Selected quad for the lemma: power_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
power_n	authority_n	church_n	key_n	4,079	5	9.8284	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A45196	Mr. Emmertons marriage with Mrs. Bridget Hyde considered wherein is discoursed the rights and nature of marriage, what authority the Curia Christianitatis hath in matrimonial causes at this day, the levitical degrees, the bounds of a legal marriage, and the reasons thereof, and that now matrimonial causes are determinable by virtue of the statute of H. 8. by the judges of common law : in a letter from a gentleman in the country to one of the commissioners delegates in that cause, desiring his opinion therein.	Hunt, Thomas, 1627?-1688.	1682 (1682)	Wing H3757; ESTC R15660	26,212	49

to his Sons Wife Of the Brother to his Brothers Wife Of a man to his Wives Sons Daughter Of a Man to his Wives Daughters Daughter Of a Man to his Wives Sister Are plainly prohibited by Gods Law and that no man can dispense with Gods Law and that a separation be in such marriages be definitive Sentence in the Spiritual Courts of the Kingdom without prohibition from or appeal to Rome of such marriages By this Act marriages did become of lay Cognizance faith Sir John Vaughan R. 214. for the Kings Court were requir'd by this Law by the Kings writ of Mandamus to enjoyn the Ecclesiastical Courts to treat such unlawful Persons pretending marriage as incestuous Persons But whether this statute made marriages of lay Cognizance I will not determine for the statute that direct to whom administration shall be committed doth not take the matter of administration to the Common Law Courts neither do the writs of our Courts of Westminster which issue to the Bishops commanding them to assail an Excommunicant give the power of the Keys to the Secular Courts There was nothing by this Act of 25. H. 8. done to restrain the power of the Church in declaring what other marriages were unlawfull This Act only restrained the Popes power of dispensing with such unlawful marriages and gave Authority to the Kings Court to injoyn and command the Ecclesiastical Courts to dissolve such marriages by their definitive Sentence without regard had to the prohibition from or Appeal to Rome But the statute 28. H. 8. C. 7. the former Act of 25. is repealed but the power of the Papal dispensation in such marriages is condemned the said marriages are recited again and declared to be prohibited by Gods Law only with these differences that in the prohibition of the Sons marrying the Step-mother of marrying the Unckles Wife of the Father marrying his Sons Wife of the Brother marrying the Brothers Wife is added carnally known by the Father Unckle Son Brother respectively and in the prohibition to marry the Wives Daughter or her Sons Daughter or her Daughters is added having Carnal Knowledg of his Wife And with this further addition That if any man carnally know any woman all persons in any degree of consanguinity or affinity of the persons so offending shall be adjudged to be within the said prohibitions in like manner as if the parties so marrying one another had been marryed for instance if a man carnally know a Woman not marrying her he is prohibited to marry her daughter or daughters daughter In all other clauses this Act and the former Act of 25 are Verbatim the same and this Act is in force Sir John Vaughan says Rep. 215. that these degrees were the second time made of Lay Cognizance In this Act dispensations for such marriages are prohibited And for that this Act did declare these marriages to be prohibited by Gods Law they were declared and made indispensably unlawful null void and that they could not be ligitimated by the Papal Authority And thereby the Common Law Courts had a power given them to issue out the Kings writ of mandamus to require them to dissolve such Marriages by their definitive sentence But the Arbitrary power of that Church in defining the lawfulness of marriages yet remained in full force and unimpeached which was an Authority very much abus'd by unreasonable restraints of the freedom of marriage for Remedy of this there was a provision made by 28. H. 8. C. 16. That all marriages made before the 3d day of Nov. 26. H. 8. whereof there is no divorce had by the Ecclesiastical Laws of the Realm and which be not prohibited by Gods Law limited and declared in the Act made this present Parliament for Establishing the King's Succession or otherwise by holy Scriptures shall be lawfull and effectual by Authority of this present Parliament This Law went in Confirmation but to some few marriages before that time made and not rescinded by divorce thus forbidden by the Canons of the Church but yet left the power of the Church unabated still in declaring marriages unlawful other than are by the Law in Leviticus prohibited in all marriages but those within that time made and not divorced But by the statute of 32. H. 8. Cap. 34. a full and compleat remedy is provided against the unreasonable assumings of the Canon Law to restrain the Liberty of marriage for slight and phantastical motives and inducements by which the Virtue of Chastity was not materially promoted By this act it was declared That all persons lawfull to contract marriages that be not prohibited by Gods Law to marry And it is thereby enacted That no prohibition or reservation Gods Law Except shall trouble or impeach any marriage without the Levitical degrees And that no Person of what Estate degree or Condition whatsoever he or she be shall after the said first day of the month of July aforesaid be admitted in any spiritual Courts within the Kings Realm or any by Graces other Lands and Dominions to any process plea or allegation contrary to this Act some part of this as to precontracts was repeal'd by Ed. 6. and the residue was repeal'd by 1. 2. P. m. but it is revived 1. Eliz. Cap. 2. and now in full force Note That the words by Gods Law and the words or otherwise by Holy Scripture in these two last mentioned Acts refer both to the Laws about marriages in Leviticus But for that besides the cases expresly limited and declared in that Law other marriages within a parity of reason by the true sense of that Law which is the Law and the Scripture might be intended prohibited and therefore prohibited by that Law it is added or otherwise in holy Scripture Besides that of Leviticus there is no part of the old Testament if that prohibits or makes unlawfull any marriage Christ made no Law about the Lawfulness of marriages but confirm'd those which the Law of Moses had allowed against the abuse of the liberty of divorcing permitted to the Jews by the Law of Moses By the aforementioned statute that Law in Leviticus is made the statute Law of England it is become of Lay Cognizance and however the Divines may gloss upon the text our Judges have the Authority of a Legal and binding interpretation of that part of the Scripture Our Judges at Common Law are as competent to interpret this Law in Leviticus as any Divines and need not want any Learning that is necessary for expounding thereof besides that they have senses exercised to make right and fitting interpretations of Laws In omnibus legibus etiam maximè odiosis quales sunt quae paenam irrogant receptum est vbi eadem est ratio jus idem valeat In benignioribus autem legibus etiam à paribus ad paria procedit interpretatio Our Courts may follow the Karaej who interpret it to cases of parity of reason or the Talmudists which stand within the enumerated Cases of the