Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	bring_v	court_n	record_n	1,413	5	9.4489	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61521	An answer to Mr. Cressy's Epistle apologetical to a person of honour touching his vindication of Dr. Stillingfleet / by Edw. Stillingfleet.	Stillingfleet, Edward, 1635-1699.; Clarendon, Edward Hyde, Earl of, 1609-1674.	1675 (1675)	Wing S5556; ESTC R12159	241,640	564

this Constitution of the Pope was procured by Winchelsea's means and he caused it to be pulished in all Cathedral Churches After this the King sends a prohibition to the Bishops against doing any thing to the prejudice of himself or his Ministers and another against all excommunications of those who should execute this Law and herein he declares that the doing such a thing would be a notorious injury to his Crown and Dignity a great scandal to the people the destruction of the Church and it may be the subversion of the whole Kingdom and therefore he charges them by vertue of their Allegiance that they should forbear doing it At the same time he issued out Writs for apprehending and imprisoning all such persons as should presume to excommunicate any of his Subjects on the accont of this Bull of Pope Boniface and our Learned Lawyers mention out of their Books a Person condemned for Treason in this Kings time for bringing a Bull of excommunication against one of the Kings subjects but although they do not mention the time it seems most probable to have been upon this occasion Parsons laughs at Sr. Edw. Cook for saying this was Treason by the antient Comm●n Law before any Statutes were made but it doth sufficiently appear by the foregoing Discourse that this was looked on as one of the antient Rights of the Crown that no forreign Authority should exercise any jurisdiction here without the Kings consent Besides this King revived another of the antient Customs forbidding all Persons of the Clergie or La●ty to go out of the Kingdom without his leave and so stopt the freedom of Appeals to the Pope and by the Statute of Carlisle 35 Edw. ● All Religious Houses were forbidden sending any Moneyes over to those of their Order beyond Sea although required to do it by those Superiours whom they thought themselves bound in conscience to obey And it appears by the Statute of Provisors 25 Edw. 3. that the first Statute of this kind was made in this Kings time at the Parliament at Carlisle notwithstanding that the Pope challenged the liberty of Provisions as a part of the plenitude of his Power But although this Statute were then made yet it had the fortune of many good Laws not to be executed and therefore in Edward the thirds time the Commons earnestly pressed for the revival of it 17 Edw. 3. upon which they sent for the Statute of Carlisle and then sayes the Record the Act of Provision was made by the common consent forbidding the bringing of Bulls or such trinkets from the Court of Rome and in the next Parliament it was enacted that whosoever should by process in the Court of Rome seek to reverse judgement given in the Kings Courts that he should be taken and brought to answer and upon conviction to be banished the Realm or be under perpetual imprisonment or if not found to be out-lawed But notwithstanding these Laws the Commons 21 Edw. 3. complain still that Provisions went on in despight of the King and judgements were reversed by Process in the Court of Rome and therefore they pray that judgement may be executed upon delinquents and this matter brought into a perpetual Statute as had been often desired the King grants their desire and the Commons bring in a Bill to that purpose extant in the Records but the Statute of Provisors did not pass till 25 Edw. 3. which is the common Statute in the printed Books yet soon after we find that the Commons pray for the execution of it and the Kings answer was that he would have it new read and amended then 27 Edw. 3. passed that other Statute of Praemunire against Appeals in Civil Causes to the Court of Rome which we have seen Becket made a considerable part of the Churches Liberty which Christ had purchased and practised it himself at Northampton appealing from King and his Parliament to the Pope in a meer Civil Cause of Accompts between the King and him Yet after all these Statutes 38 Edw. 3. a Re-enforcement of them was thought necessary in another Statute made that year against Citations to Rome and Provisions wherein are grievous complaints that the good antient Laws were still impeached blemished and confounded the Crown of our Lord the King abated and his person very hardly and falsly defamed the treasure and riches of the Kingdom carryed away the inhabitants and subjects of the Realm impoverished and troubled the Benefices of the Church wasted and destroyed Divine Services Hospitalities Alms deeds and other Works of Charity withdrawn and set apart the Great men Commons and Subjects of the Realm in body and goods damnified And yet Sr. R. C. saith that in the Record are more biting words a Mysterie he saith not to be known of all men In 40 Edw. 3. It was declared in Parliament by common consent that if the Pope should attempt any thing against the King by process or other matters in deed that the King with all his Subjects should with all their force and power resist the same Yet still so deep rooting had the Popes power gotten in this Nation that 47 Edw. 3. The Commons beg remedy still against the Popes provisions and complain that the Treasure of the Realm was carryed away which they cannot bear and 50 Edw. 3. A long Bill was brought in against the Popes Usurpations as being the Cause of all the Plagues injuries famine and poverty of the Realm and there they complain notwithstanding all former Laws that the Popes Collector kept his Court in London as it were one of the Kings Courts transporting yearly to the Pope twenty thousand Marks and commonly more and that Cardinals and other Aliens by reason of their preferments here have sent over yearly twenty thousand Marks and that the Pope to ransom the Kings enemies did at his pleasure levy a Subsidy of the Clergie of England and that to advance his gain he did commonly make translations of Bishopricks and other Dignities within the Realm and therefore again the Commons pray the Statutes against Provisors may be renewed which they repeated 51 Edw. 3. but all the answer they cou●d get was that the Pope and promised redress the which if he do not the Laws therein shall stand but upon another Petition promise was made that the Statutes should be observed In 1 R. 2. the Commons are at it again upon the same complaints and it is declared to be one Cause of calling the Parliament 3 R. 2. and an Act then passed wherein as Sr. R. C. observes the Print makes no mention of the Popes abuses which the Record expresly sets down and that the Pope had broken promise with Edward the third and granted preferments in England to the Kings enemies 7 R. 2. another Statute was made against Provisions wherein the Print differs from the Record as the same Person

Orders upon any crime whatsoever were to be delivered over to be punished by the Secular Power And what could such a pretence arise from but only from Gregory the sevenths principles of Government viz. that the Civil Power had nothing at all to do with Ecclesiastical Persons and that all the Subjection and Obedience they owed was only to the Pope as their Soveraign and that this was the Liberty which Christ purchased for his Church with his own blood as Paschal the second answered the Emperours Ambassadors and as Becket very frequently expresses it in his Epistles A blessed Liberty and worthy the purchase of the Blood of Christ viz. a Liberty to sin without fear of punishment or at least any punishment which such persons would be afraid of for the utmost Becket could be perswaded to in the case of the Canon of Bedford convicted of murder was only to confine him to a Monastery for a time which was a very easie expiation of Murder So that the Benefit of Clergie was a mighty thing in those dayes But it is impossible to give any tolerable account of Beckets actions unless we suppose this to have been his Ground and Principle that God had exempted by his Law all Clergy-men by vertue of being such from any subjection to Civil Power For if they owe any subjection they are accountable for their breaches of the Laws to that power to which they are subject if they are not accountable for any crimes they must be supposed to be wholly independent on the Civil Government § 11. Neither is there any ground for such an exemption by the ancient Municipal Laws of England either in the Saxon or Norman times and I cannot but wonder to see the Laws of Princes concerning Ecclesiastical Persons brought to prove their total exemption from the power of Princes which was that Ecclesiastical liberty which Becket did plead for For according to his principles neither Alured nor Edward nor Canutus nor any other Prince had any thing to do to appoint the punishments of Ecclesiastical Persons but their judgement was to be wholly left to their own Superiours And supposing there had been such Laws among the Saxons Becket would not have valued them at all but rather have thought them a prejudice to his Cause and an encouragement to Hen. 2. to have repealed those and made others in their place For why should not the Power of this King be as good as the Saxons to make and alter Ecclesiastical Laws as they saw convenient but Becket understood his business better than so He would not upon any terms be brought to the tryal whether they were ancient Customes or no which the King contended for the King offered it very frequently and by any fair ways of tryal and declared he would renounce them if they did not appear to be so he appealed often to the judgement of the Church of England about it and would stand and fall by it and none of these things would be accepted of by which it is evident that either there were no Laws could justifie Becket or he thought the producing them would be hurtful to his cause for not one of all the Customs he excepted against was in his opinion so bad as for Princes to take upon themselves to determine Ecclesiastical causes and to appoint the punishments of Ecclesiastical Persons For then he knew the King need not to stand upon the proof of his other Customes this one Right of the Crown would put an end to the whole dispute For if Henry 2. had the same Power that Edgar had when he said that the tryal of the manners of Ecclesiastical Persons belonged to him and therefore gave Authority to Dunstan and the rest to expell criminal Clergy-men out of Churches and Monasteries why might not he punisht Ecclesiastical persons And then to what purpose had Becket contended with the King if he had allowed him as much power as the Saxon Kings did make use of And what if the Saxon Laws did appoint the Bishops to examin Clergy-men and pass sentence upon them in criminal causes was not the punishment already established by the Kings Laws and the Bishop only the Minister of the Kings Iustice upon Ecclesiastical Delinquents And even in the Laws of Edward the Confessour in case of default in Ecclesiastical Courts a liberty is allowed of going to other Courts and in the Laws of the elder Edward any one in Orders is appointed to make compensation according to the nature of his crime and without sureties he was to go into prison but in case of a capital offence he was to be taken that he might undergo penance from the Bishop for his fault Where by capital offence we are not to understand such as were punished with death but the Poenitential Canons of Egbert tell us by capital crimes were understood Pride Envy Fornication Adultery Perjury c. But the Laws of Canutus appoint degradation for murder by a Clergy-man and compensation and banishment withal which were Civil punishments after degradation the very thing which Becket denyed and in case this compensation were not undertaken within thirteen days then the Person was to be out-Law'd which to be sure was a civil punishment By the Laws of King Alured if a Priest killed a man he was to lose his priviledges and the Bishop was to expel him out of the Temple being already degraded unless due compensation were made i. e. if he did not undergo the Civil punishment For then the greatest crimes excepting murder of a Prince or Lord by his Subject or Vassal or killing any in a Sacred place or Treason might be expiated by pecuniary Mulcts and Ecclesiastical Penance according to the Poenitential Canons For it appears by the old Poenitential Canons of Theodore and Egbert that murder had so many years penance appointed for its expiation which had been a vain thing if it had been punished with death now in this case it was but reasonable that the guilty Person should be delivered to the Bishop to receive his Penance whether he were a Clergy-man or Lay-man And the Laws of Princes did inforce them to submit to Ecclesiastical Penance So King Alured commands in case of perjury that the Person be taken into the Kings custody for forty dayes that he might undergo the Penance which the Bishop shall impose upon him and if he escaped he was not only to be anathematized but put out of all protection of the Law and by the Laws of King Edmund any Person guilty of Murder was not to come into the Kings presence till he had undergone the Penance enjoyned him by the Bishop And from hence I suppose it was that in the Saxon Times the Bishop and the Sheriff sate together in the same Court as appears by the Laws of Edgar and Canutus not barely to instruct the people in the Laws of God and man but as the Sheriff was to appoint