Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	civil_a	court_n	criminal_a	1,645	5	10.8192	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A52036	An answer to a booke entitvled An hvmble remonstrance in which the originall of liturgy, episcopacy is discussed : and quares propounded concerning both : the parity of bishops and presbyters in Scripture demonstrated : the occasion of their imparity in antiquity discovered : the disparity of the ancient and our moderne bishops manifested : the antiquity of ruling elders in the church vindicated : the prelaticall church bownded / written by Smectymnvvs.	Smectymnuus.; Milton, John, 1608-1674.	1641 (1641)	Wing M748; ESTC R21898	76,341	112

but this is but a blind wherewith the Bishop would Dorre his Reader for wee challenge any man to produce the names of any Clergie-man that was Vicar to Ambrose or Chancellour to Augustine or any other of the Bishops of these times so that herein our Bishops and theirs are TWO SECT XI A Third branch wherein the difference betweene our Bishops and the Bishops of former times inpoint of Exercising their Jurisdiction is visible is the way or manner of exercising that power For brevities sake we will onely instance in their proceedings in Causes Criminall where let them tell us whether any good Antiquity can yeeld them one President for THEIR OATH EX OFFICIO which hath been to their COURTS as Purgatory fire to the Popes Kitchin they have forgotten that old Maxime in the Civill Law Nemo tenetur prodere seipsum which as it is grounded upon naturall equity so it is confirmed by a Law enacted by Dioclesian and Maximilian Nimis grave est quod petitis c. It is too grievous that the adverse part should be required to the exhibition of such things as should create trouble to themselves Vnderstand therefore that you ought to bring proofes of your intentions and not to extort them from your adversaries against themselves Shall the Lamp of Nature in the night of Ethnicisme enable Heathen Princes yea Persecutors to see and enact thus much and shall not the glorious Sunne of the Gospell convince these of their iniquities in transgressing this Law that call themselves the Fathers of the Church If neither the light of Nature nor Gospell light can yet the Custome of the Church to which they so oft appeale may both convince them of this iniquitie and discover to all the world the contrarietie of their proceedings to the proceedings of former times in this particular For of Old both the Plaintiffe and Defendant were brought face to face before the parties in whose power it was to judge which way of proceeding Athanasius affirmes to be according to Scripture the Law of God And because those that condemned Macarius did not thus proceed he condemnes their Sentence as malicious and unjust Of old no Sentence passed against any man but upon the Testimony of other witnesses besides the Accusers after Complaint exhibited the first thing they applyed themselves to was to consider the person and qualit●e of the Accuser Concil● prim Constant. Can. 6 Then they heard the Witnesses who were two at least Can. Apost Can. 75. And these witnesses must be such as might not be imagined to be partiall nor to beare enmity nor malice against the party accused Ambros. Epist. 64. so Gratian Caus. 3. quae 5. cap. Quod suspecti Of old None might be party witnesse and Iudge which Gratian proves at large Caus. 4. qu 4. cap. Nullus unquam praesumat accusator simul esse Iudex testis We grant indeed the Canon Law permits in some cases Tryall without witnesses Si crimen ita publicum est ut meritò debeat appellari notorium If the crime be so publique that it may deservedly be called Notorious Which Law further determines what is notorious sa●ing Offensam illam nos intelligimus manifestam quae vel per confessionem vel probationem legitime nota fuerit aut evidentiâ Rei quae nulla possit tergiversatione celari We count that offence manifest which either by confession or by lawfull proofe comes to be knowne or by evidence of fact so as it can be hid by no tergiversations So that all was done in former times with mature deliberation upon examination and evidence produced and proved by such witnesses as against whom the d●fendant could lay in no just exception And not as now an accusation whispered against a man he knowes not by whom to which he must take his Oath to answer before he knowes what his accusation is Which Oath if he takes without further witnesse he is censured upon the witnes●e of his owne Oath If he takes it not he is sent presently to prison there to lie without Bayle or Mainprize till the insupportable miseries of his long durance compel him to take an Oath against Nature Scripture Conscience and the just Defence of his owne innocencie That our Bishops therefore and former Bishops are Two in the point of executing their Judicatory power we need spend no more time to prove But come to the third thing in which the difference betweene ours and former Bishops is to be evidenced SECT XII ANd that is State Imployment or attendance upon Civill and Secular affaires c. which both Christ and Saint Paul prohibits which prohibition reacheth every Bishop to speake in Chrysostomes words as well as Timothy to whom it is directed Nullus ergo Episcopatu praeditus haec audire detrectet sed agere ea omnia detrectet Let no man that is a Bishop refuse to heare what the Apostle saith but to doe what the Apostle forbids We deny not but that Bishops were in the Primitive times often incumbred with secular businesse but these were put upon them sometimes by Emperours who sought the ruine of the Church as Iulian of whom Niceph lib. 10. cap. 13. doth report that in Clerum coaptatos Senatorum munere ministerio perversè fungi jussit Sometimes the gracious disposition of Princes towards Christian Religion made them thus to honour Bishops thinking thereby to advance Religion as Constantine the Great enacted that such as were to be tryed before Civill Magis●rates might have leave to appeale ad Iudicium Episcoporum atque eorum sententiani ratam esse tanquam ab ipso Imperatore prolatam And this the Historian reckoneth as one argument of his reverend respect to Religion Sometimes the excellency of their singular parts cast Civill dignities upon them Tiberius granted a Questors dignitie unto a Bishop for his eloquence Chrysostome for his notable stoutnesse and freedome of speech was sent as the fittest man to Gainas with the Emperours command Sometimes the people observing the Bishops to be much honoured by the Emperour would sollicite them to present their grievances to the Emperour And sometimes the aspiring humour of the Bishops raised them to such places as appeares by Cyrill who was the first Bishop in Alexandria who had civill dignities conferred upon him as Socrates relates it from whom Civill authority did descend upon succeeding Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of whom Nicephorus therefore recorded Episcopatum majoricum fastu prophanorum Magistratuum more quam praedecessores ejus Episcopi ingressus est unde adeo initium sumptum est in Ecclesia Alexandrina ut Episcopietiam profana negotia curarent He entred upon his Episcopacie with more pomp then his predecessors with a pomp conformable to the Heathen Magistrates Both these Historians relate the sad consequence that followed upon this that Orestes the Roman Governour seeing his power much weakned by the Bishops interposing in secular affaires