Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	assent_n	king_n	royal_a	3,228	5	8.0365	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A35587	The Case and cure of persons excommunicated according to the present law of England in two parts : I. the nature of excommunication, as founded in Holy Writ : the persons intrusted with that power, the objects of that censure and the method prescribed by God for it : the corruptions of it in times of popery, with the acts of the popish clergy, to fortify it with under these corruptions : the several writs of common law, and the statute laws made in those times, and still in force : to restrain the abuse of this censure, and to deliver the subjects from the oppression of it : II. the mischievous consequents of excommunication as the law now stands at present in England : with some friendly advice to persons pursued in inferior ecclesiatical courts by malicious promoters : both in order to their avoiding excommunication, or delivering themselves from prisons, if imprisoned because they have stood excommunicated fourty days.		1682 (1682)	Wing C848; ESTC R4831	39,295	48

prosecuted according to Rutes of the Common Law of England in all Causes or the particular Rules of that Law which belongeth to such Courts upon the Subjects Motion and Suggestion to that purpose The Courts of the King's-Bench Common Pleas or Exchequer grant a Writ of Prohibition according to the Nature of the Complaint either absolutely forbidding them to proceed in such a Case or limitedly until they have amended such or such an Error in their Proceedings If the Ecclesiastical Judge thinks himself injured he may have an hearing and argue the Case If the Secular Judges be convinced of any mistake they will grant them a Writ of Consultation after the Receipt of which they may proceed notwithstanding any former Prohibition For Appeals the Reader must know that even in the vilest and most Popish times the Law of England never left the Subject to the Mercy of an Inferiour Arbitrary Judge in a Court Ecclesiastical but gave him a Liberty to appeal from an unjust definitive Sentence or an unjust Grievance upon an Interlocutory Decree to the next Superiour Court and from thence to the next and at last to the Pope and Court at Rome Upon the Reformation of England it was just to cut off Appeals to Rome being a Forreign Jurisdiction otherwise the old Law of England was kept to It was therefore Enacted and ordained by the Stat. 24 Hen. 8.12 That Appeals should be made from the Arch-deacon's Court to the Bishop's from the Bishop's or his Commissaries to the Archbishop's Court or Arches And by the Stat. 25. Hen. 8.19 from the Arches to the King's Majesty in the High Lourt of Chancery This is vulgarly called the Delegates because upon Petition the Cord Chancellour doth delegate some Common-Lawyers and some Civil or Canon Lawyers to hear and determine the Cause This saith the Stat. 24. Hen. 8.12 shall be done by any of the King's Subjects and Resiants without any Limitation except of time for which the Statute mentioneth 15 Days after the pronouncing the Sentence Assoon therefore as any definitive Sentence or any Interlocutory Decree is given or made it will be the Party's Wisdom to send to some Proctor in the Court to which his next Appeal lyeth to enter an Appeal for him and to send him an Inhibition and Monition and if Excommunication hath been denounced against him an Absolution The Inhibition forbids the Inferiour Judge to proceed till the Appeal be determined if he disobeyeth the Party sending to his Proctor shall have an Excommunication against him The Monition is to admonish the Register to send up to that Superiour Court by such a time all the Proceedings in the Case If he disobeyeth upon complaint an Excommunication shall be sent down against him There is a Practice of the Officers of Superiour Courts sometimes upon Caveats entered by Prosecutors sometimes without to deny the Subject the Liberty settled upon him by the Stat. 24. H. 8.12 refusing to admit his Appeal until he hath sworn and subscribed Conformity according to the 98 Canon made 1603. The Case stands thus By the Stat. 25. Hen. 8.19 which was after that for Appeals 24 H●● 8.12 it was enacted That the Clergy should not presume to make any new Canons or put the same in use unless they might have the Kings Assent first 1. It is not said The Royal Assent and Licence of the King his Heir and Successors 2. Nor is it said Whether there must be an Assent to the particular putting in Execution of each Canon or a whole lump of them in gross 3. Nor is it said his Assent in or out of Parliament which hath made Questions amongst Lawyers Whether any Canons made since that time be of force yea or no especially considering the Stat. made 13. Car. 2. for restoring the Ecclesiasticall Jurisdiction taken away by Stat. 17. Car. 1. Since that time we have had Canons made 1603 and Anno 1640 which last are in Terms left out as not confirmed by the Stat. 13. Car. 2. For the others there have been the former Doubts raised I shall leave them to Lawyers to determine but the Doubt riseth by the Phrase used in the King's Assent prefixed to those Canons 1603 as far as lawfully being Members of the Church it may concern them And again According to the Form of a certain Statute made on that behalf 25. Hen. 8. He who hath a mind to read something Lawyers have said upon this Point may read Mr. Maynard's Argument against the Canons made 1640. Some of the Heads of which he may find in Dr. Fuller's Church History relating to that Year But certain it is that Stat. 25. Hen. 8.19 saith Provided alwayes That no Canons Constitution or Ordinance shall be made or put in Execution within this Realm by Authority of the Convocation of the Clergy which shall be contrariant or repugnant to the King's Prerogative Royal or the Customs Laws or Statutes of this Realm any thing contained in this Act to the contrary notwithstanding So that be the Validity of Canons made by the Convocation and confirmed by the King's Assent out of Parliament as it will by force of that Act yet no Canon can be of force contrariant or repugnant to the Laws or Statutes of the Realm Now the Stat. 24. Hen. 8.12 was at that time a Statute of the Realm and had given any of his Majesties Subjects and Resiants a Liberty of Appeal without any Restriction or Limitation except as to time or Qualification whatsoever Four score Years after this the Convocation 1. Jacobi makes a body of Canons the 98 of which is in these words Forasmuch as they who break the Laws cannot claim any Benefit or Protection by the same By the way then all the King's Subjects are Out-Laws We decree and appoint That after any Judge Ecclesiastical hath proceeded judicially against obstinate and factious persons and Contemners of Ceremonies for not observing the Rites and Ceremonies of the Church of England no Judge ad quem shall admit or allow any his or their Appeals unless he having first seen the Original Appeal the Party Appealant do first promise and avow That he will faithfully keep and observe all the Rites and Ceremonies of the Church of England and also the prescript Form of Common Prayer and do also subscribe to the three Articles formerly by us specified and declared Now the Question is Whether this Canon be not made void and not to be put in Execution by the Proviso before mentioned in the Stat. 25. Hen. 8.19 The Statute makes Appealing the Liberty of any of the King's Subjects and Resiants without any Restriction or Qualification The Canon restrains this and decrees The Appeals of none but such or such shall be admitted Nor can the Validity of the Canon with the King's Assent be pleaded for the Proviso saith any thing in this Act to the contrary notwithstanding nor doth the King confirm the Canon but according to this Statute and so far as lawful may concern his Subjects