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A13156 An ansvvere to a certaine libel supplicatorie, or rather diffamatory and also to certaine calumnious articles, and interrogatories, both printed and scattered in secret corners, to the slaunder of the ecclesiasticall state, and put forth vnder the name and title of a petition directed to her Maiestie: vvherein not onely the friuolous discourse of the petitioner is refuted, but also the accusation against the disciplinarians his clyents iustified, and the slaunderous cauils at the present gouernement disciphred by Mathew Sutcliffe. Sutcliffe, Matthew, 1550?-1629. 1592 (1592) STC 23450; ESTC S117875 163,829 254

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crowne and for a contumacious and rebellious person that maketh question whether hee ought to obey such lawes as her Maiestie and the whole parliament and wisest men of England haue thought to bee godly and conuenient and lastly in what case the Putcase and his fellowes are that in broade speeches openly and in printed bookes directly oppugne them and by calumnious questions pinch at them 2 Quaere whether those that woulde ouerthrowe not onely the priuiledges and liberties of the Church of England but also the whole ecclesiasticall state their iurisdiction and liuings seeke not the ouerthrowe of Magna charta and infinite statutes and of a great part of the common lawes of this Realiue and seeke the dishonour of her Maiestie and the state by requiring at her handes things that tende to the violating of her oathe taken at the time of her coronation and the ouerthrowe of the rewardes of learning and whether such as are chiefe doers in these causes are longer to bee suffered to proce do in their presumption 3 And because the Putcase maketh mention of that reuerende Iudge Sir Christopher Wray late lorde chiefe Iustice of England let him also answere whether hee did nor both in his opinion as a iudge and in bitter re●mes as a man in vtter dislike of these mens obstinacie coudemne those that obstinately refused before ecclesiastical iudges to take their othes or to declare being examined mattens concerning themselues or others so farre as then concerned had life or member and whether the reuerend learned iudge and lawyers of England haue not resolued the proceedings of ecclestasticall courts to be lawfull and disallowed the notorious contumacie of those men that refused notwithstanding vpon their owne vaine conceipts to answere 4. Quaere whether the booke of Fenner that is intituled sacra Theologia and came forth with the Pythagoricall allowance of T. C. conteine not strange diuinitie and whether it be likely that the resolutions of the consistorie shoulde bemore learned then the positions of two such omniscient diuines 5 Quaere whether it bee not reason to make T.C. recant those dangerous opinions he hath published in that booke and whether those that made the newe communion booke are not to be called in question for publishing of new confessions offaith and new doctrine 6 Let also great inquiry be made by what law or title the churchaldermen do clayme so large authority both in ecclesiasticall and domesticall matters as lately they haue taken vpon them in some churches k Quaere what is become of the actes and memorials of the consistorie that is supposed to haue beene both in the Church of God vnder the lawe and vnder the Gospell and what may bee the reason that so famous men should neither haue their names nor doings mentioned in any historie holy or prophane or other writing Quaere whether such as suffer their children to die without baptisme because the time of the assembly of the congregation commeth not betweene their birth and death are not guilty of contempt of baptisme and whether they that teach this doctrine bee found christians that rather then they will breake a consistorial rule will suffer christians children to depart without the badge and marke of christianitie 9 Quaere whether they that cal those scriptures which are commonly called Apocryphall lyes and fables doe therein declare themselues to haue the iudgement of learned men or modestie of ciuill persons seeing the fathers of olde time and diuers learned men of our times also doe honor them next after the Canonicall scriptures 1 Zanch. confess and whether T.C. would not take it in euill part to haue his voluminous replies called lyes and fables which notwithstanding are farre inferior to the worst part of the Apocryphal scriptures 10 Quaere whether the consistoriall constitutions doe not bring into vse the iudiciall lawes of Moses as for example that of retaliation of capitall punishments of adulterie and blasphemie and whether felonies that were by Moses lawe punished ciuilly may not be punished with death and whether that the Consistoriall faction doeth not deny her Maiestie power to pardon offenders that by Moses iudiciall lawes are to be punished with death 11 Quaere how it happeneth that the disciplinarians shame not to speake against Bishops which themselues deny not to haue bene euer in the Church since the Apostles times and which we offer to proue to haue authoritie by the word of God seeing they commend a fond and new found gouernement that hath neither authoritie of lawe nor confirmation by ancient practise the lawes whereof are most absurde and vnreasonable 12 Quaere by what authoritie they interpre the wordes Dic Ecclesiae and presbyteriqui bene praesunt c. and the wordes of the Apostle 1. Cor. 12.28 Ephes 4.10 Rom. 12. contratrarie to all the ancient fathers to histories to themselues yea contrarie to the text it selfe and common reason 13. Quaere why Ministersshould not be forced as well to subscribe to the gouernmēt of the church of England as the ministers of France to the French discipline they of Geneua to the ordinances of Geneua these being so lately inuented and established and hauing so notorious exceptions against them and being no way to be compared to the orders of our Church for authoritie antiquitie or other good condition or qualitie 14 Quaere whether the Consistorie decreeing and proceeding contrarie to the discipline of France and Geneua and their new Zion is to be allowed or obeyed and whether euery acte of the Consistorie be lawe to binde the rest of that congregation and if it be then what certeintie can be in that gouernement and whether that gouernement be not worse then papall seeing the Popes proceede according to their owne lawes these fellowes will not be bounde by any lawes either of their owne or others 15 Quaere if the Consistories sentence be the sentence of the Church whereunto euery one is to obey and he that obeyeth not to be holden as a heathen and publican how it chanceth that the Synode sometimes is so bolde as to reuerse the Consistories sentence and not to holde the disobedient as a publican and sinner 16 Quaere if by the wordes It shall not be so with you all power of ordination iudgement making and executing of orders deposing of ministers and such like authoritie be taken from Bishops by what reason the ministers of the new discipline in their new Consistories and Synodes take on them so peremptorily to put in and out and to make lawes and to determine most absolutely and imperiously 17 Quaere what time of the yeere and vnder what signe the resolutions of the Consistorie are most ripe viz. whether when the sunne entereth into Aries or Capricorne or in haruest time or midsommer moone and whether a madman that hath Lucida interualla as one of the authors of the petition hath bee a sound man to make a piller of the Consistorie and what order is to be taken
established doth not follow Wherefore vnlesse the author his partakers haue better supply of reasons then he hath brought here there is no cause he should desire conference or disputation If he desire to shew his skil in writing why doth he not take those bookes that haue bene written in this argument in hand and confute thē frō point to point why doth not T. Cartw. answere in the defence of his consistorie If he say that imprisonment hath hitherto bene an hinderance vnto him yet will not that excuse serue the rest that were neuer in prison why doe not W. Tr. Will. Ch. D. Sp. and others confirme their demonstrations of discipline wherein all their reasons stand confuted hauing so much worke to doe why shoulde he desire more belike this petition was made to bragge men downe but if he thinke he can do it he deceiueth himselfe for as farre as her Maiestie and lawes will permit they shall find a number readie in all sortes to encounter them but the libellers meaning is not to dispute as I thinke for no man hath worse grace in disputing nor more simple facultie in writing by hiding his head he seemeth rather to be ready to flye then fight his talke therefore of aduised writings is idle for both T. Cartw. and he hath written many things vnaduisedly and both flye the hammering of their cause only his purpose is to slander the state by libels to lurke in corners to haue all ecclesiasticall lawes and gouernement left without defence so that euery man might speake against them without eyther feare of punishment or controlment which neyther is good nor commendable for it would be most absurde if 3 or 4 difformed platformers should be suffered to dispute in schooles that her Maiesties authoritie is vnlawfull that our lawes and gouernement is wicked that the state is to be changed As for the course that Doctor Rainolaes vsed against Hart it was lawfull he being thereto authorised percase fitting for him might better be suffred being in poynts of religion resolued then in gouernement doubted of yet was it long and without effect but this course of priuate conference by writing which the libeller desireth in this cause is leude being against her Maiestie the lawes and state it would bee a way to rebellion it would make more contention it would bee infinite tedious and to no purpose the godly and Christian Emperors of Rome were of a contrary mind to this libeller for in diuerse expresse lawes they vpon great penalties forbid any to call in question the confession of faith of the Church 1 Cod. de sum trinit fid cath forbidding vt nemode capublicè contendere audeat neither doth the 2 Admonit de de lib. concord author of the admonition to the Churches of Saxonye allowe any such course as the libeller desireth nay his desire is that matters may bee discussed in some synode of learned men what shame then is it to deuise leude meanes to trouble the Church and falsly to impute them to those that neuer vsed them nor thought them conuenient the libeller therefore may do well hereafter to leaue to the wisedome of her Maiestie and the rest of the gouernors of the Church common wealth the composing of matters which is best wrought by good lawes and sharpe punishment that such as will not be answered with reason may like dizards bee corrected with rods wherein if he thinke himselfe dealt withall vniustly let him come forth when he will eyther in aduised or vnaduised writing his cause shal be prooued wicked and his consortes facts auowed punishable CAP. II. That there neuer was any gouernment by Church aldermen or supposed Ecclesiasticall Consistorie eyther vnder the lawe or in the Apostles times or after nor can without great iniurie to the Church of England to the Magistrates and others be admitted ALthough this positiō hath bene so fully 1 In the booke de presbyterio proued that neither T. Cartw. nor his schollers nor the whole packe of our aduersaries haue as yet made answere yet because the booke where the discourse is cōteined is in latine which percase thou vnderstandest not the argumēts lie dispersed so that without difficulty they cannot be gathered I wil here make a briefe of thē So shalt thou see what a cleare trueth this wise disputer thinketh to batter with vaine shew of mens opinions and be better resolued of the notorious vanitie of the consistoriall discipline That the Iewes had no meere ecclesiasticall consistory distinct frō the benches that handled ciuil causes these reasons may ascerteine vs. First there is no place of scripture where the institution of it may be found Those iudges that are mentioned Exod. 18 Deut. 17 are of an other sort for they heard all ciuil causes yea causes of blood inflicted ciuil punishmēts vpon offenders Those that are founde in the 11 of Numbers were of the princes counsel And other sorts of Collegiat Elders and Iudges are none found Let them shew them if they can the place of Leuiticus toucheth onely priestes in particuler and matters concerning their only office Further there appeareth no cōmission to haue bene giuē to any bēch of Iudges to determine ecclesiastical causes seuerally neither are there any lawes prescribed in Gods word to direct them by so that if any Iudged in such causes they proceeded both without authority and also direction which were very absurd to thinke for if God had appointed any such order of Iudges hee would no doubt haue giuen them authoritie and directions There appeareth not the lest step of any act of any such eccle siastical cōsistory through the whole scriptures or stories of the Iewes there is no memory found of thē in the time of Moses nothing vnder the iudges or kings or in the decay of the Iewish state not so much as the Sanedrin that condēned Christ to death is any precedent of the ecclesiastical cōsistorie whatsoeuer Beza can say to the cōtrary for it was the only remainder of the Iewish pollicy succeeded in the place of the counsell Numbers 11 and of the Iudges appointed Deut. 17 as is apparent by examination of the authority and acts of it All that authority which this ecclesiastical consistory is supposed to haue was either in thepriests or princes The princes in the time of Moses of the iudges kings made lawes and gaue souereign directiōs The priests iudged of things cleane vncleane executed caused al ecclesiasticall orders to be obserued 2. Chron. 19. exod 18. The priests Leuites appointed by the prince iudged of right wrong consecrated others to the functions of priesthood where was thē the ecclesiastical chimerical consistory all this while or how could it be supposed that others would encroch vpō the priestsoffice being debarred by Gods law not being mentioned in scripture or histories Neither are the ecclesiastical consistories commended for wel doing