Selected quad for the lemma: majesty_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
majesty_n	earl_n	lord_n	viscount_n	9,628	5	12.3529	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A48310	Memoranda : touching the oath ex officio, pretended self-accusation, and canonical purgation together with some notes about the making of some new, and alteration and explanation of some old laws, all most humbly submitted to the consideration of this Parliament / by Edw. Lake ...	Lake, Edward, Sir, 1596 or 7-1674.	1662 (1662)	Wing L188; ESTC R14261	107,287	162

Memoranda TOUCHING THE OATH Ex officio Pretended Self-Accusation and Canonical Purgation Together with some NOTES about the making of some New and alteration and explanation of some Old LAWS All most humbly submitted to the consideration of this PARLIAMENT By EDW. LAKE Philo-Monarcho-phil Justitia Reip. Basis LONDON Printed for R. Royston Bookseller to the Kings most Excellent Majesty at the Angel in Ivy-Lane 1662. To the Right Honourable WILLIAM EARL of STRAFFORD Viscount Wentworth Baron Wentworth of Wentworth Woodhouse Newmarch Oversley and Rabye Knight of the most Honourable Order of the GARTER MY LORD SUch hath been the power of Custom for many Ages that the Authors not onely of just Volumes but of small Treatises too have ever been desirous I know not whether I may say Ambitious to dedicate them to some person of eminent quality and condition as it were Clients to their Patrons for the protecting and crediting them Hereby the Authors have oftentimes gained their desires and the Patrons especially when the excellency of such Books did deservedly acquire it addition of honour and fame and also propagated the continuance thereof to all posterity Numerous instances hereof might be given but Mecaenas may be instar omnium which name of a Nobleman hath in a manner monopolized all noble Patrons as Patron 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 My Lord I am far from having any such opinion of this small Treatise indeed not deserving that name being in great part but an epitomized Collection and the rest brief Memoranda's or Notes rather to excite others to proceed upon that Subject then to rest on this though if by this or any other Act of mine any accesse of Honour could accrue to your Lordship I hold my self justly obliged humbly to present and tender it But my Lord the full scope of my intention in this Model is to the best of my Judgment which I alwayes submit to better and of my skill and power to contribute something tending to the further happinesse and continuance of Truth and Peace with Justice and Honour in this Church and State now by Gods blessing to whom be all Honour and Praise ex post-liminio as it were freed from Slavery and Tyrannical Oppression and restored to a capacity of their pristine Beauty and Splendour by the most happy Restauration of our most Gracious SOVERAIGN whom God preserve This I am sure as my Heart prompts me to speak is my sole intention which aymes onely at the advancement of the Publick Good and is not tainted with any drachm of private Interest And my Lord knowing you do Patrizare that most honoured Father of yours whose Memory must never perish whose Losse this Church and State have too sadly felt but Quis talia fando c. and that I may say as Tertullian de Resurrectione carnis sayes of the Phoenix raised out of the ashes of his dead Sire Alter idem Justitiae Honoris cultor sincerus maximè as he was that emboldens me to desire your Lordships leave to prefix your Name that this may be as an Accessory to follow its desired Principal And knowing you to be such I cannot but as all that know you as well as I I am confident do wish for the common good that your Lordship were put in statum merendi into the sphere of your proper Activity that the Publick might reap the benefit thereof of and that your Talent might be no longer as it was whilest Rebellious Usurpation caused it and did obicem ponere now removed wrapt up in a Napkin nor your Candle hid under a Bushel So wishes so prayes MY LORD Your Lordships much bounden and most humble Servant EDWARD LAKE Westminster 11. Novemb. 1661. To the READER SOme account may perhaps be expected to be given of this small endeavour touching the passing that Act of clearing the doubt touching Coercive Power in Causes Ecclesiastical wherein is that Proviso that forbids all Ecclesiasticall Judges to tender or administer an Oath to any person Ex Officio or otherwise or Purgation whereby any person may confesse or accuse himself so as to make him or her liable to censure or punishment There were not a few persons unfriends at least to the Discipline of the Church of England that insulted much as is touched hereafter and clamoured of the oppression of the Ecclesiastical Courts that hath been say they all the time before the passing of that Act that took away that Oath It was suitable to their interest to call that oppression When Brutus had murdered Caesar he called him Tyrant Ita enim appellari Caesarem facto ejus expediebat saith Velleius Paterculus Histor lib. 2. From the time of passing that Act till within these few dayes I expected from abler pens some Vindication of the proceedings of Ecclesiasticall Courts as touching such Oath and Canonical Purgation and the lawful and expedient use thereof before that Act but none that I hear of attempting it I looked upon the cause as a Derelict took it up and though by the late iniquity of the times I being too much severall wayes unfurnished for such a Work yet if but to give some satisfaction to indifferent men and to wipe away at least in part causeless calumny and to stir up others to a further prosecution hereof I conceived I might adventure upon this little Modell or Plat-form and perhaps more fitly at this time then another till a more complete Structure may be raised upon this subject if more be needful being so learnedly and fully handled especially by Doctor Cosens sometimes Dean of the Arches and that late glory of our Church Doctor Andrewes late Lord Bishop of Winchester That I should escape from objections and censures too I can scarce suppose upon such a Subject as this is ingrateful to such men as are haeredes ex asse to the ancient opposers of it and are inveighers against it and those that executed it quos laeserint oderint alwayes excepting the Members of both Houses of Parliament out of that number Some too perhaps may dislike my Dedication of it though no Act more free then that as not to some of my own profession or rather to my own most Learned and Pious Diocesan the Reverend Father in God Doctor Robert Sanderson Lord Bishop of Lincoln having relation to him by Office of Trust To him and them I should rather have made my addresse then Dedication and have herein consulted with them had time and convenience served before I had attempted this and not carry Owles to Athens go about to give instruction to them from whom I should rather have received it But as to that most Noble Person to whom this is inscribed though according to his Birth and Education his motion hath alwayes been in an higher Orbe and Contemplation of affaires of greater moment more immediately enabling him to serve his King and Country But they by being somewhat more particularly concerned in a great part of the subject matter hereof therefore by some

that these Oaths Ex officio and Purgation should continue in proceeding at Common Law and not in the Spiritual and Ecclesiastical Courts or Courts Christian as at Common Law by the Laws of the Land they are styled a Title we like well and surely that Nick-name suitable to such debauched and dissolute persons that gave it because in these Courts their unclean crimes were punished and that did commovere bilem though they were punished there onely as before Medicinally to acknowledge their crimes to aske God and the congregation forgivenesse and to take away the evil and scandal and not mulcted or corporally punished by imprisonment or otherwise I say that Nick-name should it be given at all to any court as it ought not it would rather lean to such courts as inflict corporal punishments and mulcts upon such criminous persons by Imprisonment keeping the Bastard children whipping or otherwise corporally punishing them I wish and hope that as both the professions of both Robes sit as sisters under one Crown derive from one and the same head and draw from one and the same Fountain so each knowing their certain bounds and limits of Jurisdiction which if not clearly and explicitely settled I wish and hope will be may proceed christianly charitably and friendly in their several spheres of activity without clashing or the least dissention to Gods glory the good of this Church and Srate and the just distribution of Justice to the benefit and comfort of all the Subjects in His Majesties Dominions Let us all remember that not long since there was a generation of men then too much in power that had an equal tooth against both the Professions would gladly have seen the destruction of both and made too great a progresse in it The noble Professon and Professors of the common Law could then expect little more favour then Polyphemus promised Vlysses that he should be the last that should be devoured And probably enough some of them stirred up some of the lesse-considerable common Lawyers and such as favoured their side too much for in all Professions there is good and bad to be iustrumental in the abolition of the Civil Law and when that was done when the out-works were taken in then to have a bout with the Fort it self They have shewed their Method No Bishop no King But concord and peace it is to be hoped will duly and indissolubly cement these two Professions if amongst our selves we do not ponere obicem and dis-joyne the union Let us never forget St. Pauls good counsel and caution All the Law is fulfilled in one word even in this Thou shalt love thy neighbour as thy self But if ye bite and devour one another take heed ye he not consumed one of another For the Civilians if they have many enemies and but few friends as was said by one that 't is hoped hath no disaffection to that profession or professors of it but rather in a just resentment of their oppression sutable to his birth and noble disposition if so I say they may comfort themselves in this that they were put to the test in the beginning of the Long Parliament when their factious Accusers were sufficiently numerous and virulent and had they been found guilty they had not then escaped punishment severe and infamous enough They could not easily have been highlier justified then that way which made it appear to all the world that that clamorous party through the sides of the Civilians intended to strike at and wound their Superiors and so serve turns and ends and compasse their long-weav'd design If the Civilians do their parts in their Functions uprightly and diligently which their own consciences doubtlesse will prompt them to and the vigilancy of their factious Adversaries over their actions may serve to keep them awake 't is to be hoped they will every way find comfort and encouragement However that peace at the last and the continual Feast in the interim will buoy them up above the greatest waves of envy or malice Good men will be their friends though the contrary be their enemies and one Cato is better then a Theaire And we cannot but be confident that we shall never have cause to say as some said in another case Non nos Resp. sed defuit nobis Respublica We have a gracious KING whom God protect blesse and prolong his dayes Et Spes Ratio studiorum in Caesare He we doubt not will as before him his Royal Father Charles the first King and Martyr and his Grandfather King James of blessed memory look upon us with a favourable eye according as he finds we endeavour faithfully and diligently to serve the Church and State that is to serve him they who faile therein deserve not to be remembred And besides the general His Sacred Majesty hath in particular demonstrated his gracious favour that way by the addition of honour and honourary revenue to the Masters of the Chancery Civilians for the most part an act that if possibly there can be an addition adds to the just obligation of duty service and gratitude which they owe his most excellent Majesty And all due thankfulnesse and honour the same Profession must ever acknowledge and render to the Right Honourable the Earl of Clarendon Lord Chancellor of England for his special favours to that Profession and Professors and for his mediation and being instrumental as none I believe can suppose otherwise in the obtaining that favour and bounty to the Masters of the Chancery and by furthering the continuance of His Majesties gracious inclination towards them We blesse God and His Majesty and his Lordship for it and are I hope and ever shall be most thankful for it and rejoyce and comfort our selves in it and Rumpatur quisquis rumpitur invidia Now as in the Preface I thought fit to subjoyn that little Manuscript touching the Oath ex officio with that Determination touching the same by that glory of our Church the late Lord Bishop Lancelot Andrews Bishop of Winchester A Manuscript treating of the Oath Ex officio said to be Doctor Davenants late Lord Bishop of Sarisbury 1. THat which the Commons House complained of is that the Commissioners Ecclesiastical proceed Ex officio that is say they without a known Accuser 2. And that they cause men to answer upon their oath that which they would have is this 1. That no man should be dealt with but an Accuser should stand forth and that no Oath should be ministred to a man in his own cause That which your Lordships have enjoyned me is to shew my opinion whether the courses complained of be warrantable by the Word of God or no. Two parts there are distinctly to be spoken to the one of proceeding without a known Accuser the other of proceeding by way of Oath I begin with them generally at large and after as they concern Ecclesiastical proceedings 1. The end of all Judgments in all Courts is to remove evil The

they were taken and of their actings and not to remain as they do in the view of the owners perhaps purposely in despight exposed to such publick view This works contrary to His Majesties pious intention and that Act of Oblivion it continues does not abolish the memory of our former divisions when the spoiled shall see as a continual Eye-sore their proper goods in the possession of the spoiler whilest the spoiled for want of them perhaps is ready to starve and perhaps the spoiler makes his livelyhood out of them if not steps of preferment too The Heathen Poet could say of the Civil wars of Rome Bella geri placuit nullos habitura triumphos But surely this looks like a continued triumph after the Warre Reparation to persons spoyled Some have wished that that motion in the last Parliament or Assembly or Convention that ended in December 1660 made in the Lords House might be renewed that the spoyled party might at least in some good measure be repaired by some publick Tax made for that purpose and due consideration to be had of such suffering spoyled persons that constant never-changing Loyalty may have some encouragement and comfort besides that of a good conscience Touching the Long Parliament Some have wished that it might have been by Act of Parliament declared if thought sic that the Long Parliament notwithstanding that Act for the continuing of it till it should be dissolved by Act of Parliament was dissolved or declared void and null from such a day as should have been by advice of the Judges and learned in the Laws agreed upon And that also if thought fit consideration should have been had particularly from what time that dissolution annulling or making void should have commenced whether from the time that His late Majesty was driven from the Parliament by tumults and riots which as is known some if not many Members especially of the then Commons House in that Long Parliament that took up Arms against the King were so far from causing to be suppressed though His Majesty desired it that they were set on by them as is notorious And also if thought fit that if not from that time yet from the time they voted to live and dye with the Earl of Essex by them voted to be their General against the King and upon the matter causing those Members to leave the House that would not vote with them And whether that His Majesty calling them afterwards a Parliament as they alledged when they were in Arms against him though perhaps His Protestation to the contrary was entred in the Council-book could any wayes entitle them to a lawful Parliament And also if thought fitting that it should have been by Act of Parliament declared that any Member of Parliament offending against 25 E. 3. in raising or bearing Arms or maintaining them against the King ipso facto ceases to be a Member of Parliament for that a Rebel and a Parliament-man are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And also if thought fit that the Judges of the Land consulting together should have declared as they did in King James his time in that case about Watson and Clerk the Seminary Priests that the Kings Coronation was but a Ceremony and that without it the King was a complete King that that Long Parliament was dissolved from such a day as they should have found by Law that it was dissolved or annulled whether it was from the time of His late Majesties expulsion from his Parliament as before or from the time of voting to live and dye with the Earl of Essex or of their Votes of no further addresses to the King who called them to consult with him whether they did not then openly dissolve themselves by refusing to consult with him or from his death when they could consult no more with him And also if thought fit that it should have been so declared and enacted that though the King had passed an Act that the Parliament should fit till they were dissolved by an Act of Parliament and that if it had been expressed that it should be so notwithstanding that His Majesty should dye in the interim yet such an Act could not bind him nor his Successor especially when in that Act for continuing that Parliament till by such Act it should be dissolved there is no such mention that it should continue after his death that called it and that the King cannot be concerned at leastwise concluded any wayes in any Act of Parliament to his damage prejudice or diminution of his Royal Prerogative or Authority except at least he explicitely and freely consent to it be specially comprized and named in that Act to that purpose or whether he can though he so consent it following plainly that if by taking up Arms or bearing Arms against the King a Parliament-man ceases to be so nor can sit any longer in the House Then in that case none ought truly to be accounted secluded or excluded Members but onely these that would not then vote to live and dye with the Earl of Essex nor would assent to the raising of arms against the King but thereupon left the House or were expelled thence either by the Votes of the rest or by menaces just fear that might incidere in constantem virum or by tumultuous force so that if the Parliament if not by the reasons aforesaid yet at least by the death of the King being dissolved as to think the contrary is most void of reason or truth if I say it had not been so dissolved then those secluded or excluded Members they onely ought to have been restored and none of the rest that acted against the King by taking up Arms against him or acting against him ought to have been restored Such offended against the Act of 25 E. 3. raising Arms against the King c. counterfeiting or making a new Great Seal c. and their being Members of Parliament being as before inconsistent and for the void places His Majesty to issue out Writs for free legal and new Elections The keeping of the Records in the Tower And also that the keeping of the Records in the Tower should be in the hands of a known trusty Loyalist and none other in regard of the danger of imbezelling or corrupting them by any person of other principles not affected to Monarchical government by Law established to the great damage of the King and his Subjects The Militia And also that the Militia and all Offices and places of trust and concernment for the peace and safety of the Kingdoms and for the prevention of future Faction Sedition and disturbance of such peace and endangering such safety should be committed onely to the hands and especially for a competent space of time as by such free and legal Parliament or by His Majesty shall be agreed upon of known experienc'd Loyalists and not to any that may be reasonably presumed or suspected to be otherwise That rule may somtimes hold and not