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A85746 Of the authority of the highest powers about sacred things. Or, The right of the state in the Church. Wherein are contained many judicious discourses, pertinent to our times, and of speciall use for the order and peace of all Christian churches. / Put into English by C.B. M.A. The method of every chapter is added in the margent, and collected at the end.; De imperio summarum potestarum circa sacra. English. Grotius, Hugo, 1583-1645.; Barksdale, Clement, 1609-1687, translator. 1651 (1651) Wing G2117; Thomason E1244_1; ESTC R202244 156,216 365

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the principall after it and befides in some places at this time stipends out of the publick succeed in place of Lands and for all this the right of the Highest Powers remaineth the same it was Therefore by the name of Investiture in the stories of those times is not to be understood a naked sign nor are Kings to be thought so unwise that for a bare rite or Ceremony they would have undertaken so many labours and so many wars but with the sign or by the sign the thing signified must be conceived that is the Collation of Churches Which Collation it is certaine was made two wayes for either the Kings by themselves made Election freely and without the suffrages of any other or else they granted others the right of clecting the right of approving not imaginary but with a liberty to annull the Election being reserved to them selves Both of these Historians comprehend in the name of Investiture Which right remained in the Emperours untill the times of Hildebrand who first laid violent hands upon it Onuphrius Panuinus relating his life He first of all the Roman Bishops attempted to deprive the Emperour not only of the election of the Pope himself which also Adrian the third had sometimes done but of all Authority too whereby he Constituted the other Prelats to wit the Bishops and Abbats The Author here hath rightly explan'd Investiture by the name of Constitution Those two things whereof we said Investiture consisteth that is the power of choosing and the Liberty of refusing if the Bishop were chosen by any other all writers approved for their diligence in this kind have very well distinguished and knit together in the Regall Right Such a liberty of refusing I meane which is not subject to the judgement of another And indeed these Rights both of election and of rejection are of great consequence to maintaine both Church and State but the former of so much the greater moment by how much it is more to oblige the receiver of a benefit than to exclude an enemy Paulus Aemilius when he had declared how that right was extorted from the Emptrour Henry That thing saith he much weakned the Imperiall Majesties in the minds of his people for he was devested of the better half of his Jurisdiction And Onuphrius in the same manner Half his Power was at once taken from the Emperour The same Author elsewhere speaks of Henry the third This most excellent right so he cals Election 〈◊〉 retained with all his might Of the same mind were the Kings that buil● their power upon the ruines of the Roman Empire To let passe others let us heare if you please the King of England speak himself Henry the first of that name sina● the Conquest granted the Bishoprick of Winchester to William Gifford and presently against the statutes of a new Councill invested him with the possesions perraining to the Bishoprick The same Henry gave the Archbishoprick of Canterbury to Ralf Bishop of London and invested him by the ring and staffe This is that same Henry who in the relation of Westminster by William his procurator constantly alleaged that he would not for the I●sse of his kingdome loose the Investitures of Churehes and affirm'd the same in threatning words Away with the unlearned Interpreters of History who doth not see here that by Investitures is meant the collution of Bishopricks The Parliament Statute also under Edward the third gives plaine evidence for the fame wherein is manifest that the Royall Right to collate Bishopricks was in England more antient then the election of the Clergy And Historics doe give their testimony too which declare how Bishopricks were collated by Etheldred and the most antient Kings seven hundred yeers agoe Afterward elections were granted to the Clergy under two conditions which were observ'd likewise in Franses that licence to elect were first obtained and the clection made were submi●●ed to the Kings pleasure But in the later time the whole election was rendred to the King In our time there is an image of Election in the Chapters the whole force of it is in the King For the Bishoprick being void the King by his Letters containing Licence to elect transmitteth also the name of him whom hee would have elected Bilson Bishop of Winchester discoursing with much diligence upon this Argument in severall places affirmes that which is most true That no particular form of Electing is prescribed by Divine Law and seeing Princes are Heads of the people and both by Divine and Humane right have the charge of all externall and publick administration as well in Sacred as in Civill causes committed to them these reasons necessarily evince that the Elections are also committed to their trust at least if they bee pleased to under take the burthen The same Author saith It is as clear as the Sun that other Princes be side the Roman Emperours since the first profession of Christian faith not only had the Highest Power in Electing Bishops but by their sole Authority Instituted whom they judged worthy of that honour without expecting the suffrages of the Clergy or People I will not adde more examples or testimonies either these are sufficient or nothing is sufficient Whosoever therefore dares to condemn of Sacrilege so many famous Kings some whereof first in their Kingdoms professed the Christian faith some couragiously resisted the Popes ambition some either began or promoted the Churches reformation and among them many renowned for their holinesse and learning whosoever I say dare account them sacrilegious as if in electing Bishops they had violared the Law Divine he shall not have me for an approver of his temerarious judgement Now whereas some in this businesse of Election distinguish the other Pastors from the Bishops because indeed themselves live where no Bishops are this difference comes to nothing For such Pastors although they have this common with mere Presbyters that they are not over others yet have they thus much of Bishops that they are not under other Pastors and so 't is doubtfull whether they may be rather numbred among mere Presbyters or Bishops Moreover seeing Presbytery is contained in Episcopacy they that bestow the Bishoprick do withall bestow the Pastoral cure of a certain place or City somthing more so that the Argumentation rightly proceeds as from the greater to the lesse or rather from the whole to the part 'T is true the antient Emperours Kings mixed themselves but little with the collation of Pastorall offices of inferiour degree the reason was because they thought in reason all that lesser care might be rightly comitted to the Bishops chosen either by themselves or according to their Lawes And therefore in the most antient Canons you shal hardly find anything of the Presbyters election because all that business was at the Bishops dispose as we have shewed before Yet are not examples wanting whereby it may appear that Ecclesiasticall offices of the lesser rank also were