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	court_n	ecclesiastical_a	1,440	5	8.4424	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A52455	Dr. Burnett's reflections upon a book entituled Parliamentum pacificum. The first part answered by the author.	Northleigh, John, 1657-1705.; Burnet, Gilbert, 1643-1715. Reflections on a late pamphlet entituled Parliamentum pacificum.; Northleigh, John, 1657-1705. Parliamentum pacificum.	1688 (1688)	Wing N1298; ESTC R28736	98,757	150

Her Reign to justify the Legality of all that She did even to those things that She confesses She dispens'd withal contrary to Law were we to play like Children at Cross-purposes the greatest non-sence and most insipid Answers would serve pass for the more Ingenious Diversion I told the Dr. what She dispens'd with contrary to the very Parliaments Act. It is Answered of something She did that was rounded upon an Act of Parliament but now because we 'll keep to the purpose we 'll examin this Her power in Ecclesiasticals founded on the First of Her Reign and see how far it makes for our Authors Apology he says this was in a great measure Repeal'd in the Year 1641. the Dr's Excellencies lying more in Chronology than the Statute-book It is a known Act of 17 th Charles the First that does in some measure as he says and I am glad he keeps to any repeal it I will not insist on the occasion of such a Repeal and the juncture of Affairs that forc'd it though I must confess the Reasons of Laws can never be recollected but by Reflection on the State of those Times in which they were made and that makes a sound Historian somewhat of the necessary part of a good Lawyer and from History 't is most deplorably known that this Repeal was procur'd in the Year that this Rebellion commenc'd by a Parliament the defence of which has been made Proemunire and High-Treason by that which enforced the Triennial Parl. into a perpetual one and which was afterward with so much abhorrence and such an ignominious Character repeal'd But all that appears of this Repeal of the 1 st of Elizabeth from the Opinion of the Lawyers and the examining the Act is the power of the Commissioners fining and imprisoning which was look'd upon as oppressive and therefore my Lord Cook in his Argument upon that case who for a time was no great Prerogative Lawyer or would not be so says that this Act was only a restoring to the King His antient Ecclesiastical Iurisdiction which the Commissioners extended so far as injuriously to fine Offenders upon it beyond their Power this usurped Power some people are of opinion is only by that Act repeal'd though I do not doubt but that Parliament would have willingly comprehended in it all the Inherent Antient Ecclesiastical Iurisdiction that ever appertain'd to the King and Crown and even by special Act here under Catholick Princes has been declar'd so so that indeed as the Dr. says it is but in a measure repeal'd and by express Words in the Repeal of Abuses of the Power only prevented so that it could not take away or deprive the Royal Authority from that unquestionable Prerogative of Commissionating any number of Persons in Ecclesiastical Matters that do not exercise such an extensive Iurisdiction and therefore to reflect upon the present Court that is of another nature and a new Creation as put down and repeal'd with that of Queen Elizabeths is no more an Argument than that Queen Elizabeths Commission was reviv'd when but so lately King Charles the Second delegated His Ecclesiastical Iurisdiction and Disposal of Preserments to some Persons that are most now living though perhaps some of them the readiest to Dislike their present Proceedings It is plain that the King's Power in Ecclesiastical Matters was never meant should be infring'd from that Repeal by this Ratification of it in the Late King's Time whatever the First Factious Legislators in it might intend for as you see this Late King did in a sort make use of it so in this very Ratification as the Dr. calls it is Provided that as it shall not extend to the Iurisdiction of Archbishops Bishops so neither to Vicar-Generals or Persons exercising Ecclesiastical Jurisdiction by the King's Commission If the Dr. will cavil only because the Word Court of Commission is not expres'd his Cause will hardly be the better for such a peevish Exception since the Constitution of a Vicar-general would be as little Kindness to the Church as it was in the Excesses of its first Establishment under Henry the Eighth which we see His Majesty as excessive as the Dr. would make Him has not hitherto reviv'd but should a Parliament restore the very Court of Queen Elizabeth it would be reckon'd among such men as illegal and only the King's Excesses in the Government I here shall help him to another Set of Excesses since such Prince's Proceedings must be call'd so when they do not quadrate with our Authors Subject and Design which at another time must pass for good Law when they make but the least for His purpose some People perhaps are of opinion That the Two Tests were past after a sort of Excess in the Government the World now knows one of them was made when the Parliament was exceedingly impos'd upon with Falsehoods and Perjuries and as exceedingly transported with a Zeal that look'd too so much like Fury so that if a man consider their origination and the Circumstances of Affairs when these Laws were made instead of keeping them upon the File after the rest are repeal'd there will appear more Reason even from the Doctor 's Excesses for repealing them the First The Conquest of the Kingdom gave a great Latitude to the 1 st William in point of Government which his Arms having acquir'd he found himself the less limited by the Laws though he profess'd to Rule by it and few of his Successors since that by their own Acts have oblig'd themselves but afford us Instances in greater Excesses of Government than any we can now complain of He is said to have invaded the Jurisdictions of the Prelates and seiz'd their Treasures not sparing his own dear Brother Odo William the Second tax'd his Subjects at pleasure by the Power of his Prerogative was as severe upon the Clergy and Westminster-Hall since the Seat of Iustice was look'd upon by the People as built on purpose to countenance his unjust Taxations The Ne exeat Regnum was repin'd at as a Grievance and in that Reign might be said to Commence The making Mutilation and Corporal Punishment Pecuniary in Hen. the First 's Reign the Confiscations and Bishop of Salisbury's Case in King Stephen's were made matter of Excesses in such Authors too Henry the Second resum'd by his own Act Lands that had been sold or given from the Crown by his Predecessors and against this Excess I think His present Majesty has given us good assurance in His last Declaration since the Dr. labours so much upon the absolute Power of the Former Of Richard the First it is Reported That he feign'd his Signet lost and so put out a Proclamation That those who would enjoy the Grants by the former old one must come and have it confirm'd by the New he pawn'd some of his Lands for the Ierusalem Journey and upon his Return would have resum'd them without Pay. The Exactions of King

the Prelate he would pull down the Pride of him and all the Bishops in England pull him out of the Church by the Hair of the Head I think fit to recite this for fear the Dr. should find fault with me as well as Varillas for not telling him the occasion the Bishops found to leave the Court and I think 't was time for them to be gone If the Doctor remembers this seems somewhat of those Sparks that afterward sate both Bohemia and Hungary in a Flame to one of which places if I mistake not this very person here cited did in his Banishment repair and to its missfortunes perhaps contribute and as I think upon occasions like this might be said to be begun that long War of Germany and I do most professedly avow that upon serious Reflection upon those miseries that attended the Reformation which the Doctor has given me too much and too sad occasion to consider and consult I look upon this Juncture of the latter end of this Reign very near that unfortunate Crisis of falling into all the Desolation and Calamities that afterward befel those miserable Countries Bohemia Hungary Germany France and Flanders but tho' fate for a while suspended our misfortunes or the Military King that Reign'd then supprest those more early divisions yet alas the Diversities of Religion did too soon lay us waste and not long since made us as sad a Spectacle to our Neighbours as they had been to us in the same Civil Wars A Body would have thought Dr. B. might have sooner found fault with the beginnings of this King's Reign than his latter end for I must confess it began in the deposition of his Father or at best but a necessitated resignation he being a Prince as ambitious of a Crown as well as one that truly deserv'd to wear it but this is a President that cannot but please him the transferring Allegiance is such a singular piece of Politicks in the Opinion of this Statesman and helps so mightily to the constituting of some States that he may be very desirous it should be much imitated But to come to another Instance of his Excesses in which he does so exceedingly delight himself and that is those of Richard the 2 d's Reign I confess 't is another President of Allegiance transferr'd but that with good Subjects does not presently prove Excesses neither warrant their Disloyalty if they were prov'd if the Proceedings of his Reign must not be mention'd because of its Tragical Conclusion we shall be at a great loss for any Argument that may be drawn from the more Lamented Misfortunes of King Charles the First I suppose the Doctor will say too it was Excesses produc'd that Tragedy and some People will say the Excesses of Conformity but yet I hope there might be good Laws made in his Reign and what was there call'd Excesses has been since found but so much Invasion of the Prerogative and perhaps an Impartial Account of this King Richard's Reign will make that appear so too I had obviated this Objection before upon the very place in observing that the tumultuous proceeding of the Rebellious Barons for I hope by his leave we may be so bold at home and the ambition of the designing Duke of Glocester could no more criminate that King's Reign than excuse them from being Rebels But since he will not be contented let us examine what some Authors as honest as himself say of these Excesses when the Parliament or rather the Party of the Duke of Lancaster was assembled at his deposition Excesses indeed were alledg'd and so will ever be by those that prevail but even among those there some that thought them far from being so the Loyal and Learned Bishop of Carlisle made such a bold Speech in his defence that his very deposers were silenc'd and nothing but each mans private prospect of some publick favour hinder'd their Conviction the new King himself was very cool in the prosecution of the grave old Prelate and could hardly be said to be warm in his acquir'd Government but for all this they thought fit to confine the Loyal Bishop for the Liberty that he took his Crime being only a bold Indiscretion for shewing them so soon the badness of their Cause This King as exceeding criminal as the Doctor would make him had so strong a Party tho' depos'd that they thought fit to deprive him of his Life too and to send him to his Eternal Crown for fear he should take up again his Temporal these are no good Arguments of his Excesses or ill administration Hollinshead that has somewhat of Renown for an Historian tho' he does not in his work exalt his own Reputation with our Authors he tells us this poor Prince was most unthankfully us'd by his Subjects in no King's days were the Commons in greater Wealth or the Nobility more cherisht and as these Tragical Conclusions were not imputed to Excesses by most of his Subjects at home so it was as ill resented by Princes abroad the King of France was so provokt with these Injurious Proceedings that he acquainted his Lords with his Resolution of Revenge and they shewed themselves as ready to take it too but were too soon prevented by their taking away his Life and then it was as much too lateto serve him after his death I am afraid the Doctor will be found to be exceedingly out here in his Excesses but as Excess must serve his turn in one Reign so it seems defect must do it in another Henry the 6 th's feeble Reign must support his Arguments against what he calls Excesses of Government in Richard the 2 d. I am glad to see he has no stronger ones and 't is but a tacit giving up the Cause to have recourse to such Subterfuges H. the 6 th I hope as weak as he was was to govern according to Law and for that the more concern'd so to govern so that the force of the Prerogative in such a feeble Reign is but an Argument a fortiori The Excesses in H. the 8. time indeed were such since he 's resolv'd to call them so and came somewhat near that absolute Power with which he so much affrightens and alarms us in his Libels but I hope he will allow and think the Protestant Religion very much oblig'd to his Excesses since they made the fairest Step to the Reformation and were as well followed in the Reign that came after some Writers will say that those Parliaments that confirm'd his Excesses were so far from free ones that they were hardly allow'd the Liberty of Debate much less to stand up for the antient Establishment of the Church It was Criminal then to deny the Court even in an House of Commons and tho' King CHARLES the First coming to the House only for Members accus'd of High-Treason was made such a Crime as the Breach of Priviledge It was look'd upon here as a Point of Prerogative to

come command their Votes or else certainly such an Assembly suppos'd of the Wisest as well as the greatest Men in the Nation could never have been prevail'd on for passing such Absurdities and Contradictions into Law for the making lawful Heirs illegitimate and then to legitimate again the self same unlawful Heirs to make one Daughter spurious and then another and at last to make them both to be legal Issue with the single Charm of Be it Enacted It is said of that Assembly that it can do every thing but make a Man a Woman but here I think they went pretty near that too and made Women what they pleas'd In the First Ann's Case Incontinency was made the Cause to divorce Her In the Second the Defect of natural Inclination and only upon sending down some Lords to the Lower House what Marriage he pleas'd was declar'd unlawful It was not the Roman Consistory that was Lords of the Articles then or else they had hardly parted so soon with the Supremacy though that invidious Reflection on that Honourable Constitution in Scotland must come a little unkindly from Protestants since if we believe the Bishop to those Lords they are much oblig'd for the helping on the Reformation in short since the Dr. lays such a mighty Weight upon his getting all warranted or confirm'd by Parliament it is but a weak Support for the Confirmation of his Cause for it will give some People the more occasion to observe that such was once our KING's Authority over Parliaments that they could obtain from the Civil Sanctions of the State to sacrifice the Sacred Authority of the Church Wives and Children Women and Men to his Lust and Anger His Parliamentary Warrant will do him but little Service in such Excesses since His present Majesty's Proposals I think are much more reasonable which he desires only so to be Warranted and if these Excesses are so ordinary in great Revolutions some Persons may think this unexpected Indulgence and Toleration as great a Turn The Dr. very wisely passes by without any Consideration all the Proceedings of Edw. the Sixths Reign in which some may think that some Excesses were Committed too and that even in the very two Points that His Majesty has solemnly declar'd to Defend us in Property and Religion In the very First Year of that Reign which the Dr. cannot be unacquainted with it being so of the Reformation too Did the Protector only by his Proclamation order all Enclosures to be laid open which for some time had been enjoy'd by the Lords and Gentry and was partly possess'd by them by Vertue of those Abby-Lands they had from the Crown The Duke knew this would gratify the Common People and being desirous to be popular he issues out this Commission of Absolute Power for all the Lords and Gentry look'd upon it as an Invasion of Property especially when they were in such a Tumultuous manner thrown down were Abby Lands to be thus invaded now by a Proclamation we might well complain of Excess In the same Year were Injunctions sent forth only the Order of the Council Board over all the Kingdom for altering all the Old Ceremonies and way of Worship in the Church of Rome several for opposing these Commissions and Injunctions as something like Excesses were punish'd or sent to Prison The Bishop of London was clap'd up in the Fleet only for scrupling an Obedience and that though he made most solemn submission which is more some People will say than what has been done by some Successor since upon a milder Test of Obedience and a Process less severe Gardiner was Committed to the Tower only for wishing these Proceedings might be delay'd till the King was more capable of the Government Durham Rochester and Chichester for the same Disobedience were so serv'd all of them dispossess'd of their Bishopricks and what was worse the Bishopricks Sees themselves dispossess'd reform'd from their Revenues These Excesses could not but create great Disorders in the State when they saw that what was call'd the King's Proceedings was allow'd to be Law for the regulating of the Church the several Rebellions of the West and North that follow'd meerly upon these Excesses of Reformation had too Tragical Conclusions to relate and so the Dr. took care lest they should be mentioned the suppression of which did not end without a Western and a Northern Campaign and a great deal of Blood and Severity Sir Will. Kingston's pleasant Cruelty in the West his Landlords the Millers Tragedy do declare Northumberland in the North is so well known that I 'le engage the Doctor confesses it a thing which help'd to facilitate Q. Mary to the Throne In short it appears plain from the History that the Protector saw that Reformotion could not be carryed on without Arms that therefore he made the War in Scotland a Pretence to take them up and for this he brought in Germans and Walloons though the coming over of our own Irish now is made a Terror and Astonishment the Elections of the Bishops was then given to the KING for the Ends of Reformation of which 't is now too late to repent In the next President we are reflected on again because Q. Elizabeth's Power in Ecclesiastical Matters was founded on an Act of Parliament which the Dr. says was in a great measure repeal'd in King Charles the First 's time and that Repeal again in Charles the Second's ratify'd this Authors Argument of a Parliamentary power was little to his advantage in his Reign of Hen. 8. not at all for his purpose in the First of Edward the Sixth for there those great Alterations in Church and State were made before the Parliament was call'd meerly by Injunctions Orders of the Protector or the Council Table and that absolute power authorised by the specious Name of the King's Proceedings This was the Original of that Arbitrary Law and Queen Mary might well write after such a Copy but the Dr. does most designedly misapply to our Presidents in Queen Elizabeth's time this Parliamentary power as well as he designedly and wisely omits it in K. Edw. Reign because he knew he could not apply it for if he 'll but examin one of the Cases I put him in the Queens Reign about Her dispensing with the Latin Service to be read in Collegiate Chappels and the Vniversities contrary to an express proviso of an Act of Parliament for the sake of Reformation and the applauded Opinion of Moor that the Queens power of Non Obstante was good even against the Non Obstante of an Act of Parliament to that Her Power he 'll find that some of Her Affairs and Proceedings were so far from being founded on Acts of Parliaments that She acted without them and upon Resolutions that were given to illude and invalidate their power so that in short the Dr. would apply the Case of the Court of Commission founded by the First of