Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	england_n	king_n	pope_n	3,876	5	6.8205	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A30986	That the bishops in England may and ought to vote in cases of blood written in the late times upon occasion of the Earl of Straffords case / by [a] learned pen ; with some answers to the objections of the then Bishop of Lincoln, against bishops voting in Parliament.	Barlow, Thomas, 1607-1691.	1680 (1680)	Wing W2677C; Wing B845; ESTC R17167	16,504	22

they backed with one of the Canons of the Apostles as they call them the 7th in Number yet is it clear their main Authority is fetch'd from this obscure Synod of Toledo where 18 Bishops only were convened under Bamba the Goth who of a Plow-man was made a King and of a King a cloistred Monk as you may see in the History of Rodericus Santius par 2. cap. 32. This is all the goodly ground that either Gratian in his Decrees or Innocentius the 3d in the Decretals or Roger Hoveden in his History alledge against the Ecclesiastical Peers and their sitting as Judges in Causes of Blood to wit this famous Gothish Council of Toledo The first that openly planted this Canon here in England was Stephen Langton a Cardinal the Popes Creature as his Holyness was pleased to stile him in his Bull and thrust upon the See of Canterbury by a Papal Provision where he continued in Rebellion against his Soveraign as long as King John lived This Arch-Bishop under Colour of Ecclesiastical Immunity as this Canon is Marshalled by Lindwood at Osney neer Oxford did Ordain Ne quis Clericus beneficiatus vel in sacris ordinibus constitutus that no Clergy-man having a Benefice or otherwise in Holy Orders should presume to be present in that place Vbi judicium sanguinis tractatur vel exerceatur And this is the first Canon Broached in this Kingdom to this Effect That of Othobon being subsequent in time and a meer Forraign or Legatine Constitution See it at large in Lyndwoods Constitu lib. 3. at the end of the Book And by Vertue of a branch of this very Constitution the now Arch-Bishop 2 years sithence Fined the Bishop of Glocester in the High Commission because he had given way in time of Pestilence only that a Sessions or Judgment of Blood might be kept in a Sacred place which was likewise Inhibited in this Canon But this admits of a Multitude of Answers 1. Quod haec Dictio Clericus ex vi verbi non comprehendit Episcopum This word Clerk in the Canon Law reacheth not to a Bishop or a Peer of the Realm saith Lyndwood in his third Book cap. de Locatis Conductis 2. The Irregularity incurred by Judicature in Causes of Blood is only Jure positivo and therefore dispensable by the Pope saith Covarruvias in Clem. Si furiosus Par. 2. § 5. no 1. And here in England it is Dispenced with in Bishops by the King who in his Writs or Summons to the Parliament Commands the Lords Spiritual without any exception of Causes of Blood to joyn in all Matters and Consultations whatsoever with the Temporal Peers of the Kingdom these Summons being unto them a sufficient Dispensation so to do And Othobon himself Inhibiting other Clerks to use these Secular Judicatures hath a Salvo to preserve the Priviledges of our Lord the King whereby he may use any of their Services in that kind when he shall see Cause in the Title called Ne Clerici jurisdictionem saecularem exerceant A Lyndwood in his Gloss upon that Text doth instance in the Clerks of the Chancery and others Nor are these Writs of the Bishops Dispensations only but Mandates also and Bishops have been Fined at the Kings-Bench and elsewhere for Absenting themselves from Counsels in Parliament as now they are required to do without the Kings special leave and Licence first Obtained 3. When they are forbidden Interesse to be present the meaning is not in the very Canons themselves that they should go out of the Room but only that they should not be present to add Authority Help or Advice to any Sentence Pronounced against a particular individual Person in a Cause of Blood or mutilation of Members If he be present Authorizando consilium opem vel operam dando then he Contracts an Irregularity and not otherwise saith our Lyndwood out of Innocentius And the Canon reacheth no further than to him that shall Pronounce Sentence of Death or mutilation upon a particular Person For Prelates that are of Council with the King in Parliament or otherwise being demanded the Law in such and such a Case without naming any individual Person may Answer generaliter loquendo as that Treason is to be punished with Death and a Counterfeiter of the Kings Coyn is to be Burned c. Cardinal Hostiensis lib. 2. cap. de fals monet Allowed by John Montague de Collatione Parliamentorum in Tractat. Docto● vol. 10. pag. 121. 4. These Canons are not in Force in England to bind the Subjects of this Kingdom for several reasons 1. Because they are against his Majesties Prerogative as you may see it clearly in the Articles of Clarendon and the Writ of Summons and therefore abolished by the Statute of 25º of Henry the 8 th It is his Majesties Prerogative declared at Claredon that all such Ecclesiastical Peers as hold of him by Barony should Assist in the Kings Judicatures until the very actual pronouncing of a Sentence of Blood And this holdeth all along from Henry the first down to the latter end of Queen Elizabeth who imployed Arch-Bishop Whitguift as a Commissioner upon the Life of a Personage not to be named without Horror and as the first keeper and examiner of Robert the most Noble Earl of Essex after that Commotion in London And to say that this Canon is Confirmed by Common Law in this Kingdom is a very Tale there being nothing in all the Common Law that tends that way 2. It hath been Voted in the House of Commons this very Sessions of Parliament that no Canons sithence the Conquest either Introduced from Rome by Legatine Power or made in our Synods never had in any Age nor yet have at this Instant any Power to bind the Subjects of this Realm unless they be Confirmed by Act of Parliament Now these Canons which Inhibit the presence of Church-men in Causes that concern Life and Member were never Confirmed by any but seem to be Impeached by diverse and sundry Acts of Parliament 3. The whole House of Peers have this very Session despised and set aside this Canon Law which some of the young Lords cry up again in the same Session and in the very same Cause to take away the Votes of the Bishops in the Case of the Earl of Strafford For by the same Canon-Law that forbids Clergy-men to Sentence they of that Coat are more strictly Inhibited to give Testimony in Causes of Blood Nec etiam potest esse Testis vel Tabellio in Causa Sanguinis saith my Lyndwood fol. 146. pag. 2. For no man co-operates more to a Sentence of Death than the Witness upon whose attestation the Sentence is principally Founded saith Lopez in his Practica Criminalis Cap. 98. Dist. 21. And yet have these Lords admitted as Witnesses produced by the Commons against the Earl of Strafford the Arch-Bishops of Canterbury and Armache together with the Bishop of London the which Lords now Command all Bishops to withdraw in the