Selected quad for the lemma: cause_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
cause_n great_a king_n see_v 4,869 5 3.5371 3 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A81335 A brief discourse proving independency, in church-government, destructive to the positive lawes of this kingdome, and inconsistent therewith. By Robert Derham, of Grayes Inne, Barrister. Published according to order. Derham, Robert. 1646 (1646) Wing D1096; Thomason E344_10; ESTC R200959 7,105 16

There is 1 snippet containing the selected quad. | View lemmatised text

Ecclesiasticall Law corroborating strengthening or assisting woven and interlaced with them are all at one blow cut off and destroyed Also the Common Law Courts à fortiori then the High Court of Parliament have supreme Power in moderating the exorbitancies of the Spirituall Jurisdiction if the Spirituall Courts incroach upon the Common Law yea upon one another as it hath been too familiar of late times especially See before he is free in all cases so long as he continues in the brotherhood the Kings-Bench or Common Pleas by prohibition have power to curb and restrain them although the Common Law holdeth no Plea of them I need not to give you some examples the Law is so plentifull herein I believe Independency frees from the If they will not cast out of their Society a hainou● offender against the lawes what remedy Power of the Civill Magistrate in Matters Coram non Judice as the Law saith as well as in Causes within their cognizance But peradventure it may be objected their Power shall bee regulated their Jurisdiction shall be knowne and if Vpon the point they will assume all d●spensati●n of justice in all cases to themselves and the civill Magistracy shall be contemptible they exceed their limits they shall be under Censure of the Law If this should be admitted which how true it may be I know not yet in causes pertaining unto them it will not be so they will grant no dependency upon the Temporall State in matters Ecclesiasticall the Common Law nor Parliament shall have nothing to do with their judgements which supreme Power hath been by great Antiquity invested both in the Common Law and in the High Court of Parliament yea although in things pertaining to spirituall Jurisdiction and the ground of this you shall see presently I will cite you but two Statutes by which you See the pr●●mble of the said Act of 21. H. 8. Parliaments have power not onely to dispense but to abrogate adnull amplifie or di … sh all human● Ecclesiasticall or Temporall lawes by naturall equity and good reason shall perceive that both in Doctrine and Discipline in the Church the supreme Power hath rested in the civill Magistrate and doth so continue to this day the one is 25. H. 8. 21. granting the Parliament power to enact any thing not repugnant to Holy Writ yea even in matters of Faith and Doctrine in the Church also note the words of this Act further viz. Not minding to seeke for any reliefes suc●ours or Nota. remedies for any wordly things and humane Laws in any cause of necessity but within this Realme at the hands of your Highnesse your Heires and Successours Kings of this Realme which have and ought to have an imperiall Power and Authority in the same and not obliged in any worldly causes to any other Superiour Where observe the largenesse of the words Humane Lawes comprizing whatsoever in Doctrine not repugnant to Scripture or Discipline for the Government of the Church by the King and his great Councell the Parliament shall bee judged expedient as you may see in another branch of this Act immediately fore-going it must be intended The King viz. in his politike capacity conj●yned and united with his High What will become of independent Synods if no Synod be to be called but by the civill power Court of Parliament for so are the expresse words of that branch giving the King Power with the Nobles and Subjects and so must of necessity the second branch be interpreted the other Act is 25. H. 8. 19. enacting no Constitutions Ecclesiasticall of force or to be of force without the royal assent None to be made in fut without leaue and that none be executed repugnant to the Lawes of this Realme What now becomes of this Independent-Government Those already made to be perused by the Parliament if it be contrary to the Lawes of this Realme as it is manifest it is unlesse you destroy Co. Iurisd of Co. tit Convocation the Kings Ecclesiasticall or Temporall or Civill Lawes yea the great mulcts added by the Lawes of this Land by way of assistance or corrobation to many spirituall offences by fine and imprisonment death c. ut poena ad paucos metus ad omnes perveniat wholly lost and taken away by this new frame of Government for sure this Independent State will never demand that Power since no Ecclesiasticall Jurisdiction ever of right enjoyed it I meane the Power to fine and imprison onely Power of imprisonment granted to Bishops and others having Episcopall Jurisdiction and that of Priests only but still the power of Appeal saved by 1. H. 7. 4. What will also become of their power of Excommunication Major or Minor unles they crave aid of the Civill Magistrate to have a Writ of Excommunicato Capiendo who will regard their excommunication it will be but contemptible without the Lawes of this Realme to aid and assist them Thus you see they enervate halfe the Laws of this Kingdome yea their owne strength as formerly I have shewed you by this Anarchy as I may term it They make their owne power despicable being they seeke to abrogate those Lawes which do and must strengthen and assist their Jurisdiction unlesse you will say they shall have that vast Power of fine and imprisonment before-mentioned which surely will never be granted unto them for that were Misera Servitus that a mans body sh●uld rot peradventure with imprisonment his Salvo Contenemeno mentioned in the Laws of this Land so often destroyed and yet no Habeas Corpus the precious liberty of the Subject in course of Justice to be obtained nor any prohibition or legall proceedings to rectifie these enormities The Turkish tyranny were as tolerable Thus I hope I have plainely proved the Ecclesiasticall State must in all things be in Doctrine and Discipline subordinate to the Civill Government as before is specified or else you nullifie and destroy the Lawes and Statutes of this Kingdome It remainoth now to show you the reason why Parliaments of this Land have alwayes exercised this supreme Power over the Ecclesiasticall State one reason was I conceive because the Civill Law which concerneth much the Ecclesiasticall Jurisdiction here established used the same power in the time of the Roman Emperours both before and after they had received the Christian Faith for the space of three hundred yeares after Christ and the distinction of spirituall and temporall causes in point of Jurisdiction was not then known but all Power was in the Civill Magistrate But afterwards out of a zeale they had to grace and Se● Ridley in his view 115 116 117. honour the godly and learned Bishops of that time they were pleased to single out certaine speciall causes wherein they granted Jurisdiction unto the Bishops namely in cases of Tithes because they were paid to men of the Church in causes of Matrimony because Marriages were for the most part