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A41808 Considerations upon the second canon in the book entituled Constitutions and canons ecclesiastical, &c. Grascome, Samuel, 1641-1708? 1693 (1693) Wing G1569; ESTC R11703 35,734 45

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excommunicated ipso facto by the Canon by consequence they cannot be the Church of England they have incurred her Censures are cut off from her Communion her sound Members ought not to communicate with them And the Anti-Revolutionists how few soever are the only Church of England I have stated this Reasoning but very briefly you may easily examine it more fully and if it holds I have my purpose For when it is enquired into and found solid it may deserve its proper place in some Book or other that may after this be written on the Controversie Besides it may be useful for obvia●ing that popular Plea against the Separation That the Original Question is only of Civil Co●cern and ought not to affect the Interests of the Church For from these Grounds it appears that in the Opinion of the Church of England which made the Canons it was of such concern as to have the highest Censures of the Church interested in it and to be made a fundamental term of her Communion If after it is examined by Men of better Judgment and better skill'd in the concerns of the Church of England it shall c. The Canon to which the Author of the Letter resers WHosoever shall hereafter affirm that the King's Majesty hath not the same Authority in Causes Ecclesiastical that the Godly Kings had amongst the Jews and Christian Emperors in the Primitive Church or impeach in any part his Regal Supremacy in the said Causes restored to the Crown and by the Laws of the Realm therein established Let him be excommunicated ipso facto and not restored but only by the Arch-Bishop after his Repentance and publick Revocation of those his wicked Errors Before I come to explain the intent and force of this Canon I think it convenient to set down a Position in the first Canon which all Persons having ●ure of Souls and all other Preachers and Readers of Divinity are obliged to the uttermost of their Wit Knowledg and Learning purely and sincerely without any Colour or Dissimulation to teach manifest open and declare four times every Year at the least And whether this hath been done or if done with what Sincerity by the greatest part let the World judge by their present and late Actings And it may be farther observed that this Position is levelled as well against all Civil as Ecclesiastical Foreign Powers as may appear not only from the Words in it but from our Laws and Statutes which shall hereafter be produced which this was designed to strengthen and confirm That the Spiritual Sword might afford what assistance it could to the Secular and both Powers concur to secure the Lawful Supream Governour upon whose Safety and Welfare the Well-being of both so much depended The Position in the first Canon That all Usurped and Foreign Power forasmuch as the same hath no establishment nor ground by the Law of God is for most just Causes taken away and abolished and that therefore no manner of Obedience or Subj●ction within his Majesty's Realms and Dominions is due unto any such Foreign Power But that the King's Power within his Realms of England Scotland and Ireland and all other his Dominions and Countries is the highest Power under God to whom all Men as well Inhabitants as born within the same do by God's Laws owe most Loyalty and Obedience afore and above all other Powers and Potentates in Earth I do not deny but that the Usurpations of the Court of Rome were the ●ccasion of laying down this Position but then though the occasions of Laws or Canons are particular yet the Law or Canon it self is general ●gainst all Mischiefs whatsoever of the like kind If the occasion of the first Law against Murder had been the cutting a Man's Throat no State what●oe●●● would be so weak as to make a Law only against cutting of Throats ●nd leave bloudy Men free to use all other ways but their Law would be ●ade general to prevent the killing any Man either with Knife Sword Pistol 〈◊〉 or any other way or means whatsoever otherwise at this rate we must have a particular Law for every particular Fact It were a ridiculous ●hing to make a Fence against the Encroachments and Usurpations of the ●oman Court and to leave open a wide Gap for all others to enter in at pleasure For though we may justly have particular Apprehensions of the Al●-assuming Man at Rome yet we have the same reason against all Usurpat●●ns as being equally pernicious to us from what Quarter soever they ●●me But that we may come nearer to the Business both this Position and 〈◊〉 fore-cited Canon are equally acknowledged by both Parties engaged in 〈◊〉 present Controversie both Non-Jurors and Jurors assert themselves to 〈◊〉 the Church of England and lay claim to the Canon as a Canon of thei● Church if therefore the Canon be violated there can be no Cotroversie betwixt either Party but that the Penalty mentioned in the Canon belongs to the Violators so that if either Party appear guilty the Penalty must be fixed by consent Now for both Parties to get quit of it is impossible this Thunderbolt must unavoidably fall upon the one or the other For i● King James be our true and lawful Sovereign then the Regal Authority is his and consequently the Supremacy which is the choicest and top Branch of that Authority and if so then the Jurors who not only deny King James's Supremacy but have to their Power divested him of all Authority must inevitably stand excommunicated ipso facto by vertue of this Canon the force of which themselves acknowledg On the other hand it is not to be doubted but the Jurors will not be wanting to themselves in charging the Non-Jurors with the same Guilt for not worshipping the Idol which they have set up and which hath been more chargeable than ever was Nebuchadnezzar's Golden Image Now the Mighty Dr. Sherlock tells us That we cannot have two Kings at once and though I am not satisfied that the Doctor 's Proposition is universally true for David caused Solomon to be anointed and proclaimed King in his Life-time without divesting himself and the like did our King Henry II. to his no small Trouble yet in this Case where the two Titles clash and mutually destroy each other so that if the former be Rightful King the latter must be an Usurper if the latter have acquired a Right the former must have lost his there it is most certain that we cannot have two Kings at once Now for their New-fashion'd King they may take the best care of him they can that which lies on us is to prove the Right in King James which even Dr. Sherlock acknowledgeth and that very thing makes his de facto King to be but another Name for an Usurper For a bare de facto King is no more a King than a Possessor malae sidei is the true Proprietor of an Estate which he hath unlawfully and unjustly thrust himself into
joined with the Revolutionists in deposing his Prince If he joins with Mr. Johnson in his Argument it is Common-wealth all over if he take up with the other Arguments of his Brethren Julian hath fairly ●iss'd them out of Doors I did once think that Men who raved against the Evasions Equivocations Mental Reservations Dispensations and other deceitful Arts and Tricks of the Jesuits had been Men of Plain dealing Simplicity and Integrity But since I have discovered that those very Men who made the deposing Power their Bell-wether Argument against the Papists were at that same time busie in contriving how to depose their own lawful Prince I have been prone to think that if you should take a Latitudinarian Protestant and a Jesuit and put them both in a Bag and shake them well together it would be hard to determine whether he that came out ●irst or last was the greatest Knave After the deplorable Consusions Divisions Wars Devastations and Oppressions they are the Words of the Act wherewith these Kingdoms were harassed in the former Rebellion the Wickedness of which no Man would have thought could have been exceeded had he not seen this the People j●ded with their own Folly and Villany and seeing no ●nd of the Rapine Madness and Cruelty of their Oppressors call Home their Lawful Sovereign King Charles the Second And in the 12th Year of his Reign but of his actual governing the first an Act passed wherein his undoubted Hereditary Sovereign and Regal Authority was acknowledged a perpetual Thanksgiving for his Restoration ordered to be annually and publickly kept All Ministers are thereby bound to celebrate it and to give God Thanks and publickly declare the extraordinary Mercies Blessings and Deliverances received all People are bound on that Day to repair to some Church or Chappel where the Service appointed may be had all Ministers to give notice of it the Lord's Day before and upon the Day to read the Act pablickly and distinctly to the People And this is again confirmed the 13th Car. 2. cap. 11. Certainly no Man that had a Grain of Honesty could think that any People could be guilty of such fulsome Hypocrisie and such downright mocking of God as to keep a publick Thanksgiving for the restoring one Brother to his Right and at the same time to plead the lawfulness of driving away and keeping out the other Brother by force of Arms when the Right and Title of both Brothers was exactly the same By what Authority do they call the other Rebels when they do the same thing Or is it a wicked thing in Presbyterians and Independents to depose Kings but lawful and commendable in Latitudinarians But if forty Parliaments had laid their Heads together to secure their Sovereign from any Violence or Harm against any Man Men or body of Men whatsoever of his own Subjects or most effectually to confute Mr. Johnson's Argument I cannot imagine how they could do it in more apt proper and full terms than is done by the Act 12 Car. 2. cap. 30. wherein it is declared That by the undoubted and fundamental Laws of this Kingdom neither the Peers of this Realm nor the Commons nor both together in Parliament nor the People collectively or representatively nor any other Persons whatsoever ever had have hath or ought to have any Coercive Power over the Persons of the Kings of this Realm Here plainly by a full and free Parliament and by universal consent all sorts and all bodies of Men are restrained from using any Violence to their King and this not only at present enacted but declared to be so by the undoubted and fundamental Laws of this Kingdom If this be true Bracton must be mistaken Or shall we esteem his Authority above that of the High Court of Parliament Or what shall become of his respectuetur ad Magnam Curiam when that very Court in this case denies it And that too upon this very account that the undoubted and fundamental Laws are against it There are many other Statutes which seem to be pursuant of this as 13 Car. 2. cap. 1. where that Opinion is condemned That both Houses of Parliament or either of them have a Legislative Power without the King by which alone all the Acts of the Convention are overthrown and all the pretended Authorities thereupon founded Hence in the same Act they proceed to condemn the Proceedings in the former Rebellion declaring That the Oath usually called the Solemn League and Covenant was in it self an unlawful Oath and imposed upon the Subjects of this Realm against the fundamental Laws and Liberties of this Kingdom and that all Orders and Ordinances and pretended Orders and Ordinances of both or either Houses of Parliament for imposing of Oaths Covenants or Engagements levying of Taxes or raising of Forces and Arms to which the Royal Assent either in Person or by Commission was not expresly had or given were in their first creation and making and still are and so shall be taken to be null and void to all intents and purposes whatsoever Now as if they had had a Spirit of Prophesie this Act seems to be more strongly levelled against the Convention than the long Parliament for the long Parliament were called by the King 's Writ and by his assent to a Bill were continued till they should dissolve themselves but the Convention was a Mushroom sprung up of it self and remaining without root or foundation They were so far from having any colour of Law to warrant them that when they had traiterously driven away their King with Lies Noise and Threats they met contrary to all Law at the invitation of a Stranger their King's Enemy against whom they ought to have defended him and therefore were Traitors in that very Act The long Parliament indeed boldly assumed the whole Authority to themselves but withal they seemed not before hand to be destitute of a very considerable Legal Authority but the Convention as they had no manner of Authority in that case so they pretend to give the Supream Authority to one who as a Stranger had less Authority than themselves But neither could they give what they never had nor he receive from them what they had not to give and therefore this Act as strongly makes null and void all the Oaths Acts Orders Ordinances and Proceedings whatsoever of the present Government as they call themselves as it did the Solemn League and Covenant and other the proceedings of the Rump Parliament and Oliv●r the First 13 Car. 2. cap. 6. There is an Act wherein it is declared That within all his Majesty's Realms and Dominions the sole Supream Government Command and Disposition of the Militia and of all Forces by Sea and Land and of all Forts and places of Strength is and by the Laws of England ever was the undoubted Right of his Majesty and his Royal Predecessors Kings and Queens of England and that both or either of the Houses of Parliament cannot nor ought to
But to what purpose is all this Stuff Are we to judge of our Constitutions by the blind Tale of a little Historian or the contradictory Saying of an old Moth-eaten Lawyer who wrote in di●●icult Times trod upon Thorns and was under a kind of Necessity to write so as that he might avoid the Rage of the several incensed Parties What a woful Condition are the People of England in if they must look five six seven or eight hundred Years downward for what they are to do now and to learn wherein and how far they are to obey their King Such Things fall in few Hands and are read by fewer and perhaps well considered by fewest of all Will Mr. Johnson have the present State of Affairs redu●ed to what was so long since Or will he be content that his Almighty House of Commons should be l●id aside because there was no such House at the time from whence he se●cheth several of his Authorities or at least not such a House as is now under the pr●sent Constitutions And therefore I must beg his Pardon if in this case I little regard his far-fetch'd Stories and am bold to tell him that we are not to be ruled or guided by odd Remnants of Antiquity in this matter but by our present Constitution and if he can make that agree with his Old Stories he will go near to carry the Cause but if he cannot then both he and all the Revolutionists will stand for ever condemned by it Now I know not how to come to the knowledg of our Constitutions better than by our Laws and then for a Protestant Kingdom it may be convenient to look so high as the first establishment of Religion under that odd Title and to compare and view the agreement of our Laws all along from the first enterance of the Protestant Religion to the very time of King James's pretended A●dication And here if I go so high as Henry the 8th 〈◊〉 I think I need go no farther than Queen Elizabeth and so trace Things to our own Time we shall thence learn the present Obligations we lay under when this Revolution came upon us I am not willing to create a Quarrel whether Henry the 8th were Papist or Protestant I will freely give the Papists my share in him For he that so ●obb'd the Churches that many Parishes have not Revenues to find a Minister Bread and burnt Protestants because they would not become Papists I think is much fitter for them than for us But be he what he will I cannot find that either he or his Parliament owned Mr. Johnson's Doctrine In the ●●th of his Reign cap. 12. you will find it thus Enacted Where by divers sundry old Authentick Histories and Chronicles it is manifestly declared and expressed That this Realm of England is an Empire and so hath been accepted in the World governed by one ●upream Head and King having the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body Politick compact of all sorts and degrees of People divided in Terms and by Names of Spirituality and Temporality been bound●n and owen to bear next to God a natural and humble Obedience Here a Parliament declares him 〈◊〉 subjects him to none but God and in the next following Words gives him plenary whole and intire Power Pre-eminence Authority Prerogative and Jurisdiction And this they declare to be no new thing but to be taught by old Histories and Chronicles whose authentickness they vouch Now one would think that such authentick Histories and such Vouchers should make a better Authority th●n Mr. Johnson's Knighton But it is so well known what Authority Henry the 8th challenged and was owned by his Subjects that I need not insis●●pon it Had our Author come abroad then with his new Inventions he himself perhaps would have found little better usage than Dr. Burnet's Pastoral Letter As for King Edward the Sixth we do not find that he any ways departed from the Authority his Father left him but though a Prince of great Hopes and pious Inclinations yet by the Seducements of some ill Persons about him entered farther upon the Ecclesiastical Authority than ever his Father did how justly I leave others to judge I cannot commend it And then for Queen Mary all Dignities Prerogative Royal Power Pre-eminence Priviledges Authorities and Jurisdictions are as fully wholly absolutely and entirely invested in her as in her Father or any her Predecessors by the Statute 1 Mariae Par. Sec. Cap. 1. To avoid tediousness I shall only touch upon such Statutes as speak home to this purpose and now we come to that which all sorts of Persons except Papists as with one Month stile the best Reign I mean the admired times of Queen Elizabeth in the first Year of whose Reign the Oath of Supremacy was enacted or rather revived in which amongst others are these two things asserted 1st That the Queen's Highness is the only Supream Governour of this Realm and of all other her Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal 2dly That no Foreign Prince Person I relate State or Potentate hath or ●ught to have any Jurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spiritual within this Realm By the first her own Subject's Hands are tied up by the second the Usurpations of Foreignes are excluded She could not be Supream much less only Supream if any Men or body of Men in her own Dominions had a Superior Power to depose her and it being not only their Duty but they also farther obliged by Oath to assist and desend her in this Supremacy and this Oath and Statute being transmitted in force to all her Successors any attempt by them to the contrary must necessarily be invalid and unlawsul And those who have a mind to know the Penalties which the Law insticts on Offenders in this kind may at their leisure read them in the same Statute Let us now des●●●d from the Reign of Queen Elizabeth to that of King James the First and in the Act of Rec●gr●tion Anno 1. Jac. 1. cap. 1. after a long dutiful and humble Pr●●mble it is thus said We being bounden thereunto both by the Laws of God and Man do recognize and acknowledg and thereby express our unspeakable Joys That immediately upon the Dissolution and Decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England and of all the Kingdoms Dominions and Rights belonging to the same did by inherent Birth-right and lawful and undoubted Succession descend and come to your most excellent Majesty as being lineally justly and lawfully next and sole Heir of the Blood-Royal of this Realm as is aforesaid And that by the Goodness of God Almighty and lawful Right of Descent under one Imperial Crown your Majesty is of the Realms and Kingdoms of England Scotland France and Ireland the most potent and mighty King and by God's