Selected quad for the lemma: law_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
law_n king_n realm_n statute_n 7,701 5 8.0873 4 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A25430 Memoirs of the Right Honourable Arthur, Earl of Anglesey, late lord privy seal intermixt with moral, political and historical observations, by way of discourse in a letter : to which is prefixt a letter written by his Lordship during his retirement from court in the year 1683 / published by Sir Peter Pett, Knight ... Anglesey, Arthur Annesley, Earl of, 1614-1686.; Pett, Peter, Sir, 1630-1699. 1693 (1693) Wing A3175; ESTC R3838 87,758 395

There are 3 snippets containing the selected quad. | View lemmatised text

Divine Worship on Men as much as your Description doth And the Venetians particularly opposing the Popes Interloping in their Jurisdiction that other thing referred to in your Description is sufficiently known But if by your Description of Popery you intend only to give us a Dictionary of your Sense of the word generally as used by you and that you intend by the Extermination of Popery the Banishing only of those Principles of it that are Irreligionary out of Mens Minds namely the Principles that tend to the Popes Spiritual and Temporal Vsurpations I am not to quarrel with your expressing your own meaning But as I Judge several Roman-Catholick Writers using the Term Popery to intend thereby the Religion of the Church of Rome as for example the Author of the Compendium saying what I before referred to that nothing but Popery or at least its Principles can make the Monarchy of England again emerge or lasting yet as to which a Divine Sentence was in the Mouth of the King when in his Gracious Expressions in Council concerning the Church of England he Judged otherwise and said I know the Principles of that Church are for Monarchy c. and meaning by Popery what was called la Catholicitè I shall say that according to the common acception of the Word Popery were I to explain what I usually mean by it I would declare that I mean not only the Power of the Bishop of Rome but of any General Councils in Imposing Creeds and Doctrines c. on me And I desiring to have all Religionary Errors banished out of my understanding and Loving my Neighbour as my self will desire they may be so out of his and particularly if after he knoweth he is bought with a price he shall think it lawful for him to be a Servant of Men And will not only weigh the Commands and Decrees of any Bishop But of any General Council whatsoever And if in Matters that Import my Salvation I find them contrary to the Bible with a Salvo to the Reverence I owe to all Lawful General Councils I will desire them to excuse me from obeying them Were it not for what you have so well in p. 48. said that the Protestant Religion not making the intention of the Preist essential to the Sacrament of the Eucharist is more strongly assertive of the Real presence there than the Popish Hypothesis and for that great and excellent Notion of yours in your Discourse viz. That Papists and others being bought with a Price that therefore they ought not to be the Servants of Men and my Judging that according to what I have mentioned out of Dr Iackson that you would separate your self from any Church that imposed any thing Magisterially on Mens Faiths I might think that perhaps had you lived in the Reign of Henry the 8 th you would not have separated from the Ecclesia Anglicana as then by Law Established And therefore when by your warm Expressions in p. 47. after you have said that the Protestation that the Protestant Religion requires is such a continual one as is Reiterated upon every fresh Act and Attempt of the Papal Religion upon ours and whereby it would impose Creeds and Doctrines on us contrary to the Liberty of the Church of England as now by Law Established You tell us that We are to shew no Mercy to these Principles of Popery that disquiet the World and on the several occasions offered protest against the Damages that both our King and Country may have from the Rage of Popery I may tell you that this PROTESTANCY amounts to no more than what we read of in the Review of the Council of Trent where in Book 1. and 12 th Chapter the Author refers to the French King by his Embassadors causing a PROTESTATION to be made against the Council of Trent and as appeared by the Oration there made by Mr. Arnold de Ferriers the 22 d. of September 1563. where among other things having mentioned many grievances he saith that according to the Commands of the most Christian King they were constrained CONCILIO INTERCEDERE VT NVNC INTERCEDEBANT by the same Token that that Book relates how thereupon a certain Prelate of the Council of Trent not well understanding the Propriety of the Word Intercedere which the Tribunes were wont of Old to use when thay made their Oppositions and Hinderances asked his Neighbour PRO QVO ORAT REX CHRISTIANISSIMVS But of the French Kings Embassadors protesting not only against Grievances in the Council of Trent but against it self as a Grievance and of some occasions thereof it will come in my way to speak hereafter Nor was there ever any Instrument or Paper Writ with more sharpness of Anger and Scorn in the way of Defiance against Papismus or Popery than H. the 8 ths Protestation against the Council of Trent and yet inclusive too of another Protestation I mean of his Adherence to the Faith then called Catholick That long Protestation calls the Pope by the Name of Bishop of Rome and saith surely except God take away our right Wits not only his Authority shall be driven out for ever but his NAME also shall be forgotten in England Nor did ever any Protestant Writer in Queen Elizabeths or King Iames the First 's time or in our late Fermentation so zealously press the Exterminating of the Papal Power as Henry the 8ths Proclamation about the Abolishing the same Triumph at its being here done And where he saith We have by Good and Wholsom Laws and Statutes made for this purpose EX●IRPED ABOLISHED Separated and Secluded out of this our Realm the Abuses of the Bishop of Rome his Authority and Iurisdiction of long time Vsurped c. And the King there Orders all manner of Prayers Oraisons Rubricks Canons of Mass-Books and all other Books in the Churches wherein the Bishop of Rome is NAMED or his Presumptuous and proud Pomp and Authority preferred utterly to be Abolished Eradicate and Razed out and his NAME and Memory to be never more except to his Contumely and Reproach remembred but perpetually suppressed and obscured The Act of 28 of Henry the 8 th before spoken of called an Act for Extinguishing the Authority of the Bishop of Rome was here referred to and which Act and other Acts of Parliament Establishing the Kings Supremacy and Excluding the Pope for ever I mentioned as revived in Queen Elizabeths time after their being repeal'd in Queen Mary's I need not observe to you how this present French King hath likewise lately shewn a very Commendable Zeal for the Exterminating the Vsurpations of the Papal Power in the Business of the Regalia and that the Case of that Kings Power is much altered for the better since D' Ossat Writ to Villeroy from Rome with so much Joy for his having found out an expedient as to the difference between Henry the 4 th and the Pope about the granting to one a Church Dignity in France Namely to have the Words put
to have as much power by the Word of God here as any other Foraign Bishop and 't is pity but that the Iudgment of our Vniversities were shewn the World in Print and sent to the French King and particularly the Iudgment or Rescript of the Vniversity of Oxford as not being any where in Print as I know of But in an Old Book of Dr. James's against Popery But as to your thought of having that Rescript of the Vniversity of Oxford sent to the French King I for my part am disinclined to it The printing of it here may probably bring it to the notice of his Ministers and so perhaps to his I have heard how the French Embassador not long ago applyed to a Learned Friend of ours of the long Robe and of the Church of England and one who is a great Antiquary and desired him to furnish him with Copies of Records not printed in Dr. Burnets Works that related to Henry 8 th's withstanding the Papal Usurpation and no doubt but the Copy of this Oxford Rescript would have been as welcom to him and as necessary to Compleat his Collection as any could have been and the publication of it may perhaps be of use in some places of the Roman Catholick World abroad But I fear that the present French King will never without some strange unexpected provocation received from the Papacy advance so far towards the confines of Reformation as Henry 8 th did I know it was but Congruous to Worldly Politicks however contrary to Justice for French Kings formerly to use very high Severities to their Protestant Subjects in the Conjunctures of their quarrelling with the Pope and this you well observe in p. 329. out of the Book called the Policy of the Clergy of France Namely that the French Kings never made any Assaults on the Papal Power but what cost their Protestant Subjects very dear And of the like Nature were the Political Measures of Henry the 8 th here who at the same time burn'd his Protestant Subjects for what he called Heresy that he hang'd some of his Popish ones for what he called Treason in abetting the Papal Supremacy I know we should not presume to limit the most Holy God as to what Instruments he shall or shall not use in the Melioration of the Affairs of Church or State But the French King is one I never think of without Horror Nor do I entertain any idea of Gods making any right Lines in the World by so crooked an Instrument If David must not be allowed by the Course of Providence to build the Temple because his Administration of the Government had been so much dipp'd in Blood what good to Religion can we presage from such a Monarch as has made all Christendom almost one great Aceldama The great God will I believe take his time to make this Monarch share in the usual fate of Persecutors how prosperous soever he may be at present according to what is commonly observed out of the Heathen Moralist That the Divine Wheels are grinding and will grind to powder though they are slow in Motion Nor did God think fit to use our Henry 8 th as an Instrument to contribute towards the building his House here further than by removing the Rubbish of the Papal Vsurpations and by so Signally Acting therein by compassing the Popes power to be here reduced to the level of that of every other Foraign Bishop This was a Momentous thing and worthy the Sagacity and Politicks of King Henry and his Ministers and it must however be for his Honour acknowledged in our English Story The truth is that it having been so Customary for the Bishops of Rome when they met with a weak King here or one whose Affairs were Embarrassed to interlope in their Temporal Concerns and to presume to dispose of their Crowns and Regalities it was but Natural for such a Magnanimous Monarch as Henry the 8 th was to Stake down the Popes Spiritual power to that short tedder he did out of the Scriptures and to allow it to go no further there than any other Foraign Bishop's And thus I for my part would never prefer any Divine to be my Spiritual Pastor who claimed my Temporal Estate And as I think no Lords of Mannors who had the right of Advowson would present any one to a Living in their gift who without Sense or Reason did set up a title to the Mannor But the very thought of waters not rising higher than their Springs might well serve to mind Henry 8 th and some of our former Roman Catholick Princes that the Power of the Bishop of Rome in Temporals however Claimed by Popes was not allowed to rise higher than St. Peter's nor St. Peter's higher than his who said his Kingdom was not of this World and that St. Peter's Successor is not like Tamberlain to tread on the Heads of Christians nor like Alexander the Third to Tread on the Neck of an Emperor and Burlesquing one of King Davids Psalms Super aspidem basiliscum ambulabis conculcabis l●onem Draconem when it may be said that the Holy Iesus did tread so gently in his passage through the World that if he had trod on a bruised Reed he would not have broke it or if on smoking Flax he would not have quenched it A Man cannot throughly Write of the Old Papal Usurpations here without being as voluminous as Mr. Prynne and our Statute-Book doth sufficiently instruct us out of Hen. 8 th's Reign and former ones in the Fact of the Papal Arrogance and in the Fact and Right of their being withstood But I need not tell you of the common Observation that those Statutes in Henry 8 th's time that were most warm against the Papal Usurpations were but Declarative of our old Laws and Customs and as for example the dernier Ressort that the Cannon Law gives the Pope of Appeals from our Ecclesiastical Courts was an Usurpation long before the Statute of Henry the 8 th's time for prohibiting all Appeals out of England to the Court of Rome And thus the Constitutions at Clarendon plainly speak out how our Old Laws and Customs were to be observed in this point viz. That all Appeals must proceed regularly from the Arch Deacon to the Bishop from the Bishop to the Arch-Bishop and if the Arch-Bishop failed to do Justice the last Complaint must be to the King to give Order for Redress i e. by proper delegates and Mathew Paris A. 1164. thus tells us that in the Reign of Henry the Second the Custom then about Appeals was viz. Si emerserint ab Archidiacono debet procedi ad Episcopum ab Episcopo ad Archiepiscopum si Archiepiscopus defuerit in justitiâ exhibendâ ad Dominum Regem perveniendum est postremo ipsius in Curiâ Archiepiscopi controversia terminetur ita quod non debet ultrà procedi absque assensu Domini Regis But as to the Ridiculousness of the Papal Usurpations by the
Quotation out of Cyprian with these words viz. Si ante adventum Christi haec praecepta servata sunt quanto magis post adventum servanda sunt quando ille veniens non verbis tantum nos hortatus est sed factis By which words he would prove that our Lord did both by Words and Deeds exhort us to Kill Hereticks Whereas there is not one word in Cyprian or the Texts of Scripture he Cites which any way concerns Hereticks or Heresie but only Idolaters and Idolatry which are things of a far different Nature And had Gratian considered what immediately follows there in Cyprian and which he there unluckily leaves out he might have clearly seen that Cyprian neither said nor meant that the Meek and the Holy Iesus did by Deeds or Words Exhort Men to kill Hereticks But that which Cyprian truly saith our Blessed Saviour did by Deeds and Words Exhort us to was that Christians should patiently suffer and by no means renounce the Gospel by serving Idols and by Idolatry For as to those words with which Gratian ends his Canon viz Christus veniens non verbis tantum nos hortatus est sed factis there should have been only a Comma after factis though Gratian makes a full point as if it concluded the Sentence It immediately follows in Cyprian thus viz. Non verbis tantum nos hortatus sit sed factis post omnes Injurias contumelias passus Crucifixus ut nos pati mori exemplo suo doceret ut nulla sit homini excusatio pro se pro Christo non patienti Cum ille passus sit pro nobis c. In short that which Cyprian saith Christ taught us with Words and Deeds was not that we should Kill Hereticks as Gratian would have it but that we should willingly suffer Death for the Gospel rather than be Idolaters We know that in the case of the Samaritans who were both Hereticks and Idolaters when Iames and Iohn would have had fire from Heaven to Consume them our Blessed Saviour Rebuked them and said that the Son of Man was not come to destroy Mens Lives but to save them Because I love to make no breach among Christians wider and because in p. 260. you have in general mentioned Gratian's Misciting of Cyprian and in p. 261. shewed that Gratian's founding a Tenet on Cyprian or any places out of other Authors giveth it only the weight that Cyprian and they had in their proper Works c. I have here thought it worth while to shew that Papists are under no Moral Obligation by this Canon Si audieris and do believe that the more Sagacious Persons of the Church of Rome do as is said in Pere verons Book you in the page last cited refer to make Gratian's Decrees and the gloss claime nothing of Faith and so even in the country 's of the Pope where the Canon Law is in force this part of the Decrees so wilfully mistaken by Gratian out of Cyprian can bind none in Conscience And therefore as to what you mention of the Roman Catholick Gentlemans observing that the Council of Trent had gone far in the Confirmation of the Canon Law c. I account you have said enough to Answer that Objection For though the Council of Trent hath it in the 25 th Session C. 20. De Reformatione p 623 624. of the Edition at Antwerp in the year 1033 that Praecipit sancta synodus sacros canones concilia generalia omnia necnon alias Apostolicas sanctiones in favorem Ecclesiasticarum personarum libertatis Ecclesiasticae contra ejus violatores editas quae omnia praesenti decreto innovat exactè ab omnibus observari debere tho' other expressions in that Council may seem to confirm some parts of the Canon Law they cannot I think Rationally be extended to confirm any thing therein that was void ab initio and so not obligatory and as this Canon Si audieris appears not to be by Gratians falsification as to Cyprian But how far a Tenet or Principle of this Nature branded by no Index expurgatorius is yet chargeable on the Papacy as approved by it I leave to consideration and do think it great pitty that when a Pope could find leisure by a Bull that I find King Iames the I. mentions in his Works as beginning with Exurge Deus to Damn among other sayings that of Luther Nova vita est optima paenitentia he did not find time to censure this thing in his Canon Law I thank God that I am Embarqued in a Church whose Articles and Canons contain nothing inserted in them by any Falsarius and by which nothing is approved or imposed on me to own contrary to the Liberty purchased for me by my Redeemer You have in p. 71. cited a late Author of the Communion of this Church for saying that Image-Worship invocation of Saints Transubstantiation Purgatory are and will be Learnedly and Voluminously defended on each side to the Worlds End and perhaps in the World abroad it will be so But I agree with you in believing that the Present State of England doth and probable future one of it will here render Voluminous Writings of all Theological Controversies out of Fashion Your p. 170. contains in it one Theological consideration of more value in my Opinion than many Tomes of Controversy viz. that Papists as well as others of Mankind have a right and title to the free and undisturbed Worshipping of God and the confession of the Principles of Religion purchased for them by the Blood of Christ And the very consideration of the Duty incumbent on all Christians to stand fast in this Liberty so dearly purchased for them would if I were in the External Communion of the Roman Catholick Church prevail with me to leave it though there were perhaps no other Argument in the case I have here our great Dr. Iackson on my side in thus Judging in his Treatise of the Church 14th Chapter where having given two Reasons as just and necessary for which Men may and ought to separate themselves from any visible Church and named this as the first Namely when they are urged and constrained to profess or believe some points of Doctrine or to adventure upon some practices which are contrary to the Rule of Faith or Love of God he mentions this as the Second viz. In case they are utterly deprived of Freedom of Conscience in professing what they inwardly believe c. for which he quotes 1 Cor. 7.23 ye are bought with a price be not ye Servants of Men. Although saith he we were perswaded that we could communicate with such a Church without evident danger of Damnation yet in as much as we cannot Communicate with it upon any better Terms than Legal Servants or Bondslaves do with their Masters we are bound in Conscience and Religious Discretion when lawful occasions and opportunities are offered to use our liberty and to seek our Freedom rather than to