Selected quad for the lemma: land_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
land_n age_n hold_v ward_n 1,360 5 10.5095 5 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A17571 The altar of Damascus or the patern of the English hierarchie, and Church policie obtruded upon the Church of Scotland Calderwood, David, 1575-1650. 1621 (1621) STC 4352; ESTC S107401 125,085 228

There are 2 snippets containing the selected quad. | View lemmatised text

Scarlet robes upon Canterbury his grace when he passeth through Pauls And as I heare when any come to his Chamber of presence they must hold off their hats howbeit his grace be not present himselfe We shall see more of their pompe in the next chapter By the grant of Princes as Immunities liberties c. in their owne large fieldes or possessions Their immunities liberties priviledges and jurisdictions in their Baronies and large possessions are but temporall nothing availing to further and advance Christs kingdom The particulars are best known to them who haue seen their charters Peculiar to any one of them to wit either to York as to have the praecedence before all the officers of the kingdom except the Lord Chancellour Or to Canterburie as 1. to take the place before all the officers of the kingdom whence it is that he is called the first Peere of the Realme 2. to inaugurate the king at his coronation 3. to receive the rents of the lands which hold of him in homage while the heire is minor not past 21. years howbeit the same heir hold other lands in chiefe of the crowne 4. to hunt with his owne hounds in any parke within his own province Bishops are made Peeres of the Realme and Canterbury is the first Peere therefore he must have place before all the officers of the kingdom wherof we spake before He must inaugurate the king at the coronation which is a duty not appertaining to him for the rites of coronation are not parts of the pastoral charge And suppose they were they belong no more to a bishop then to a minister or to one bishop more then to another For if there were no more but to make an exhortation to conceive a prayer and blesse a minister may do that as wel as a Bishop or a bishop as well as an Archbishop Bishops have vassals under them as noble men have William the first ordained Bishopricks Abbies which held Baronies in pure and perpetual almes and untill that time were free from all secular service to be under military or knights service enrolling every Bishoprick and Abbay at his will and pleasure and appointing how many souldiours he would have every of them to finde for him and his successours in the time of hostilitie and warr As they became vassals to kings Emperours so they laboured to have many vassals under themselves insomuch that noblemen became their vassals The Earles of Glocester had lands of the Bishop of Canterburie on this condition that they should be his stewards at his installing And howbeit the king should have the custody and ward of the lands of those who hold of him in chief for knight service till the perfect age of the heir yet the lands which hold of the Archb ar excepted Pastors ministers should be content of their stipends not medling with superiority over vassals personall or reall wards Their bishops have parks ponds besides their palaces for hunting fishing Canterburies grace may hunt in any park within his own province that is through al England except 4. diocies a pastime cōdemned by the ancient canons in clergy men Hierome saith he never read of a hunter that was a holy man B● s●atu●e as to grant the Grace of the Canons and other Ecclesiasticall lawes through all the Dominions of the English Empire which grac●s they call Faculties C●nterburie hath among other courts a court which they call the court of Faculties wherein there is appoynted a chiefe President who heareth and ●onsidereth of their grievances and requests that are petitioners for some moderation and easement of the Ecclesiasticall law sometime as they pretend overstrict and rigorous and a Register beside who recordeth the dispensa●ions The Lawes of God may not be dispensed with If Ecclesiasticall constitutions which are made by men onely be too strict their rigour may bee relaxed when and where there is a necessitie This necessi●y ought to bee considered by the Ecclesiasticall Senate and not reserved to the Ar●hbishop of Canterburies grace to be given or 〈◊〉 sold at his pleasure For in this court of Fa●ulties dispensations are set to open sale as at Rome as the admonition to the Parliament doth ● port If there be a just cause to remit of the rigour of the Ecclesiastical law then eas●ment shoul● be granted to the petitioner without money If ●here be not a relevant cause then there should bee no dispensation granted at all let be for money So this power to dispense with Ecclesiasticall lawes is to dissipate the Canons of the Church to wound th●se which are yet whole and sound I● was enacted 25. Henr. 8. that the Archbishop of Canterbury for the time being and his successors shall have power and authoritie from time to time by their discretions to give grant and dispense by an instrument under the seale of the said Archbishop all manner such licences dispensations compositions faculties grants delegacies instruments and all other writings as heretofore have been used and accustomed to be had and obtained at the See of Rome or any person or persons by authoritie of he same Provided alwayes that no manner of dispensitions licences faculties or other res●ri●ts or writings hereafter to be granted by the Archbishop or his commissary being of such importance that the taxe for the expedition therof at Rome extended to the summe of foure pounds or aboue shall in any wise be put in execution till the same lic●nce dispensation facultie rescript or other writing of what name or nature soever it be be first confirmed by his 〈◊〉 has heirs or successors kings of the Realme under the great seale and enrolled in the Chauncerie in a Roll by a Clarke to bee appointed for the same It was therefore justly written by Mr. Cartwright that the Archbishop saving profession of obedience to the King was made Pope in the Bishop of Romes place and that he exerciseth untollerable and filthy Marchandise These faculties are to be considered either particularly or generally 1. particularly such as are often granted after summary examination and triall of the cause as 1. to appoint publick Notaries 2. to give licence to the sickly women travelling with child aged and diseased persons to eat flesh on forbidden dayes for some politicall respects 3. to solemnize matrimonie howbeit thrice open publication of the Banne● hath not preceeded 4. In cases which belong to benefices Notaries which are called Registers are appoynted by Bishops and Archdeacons respectively Publike Notaries appointed by Archbishops serve as I suppose the Diocies of the whole province Seeing they haue such manner of courts and officers under them depending wholly on them it is no wonder that they have this prerogative engrossed in their hands also amongst many moe If he grant licence to eate flesh onely for politicall reasons wherefore are the same fasting dayes or dayes of abstinence from flesh observed which the Papists observe wherfore doth the curate in time of
Ecclesiasticall or civill persons as for example the Lieutenant of the Tower and the Postmaster as with us the Archbishop may assume any foure of the number to be his assessours as for example Mr. Thomas Henderson comissarie of Edinburgh M. Iohn Weemes commissarie of Saintandros M. Iames Hammilton commissarie of Glasgow and the Chauntour of Glasgow Mr. David Sharpe or any other foure Ecclesiasticall persons or civill enrolled in the letters patents These three as for example the Archbishop Postmaster and Lieutenant of the Tower have power to inquire in all heresies errours schismes contempts and enormities whatsoever which were wont to be reformed by Ecclesiasticall lawes and jurisdiction in all offences and contempts committed against the forme of their service and common prayers and other late statutes made anent Ecclesiasticall matters as also seditious bookes private conventicles adulteries fornications outragious misbehaviours disorders in marriages and other offences particularly expressed in the letters patents and all other grievous offences punishable by the Ecclesiasticall lawes of the Realme So with us the five as for example the five abovenamed have power to take triall of all offenders in life and doctrine or religion or scandalous in any of these intercommoners and recepters of Iesuites Seminarie and Masse Priests hearers of Masse and excommunicate Papists so like recusants or not communicants so like incestuous or adulterous persous obstinate contemners of the discipline of of the Kirke and excommunicate for the same all ministers preachers Doctors or masters of Schooles Colledges and universities all exhorting and lecturing Readers for preaching or speaking in publicke against the present established order of the kirk truth or estate against any of the conclusions of the bypast generall assemblies of the Kirk truth specially of the acts of generall Assembly holden at Perth in the moneth of August 1618 truth and all disobeyers of the sayd acts truth likewise writers of Pamphlets contrary to any of the constitutions of the Kirke or Printers of the sayd bookes and pamphlets truth or of any other bookes without licence These three commissioners may authorize their drunken pursevant to breake open mens studies chambers coffers letternes and search if there be any bookes or writs against their Hierarchie and the orders of their Kirke and to spoile at their pleasure These three commissioners may convent before them any subject of whatsoever degree or calling civill or Ecclesiasticall in whatsoever season of the yeare earing time or harvest from whatsoever part of the kingdome even the remotest for whatsoever offence reputed Ecclesiasticall even the lightest to the great detriment and domage of the subjects So with us may these or any other five in the number the Archbishop or any one of them being alwayes present summon and call before them at the times and places they shall thinke most convenient any person dwelling within the kingdom of Scotland and provinces of Saintandros and Glasgow These three commissioners have power to command the Shireffes Iustices and other officers and subjects to apprehend or cause to be apprehended such persons as they shal think good and take such bonds for their appearance as they shall prescrive or to commit them to prison So may the five with us direct their warrant to the Captaine and Lieutenant of the Kings guard the Provost and Bailies of the Burgh where they shall happen to sit Shiriffes and Bailies of Regalities to search take and apprehend whom they please and to present them before them The three commissioners have power to force any person convented before them whom they suspect to accuse himselfe upon his own oath to answer to their interrogatories when there is no accuser nor article of accusation libelled against him He must sweare to answer to that which he doth not as yet understand not so much as in generall And to grace this oath they call it the oath ex officio If any person refuse to take this oath hee is forthwith committed to prison The manner of taking the oath is by laying their hand or three fingers on the book to sweare by God and the contents of the booke that they shall answer truely to such things as shall bee demanded of them and when the book is kissed the oath is accepted as Barow reporteth in his Discovery And although the penalties of the statutes bee never so great as Premunire abjuration forfeiture of lands and goods and some of the offences are limited to bee tried onely in the Kings Bench yet the partie suspected shall be forced by this commission to accuse himselfe upon his owne oath upon such captious interrogatories as the wit of man can devise when there is neither accuser nor libell of accusation sayth Nicholas Fuller in his arguments and defence of his Clients This oath was set on foot under King Henry the 4. at the instant sute of the Prelates for detecting and suppressing of those whom that blind age called Lollards that is for suppressing of the Gospell which was peeping out of corners The Commons repined against that Statute ex officio and the godly wrote against it as a bloodie Maximinian law They were first ordeined to accuse themselves and then to be burnt See Fox in Henry 4. The same oath doe the Prelates now make a meanes to suppresse a due reformation of their Church Worthy Vdal and many more have ended their daies in the prison for refusall of this unjust and superstitious oath The three Commissioners have power to fine at their discretions to commit to prison for non compearance or for contumacie in refusing to obey their decrees or reputed desert of their offence and all the Iayles Wards and Prisons in the land are at their command to receive the person committed and sent by them to prison So with us the Captaines and Constables of the Kings Wardes and Castles jaylors keepers of prisons in burgh or land are charged to receive and deteyne all persons directed to them in such forme as shall be prescribed in the warrant subscribed by any five of them one of the Archbishops being alwayes of the number Neither may the imprisoned be set at libertie but at their pleasures And with us also the Lords of his Ma privie Councell are required upon the sight of any certificate subscribed by any 5. of the sayd Cōmissioners one of the sayd Archbishops being alwayes one either of fine imposed upō any party or upon the refusing to compeir before the sayd Cōmissioners to direct a summar charge of horning upō ten dayes for payment of the fine that shall be imposed upon them and to direct others letters for denouncing persons that shall refuse to compeir before the sayd Commissioners of the which letters no suspension or relaxation shall be granted without a testimony under one of the Archbishops hands of the parties obedience and satisfaction Howbeit with them they bee thus authorized by the Kings letters patents to fine ward and imprison yet are they not so