Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	civil_a	law_n	matter_n	2,103	5	5.8530	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A02679	The excommunication published by the L. archbishop of Dublin Thomas Flemming aliàs Barnwell friar of the Order of S. Francis, against the inhabitants of the diocesse of Dublin, for hearing the masses of Peter Caddell D. of Divinity, and Paul Harris priests, is proved not onely injust, but of no validity, and consequently binding to no obedience. In which treatise is also discovered that impious plot and policy of the aforesaid archbishop and his friars in supplanting the pastors and priests of the clergy, thereby to bring all into the hands of the friars, of whose disorders and foule abuses (especially in this kingdome) something is noted. The second edition, enlarged. By me Paul Harris priest.	Harris, Paul, 1573-1635?; Caddell, Peter. aut; Fleming, Thomas, 1593-1666. aut	1633 (1633)	STC 12810; ESTC S116899	71,181	112

Chauncellour of Paris S. Richard of Dundalke Primat commonly called ●●machanus for that he was Archbishop of Armagh in his De●ensorium Curatorum Thomas Walfingham Monke of S. Albons in his History of the Kings of England Such as in our dayes have not spared to note their open faults and manifest corruptions some in one kind some in another are Card. Bellarm. in his Gemitus Columbae Philippus Rovenius Archbishop of Philippi in his Treatise de Missionibus Iohn Petrus Camus Bishop of Bellay in his Dialogue betwixt Nicephorus Tristan Camillus Caesar Censor of the bookes published in Rome in his defence of the Archb. of Philippi Et ego Paulus Veridicus in hoc stadio noviss●mus sudavi CAP. II. The doctrine of our Archbishop and Friars refuted who maintaine That Civill actions against Clergy-men are to be determined by the Bishop of the Diocesse TRue it is that regularly speaking the Canon lawes of the Church require that all causes as well Ecclesiasticall Criminall as Civill 〈◊〉 determinable by the Ordinary whensoever the Defendant is a man of the Clergy Concil Chalcedon can 9. Concil Agathense can 32. Concil Carthag 3. can 9. Tolletan 3. can 13. But to this I answer That as many other Canons lawes were never received in other parts of the Church no more was this at least for that last part of Civill causes in England or Ireland since the first conversion of the Natious heere by S. Patricke there by S. Gregory Neither let any thinke it strange that a generall canon law of the Church in some parts of the Church be received in others not Forsomuch as the Canon it self tels us that a Law may loose his strength and force of binding three manner of wayes First where the same was never approved or received Because saith the Law Leges instituuntur cùm promulgantur confirmantur dum approbantur 4. dist in istis ● prox Lawes are then ordayned when they are published but confirmed when they are approved Secondly if by a later law the former be disannulled e. 1. de Const in 6. So S. Aug. posterior canon corrigit priorem The later Canon corrects the former Lastly if by a contrary custome which is reasonable it be abrogated Locorum consuetudines ubi rationabiles sunt juri scripto derogare possunt cap. Dilecti 4. de arbitris c. 2. Ext. de Cons●ot●dinibus The customes of places being reasonable may derogate from the law written Now then I say That causes meerely Civill as Debts Inheritances Pawnes Morgages Leases Rents Annuities Pensions Purchases Sales and the like so often as Priests and Clergy-men were to be Defendants in all times as well under the government of the Saxon as Norman Kings were determinable by the Common-law never in any Ecclesiasticall Court at all So as it seemes unto me that law of the Church was either never received which in these Civill actions drawes the plea unto the Court of the Ordinary which I rather believe Or if it were at any time in observance by custome beyond all memory it was abrogated Neither need we so much to marvaile heereat since it is the common opinion of Divines that the exemption of Clergy-men as well in respect of their persons as their goods from saecular tribunalls was at the first introduced by humane not divine law So S. Greg. lib. 11. epist 54. doth no otherwise prove that a Priest ought not to be impleaded before a temporall Iudge but because Iustinian the Emperour had so ordained ● Read Card. Bellar. tom 1. Controversiarum printed at Leons in France 1587. lib. de Clericis cap. 28. But for the further clearing of this point Forsomuch as I am in the Negative our Archb. with his Friars in the Affirmative If they will maintaine that the law above cited in the beginning of this Chap. was ever in viridi observantia in due practise within these Kingdomes of England Ireland I say it is their parts by examples of Cases pleaded of Iudgments Sentences in such such Ecclesiasticall Courts of Bishops or their Vicar Generalls or their Chancellours to shew out of some auncient Records of the afore-named Courts Tribunals what may make for the confirmation of their cause which I assure my self they shall never be able to doe no not so much as to afford us one onely president though nothing be more common in the common-Common-law then Bishops Abbots Priests c. convented in the temporall Courts in Civill causes even in the best most Catholick times no lesse then at this day Hence are those Writs of temporall Courts unto the Diocaesan Bishops venire facies Clericum as also the Writs of Prohibition unto Ecclesiasticall Iudges as ancient as our common-lawit self which like unto Melchisedeck knowes neither father nor mother Why then doth our Archbishop Thomas Flemming aliàs Barnwell together with his Friars noyse it up and downe both Citty Countrey That A. B. Priest is excommunicated ● jure for calling C. D. Priest into the Court of the Kings Bench for detayning with-holding certaine of his Bookes from him most injuriously as was determined lately by the Lord Chief Iustice especially the aforesaid Priest A B. first having made his complaint unto his Ordinary the aforesaid Archbish could not be heard Shall we say That our Archbishop and Friars are either more wise more learned vertuous then the Bishops Pastours Priests the whole Clergy for so many hundred yeeres past so many Kings Iudges Iustices in whose Tribunals that course hath ever beene held O no I cannot bee of that minde but that these were as well seene in all Lawes divine humane as obedient children of the Church and as respective of the Censures thereof as we their posterity be To conclude then this point I confidently avouch and will maintaine against these our Innovatours who labour to infringe the auncient Lawes immemorable customes hitherto from our very cradle of Christianity received allowed and practised both by the Church and Common-wealth in these his Majesties Kingdomes That they declare themselves by such their audacious attempts neither to be good members of the Church nor yet good subjects unto his Majesty CAP. III. How the Archbishop Tho. Flemming aliàs Barnwe●l Frya● of the Order of S. Francis usurpet is a power never before heard of in this Kingdome to wit at his pleasure to banish the Kings subjects not onely out of his Diocesse but out of his Province IT is said That Exilium est mors civilis Banishment is a civill death And therefore in all reason not to be inflicted but by lawfull authority and for very grievous offences And first it is confessed by all Divines that Episcopall power in punishments is confined to the three Censures of Excommunication Suspension Interdict according to that of the Apostle Nam arma militiae nostra non car●alia sunt c. 2. Cor. 10. For the weapons of our warfare are not carnall

platforme of Iustice Iudgment Descendam videbo utram clamorem qui venit ad me opere compleverint an non est ita ut s●●am Genes 18. I will goe downe saith Almighty God and I will see whether they have done according to the cry that is come unto me or whether it be not so that I may know So our Saviour in the processe of the adulterous woman Mulier Vbi sunt qui te accusabant Iohn 8. Woman where be thine accusers So hath he foretold us what shall be the forme processe of the last Iudgment at what time the sheepe shall be separated from the goates Math. 25. And thus have you seene some few examples out of Scripture of Iustice exercited in Iudgment by God himselfe Now as touching humane Iudgments who can make question but as Moses made the Tabernacle according unto that patterne which was shewed unto him by God himselfe in the mountaine Exod. 25. So ought all humane Iudgments to be squared according to the divine Of many to rehearse some few examples Such was the judgment of Salomon in the cause of the two Harlots about the quick the dead childe III. Reg. 3. Such was the judgment of Daniel in the case of chast Susanna Dan. 7. Such was the judgment of S. Peter in the matter of Ananias and Saphira Act. 5. And our blessed Saviour Redeemer in that his Arraignment where Injustice most of all did triumph in the seat of Iustice yet was admitted unto his answer saw his accusers heard his forged crimes urged by his malicious enemies enforced against him by two false witnesses last of all received his sentence pronounced by the mouth of the unjust Iudge Pontius Pilate Math. 27. But these two venerable Priests 〈◊〉 I confesse not in a matter which concernes their lives yet in a case which some will say is more to be esteemed then life it selfe to wit their honour and good name in the world were condemned not cited to Iudgment absent and 〈◊〉 at what time it pleased my L. Archbishop and his Fryars to sit upon the Bench. And that which in all Iudgments by the Law of Nature ought to be the last the perclose of the whole processe was here the first namely sentence For neither themselves or any in the place where they live did so much as once su●pect any proceeding in any cause with them or against them till sentence was proclaimed and that as publickely as at the high Crosse of Dublin and themselves condemned of Disobedience but how As I have said in termes of universality Of a Disobedience wanting his existence or being of a particular act or fact Of a disobedience without father or mother naked of all circumstances as time when place where person against whom A singular judgment I confesse and not much unlike unto that which they say in some barbarous Countreyes is exercised The man first hanged and then his cause examined O Nicodemus Nicodemu● Thou a Iew couldst say Numquid lex nostra judicat hominem c. Iohn 7. Doth our law condemne a man before he befirst heard and know what he hath done But had Nicodemus lived in these dayes among Christians he would sometimes have seen wrong injury and oppression to have sit in the seat of Iudgment I will then conclude this point with that saying of Festus unto King Agrippa in the behalfe of that great Apostle S. Paul when he was to be sent prisoner unto C●sar Sine ratione mihi videtur mittere vinctum causas ejus non significare Act. 25. It seemes unto me a thing unreasonable to send a man bound and not to signifie his cause And is it not thinke you a farre more unreasonable thing to thrust the people into the spirituall bondes and fetters of Excommunication and not to signifie the cause thereof And I wonder that our great Masters in Israel and you onely great Couucellours of warre against the poore Clergy my Lord I meane our Friars who professe so great Schollership would not advise your Hon who happily by reason of your other imployments cannot so well attend unto the study of the Canons what punishment that Bishop incurres who excommunicates before the cause thereof be proved See then for this the Councell of Paris with Gratian 24. q. 3. De Illicita And I will for the ease of my Reader set downe the words De illicita excommunicatione lex Iustiniani Imperatoris Catholici c. As touching unlawfull Excommunications the law of Iustinian the Catholicke Emperour which law the Catholicke Church doth approve and observe in his 123. Constitution cap. 351. hath decreed that no Bishop or Prelate excommunicate any person before the cause bee proved for which the Canons of the Church command this to be done and for his unjust attempt he shall so long abstaine from the sacred Communion as shall seeme good unto his Superiour So that Councell And it appeares by the Canon that such Prelates incurve suspension See Ext●●de sentent Excom Sacro So S. Gregory the great absolved the Bishop Magnus unjustly excommunicated by Laurence Archbishop of Millan See S. Gregory lib. 2. Epist 26. And the same Pope Gregory did punish Iohn a Bishop for inflicting of unjust Excommunications See for this the place above cited de illicita Excom And let them consider of this who teach that our Bishops cannot erre in their censures That they must be obeyed in right and wrong c. But I shall have occasion to speake of that point hereafter Forsomuch then as you see the Law tells us that no Excommunication can either be inflicted or incurred before the cause thereof be proved Let me humbly intereat your Hon my very good Lord for I suppose that you are neither too old to learne nor my selfe too yong to teach Nor doe I doubt albeit I be inferiour to you in place and dignity in Gods Church that it will either misbecome my profession as being a Priest nor my white haires as now being Paulus senex even Paul an old man to preach unto you That as well for the security of your owne conscience towardes God as to avoyde the scandall and obloquy of the world as also punishment from the higher powers That hereafter you will either make the cause of your Censures as well knowne and approved unto the world as you doe your punishments or else the punishments as private unto your selfe as the causes thereof And so hoping your Hon. will take the premisses into your consideration I will descend unto the next point which shal be to satisfie some doubts to answer to certaine objections which may be made in the behalfe of the Ordinary against my two former Arguments enforcing the Injustice and Invalidity of the Archbishops censure CAP. III. Certaine Objections in behalfe of the Archb. propounded and answered FIrst then it may be said in defence and excuse of the Ordinary That the times are such as our Prelats in