Selected quad for the lemma: kingdom_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	england_n	faith_n	king_n	1,763	5	3.6537	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01338	The argument of Master Nicholas Fuller, in the case of Thomas Lad, and Richard Maunsell, his clients Wherein it is plainely proved, that the Ecclesiasticall Commissioners haue no power, by vertue of their commission, to imprison, to put to the Oath ex officio, or to fine any of his Maiesties subiects.	Fuller, Nicholas, 1543-1620.	1607 (1607)	STC 11460; ESTC S102744	22,550	38

THE ARGVMENT OF MASTER NICHOLAS FVLLER IN THE CASE OF THOMAS LAD AND RICHARD MAVNsell his Clients Wherein it is plainely proved that the Ecclesiasticall Commissioners haue no power by vertue of their Commission to Imprison to put to the Oath Ex Officio or to fine any of his Maiesties Subiects Psal 2.10 Be wise now therefore ye Kings be learned ye Iudges of the earth 2. Chron. 19.6 Take heede what ye doe for ye execute not the iudgments of man but of the Lord and he will be with you in the cause and iudgment Prov. 24.11.12 Deliver them that are drawne to death and wilt thou not preserue them that are led to be slayne If thou say Behold we knew not of it he that pondereth the heartes doth not he understand it and he that keepeth thy soule knoweth he it not will not he also recompense every man according to his workes Imprinted 1607. THE PRINTER TO THE READER CHristian Reader there came to my hands by the good providence of God this Argument of M. Fullers accompanied with some few lines wherin as it should seeme it was sent inclosed to a Gentleman of good worth and worship on this side the Seaes Having read it over perceiving it to be of very necessarie use for my Countrimen whose good I desire from my heart and whose welfare I take my selfe bound to procure as I may though now I be in a part farre remote from them I haue adventured to publish it to the view of the world the rather because therein both the uniust usurpation of the Prelates over his Maiesties Subiects is notably discovered and the lawes and liberties of the land the high Inheritance of the subjects are worthily stood for and maintained maugre the malice of the Prelates who as I heare studie and striue even with might and maine to beare downe all before them to the ruine of that sometime-flourishing Church and Common-wealth How the publishing of it wil be liked I cannot tell how ever I send it abroad to thy view even as it came to my handes which I doe I professe in the presence of that great God altogither without the privitie either of the Gentleman himselfe whose bandes I would be loth any maner of way to increase or of the silenced Ministers who haue felt the weight of these lawles proceedings too too long in the handes of the Prelates Reade it and consider well of it and if thou reape any benefite by it giue all the glorie to God alone who can if it seeme so good unto him by weake meanes bring great matters to passe Farewell To my worshipfull frend W.W. WOrshipfull Sir I send you here-inclosed the thing which you sent for so long since What the drift of it is I understand in part as having read it over How well it is performed I am not able to iudge because it is out of my Element The Gentleman arguing the Case is knowne to many but diversly both thought and reported of upon occasion of his present troubles His per●on and cause I leaue to them to whom it belongeth iustly to determine of such great matters But touching the poynt it selfe I hope that as you out of the depth of your iudgment great experience are able to speake much both for the matter and manner of it so you will not be unwilling to declare your minde as occasion shal be offered either in the like or dislike of it And so having no more at this time to trouble your Worship withall but patiently waiting for your opinion herein if you so thinke it good and wishing alwayes all maner of good unto you I humblie take my leaue Gentle Reader because the French quoted in this Argument is somewhat mis-printed and the Latine though it be not much may yet notwithstanding stumble the simple and such as be unlearned I haue thought it not amisse to english both the one and the other referring thee every where to the page and line where either of them is Pag. 5. line 9. Because the Kings power ought not to be wanting to holy Church Ibid. line 19. but by the lawful iudgment of his Peeres or the law of the land Pag. 7. line 7. as before pag 5. line 9. ibidem line 27. c. Supplication is made to the most excellent and gratious Prince our Lord the King on the behalfe of your humble Orators the Prelats and Clergie of your kingdome of England that whereas the Catholike faith founded upon Christ and by his Apostles and Church c. Which petitions of the Prelates Clergie before expressed our Lord the King with the consent of his Nobles and other Peeres of his Realme assembled in present Parliament hath graunted and in every of them according to the forme c. Pag. 8. line 8. Also the Commons pray that sith it is conteyned in the great Charter that none should be arrested or imprisoned without answer or due processe of law which Charter is confirmed in every Parliament c. And besides they intreat that if any be arrested or imprisoned contrary to the forme of the Charter aforesayd that he may come and appeare to his answer and take his iudgment even as the law requireth also that no such Arrest or Imprisonment may be drawne into custome to the destruction of the law of the King Ibidem line 16. Let the Statutes and the common law be kept Ibid. line 20. c. Also the commons beseech that whereas a statute was made in the last Parliament in these words It is ordeined in this Parliament that the Kings Commissions be directed to the Sheriffes and other officers of the King or to other sufficient persons after and according as the certificates of the Prelates were wont to be in the Chauncery from time to time and that such preachers their favourers abettours c. Which was never assented unto nor graunted by the commons but that which was done therein was done without their assent and so the statute is of no force For it was never their meaning to iustifie it nor to binde themselues nor their successors to the Prelates any more then their Auncestors had done in times past It pleaseth the King Pag. 10. line 31. Because no man is bound to betray himselfe Pag. 11. line 9. An Oath in a mans owne cause is the devise of the Devill to throw the soules of poore men into Hell Pag. 12. line 19. Nature is a preserver of it selfe Ibidem line 27. Without a certaine Author of the Bill exhibited no accusations ought to haue place for it is both a thing of very evill example and not the manner of these times Pag. 14. line 26. c. The King can doe nothing upon earth seeing he is the servant and lieuetenant of God but that which he may lawfully doe because that power belongeth onely to God but the power of doing wrong belongeth to the Devill and not to God and the workes of which so ever of these

behouefull for the subjectes as it may prevent much wrong and oppression from high authoritie if the Iurors be iust faithfull persons as they ought to be and their verdit also may be redressed by attaint if they should doe wrong therein which writts of attaint and error are parte of the subjectes inheritance Also this oath Ex officio hath no coherence with the law of nature For as Aristotle saith natura est conservatrix sui as is sayd in 40. Edw 3. fol. 2 but this tendeth to a mans owne overthrowe it hath no coherence with the lawes of Nations as he gathered by the writing of Traiane the Emperour being a very wise just man who writing to Plinie the second his lievetenant of some Provinces in Asia minor for direction in his governement against those who at that time were opposite to his religion saith thus Sine authore certo propositi libelli nulli crimini locū habere debent nam et pes●imi exempli nec nostri seculi est According to which direction Felix the governer of the Iewes under the Emperor when Paul the Apostle was brought before him sayd to Paul that he would heare him when his accusers were come holding it as unjust without an accuser to charge him And it is much worse then auricular confession because that is voluntary this by constreint that to be concealed this to be revealed to the parties shame that to induce pardon this to induce punishment to himselfe And where an oath should be the end of strife this oath Ex officio is often times the begining of strife yea it hath been so hatefull as some Martyrs haue written against it as a bloudie law and therefore not without just cause that the whole estate assembled in Parliament in an 25. Hen. 8. held it not to be agreeing with the rule of right and equity and to be contrary to the lawes of England and therfore revoked the sayd statute of 2. Hen. 4. and did therby limitt another forme of proceeding against persons accused or suspected thus viz. upon Inditement or two witnesses at the least according to Gods law with wordes of restreint not to proceed otherwise since which time no custome or colour of prescription in the Ecclesiasticall Courts can take place against that law to uphold the oth Ex officio in case of heresie And touching fines by the statute of Articuli cleri cap. 1. by the Register and by Fitzh Natura brev fo 51. 52. and by the statute of 15. Edw. 3. cap. 6. it is so shewed that by auncient Ecclesiasticall jurisdiction they ought not to set fines of mony upon subjectes unles it were upon cōmutation of penaunce so as it need no further proofe of that matter The third matter which he endevored to proue was that the lawes of the kingdome of England and the manner of proceeding in cases of law and justice are setled in the Realme as parte of the inheritance of the subjectes and rightly termed by some Iudges in 10. Hen 6. fo 62. to be the most high inheritance of the Kingdome by which both King and subjects are guided that without lawes there would be nether King nor inheritance in England Which lawes by long continuance of time and good indeavor of many wise men are so fitted to this people and this people to them as it doth make a sweete harmony in the goverment all things being as readily obeyed on the one parte which are agreeing to law as they are willingly commanded on the other parte according to law every officer by the rule of the law knowing the duties of their places as Sheriffes Bayliffes Constables Coroners Eschetors c. the band of an oath both for goverment and obedience being mutually made on each parte For the lawes in a common wealth are like the sinewes in a naturall body by which the hand foote and other partes of the body doe readily moue by the direction of the head but if the hand or foote be forced aboue the strength of the sinewe it eyther taketh away the use of that parte or els it maketh it a weake or halting member so is it if the lawes be streyned against any part of the comon wealth aboue it right and naturall strength it will make that parte weake or halting and therefore it is excellently sayd in 8. Hen. 4. fol. 19. in the com fol. 236. and in the Case of Alton woodes that the law admeasureth the Kings prerogatiue so as it shall not extend to hurt the inheritance of the subjectes on the on parte and as Bracton saith nihil aliud potest rex in terris cum sit Dei minister et vicarius quam quod de iure potest quia illa potestas solius Dei est potestas autem iniuriae diaboli est et non Dei et cuius horum opera ●ecerit rex eius minister est And the law doth restrayne the liberall wordes of the Kings grant for the benefit both of the King and the subjects and to the great happines of the Realme especially when the Iudges are mē of courage fearing God as is to be proved by many Cases adjudged in these Courtes of Kings Bench and Common-Pleas which Courtes are the principall preservers of this high inheritance of the law whereof he rehearsed some few Cases on the parte of the King and on the part of the subjectes diverse Cases as in 45. Ass p. 15. where the King did grant to I.S. his heires the manour of Dale all the woodes and underwoods and Mynes within the sayd mannor yet Mynes of gold and silver did not passe and in the 22. Ass 40. the King did grant to I.S. the goods and chattells of persons with in Dale qualitercunque damnatorum yet the goodes of persons attainted of treason did not passe for the benefit of the King because the same are so annexed to the crowne as by no generall words they may passe frō the Crowne by the rule of law And of late yeares what great benefite hath growne to the Kings and Queenes of this Realme upon construction according to the rules of law of the Kings graunts the case of Alton woods the statute lately made for confirmation of Charters granted to the Citizens of London and the many cases preferred by Tipper his fellowes doe sufficiently proue And on the other side if any graunt or Commission from the King doth tend to charge the body landes or goods of the subjects unlawfully the Iudges will redresse the same For if the King graunt the lands or goods of I. S that is so manifestly against law as it needes no proofe But he said he would put such Cases as being groūded upon prerogatiue haue a shew of good to the Common wealth and yet are not allowable because the tend to charge the subject without the assent of the subject as the Case 1● Hen. 4. where the King did graunt an office of measuring of