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	king_n	power_n	2,049	5	5.0457	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A30974	Discourse of the peerage & jurisdiction of the Lords spirituall in Parliament proving from the fundamental laws of the land, the testimony of the most renowned authors, and the practice of all ages : that have no right in claiming any jurisdiction in capital matters.	Barlow, Thomas, 1607-1691.	1679 (1679)	Wing B829; ESTC R4830	45,447	34

to the Bishop to be Degraded before the Sentence of Law was executed upon them So it is in all Cases of High Treason for there being no room for Purgation the Judges are not at all obliged to deliver him but out of favour they were wont to do it to the end he might be Degraded and if that Custom were still observed there were no great harm in it yet in Trin. 24. H. 8. in Spilmans Reports we have a Case of one George Nobles a Priest who was Convicted at the Gaol delivery of Newgate of Clipping the Kings Coin and by the Resolution of all the Judges they passed Sentence of Death upon him before any Degradation and he was accordingly Executed in his Canonical Vestments In a Record upon the Parliament Roll 21 E. 1. Rot. 9. it is to be found that one Walter de Berton was Convicted of Counterfeiting the great Seal but the Record saith Qui convictus tradatur Episcopo Sarum qui eum petiit ut Clericum suum sed sub pena c. sub forma qua decet quia videtur Concilio quod in tali casu non admittenda est purgatio Here it appears a person Convicted was delivered to his Ordinary in case where there could be no Purgation and so no benefit of Clergy and therefore it is evident that it was to the end he should be Degraded and upon that the Delivery is with a Subpoena which can be understood no otherwise but that he should re-deliver him VI. As to the last point at what time they ought to be Degraded may be determined partly from what hath been said already for the end of Degradation is only to prevent that Scandal and Irreverence which would otherwise be thrown upon that honourable Profession which all sober and true Christians are very tender of And certainly there cannot regularly be any Deprivation or Degradation before Conviction for no Clerk can be Deprived or Degraded of any Benefice or Dignity except upon full Evidence he be found such and such a person as is uncapable of enjoying it And as a Bishop cannot refuse a Clerk presented except there be special cause for it as criminosus c. so neither can he deprive one that is already Inducted without special cause and in any Court of Record the Cause must be specially pleaded because it is Traversable Co. lib. 5. 2. part fol. 58. Specots Case Suppose then that any Ecclesiastical Person is Arrested for Treason the Ordinary cannot deprive him except he first pass Sentence upon him that he is criminosus but he cannot pass Sentence of Deprivation upon him while he is under the Custody of the Temporal Magistrate and before he is delivered to him for it is the greatest piece of Injustice in the World to Condemn a man before he be heard indeed our Law allows that in case of Outlawry but that is when he may appear and yet after Five solemn Proclamations will not but it is against the Law of Reason and the Laws of all Nations to Condemn a man that is absent when at the same time they know he cannot appear and therefore no Clerk can be deprived till he be delivered by the Temporal Judge and I have already proved that there can be no Delivery till after Conviction so that it doth necessarily follow that there can be no Deprivation till after Conviction and for further confirmation see Ridley ubi supra Bracton lib. 3. fol. 123. Clericus Ordinario traditus si in purgatione defecerit degradari debet Fle●● lib. 6. c. 36. Degradare potest Episcopus criminum convictos Whereby it appears first That before Degradation they must be allowed the benefit of making their Purgation if they can and that they have not except they be present when they are Condemned 2ly That they must be Traditi or Convicti before Deprivation The Case of a Bishop seems parallel to the Case of any other Clerk for the King is Patron of all the Archbishopricks and Bishopricks of England they being all of his and his Progenitors Foundation They must either therefore be Donative or Eligible before King John's time they were Donative per traditionem Annuli Pastoralis baculi But he by his Charter 15. Jan. Anno Regni 17. granted that they should be Eligible and therefore were made to be in the nature of Advowsons presentable when therefore the King did nominate or present such a person to the Bishoprick that person could not be refused without some special cause of refusal but if it did appear that he was either Infamous Irreligious Schismatick Heretick Miscreant Infidel mere laicus c. I conceive he might well be refused or else to what purpose issued forth the Conge d'eslier What signified King John's making them Eligible And therefore there being the same Reason and Law of Degradation or Deprivation after actual Investiture that there is of refusal before I infer there can be no Deprivation of a Bishop without Cause and that Cause cannot be adjudged to be in him before he be heard and have the Justice to defend himself as well as he can allowed him and consequently no Deprivation till after delivery out of the hands of the Secular Power which is in no case till after Conviction These Particulars explained and proved will satisfie all those whose Sentiments are regulated according to the Standard of Reason that there is no strength in any of those Objections which some ignorant people do so much insist upon Having thus by the Rules of Law the Authority of the most Renowned Authors and Variety of Precedents proved That a Bishop is no Peer in respect to a Temporal Lord within the intent and meaning of the 29th of Magna Charta It doth naturally follow that he hath no Right to claim any Jurisdiction or Right of Judicature upon the Life and Death of a Temporal Lord for otherwise he might suffer Death or Banishment or Imprisonment by the Judgment of those who are not his Peers contrary to the Fundamental Laws of England and the Liberties of every Subject And thus I conclude the first Point The second Point that I offered to demonstrate is That the Bishops Votings in Capital Cases is contrary to the practice of all Ages untill this day In the first place Let us examine how it was before the Reign of Henry the Second It must not be expected that this should be proved from the Records and Journals upon the Parliament Rolls for their Antiquity will not reach so high as to do any considerable Service in this matter but I shall give the same proof for this that any man can give for Tryals by Juries before Magna Charta that is an Act of Parliament making Recognition of several ancient Customs practised beyond the Memory of those that then lived and that I hope will be sufficient Evidence The Statute that I mean was made at that Great Parliament which was held at Clarendon the 10 11 of H. 2. Anno