Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	king_n	law_n	prerogative_n	1,605	5	10.3114	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43638	The test or tryal of the goodness & value of spiritual-courts in two queries: I. Whether the statute of I Edw. 6.2. be in force (against them) at this day, obliging them to summon and cite the Kings subjects (not in their own names and styles, as now they do, but) in the name and stile of the Kings Majesty (as in the Kings Courts Temporal) and under the seal of the Kings arms? II. Whether any of the cannon-law, or how much of the cannon-law is (at this day) the law of England, in Courts Christian? Highly necessary to be perused by all those that have been, or may be cited to appear at Doctors Commons. By Edm. Hickeringill.	Hickeringill, Edmund, 1631-1708.	1683 (1683)	Wing H1829; ESTC R216804	57,574	47

namely the lessening and diminishing the Papistical Numbers and therefore in this time your Majesty hath especial Cause to employ them if it were but as the Emperour Frederick the Second employed the Saracens against the Pope because he was well assured that they only would not spare his Sanctity The CONCLVSION THerefore certainly Solomon knew what he said when he said That the Throne is establisht by Righteousness and Justice For Justice or which is all one the Law is the only sure foundation of the Throne which William Sirnamed the Conquerour so well understood that he post-pon'd or wav'd his Title to England as Conquerour and a long Sword deriving it against Earl Harold that Usurpt his Crown from King Edward the Confessor his immediate Predecessor as his next Heir by nature 'T is true Coke calls him William Bastardus and the Common-law sayes at least to all Subjects Bastardus non haereditabit a Bastard shall not Inherit but whether King William had any reason or rather was mistaken to think it too low to reach the Laws of the Crown though afterwards Illegitimacy upon another score so declared by Acts of Parliament proved not a sufficient Barr to seclude either Queen Mary or Queen Elizabeth from the Imperial Crown of this Realm or whether it was but King Williams meer fancy or that he had some other Title by the Will of King ●dward concerns not us at this distance so much as to enquire further than to say what all History agrees in negatively he did not claim his Right to the Crown by his Sword or by laying his Hand upon his Hilt but gently like other Successive Kings of England took the Coronation Oath and vowed observance of and Obedience to the Laws For the Throne of England is more stately magnificent and well-grounded than to stand upon so Ticklish a point as the Point of a Sword be it never so long a Sword much less should it stand upon so tottering a Lottery as to come to measuring of Swords or the long Cut carry it Especially since the Law of God and Nature teaches the vanquished to put by the longest Sword as far as they can from their Breasts and Throats except the Sword be Commissionated and Legitimated from the Law of the Land And since the Law of the Land is the only sure true infallible and impartial ●mpire in all Causes and over all Persons as well Ecclestastical as Temporal to decide all differences and contests that may or can possibly arise betwixt Arbitrary Lust Rage Will and force on the one hand and Disobedience and Rebellion on the other hand and since it has prov'd so fatal hitherto to any man that has dared to refuse to stand to the Umpirage and Award of the Law then tell me who will nay Indeed who may or can withstand or gainsay the Law that is irresistable And if by the Premises it be undeniably true that by the repealing of a Repeal the first Act is revived and also that an after-Statute makes void all its Predecessours that are contrary to it and also if the effect must be after its Cause then so certain it is that this Royal Statute 1 Edw. 6. 2. bearing date of its Life from its Cause prim Jacob. that reviv'd it must undoubtedly take place of 1 Eliz. 1. 1 2 Phil. Mar. 1 Mar. and all other Statutes that are its Seniors in every thing where they thwart it But alas 1 Eliz. 1. 1 Phil. Mar. 8. were not contrary to it much less could it come into the hearts and minds of those Legislators to repeal it more than to offer to kill a dead Horse for it was as dead by 1 Mar. 2. 'till King James Reviv'd it since which time who can deny but it has had Life by what Arts soever or for what hidden Cause soever or by whomsoever it has seem'd to be smothered though so advantageous and suitable to the Kings Prerogative Royal. Also if all the canon-Canon-law made before 25 H 8. and no other be in force in Tanto for so much of them as are not contrary to the Laws of the Realm nor to the Kings Prerogative Royal which the Law also does in every thing support direct declare and advance and if Symony in contracting or purchasing selling buying or bargaining for Divine Gifts Functions and Offices be odious to God and man and to the Laws both of God and man then tell me who will or dare nay indeed who may or can give or take require or exact Money for Baptizings Buryals and Marriages for Sins Sacraments and Lectures for Letters of Orders Institutions Inductions Collations or the like much less chop and change Bishopricks or Benefices for lucre filthy Lucre in defiance of the Oaths against Symony in defiance of the Oaths of Canonical Obedience taken and sworn God forgive us by every Benefic't Priest and Bishop in defiance of the Law of God and man and which is worst of all to the apparent hazard of our Immortal Souls and all this for a little ungodly gain Who will believe us or our Preaching or can any Imagine that we believe what we Preach whilst without repentance we live in such Symonical Crimes to the universal scandal and contempt of the Clergy Which seems not more Catholick and general than Just if by our known Symony and Avarice Pride and Cruelty Persecuting-spirit and Woldly-mindedness above all others we taint our Holy Functions and be spot and stain our Surplices with so much filth making our selves thereby the common Scandal as well as common Odium what need have we above all others to ask forgiveness both of God and man And such may as lawfully be resisted as an honest Woman may resise a Goat or a Ravisher Howbeit It is so far from Purgation that it aggravates any Villains Crimes when he thinks to expiate his Abominations as Manasseh did by Humane Victimes sacrificing Men to his Wrath by encouraging inhumane Cruelties and Vexations against such who happen to have straiter Consciences and not so wide a swallow as himself How many Hearts were ever won by vexing them or how can men in Justice or Law be compelled to that Church by the Act of Uniformity which is not conformable to the Act but coyns or keep up new Ceremonies in unlighted Candles on the Altars cringing and bowing to them Organs and Musick with many such Innovations punishable by the Act of Uniformity If men must obey the established Religion let us have no other but what is established and if Dissenters must be punisht let all Dissenters be punisht and not make fish of one and flesh of another since Dissenters have this unanswerable excuse for not coming to Church and to the established Religion if there be another or more Religion or rather Superstition there than what is established by the Act for Vniformity For I and all good Subjects ought equally to abhor all Faction and all Innovation all new Religions or

said to the frequent breach of the Oath of Canonical Obedience which also is daily broke by extorting Money and selling Prayers Ordinations Institutions Lectures Sermons Baptizings c. Here 's rottenness all over Besides also many Inhumanities Vexations Extortions Imprisonments Grievances and Oppressions that have within these thousand years been used in Spiritual Courts are against the Law of Nature and not the least colour of them in the Law of God and some point blanck against the law of the Land Was there ever the like known that men should not fear to trample the Sacred Laws under their foot if they make against them and at the same time hale in each Tittle of the letter of the Law against Dissenters when there is so much Dissention amongst themselves so little Congruity or conformity either to one another or to the Act of Vniformity But the sin is greater when Holy Ordinances and Holy Keyes become Snares to catch away mens Liberties in civil matters and will be an addition heaped up and running over that a man would wonder how it is possible for so much rottenness and corruption when it happens should subsist A Bulwark against Popery some men talk of go make a Bulwark of nothing but rottenness and tell me what it is good for especially if the rottenness and corruption is of the same nature with that Popish filth that was brought from Rome by Augustine that vilest of Monks as aforesaid CHAP. XV. A Bulwark quoth he and Court-christian Court-christian was so called sayes Coke because That as in the secular Courts the Kings Laws do sway and decide Causes so in Ecclesiastical Courts the Laws of Christ should should that was well put in rule and direct for which cause the Judges in those Courts are Divines Ay we are fine Divines as Archbishops Commissaries Deans Archdeacons c. A very special Christian Regiment of which not one such name is found in the holy Muster-roll of Scripture Linwood sayes Curia christianitis in quâ servantur Leges Christi Court-christian so called because in it is observ'd the Laws of Christ whereas in the Kings Courts are observed the Laws of the World Optime opponis Domine the Kings Laws the Kings Courts set in distinction and diametrically opposite to the Laws of Christ and Court-christian I profess the King and his Courts are strangely beholden to us Laws of the World quoth he yea but Laws Ecclesiastical they call the Laws of Christ our Courts Christian forsooth in distinction from the Kings Courts our selves Divines in distinction from earthly Lay-men that mind the World and worldly things our selves Spiritual persons in distinction from the carnal Layety and our Courts Spiritual Courts in distinction from the worldly Kings Courts Well I commend them for giving themselves and us a good name and a good word becoming our own Trumpets to commend our selves for if we did not who strives to do it the Papists indeed were barbarously Inhumane Soul-sellers Cruel Revengeful Mischievous constant Friends to the Devil and the Gaol but had the Law of the Land on their side for their black deeds But some men Oppress Extort Money for Gods Gifts Illegal Fees in high and open Contempt of the known Laws of the Land and in defiance of their own Oaths against Symony and their Oaths of Canonical Obedience And moreover if the 1 Edw. 6. 2. being the last Statute that ever was revived concerning Bishop-making and Ecclesiastical Court-keeping be in force as I doubt not in the least that any body will deny then to all wickedness is added the greatest Insolence Scandal and daring Triumph over the Laws that ever any Chronicle does mention or record CHAP. XVI AND Blessed be God that has in his Providence so order'd it that out of the Eater is come forth Meat and out of the Strong sweetness to me through the Strength Interest Malice and Power of my Adversary A Power that by bereaving me of my capacity of being a States minister or receiving the States pay has thereby not only given me leisure and occasion Oh deep Polititians not only to pry into their Constitution and observe their Motions but also has thereby emancipated my Judgment and knockt off those Shackles wherewith it might happen to be feterr'd byas't warpt or bended the wrong way through Self-ends or private Respects Interest too frequently Bribing and consequently Blindfolding the Judgment that it cannot discern light from darkness nor can I deny but that in composing this little Treatise I have had more than ordinary help and assistance Divine to discern further and yet undeniably true into the Validity and force of this so needful Statute so long despised by men that talk much of the Kings Prerogative when it serves their own ends To which also I cannot say but they might the rather be inclin'd by the Lord Coke but whether they wrought him to it or he them 't is not a pin matter Ignorantia crassa non excusat For As it is most certain that an after-Statute vacates and makes voyd all precedent Statutes that are contrary thereunto And as it is also as certain as that every child is younger than its father the author of its life and every effect junior to its cause so also certain it is that this Revived Statute must date its life and force from 1 Jacob. and therefore vacates 1 Eliz. 1. 25 H. 8. 20. 1 Mar. 2. 1 2 Phil. Mar. 8. and all other Statutes that make Bishops of any other fashion or send Writs and Processes in any other name than that Statute does direct and enjoyn And though this Argument alone unfetters it from Coke's threefold Cord wherewith he endeavours to bind it down yet 't is ex abundanti and more than needs For his second Cord is untyed and loosed by saying as aforesaid that It is Impossible any Law should aim at the doing any thing which is Impossible to be the aim and mind of the Legislators But it is Impossible that the repeal of 1 Edw. 6. 2. could be the mind of the Legislators because there was no such Statute in being to offend them or to need their repeal And besides the 1 2 Phil. Mar. 2. is not contrary to 1 Edw. 6. 2. For though they may be diverse they are not contrary but may very well subsist together For the Pope may keep his Supremacy though Processes Ecclesiastical did run in the Kings Name As well as the King may keep his Supremacy though Processes Ecclesiastical run in Doctor Exton's name or Pinfolds name Therefore it was below the Ingenuity of the learned Coke to mention such a frivolous Cord that is so easily broken The third Cord seems the strongest as to the repeal of the first branch of 1. Edw. 6. 2. though it is very idle and insignificant as to the other branch of the Statute concerning keeping Ecclesiastical Courts in the Kings name For 25 H. 8. 20 only allows Processes Ecclesiastical as

Persecution are all short liv'd But I am sure some Ecclesiastical-men have not so much as the Letter of the Law to justify their Sell-Soul-Trade Oppressions Illegal Fees Vexations Symony and Extortions wherein they are far less justifyable than vile Bonner Oh! Does our Bibles teach us Symony or to take money for the Gifts of God that are not to be sold nor purchased with money Does Christ or his Apostles teach us to exercise Dominion like the Princes of the Gentiles and to Lord it over Gods Heritage Simon Magus attempted it but to cheapen and ask the Price of the Gift of God but did not actually sell it However we do not read that he intended to be twice paid But it is contrary to our Canonical-Oath and your own Canons to take or give money for Letters of Orders Sacraments Institutions B●ptings Marriages Burials c. and contrary to our Oath against Symony or selling or purchating Gods Gifts How are we 〈◊〉 What Oath have we sworn to keep There is yet one even most thumping Objection behind and unanswered which the Lord Coke seems to lay the greatest Stress upon and did most prevail with the Lord chief-Baron and others to get it hush't down and laid after the ●wo Lord Chief-Jus●●●●● could not deny but it begun to be reviv'd and walk again since 1 Jacobi To the great T●●rour of the ruling Priests Commissaries Officials Jaylors Registers and Summers for 〈◊〉 Trade seem'd to begin to fail but for one main Argument or Cord that seem'd to bind it down again viz. Object It would be great Scandal to the Kings Justice yea verily if there had been no Legal Priests and Bishops made for three long years together with other Inconveniences to boot if the Statute of 1 Edw. 6. 2. should be in force and therefore it must not it shall not it cannot be in force Answ This Objection is like the Rancounter of a ●●ayl there is no ward they think no fence against it and it is really so if the Law of England be Club-Law Object Was it a Scandal to have no Legal Bishops nor Legal Priests constituted for three long years how great then would the Scandal be for 70 long years say they Answ But My friends a Consumption or Gangrene is never the better but the worse more Inveterate more noysome more Dangerous and more difficulty cured by Continuance Did ever any man plead for the Expediency of an Vlcer because it was an old sore Is not the Continuance thereof the ready way to bring it to a Gangrene to the hazard of mortifying the part and threatning most formidably the Hazard of the Vitals and noble parts Never did Illegality or a Disease plead Seniority rationally for its Justification Is it a Scandal and attended with great Inconveniencies 'T is granted and it is too true What then What is to be done with it that is the next question and most necessary to be decided Is it a Scandal the more need there is of a speedy Removal of the Scandal such an old Scandal 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Scandalum is a Greek word and it properly signifies a Threshold or stumbling block and Metaphorically all things that offend or lye in our way are called Scandals Now what shall we do with his block or Threshold or Scandal The Answer is most Easy Lay the block or the Threshold at the right Door whereto it belongs and appertains CHAP. IX DOes the Revival of this Statute put us again into the true Protestant dress does it take away the Conge Deslires and Elections thereupon which 1 Edw. 6. 2. says are in very deed no Elections but meer Colours Shadows and Pretences of Elections serving nevertheless to no Purpose and seeming also Derogatory and Prejudicial to the Kings Prerogative Royal c. Is the Kings Supremacy and Authority Ecclesiastical best asserted and avowed by his Name Stile and Armes in all Writs Original or Judicial in Ecclesiastical-Courts as well as they are in Temporal-Courts Then why should not Prelats and their Ecclesiastical Courts conform themselves and be as tender of the Kings Prerogative Supremacy and Authority in Ecclesiastical as well as Temporal Causes and Courts if they have not some Secret Reserve in the hollow of their Breasts why should they not be for the King as well in things that thwart as well as in things that make for their Interest if they be so Loyal in things that serve their own turnes Interest Power Grandeur and Dominion Is it a Scandal Remove it lay it at the doors it properly belongs unto If they be not Legally Constituted what then why then let them be Legally Constituted and if there be the more Vacancyes there will be the more first-fruits and Fees for Letters Patents They may the better afford it if they have had such stately Revenues so long illegally And what harm of all this Oh! say some A very great harm this would be a Confession of Guilt and a Confession of Sin and errour an old Sin an old Errour What then This is the first time that ever I heard that Confession of Sin was a Crime Oh but it argues such an Vniverssal Error why whoever said the Prelats are insallible in Spirituals much less Temporals we read of great Mischiess that have enshed by their buzzing at C●●●●ong agoe and busying themselves with Politicks It had been much better for them 〈◊〉 for Princes too that Bishops had kept themselves to their Bibles And neither 〈◊〉 the World would have been so plagu'd with their Heats which like fire out of the Hearth 〈◊〉 has sometimes Consumed then Warmed having done Mischief unspeakable but what good 〈◊〉 this only my own Observation I learnt it from no worse man than a Bishop nay an 〈…〉 I mean Matt. Parker Arch-bishop of Canterbury in good Queen Elizabeths days who in his 〈◊〉 Intitled Autiquitates Britannicae speaking of the times of K. R. 1 and the Pranks of Hubere 〈◊〉 Arch-bishop of Canterbury has these words Neque enim si verum Judicarc Volumus in Republica Christiana quicquam sani atque Integri Saculum illud tulit Fictaque et Adusnbrata Religionis specie Proposita totus Clerus in Sceleribus Muneribus honoribus et Rapinis Neglecto penitus Verbo impune Volutabat Hujus mali Origo ab hoc Prosluxit quod contra Orthodoxorum Patrum Decreta Clerus Nimium Mundanis se Negotiis Immiscuit Nor was there if we will Judge aright in that Age anything left sound or as it ought to be in the Christian Common-wealth for the whole Clergy under a feigned and outside form of Religion did with Impunity Wallow like Swine in Wickedness Briberies Honours and R●pines altogether neglecting the Word of God The Original of all which Mischiefs was this becauss the Clergy contrary to the Decrees of the Orthodox Fathers would needs be thrusting themselves into and intermedling with Worldly Affairs Then he goes on to shew a fearful Example of Gods Vengeance upon one of

an impregnable reason for that opinion of his namely that all after and subsequent Statutes do vacate and make null and void all precedent Statutes that are contrary to them And though the 25. H. 8. 20. be a precedent Statute to 1 Edw. 6. 2 and consequently was by the same defeat ed yet 1. M 〈◊〉 2. Repealing the 1. Edw. 6. 2. and 1 Eliz. 1. reviving 25. Hen. 8 20. The Life of 25. H. 8. 20. Shall bear date onely from the Date of its Reviver 1 Eliz. 1. which gave it its life and vigour onely by that Second Birth and consequently is a Junior Statute and takes place of 1. Edw. 6. 2. otherwise the effect would be senior to its cause but cause est prior causato the Son can no more possibly be Elder than the Father then 25. H. 8. 2. can be Elder than 1. Eliz. 1. which alone gives it life and is the cause of its being aad motion Therefore 1. Eliz. 1. reviving 25. H 8. makes 25. H. 8. 20. an After-Act to 1 Edw. 6. 2. And nulls it so far as it is contrary to it This is the Learned Coke's reasoning aud it is pretty well But if the Oracle had not warpt sometimes as that at Delos by Demostehenes is said to Phillipi●● through the underhand-dealing with the Priests so wise a man could not so Inconsiderately have over-shot himself For he needs no other Argument than his own to confound his said opinion he S●abs himself with his own Keen Weapon which otherwise is irresistable through rashness Precipitancy haste prejudice or I know what For it is irresistably true that 1. Eliz. 1. reviving 25. H. 8. 20. makes it a Junior-Act and consequently to take place contrary to the Laws as aforesaid of Heraldry of its senior 1 Edw. 6. 2. Even as in a Feoffment made of Land holden in chief to the use of such Person or Estate as the Donor shall give or dispose in his Will Here the uses shall not opperate by way of Feoffment but onely as a Testamentary Device which cannot bear Date nor Life from the Feoffment but from the Will post obitum Testatoris nam viventis non est Testamentum And yet the Feoffmene is good but onely in Embrio and without Life or motion till the Will operate and give it life And therefore in construction of Law notwithstanding the Feoffment which the Donor made in his life time yet he shall dye seized and his Wife shall have Dower because the Feoffment notwithstanding its Date and delivery in the life of the Donor shall be motion-less and life-less till The Will gives it life and vigour So also though it be said and truly too That the First-Feoffment in Law defeats the second and all After Feoffments yet if a man seized in demesue as of Fee make Feoffment as aforesaid to such Person and Estate as shall be given and declared in his last Will and Testament and then afterwards make a Second Feoffment to A. B. and his Heirs and then make his Will and dye giving the same to C. D. Here C. D. that had the Second Feoffment shall have the Land Because in Intendment of Law The Second Feoffment is the First Feoffment that has life and motion whatever be the Date thereof But my Masters Coke also says in the same Page and says true that by Repealing a Repeal the first Act is revived The Truth whereof he undoabtedly confirms in the next foregoing Page p. 687. And this Stabbs and confounds his own opinion For 1. Jacobi reviving 1 Edw. 6. 2. the life and date of 1. Edw. 6. 2. shall be accounted onely from the Date of 1. Jacobi the author of its Being and the Father that gave it life and motion knocking the Shackles off wherewith Queen Mary had bound it ● and consequently 1 Edw. 6. 2. being as young fresh and youthful as Primo Jacobi It shall vacate 1. Eliz. 1. 1. Mar. 1. and 2. Phil. Mar. 8. 25. H. 8. 20. And all other Statutes made before I Jacobi if they be contrary to it I wonder what all my ●retl●●● Prelate● in England can ●ry in answer to this For the ● Jacobi ●●ust be repealed before the 1 Edw. 6. 2. which take its life and vigour from Primo Jacobi can be vacated And if the Lord Coke had suffered himself to weigh this Argument by bit own Sc●ales he would not have busyed himself with the three fold Cord he talkes of which is so easily broken by the strength of his own Max●nes of Law Sie sum Facili rumpitnr triple● Fasciculus For 25. H. 8. 20. is yet in force but that the 1 Edw. 6. 2. made it null and void by establishing a Junior and Fresher Constitution in the Room of that old Frame by Conge D●slie●● and Elections thereon which 1 Edw. 6. 2. calls Pretences Colours and Shadows onely and derogatory and Prejudicial to the Kings Prerogative-Royal Which Prerogative-Royal by clearing up the the vigour of this Statute that has long lain clouded and obscured by strange Arts If I have surely vindicated I hope no man will deny but I have deserved well of my King and Countrey And upon the whole if Curst Cows happen tohave short Horns what Harm Where 's the Scandal or Inconvenience CHAP. XI Obj. OH But still say some It must not be admitted that the ● Edw. 6. 2. be in fore Why Because the Judges have been of another opinion Answ I answer it does nor appear that ever they judicially declared themselves to be of another opinion some Judges have given their opinion against it extrajudicially and so also some Judges ten of the twelve gave their opinions for the Legallity of Ship-money to King Charles 1. And the same King in Parliament condemned the said opinion by Statute as contrary to Magna C●arta The Petition of Right and many other good Laws Judges have been frail to their Ruine If Judges therefore will warp and give opinions against known Statutes against their Oaths their Consciences thereby breaking their own as they have been said to break the Kings Oath They are the vilest of men and do merit the worst of Punishments But on the contrary This is no novel opinion The choice Lawyers of this Land have declared themselves that this Royal Statute is in force and not onely so but that there is all the reason in the World that it should be in force and that in acknowledgment of the Kings Supremacy in all causes and over all Persons as well Ecclesiastical as Civil There is all the reason in the World that Writs and Processes should run in the Kings Name in Ecclesiastical-Courts if they be indeed his Courts as are the Temporal-Courts and kept in his name and not in the name of a Commissary Official or I know not who If I say they be the Kings-Courts and he the Supream Head Ecclesiastical however the Pope has formerly usurp't What a fine thing it is to have the Kings Subjects run