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	parliament_n	person_n	2,736	5	5.0257	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A00282	An abstract, of certain acts of parliament: of certaine her Maiesties iniunctions: of certaine canons, constitutions, and synodalles prouinciall: established and in force, for the peaceable gouernment of the Church, within her Maiesties dominions and countries, for the most part heretofore vnknowen and vnpractized	Stoughton, William, fl. 1584.	1583 (1583)	STC 10394; ESTC S101664	176,465	272

of foresight of the waightinesse of the office vnworthilye haue taken vppon him the gouernement of any Churche a burthen too heauie for him to beare he maye foorthwith forgoe and renounce the same both so to be disburthened him selfe and that the Church also might be furnished with some able man to supply the necessitie thereof Ex. de prebend c. venerabilis PRO DEFECTV SCIENTIAE c. For want of knowledge a Man may desire cession For where as knowledge is chieflie necessarie about the Administration of spirituall thinges and also behoofefull about the charge of Temporall thinges let it be lawefull for him that hath charge to gouerne the Church in these thingts to renounce the sayde Church in case he haue no knowledge whereby he may gouerne the same For sayeth the Lorde thou hast reiected knowledge and therefore I will reiect thee that thou be no Priest vnto me Hence may be gathered two argumentes the one to prooue the necessitie of knowledge in a spirituall Pastour the other to prooue a lawfulnesse for the renouncing of that which without great preiudice and hurt to him selfe and others he can not retayne 1 He that taketh vppon him the administration of spirituall thinges must haue the knowledge of spirituall things 2 But he that taketh vpon him the gouernement of the Church taketh vpon him the administration of spirituall thinges 3 Therefore he that taketh vppon him the gouernement of the Church must haue the knowledge of spirituall thinges 1 It is lawfull for euery man that taketh vpon him a charge or function without knowledge howe to gouerne the same charge to forgoe and for sake the sayde charge or function 2 But euery vnlearned minister hauing a charge as without knowledge how to gouern the same his charge 3 Therfore it is lawful for him to renouuce his sayd charge ANd againe euen to auoyd the perill of soules and that neither age neyther any bodily disease or impotency should be any occasion or hinderaunce to the people from hauing and enioying the benefit of a teacher the law prouideth in this case also as followeth 7 q. 1. Petisti PETISTI c. Thou desirest that for thy age growing vpon thee and thy bodily infirmitie thou mightest without aduise in the same seat where thou gouernest place one in thy steed but we God beeing our helper giue counsell to thy holinesse that for the helpe of reasonable mens soules Christ beeing thy guide thou doe not leaue these which thou obtaynest in the Church of Mense but if the Lorde according to thy request shall giue vnto thee a perfect man who may take vppon him the care for the health of soules thou shalt ordayne him Bishop in thy place and he shall be in the Gospell committed vnto thee and in bearing the ministerie of Christ in euery place shall visite and comforte the Church of God All which Canons and constitutions being made published long sithence are againe confirmed ratified and allowed by latter constitutions decrees and ordinances as followeth Ex. commu de Praeb dig c. Ad regimen AD REGIMEN c. Although we by disposition from aboue vnworthily called to the gouernment of the vniuersal Church as we ought so haue we in our desires that by our indeuour and diligence fit men be taken to the regiments of Churches and Monasteries and other Ecclesiasticall benefices according to the diuine pleasure and our purpose and intent which might rule and profite the Churches Monasteries and the foresayde benefices to be committed vnto them And agayne Clement de aetat quali c p. 1. CVM ECCLESIAE c. For asmuch as the churches wherunto vnfit persons in knowledge maners or age are preferred suffer for this cause as experience teacheth in their spiritualities temporalities oftentimes great detriments we willing that this thing by the diocesanes of the places vnto whome this charge by reason of their office apperteineth be more diligently foreseene straightly enioyne that they themselues more diligently obserue and cause inuiolably to be obserued by their subiects such canonicall constitutions as haue hitherto bene published for the preferring of persons vnto such Churches if they will auoid the displeasure of God and the punishment due by the Apostolike sea And not onely these Canons established and confirmed by the Popes Act of Parliament but euen our own prouincial constitutions made long sithence for the realme of Englande haue ordayned and established a learned ministerie appointed an able and fit state of Cleargy men to be had through out the whole Empyre and Dominiōs of her Maiestie The tenor of some of which constitutions followeth Otho constitu cum sit ars §. exigit First Exigit namque ars nostra catholica vt sit vnicus in vna ecclesia sacerdos alias magister perfectus ordine habitu vita sancta scientia doctrina For our Catholique religion requireth that in one Church there be one Priest otherwise called a perfect teacher in order and habite in holy life in knowledge in doctrine Secondly Absque magistro preterea ecclesia desolata manet sape die nec persona in ea nec saltem vicarius perpetuus inuenitur sed aliquis forte simplex sacerdos de vita sancta scientia doctrina est ei nimis modica heu cura without a master the church oftētimes remaineth desolat hauing neither parsō nor any cōtinual vicar but perhaps som silie ignorāt Priest but as touching their holy life their knowlege and their doctrine alas there is too too little care had Otho const cum sit ars §. absque SACER ORDO c. A sacred order is to bee conferred to him that is most worthy to the end that by him the other sacraments might be ministred Wherfore since it is a thing very perillous to ordein mē vnworthy Idiots Illegitimate irreguler persons vnlearned persons vagrant and such as haue not any certayne or true title indeed We ordein that before the conferring of orders diligēt inquisition search be made by the Bi. of al these things Which constitutiō whether it be obserued or no I refer the reader to the directions of the By. Canons Wherin they manifestly tel vs that they proceed first enquire afterwards that they first giue the minister a charge appointing him to teach afterwardes send him to the Archdeacōs or his officials court to learn as is manifest in their Canōs published in the year of our Lord. 1571. Title Archdeacon also in the aduertisementes Title ecclesiasticall pollicy Wherein they haue not attended the meaning and intent of Lawe which alwayes requireth Bart. in l. si quis posthumos § filiū nu 3. ff de li. posthu ff de minor l. de aetate de feriis lc 2. Vt qualitates adsint eo tempore quo dispositio sumat effectum That qualities must then bee had when the disposition taketh effect Vt qualitas testis attenditur tempore

Therefore c. 1 Whatsoeuer is vndecent and vncomely in the Church is vnlawfull 2 But for one man to be placed in two benefices is vndecent and vncomely 3 Therefore for one man to be placed in two benefices is vnlawfull BEside these Canons there are many mo establishing the not hauing of many benefices for one man but to recite all were a labour superfluous considering the effect of al is contained in these And yet Octobones prouinciall constitution wherein diuers other absurdities thē wherof mention hath ben yet made against the vnlawful retinue of many benefices are expresly all eaged is not amisse to be repeated Who sayth as followeth Octob. de inst seu collat cap. 2. EX HIIS AVTEM c. We suffice not to speake how great euils proceed out of these pluralities vnto the church For by them the honestie of the church is defiled Authoritie is naught set by the faith of Christ is troden vnder foote loue is banished the hope of the poore expecting any voyde benefice is frustrate The miserable and blind sinner boasting himselfe as a guide doth not so much receiue as steale that that belongeth not vnto him Among the rich themselues also strifes and contentions arise braules and enuies are nourished And for this cause we chiefly feare the fire of God his wrath to haue beene kindled against men of such rule and for the offences of some to haue sent a feare or reuenge against all and whilest we see nothing so perillous we feare such or greiuouser thinges in time to come vnlesse God by his mercie respecting vs shall lay to some wholesome remedie If the disease and maladie of pluralities in time of ignoraunce and superstition was such 5. P. 2. that the blinde leaders of the blinde had their eyes in their heades to see the infection ther of to be most perrillous as well to their synagogue as to their common weare how is it possible that plurified men in the time of the knowledge and truth of the Gospell should find any meanes to escape the fyre and reuenge which the idolators feared And not onely these Canons and prouincials but the statute lawes of Englande also made against these excesses prohibite likewise the hauing of mo benefices as appeareth by an Act of Parliament made the 21. yeare of Henry the 8. the tenor whereof ensueth And be it enacted that if anye person or persons hauing one benefice with cure of soules beeing of the yearely valew of 8. pound or aboue accept and take any other with cure of soule and be instituted and inducted in possession of the same that then and immediatly after such possession had thereof the first benefice shall be adiudged in the law to be voyd And that it shall be lawfull to euery patron hauing the aduouson therof to present an other the presented to haue the benefite of the same in such like maner and forme as though the incumbent had dyed or resigned Any lilence vnion or other dispensation to the contrary here of obtayned notwithstanding And that euery such licence vnion or dispensation had or hereafter to bee had contrary to this present Act of what name or names qualitie or qualities soeuer they be shall be vtterly voyd and of none effect As touching any other Canons made and in force before 25. Henry 8. allowing certayne immunities priuiledges and dispensations to be graunted for the possessing of many benefices parrish Churches rightly vnderstood are no way preiudiciall vnto these former ordinaunces For in thinges depending vpon the meere disposition of man though the magistrate haue authoritie as well generally to forbid and prohibite as also in some cases besides the said law to licence and dispence Yet concerning the matter of pluralities it will not be found Pluralistes I confesse and their abettours ground their assertions vpon these and such like rules following viz. Eius est destruere cuius est construere eius est interpretari cuius est condero Papa qui ius condidie est supra ius maiorem enim retinuit potestatem c. That is To him it belongeth to pul downe to whom it belongeth to set vp and the interpretation of the lawe belongeth to the lawe maker the Pope that made the lawe is a boue the law because he hath retained a greater power to himselfe then he hath giuen to the law The pope hath a fulnes of power to dispose of benefices at his pleasure And therefore say they As Churches were at the first by Law positiue both founded and distinguished so may they againe by the same lawe positiue either be cleane taken away or vnited Which vnnecessarye and sophisticall consequence is simply to be denyed First for those former rules generally vnderstood without limitation and distinction be either vtterly false or els contrary and repugnant to other principles of lawe Againe concerning these or anye other like generall conclusions in lawe I aunswere and that by an vnfallible maxime in lawe that no rule can be so generally giuen in thinges of meere pollicie and disposition of man onelye deuised by man of which sort these former rules are that receiueth not some limitations and restrictions And that therefore these principles whervpon the foundation of pluralities is layde beeing weake and easilye shaken with a little blast of mans witte can not stande or haue anye sure setling in as much as againste the same many challenges may be made and many exceptions taken Secondly the foresayd coherence followeth not for twoo apparant and principall fallacies contained in the same as afterwardes shall be manifested But first touching these rules before mentioned Eius est destruere cuius est construere c. He may breake a law that may make a law the same is not alwayes true It taketh no place Vbi causa prohibitionis est perpetua Where there is a perpetuall cause of a prohibition For then the cause beeing perpetuall the prohibition ought to bee perpetuall Quia perpetuam habet causam prohibitionis nulla est obligatio Because it hath a perpetuall cause of prohibition there is no obligation ff de verb. oblig l. si stipuler in id glos extra de simo c. si quis ver iuramentum As for example the reason and cause of prohibition againste murther theft rauine blasphemy is perpetuall and therefore the lawe againste murther theft rauine and blasphemye ought to be perpetuall And therefore man hauing once made lawes againste these vices it is not lawfull for man afterwardes to dispence with these vices or by licence to warrāt any man to steale to kill to spoyle or to blaspheme For whosoeuer shall in this sort dispence with a lawe the same also may dispence with the reason of the lawe and so with the soule and life of the lawe and so make the lawe a vayne and dead lawe Ratio legis est anima legis The reason of the law is the soul and life of the Lawe therefore as none

matter of farre lesse wayght then this Quod inconsultò fecimus consultò reuocamus That which wee vnaduisedly haue done wee aduisedly will reuoke and vndoe And Sir for your part it is very necessarie and expedient for you that wee depose you in deede because Tanto grauiora sunt tua peccata quanto diutius infelicem animam detinent alligatam So much more grieuous are your sinnes by howe much longer they haue your vnhappie soule fettered with their boultes To doe this or the like were in my simple vnderstanding a noble and famous practise of a good and godly Byshoppe labouring to procure peace and prosperitie vnto Ierusalem What may a Byshoppe depriue an honest poore man from his benefice dispossesse a faythfull man of his ministerye stoppe the mouth of the Lordes watchemen and imprison a paynefull teacher in the Clincke in case hee weare not a Surplesse in case hee marrie not with a Ring in case he crosse not in Baptisme or in case hee subscribe not to euerie newe Article inuented by his Ordinarie And may not the same Byshoppe remooue a man that hath openly played the hypocrite publikely falsifyed his worde ympiously committed sacriledge yea and that which is worse hath made an open mocke at the Lawe of GOD and deluded the Lawes of her Highnesse Empyre Is the firste a lawlesse and rebellious PVRITANE I vse but their owne tearmes and is the seconde a dutifull and loyall vassall If a PVRITANE as they call him making conscience not to offende his God in any small thing for his conscience sake bee worthie to bee whipped and excommunicated is a Foolitane making no conscience to offende his GOD in all thinges not worthy once to be summoned Etrauag de elec c. cum dilectur Concerning an olde obiection perhappes by some olde Canoniste to bee obiected that euerye sentence of the Bishoppe whereby hee pronounceth anye man fitte and capable of the ministerye is a definitiue and irreuocable iudgement in case no appeale bee made from the same though my former aunswere were sufficient for the same election yet to aunswere LAWE with LAWE I answere with the glosse that propter aliquam causam post à emergentem potest quaeri quia quae de nouo emerguut nouo indigent auxilio ita semel probatus iterum probatur reprobatur For some cause afterwardes arysing inquisition may bee made because thinges newly happening doe want a newe supplie and so one beeing once allowed may againe be allowed and disalowed And therefore to cōclude if such as bee in authoritie loue the peace prosperitie of the Church of Christ if they desire the good successe of the Gospel if they will preserue the state of this Realme if they thinke it necessarie to haue good Magystrates to haue good Lawes and orders in a common wealth If they esteeme learning and seeke to prefer it If they hate confusion if they allow of their owne conditions like of a kingdome better then of a tyrannous state then are they to prouide betime some speedie remedie for these such like kinde of men and such maner of abuses And if the religion they haue established be good if the orders and lawes they haue made be conuenient it standeth them in hand to see the same reuerently receiued and executed and not openly to bee contemned and broken without sharpe and seuere punnishment they are not to suffer such as execute them not to be vncontroulled vnrebuked and vnpunnished they are not to suffer such as speake for them preach for them call for them and write for them anie more to be checked tanted frumped and shopped vp eyther let their lawes be lawes indeed and maintained as lawes or els deliuer vs from our dueties in desiring their execution and obeying them If by these former conclusions any shall surmise that by them I slylie and couertly as one captious ouer the whole state of the Church should insinuate no lawfull ministerie to bee in England because some one of these points perhaps haue bene are daylie omitted in making euen the beste men that are in the Mynisterie at this daye I aunswer touching as well the whol Church as the learned and vnlearned minister the preacher and him that is no preacher the pastour and him that is no pastour I aunswere I say touching them all as followeth First I confesse that our Lorde Iesus Christ hath a true Churche and a faythfull spouse in England receyuing the doctrines and Sacramentes of Christe publikely taught and administred in the Churche of England wherein we haue ELIZABETH by the grace of God Queene of Englande Fraunce and Ireland a foueraigne a sole and a lawfull gouernesse in all causes and ouer all persons Ciuill and Ecclesiasticall Moreouer I confesse that the doctrines deliuered vnto hir out of the word of God by the ministers for the abolishing of all and all maner superstitions and abuses retayned in the Church and for the establishing of a perfect gouernement of the sayde Church ought to be faithfully embraced and diligently put in execution by his Maiestie according to the prescript rule of the blessed worde of God And againe that the ministers ought euermore in a reuerent and holy feare to teach what so euer they know to bee commaunded or forbidden by the same worde and to shew the daunger as well to the magistrate as to the people if either or both of them shall be negligent or remisse in the Lordes seruice And againe that the people in all holy and honourable obedience should yeeld vnto the magistrats and ministers all such loue reuerence feare and obeysance herein as the Lord by his sacred word prescribeth and their own saluation requireth Againe that neither the magistrate without true instruction from the ministers Nor the ministers without due authoritie from the magistrate ought to wrest any thing into the gournement of the Church For both offices and gouernments Magistracie and ministery are very holy and honourable beeing seuerall tend to seuerall endes and bring foorth seuerall euents in the administration and gouernment of the Churche the one is the mouth the other is the hand of God the one by worde the other by swoord ought to execute the Lordes iudgementes in the Lords house The Prophet Esay at the commandement of the Lord teaching that the Princes of Iudah and Ierusalem should cast away the rich ornamentes of gold as a menstruous cloath did stay him selfe with the publishing of this his doctrine he onely refourmed him selfe and taught and exhorted others to doe the like The Prophet Ieremy vsed onely this weapon of reformation Of a truth sayth he the Lord hath sent me vnto you to speake all these wordes in your eares he hath sent me to prophecie against this house and against this Citie al the things that ye haue heard as for me behold I am in your handes do with me as ye think good and right And though Iehoiakim the king with all his men of power the