Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	act_n	king_n	scotland_n	2,696	5	8.4241	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A67871	A just vindication of the questioned part of the reading of Edward Bagshaw, Esq; an apprentice of the common law. Had in the Middle Temple Hall the 24th day of February, being Munday, anno Dom. 1639. upon the statute of 25 E.3. called, Statutum pro clero, from all scandalous aspersions whatsoever. With a true narrative of the cause of silencing the reader by the then Archbishop of Canterbury: with the arguments at large of those points in his reading, for which he was questioned at the Council-Board.	Bagshaw, Edward, d. 1662.	1660 (1660)	Wing B396; ESTC R208288	31,311	44

day For Misera est servitus ubi jus est vagum aut incognitum 4. What Fees were due to Pursevants Clerks Registers or other Officers imployed in such Ecclesiastical Commissions 5. Because those Ecclesiastical Commissions were by the King granted sometimes to meer Laymen as 31 H. 1 cap. 14 to Thomas Cromwel Earl of Essex c. Sometimes to Laymen and Clergy men as at this day Whether Common Lawyers did not then and might not now plead at those Ecclesiastical Commissions as they do now before the Judges Delegates But these are not so pertinent to my present point and therefore I will only speak of the first four Quest 1. Whether the High Commission can inflict this grievous punishment put in my Case or any part of it but for high and enormous offences and not for all offences And I think and do hold That the High Commission cannot punish but for high and enormous offences upon these words of the Statute of 1 Eliz. c. 1 Errors Heresies Schismes Abuses Contempts and Enormities and that for these Reasons Reas. 1. From the signification of the words High Commission and Enormous offences or Enormities It is called High Commission not that one Commission of the Kings is higher then an another for the King is the same in all his Commissions Neither is it called High Commission by reason of the greatness of the persons to whom it is directed for in the Commissions of Oyer and Terminer of the Peace and of the Sewers the persons are equally as high and as great But it is called High Commission as the late Bishop of London Dr. King Expounded it in Mr. Fermers Case Parson of Charwelton in our County because they had jurisdiction of high and great offences and not of petty and slight omissions as he was then questioned for The word Enormity or Enormous offence is well Expounded by the Statute of 2 E. 3. c. 2. to be a great and horrible Trespass as it is there called For the Commissions issued forth upon that Statute of Oyer and Terminer were to be revoked when the trespass was but pettie and slight and was not enormis seu horribilis transgressio And this appears plainly in the Register fol. 125. a. by the Writ there De Revocatione brevis de audiendo terminando and the Reason is given in the Writ Quia non est enormis laesio Reas. 2. The second Reason is taken from the Foundation of the High Commission grounded upon the Statute of 1 Eliz. It appears by the main scope and intent of that Act That the Commission founded upon that Act was to issue forth principally for the Visitation of the Ecclesiastical Estates and Persons of that time and for the correction reformation and ordering of the same Now the Ecclesiastical Estate of that time stood thus Queen Mary died Novemb. 17. 1558. Queen Elizabeth called her Parliament Jan. 23. following with a full purpose to restore and establish the reformed Religion happily begun by her Brother K. Edward the 6th and to abolish the Jurisdiction of the Pope all her Bishops at this time forsook her but only Anthony Kitchin Bishop of Landaff Cardinal Pool Archbishop of Canterbury died the same day Q. Mary died Heath Archbishop of York that should in that vacancy have set the Crown upon her Head refused to do it onely Owen Oglethorp Bishop of Carliel performed that Solemnity Hereupon that Parliament consisting of the Temporal Lords provided for the good and safety of the Queen and of true Religion by petitioning her for this Ecclesiastical Commission By which Commission which went out in the first year of her Reign being but Twenty Sheets of Paper but now above an Hundred Fourteen Bishops were deposed and many more of the Popish Clergy deprived And in this first Commission the chief persons named in it if not all were temporal men and the offences and enormities which that Statute principally intended and enquired of were the denying of the Queens Supremacy and the withstanding the Reformed Religion then established and other crimes in a second respect Reas. 3. The third Reason is taken ab Incommodo For if the High Commission should have Jurisdiction of all Causes whatsoever great and small then will the ordinary Jurisdiction of Bishops in their several Diocesses quickly vanish and be extinguished and the Subject grievously vexed in being fetched up one hundred or two hundred miles and more from his abode whereas he might have Justice in the Ordinaries Courts nearer home For the High Commission hath its Jurisdiction all over England and Ireland Scotland being not then united to the English Crown and therefore not extending to it which was never the intent and meaning of that Act of 1 Eliz. And for these Reasons many Prohibitions have been granted to the High Commission out of the Kings Courts of Westminster when they have meddled with inferiour offences As Mich. 44 45 Eliz. C. B. between Taylor and Massie for carrying Corn on Holy-days and giving irreverent speeches to the Minister and whistling and knocking at his door and saying He made Musick for his Daughters wedding A Prohibition was granted for these things as too light for the High Commission The like Prohibition was granted out of the Court of Common-Pleas Mich. 42 43 Eliz. Rot. 503. Trin. 44 Eliz. C. B. between Robert Pool Clerk and Thomas Guy a Prohibition was granted to the High Commission for holding Plea for the assaulting and laying violent hands on the said Pool being a Parson upon this Reason For that they were not offences proper for the High Commission but for the Bishop of the Diocess to meddle with And in all these Prohibitions and many more that I could vouch the words in the Record inducing the Prohibition are these Licet omnia singula premissa in articulis praedict. specificat non sunt laesiones enormes nec offensa adeo gravia unde praedict. Commissionarii dicti Domini Regis virtute actus praedict. de Anno primo dicto Dominae Reginae Eliz. cognitionem habere possint seu debeant As it appears in the Case between Vivers and Pellings in the Common-Pleas Sexto Iacobi Cok Entry's fol. 465. Quest 2. Whether for all those enormous offences of which they have Cognisance and Iurisdiction by the Letters Patents they can fine and imprison And I think they cannot My Reasons are these Reas. 1. The first Reason is this The Ecclesiastical Jurisdiction restored by the Statute of 1 Eliz. to the Crown was that which was then usurped by the Pope Now it is confessed to my hands by all the Civilians That the Pope did not at that time nor any time else exercise any Ecclesiastical Jurisdiction within this Kingdome by Fine and Imprisonment which are temporal acts belonging to the temporal Sword but only by the spiritual Censures of the Church belonging to the Keys which are six in number Suspension Sequestration Deprivation Degradation Interdiction and Excommunication And