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A50348 Episcopacie not abivred in His Maiesties realme of Scotland containing many remarkable passages newly pvblished, the contents of the severall chapters follow in the next page. Maxwell, John, 1590?-1647. 1641 (1641) Wing M1380; ESTC R21652 85,480 138

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the inferior members to correct the head it is true indeed that Bishops ought to be subject to the censures of Generall or Nationall Councels and none of them will think themselves exeemed from such a one as is lawfully constituted Albeit the Bishops did decline upon many just reasons this Assembly of Covenanters which are at length expressed in their declinature yet if that the Assemblie had been constituted according to the present established order of the Church they would never have declined from the same The last corruptions they remark in the Bishops as they were then in Scotland is that they did not instruct their people in Gods Word which is a corruption indeed but not essentiall to the office of a Bishop or allowed by a Law if any omit that dutie let them be censured for their personall fault it is great iniquitie to condemn the whole office as unlawfull in it self for the personall fault of one or two But I perceive that the chief thing which was then condemned in Episcopacie is that they did not receive their Commission to exercise their charge from the Church or that every Minister had not his voyce in the Nomination or Election of Bishops but that they were nominated and presented by the King elected by those of the Chapton only and consecrated by other Bishops and this was the thing which moved them ●o despitefully to condemn that estate in the constitution whereof every one of them had not a hand and in all their proceedings both in the book of Discipline and Acts of Assemblies it appeares that this was the chief thing they required that if they had had their Commission only from the Church or generall Assemblie they would have condescended to all other points of their function 1. In the second book of Discipline Cap. 11. they confess that albeit Pastors as pastors have not power over moe ●locks than one yet if it be given them by the Church they may exercise it lawfully 2. In the Assemblie 1575. it is agreed by both parties as we have declared that amongst the pastors one may be chosen by the Church to visite certaine bounds comprehending many particular parishes and therein to plant Ministers to suspend and depose them for reasonable causes 3. In the Assemblie at Edinburgh 1578. one of the principall petitions they make to the Regent was that none should be admitted to vote in Parliament in name of the Church excep● such as have Commission from the Church 4. In the second book of Discipline Cap. 11. It is said that no person under whatsoever title ought to attempt any Act in name of the Church either in Councell or Parliament having no Commission from the Church so that if that had been done we see that they acknowledge both their power and preheminence over other Pastors their charge over moe particular flocks their sitting in Councell and voting in Parliament to have been lawfull which are the principall points both of the Spirituall and temporall function of Bishops which they challenge in this Assemblie to be unlawfull If then we can shew that the Bishops have received from the Church such a Commission to exercise all these points of their office how can it be denied but they may exercise them lawfully since this is the only exception against them in these things Therefore we shall make it appear that Bishops have received from the Church this Commission 1. Christ himself who is the head of the Church having all power gave to the Apostles this Commission to exercise power and preheminence in all Spirituall and Ecclesiasticall matters over all both Pastors and people throughout the whole world 2. The Apostles who were at the beginning the representative Church gave the like Commission to Bishops over certaine bounds over the which they received Iurisdiction as Paul gave to Timothy in Ephesus and the bounds of Asia minor thereabout Commission to plant Churches to ordaine Presbyters and Deacons to have Iurisdiction and Rule over them being ordained to receive or repell accusations given in against them and by consequent to judge and correct or censure them the same Commission received Titus in the Kingdome of Creta neither can it be doubted but the rest of the Apostles gave the like Commission unto others in these Nations where they travelled to preach the Gospel who were to succeed them in the rule and Government of the Churches wherin they had not only the Name but also the office and that power of Bishops which is here called in Controversie as none can deny except those who will impudently deny all t●rue records of Antiquitie since all the o●thodox Fathers who succeeded the Apostles and lived in the same age with them doe with unanimous consent testifie the same The which Commission was derived from the Primitive Church who received it from the Apostles to those of succeeding ages confirmed by continuall practice uncontrouled for the space of fifteen hundred years by any Orthodox writers untill this last age that some of the Church of Geneva began to call it in question 3. The Commission to vote in Parliament they could not have at the beginning when there was no Christian Magistrates or Common-wealths yet so soone as Kingdomes and Common-wealths received the publik exercise of Christian Religion authorized by Laws then the Church considering that many of the Civill Laws did either directly or indirectly reflect upon Ecclesiasticall matters and Religion and that it was very expedient that Ecclesiasticall Constitutions for better obedience thereto should be strengthened by the Laws of the Kingdome they did earnestly supplicate Emperors Kings and Magistrates that some Commissioners from the Church might have place in their Soveraign Courts whereby Laws were established to further therein the cause of God and the Church and to take heed Nè Ecclesia aliquid detrimenti capiat the which supplications Christian Emperors Kings and Magistrates out of a pious zeal did grant And therefore did authorize the Bishops and Prelates to sit in their Soveraigne Courts in name of the Church this priviledge many godly and learned Prelates did injoy to the unspeakable good of the Church and advancement of Christian Religion so that it is no lesse but rather a great deal mo●e wicked Sacriledge to rob the Church of this so profitable a priviledge than to rob her of her patrimonie and therefore no marvell though these who make no scruple in Conscience to be sacrilegious in the one be also sacrilegious in the other 4. To come neerer to our Church of Scotland it is evident by all histories that since there were Christian Princes therein the reverend Bishops did not onely rule the Ecclesiastick affaires but also had a great hand in the affaires of the Civill estate and did much good by their wise Counsell to the King the Church and whole Kingdome before Popish tyrannie had place therein and that since there were any formall Parliament in Scotland the Prelats made up the third