Selected quad for the lemma: justice_n
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A17018
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The iudgement of the Apostles and of those of the first age, in all points of doctrine questioned betweene the Catholikes and Protestants of England, as they are set downe in the 39. Articles of their religion. By an old student in Diuinitie.
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Broughton, Richard.
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1632
(1632)
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STC 3898; ESTC S114820
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265,017
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428
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them They write how Ridley made Preist by Catholike Order but Bishop by their new fashion when he was to be degraded by B. Brooke Bishop of Glocester delegate thereto in Q. Maryes time hee did onely then degrade him concerning preisthood being iudged to be no Bishop Foxe tom 2. pag. 1604. Mason l. 2. pag. 92 Record degrad Rid. as our Protestants and Records thereof testifie in thes his words to Ridley we must proceede according to our commission to degrading taking from you the dignitie of preisthood for we take you for no Bishop So it was also adiudged by the common lawes Brooke Abridg an 1576. tiâ—ul leases num 68. of the land in that time Bishops in the time of King Edward the sixt were not consecrated and therefore a lease for yeares made by such and confirmed by the deane and chapter shall not binde their Successours because such were neuer Bishops Of thes pretended Bishops which were thus by publike Iudgment in lawe disabled to do teÌ„porall offices for want of true ordination and power how much more were they vnable to performe any spirituall function belonging to that highest holie Order yet this is published for law euen in Q. Elizabeth her time longe after thes new Protestant Bishops were so allowed and still remaineth among their receaued and adiudged lawes And so generall and vniuersall a consent was of all in authoritie Pope Prince Prelates and whosoeuer that this new Protestant forme gaue no consecration that their owne Protestant applauded writers thus confesse it Touching Articles of Q. Mary to Bish. Boner Consecrat l. 5. cap. 12. foxe Act. mon. vol. 2. p. 1295. such parsons as were here to fore promoted to any Orders after the new sorte and fashion of Orders they were not ordered in verie deed This was the common and publike sentence of Pope Prince and Prelates in Queene Mary her time of the preteÌ„ded Bishops of King Edward the 6. when there was more pretence for them theÌ„ these diuers Catholikely ordained Bishops then liuing and some helping in their new ordering now and from Q. Elizabeth her time not one at all And it is contained in our old lawes Iudex secularis non potest Bracton fol. 401. degradare clericum magis quà m ad ordines promouere A secular Iudge can no more degrade a Preist or Clearke then he can promote him to orders And it was publikly adiudge in lawe That the parlament Temp. Henrici 7. fol. 27. 28. could not make the Kinge being a lay parson to haue spirituall Iurisdiction Then much lesse could it giue to King Edward the sixt to speake Protestants Stow an 1. Edw. 6. Hist words proclaimed King of England and also of Ireland the supreame heade immediately in earth vnder God being of the age of nyne yeares and to Queene Elizabeth a woman by Sexe disabled in such things both to haue spirituall Iurisdiction and supreame spirituall Iurisdiction and spirituall power Episcopall or Pontificall to conferre and giue both spirituall highest order and Iurisdiction to whom and by what meanes it pleased them contrary to all Christians in the world Catholiks Protestants and whosoeueâ— none out of England so proceeding in such affaires Aâ—d in the time of Queene Elizabeth both particular wrâ—â—â—rs records and her parlament publikely in the 8. yearâ— of her Reigne assure vs that their new Bishops making was by diuers both doubted of and denied to be lawfull The Protestant cheife Iustice of the common plees Lord dyer setteth downe that Bishop â—onner publikely pleaded they were no Bishops and namely Doctour Horne so admitted and it wâ—s adiuged by all the Protestant Iudges that Bishâ—â— Bonner might so pleade And the Protestants would neuer come to tryall with him therein And the next Parlament in her 8. yeare cleared him and all other Catholikes so in iâ—pugning those Bishops offering the oath of supremaâ—y vnto them in these words Be it exacted that no person or persons Statut. in parliament an 8. Elizab. cap. 1. be empeached or molested in body lands or good by occasion are meane of any certificate by any Archbishop or Bishop heretofore made in the first session of this parlament touching or concerning the refusall of the oathe set fourth by act of parlament in the first yeare of Queene Elizabeth And that all tenders of such oath made by any Archbishop or Bishop aforesaid and all refusals of the same oath so entered by any Archbishop or Bishop shall be voyde and of noe effect or validity in the lawe And to helpe afterward what they could thus they enact diuers questions haue lately growne vpon the Statut. in parliam an 8. Eliz supr c. 1. making and consecrating of Archbishops and Bishops within this realme whether the same were and be duely done according to the lawe or not Therefore it is thought conuenient hereby partly to touch such authorities as doth allowc and approue the making of the same Archbishops and Bishops to be duely and orderly dâ—â—e according to the lawes of this Realme her hâ—â—â—nesse in her letters patents vnder the greate Sâ—â—â—e of England directed to any Archbishop Bisâ—â—p or others for the confirming inuesting and coâ—secrating of any parson elected to the office or digâ—â—â—y of an Archbishop or Bishop hath not onely vsâ—â— such words and sentences as King Henry and King Edward did in their letters patents diuers other general words and sentences whereby her highnesse by her suâ—râ—ame power and authority hath dispenced with all â—auses or doubts of any imperfection or diasbility thâ—t can or may in any wise be obiected against the saâ—e These be the onâ—ly authorities the statute doth or could bringe â—eing all carnall and humane not one diuine or â—cclesiasticall vtterly vnable to make a lawfull true Bishop or confirme any for such being bâ—t meere phantasies letters patents the greate Seale of England of a woman such words and sentences as King Henry the eight and King Eduard his child contrary to the vniuersall Church of Christ vsed A womans supreame power authority and dispensation in all causes doubts Imperfections or disabilities in any wise to be obiected and that not onely their pretended Archbishops and Bishops but others neither true nor pretended Archbishops or bishops did as their words be plaine by this most straunge and infirme feminine commission confirme inuest and consecrate Archbishops Bishops which as they haue confessed before with all authorities none but true lawfull Bishops in approued receaued forme and manner can doe And yet this parlament doth thus approue all such as were thus made whether by the Queenes letters patent and men no Bihops true or pretended and without King Edwards forme or any other remembred or by King Edwards forme and fashion to be lawfull Bishops in these words All Statut. an 8. Eliz. supr acts and things made or done by any person or persons in or about any elected to the office of any Archbishop or Bishop by vertue of