Selected quad for the lemma: virtue_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
virtue_n	act_n	aforesaid_a	enact_v	839	5	10.2562	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A69901	England's independency upon the papal power historically and judicially stated by Sr. John Davis ... and by Sr. Edward Coke ... in two reports, selected from their greater volumes ; with a preface written by Sir John Pettus, Knight.	Davies, John, Sir, 1569-1626.; Coke, Edward, Sir, 1552-1634.; Pettus, John, Sir, 1613-1690.	1674 (1674)	Wing D397; ESTC R21289	68,482	102

extend to the said High Commissioners yet ought they to proceed according to the form and order of the said Act for an offence done against that Act. Secondly it was objected by the Counsel of the Plaintif That Caudrey the Plaintif was not deprived either by the verdict of 12 men or by confession or by the notorious evidence of the fact but by default in respect he appeared not being duely precognizated or warned which case as it was objected was Casus omissus oblivioni datus and not within the said Act. Thirdly it was objected on the behalf of the Plaintif That the said Sentence given by the said High Commissioners was utterly void for that they or any 3 or more of them having authority by force of the said Act and of the said Letters Patents under the great Seal ought to joyn in the Sentence and that one alone with the consent of 2 or more of the other Commissioners cannot give a Sentence for that every Commissioner hath equal authority and by the said Letters Patents three or more must give the Sentence with consent of others and such a Judgement given by any Commissioners of Oyer and Terminer or other Commissioners or Judges of the Common Law were utterly void and of none effect Fourthly and lastly it was objected That the said Commissioners were not nominated and appointed according to the said Act for the Jurisdiction and power given by the said Act to the Crown is to name such Commissioners as be natural-born Subjects and it doth not appear by the said special verdict that the said Commissioners were natural-born subjects And albeit the Judges as private men in their particular knowledge did know them to be natural-born subjects yet they being Judges of record ought onely to see with Judicial eyes and to take knowledge of no more then doth appear to them within the Record for upon that and not upon private knowledge out of the Record they onely must give their Judgement and upon that Record enter their Judgement also of record And seeing that the said Queen had as it was said by the Plaintif's Counsel Ecclesiastical Jurisdiction by the said Act of Parliament and by the same power was given unto her to name Ecclesiastical Commissioners she of necessity must make her nomination according to the said Act having no other power as was objected but by the said Act. And seeing it was not specially found that they were natural-born subjects de non apparentibus non existentibus eadem est ratio for this cause also the said Sentence of Deprivation was void as given by Commissioners not warranted by the said Act. Asto the first and second Objections both being grounded upon the said Act of Parliament it was resolved by the whole Court that notwithstanding these two Objections the Sentence was not to be impeached for either of them and that for three causes First for that the said Act concerning the Uniformity of Common Prayer being in the affirmative doth not abrogate or take away the Jurisdiction Ecclesiasticall unless words in the negative had been added as and not otherwise or in no other manner or form or to the like effect And this appeareth by the general rule of all our Books as it appeareth in 46 E. 3.4 47 E. 3.10 20 H. 6.11 36 H. 6.3 3 E. 4.27 3 H. 7.1 14 H. 7.10 15 H. 7.16 33 H. 8. Dyer 50. 4 Mar. Dyer 135. Stradlings case Pl. Com. 207. c. 2. The Ecclesiasticall Law and the Temporal Law have several proceedings and to several ends the one being Temporal to inflict punishment upon the body lands or goods the other being Spiritual pro salute Animae the one to punish the outward man the other to reform the inward And this appeareth in 12 H. 7.22 10 E. 4.10 c. Then both these distinct and several Jurisdictions consist and stand well together and do joyn in this to have the whole man inwardly and outwardly reformed 3. The Proviso in the said Act doth make this question without question for by it is provided ordained and enacted by the Authority aforesaid That all and singular Archbishops and Bishops and every of their Chancellors Commissaries Archdeacons and other Ordinaries having any peculiar Ecclesiastical Jurisdiction should have full power and authority by virtue of that Act as well to enquire in their Visitations Synods and elsewhere within their Jurisdiction as at any other time and place to take informations of all and every the things above mentioned done committed or perpetrated within the limits of their Jurisdictions and authority and punish the same by Admonition Excommunication Sequestration or Deprivation and other Censures and Processe in like form as heretofore had been used in like cases by the Queen 's Ecclesiasticall Laws as by the said Act appeareth So as seeing if that Act had never inflicted any punishment for depraving or not observing the Book of Common Prayer yet the same being allowed and commanded to be observed for uniformity of Common Prayer and the unity and peace of the Church the Ecclesiasticall Judge may deprive such Parson Vicar c. as shall deprave or not observe the said Book as well for the first offence as he might have done by the Censures of the Church and the Ecclesiasticall Laws if no form of punishment had been inflicted by that Act. And this doth evidently appear by the said Proviso For thereby notwithstanding any thing in that Act contained they may punish such offendors by Admonition Excommunication Sequestration or Deprivation and other Censures and Processe in like form as heretofore hath been used in like cases by the Queen 's Ecclesiasticall Laws and are not bound to pursue the form prescribed by the said Act which is to punish the offendor according to the Temporal Law And it was re●olved That if the Jurisdiction of the Archbishops and Bishops and their Chancellors Commissaries Archdeacons and other Ordinaries having any peculiar Ecclesiasticall Jurisdiction were provided for by the said Act à fortiori the High Commissioners authorized by another Act in the same Parliament were tacitè provided for Ouia cui licet quod majus est non debet quod minus est non licere As to the third Objection it was also resolved by the whole Court that the Sentence given by the Bishop by the consent of his Collegues was such as the Judges of the Common Law ought to allow to be given according to the Ecclesiasticall Laws For seeing their authority is to proceed and give sentence in Ecclesiasticall causes according to the Ecclesiasticall Law and they have given a Sentence in a cause Ecclesiasticall upon their proceedings by force of that Law the Judges of the Common Law ought to give faith and credit to their Sentence and to allow it to be done according to the Ecclesiasticall Law For cuilibet in sua arte perito est credendam And this is the common received opinion of all our Books as

proved fully all the parts of the Indictment First it was proved by Lalor's own Confession upon severall Examinations taken before the Lord Deputie and Lord Chancellor and others that he had accepted the Office and title of Vicar-general in the Dioceses of Dublin Kildare and Fernes by virtue of the Pope's Bull. Secondly it appeared by the copies of sundry Letters found among his papers at his apprehension that he styled himself the Pope's Vicar in this form Robertus Dublinien Kildaren Fernen Dioeces Vicarius Apostolicus Thirdly there were produced the copies of divers Acts and Instruments written for the most part with Lalor's own hand some of Institutions of Popish Priests to Benefices others of Dispensations with Marriage within the degrees others of Divorces others of Dispensations for non-payment of Tithes Whereby it was manifestly proved that he did execute the Pope's Bull in usurping and exercising Episcopall jurisdiction as Vicar-generall of the See Apostolick within the Dioceses before named To this evidence he made a threefold answer First That he was no suiter for the office of Vicar-generall but it was imposed on him and he accepted virtute obedientiae onely to obey his Superiours Next That he did exercise the office of Vicar-generall in foro conscientiae tantum and not in foro judicii And lastly that those copies of Institutions Dispensations and Divorces were many of them written with his man's hand as precedents of such Acts and Instruments without his privity or direction Hereupon Sir James Ley Chief Justice told him that he could not well say that he accepted that unlawfull office virtute obedientiae for there was no vertue in that obedience That he ow'd an obedience to the Law and to the King who is the true Superiour and Sovereign over all his subjects and hath no Peer within his dominions and that the Superiours whom he meant and intended were but Usurpers upon the King's Jurisdiction and therefore this excuse did aggravate his contempt in that it appeared he had vowed obedience to those who were apparent enemies to the King and his Crown And though it were manifest that he exercised jurisdiction in foro judicii for every Institution is a Judgement and so is every Sentence of divorce yet were his offence nothing diminished if he had executed his office of Vicar-generall in foro conscientiae tantum for the court of man's conscience is the highest tribunall and wherein the power of the Keys is exercised in the highest degree Hereunto the Atturney generall took occasion to adde thus much That Lalor had committed these high offences not onely against the Law but against his own Conscience and that he was already condemned in foro conscientiae For that he upon his second Examination had voluntarily acknowledged himself not to be a lawfull Vicar-generall and that he thought in his conscience he could not lawfully take upon him the said office He hath also acknowledged our Sovereign Lord K. James to be his lawfull Chief and Supreme Governour in all causes as well Ecclesiasticall as Civile and that he is in conscience bound to obey him in all the said causes c. as it is contained in his Acknowledgement or Confession before set down Which being shewed forth by the Atturney generall the Court caused it to be publickly read and thereupon demanded of Lalor if that were not his free and voluntary confession signed with his own hand and confirmed by his oath before the Lord Deputie and Councill He was not a little abashed at the publishing of this Acknowledgement and Confession in the hearing of so many principal Gentlemen to whom he had preached a contrary doctrine therefore said he the shewing forth of this Confession is altogether impertinent and besides the matter Howsoever he could not deny but that he made it and signed it and swore it as it was testified by the Lord Deputie and the rest Then was it demanded of him whether since the making of this Confession he had not protest●●o divers of his friends that he had not acknowledged the King's Supremacie in Ecclesiasticall causes His answer was That indeed he had said to some of his friends who visited him in the Castle of Dublin that he had not confessed or acknowledged that the King was his Supreme Governour in Spirituall causes for that the truth is in the Confession there is no mention made of Spirituall causes but of Ecclesiasticall This is a subtile evasion indeed said the Atturney generall I pray you what difference do you make between Ecclesiasticall causes and Spirituall causes This question said Lalor is sudden and unexpected at this time and therefore you shall doe well to take another day to dispute this point Nay said the Atturney generall we can never speak of it in a better time or fitter place and therefore though you that bear so reverend a title and hold the reputation of so great a Clerk require a farther time yet shall you hear that we Lay-men that serve his Majestie and by the dutie of our places are to maintain the Jurisdiction of the Crown are never so unprovided but that we can say somewhat touching the nature and difference of these Causes First then let us see when this distinction of Ecclesiasticall or Spirituall causes from Civile and Temporall causes did first begin in point of jurisdiction Assuredly for the space of three hundred years after Christ this distinction was not known or heard of in the Christian world For the causes of Testaments of Matrimony of Bastardy and Adultery and the rest which are called Ecclesiasticall or Spirituall c●uses were meerly Civil and determined by the rules of the Civil Law and subject onely to the jurisdiction of the Civil Magistrate as all Civilians will testifie with me But after that the Emperours had received the Christian Faith out of a zeal and desire they had to grace and honour the learned and godly Bishops of that time they were pleased to single out certain speciall Causes wherein they granted jurisdiction unto the Bishops namely in causes of Tithes because they were paid to men of the Church in causes of Matrimony because Marriages were for the most part solemnized in the Church in causes Testamentary because Testaments were many times made in extremis when Church-men were present giving spiritual comfort to the Testator and therefore they were thought the fittest persons to take the probates of such Testaments Howbeit these Bishops did not proceed in these causes according to the Canons and Decrees of the Church for the Canon Law was not then hatched or dream'd of but according to the rules of the Imperiall Law as the Civil Magistrate did proceed in other causes neither did the Emperours in giving this Jurisdiction unto them give away their own Supreme and absolute power to correct and punish these Judges as well as others if they performed not their severall duties This then is most certain that the primitive Jurisdiction in all these causes was