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	ecclesiastical_a	jurisdiction_n	1,713	5	9.3902	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85896	The generall and particular acts and articles of the late national synod of the reformed Churches of France, assembled by the permission of the King at Charenton neare Paris, beginning the 26th of December, 1644. Where by the present estate of those churches, as also their doctrine and discipline may be knowne. With divers other remarkable passages, and letters from the King and Q. Regent of France, to the said synod, and of the synod to their Majesties, and other great personages. Never before printed either in French or English, and now faithfully translated out of a written French copy. Whereunto is added a formulary of baptisme for those who from paganisme, Judaisme, and Mahumetisme, are converted to the Christian faith; as also of those Anabaptists who have not bin baptised before, composed in the nationall synod set forth at Charenton in the yeare 1645. and now faithfully Englished.	Eglises réformées de France. Synode national (1644-1645 : Charenton-le-Pont); Anne, Queen, consort of Louis XIII, King of France, 1601-1666.; France. Sovereign (1643-1715 : Louis XIV)	1646 (1646)	Wing G488; Thomason E361_5; ESTC R201205	74,805	110

liberty of the Consistory to admit the father and sonne or two brothers in one and the same Consistory unlesse they be otherwise hindered of this the Colloque or Provinciall Synod shall take notice Article 6. A Magistrate may be called to the charge of an Ancient in the Consistory provided that the exercise of the one of the charges hinder not the other and that it be not prejudiciall to the Church Article 7. It is likewise left to the wisdome of the Consistory to call unto them Proposants although they have no charge in the Church but not without great causes and considerations It is decreed that the Proposants may not preach publikely The Synod of Charenton 1644. and 1645. confirme the Rule taken by the Synod of Gergeau and Rochel upon the undertaking of Proposants which intrude themselves into the Pul●its to make Propositions which are in stead of Sermons before the people in the ordinary dayes and houres of their assembling The Assembly of the Requisition of the Province of Xantaigne interdicts all Pastours and Consistories to suffer that course to bee practised in their particular Churches or to be brought in among them Article 8. The government of the Church shall be squared according to the Discipline as it hath been agreed on by the Nationall Synods and no Church nor Province may make an Ordinance which conformes not in substance unto the generall Articles of the Discipline to this end the Artic●es of the Discip●ine shall be read in the Consistories at the least in the time they Celebrate the Lords Supper and the Ancients and Deacons are exhorted to have every man a Copy of them to read and study them in their particular and at their leisure Article 9. The knowledge of Scandalls and the judgement of them appertaine to the Assembly of Pastours and Ancients The custome which is in divers places to make enquiry and to have a generall Censure of facts in the assembling of the people in the presence as well of men as women being condemned by the word of God the Churches are advertised to abstaine from it and to content themselves in effect with the ordinary censure agreed on by the Discipline Article 10. The Ancients shall be advertised not to report the faults of offenders unto the Consistory without great reason Vpon the 10 Article It shall be declared that although by disposition of right a Crime may be called publike which meriteth exemplary punishment howbeit wee call that publike which begetteth scandall or an evill example which comes to the notice of all or of many N●twithstanding that shall not hinder but that in pub●ike faults the circumstances be considered to proceed unto censures and corrections It shall likewise be declared that for light faults as private domestick and small injuries it shall suffice to admonish particularly the offender by any of the Consistory but as for publike faults which shall be scandalous by reason of the circumstances they may call the Delinquents into the Consistory to proceed there according to the circumstance of the fact Article 11 and 12. As also no man shall bee called into the Consistory without sufficient cause In the exercise of Ecclesiasticall Discipline they shall abstaine hereafter so far as they may aswell from the formalities as the termes which are ordinarily used in civill Jurisdictions Article 13. The faithfull may be exhorted by the Consistories yea summoned in the name of God to speake the truth so long as it derogates in nothing from the Authority of the Magistrate as also they may use accustomed Formalities in the protestation of an Oath charged by the Magistrate Article 14. When differences happen the parties shall be exhorted to make an accord by all amiable and friendly wayes but the body of the consistories shall not delegate Arbitrators neither shall they carry themselves as arbitrators onely they shall advise as particular men and in their private name Vpon the 14. Article They of the Religion which have processe and differences as well civill as criminall shall be seriously exhorted by the Pastours to indeavour an accord between themselves by the arbitrement of them which are of the Religion without going to law When Gentlemen shall be ingaged in any quarrell they shall be exhorted to subject themselves to the advise and friendly composition of their friends A certaine complaint being made that the Consistories too much trench upon the Magistrate taking Cognisance of Processes to determine them The Assembly Decrees that the Consistories shall bee advertised not to call Pleaders into their Consistory unlesse it bee them which by reason of their Processe commit scandalous offences yet notwithstanding they may exhort the Pleaders by all meanes to compromit their differences or otherwise to accord between themselves Article 15. Besides the admonitions which are made by the Consistories unto them which have offended if it happen that they use greater punishment and censure be it of suspension or privation for a time from the Supper of the Lord or of their Excommunication and cutting off from the Church The Consistory shall be warned to use wisdome in distinguishing the one from the other as also to weigh and examine diligently the faults and scandalls which shall be brought before them with all their circumstances that they may judge of the Censure which is most requisite Because the faults ought to bee corrected in the Church by the word of God and according to the rule of charity and that all are not grievous and scandalous some being enormous others lesse offensive some secret others publike They ought to accommodate the Censure and Reprehension according to the quality and greatnesse of the offences That in secret faults of which the offender shall repent they shall not bee reported unto the Consistory but onely those which they cannot correct by the first meanes or which being publike the Consistory may take Cognizance of and proceed to the correction of them by fitting censures weighing well the Acts with their circumstances to the end they may apply thereunto according to the exigent of the case fitting censures in such manner as it shall bee expedient to draw the sinner to repentance who to this end may by the authority of the Consistory be for a time deprived or kept back from the Supper of the Lord. And if there be need the more to humble him he may be finally Excommunicated and cut off from the body of the Church according to the order before expressed and declared especially if hee shew himselfe rebellious unto the holy admonitions and censures which shall be made unto him and continue obstinate and altogether impenitent But for that this remedy is the last and of all the most rigorous it ought not to be practised unlesse in an extremity after all other more gentle meanes have been tryed and because hitherunto it hath not been used as it ought neither yet hath been made that distinction which is requisite between this last Excommunication and suspension

the name and title of their Benefices and they which mixe themselves with Idolatrie directly or indirectly be it by enjoying their Benefices themselves or by the hands of another shall not be received at the Supper of the Lord. Article 5. Ministers shall not receive them which are of other Churches unto the Supper of the Lord. Article 6. A deafe and dumbe man which by signes and evident tokens and gestures shewes so far-forth as he may his Piety and Religion may be received to the Supper of the Lord when by long experience and holinesse of life the Church may perceive that he hath faith and shall truly have learned the knowledge of God Article 7. The Bread of the Lords Supper ought to bee administred unto them which cannot drinke wine they making protestation they doe it not out of contempt and essaying so farforth as possibly they may to put the Cup unto their mouthes It remaines in the liberty of the Pastours distributing the Bread and Wine to use the accustomed words the thing being indifferent provided they doe that which tends to edification Article 9. The Churches are admonished that it belongs to the Minister for to administer the Cup. Article 10. For as much as in the distribution of the Lords Supper many sick persons present themselves to the receiving of the Cup which causeth many to be unwilling to take the Cup and drinke after them The Pastours and Ancients are admonished hereafter to take order for it Article 11. 12. It shall not be permitted to any for time to come to present themselves to another Church for to receive the Supper of the Lord without the leave of a Colloque or Provinciall Synod Article 13. The faithfull which goe about to heare the word of God in one Church and to receive the Sacraments in another shall be censured Article 14. Though it hath been a custome in divers Churches of many places not to celebrate the holy Supper oftner then foure times in the yeare howbeit it is to be desired that they celebrate it more often the reverence required thereunto being kept as being a thing most profitable to the Church The Ancients of the Churches shall communicate at the Lords Supper with the Pastours in the beginning of the Action and the rest of the people in such order as the Consistory shall judge to bee expedient by the order of the Church Synod of Montaubeau CHAP. XIII Of Marriages Article 1. 2. 3. ACT. 6. of the Nationall Synod at Charenton in December 1644. and January 1645. The Province of Brittany having by their Deputies asked if it ought to be permitted unto Pastours to solemnize the Marriages of Cosin germans before they have obtained the dispensation of his Majesty The Synod forbids all to undertake any thing in that kind for that the contrary is expresly set downe in the particular expositive Acts of the Edicts Articles 4. 5. 6. Touching cosin germans be it by affinity or consanguinity the faithfull may not contract Marriages with them unlesse it bee permitted by the Edict of the King Article 7. 8. It is not lawfull to espouse the Sister of a mans Wife that is dead for such Marriages are forbidden not only by the Lawes but also by the word of God and although that the lawes of Moyses ordaine that when the Brother is dead without children the brother shall raise seed to his brother Howbeit that law given to the people of Israel was temporall regarding only the conservation of the lignage of the people there is another reason in the sister of the betrothed being dead because that the Alliance is not contracted by commixtion of blood Articles 9. 10. 11. No man may marry the Aunt of his Wife such a marriage being incestuous and when the Magistrate shall permit it it shall not bee solemnized in the Church wherefore the Pastours shall take care thereof and for the same reason it is forbidden to marry the Niece of a mans wife Article 12. Honesty and comelinesse permits not any man to marry the Widow of his wives brother Article 13. No man after the decease of his Wife may marry her with whom he had committed Adultery in the life-time of his wife Articles 14. 15. 16. The banes of Matrimony shall be asked in the places where the parties live and shall be well knowne Article 17. The Banes shall be asked three severall Lord● dayes Article 18. They which abide in places where the exercise of the Religion is not established may cause their Banes to be published in the Temples of the Roman Church because that it is a thing meerely politick Articles 19. 20. 21. 22. The Banes of Widdowes which shall Marry againe shall be published seven months and a half at the least after the decease of her Husband to prevent inconveniences and scandalls which may arise thereby Article 23. Marriages shall be publickely solemnised in the Assemblies of the faithfull and by the Ministery of Pastours and not of others Article 24. The Church shall not solem●●e Marriage in the dayes on the which the Supper of the Lord is administred nor on the Dayes of a publicke Fast CHAP. XIIII Of particular rules and advertisements Articles 1. 2. IT is not lawfull for the faithfull to intermeddle with any thing which hath had Idolatry joyned therewith But to hold Priories Castles Farmes and Rents to pay the Revenue unto Ecclesiasticks seeing they are temporall Lords it is a thing indifferent Notwithstanding the faithfull shall be admonished not to intermeddle much with such things if they finde any abuse in them Articles 3. 4. 5 Advocats and Proctours shall not give counsell in causes which are properly concerning benefices Article 6. Bishops Archdeacons Officialls such as they are at this present have no right of Jurisdiction Civill or Ecclesiastick how be it for that the faithfull are constrained to goe sometimes before them to obtaine their right which otherwise cannot be obtained they may have recourse unto them being sent unto them by the Magistrate unto whom they shall first addresse themselves Articles 7. 8. It is a thing unlawfull in it selfe to exercise civill jurisdiction and procurations under Ecclesiasticks Articles 9. 10. Because it is not lawfull nor expedient to goe to heare the Preachers of the Roman Church and others which intrude into that office without any lawfull vocation the flocke shall be hindred to goe to heare them by their Pastors and they which shall goe shall be called to the Consistory and censured according to the exigent of the case Articles 11. 12. 13. 14. 15. 16. 17. 18. Although the Priests falsly usurpe the tenths because of their administration yet ought they to be payd in regard of the Commandements of the King to avoide sedition and scandall Articles 19.20.21 All usury shall be straightly forbidden and men shall regulate themselves according to the Ordinanance of the King and the rule of charity Article 22. Swearers which rent the name of God by Oathes shall be severely

attending the coming in of their Countrey-men with cap in hand courteously saluting them and enquiring what businesse brought them to Towne not much unlike Water-men plying for a Fare But now they are growne to that height of pride that a man can hardly after long attendance come so neare a great Lawyers study-doore as to bid God save him without a fee or bribe Nor are their fees of meane value three pounds five pounds six pounds being usuall even for making a motion of five or six lines and if he be a Lawyer interioris admissionis a Privado or Favourite so much is well given to buy his silence that he appears not against you Oh misery poore men cannot go to the price of justice and rich men are oft undone by buying it Prevarication was so detestable to the Roman Patrons when they tooke no fees that hy the Decent virall Lawes it was enacted Patronus si Clienti fraudem fecerit sacer isto But when they practised for fees all-corrupting money taught them to sell their faith and betray their Clients Claudian in Ruffin Profers arcana Clientes fallit Walter Norborne Nor is it an unusuall thing for a Lawyer to be of Councell with one party and to prevaricate and be of confederacy under hand with the adverse party By these means though there are so many Lawyers besides Attourneyes Clerks and Sollicitours to spring game for them that they can hardly live one by another that the multitude of Professors scandalizeth the profession and oppresseth the Common-wealth yet many of them rise from nothing to great estates five thousand pounds six thousand pounds nay ten thousand pounds twelve thousand pounds land by the year to the admiration and detestation of Forrainers and purchase Baronies and Earledomes But this bought Honour is Honour the Whore not Honour the Virgin And this is an evident demonstration of a decrepit Common-wealth when these necessary Evills do so encrease and multiply upon us Nor do our Lawyers practise any thing more than to please their more litigious Clients by evading Lawes and Statutes with intricate Pleadings Mis-constructions and Delayes and where they faile by enervating the Lawes under a pretence of Equity in Chancery This Court was Griginally Officina Juris the work-house where Originall Write were made it received Inquisitions and Offices post mortem and dealt in some other businesses assigned to it by Acts of Parliament and the Lord Keeper or Chancellour had the keeping not only of the Kings Great Seale but of his conscience also and did right to many men upon supplication to him of wrong and torts done them by the King his immediate Officers or Tenants over-ruling that Law Maxime The King can do no wrong where Equity sharper sighted then the Law saw a wrong Spalman trifariam facit Cancellariam 1 Ministralem que originis antiquae 2 Judicialem seu forensem quae mediae antiquitatis 3 Praetoriam quae recentioris originis est hoc sensu Recordi Curia non habetur huic subjiciuntur casus Anomali exorbitantes But very few ages since the Lord Keeper under pretence of keeing the Kings conscience takes upon him to have an-oare in everie mans boat a conscience in every mans case but his owne and exercises a Pretorian power Secundùm Aequum Bonum according to equity and good conscience Under which notion the Jurisdiction of this Court hath verie lately over-flowne the Land like a Del●ge so that all sorts of civill causes first or last are ventilated there and all other Courts are but Courts of Pie-pouldier in comparison And yet it ought to meddle but with three sorts of businesses 1. Breach of Trust Take away the the Statute of Uses whereof we have little use and this clause in almost gone 2. Combinasions Which are now made the impudent suggestions of everie Bill though never so apparently false only to hold in the cause which is a cleare confe●sion that frauds and deceits are the greatest things that this Court ought to deale in Yet it is now become the common Sanctuary for all brabbling and deceitfull persons which ought to be a shelter for the simple and oppressed 3. Accidents Casus fortuiti As when a man travelling with money to pay his debts falls into the hands of Theeves whereby he is enforced to fotfeit his security Yet in this case the Common Law-Courts may give a remedy and doe Nor doth it appeare upon what grounds in Law the Lord Keeper hath Conusans of these three recited points But now if a man have but communication of a Bargaine with a litigious crafty person he will by the help of that thing called Equity cry it up for an absolute Bargaine and enforce the performance of it Nay contrary to the Statute 4. H. 4. c. 23. this Court is grown to that boldnesse as to examine Judgements given in the Kings Courts though anciently the Kings Bench did reverse Errours of the Chancery whereby suits are revived and have more then one life and become almost immortall What sute of Buffe lasteth halfe so long Nay the sutes which the children of Israel wore in their forty years peregrination thorow the wildernesse were of no durablenesse in comparison This Examination of businesses after judgement at the Common-Law was countenanced by K. James in the yeare 1614. who affecting to weaken the power of the Lawes and to have all Lawes in scrinio pectoris within his owne and his Lord-Keepers brest whom he can displace at pleasure knew that the frequent use of equity in Chancery was a more hidden and powerfull way to undermine our Lawes and bring all our Rights and Properties under an arbitrary power then his boysterous Prerogative Royall freer from envy and fitter to exstinguish common concord and to divide Families by multiplicity of Suits which all immoderate Princes desire their rule being Divide impera And this is Hist H. 7. Bacons meaning where he saith Such were our Judgments for Ship-money 1. Fore-judged at Court 2. Seemingly argued in the Checquio Chamber 3. Adjudged there according to the said fore-judgement H. 7. would governe his People by his Lawes yet would governe his Lawes by his Lawyers That is They should first consult with him or his Favourites what interpretation to put upon the Lawes As the Mufti at Constantinople privately doth the Grand Seignior before he gives out his definitive Sentences and Oracles to the People whereby they may be more serviceable to the State both the Law and the Gospell under subtill Princes being Organa politica Instruments of Government politique Scarro-Crowes The premises considered I wonder not that De Regno Britan. He was Ambassadour here for the King of Spaine Phil. Honorius saith Cùm à Gulielmo Conquestore quod perinde est ac Tyrannus institutae sit Leges Angliae admirandum non est quòd solam Principis utilitatem respiciant Subditorum verò bonum desertum esse videatur plenaeque sunt tricarum ambiguitatum sibíque contrariae fuerunt siquidem