Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	bishop_n	court_n	king_n	2,929	5	3.9442	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A18994	The triall of bastardie that part of the second part of policie, or maner of gouernement of the realme of England: so termed, spirituall, or ecclesiasticall. Annexed at the end of this treatise, touching the prohibition of marriage, a table of the Leuitical, English, and positiue canon catalogues, their concordance and difference. By William Clerke.	Clerke, William, fl. 1595.	1594 (1594)	STC 5411; ESTC S108078	57,457	127

matrimonium veluti si quis prius cum consanguinea rem habuerit eius quam postea ducit tam impedientur nuptiae quam dirimentur in prohibitum gradum c. Fin. de con aff Sequatur matrimonium affinitas veluti si quis postquamvxorem duxerit eius consanguineam nouit extali affinitate Sponsalia quidem praecedentia dirimentur c. 2. de eo cog cons vx Matrimonium autem vel de presenti sponsalia cap. discretionem eod vel praesumptum c. Fin. eod non dirimitur Inter maritum vxorem nulla orritur affinitas hij enim vna caro sunt causa affinitatis non affines CHAP. X. Of the succession of the statutes in marriage and their force at this day TOuching the succession their force of the Statutes it followeth as it was enacted in An. xxv of king Hen. 8. cap 22. viz. Since many incōueniēces haue fallen aswell within this Realm as in others by reason of marrying within the degrees of mariage prohibit by Gods laws i. The son to marrie the mother or the stepmother The brother the sister the father his sons daughter or his daughters daughter or the son to marry the daughter of his father procreate and borne by his stepmother or the sonne to marrie his aunt being his father or mothers sister or to marrie his vncles wife or the father to marrie his sonnes wife or the brother to marrie his brothers wife or any man to marrie his wiues daughter or his wiues sonnes daughter or his wiues daughters daughter or his wiues sister which marriages albeit they be plainly prohibited and detested by the laws of almighty God yet neuerthelesse at some times they haue proceeded vnder coloures of dispensations by mans power which is but vsurped and of right ought not to be graunted admited ne allowed for no man of what estate degree or cōdition soeuer he be hath power to dispence with Gods laws as all the cleargie of this realme and the most part of all the famous vniuersities of Christendome and we also do affirme and thinke Be it therefore enacted by auctoritie aforefaied that no person or persons subiects or resiants of this Realme or in any your dominions of what estate degree or dignitie soeuer they be shal from henceforth marrie withn the sayd degrees afore rehearsed what pretence soeuer shalbe made to the contrarie thereof And in case any person or persons of what estate dignitie degree or condition soeuer they be hath beene heretofore married within this Realme or in any the kings dominions within any the degrees aboue expressed and by any of the Archbishops Bishops or ministers of the church of England be separate from the bonds of such vnlawfull marriage that then euerie such separation shalbe good lawful firme and permanent for euer and not by any power auctoritie or means to be reuoked or vndone hereafter And that the children proceeding or procreate vnder such vnlawfull marriage shall not be lawfull ne legitimate any forreine laws licences dispensations or other thing or things to the contrarie therof notwithstanding And in case there be any person or persons within this Realm or in any the kings dominions already married within any the said degrees aboue specified and not yet separate from the bonds of such vnlawfull marriage that then euerie such person so vnlawfullie married shalbe separate by the definitiue sentence iudgements of the Archbishops Bishops and other ministers of the church of England and in other your dominions within the limits of their iurisdictions and authorities and by none other power or authoritie And that all sentences and iudgements giuen and to be giuen by any Archbishops Bishops or other minister of the church of England or in any other the kings dominiōs within the limits of their iurisdictions and authorities shalbe diffinitiue firme good and effectuall to all intents and be obserued and obaied without suing any prouocations appeals prohibitions or other processe from the court of Rome to the derogation thereof or contrarie to the Acte made since the beginning of this present Parlement for the restraint of such prouocations appeals prohibitions and other processes And Anno xxviij of king Hen. 8. Chap 7. it was enacted to the same effect and in the same forme of wordes with this addition onely viz. And further to dilate and declare the meaning of these prohibitions it is to be vnderstood that if it chaunce any man to know carnallie any woman that then all and singular persons being in any degree of consanguinitie or affinitie as is aboue written to any of the parties so carnallie offending shalbe deemed and adiudged to bee within the cases and limmits of the said prohibition of marriage There ensued after this Anno xxxij Hen. 8. cha 38. an act concerning precontracts of marriages and touching degrees of consanguinitie the occasion whereof as by the proheme of that Statute appeareth was this viz. It was supposed that no marriage so surelie could be knit bounden but that it should lie in either of the ●● and administration thereof by the vetuous and most noble Queene Elizabeth natural legitimate daughter to king Hen. of famous memorie the eight the author is imperfect whose weakenesse if thy skil shall supply or thy patience beare for a season he craues no more in the meane time his labours he commendeth vnto thee and thy selfe to the author of all perfection FINIS A TABLE OF THE Leuiticall English and positiue Canon Catalogues THEIR CONCORDANCE and difference IL VOSTRO MALIGNARE NON GIOVA NULLA Anno. Dom. 1594. ¶ Of the Table and Catalogues heerin contained of degrees COnferring these Catalogues in the table that ensueth together that is to say the English and Canonicall with the Leuitical some persons there shall appeare within the Leuiticall names and degrees some without the Leuiticall names but in the degrees others there shall appeare without the Leuiticall names and degrees the due consideration whereof is this viz. First of the ascendents and descendentes such no doubt though they exceed the Leuiticall names and degrees yet they be prohibited infinitelie to marrie in so much that Adam if he had liued to this day could not haue married againe The second consideration viz. of the Collaterals such with the Leuitical in name and degree no man doubteth of their prohibition otherwise that is to say If they differ but in name Communi cōsensu iudicio putantur in Leuitico prohiberi thou art for example expresly in the Leuiticall forbidden to marrie thy brothers wife thy wiues sister is not mentioned there in name otherwise than thus viz. Thou shalt not take a wife with hir sister during hir life to vexe hir in vncouering hir shame vpon hir but thy brothers wife neuerthelesse comprehendeth hir degree and whom equally thereforethou art prohibited to marry that is to say as with thy brothers wife so with thy wiues sister this vnderstand of the residue in this table viz. Mothers brothers wife wiues fathers

the kings writ of Bastardie Their instance The conclusion of he nobles at Merton fol. 7 CHAP. III. The transmission or writ of certificat to the Ordinarie The Statutarie antecedents to the same fol. 24 CHAP. IIII. The Ordinarie His office and order in proceeding fol. 31 CHAP. V. Of matrimonie and legitimate issue fol. 39 CHAP. VI. Of consanguinitie or bloud The figure and declaration thereof fol. 51 CHAP. VII Of affinitie or alliance by marriage The figure and declaration thereof fol. 58 CHAP. VIII Of the prohibition Leuiticall fol. 67 CHAP. IX Of the prohibition Canonicall fol. 71 CHAP. X. Of the succession of the statutes in marriage and their force at this day fol. 77 Faults escaped in the printing Pag. 15. line 26. for that is descended read from whom is descended Pag. 41. line 17. for excesse read accesse Pag. 48. line 24. in the note for Patrimonium read Matrimonium Pag. 21. line 3. in the note for A2 28. read an 25. cap. 19. The Triall of Bastardie CHAP. I. Of possessions and Natiuities their cognisance and triall THe issue of the defiled bed before we come to handle it either in it selfe or the contrary least happily the readers should some of them looke for another issue here than I know they be likely to finde I meane a relation of pleadings in possessions after the common lawes I aduertise them before hand howsoeuer this may seeme to fit the argument Haec non iudicantur in Ecclesia The church hath no cognisance of them The possession of Radulphus and Agatha his mother left them by Radulphus the father and grandfather to Agatha and hir sonne when he went to Ierusalem impeached afterwards by F. great vncle to Radulphus the sonne in that he obiected this Agatha was begotten by Radulphus hir father of Au●line the wife of Alan in the time of Alex. 3. manifesteth as much in the Canons For when the incidēt question of hir natiuitie arose before the secular Iudges it came in the end to the audience of Alexander who in his commission in that cause of the Iurisdiction of the church to the BB. of London Worcester hauing touched the possessory Iudgement of the king countermaunded immediatly againe his former rescript in these wordes viz. Causam quae inter R. F. super eo quod mater dicti R. dicitur non fuisse de legitimo matrimonio nata agitari dinoscitur vobis commisimus terminandam verū quod literis nostris inseri fecimus v●praefato R. possessionem omnium quorum possessor extitit quando Auus suus proficiscendi Hierosolimam iter arripuit ante principalis causae ingressum faceretis restitui si eadē possessione fuisset per violentiam spolitatus Nos attendentes quod ad Regem pertinet non ad ecclesiam de talibus possessionibus iudicare ne videamur iuri regis Anglorum detrahere qui ipsarum iudicium ad se assorit pertinere f. v. mandamus quatenus regi possessionum iudicium relinquētes de causa principali videlicet vtrum mater predicti R. de ligitimo sit matrimonio nata plenius cognoscatis causam huiusmodi terminetis c. that is to say The cause or question notoriously knowne to be moued betweene R. and F. touching that that the mother of the sayd R. is affirmed not to be borne in lawfull matrimonie we haue committed to you to be determined howbeit where we caused to be inserted in the same our letters that you should see the possession of all things restored to the aforesaid R. that he possessed when his grandfather tooke his iourney to Hierusalem before your entrance to the principall busines if violently first he he had beene spoiled of the same weighing that the Cognisance of such possessions appertaineth not to the church but to the king least we should seem to derogate from the right of the king of England who claimeth they pertain to himself we require you leauing the possessorie iudgement to the king that you take absolute knowledge of the principall cause that is to say whether the forenamed R. his mother bee borne in lawfull matrimonie determine the same The politique bodie of this land considered as it is compacted of all sortes and degrees of people deuided onely in tearmes and by names of spiritualtie and temporaltie hauing auctoritie the one part commonly called the English Church to declare interprete and shew any cause question or doubt of the Law diuine or spirituall learning and to administer such offices and dueties as to their roomes spirituall doth appertaine the other the lay or temporall Iudges for triall of propertie of landes secular contentions as also the conseruation of the people of this Realme in quiet and peace and howe they doe both their auctorities and iurisdictions conioyne together in the due administration of iustice the one to helpe the other appointed so ordained and instituted to that purpose and end that the kings queens of the same according to their plenarie power from God might be furnished of themselues to render iustice and finall determination to all subiects and in all causes as they haue and doe at this day hold of God to themselfe and by their sword their people and crowne acknowledging no superiour on earth without restraint or prouocation to any pope prince or potentate in the world may giue a light to that we haue said of the spirituall and secular powers before For howsoeuer they may seeme to be distinguished in themselues they be but one body hauing but one onely head the royall and kingly maiesty of this land where the Aristocraticall gouernmentes and Democraticall haue been euermore strange vnto vs for deuided in times past into many sundry kings reigning ech absolutly in his country not vnder the subiection of other till by fighting the vanquished alwaies falling to the augmentation of the vanquisher it grew at the last into one Monarchy neuer did any take inuestiture at the Emperors hand of Rome or any other superior forraigne prince or Potentate but held as I sayd before and as they haue doe and will hold of none but of God their people and crowne Hence it is taken for an Empire in the world wherof as did Vlpian de publico romanorum iure I may as boldly write viz. Huius sacrosanctae Augustae ciuitatis status in sacris sacerdotibus magistratibus consistit that is to say The state of this imperiall common-wealth consisteth in holie thinges and in priests and magistrates for so we repute no lesse the magistrate thā the priesthood to be ordained of God as the apostle teacheth whereof Duarenus dilateth thus viz. Sunt cnim magistratus sacerdotium velut vnius corporis id est ecclesiae duo membra precipua quorum alterum alterius auxilio eget Verily they are saith Duarenus the magistracie and priesthood as it were of one bodie that is to say two principall members of the Church hauing need the