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A43922 The History of the divorce of Henry VIII and Katharine of Arragon with the defence of Sanders : the resutation of the two first books of the history of the reformation of Dr. Burnett, by Joachim le Grand : with Dr. Burnett's answer and vindication of himself. 1688 (1688) Wing H2157; ESTC R12003 14,763 16

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Reputation of C. Campeggio that I call'd Rodulphus Bastard since I quote the very Discourse wherein he is so called which was Compos'd by Sr. William Thomas Secretary to the Privy Council under the Title of The English Pilgrim I had the misfortune not to have seen the Life that was written by Sigonius so that it is only a fault of Omission which the Author would aggravate into a malicious Invention And I make this acknowledgment of my Error so much the more frankly because it is the only mistake among all the rest of which the Author accuses me that is well grounded II. M. Le Grand labours to destroy the Authority of the Decision of the Sorbonn in favour of Henry But in regard this Decision was printed the Year following and acknowledged for true and real since no person in those times taxes it of being counterfeited we have no reason now to suspect it for neither does Cardinal Poole who was then at Paris when it was made nor any other writer of the Roman Communion tax the King of Imposture upon that occasion Add to this that the Bishop of Tarbes being continued to sollicit in Henry's behalf at the Court of Rome after he was made Cardinal and that the King had publickly acknowledged before the Legates how privy that Prelate had been to his Scruples conceived upon his Marriage has given an undeniable Confirmation of this matter whatever our Author says to the contrary The same thing is to be said of the Sorbonn for that never having been charged with falshood in the particular of this Decision there is no question but that they made it So that all M. Le Grana's Arguments can never prove any thing more than only that it has occasioned great Disputes and that Beda was a real promoter of Sedition By the way we may observe that the Ecclesiasticks of France were very ill satisfied with the Conduct of Francis the First who had sold their Liberties by the Concordate of which the University of Paris was so sensible and for that reason full of Male contents And therefore it might be perhaps that so many of the French Clergy were so ill affected to Henry's Cause because they knew that Francis the first so passionately supported his Interests After all the Author confesses That he found in the scrutiny Fifty three voices for the Divorce and Forty two against it and Five that were of Opinion that the matter should be referr'd to the Pope And this is sufficient to justisie the printed Decision which only says That the greatest number of Doctors were for the Divorce and declared the Marriage illegal which may serve for an Explanation of the words of the Letter of the first President That that same Declaration would do the King more hurt than it would advance his Affairs In regard all the other Universities had judged in his Favour whereas the Opinion of the Sorbonn favour'd him only by the plurality of voices III. The Author who pretends to publish an Extract of the Reasons which the Favourers of Henry alledged against his Marriage has forgot the Principal and that which supported all the decisions of the Romish Church that is to say That the Scripture explained by Tradition is the Rule according to which all Controversies are to be determined They alledged a perpetual succession of Provincial and general Councils of Popes and the Chief of the Greek and Latin Fathers particularly the Four most famous Fathers of the Western Church whereas the Imperialists had neither Father nor Doctor on their side Nevertheless the Author says no more but that the English quoted the Canons of some Provincial Councils concerning Incontinency with certain passages out of Tertullian St. Basil and St. Jerom about Virginity and against second Nuptials I am sure the Reader must here take notice That there is something wanting in this Relation which is more essential to an honest Man than a great stock of Capacity For the Canons of Councils and the Passages out of the Fathers which they quoted speak expresly of the Degrees of Marriage forbidden in Leviticus He names Three Popes whose Letters they produced but he passes over in silence the Chief in reference to England who was Gregory the Great For the Saxons being converted at what time he held the See this Pope gave express Order to Austin the Monk to disannul all Marriages that had been contracted with Brothers Wives Now England having submitted to this Law upon its first embracing Christianity they who defended the Kings scruples looked upon this as the Principal Foundation of his Cause So that if M. Le Grand would have acquired the Reputation of a sincere Historian he ought to have mentioned this Particular Moreover he should not have passed over in silence as he does all that was alledged against the Power which the Popes assume to themselves of dispensing with all Ecclesiastical and every the Divine Laws themselves Nor ought he to have forgot that other great Reason urged by the King that according to the Canons of the Council of Nice the determination of that matter belonged of right to the English Church and not to the Pope If the Author be a True Member of the Gallican Church he ought to grant these Maximes and if he would be thought a Faithful Historian he ought not to pass them over in silence But though he do not set down all the Kings Reasons he adds several New Reasons to the Queens pleading which her Advocates never dream'd of and we do not meet with in any Story or Relation of that time They all tend to prove that the Rules touching the degrees of Consanguinity have not been always observed in Marriages with the same Exactness But the Church is governed by Rules and not by Examples As for the Law of Deuteronomy which permitts a Man to Marry his Sister-in-Law if her Husband died without Children it has been always considered in the Christian Church as an Exception to the General Rule so that in regard it was only made in favour of the Jews and with reference to their Right of Succession it was abolish'd together with their Republick whereas the Laws of Leviticus concerning this Matter are to be look'd upon as Laws that are Moral and Universally received In a word if you will take the pains to compare the Books that have been written upon this Subject with the Extracts which M. Le Grand and my self have given of them you will presently find that he writes with no Sincerity at all who descends to a Nicety For my part I shall not Envy him the High Opinion he has of his so long as Men will but acknowledge me to have writ sincerely and without the Byass of Interest IV. Our Author says that the Parliament abolish'd the Oath which the Bishops swore to the Pope at the time of their Consecration and form'd another which they were to swear to the King But this is not that which he calls understanding
to the Bottom the Laws and History of England For the Truth was this They read in that Assembly the two oaths which the Bishops took the one to the Pope the other to the King and in regard they found them to be Contradictory as being two oaths of Homage and Fidelity which could only be sworn to one Soveraign they abolish'd that which was made to the Pope and let that stand in it's full vigour which was sworn to the King I have given an undeniable Example of their oaths sworn to the King by the Bishops in former Ages which is to be seen in an Act at the head of the Collection of the Pieces that justifie my History If M. Le Grand had only the French Translation where those Pieces are not he might have consulted the English Edition at Mr. Bulteau's where they are all to be seen He might have there seen in the Act which I cite Cardinal Adrian renounce not only all the Clauses of the Bulls which were contrary to the Kings Prerogative or the Laws of England but also swear an Oath of Fealty to the King in the same Terms which our Kings have since continued to receive them from the Bishops The Oath to the Pope which is an Innovation not known till before the XII Age contains besides so many large and unlimited Clauses which neither accord with the Doctrine of the Gallican Church nor with that submission and duty which Prelates owe their lawful Prince since it is apparently an Oath of Homage and Fidelity to a Foreign Power V. Mr. Le Grand labours might and main to make Cranmer to be look'd upon as one of the most wicked men in the world He accuses me for making him a Gentleman but I have said nothing of it though I well knew him to be so not believing that Quality considerable enough to be mentioned in the Eulogies due to the memory of so great a Personage He cannot believe That Cranmer was in Germany when Warham died nor that he was named in his Absence to be Bishop of Canterbury nor that he stay'd Seven weeks after he received the News of his Nomination because he assisted at the Marriage of the King with Anne Bolen He cannot allow what I say That this Affair went on slowly since it was but three Months between September and January before this Prelate was known to be exalted at Rome Nor will he be perswaded That the Provincial Synod of Canterbury pronounced any positive sentence upon the Marriage of the King See here more mistakes than Varillas himself could have been guilty of For in the Criminal Process against Cranmer which is Printed we find that he calls his Judges to witness with what reluctancy he accepted the Primacy of England and that he did not return out of Germany till Seven Weeks after the King had signified to him his Intentions Nor did the Bishops who knew his Judges and who had been Eye-witnesses of his behaviour at that time say any thing to it as not being able to contradict what he said Twelve Weeks passed from the Twenty third of August that Warham died to the Fourteenth of November that the King was married so that although the Courrier had staid Fifteen days by the way Cranmer might have delay'd his departure for Seven Weeks and yet have come time enough to be at the Nuptials of the King But our Author to change Five Months into three excludes September and January out of his Account for this only Reason That he found it requisite to retrench them As for the Judgment of the Synod of Canterbury the Sentence of Divorce has it in express Terms That the two provincial Synods of England had decided the King's Cause But M. Le Grand above all things makes it a Crime in Cranmer that he took an Oath of Obedience to the Pope when he was consecrated and for that he made a Protestation by which he gave divers Restrictions to the said Oath But he reports all that he says concerning this Matter upon the Authority of certain passionate Scriblers and quite contrary to the Faith of the publick Acts. The Protestation of the Archbishop was read twice before the Altar while he was consecrating and it is clear that he had no design to make use of Equivocals since what he did he did in publick and for that the Bishops usually made Protestations by which they renounced all Clauses of their Bulls which were contrary to the Kings Prerogative It seems the Canonists accustomed to this doubling Equivocation had so much Power over Cranmer as to encline him to take the Oath and restrain it by a publick Protestation made at the same time so that if he did any thing amiss in so doing it was rather a Defect of Judgment in that Prelate than any want of Sincerity VI. The Author says that the King pardoned Moore and Fisher the Business of the Maid of Kent and though he confess that the first ridicules her for an idle silly Nun in one of his Letters yet he seems not to have seen a long long Letter of Moore 's which I published in my justifying Pieces belonging to the Second Volume where he speaks of the pretended Revelations of that religious Wench as one of the most horrid Impostures that ever were As for Fisher whatever the Author says he was condemned for favouring that Imposture To this M. Le Grand adds That the Chancellour having demanded of Fisher and Moore what they thought of the Statutes made in the last Parliament they would make no Answer only they said That being cut off from civil Society they minded nothing but their Meditation upon their Saviour's Passion which Answer cost them their Lives Here is a Corruption of History which I shall not call so bad as it deserves which is so much the more odious for that writing things as they were transacted and according to publick Acts he could represent them after a manner so favourable to his own Cause These two great Men were condemned at first by virtue of a Praemunire which is loss of Goods and perpetual Imprisonment for having refused to take the Oath concerning the Succession by reason of the Kings Marriage according to an Act of Parliament After that they were farther prosecuted because they opposed the King's Supremacy or his Title of the supreme Head of the English Church There is one thing too in Moore 's Process which might be sufficient to make a Man Guilty of High Treason where he says That a Parliament can both make a King and depose a King Now In regard I have consin'd myself within these Six Heads I shall go no farther but the abundance of Matter makes me that I have much ado to hold here I cannot but wonder the Author has forgot so many important Things in his History and that he could find in the Collection of Letters printed by Camuzat which I never saw until he did me the Honour to give them unto me He