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A49529 Episcopall inheritance, or, A reply to the humble examination of a printed abstract of the answers to nine reasons of the Hovse of Commons against the votes of bishops in Parliament also a determination of the learned and reverend bishop of Sarum Englished. Langbaine, Gerard, 1609-1658. 1641 (1641) Wing L367; ESTC R22130 27,048 63

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Praepositus aut minister Regis nec aliquis Laicus homo de legibus quae ad Episcopum pertinent se intromittat nec aliquis laicus homo alium hominem sine justitia Episcopi ad judicium adducat Iudicium verò in nullum locum portetur nisi in Episcopali sede aut in illo loco quem ad hoc Episcopus constituerit And the punishment for disobedience to the Ecclesiasticall Iudges was much alike as formerly was enacted under the Saxon Kings As by King Alured Si quis Dei rectitudines aliquas disforciet reddat Lashlite cum Dacis Witam cum Anglis And the same law is afterwards confirmed and renewed by King Canutus by other Kings whereby it appeares how before the Conquest and likewise after for a long time the authority and jurisdiction of the Church was maintained and upheld by the setled lawes of the Kingdome How they had power in their Courts to excomunicate and further by the helpe of the King and the Sheriffe to proceed against stubborne offendors and such asopposed or contemned their authority so that here is the present practise and law confirmed by many hundred yeares continuance And this is according to that which Iustinian saith of all spirituall causes in the Novell 123. si pro criminal si Ecclesiasticum negotium sit nullam communionem habento civiles Magistratus cum ea disceptatione sed religiosissimi Episcopi negotio finem imponunto If it be an Ecclesiasticall suite let the civill Magistrates have nothing to doe there with that plea but let the Bishops end it Whereby it appeares that Prohibitions from the temporall courts were not then allowable which certainly came not into use till after the Councell of Clarendon under Hen. 2. Wherein the Clergy were inforced to appeare in the temporall Courts one Canon thereof being Clerici accusati de quacunque re summoniti à Iustitiario Regis veniant in Curiam responsuri ibidem de hoc unde videbitur Curiae Regis quid ibi sit respondendum et in Curia Ecclesiastica unde videbitur quod ibi sit respondendum Ita quod Regis Iustitiarius mittet in Curiam sanctae Ecclesiae ad videndum quo modo res ibi tractabitur Et si Clericus vel confessus vel convictus fuerit non debet eum de caetero Ecclesia tueri But touching this and the rest of the Constitutions in that Councell Matth Paris doth sharply inveigh against them Hancrecognitionem sive recordationem de consuetudinibus et libertatibus iniquis et dignitatibus Deo detestabilibus Archiepiscopi Episcopi et Clerus cum Comitibus Baronibus et proceris juraverunt And as he addeth His itaque gestis potestas laica in res et personas Ecclesiasticas omnia pro libitu Ecclesiastico jure contempto tacentibus aut vix murmurantibus Episcopis potius quàm resistentibus usurpabant And this appeareth also by that which Mr Selden relateth in his notes upon Eadmer pag. 168. that long after in Ed. 1. time the Clergy had so many oppositions and hinderances in their proceedings from the temporall Courts that they exhibited a petitionin Parliament wherein they recitethe grant and Constitution of Will 1. allowing them their owne Courts by themselves and specify their complaints particularly which hecalleth Gravamina Ecclesiae Anglicanae and saith they arethose mentioned in the Proeme of Articuli cleri And in this age we have great cause to complaine of Prohibitions but whereof I will say no more now as for the temporall Courts the Conquerour appointed them to follow his Court Royall which custome continued for many yeares till under King Iohn at the instant request of the Nobility it was granted Vt communia placita non sequentur curiam 1. Regis Sed in loco certo tenerentur That the Courts of Iustice for common pleas should not follow the Kings Court Royall but be held in a place certaine as now commonly they are in Westminster Hall Whereas before the Kings appointed one Grand-Lord chiefe Iustice of all England who for his authority and power was a greater Officer both of State and Iustice then any in these last Ages ever since that Office was diminished by King Ed. 1. and most of those great Iustices were Bishops till at length the Pope forbad it XXIIII But the Courts being now divided in the kingdome many hundred yeares the Ancient manner is forgotten and unknowne save only to the learned and the scarres of the Norman Conquest are so overgrowne that few men are sensible what reliques of slavery doe still remaine upon us by changing the order of the Courts the language of the law in great part with other things that I will not now mention But being so setled by the Conqueror and continued by his successours the Temporall Courts in processe of time grew too powerfull for the Ecclesiasticall and by their Injunctions and prohibitions stopt many proceedings especially after the Councell of Clarendon under Hen. 2. Wherein the power of the Clergy was much abated And all Ecclesiasticall Iurisdiction so crushed that it continued lame ever after although the Clergy by appeales to Rome did oftentimes help themselves and much molest their adversaries At length under Hen. 8. upon his breach with the Pope the Ecclesiasticall Iurisdiction was much abridged and restrained in very many particulars and reduced to a narrow compasse becoming much more subject and obnoxious to the Injunctions orders and prohibitions of all the Temporall Courts that now I marvell that any should complaine or envy at their power or greatnes there being no cause of any value or moment but by one order or other isdrawne from them to the Temporall Courts And now at last there want not some that would have all Ecclesiasticall Authority and Iurisdiction either wholy suppressed from the first Court to the last or at least so abated mingled or changed that what forme or force of government shall be left remaining seems very uncertaine But if Presbyteries and such like consistories of the forraigne and new fangled devising were erected there will follow great confusion and disorder to the infinite disturbance of peace and quietnesse in the kingdome by alteration ofso many lawes and customes and of the common law it selfe whereby the kingdome hath been governed so many yeares and setled in peace and all mens estates and lands held in certaine possession For such great and universall changes as will follow upon the dissolution of the Hierarchy and taking away their votes in Parliament and other eminent parts of government will produce such ill events and troublesome distractions as will not be pacified within the compasse of any mans life now in being Which I heartily pray God to prevent and by his good spirit so to direct and blesse the endeavours and counsells of the supreame Court of Iustice now assembled that all our feares and doubts may bee quieted and the voice of peace and truth restored to our dwellings