prayed in the Courts at Westminster upon suggestion that the Cause was censured by virtue of Papal Canons never devised used nor received in this Nation by hindering a review and by contriving to exclude the Constitutions in Lyndwood which are the Ecclesiastical Laws of this Nation from being admitted to rule in this Case although there are Three positive and express about this very Matter because the Punishments they inflict were not sharp enough to answer the ends of the Promoter and his Associates Which was done by some to make a fair way for the Popish Religion by admitting First all their Canons and by others to introduce an Arbitrary Power over the Fortunes and Reputations of all the Clergy Some perhaps were led thereinto by meer mistake in the Canons cited and alledged by the Promoter and his Counsel which are such that they make all the Clergymen in the World in one Instance or other Simonical as Marlerate observes Secundum hanc rationem vix in toto Papatu reperietur sacerdos qui non sit Simoniacus And he saith Papistae crimen Simoniae ad otiosos suos proventus trahunt according to the Papal Canons account of Simony not one in all the Popes Territories can be guiltless and they make it serve to bring in a revenue to their Sloth At the Informations in this Cause any Word that could be found in the whole Body of the Canon Law was urged and improved against me and allowed for as good Law as if it had been at Rome it self all the Riff-raff and Trumpery of that Pedlar's-pack was exposed as if Popery had been then fully Established and Triumphant and every clause of the Romish Laws had been as much our Own as is Magna Charta And when I urged to be censured by Canons devised and made in England the motion was rejected as impertinent although it is well known such practice incurs a Premunire and it is an unaccountable thing That any should receive a Canon made at Lateran and Tours and reject our own Provincial Constitutions enacted in the Kingdom and by all the Clergy of it A thing I dare say never before attempted in this Realm at least in so high a degree as in this Case These Canons then that are said to have censured this Fact for Simony are all Foreign and a part of those which Luther caused to be publickly burnt at Wittemberg and whereof whole Books are to this Day rejected in France and Germany and all received no where but in the Popes own Territories Canons whereof one saith Fateor multa supposititia spurca fictitia hiulca falsa ex jure civili vel perperam intellecto vel fraudulenter applicato pro tyrannide sua stabiliendà distorta ludicra ridicula vesana nec non quod rei caput est impia blasphema nefaria tyrannica corruptelis repleta sacrilega crimen majestatis contra eum perduellionis spirantia Et quis trucis istius lernae singula capita vel fando narrare vel pro dignitate tractare possit The Bishop of Lincoln gives the Sence of all in his Treatise 1679. The Canon Law that Sink of Forgeries Impiety and Disloyalty For I scarce know any Book wherein are more forged Writings under good Names sometimes for bad Purposes or more impious Doctrines and Positions owned and authorized for Law or any Book which hath more Seditious and Rebellious Principles of Disloyalty An the Bishop of Down and Connor calls it And intollerable heap Such burdens on Mens Consciences which they can never reckon never tell over never know never understand And it represents the Happiness of Christendom that they are not obliged to such Laws whereof the Cardinal of Cusa saith Infinite Numbers were rejected when newly made and were all enacted by the worst Popes Persons Bloody and Ambitious Traytors to their Princes and Butchers of Christendom And yet even the severest of these Canons do not Decree this Fact to be Simony nor place it under that Title nor punish as Simony or with more than Monition for the first time or at most Suspension So Alexander the Third commanded the Archbishop of Canterbury no otherwise to censure the Archdeacons of Coventry for some sorts of Simony being not against Divine but Humane Law only but by admonishing them to desist If therefore any shall wonder how this Fact came to be called Simony in the Arches and then the Sentence to be confirmed by the Delegates I shall give a short Answer That it was never argued on my part in the Arches because the nullities in the Proceedings were so gross on the Promoters part that my Counsel advised me to rely on them in an Appeal which I brought which nullities I must have waved if I had joyned issue so the Promoter had a Sentence Secundum Petita as he desired and that was That it was Simony in hâc Parte And for the Delegates when it is known that half of them were of the Commons and so my Prosecutors and the very Persons who put the Promoter upon the project and that either the Promoter or his Agents had privily and very subtilly insinuated to the Delegates a most wicked and most false and scandalous Report that I bought my Archdeaconry telling many particulars and circumstances of it every Tittle

as the Clergy if they are legally deputed to it nay a Woman as Gerson speaks and the Abbesses and Prioresses do at this Day As for Visitations The Surrogate only sends to the Clergy to meet at such a place where presentments are taken and excesses enquired after which are meerly Temporal Acts though the Persons enquired of be some of them Spiritual Therefore when Redoanus and any other Canonists make Visitations in their large sense and acceptation or abuse rather of the word Spiritual it is because the Archdeacon is bound to Preach and give Spiritual Instructions to his Clergy and others as the pontificial forms for Visitations of which there are very many extant do enjoyn from which part a Layman is excluded As for Excommunication and Absolution it is well known that Laymen do not use them but leave them to the Clergy and though they are decreed by one they are pronounced and made valid by the other And how great complaints there have been in this Nation of the contrary usage is well known and that the Canons of 40 which shew the sense of the Church though they were not Confirmed utterly debar Laymen from any such Power Neither can I hear that at this present any Layman throughout England taketh upon him to Excommunicate without one in Orders to assist him And I am sure if he cannot bind he cannot loose For ejus est solvere cujus est ligare Those censures indeed are Spiritual when used in foro interno binding and loosing the Penitent upon Confession and Repentance and so are part of the Sacerdotal Power perswasive not compulsive But when exercised in foro contentioso they are granted by Bellarmine himself to be Temporal and coactive and it is amply proved by Bishop Carlton in his Book of Jurisdiction and by Bishop Andrews in his Tortura Torti Potestas Excommunicationis pertinet ad Jurisdictionem fori exterioris Marsilius Patavinus in his Defensor Pacis who Writ 1324 is positively for it Ab Officio principatus sive contentiosae Jurisdictionis regiminis seu coactivi judicii cujuslibet in hoc saeculo Christus seipsum Apostolos exclusit excludere voluit Which Jacobus de Almain approves reciting this passage of Marsilius The Archbishop of Spalato is express Potestatem Ecclesiae propriam totam esse merè Spiritualem And saith That St. Chrysostom St. Ambrose Bernard and Ferus agree in this Ab Ecclesiastico Rectore potestatem omnem imperatoriam coactivam executivam auferunt Nor can it be otherwise for if it were jure divino it must rest in themselves to whom it was imparted and could not be delegated and invested on others as Jurisdictions daily are I shall trouble the Reader with but Two or Three Authorities more and one is Franciscus de plateae among the Tractatus illustrium Nota tamen secundum Gul. quod cum paenae non sint extendendae ille qui Simoniacè suscipit aliquem ordinem sit suspensus quoad ea quae sunt ordinis non tamen est suspensus quoad ea quae sunt jurisdictionis unde si alias habeat Jurisdictionem tune habet potest suspendere Excommunicare ab Excommunicatione absolvere hujusmodi Covaracias saith the same and so doth Navarrus The highest sort of Simony is buying Orders and a Clerk is ipso facto suspended for it yet however though he be suspended from exercising or using his Orders he shall and may exercise Jurisdiction if he hath any And it is most certain and the communis opinio that no Simony soever shall hinder the convict from exercising his Jurisdiction as visiting censuring reforming correcting canonically or keeping Courts because the Jurisdiction is not by virtue of his Orders nor is it used by virtue of them being not a Divine but Humane Institution therefore executing the power of Jurisdiction shall never make him irregular as Navar and Covaracias and Infinite besides of the Canonists Observe Which demonstrates that their Opinion is that Jurisdiction is not Spiritual and from any supernatural Power And so transaction about it cannot be Simoniacal This is the plain consequence and deduction from that passage of Platea c. Which yet they seldom own in express terms For this is the Palladium of the Romish Church to make all they can Spiritual at least call it so Of this Grotius complained in his Oration at Amsterdam Restituta est imperii Romani dignitas sub alio titulo nempe Hierarchiae potestatis Spiritualis She contends to make every Cause Spiritual that so she may retain it and upon that pretence stamps a Nolimetangere upon all Matters that have any relation objective or Subjective to Religion This is her Diana and by this Fraud she gets her Livelyhood and hath enlarged her Phylacteries and made it Sacriledge for Temporal Princes to incroach upon her for all she toucheth is Holy and is not to be devoured by Dogs By this she hath erected a Monarchy and in the midst of Christian Kingdoms maintains a Power greater then she leaves to the Princes themselves and all by confounding the Ecclesiastical and Civil Power Temporal and Spiritual and engrossing both Powers to themselves of this Father Paul gives us a full and excellent account Constantine made a Decree that if either party litigant in Temporal Causes demanded the Episcopal Judgment the Cause should be immediately remitted him Here the Tribunal of the Bishops began to be a common pleading place having execution done by the Ministry of the Magistrate and to gain the Name of Episcopal Jurisdiction Episcopal Audience and such like The Emperor Valens did inlarge it who 365. gave the Bishops the care over all the Prizes of vendible things St. Augustine complained how troublesom it was to him Arcadius and Honorius restrained their Jurisdiction to Causes of Religion Justinian assigned them the Causes of Religion Ecclesiastical faults of the Clergy and divers voluntary Jurisdictions also over the Laity The Bishops became Counsellors to the Princes in the Western Empire and by the mixture of Spiritual and Temporal Charges caused their Jurisdictions to increase exceedingly He shews largely how they increas'd their Power over the Clergy and Laity pretending the Cause was Ecclesiastical or mixt and so leaving nothing to the Secular appropriated all to themselves making all devolve to themselves if the Magistrate will not or neglect to do justice This might be tolerable but not staying here they added that neither the Magistrate nor the Prince himself can meddle in any of these Causes which the Clergy had appropriated because Spiritual and of Spiritual things the Laicks are uncapable Though adopted by the Heavenly Father called Sons of God Brothers of Christ partakers of the Kingdom of Heaven made worthy of Divine Grace of Baptism and the Communion of the Flesh of Christ What other Spiritual things are there besides these 'T is false that causes appropriated to the Episcopal Judicature are Spiritual For all are either delicts or