Selected quad for the lemma: water_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
water_n earth_n sea_n see_v 4,259 5 3.9841 3 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
A45213 An argument upon a generall demurrer joyned and entred in an action of false imprisonment in the Kings Bench Court termino Trinitatis 1631. rot. 1483. parte tertia, betweene George Huntley ... and William Kingsley ... and published by the said George Huntley ... Huntley, George.; Kingsley, William, 1583 or 4-1648.; England and Wales. Court of King's Bench. 1642 (1642) Wing H3779; ESTC R5170 112,279 128

There are 2 snippets containing the selected quad. | View lemmatised text

former statute being convict therfore he is liable to be fin'd and imprison'd at the Kings pleasure And beside both he and they that obey him and they that assist him and they that pleade or argue for him and they that give sentence or judgement with him doe all violate the oath of supremacy for by that oath they are all bound to the utmost of their power to assist defend all jurisdictions of the Crowne and they to the utmost of their power doe overthrow and betray the auntient jurisdiction of the crowne over the state Ecclesiasticall But this is not my case my Lord for I am not a licenced Preacher neither was I when this controversie first began and the Defendants confesse so much in their plea the fift Article neither could I since procure a licence of them though I sued unto them twice for it and they both in their Articles and sentence extant in their plea confesse me to be sufficiently qualified for a licensed preacher And therefore I then was and am now forbidden to preach or expound any Scripture in mine owne cure or elsewhere by the 36. 49. and 52. canons Now these Canons my Lord were made by a provinciall Synod call'd together by the Kings writ and they were afterwards confirmed by his Majesties Letters Patents out of his prerogative royall His Majestie therein straightly chargeth all his loving subjects of both provinces to keepe and observe all those Canons in every point wherein they doe or may concerne every or any of them and hee doth likewise charge all Archbishops Bishops and all others that exercise any Ecclesiasticall authority within this Realme to see and procure that all within their jurisdictions doe observe and keepe them in the former manner So that his Majesty doth charge mee being no licensed preacher to keepe and observe the former canons which forbid me to preach in mine owne cure or elsewhere and doth likewise charge the Arch-deacon Bishop and Arch-bishop of Canterbury to see and procure that I doe observe them And to the intent that both clergy and laity may the better observe them his Majesty chargeth all incumbents to read them publickely in their owne Churches to their owne people once every yeere Now can the Arch-deacon or any other prelate by canonicall obedience command me to preach contrary to these canons No surely canonicall obedience is such obedience as the canons require but this is contrary to the canons and therefore is arbitrary obedience and the worst part or kind of Arbitrary obedience namely anticanonicall or contracanonicall obedience What then am I to doe in this case For this is my case my Lord am I to obey the (h) Contumax est qui bene intelligit Canones praecipientes contrarium tamen non vult eis obedire sed scienter contrafacit Vnde contumax idem est quod superbus iniuriosus repugnans contemnens sive in obediens secundum Ianuensium Lyndewode Prov. lib. 1. tit de Saera unctione Cap. cum sacri verb. contumaci See Bishop Whites Treatise of the Sabbath day pag. 99. 100. 101. 102. 103. concerning of Ecclesiasticall precepts and constitutions with the marnall notes canons his Majesties letters patents his royull prerogative a royall prerogative invested in the crowne by God himselfe acknowledged by article by statute by canon nay a royall prerogative which every one that hath taken the oath of supremacy as I have done is sworne to the utmost of his power to defend and mainetaine or am I to obey the Arch-deacons Apocryphall uncanonicall anticanonicall antidiplomaticall antiprerogative antisuprematicall postscript private letter or message contrary to all the former This question my Lord is as if a man should aske which is highest heaven or earth lightest day or night largest the circumference or center greatest the whole or a part And therefore at the very first hearing without any discourse at all even by the inbred light that is in it it may be resolved Yet seeing my adversaries do (i) But in particuler for that which first caused and now continues the losse of unity in the Churh of Christ as I make no doubt but that the pride of men is one cause so yet can I not think that pride is the adaequate and sole cause thereof But in part pride caused it pride on all sides Pride in some that would not at first nor will not since submit their private iudgements where with good conscience they may and ought and pride in others that would not first nor will yet mend manifest great and dangerous errours which withall good conscience they ought to doe But it is not Pride not to submit to knowne and grosse errours My Lords Grace of Cant. Archbishop Laud in his relation of the conference betweene his Grace and Master Fisher the Iesuite Parag. 38. Numb 24. wilfully oppose the evident truth of Gods word of the articles statutes canons of his Majesties letters patents royall prerogative and cath of supremacy which are as cleere in this my case and as easie to be discerned as the light of the sunne the heate of the fire the weight of the earth and the water of the Sea By your Lordships favour I will presume to adde light to the sunne heate to the fire weight to the earth and water to the sea and by some few texts of law endeavour to make that more cleere which is of it selfe most cleere Felinus de rescriptis cap. si quando gives this rule Subditi debent resistere praelato legem ignoranti instruendo eum multo magis legem violanti maxime vero legem conculcanti And if this rule be a good rule then the 36. 49. and 52. canons made by a provinciall synode for the lawfully authority of a Bishop over a Presbyter according to Gods word and the uniforme practise of the Christian Church for 1500. yeeres after Christ confirmed by his Majesties letters patents out of his prerogative royal are to be prefer'd before the Arch-deacons apocryphall uncanonicaIl anticanonicall antidiplomaticall antiprerogative antisuprematicall postscript private letter and message And then I have done well the Arch-deacon the defendants the Honourable Court of high Commission your Lordship this court the Barons of the Exchequer and the Lords of the counsell have all done ill Hostiensis gives this rule si quid praecipit praelatus quod canonicis obviat institutis non est obediendum sed resistendum 3. Lib. summae tit de maioritate obedientia Provinc lib. 2. tit de Appellat cap. In concilio Oxoniensi verbis statutum Huius statuti And if this rule be a good rule then c. Lyndewode gave this rule nihil potest statuere Episcopus contra canones nec inferior tollere legem superioris And if this rule be a good rule then c. * In consultationibus Martinus ab Aspilcueta Doctor Navarrus gives this rule Non est obediendum vni superiori cum superior eius contrarium praecipit And
cure saw men walke like trees Marke 8. For I can never think that eye whose so ever it be quick-sighted nor fit to be oculus Episcopi which cannot discern examination from preaching and Ordination and Institution from Visitation And so my Lord for a farwell to the Principals I leave it to your Lordship and the Court to consider whether the Commissioners were not invited by the presumption of their own strength and of my weaknesse to use the foresaid arguments which upon examination make quite against them Or whether they were not at that time like men in danger of drowning who being taught by nature to do their best to save themselves and yet being deprived of the right use of their sences do divers times seeke helpe and lay hold on things that hurt them and keepe them under water and thereby drown themselves the sooner And thus much concerning the principalls The accessories and the Defendants three Arguments I now proceed to the accessories And here my Lord seeing the Defendants have falsified the Law in the principals your Lordship and the Court are not to give credit unto them concerning the accessories seeing in the principalls they have called my obedienc to the Word of God to the Articles Statutes Canons to his Maiesties Letters Patents royall Prerogative and oath of Supreamacie which are all extant to the view of the world a breach of Canonicall obedience a principall or especiall fault a grievous and enormous crime they are not according to their own Law to be credited concerning any fact they charge me within the accessories for qui semel est malus semper praesumitur malus in eodem genere mali and qui semel veritatis verecundiae limites transilierit cum oportet esse gnaniter impudentem nec ei deinceps nisi paenitenti culpani confitenti veniam expetenti est in aliqua credendum But my Lord though according to these axioms the defendants are not to be credited in any of the accessories because they have falsified the Law in the principalls Yet I labour not to impeach their credit in all but in one only circumstance which runs through the three first accessories which is grosly and palpably false and contrary to the Records of their own Court. For whereas in the first accessorie they charge me that I came unsent for or uncall'd for to Master Arch-deacon aforesaid he being in his Visitation among the Clergie and sitting there to heare Causes and in the second accessorie that I did then and there charge the said Arch-deacon of falshood and i●justice and in the third accessorie that I did at the same time and place lay down an hundred pounds in gold upon the table and offered to lay wagers with him the said Arch-deacon that he had done me wrong or the like in effect I confesse I did these three but not at the same time and place not whil'st Master Arch-deacon sate in his Visitation to heare Causes but afterwards as will appear by these three circumstances The Visitation is alwaies kept in Saint Margarets Church in Canterburie this was in the parlour of the Checker Inne in Cant. The Visitation is alwaies begun continued and ended in the forenoone before dinner this was in the after-nooneafter dinner At the Visitation are present both Clergie and Laity the Ministers and the Churchwardens here were present the Clergie only and the Defendants themselves in their Plea mention only the Clergie the Arch-deacon say they being in his Visitation among the Clergie not amongst the Laity And it is evident by the Records of their own Court and by the testimony of their own witnesses Dr. Say and Henry Ienkins that these things were said and done in the Checker Inne in Canterburie after dinner and not in Saint Margarets Church at the Visitation And it appeares likewise by the submission enjoyned me for by their own Order that submission was to be uttered before the Clergie in the dining roome before dinner and not in Saint Margarets Church at the Visitation And beside I here make oath in truth in justice and in judgement that these three accessories were said and done not in Saint Margarets Church at the Visitation but in the parlour of the Checker Inne in Canterburie where I never yet knew any Visitation kept by Master Arch-deacon acces ∣ sorie The first And now my Lord this one circumstance being confuted what fault was it for me to come to Master Arch-deacon in the Checker Inne uncall'd for or unsent for might not I in the parlour of the Checker Inne after dinner come uncall'd or unsent for to Master Arch-deacon with whom I din'd as well as come to your Lordship and to these my honored Judges at the side-Barre in this Hall nay in this very Court uncall'd or unsent for I am sure your Persons and places are more eminent and your imployments more and weightier and yet I and some others as meane as I have come unto you and gone from you in both these places without offence accessorie The second Or did I offend in charging the said Archdeacon with falshood wrong and injustice nothing at all For I have before shewed how under the name of Canonicall obedience he would have brought in arbitrary and blinde obedience and the worst part or kind therof not that only which is uncanonicall pretercanonicall or ultracanonicall but that also which is anticanonicall or contracanonicall A thing repugnant to the Word of God to the doctrine and discipline of this orthodox Church to the Prerogative royall of the Crown and to the freedome and liberty of every free-born Subject Is not this falshood wrong and injustice I have before shewed how he hath advanced his apocryphall uncanonicall anticanonical antidiplomatical antiprerogative antisuprematicall postscript private letter and message above the Canons of this Church his Majesties Letters Patents and royall Prerogative above a royall Prerogative invested in the Crowne by God himselfe acknowledged by Article by Statute by Canon nay above a royall Prerogative which he and I by the oath of supremacy are both bound to the utmost of our power to defend and maintain and yer he hath violated it and would have made me have violated it as he hath made many others Is not this falshood wrong and injustice Yea but though it be yet peradventure I might not tell him so much Yes my Lord I was bound to tell him of it by the Word of God by the Canon Law by the law of Nature and by the oath of Supremacy The Word of God Levit 19.17 saith Thou shalt not hate thy brother in thy heart but thou shalt plainly reprove him and not suffer sin upon him So did I. The rule of the Canon Law set down by Felinus de rescriptis cap. si quando is this Subditi debent resistere pralato legem ignoranti instruendo eum multo magis legem violanti maxime vero legem conculcanti So did I. The law of Nature bindes