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A17925 Certaine considerations drawne from the canons of the last Sinod, and other the Kings ecclesiasticall and statue law ad informandum animum Domini Episcopi Wigornensis, seu alterius cuiusuis iudicis ecclesiastici, ne temere & inconsulto prosiliant ad depriuationem ministrorum Ecclesiæ: for not subscription, for the not exact vse of the order and forme of the booke of common prayer, heeretofore provided by the parishioners of any parish church, within the diocesse of Worcester, or for the not precise practise of the rites, ceremonies, & ornaments of the Church. Babington, Gervase, 1550-1610. 1605 (1605) STC 4585; ESTC S120971 54,648 69

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published which hath but the shew of a booke then as it seemeth hath the Clergie no law but the shewe of a law to enforce the vse of such a booke as the State hath not authorized And therefore we may not for clearing the Clergies iust reproofe confesse an vntrueth and still conceale a kinde of iniustice vnwitting to the State executed by the Cleargie vnder a colour of Iustice as if their iniustice by colour of errour were maintainable by the State For so contrarie to all reason and good duetie which we owe to the state and to the Church we should not only interlace the innocencie of the State with the guiltines of the Cleargie but also mingle the churches industrie with the Clergies ill husbandrie It is therefore no cavill to oppose a iust and true answere to an vntrue and vnsound plea For albeit the two bookes agree in many pointes and specially in mencioning the making of a crosse c. nevertheles the parish booke can not therefore any more truely be counted that booke which is authorised by act of Parliament then can that coyne bee reckoned to be the Kings coyne which hath in it nine partes silver and the tenth part copper nether is it any more lawfull for an ordinary to presse the vse of a booke in it selfe corrupted though in many points it agree with the originall then it is sufferable for the Kings Iustices to enforce the vse of a coyne in it selfe counterfeite though in forme and charactere it be like the Kings Image and superscription Wherefore the mencion made in the parish booke of making of a crosse c. not being a matter of power sufficient to warrant the parish booke but the booke authorised by act of Parliament being a matter of power to warrant the making of a crosse c. wee may iustly avow the booke of common prayer attayned and gotten by the parishioners not to bee that booke which the Ministers in their day he ministration of divine service be bound to vse notwithstanding the making of a crosse and signing the child in the forehead with a crosse be therein mencioned If reply bee made that this plea would but litle ease or advantage the Ministers in case the right booke should be reviewed corrected and new printed we then reioyne and averre First that the day is past long since before which time this worke should have bene refined and that therefore it is now too late without a new law to reviewe and amend the same Secondly that this plea will not only but litle ease and advantage the nullities iniquities and iniustices of sentences heretofore passed by the ordinaries vnder colour of that booke but also much advantage the King and his state if his Maiestie might bee pleased to do as King Ioash king of Iudah or as K. Henry the eighth king of England did king Ioash in or about the beginning of his raigne as it seemeth having appointed the Priestes to take all the silver of dedicate thinges brought to the house of the Lord and therwith to repaire the broken places of the house wheresoever any decay was found and the Priests vntill the three and twentith yeare of his Raigne not having mended that which was decayed nor repayred the ruines of the Temple the king I say because of the Priests negligence commanded the Priests to receive no more money and tooke from them the ordering of the money and committed the same to his Secretary and to Ieho●ada the high Priest who gaue the money made ready into the hands of them that vndertooke the worke and that had the oversight of the house of the Lorde of whom there was no reckoning taken because they dealt faithfully If the Priestes then of our age have not only not within three and twentie but not within three and fortie yeares published that booke which is mended and corrected by the Queene her state in the first yeare of her Raigne but also for the space of eight and fortie yeares have suffered a corrupted booke to be intruded into the place of a true booke we commend it to the wisedome of our Soveraigne Lord king IAMES who is as an Angell of God to discerne betweene things that differ there being no high Priest in our dayes like faithfull as was Iehoiada the high Priest in the dayes of king Ioash whether his Maiestie might not be pleased for the redresse of this and other corruptions in the Ecclesiasticall state to appoint as king Henry the eighth did an other Cromwell to be his Maiesties Vicegerent and Vicare generall over the Clergie Vnto these differences and alterations betwene the two bookes not mencioned in the statute may be annexed both an addition of certaine new prayers and some alteration also of the forme of the old prayers to be said after the end of the Letanie By addition in the parish booke there be set three severall prayers not any one of them mencioned in the Kings booke viz. A prayer for our Bishops Curates beginning thus Almightie and everlasting God which only workest great marveilles send downe vpon our Bishops and Curats c. Secondly a prayer out of the 2. of Corint 13. 13. viz. The grace of our Lord Jesus Christ c. And thirdly a prayer beginning thus O God whose nature and propertie is ever to have mercie c. And whereas by the forme of King Edwards booke the Letanie should ever end with this collect following viz. Almightie God which hast given vs grace at this time with one accord c. and so this collect should be after the prayers for rayne for faire weather in the time of dearth in the time of warre and in the time of any common plague or sicknes as the time requireth This collect I say by King Edw. booke appointed to be said after all these prayers is by the parish booke set before all these Yea and it is to be said also before the prayer beginning O God whose nature propertie is ever to have mercy By meanes wherof the very forme and order of some prayers appointed in the Kings booke and by the statute commaunded to be vsed and none other or otherwise is so transposed and inverted as that the minister observing the parish booke can not but breake the order and forme of common prayer commanded to be vsed and so can not but cast his body one whole yeares fruites of his benefice vpon the kings Iudges and Iustices mercy Moreover besides these additions and alterations in the end of the Letany of King Edw. booke there is one prayer inserted which by the parish booke is wholy left out namely O God mercifull Father which in the time of Heliseus c. Lastly at the latter end of the communion in the kings book there is one Rubrick concerning kneeling at the communion which Rubrick is not in the parish booke the same beginneth thus Although no order c. There is also one Rubrick among those Rubricks
of this act Now by what other words then by these of this provisoe could the Parliament more fully and clearly have expressed their mind that the same by the tenor and effect of this provisoe intended for ever wholy to seclude all Papall and foraine canons from being vsed and executed within this Realme For at the petition and submission of the clergie the Parliament having first enacted that neither they nor any of them from thencefoorth should presume to attempt alleadge clayme or put in vre any constitutions o● ordinances Provincionall or Synodalles or any other Canons And againe at the petition and submission of the Clergie the same Parliament having committed to the view search examination and iudgement of the King and 32. persons such Canons constitutions and ordinances or the said Canons constitutions and ordinances provinciall and Synodall which as thertofore had bene made by the Clergie of this Realme And lastlie by this proviso the same Parliament having enacted that such Canons provinciall constitutions provinciall ordinances provinciall Synodalls Provinciall for the word Provinciall by the whole tenor and effect of this Act can not in this place but have reference to everie of these wordes shall still be vsed and executed c. till such tyme as they be viewed searched or otherwise ordered and determined by the said two thirtie persons c. Seeing these things I say be thus First submitted then afterwards committed and lastly provided and not one word sillable or lotter ayming at the continuance vse keeping or obedience of the popish canon law it can not bee averred by any vnlesse he be too too conceited opiniative that the Canon law or any part thereof made by the Pope without the Realme may lawfully at this day be attempted alleadged claymed or put in vre within the Realme by any Iudge Ecclesiasticall what soever yea and thus much also is confirmed by a statute 37. H. 8. c. 17. Howsoever therefore the Kings of England deryving their Ecclesiasticall Lawes from others being proved approved and allowed hereby and with a generall consent are rightly and aptly called the Kings Ecclesiasticall lawes of Englande in like maner as those lawes which the Normans borrowed from England were called the lawes of Normandie and as those lawes which the Romans fetching from Athens being allowed and approved by that state were called Ius ciuile Romanorum howsoever I say this be true nevertheles herevpon it will not follow that those Ecclesiasticall lawes thus borrowed and derived from others may then any more rightly and aptly be called the Kings Ecclesiasticall lawes of Englande when once by and with a generall consent in Parliament they have bene disproved and disallowed Yea and when also they have bene vtterly adnulled and commanded never to be put in execution within the Realme of England From whence it seemeth to follow that whatsoever subiect shall take vpon him full and plenarie power to deliver iustice in any cause to any the Kinges subiects or to punish any crime and offence within the Kings Dominions by vertue of those lawes once by so absolute high an authoritie disanulled that the same person denyeth the Parliament to have full power to allow and disalow lawes in all causes to all the Kinges subiects and consequently that the high Court of Parliament is not a compleat Court for the whole and intyre body of the Realme Wherefore albeit we graunt as the trueth of the Kings law is vnto the Archbishops Bishops other Ordinaries that lawfully they may proceede to inquire in their visitations and Synodes and els where to take accusations and informations of all and every thing and things above mencioned done committed and perpetrated within the limites of their iurisdictions and authoritie and to punish the same by admonition suspension sequestration or deptivation though thus much had never bene provided by the statute nevertheles we desire to be resolved whether any minister ought to bee punished by these or any other censures and processe before the ordinarie for any offence mencioned in this act if for the same offence the same Minister by vertue of this act be not punishable before the Kings Iustices And therefore for example sake put this case viz. That a Minister for the not crossing of a childe vpon the forehead after baptisme is fully administred be indighted before some of the kings Iustices and afterward vpon a traverse before some other of the kings Iustices the same Minister be found to have ministred the same sacrament of Baptisme in such order and forme as in the booke is prescribed Notwithstanding the omission of this ceremonie after baptisme and that vpon such a traverse the indightment before the said second Iustices be found to be vnsufficient in law and the Minister by the same Iustices be adiudged not to be in danger of the penaltie of imprisonment c. because his such not crossing is no offence against the law we demand we say in this case whether the same Minister by the Bishops of the Diocesse may be suspended or deprived from his ministerie or from his benefice for the same his not crossing yea or no. Considerations against the deprivation of a Minister for the not vse of a Surplice in divine service IN the whole body of the statute there is not one syllable or letter frō the which any semblance of reason can be deduced that any Minister of the church for refusing to vse or for the not vsing of any ornament appointed by the statute or by the book to bee in vse should be punished with the peyne of deprivatiō For what soever punishment a Minister for the breach of the Statute may sustayne by the kings Iustices the same is only to be imposed for such offences as are specified before the last provisoe of the statute Ornamentes therfore of the church provided to be reteyned and to be in vse being not cōteyned in those premises or things mencioned before the second provisoe concerning the Archbishops and Bishops authoritie and for refusing whereof a Minister by the premises is punishable it followeth there being no punishmēt for refusing the vse of ornaments in the last provisoe that the not vse of ornamentes is not punishable before the kings Iustices And if there be no punishment appointed to be inflicted before the kings Iustices for the refusing to vse any ornament thē much lesse is there any punishment to be inflicted for the refusall of the vse of a Surplice For the Surplice is so farre from being commanded to be worne as an ornament in every service of the church as the same is not so much as once particularly mencioned either in the parish booke or in the statute Nay by the generall wordes both of the statute and the booke the Surplice is wholy secluded from being appointed to be an ornament of it selfe in some part of the service of the Church For if with the same in some part of the service there be not a Cope