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A47019 A compleat history of Europe, or, A view of the affairs thereof, civil and military from the beginning of the Treaty of Nimeguen, 1676, to the conclusion of the peace with the Turks, 1699 including the articles of the former, and the several infringements of them, the Turkish Wars, the forming of the Grand Confederacy, the revolution in England, &c. : with a particular account of all the actions by sea and land on both sides, and the secret steps that have been made towards a peace, both before, as well as during the last negotiation : wherein are the several treaties at large, the whole intermix'd with divers original letters, declarations, papers and memoirs, never before published / written by a gentleman, who kept an exact journal of all transactions, for above these thirty years. Jones, D. (David), fl. 1676-1720. 1699 (1699) Wing J928A; ESTC R13275 681,693 722

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in the first Place Secondly How unwarily it was it drawn for though it was to be thought every one understood the Design of the Commission was to introduce a Roman Hierarchy which assumes a Power over the Temporal in order to the Spiritual Good yet that Commission granted the Temporal Power viz. The Lord Chancellor and any other two viz. Lord Treasurer President or Lord Chief Justice a Power of Excommunication which is a pure Spiritual Act. This Commission thus granted and opened the first Lightning of it fell upon the Bishop of London whose pretended Crime was That by Virtue of the King's Letter he did not suspend Dr. Sharp then Dean of Norwich now Archbishop of York for Preaching a Sermon in his Parish-Church of St. Giles against the Frauds and Corruptions of the Church of Rome by a Power as Arbitrary as that by which the Commissioners acted But though the Romanists might be sufficiently incensed against the Bishop for his Non-compliance herein the King had another Cause of Offence with his Lordship for when the Lords in the last Parliament had Voted an Address of Thanks to the King as I have already noted for his Speech the Bishop moved in his own and his Brethren's Name that the House might debate the King's Speech which as it was extraordinary and unusual in the House so it was no less surprizing to the King and Court who now dreaded the Lords would concur with the Commons in their Address and construed this Pace to be a Piece of Presumption in the Bishop for which in due time he should be sure to be remembred and so indeed it happened For notwithstanding the Bishops just Plea before the Commissioners in his own Defence and that Jefferies the Mouth of them had in a manner nothing else to say but Must not the King be obeyed Must not the King be obeyed As if a Man was bound to hang himself if the King commanded it yet they suspended him ab Officio where we leave him at present and proceed to shew you the further Effects of this goodly Commission when there was the least Opportunity to put it in Execution You must know the Presidentship of Magdalen College in Oxford falling vacant about this time and the Fellows fearing a Mandamus would be imposed upon them for some Person or other not qualified by their Statutes and whom by their Oaths they could not submit to chose Dr. Hough a Person every way qualified for their President which was no sooner done but the King sent them a Peremptory Mandamus to make choice of the Bishop of Oxford for their President who as being not qualified by their Statutes they rejected and in an humble Answer excused themselves as being otherwise obliged as well by their Oaths as Statutes with which the King was so Angry and used such Expressions upon the Occasion as were never perhaps before used by a Prince But finding his harsh Language could not frighten the Fellows out of their Duty he sent his Commissioners of Ecclesiastical Affairs among them to turn them out of their Fellowships to which they had as much Right as any other Man to his Estate But the good Commissioners were so far from boggling at this that they yet went further and by a new strain of Tyranny never practised but by Absolute Tyrants made the Fellows uncapable of any other Ecclesiastical Preferments and a Seminary of Jesuits and Popish Priests were introduced into their rooms as much to the Subvertion of the Established Church as the Statutes of the College While Things were thus carried on with an high Hand by Virtue of this extraordinary Commission you cannot think they were more moderate in the Administration of ordinary Justice in the Westminster Courts you know how severely Oats was treated for discovering the Popish Plot. Now comes Thomas Dangerfield's Turn for his discovering of the Meal-Tub-Plot but with a worse-Fate For this Man having in King Charles his Time in his Depositions before the Parliament revealed that he was imploy'd by the Popish Party and chiefly by the Lords in the Tower and the Countess of Powis to kill the King and that he was incouraged and promised Impunity and Reward and part of it given him by the D. of York for that End he was now prosecuted upon a Scandalum Magnatum and as Juries went found guilty and had the same Sentence of Whipping with Oats But in his return from Tyburn towards Newgate after his Whipping he was run into the Eye with a Tuck at the end of a Cane by one Robert Francis a Red-hot Papist of which with the Agony of the Whipping he soon after died But his Body was so swoln and martyred with his Whipping that it was a Question whether he died of that or of the Wound in his Eye for which Francis however was justly Hanged the King thinking it would appear to be too base a Partiality to pardon him for so foul a Fact Much about the same time Mr. Sam. Johnson commonly known by the Name of Julian Johnson because of his being the Author of a Book so called was Sentenced by the Court of King's Bench Sir Edward Herbert being Lord Chief Justice to stand 3 times in the Pillory and to be Whipped from Newgate to Tyburn which was severely Executed without any regard to his Gown he being a Clergy-man for making this humble and hearty Address to all the English Protestants in the Army which the King had raised GENTLEMEN NExt to the Duty which we owe to God which ought to be the principal Care of Men of your Profession especially because you carry your Lives in your Hands and often look Death in the Face the second Thing that deserves your Consideration is the Service of your Native Country wherein you drew the first Breath and breathed a free English Air Now I would desire you to consider how well you comply with these Two main Points by engaging in this present Service Is it in the Name of God and for his Service that you have joined your selves with Papists which will indeed fight for the Mass-book but burn the Bible and who seek to extirpate the Protestant Religion with your Swords because they cannot do it with their own and will you be aiding and assisting to set up Mass-houses to erect the Popish Kingdom of Darkness and Desolation amongst us and to train up all our Children in Popery How can you do these Things and yet call your selves Protestants And then what Service can be done your Country by being under the Command of French and Irish Papists and by bringing the Nation under a Foreign Yoak Will you help them to make a forcible Entry into the Houses of your Country-men under the Name of Quartering directly contrary to Magna Charta and the Petition of Right Will you be aiding and assisting to all the Murders and Outrages which they shall commit by their void Commissions which were declared illegal and sufficiently
and would gain his Point in favour of Dissenters at leastwise as to the gaining his Prerogative in Westminster-Hall and when he thought he had gone pretty far that way he granted a Commission of Ecclesiastical Affairs which yet was not opened till the 3d of Aug. though it had been Sealed some Months before But at last out it came and whereas I have never yet seen it Printed but once and lest the same should be forgotten I shall insert it in this place and it runs in the following Terms JAMES the Second by the Grace of GOD King of England Scotland France and Ireland Defender of the Faith c. TO the most Reverend Father in God our Right Trusty and Right Well-beloved Councellor William Lord Archbishop of Canterbury Primate of all England and Metropolitan and to our Right Trusty and Well-beloved Councellor George Lord Jefferies Lord Chancellor of England and to our Right Trusty and Right Well-beloved Councellor Lawrence Earl of Rochester Lord High-Treasurer of England and to our Right Trusty and Right Well-beloved Cousin and Councellor Robert Earl of Sunderland President of our Council and our principal Secretary of State and to the Right Reverend Father in God and our Right Trusty and Well-beloved Councellor Nathaniel Lord Bishop of Duresme and to the Right Reverend Father in God our Right Trusty and Well-beloved Thomas Lord Bishop of Rochester and to our Right Trusty and Well-beloved Councellor Sir Edward Herbert Knight Chief Justice of the Pleas before us to be holden assigned Greeting We for divers good weighty and necessary Causes and Considerations Us hereunto especially moving of our meer Motion and certain Knowledge by Force and Virtue of our Supream Authority and Prerogative Royal do Assign Name and Authorize by these our Letters Patents under the Great Seal of England you the said Lord Archbishop of Canterbury Lord Chancellor of England Lord High-Treasurer of England Lord President of our Council Lord Bishop of Duresme Lord Bishop of Rochester and our Chief Justice aforesaid or any three or more of you whereof you the said Lord Chancellor to be one from time to time and at all times during our Pleasure to Exercise Use Occupy and Execute under Us all manner of Jurisdiction Priviledges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdictions within this our Realm of England and Dominion of Wales and to Visit Reform Redress Order Correct and Amend all such Abuses Offences Contempts and Enormities whatsoever which by the Spiritual or Ecclesiastical Laws of this Realm can or may lawfully be Reformed Ordered Redressed Corrected Restrained or Amended to the Pleasure of Almighty God and encrease of Vertue and the Conservation of the Peace and Unity of this Realm And we do hereby Give and Grant unto you or any Three or more of you as is aforesaid whereof you the said Lord Chancellor to be one thus by Us Named Assigned Authorized and Appointed by Force of our Supream Authority and Prerogative Royal full Power and Authority from time to time and at all times during our Pleasure under Us to Exercise Use and Execute all the Premises according to the Tenour and Effect of these our Letters Patents any Matter or Cause to the Contrary in any wise notwithstanding And we do by these Presents give full Power and Authority unto you or any three or more of you as is aforesaid whereof you the Lord Chancellor to be one by all lawful Ways and Means from time to time hereafter during our Pleasure to enquire of all Offences Contempts Transgressions and Misdemeanors done and committed contrary to the Ecclesiastical Laws of this our Realm in any County City Borough or other Place or Places exempt or not exempt within this our Realm of England and Dominion of Wales and of all and every of the Offender or Offenders therein and them and every of them to Order Correct Reform and Punish by Censure of the Church And also we do Give and Grant full Power and Authority unto you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one in like manner as is aforesaid from time to time and at all times during our Pleasure to enquire of search out and call before you all and every Ecclesiastical Person or Persons of what Degree or Dignity soever as shall offend in any of these Particulars before-mentioned and them and every of them to Correct and Punish for such their Misbehaviours and Misdemeanours by Suspending or Depriving them from all Promotions Ecclesiastical and from all Functions in the Church and to inflict such other Punishment or Censures upon them according to the Ecclesiastical Laws of this Realm And further we do give full Power and Authority unto you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one by Virtue hereof and in like Manner and Form as is aforesaid to enquire hear determine and punish all Incest Adulteries Fornications Outrages Misbehaviours and Disorders in Marriage and all other Grievances and great Crimes or Offences which are punishable or reformable by the Ecclesiastical Laws of this our Realm committed or done or hereafter to be committed or done in any Place exempt or not exempt within this our Realm according to the Tenour of the Ecclesiastical Laws in that behalf Granting you or any three or more of you as is aforesaid whereof you the Lord Chancellor to be one full Power and Authority to order and award such Punishment to every such Offender by Censures of the Church or other lawful Ways as is abovesaid And further We do give full Power and Authority to you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one to call before you or any three or more of you as aforesaid whereof you the said Lord Chancellor to be one all and every Offender and Offenders in any of the Premises and also all such as by you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one shall seem to be suspected Persons in any of the Premises which you shall object against them and to proceed against them and every of them as the Nature and Quality of the Offence or Suspicion in that behalf shall require and also to call all such Witnesses or any other Person or Persons that can inform you concerning any of the Premises as you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one and them and every of them to examine upon their Corporal Oaths for the better Tryal and Opening of the Truth of the Premises or any part thereof And if you or any three or more of you as is aforesaid whereof you the said Lord Chancellor to be one shall find any Person or Persons whatsoever obstinate or disobedient in their appearance before you or any three
steering a Channel Course Westward the Wind at E. N. E. a fresh Gale and on the 5th passing by Dartmouth it being hazy Weather they overshot Torbay where the Prince designed to Land But about 9 a Clock the Weather cleared up and the Wind changed to W. S. W. and the Fleet stood Eastward with a moderate Gale being about 4 or 500 Sail whereof there was 51 Men of War and 18 Fireships This Change of Wind was observed by Dr. Burnet to be of no long Duration but it immediately choped into another Corner when it had executed its Commission While the Prince was landing his Army and advanced to Exeter the King was vainly endeavouring to sooth the People by redressing the Disorders committed by the Soldiers and Promises of a Parliament which several of the Bishops and Nobility petitioned might be a Free Regular one in all its Circumstances wherewith His Majesty to discover his good Disposition did not appear by his Answer to be well-pleased And all Endeavours were used to make the Prince and his Army contemptible in the sight of the People by Printing a List of them and giving out That none of the Nobility and Gentry but only a few Rabble appeared for him and that the Prince's Declaration might be kept close from the Knowledge of the People yet it did not continue so long with the Prince whose Army was considerably augmented by the Junction of divers Persons of good Quality with him Neither could the Court any longer keep the Declaration suppress'd and therefore they suffered the same to be Printed with a Preface and some modest Remarks as the Author pretends on it VVhich Declaration was this that follows The Declaration of His Highness WILLIAM HENRY by the Grace of God Prince of Orange c. of the Reasons inducing him to appear in Arms in the Kingdom of ENGLAND for preserving of the Protestant Religion and for Restoring of the Laws and Liberties of England Scotland and Ireland I. IT is both certain and evident to all Men That the Publick Peace and Happiness of any State or Kingdom cannot be preserved where the Laws Liberties and Customs Established by the Lawful Authority in it are openly transgressed and annulled More especially where the Alteration of Religion is endeavoured and that a Religion which is contrary to Law is endeavoured to be introduced Upon which those who are most immediately concerned in it are indispensably bound to endeavour to maintain and preserve the Established Laws Liberties and Customs and above all the Religion and Worship of God that is Established among them and to take such an Effectual Care that the Inhabitants of the said State or Kingdom may neither be deprived of their Religion nor of their Civil Rights which is so much the more necessary because the Greatness and Security both of Kings Royal Families and of all such as are in Authority as well as the Happiness of their Subjects and People depend in a most especial manner upon the exact Observation and Maintenance of these their Laws Liberties and Customs II. Upon these Grounds it is that we can't any longer forbear to declare That to our great Regret we see that those Counsellors who have now the chief Credit with the King have overturned the Religion Laws and Liberties of these Realms and subjected them in all things relating to their Consciences Liberties and Properties to Arbitrary Government and that not only by secret and indirect VVays but in an open and undisguised Manner III. These Evil Counsellors for the Advancing and Colouring this with some plausible Pretexts did invent and set on Foot the King 's Dispensing Power by Virtue of which they pretend that according to Law he can suspend and dispense with the Execution of the Laws that have been enacted by the Authority of the King and Parliament for the Security and Happiness of the Subject and so have rendred those laws of no effect though there is nothing more certain than that as no Laws can be made but by the joynt Concurrence of the King and Parliament so likewise Laws so Enacted which secure the Publick Peace and Safety of the Nation and the Lives and Liberties of every Subject in it cannot be repealed or suspended but by the same Authority IV. For though the King may pardon the Punishment that a Transgressor has incurred and for which he is condemned as in the Cases of Treason or Felony yet it cannot be with any colour of Reason inferred from thence that the King can entirely suspend the Execution of those Laws relating to Treason or Felony unless it is pretended that he is cloathed with a Despotick and Arbitrary Power and that the Lives Liberties Honours and Estates of the Subjects depend wholly on his Good Will and Pleasure and are entirely subject to him which must infallibly follow on the King 's having a Power to suspend the Execution of the Laws and to dispense with them V. Those Evil Counsellors in order to the giving some Credit to this strange and execrable Maxim have so conducted the Matter that they have obtained a Sentence from the Judges declaring That this Dispensing Power is a Right belonging to the Crown as if it were in the Power of the Twelve Judges to offer up the Laws Rights and Liberties of the whole Nation to the King to de disposed of by him Arbitrarily and at his Pleasure and expresly contrary to Laws Enacted for the Security of the Subjects In order to the obtaining of this Judgment those Evil Counsellors did before-hand examine secretly the Opinion of the Judges and procured such of them as could not in Conscience concur in so pernicious a Sentence to be turned out and others to be substituted in their Rooms till by the Changes that were made in the Courts of Judicature they at last obtained that Judgment And they have raised some to those Trusts who make open Profession of the Popish Religion tho' those are by Law render'd incapable of all such Employments VI. It is also manifest and notorious that as His Majesty was upon his coming to the Crown received and acknowledged by all the Subjects of England Scotland and Ireland as their King without the least Opposition tho' he made then open Profession of the Popish Religion so he did then promise and solemnly swear at his Coronation That he would maintain His Subjects in the free Enjoyment of their Laws and Liberties And in particular That he would maintain the Church of England as it was Established by Law It is likewise certain that there have been at divers and sundry times several Laws Enacted for the Preservation of those Rights and Liberties and of the Protestant Religion And among other Securities it has been Enacted That all Persons whatsoever that are advanced to any Ecclesiastical Dignity or to bear Office in the University as likewise all others that should be put into any Employment Civil or Military should declare that they were not Papists but were
the Po which being once effected the French could not think of Bombarding the Place or forcing the Confederates to a Battle But tho' this Treaty was concerted before amidst the Devotions at Loretto where such a Business could be managed without being observed by the Ministers of the Allies yet all the Artifice imaginable was made use of to cover the Matter for a Time To this End Catinat as we have said came from the Mountains of Savoy into the Plains of Turin threatning the Extirpation of the Name of the Piedmontois but stopped on a sudden till he had slipped the Opportunity And when he found he had given the Duke Time enough to fortifie himself and under pretence of strengthening the Army had got his Fortresses clear of the Confederate Troops the Mareschal removed farther off towards Pignerol which occasioned various Speculations And the more Clear-sighted began to suspect there was an Agreement under-hand patched up between the two Parties And there was an Adventure which happen'd much about the same time that sufficiently discovered the Secrecy of the French Court in the Matter as well as the Assurance they had of their Work being done on that side There was a Discourse of some Mis-understanding between the Mareschal de Ca●inat and the Grand Prior of France while the Army lay at Rivalta For the Grand Prior urging two or three several times that the Mareschal had favourable Opportunities to have gained considerable Advantages over the Confederates and still desiring the Mareschal to make use of the Benefit of of Fortune's Offer the Mareschal as often put him off with Refusals which made the other in the height of his Zeal as believing the Mareschal to be guilty of Negligence or Cowardice to write his Accusations to the French King who could not forbear smiling all the while he read the Letter However he was so kind as to send him an Answer and to let him know that the Mareschal had obeyed his Orders and that he would soon see the Reasons of his pretended Negligence unravelled Not long after this on the 12th of July a Truce was concluded on for a Month the Consequence whereof was the Exchanging of Hostages and at last the final Conclusion of a Peace Which if it had been gained on the Duke's part without any Violation of his Honour was very advantageous to him and the rest of h●ly For the French made a Restitution to him of all the new Conquests they had made as also of Pignerol demolished gave him 4000000 of Livres towards the Reparation of the Damages he had sustained during the War engaged to assist him at the Charge of the French King with 8000 Foot and 4000 Horse and because the Knot should be tied fast enough his Daughter was to be married to the Duke of Burgundy without any Portion But I will not curtail the Treaty which was sign'd Aug. 29. and runs as follows THE Most Christian King having all along during this War maintained a sincere desire of procuring the Quiet of Italy and it having pleased Almighty God to inspire his Royal Highness with the same Thoughts his Majesty has given his full Power Commission and Command to the Sieur Rene de Troullay Count de Tesse Knight of the Orders of the King Lieutenant General of his Armies Colonel General of the Dragoons of France Governour of Ipres Lieutenant General for the King in the Provinces of Maine and Perche and at present Commanding for the King in the Countries and Places on the Frontiers of Piedmont His Royal Highness having likewise on his Part given his Power and Commands to the Sieur Charles Victor Marquess de Saint Thomas Minister of State and his said Royal Highness's Principal Secretary of State the said Plenipotentiaries having reciprocally Exchanged the Original of their Commissions by virtue of which they Treat have agreed on these following Articles I. That there shall be from henceforth and for ever a firm and sincere Peace between the King and his Kingdom and his Royal Highness the Duke of Savoy and his Dominions as if the said Peace had been never interrupted and the King resuming the same Sentiments of Bounty he hath heretofore had for his Royal Highness which he desires his Royal Highness to be perswaded of his Royal Highness doth by this present Treaty entirely renounce all Engagements and all Treaties made with the Emperor with the Kings and Princes comprehended under the Name of the League or Confederacy and doth undertake to employ all his Endeavours and to do all that he can in order to obtain of those Sovereign Powers at least of the Emperor and King of Spain a Neutrality for Italy until the General Peace shall be Concluded and to signifie their Consents by a particular Treaty which shall be made to that purpose or for want of such a Treaty by Declarations which the said Emperor and the King of Spain shall make to the Pope and to the Republick of Venice and which shall be at the same time followed by the Retreat and Withdrawing of all the Forces which the Allies have at present in Italy as it shall be hereafter more particularly specified And in case the above-mentioned Princes do not Consent to such a Neutrality in Italy at his Royal Highnesses's Instance to the Emperor and to the King of Spain his Royal Highness doth engage to enter into an Offensive and Defensive League with the King until a General Peace be Concluded acting jointly with his Majesty's and his own proper Forces as becomes good and sincere Allies for the Common Interest and to make War against the State of Milan and against all those who shall oppose this present Treaty's taking effect And as an evident Demonstration of a Return of the King's Amity towards his Royal Highness his Majesty does willingly Consent and doth Promise That the City and Cittadel of Pignerol the Fort of St. Bridgit the Perouse with other For●● depending on the same shall be Demolished as to the Fortifications only at the King's Charges and after the aforesaid Fortifications are Demolished they shall all be restored to his Royal Highness as well as all the Territories and Dominions comprised under the Name of the Government of Pignerol and which did belong to the House of Savoy before the Cession or Surrender that Victor Amadeus the first Duke of that Name made unto Lewis the XIIIth The which City dismantled Cittadel and demolished Forts and Territories shall be likewise Surrendred to his Royal Highness to be held in Soveraignty and to be by him enjoyed fully and perpetually by him and his Successors from henceforth as things to him of Right belonging By virtue of which present Surrender his Royal Highness doth Engage and Promise as well for himself his Heirs and Successors or others by any ways Claiming neither to Re-build no● cause to be Re-built the aforesaid Fortifications nor to cause any new ones to be Built upon and in the Space and Limits of the said Territories Funds