Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	age_n	henry_n	king_n	2,825	5	3.9825	3	false

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

solemnized in the Church in causes Testamentary because Testaments were many times made in extremis when Church-men were present and therefore they were thought the fittest persons to take the probate of such Testaments Howbeit these Bishops did not proceed in these causes according to the Canons and Decrees of the Church for the Canon Law was not then hatched or dreamt of but according to the Rules of the imperiall Law as the Civill Magistrate did proceeed in other causes neither did the Emperours in giving this Jurisdiction unto them give away their owne supreme and absolute power to correct and punish the Judges as well as others if they performed not their severall duties This then is most certain that the Primitive Jurisdiction in all these causes was in the civill Magistrate and so in right it remaineth at this day and though it be derived from him it remaineth in him as a Fountaine for every Christian Monarch as well as the godly Kings of Juda is Custos utriusque Tabulae and consequently hath power to punish not onely Treason Murder Theft and all manner of force and fraud but also Incest Adultery Perjury Usury Symony Sorcerie Idolatry Blasphemy neither are these causes in respect of their owne quality or nature to be distinguished one from another by the names of Spirituall or Temporall For why is Adultery a spirituall cause rather then Murder when they are both offences against the second Table or Idolatry rather then Perjury being both offences against the first Table And truly they were not so called from the nature of the Causes but from the quality of the Persons viz. The Clergy being men intended to live secundum Spiritum whom the Prince made his subordinate Judge in these Causes and this distinction of Temporall and Spirituall Causes began first in the Church of Nota. Rome where the Clergy having by this Jurisdiction got great wealth their wealth begot pride their pride ingratitude towards Princes who first gave them their Jurisdiction and then according to the nature of all ungratefull persons they went about to extinguish the memory of the benefit for whereas their Jurisdiction was first derived from Caesar in the execution where of they were Caesars Judges so as both their Courts and Causes ought still to have born Caesars Image and Superscription as belonging unto Caesar they blotted Cae●ars name out of the Stile of their Courts and called them Courts Christian as if the Courts holden by other Magistrates had been b●t Courts of Ethnicks in comparison and the Causes which were meerly Civill in their nature they called Spirituall or Ecclesiasticall so as if the Emperours should againe challenge their Courts and Causes and say Reddite Caesari qua sunt Caesaris they would all cry out on the other part and say Date Deo quae sunt Dei Our Courts beare the Name and Title of Christ the Superscription of Caesar is quite worne out and not to be found upon them And this point of their policy is worth the observing That when they found their Jurisdiction in Matrimoniall Causes to be most sweet and gainfull of all other for of Matrimoney they made matter of Money indeed to the end that Caesar might never resume so rich a perquisite of their Spirituall Jurisdiction they reduced it into the number of the seven Sacraments After which time it had been Sacriledge if the Civill Magistrate had intermedled with the least matters that had relation to Matrimony or anie dependency thereupon Hac ille Thus you see the power of the Civill Magistrate supreme over the Ecclesiasticall State and some grounds and reasons of it cleered many other might be given but I think I have said enough Now to draw to conclusion They exempt not onely the Clergie but all the brotherhood not onely in criminall cases but in civill also untill be be cast out of the society or brotherhood Thus you see they exceed the Romish Church Indeed as to me it seemeth this Independent Government in the Church is derived from Note They will erect ten thousand Indicatories in England and as many Doctrines whereas the Doctrine of the Church of England ought to be one and the same 21 H. 8. 21. 13. Eliz. 12. the Church of Rome who have alwaies in all ages laid this as the foundation of their pride where they have prevailed to exempt the Church and Clergie from secular power attempted in England even of late times in the time of King Henry the eighth by the Clergie here in matters criminall as appeareth in the legall reports of Keloway and in the times of other Kings practised more ancient as Henry the third and others Thus briefly liberavi animam meam let every man use his liberty in censure Utere tuo judicio nihil enim impedio My wish is that they which sit in the high places would well weigh the premises and do that which is consistent with this Government whose proceedings we pray may be prosperous yea we wish unto them good luck in the name of the Lord. FINIS

A BRIEF DISCOURSE PROVING JNDEPENDENCY IN Church-Government Destructive to the Positive Lawes of this KINGDOME and inconsistent therewith By ROBERT DERHAM of Grayes Jnne Barrister Published according to Order July 13th LONDON Printed for Thomas Bates at the Maidenhead on Snow-hill neere Holborne Conduit 1646. To the Reader Courteous Reader IF thou beest Jndependent in thy opinion yet J hope thou art not an enemy to the Lawes of this Kingdome which are thy Birthright as well as thy Possessions Peruse this Work without passion or partiality see if thy tender affections will suffer thee to divide the Child J meane the Temporall and Ecclesiasticall Iurisdiction which if done must needs prove destructive and fatall to both They are Twinnes lovingly imbracing each other seeke not thou to sever this unity they are acquainted with each others wants and defects having such sweet intercourse the one with the other in legall proceedings indeavour not thou by estranging them the one from the other to endanger the ruine of both lest thou unhappily prove not onely a Patricide but Occisor Patriae J will say no more but commit thee to God and his goodnesse Farewell A briefe Discourse PROVING JNDEPENDENCY IN CHURCH-GOVERNMENT Destructive to the Positive Lawes of this Kingdome and inconsistent therewith THe subject that I intend to debate at this time is not whether Presbyteriall or Independent Government in the Church simply of themselves considered bee most warrantable by divine Authority but how they stand with relation to the Lawes of this Kingdome for that shall be the compasse of my thoughts at this time wherein I shall not labour to justifie the Lawes of this Realm by the sacred Rule expresly for surely some of them Con … vall to the people of this Nation so as it cannot possibly be ruled by any other Law being Customes made by themselves 〈◊〉 Prince being the Low-giver many Statut●s especially in this Discourse mentioned being declaratory of these Customes sworne to by Kings and People An●thema on them pronounced that seeke to alter any of the fundamentall Customes or Laws Premunire high Treason by Law or the most are praeter Scripturas not Contra they being laudable constitutions generally received yea allowed by Gods Word implicitè though not explicitè so that they may be inconsistent with the Independent Government in the Church so much now contended for although we should admit the said jurisdiction warranted by Holy Writ and yet no blemish to the Civill Magistracy Come wee then to the point What say the positive Laws which are the common Law or Statutes The common Law and Statute in this particular appear in the Act of 1. Elizabeth 1. for that Act is but declaratory of the ancient common Law as it was resoved in Cawdries Case by all the Judges of England not of any new Law introductive The words of that Statute are That such Jurisdiction ecclesiasticall as by any spirituall or ecclesiasticall power hath heretofore been or may be lawfully exercised for the visitation The Kings Lawes limit and bound the Ecclesiasticall jurisdiction 5. Eliz 23. Co. Iurisd of Courts 321. of the ecclesiasticall Estate Persons and for Reformation Order and Correction of the same and of all manner of Errors Heresies Schisms abuses Offences Contempts and Enormities shall for ever be united and annexed to the imperiall Crowne of this Realme and that her Highnesse her heirs and Successours shall have power to nominate Commissioners to exercise all Jurisdiction eccesiasticall in the causes before-named c. So that although the high Commission grounded upon this Act be taken away yet the Jurisdiction still remaineth in the imperiall Crowne to be dispensed in these causes before named as the ancient Law of this Land also in all other causes Ecclesiasticall the King by his Ecclesiasticall Judges ministreth justice wherein if a man be injured in any Court he may have redresse by Appeale to a higher Jurisdiction and for default of Justice in the Ecclesiasticall Courts last of all to the King as supreme in his High Court of Chancery as appeareth by the Act of 25. H. 8. cap. 19. See here justice subordimately ministred and the King or civill Magistrate in all Causes Ecclesiasticall supreme in point of Jurisdiction Now that the Independent Government in the Church takes away all * In civill causes as well as others untill the offendor be cast out of the Church and then you may appeale to the civill Magistrate not before in matters of personall injury onely not in matter of scandall Appeals in matters pertaining to their cog●izance I suppose needeth no proofe at all it is so clear Their very title and name intimates as much they are Independent viz. they depend upon no other Court of Justice to give account of their Actions judicially by Appeal or otherwise They stand not at Caesars Judgement-seat that is the temporall Magistracy they are like the great Potentates of the Earth accountable to none but God in case injustice be found in their judgements if in their wisdomes errour appeare as Humanum est errare you may fill Iustification of Independency by Chidley the skies with complaints bootlesse If any shall be censured in their Judicatories for prophanation of the Sabboth by working on that day tipling in Ale-houses or the like if he be injured he cannot have justice elsewhere whereas the Ecclesiasticall and Statute Law in those cases give Appeale as appeares by 25. H. 8. before mentioned 4. Jacob. 5. 3. Caroli 1. In all which cases if he be proceeded against by Censure Ecclesiasticall or Temporall he hath remedy by Appeale errour or other legall course to right himselfe if injured If in Doctrine or Discipline this Independent Governour with his Assistants shall be hereticall erroneous or scandalous to the Government or any particular person no remedy but as it is truly said of the Divine Majestie Confugiendum à Domino i●●to ad Dominū placatum Whereas by 2. H. 4. 15. 13. Eliz. 12. he is to be censured for heresie by the Bishop of the Diocesse and to be delivered to the secular power to be burned And if he shall maintaine any Doctrine contrary or repugnant to the Articles of the Church of England and penist therein he is to be deprived of all his Ecclesiasticall promotions and further to be punished by the Ecclesiasticall Law as appeares by 13. Eliz. aforesaid If he shall preach any Doctrine scandalous to the Civil Government he may be indicted at Common Law and punished according to the quality of the Crime In all which cases there lyeth remedy by Error or Appeale See now at one view how many Lawes are nullified by this strange and unheard of power I might instance unto See C●vvd●ies case where they are recited you throughout all matters of which the Ecclesiasticall Jurisdiction hath cognizance Ancient or Moderne the same mischiefs follow no Appeal no Redresse Besides the Common Law and Statutes many and numerous depending upon the