Selected quad for the lemma: virtue_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
virtue_n	power_n	spiritual_a	temporal_a	1,927	5	9.8031	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A31457	The nature and kinds of simony discussed wherein it is argued whether letting and ecclesiastical jurisdiction to a lay-surrogate , under a yearly pension reserved out of the profits, be reducible to that head : and a sentence in a cause depending about it near six years in the court of arches, is examined / by J. Cawley ...	Cawley, J. (John), 1632?-1709.	1689 (1689)	Wing C1650; ESTC R16298	29,189	42

sufficient to shew that whatsoever the Canons about this matter had been before the Statutes of H. 8. and Reformation of Religion that soon followed and the Statutes thereupon the nature of the crime and the whole current of the Laws about it are altered So that had this Office been given to a Clerk and not to a Layman yet as the Laws of England now are it could not have been Simony although the Lessee had exercised by virtue of his Deputation all those Functions and that Jurisdiction which the Ancient Canons called Spiritual For by many Statues made in the Reigns of H. 8. Ed. 6. and the Queen those Powers and Jurisdictions are made Temporal and so no longer of that nature which could render the Contract about them liable to the imputation of Simony which cannot be committed but when that which is sold is Spiritual The 26 H. 8. 1. Gives the Kings of this Realm full Power and Authority to Visit Redress Repress Reform Order Correct Restrain and amend all such Errors Heresies Abuses Offences Contempts and Enormities whatsoever they be which by any manner of Spiritual Authority or Jurisdiction ought or may lawfully be Reformed Repressed Ordered Redressed Corrected Restrained or Amended any Usage Custom Foreign Laws Foreign Authority Prescription to the contrary notwithstanding Also the 37 H. 8. 17. Declares the same Power to be in the King and to exercise all manner of Jurisdictions commonly called Ecclesiastical Jurisdiction And that the Power the Pope claimeth is directly repugnant to your Majesty of Supream Head of the Church and Prerogative Royal your Grace being a Layman and that the Archbishops Bishops Archdeacons c. have no manner of Jurisdiction Ecclesiastical but by under and from your Royal Majesty Some evil disposed Persons little regard the Proceedings and censures Ecclesiastical made by your Highness and Vicegerent Officials Commissaries Judges and Visitors being also Lay and Married Men and think them of little or none effect Forasmuch as your Majesty hath all Power by Scripture to hear and determine all manner of Causes Ecclesiastical and correct Vice and Sin whatsoever and to all such Persons as your Majesty shall appoint thereunto Be it Enacted That Doctors of Law may lawfully execute and exercise all manner of Jurisdiction Ecclesiastical and all censures and coertions Albeit they be Lay or Married Men. 1. Ed. 6. 2. Affirms all Authority of Jurisdiction Spiritual and Temporal is derived and deducted from the King's Majesty And all Courts Ecclesiastical are kept by no other Power or Authority either Foreign or within the Realm but by the Authority of his most Excellent Majesty All which Statutes among many more were repealed by Queen Mary being contrary to the Doctrine and Interest of the Romish Church who holds for the most part all these Jurisdictions to be of Divine Right and their censures to be Sacerdotal and the Power Ecclesiastical to be Ex sacrorum Canonum dispositione as the Popish Clergy speak in their submission to Cardinal Pool But the Reformed Protestants speak quite otherwise as Dr. Sanderson doth who saith of the Exterior Jurisdiction it is not from God but from the King wholly and entirely from him as the sole Fountain of all exterior Jurisdiction Spiritual or Temporal and consequently not of Divine Right So saith that Bishop for indeed if these Jurisdictions were of Divine Right they could not be deputed to others but the exercise must be limited to the Persons alone in whom such a right is inherent One Statute therefore saith well They are called Spiritual not that they are so it is Popery to Affirm it and a virtual denying the Kings Supremacy and renouncing the Oath of it and a Lopping from the Crown one of the principal Branches of its Prerogative preheminence in all Causes Which the King can never have if exterior Jurisdiction be Spiritual from God and the Pope not from the Crown The Book of an Anonymous Author called Episcopal Inheritance saith 't is a Popish Yenet to Affirm the Ecclesiastical Jurisdiction to be distinct from the Civil which Bellarmine asserts to set the Pope above Kings and to exempt the Clergy from the secular Powers In Queen Elizabeths Reign this Power is Affirmed to be in the Crown and 't is Enacted That all Spiritual or Ecclesiastical Power or Authority for the Visitation of the Ecclesiastical State c. Be united and annexed for ever to the Imperial Crown of this Realm But the Canons Affirm it to be in the Pope as a Spiritual Head and have therefore called it a Spiritual Power which being now by these Statutes reduced to its true Original must be no longer Spiritual but Temporal for the King hath it as a Layman saith the 37 H. 8. 17. And may invest Laymen with it who are no ways capable to give or receive it if it were Spiritual So that whatever it was heretofore when it came from Rome it is now Temporal and a part of the Kings Temporal Jurisdiction as Impropriate Parsonages and Vicarages become Temporal Things and Lay-fees now they are appropriate to Lay-men which before were Ecclesiastical and Spiritual And so the nature of such Jurisdictions as of the Benefices is altered with the alteration of the Tenure So it would have been Simony to have sold the Six and the Sixty Clerks places in Chancery when they were all Clergy Men or the Advocates and Proctors of the Commons when they were all bound to be Clerks which made Altissiodorensis and Aquinus say it was Simony for the Advocate to take Fees for pleading but now they are all Laymen there is no colour for such a censure There is yet remaining one and a very strong Argument that letting a Jurisdiction cannot be Simony by the Laws of England and it is this Neither that Canon of Yours nor that of Lateran in the body of the Canon Law nor any Gloss nor Commentator upon them is Law with us in England 'T is true that those Canons do not call it Simony nor punish it as Simony but if they did I Affirm they are nothing to the Case being not Law in our Church and so concerns us no more than the Laws of Coufutius or Japan 'T is almost unaccountable what Interest those Men would serve who have contended earnestly that all the Popes Laws are in force with us I know none but that of Doctors Commons who if they had so large a Field to expatiate in would have all Mens Estates and Reputations in their own Power But it is most certain that no part of the Canon Law is in force in England but what hath been received and used here not as the Popes Law but as made part of the Kings Ecclesiastical Laws by custom usage and consent Upon which conditions the Laws of all France might have been ours as well as those only of Oleron This is plain by our Statutes and it is a Premunire to defend and maintain those Canons or that shall

contracts which considering the qualities given by the Holy Scripture to Spiritual things are as far from being such an Earth is from Heaven Upon the Spiritual Power given by Christ to the Church to bind and loose and upon the Institution of St. Paul to compose contentions between Christians without going to the Tribunal of Infidels in much time and by many degrees a temporal Tribunal hath been built more remarkable than ever was any in the World and in the midst of every civil Government another Instituted not depending on the publick which is such a kind of Common-wealth as not one of as many as have Written of Governments would have imagined could subsist c. Thus far that Incomparable Historian Carolus Molinaeus in his Commentary upon the Edict of Hen. 2. against the Breves and abuses of the Court of Rome saith all Divines exclaim against the Canonists for confounding Carnal and Temporal with Spiritual and by a pretence of dependency and connexion making them all one and cites Gerson complaining how much the Church hath suffered by it more than can be declared For when ye take off the vizor and speak properly Spiritual things are Gods Grace his Word and the virtue of it and the Sacraments are Spiritual not essentially but causally or rather instrumentally So that Tythes and Church Revenues are Temporal not Spiritual but devoted to Spiritual Administrations And Hugo de Sto Victore 300 Years before hath said as much However so Zealous are the panders of Rome to maintain her Grandeur so falsly gotten that many of their Canonists make the very Office of Emperor King Praefect of a City and all Civil Magistrates to have a Spiritual Power and it shall be Simony to give Mony for them or any depending on them Quia omnis potestas est a Deo saith Hostiensis Nor can a Man buy so much as the Clerk of the Markets-place without that imputation And Gratian makes it Simony to give mony for the Porters place in a Church and proves it from Mal. 1. 10. Who is there even among ye that would shut the Doors for nought or the Sutlers or Butlers and the Gloss adds the Bell-ringer or any other Office cujuscunque alterius rei let us suppose the Candle lighter and the Chimney Sweeper and the Trencher Scraper they are all Spiritual in the same sense we commonly call a Tythe Pig a Spiritual Pig though he be the worst of the whole litter thus have these Monks play'd with Holy things and exposed them to derision and taken off the esteem and reverence all Mankind are ready to pay to things truly and really Spiritual by obtruding such false lists of Spirituals on the World to keep up an usurped Jurisdiction over things Temporal If we have gain'd this point That the exterior Jurisdiction of an Archdeacon is not Spiritual we may conclude it not Simony to let it out reserving part of the Profits Against which nothing will lye except the common definition of Simony Studiosa voluntas emendi vel vendendi Spiritualia vel Spiritualibus annexa To which a short Reply will serve and that is Aquinas his and Caietans upon him who shew that this definition fails when the Annexa Spiritualibus are not joyn'd to the Spiritual as that they must necessarily be bought and sold together Anciently the Canons say Ordination and Institution were the same as Petrus de Marea Archbishop of Paris affirms in his Concordia Sacerdotii Imperii and makes that the ground of the Eleventh Canon of the Councel of Chalcedon His words are these Cum in illâ aetate ordinatio sive 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 complecteretur electionem personae atque illius consecrationem per impositionem manuum ipsanque in Ecclesiâ certâ institutionem Here then as he deduces is a necessary connexion and the Spiritual can't be separated from the Temporal quare omnia comprehendebantur damnatione illâ quae gratiam commercio exponebat The Benefice and Orders went together and he who paid for one was a Purchaser of the other also Of such things the Canonists say they are annexa concomitanter He who buys one cannot leave the other unbought and it is real Simony But when things are annex'd to a Spiritual only Antecedently or Consequently so as they may be separate and one bought without the other many times it is not Simony to give Money for them Otherwise neither Tythes could be Let nor Glebe nor Lands nor Houses nor the Obventions of a Jurisdiction nor could broken Consecrated Vessels be sold nor Advousons nor Burying places Therefore also Aquinas saith Things may be annex'd to Spirituals Two ways either as depending on Spirituals as a Benefice which none can have but a Clerk and such cannot be sold Secondly As they are appointed and set a part to Spiritual Uses and such may be sold Which strengthens as well as gives light to this whole Tract If a Jurisdiction were so annex'd to any Spiritual Office that it could not be separated from it but that Supernatural Spiritual Power is requisite to the exercise of it then it would be Simony because it must be supposed the Power is bought also which is true Simony but is nothing of or to the present Case where the Jurisdiction that is let is Temporal used by a Temporal Person and about Temporal Objects And accordingly the Canons of Lateran and Tours prohibiting the letting out Jurisdictions of Bishops or Archdeacons speak of letting to Spiritual Persons Deans and Archpresbyters but of letting to Laymen there is not any Prohibition in the Canon Law. And those Canons being Penal the more Penal they are the more they are to be restrain'd and no extension shall be allowed to them for Punishment but for Favor only as all know that know any thing either of the Canon or the Civil Law. Lyndwood is express that Statutum paenale non excedit limitationem in eo positam And so Navar Paenae non sunt extendendae ad alium casum ex similitudine rationis imò nec ex identitate rationis omnimodâ So saith Andraeas in the Gloss If the Laws be Paenal suum scriptum casum non excedit And in Paenis non arguimus ad similia quia paenae non excedunt proprium casum saith the Gloss on one of the Rules of the Laws And once more I shall cite Lyndwood for this and so have done Regulare est quod Statutum maximè paenale loquens de personâ verâ non extenditur ad personam representatam The Persons spoken of in the Canons being Deans and Archpresbyters If a Jurisdiction be not let to one of them by all these Authorities the Lessor can't be within the Purview of it but infinitely stronger is it that these mentioned being all Clerks in Orders Laymen out of Orders shall not be included but they who let to them absolved For though it be Felony to steal a Horse yet the same Statute cannot extend