of this Realm and to continue to exercise its power in the Spiritual Courts as before according to the Laws and Customs of the Land Read the Statute and you will not only see a continuance of the Spiritual Courts supposed and allow'd but special directions touching proceedings and Appeals therein SECT II. IF King Hen. 8. did take away the Ecclesiastical Authority of the Church of England he did either remove the Officers or deny their power to make Canons or destroy their Courts and the exercise of their Jurisdiction but he did do neither but rather by Acts of Parliament establish'd them all I. For the first touching the Governours of the Church consult Statute 31 Hen. 8. 3. that it may be Enacted by the Authority of this present Parliament that all Archbishops and Bishops of this Realm may by Authority of this present Parliament and not by any provision or other foreign Authority enjoy and retain their Archbishopricks and Bishopricks in as large and ample manner as if they had been promoted elected confirmed and Consecrated according to the due course of the Laws of this Realm And that every Archbishop and Bishop of this Realm may minister use and exercise all and every thing and things pertaining to the Office or Order of any Archbishop or Bishop with all Tokens Ensigns and Ceremonies thereunto lawfully belonging Further that all Ecclesiastical persons of the Kings Realm all Archdeacons Deans and other having Offices may by Authority of this Act and not c. administer use and exercise all things appertaining to their Dignities and Offices so it be not expresly against the Laws of God and this Realm II. Neither did King Hen. 8. take away the power of the Bishops and others to make Canons in Convocation as appears by the Statute of the 25 of Hen. 8. 19. In that Statute among other things upon the Petition of the Clergy two things are granted to our purpose touching Ecclesiastical Canons 1. The old ones 't is provided that such Canons being already made which be not contrariant nor repugnant to the Laws Statutes and Customs of this Realm nor to the damage of the Kings prerogative Royal shall now be used and exercised as they were before the making of this Act till such time as they be viewed by the said Thirty two persons according to the Tenor of this Act which was never done therefore such old Canons are yet of force by this Act. Vid. Sect. 6. 2. For the making of new Canons the Convocation hath power reserved by this same Act provided the Convocation be called by the Kings Writ and that they have the Royal assent and licence to make promulgate and execute such Canons as you may read Sect. 1. of the said Statute Indeed the Convocation used a larger power in making Canons before as is there noted which they say they will not henceforth presume to do but it therefore follows that they may still use their power so limited and derived from the Crown which is the evident intention of the Act. For by restraining the Clergy thus to proceed in making Canons the Law allows them the power so to do and by making the exceptions and limitations confirms their Authority so far as it is not excepted against III. Neither lastly did King Hen. 8. take away the ordinary Jurisdiction of Ecclesiastical Governours as exercised in the Spiritual Courts according to the Laws and Canons of this Church but indeed establish'd them by Acts of Parliament as is plainly to be seen in the 37 Hen. 8. c. 16. Sect. 4. in these words May it therefore please your Highness that it may be Enacted that all singular persons which shall be made deputed to be any Chancellor Vicar-general Commissary Official Scribe or Register by your Majesty or any of your Heirs or Successors or by any Archbishop Bishop Archdeacon or other person whatsoever having Authority under your Majesty your Heirs and Successors to make any Chancellor Vicar-general Commissary Official or Register may lawfully execute all manner of Jurisdiction commonly called Ecclesiastical Jurisdiction and all Censures and Coercions appertaining unto the same c. 2. 'T is acknowledged that in the Sect. 2. of this Statute it seems as if the Parliament concluded that by the 25 of Hen. 8. 19. the ancient Canons were abrogated which I wonder Mr. Hickeringill his sagacity had not discovered yet 't is plain enough that wise Parliament did not thereby reflect upon or intend all the Canons but such Canons as the present matter before them was concerned in that is such Canons as forbad Ecclesiastical Officers to marry as the words Sect. 1. are that no Lay or married man should or might exercise any Ecclesiastical Jurisdiction c. directly repugnant to your Majesty 's as Supream Head your Grace being a Lay-man then it follows in the next words And albeit the said Decrees viz. being contrary to the Royal prerogative as supream Head of the Church be in the 25 year of your most Noble Reign utterly abolished That this is the meaning of that clause is reasonable to believe because they take no further care to correct the matter but only by enacting persons lawfully deputed though they be Lay persons though married or unmarried shall have power and may exercise Ecclesiastical Jurisdiction notwithstanding any Law or Constitution to the contrary as the Statute is concluded 3. Besides we are assured that all the ancient Canons that were not repugnant to the Kings Prerogative or the Laws and Customs of this Realm were not abrogated but declared to be of force i. e. to be executed in the Spiritual Courts as was noted in the very letter of that Statute 25 Hen. 8. 19. and that this clause speaking only of such Canons as were abrogated by that Statute abrogates nothing that was not so by the Act referred to 4. And thus the Jurisdiction and Canons of the Church stood in force at the latter end of the Reign of Hen. 8. this Statute being made in the last year wherein any were made by that great Prince 5. Thus we have found in the time of King Hen. 8. an Ecclesiastical Jurisdiction exercis'd in England without any dependance on the Pope and other Authority for Canon-makers Synodical as Mr. Hickeringill cants besides the Statute for the High Commission 1 Eliz. upon which Statute of Eliz. Mr. Hickeringill very learnedly asserts the Authority of all Canon-makers Synodical was built qu. Naked Truth SECT III. NO more is needful under this Head but to shew my respect to Mr. Hickeringill his doughty and only Argument taken out of the Petition of the Clergy to Queen Mary whereby he would fain prove that the extinguishing Act of Hen. 8. took away all ordinary Jurisdiction from the Church of England and that there was no such thing till she revived it 2. The words of the Petition from whence he thus argues you shall have in his own Translation in this manner they pray that her Majesty would make
those Courts to give Remedy in those Cases Thus stood Ecclesiastical Jurisdiction in England by Common Law before our Statutes took so much notice of it and our Statutes since whenever they mention it do generally mention it as a Government supposed upon grounds good and firm in Law to have existed before and also then to be in use and to flourish in its present exercise and proceedings in its proper course and Courts 'T is as idle a thing to look in the Statute-books for the beginning of Ecclesiastical Power and its Courts as for the Beginning of Courts-Baron which are such by Common Law as Coke saith or the Court of Marshalsea which as Coke's words are hath its foundation in Common Law or Courts of Copyholders which are such by Custom And for the same reason to question the lawfulness of these Courts because in their original they were not Established by Act of Parliament as well as the legality of the Courts Spiritual these being equally founded in the Ancient usage Custom and Law of England and all taken care for in Magna Charta that ancient Authentick account of our Common Law And why are Ecclesiastical Judges I mean not Bishops only whom Mr. Hickeringill finds in Scripture but Archdeacons Chancellors Officials c. as well Establish'd in their proper power as Coroners High-Constables c. that have the Origine of their Offices before Statutes Have not Ecclesiastical Officers when lawfully invested power as well as they to Act in their proper Jurisdictions by the same Common Law by long ancient and establisht Custom or as the usual word in our Statutes in this very Case is secundum Consuetudines Leges Angliae My Lord Coke saith The Kings Prerogative is a principal part of the Common Law which also flourisheth in this part of it the Ecclesiastical Power and Jurisdiction as well as in the Civil State and Government Thus we acknowledge the Ecclesiastical State and External and Coercive Jurisdiction derives from and depends upon the Crown of England by Common Law And I am bold to add that the former cannot easily be Abolish'd and destroy'd I do not say altered without threatning the latter I mean the Crown at least some prejudice to it on which it depends Thus Ecclesiastical Jurisdiction stands by Common Law on which also most of our Civil Rights depend but we confess it is bounded as my Lord Coke by the same Common Law and in all reason it must be so it being subordinate to the King as Supream who is supposed to be personally or virtually present in his great Courts of Common Law and is so declared to be by Acts of Parliament Instit p. 1. pag. 344. of my Lord Coke SECT II. The Government Ecclesiastical is Established in the Statutes of this Realm THE Ecclesiastical Jurisdiction being thus found Establisht by Law before the Statute-books were made the Statutes do Establish it as much as any reasonable unprejudic'd man can expect or desire We shall begin with Magna Charta which is Statute as well as Common Law and seems to unite and tye them together This stands at the beginning of our Statute-book and the first thing in this is a grant and establishment for ever of the Rights and Liberties of the Church that must be understood of the Rights and Liberties then in being and among the rest sure the great Right and Liberty of the Churches Power and the free use of her Ecclesiastical Jurisdiction Magna Charta it self expounds what it means by holy Church i. e. the Bishops and Ministers of it which King Hen. 8. in the Statute saith is commonly called the Spiritualty and Mr. HIckeringill for all his scoffing knows that the Church of England allows a larger sence of the word Church viz. the Congregation of all faithful men c. And when we call the Clergie or the Governing-part of the Church the Church we use it in a Law-sence and as a term of Law as Acts of Parliament as well as the Civil or canon-Canon-Law do But this by the way 2. When the subsequent Acts of Parliament do so frequently mention the Spiritual Courts and their Jurisdiction this to me is a legal allowance of them and indeed a Tacit or implicit acknowledgment of their more ancient antecedent Power and Common right and liberty by the undoubted Custom i. e. the Common Laws of the Land Yea those very Statutes that look at least obliquely upon them that say they are bounded by the Common Law that do of themselves limit and prohibit the Ecclesiastical Courts in some cases seem plainly to acknowledge them in other cases not excepted from their Jurisdiction But 3. More plainly and directly those Acts of Parliament that appear in the behalf of Ecclesiastical Jurisdiction in times of its trial and danger and vindicate its Rights and preserve and maintain its Liberties when most in question there have hapned such occasions wherein the Statutes have rescued and replevied the Ecclesiastical Power in all which the Statutes have been thus favourable to it three of late not to mention many formerly 1. Thus when some might imagine that by the alteration made by King Hen. 8. the Bishops and their Power was shaken the Statutes made in his time assure us that it was but to restore the ancient Jurisdiction and not to destroy it that Bishops should be elected and act as formerly especially as Coke noteth by the 25 Hen. 8. c. 20. it is Enacted That every person chosen invested Consecrated Archbishop or Bishop according to this Act shall do and execute every thing and things as any Archbishop or Bishop of this Realm without offending of the Prerogative Royal of the Crown and the Laws and Customs of the Realm at any time heretofore have done Note that this Statute contrary to the 1 Edw. 6. 2. was revived by Queen Eliz. 1. cap. 1. which the Judges thought and judged a full answer to all the Objections against the Churches proceedings contrary to the 1 Edw. 6. 2. and by this very Statute 1 Edw. 6. 2. stands clearly repealed as my Lord Coke observes Rep. 12. 8 9. which caused me to make choice of it for my present purpose 2. The second is observed in the time of Phil. and Mar. when the manner of Ecclesiastical Jurisdiction had been altered by the 1 Edw. 6. the Statute establisheth the same as it was before in these words And the Ecclesiastical Jurisdictions of the Archbishops Bishops and other Ordinaries to be in the same estate for Processe of Suits punishment of crimes and execution of Censures of the Church and knowledge of causes belonging to the same and as large in those points as the said Jurisdiction was the 20 Hen. 8. which Statute of Phil. and Mar. repealed the 1 Edw. 6. 2. and was never repealed since as the Judges resolved in the foresaid Case 4 Jac. but evidently revived by 1 Eliz. 1. Sect. 13. 3. When thirdly the long Parl. 17 Car. 1. had disabled the
Jurisdiction of the Courts Ecclesiastical it was very carefully restored and established by the Stat. 13. Car. 2. in these words Neither this Act shall take away any ordinary Jurisdiction from the said Archbishops c. but that they and every of them may proceed in all manner of Ecclesiastical Jurisdiction and in all Censures and Coercions belonging to the same as they did and might lawfully have done before the making of the said Act. Vid. 17 Car. 1. 4. 'T is sufficient yet I cannot but subjoyn one notable way more Argumentative enough alone by it self to prove the Ecclesiastical Courts to be allow'd and confirm'd by Statute viz. when the Statutes direct such particulars to be tried in these Courts and require these Spiritual Courts to use their power for the punishment of offenders and the doing Justice And I think there cannot be a better medium or clearer evidence than we have in this matter For if the Spiritual Courts have no power to try such matters and pass Judgment and punish in such cases why do the Statutes direct and remit such matters to them and why do the Statutes enjoyn them to take Connusance and proceed accordingly that so they do is plain In the 18 of Edw. 3. 6. 't is said that Processe in Causes Testamentary notoriously appertaineth to holy Church We must not blemish the Franchize of Holy Church And in the 18 of Edw. 3. 6. parties are to be dismissed from Secular Judges in Cause of Tithes and left to the Church Ordinaries have power to punish Ministers and Priests as in 1 Hen. 7. c. 4. Synodals Proxies Pensions c. are to be recovered in the Spiritual Courts Vid. 15 Hen. 8. c. 7. Sect. 7. The like is known touching Causes Matrimonial and Defamations c. I shall only instance one more viz. in the great Cause of Non-Conformity and that in an Act that is nearer to us and of unquestionable Authority which both directs what we should punish and most solemnly requires by its own Authority to exercise our Ecclesiastical Power by the very rules and proper methods of our Spiritual Courts in these words 1 Eliz. before the Common Prayer Provided always and be it Ordained and Enacted by the Authority aforesaid That all and singular Archbishops and Bishops and every of their Chancellors Commissaries Archdeacons and other Ordinaries having any peculiar Ecclesiastical Jurisdiction shall have full power and Authority by vertue of this Act as well to enquire in their Visitatiions Synods and elsewhere within their Jurisdiction at any other time or place to take accusation and informations of all and every the things above mentioned done committed or perpetrated within the limits of their Jurisdictions and Authority as to punish the same by Admonition Excommunication Sequestration or Deprivation and other Censures and Processe in like form as heretofore hath been used in like cases by the Queens Ecclesiastical Laws This doubtless is very plain And hereupon 't is solemnly required in these words a little-before For the due execution hereof they do in Gods name earnestly require and charge all Archbishops Bishops and other Ordinaries that they shall endeavour themselves to the utmost of their knowledges that the due and true execution hereof may be had throughout their Dioceses and Charges as they will answer before God for such evils and plagues whereby Almighty God may justly punish his people for neglecting this good and wholsom Law Now if in like cases it had not been lawful before this Act for the Spiritual Courts so to proceed why are the former Laws and use to be followed by these directions Or if this Act cannot impower us give us reason or Law against it Or if any thing be a greater grievance to you in the Spiritual Courts than the punishment provided for the crimes mentioned in this Act say what it is or say nothing But if these cases be not sufficient Mr. Cary can tell you of at least ten particular matters upon which the Law is to grant the Writ de Excommunicato capiendo and according to a know Act of Parliament made after this viz. 5 Eliz. 23. which sufficiently allows and confirms our Ecclesiastical proceedings to the fences of too many as some complain CHAP. VII Of Canons and Convocations WE see what Reason Mr. Hickeringill had to keep such a pother about the force of Ecclesiastical Canons and the Authority of Convocations Especially 1. Seeing the late mentioned Act of 1 Eliz. supposeth the Ecclesiastical Laws i. e. the Canons to be her own Laws and requires Ecclesiastical Judges so severely to put them in execution 2. Seeing since the Reformation most of the matters of Canons are expressed and enjoyned in Acts of Parliament insomuch that Ecclesiastical Jurisdiction might stand and proceed well enough had we no other Canon but Acts of Parliament as Mr. Hickeringill insinuates and 't is worthy his observation that the greatest complaints of Dissenters since the Kings happy return have been upon the execution of Acts of Parliament and that not so much by Ecclesiastical as Civil Ministers Indeed the Statute of Car. 2. that restored the Ecclesiastical Jurisdiction hath a Proviso That by vertue of that Act the Canons of 1640. shall not be of force and that no Canons are made of force by that Act that were not formerly confirm'd by Acts of Parliament or by the establish'd Laws of the Land as they stood in Ann. 1639. But 't is evident enough that by the 25 Hen. 8. c. 19. the old Canons not against Law or Prerogative are of force and that the King with the Convocation may make new ones with the same Condition and indeed while the Convocation is so limited by that Act their power seems not very formidable My Lord Coke who was not a Bigot for Spiritual Power declares the Law in both those Cases and tells us That it was resolved by the Judges at a Committee of Lords these restraints of the Convocation were grounded on that Statute 1. They cannot Assemble without the assent of the King 2. They cannot Constitute any Canons without his licence 3. Nor execute them without his Royal assent 4. Nor after his assent but with these four limitations 1. That they be not against the Kings Prerogative 2. Nor against Common Law 3. Nor against Statute Law 4. Nor against any Custom of the Kingdom Rep. 12. p. 720. And my Lord Coke adds That these restraints put upon the Convocation by the 25 Hen. 8. are but an affirmance of what was before the Statute and as he saith in his book of Courts are but declaratory of the old Common Law Pag. 323. consequently the Courts of Common Law are to bound and over-rule all Ecclesiastical executions of Canons and secure the Crown and the Laws against them But what Acts of Parliament have abrogated the Authority of the Synod 1603. and quite annihilated the very beings of Convocations I am yet to learn though Mr. Hickeringill so boldly after his own
the point though against the hair for though he toll on his weak and prejudic'd readers to their great hazard in putting their whole case upon this one point whether the Court can shew the broad Seal c. yet when he comes home to the matter he tells them that the aforesaid Statute of Edw. 6. not being mentioned by King James's Act of repeal and expresly revived is thought not to be of force so that a citation in the Bishops own name may at this day be good in Law Law of Engl. c. 2. p. 12. Mr. Hickeringill should have taken the advice of this his friend a great Lawyer certainly that entitles his minute and thin piece the Law of England SECT III. Mr. CARY indeed mistakes the Statute for it is the first of King James 25. not the fourth yet we have his learned opinion that Citations in the Bishops own name may at this day be good in Law and for ought I know his reason for it may be good too viz. because the Statute of Queen Mary especially that of the first and second of Phil. and Mar. c. 8. is not in the said Act of repeal expresly revived according to the express words of the Act vid. 1 Eliz. sect 13. But O Mr. Cary though we have here your opinion and your reason where was your Conscience where was your kindness to your beloved dissenting Clients when you dared to betray them to the Devil and the Gaoler to speak in Mr. Hickeringill's language a far heavier sentence than Curse ye Meroz and that upon no other ground that I can find in your English Law but this Statute only which yet for the reason aforesaid you say is thought not to be of force and though you say the Bishops may at this day send forth Citations in their own names by Law yet your grave advice to those friends is this When you are Cited appear and demand whether they have any Patent from the King for the same and under his great Seal or no if they will not shew you by what Authority protest against their proceedings and go your way i. e. the way of disobedience contempt the way to the Gaol and the Devil but that 's no matter he hath shewed his spite to Ecclesiastical Authority against his own Law and Conscience he was not to satisfie a doubt but a lust and his confidence is as able to secure the deluded people from the danger of contempt of the Kings Ecclesiastical Courts as his wise Notion of Magna Charta c. 14. from paying their Tithes See this point excellently and fully argued on both sides and the Judges c. Opinion and Reasons silencing this Objection in King James's time Coke Rep. 12. p. 7 8 9. SECT IV. 1 Edw. 6. 2. repeal'd appears from practice II. A further Argument that the Stat. 1 Edw. 6. 2. is repeal'd is taken from the uninterrupted practice both of the Ecclesiastical Jurisdiction and the Kings of England and their own immediate Courts contrary to it and I think it is a rule in Law that in doubtful cases Lex currit cum praxi 1. The Ecclesiastical Judges have ever since the Repealing Act of Queen Mary before and since the Statute of Queen Eliz. and King James called Statutes of repeal uncontroulably proceeded in their own names and not expresly in the name or stile of the King let one instance be shewn to the contrary then who can imagine without a fancy possest that the Crown and States of the Realm should intend so great an alteration in the Ecclesiastical government and that in the behalf of the supremacy and for the Rights of the Crown as is pretended by reviving that Act of 1 Edw. 6 and yet neither then not even since expect a conformity to and observance of it Were Queen Eliz. and King James so easie and careless of their Crowns as this would make them were all the Bishops who were concerned in making those Acts of Repeal and all Ecclesiastical Judges ever since so dull and stupid as not to know the force of those Acts not to mind either their duty or their safety in so great and hazardous a point as some would have it of a praemunire or so fool-hardy as to bear against the Crown it self on which alone they know they depend against plain Acts of Parliament in the midst of froward and watching enemies on every side them who can think it I must conclude that if it be possible that the Act of Queen Mary should be repeal'd in this point either by Queen Eliz. or King James 't is more than ever the Law-makers themselves thought of understood or intended 2. For secondly the practice of the Crown that was in the first place highly concern'd in that Stat. 1 Edw. 6. 2. hath been ever since the Act of Queen Mary that repeal'd it directly contrary to it and in a very great point or flower of the supremacy manag'd it self ever since just as it did before that Act of Edw. 6. and as I said directly contrary to it therefore 't is past all doubt but that the sence of the Queen and Kings of England and the sence of those great Lawyers and States-men that direct the Crown in such great affairs is evident that the Statute of Edw. 6. stands repealed and is not revived for in that Stat. 1 Edw. 6. 2. 't is expresly enacted that whereas elections of Bishops by Deans and Chapters upon a Writ of Congee d'eslire seeming derogatory and prejudicial to the Kings prerogative Royal for a due reformation thereof be it enacted that from henceforth no such Congee d'eslire be granted not election made but c. yet ever since Congee d'eslires have been granted and such elections thereupon have been returned and accepted 3. The Kings immediate Courts so far as they have been concerned with Jurisdiction of the Church and the Kings Civil Judges therein have ever since own'd and as occasion hath required ratified fortified and made effectual all our Ecclesiastical proceedings ever since though not acted in the Kings name contrary to the said Statute though 't is a great part of their places and offices to secure the Prerogative against all Invasion especially of the Church thus by their constant practice it appears that they never understood that Statute of Edw. 6. to be in force since Queen Mary repealed it Was the whole Kingdom so long and in so deep a sleep to be awakened by such impertinent and little barkings SECT V. 1 Edw. 6. 2. Repealed in the Judgment of all the Judges the King and Council THE objection from the 1 Edw. 6. is no new light of Mr. Hickeringill's we find it busie in the time of King Charles the first Anno 1637. and by the Kings Proclamation it seems it had troubled the Kingdom before as indeed it had in the Fourth of King James In that year 1637. upon an order out of the Star-chamber the learned Judges were commanded to give their
Land and not from the Pope Again they all take the Oaths of Supremacy and Allegiance before their Instalment which are the fence of the Crown against Popery And then in all their publick Prayers before their Sermons the Bishops and Archdeacons c. do Recognize the Kings Supremacy in all Ecclesiastical things and causes as well as Civil Again they Take the late Test and the same Oaths at the publick Sessions And lastly Mr. Cary himself confesseth that they acknowledge the said Supremacy in their publick Canons or Constitutions of the whole Church of England as he notes p. 2. in Can. 1 2 1603. And are all these less significant to testifie their dependance on and acknowledgement of their derivation from the Crown than the Kings Name and Stile and Arms which may be far enough from the Conscience in a Processe 2. For the second that there is not the same reason to use the Kings name in Ecclesiastical as in Civil Courts is apparent from the true cause of using it in the Civil Courts which being not known or well heeded may be the cause of the exception for Bishop Sanderson hath well observed the true reason of using the Kings name in any Court is not thereby to acknowledge the Emanation of the power or Jurisdiction of that Court from or the subordination of that power unto the Kings power or Authority as the objector seems to suppose but rather to shew the same Court to be one of the Kings own immediate Courts wherein the King himself is supposed in the construction of the Law either by his personal or virtual power to be present and the not using the Kings name in other Courts doth not signifie that they do not Act by the Kings Authority but only that the Judges in them are no immediate representatives of the Kings person nor have consequently any allowance from him to use his Name in the execution of them 1. This difference is evident among the Common Law Courts of this Kingdom for though all the immediate Courts of the King do act expresly in his Name yet many other more distant Courts do not as all Courts-Baron Customary-Courts of Copyholders c. and such Courts as are held by the Kings grant by Charter to Corporations and the Universities in all which Summons are issued out and Judgments given and all Acts and proceedings made and done in the name of such persons as have chief Authority in the said Courts and not in the Name of the King thus their stiles run A. B. Major Civitatis Exon N. M. Cancellarius Vniversitatis Oxon. and the like and not Carolus Dei gratia 2. Once more a little nearer to our case there are other Courts that are guided by the Civil as distinguish'd from the Common Law as the Court-Marshal and the Court of Admiralty the Kings Name in these is no more used than it is in the Courts Spiritual but all Processes Sentences and Acts in these Courts are in the Name of the Constable Head Marshal or Admiral and not in the Kings Name 3. I shall conclude this with those grave and weighty words of the same most admirable Bishop Sanderson in his excellent Treatise shewing that Episcopacy as Established by Law in England is not prejudicial to Regal Power worthy of every Englishman's reading his words to our purpose are these Which manner of proceeding like that of the Spiritual Courts constantly used in those several Courts before mentioned sith no man hath hitherto been found to interpret as any diminution at all or disacknowledgment of the Kings Soveraignty over the said Courts it were not possible the same manner of proceeding in the Ecclesiastical Courts should be so confidently charged with so hainous a crime did not the intervention of some wicked lust or other prevail with men of corrupt minds to become partial judges of evil thoughts p. 68 69. Mr. Hickeringill is one of those whom the Bishop describes i. e. that so confidently chargeth the Ecclesiastical Courts with that hainous crime and foundeth that confidence in the Statute of the 1 Eliz. 1. In charity to him I shall give him such words out of that Statute as do not only secure the Act of Queen Mary that repealed the Act of 1 Edw. 6. 2. requiring the use of the Kings Name in our proceedings from repeal in that particular but directly and expresly ratifies and confirms the same and our contrary proceedings accordingly So that our proceedings in the Ecclesiastical Courts without using the Kings Name or Stile or Arms according to 1 Edw. 6. 2. are allow'd and established by this very Act of Queen Eliz. thus Further Enacted by the Authority aforesaid that all other Laws and branches of any Act repealed by the said Act of repeal of Mar. and not in this Act specially mention'd and revived shall stand and be repealed in such manner and form as they were before the making of this Act any thing herein contained to the contrary notwithstanding 1 Eliz. 1. 13. but the Act of 2 Phil. and Mar. was not specially mentioned in this Act of Repeal nor any other And the Learned Judges in 4 Jac. observe that this Act of 1 Eliz. revives an Act of Hen. 8. repealed by Queen Mary and in both these Statutes 1 Edw. 6. 2. is made void and the present proceeding of Spiritual Courts without the Kings Name c. plainly confirm'd but vid. Coke Rep. 12. p. 7. CHAP. V. The Act of 1 Eliz. 1. Establishing the High-Commission Court was not the foundation of ordinary Ecclesiastical Jurisdiction in England against Mr. Hickeringill THE worthy Gentleman though he useth much Modesty and will not peremptorily assert and hath only fitted the matter for the consideration of wiser men if he can think there be any such reasons wonderfully after this new and unheard of manner or to this purpose if at all The Statute of Eliz. for the High-Commission Court was the only Basis of all Ecclesiastical power this continued indeed during her time and King James's but being repealed by 17 Car. 1. 11. and 13 Car. 2. 12. down came the Fabrick their great foundation thus torn up now they have neither power from God nor man nor ever shall for his Majesty hath by Statute Enacted never to empower them with any more Commissions to the worlds end Now their basis is taken away I cannot discern where their Authority lies Nak T. q. 1. p. 4 5 6. This is the Spirit of his Reason which he confesseth is not infallible for he saith as before he doth not peremptorily assert it But can a man have the face to write this first and then to say he is not peremptory Would a man in his wits expose himself in this manner in Print and blunder out so much prejudice envy spite and wrath against Government and talk such pitiful unadvised stuff about Law and think to shake the Fabrick of Ecclesiastical Jurisdiction that hath stood firm so long in the midst of all
and had Power by the Law of the Land to try such Causes as were not to be tried by Common Law so declared and Establish'd by Acts of Parliament Vid. in the time of Edw. 1. and Edw. 2. near four Hundred years since Circumspecte agatis 13 Edw. 1. An. 1285. The King to his Judges sendeth greeting Use your selves circumspectly in all matters concerning the Bishop of Norwich and his Clergy not punishing them if they hold Plea in things as be meer Spiritual as Penance enjoyned by Prelates Corporal or Pecuniary for Fornication Adultery or such like for Tithes and Oblations due and accustomed Reparations of the Church and Church-yard Mortuaries Pensions laying violent hands upon a Clerk Causes of Defamation Perjury All such demands are to be made in the Spiritual Courts and the Spiritual Judge shall have power to take knowledge of them notwithstanding the Kings Prohibition III. Hereupon a Consultation was to be granted 24 Edw. 1. as followeth Whereas Ecclesiastical Judges have often surceased to proceed by force of the Kings Writ of Prohibition in Cases whereas Remedy could not be had in the Kings Courts our Lord the King Willeth and Commandeth That where Ecclesiastical Judges do surcease in the aforesaid Cases by the Kings Prohibition that the Chancellor or the Chief Justice upon sight of the Libel at the instance of the Plaintiff if they can see that the Case cannot be redressed by Writ out of Chancery but that the Spiritual Court ought to determine the Matters shall write to the Ecclesiastical Judge that he proceed therein notwithstanding the Kings Prohibition More particularly Those Cases reserved by Law and Statute against which no Prohibition can be legally granted are enumerated in Articul Cleri 9 Edw. 2. IV. Thus the proceedings of the Spiritual Courts and the Causes belonging to them were supposed directed allowed and Establish'd by these Ancient Statutes And lest those Causes have not been sufficiently specified no Prohibition shall be awarded out of Chancery but in Case where we have the connusance and of Right ought to have as it is in the 18 of Edw. 3. provided Whence 't is a general Rule both in Law and Statute That such cases as have no remedy provided in the other Law belong to the Spiritual Courts and indeed it hence appears they have ever done so because we no where find in our Laws that the Common Law did ever provide for them and because the Kingdom of England is an intire Empire where the King is furnish'd with a Temporalty and Spiritualty sufficient to administer Justice to all persons and in all Causes whatsoever And consequently what Causes are not in the connusance of the Common Law belong to the Spiritual Jurisdiction which is plainly implied in 24 Hen. 8. c. 12. and other Statutes Upon the same ground in Law depend three great truths 1. The Antiquity of Ecclesiastical Courts 2. Their dependance upon the Crown 3. The perfection of the Government to administer Justice in all cases to all persons from the Supream Power exercised in the Temporal and Spiritual Courts all which lie in the Preamble of that Statute according to our Ancient Laws For saith my Lord Coke in the conclusion of Cawdries Case it hath appeared as well by the ancient Common Laws of this Realm by the Resolution of the Judges and Sages of the Laws of England in all succession of Ages as by Authority of many Acts of Parliament ancient and of latter times That the Kingdom of England is an absolute Monarchy and that the King is the only Supream Governour as well over Ecclesiastical persons and in Ecclesiastical Causes as Temporal To the due observation of which Laws both the King and the Subject are sworn V. IF you desire a more full and particular account of such Cases as being not provided for at Common Law are therefore and have been ever under the Spiritual power take this excellent Enumeration of my Lord Cawdries Case Coke Observe good Reader seeing that the determination of Heresies Schisms and Errors in Religion Ordering Examination Admission Institution and Deprivation of men of the Church which do concern God's true Religion and Service of right of Matrimony Divorces and general Bastardy whereupon depend the strength of mens Descents and Inheritances of Probate of Testaments and Letters of Administration without which no debt or duty due to any dead man can be recovered by the Common Law Mortuaries Pensions Procurations Reparations of Churches Simony Incest Adultery Fornication and Incontinency and some others doth not belong to the Common Law how necessary it was for administration of Justice that his Majestie 's Progenitors Kings of this Realm did by publick Authority authorize Ecclesiastical Courts under them to determine those great and important Causes Ecclesiastical exempted from the Jurisdiction of the Common Law by the Kings Laws Ecclesiastical which was done originally for two causes 1. That Justice should be administred under the Kings of this Realm within their own Kingdom to all their Subjects and in all causes 2. That the Kings of England should be furnished upon all occasions either foreign or domestical with Learned Professors as well of the Ecclesiastical as Temporal Laws VI. Ecclesiastical Laws are the Kings Laws though Processe be not in the Kings Name Now albeit the proceedings and Processe of the Ecclesiastical Courts be in the Name Coke Cawdr Case latter end of the Bishops c. it followeth not therefore that either the Court is not the Kings or the Law whereby they proceed is not the King's Law For taking one example for many every Leet or View of Frank-pledge holden by a Subject is kept in the Lords Name and yet it is the Kings Court and all the proceedings therein are directed by the Kings Laws VII Spiritual Causes secured from Prohibitions notwithstanding by Acts of Parliament Lord Coke Cawdries Case in Edw. 2. Albeit by the Ordinance of Circumspecte agatis made in the 13 year of Edw. 1. and N. B. by general allowance and usage the Ecclesiastical Court held Plea of Tithes Obventions Oblations Mortuaries Redemptions of Penance laying of violent hands upon a Clerk Defamations c. yet did not the Clergie think themselves assured nor quiet from Prohibitions purchased by Subjects until that King Edw. the Second by his Letters Patents under the Great Seal in and by consent of Parliament upon the Petitions of the Clergie had granted unto them to have Jurisdiction in those Cases The King in a Parliament holden in the Ninth year of his Reign after particular Answers made to their Petitions concerning the matters abovesaid doth grant and give his Royal assent in these words We desiring as much of right as we may to provide for the state of the Church of England and the tranquillity and quiet of the Prelates of the said Clergie to the honour of God and the amendment of the state of the said Church and of the Prelates and Clergie ratifying and approving all and singular the said
Answers which appear in the said Act and all and singular things in the said Answers contained We do for Vs and Our Heirs grant and command that the said be inviolably kept for ever willing and granting for Vs and Our Heirs that the said Prelates and Clergie and their Successors for ever do exercise Ecclesiastical Jurisdiction in the Premises according to the tenour of the said Answer VIII The Ecclesiastical Jurisdiction is a branch of the Kings Supremacy and he that denieth it denieth the King to be a compleat Monarch and Head of the whole intire body of Cawdries Case the Realm as my Lord Coke assures us both from the Common Law and many Statutes in all Ages made on purpose from time to time to vindicate the Crown and secure our own Church and its Jurisdiction under the Crown from the Pope and his illegal Encroachments and Vsurpations before and more especially by Hen. 8. and since the Reformation as is very amply proved by my Lord Coke in his most excellent discourse on Cawdrie's Case and since very learnedly and fully by Sir John Davis Atturny General in Ireland in his Case of Praemunire called Lalor's Case both which should be well read by all that desire satisfaction in this weighty point Thus the Jurisdiction of this Church in subordination to the Supream Head of it hath proceeded through all time in the Laws and Statutes of our own Kingdom and was never legally interrupted till the 17 of Car. 1. but that Act repeal'd by the 13 of our present gracious King it stands firm again according to the letter of the said last Act upon its ancient legal Basis IX The old Objection that the Spiritual Courts do not Act in the Kings Name c. is fully Answered in the Book but because it is only mentioned there that the Case was resolved by the Judges in King James's time I shall here set it L. Coke Rep. 12. p. 7. down as abridg'd for brevity out of my Lord Coke by Manly Pasch 4 Jac. Regis At this Parliament it was strongly urg'd at a grand Committee of the Lords and Commons in the Painted Chamber that such Bishops as were made after the first day of the Session were not lawful Bishops 1. Admitting them Bishops yet the Manner and Form of their Seals Stiles Processe and proceedings in their Ecclesiastical Courts were not consonant to Law because by the Stat. 1 Edw. 6. 2. it is provided tht thenceforth Bishops should not be Elective but Donative by Letters Patents of the King and for that at this day all Bishops were made by Election not Donation of the King therefore the said Bishops are not lawful 2. By the same Act it is provided that all Summons c. and Processe in Ecclesiastical Courts shall be made in the Kings Name and Stile and their Seals engraven with the Kings Arms and Certificates made in the Kings Name it was therefore concluded that the said Statute being still in force by consequence all the Bishops made after the Act of 1 Jac. were not lawful Bishops and the proceedings being in the Name of the Bishop makes them unlawful quia non observata forma infertur adnullatio Actus Upon consideration of these Objections by the Kings Commandment it was Resolved by Popham Chief Justice of England and Coke Atturny of the King and after affirmed by the Chief Baron and the other Justices attendant to the Parliament that the said Act of 1 Edw. 6. 2. is not now in force being Repealed Annulled and Annihilated by three several Acts of Parliament any whereof being in force it makes that Act of 1 Edw. 6. that it cannot stand quia Leges posteriores priores contrarias abrogant And by the Act of the 25 Hen. 8. c. 20. is set forth the manner of Election and Consecration of Archbishops and Bishops and also for the making and Execution of all things which belong to their Authority with which words the Stile and Seal of their Courts and the manner of their proceedings are included which Act of 25 Hen. 8. is Revived by 1 Eliz. c. 1. and consequently that of 1 Edw. 6. c. 2. is Repealed I advise the Reader to see it as more at large expressed and the repealing Statutes particularly mentioned and argued in my Lord Coke 12 Rep. p. 7 8 9. and bid him farewel and not be wiser than the Law FINIS A Catalogue of some Books lately Printed for Richard Royston ROma Ruit The Pillars of Rome broken wherein all the several Pleas for the Pope's Authority in England with all the Material Defences of them as they have been urged by Romanists from the beginning of our Reformation to this day are Revised and Answered By Fr. Fullwood D. D. Archdeacon of Totnes in Devon The New Distemper Or the Dissenters Usual Pleas for Comprehension Toleration and the Renouncing the Covenant Consider'd and Discuss'd with some Reflections upon Mr. Baxter's and Mr. Alsop's late Pamphlets published in Answer to the Reverend Dean of S. Paul's Sermon concerning Separation The Lively Picture of Lewis du Moulin drawn by an incomparable Hand Together with his Last Words Being his Retractation of all the Personal Reflections he had made on the Divines of the Church of England in several Books of his Signed by himself on the Fifth and the Seventeenth of October 1680. Christ's Counsel to his Church In Two Sermons preached at the two last Fasts By S. Patrick Dean of Peterburgh and Chaplain in Ordinary to his Majesty THE END
a long Epistle the truth is I thought my self accountable to your Lordship for a Brief of the Book that took its being from your Lordship's Encouragement and the rather because it seems unmannerly to expect that your good Old Age should perplex it self with Controversie which the Good God continue long and happy to the honour of his Church on Earth and then crown with the Glory of Heaven It is the hearty prayer of My Lord Your Lordships most obliged and devoted Servant FR. FULLWOOD A PREFACE TO THE READER Good Reader OUr Roman Adversaries claim the Subjection of the Church of England by several Arguments but insist chiefly upon that of possession and the Universal Pastorship if any shall deign to answer me I think it reasonable to expect they should attach me there where they suppose their greatest strength lies otherwise though they may seem to have the Advantage by catching Shadows if I am left unanswered in those two main Points the Substance of their Cause is lost For if it remain unproved that the Pope had quiet possession here and the contrary proof continue unshaken the Argument of Possession is on our side I doubt not but you will find that the Pope had not possession here before that he took not possession by Austine the Monk and that he had no such possession here afterwards sufficient to create or evince a Title ' T is confessed that Austine took his Arch-Bishoprick of Canterbury as the Gift of Saint Gregory and having recalled many of the People to Christianity both the Converts and the Converter gave great Submission and respect to Saint Gregory then Bishop of Rome and how far the People were bound to obey their Parent that had begotten them or he his Master that sent him and gave him the Primacy I need not dispute But these things to our purpose are very certain 1. That Conversion was anciently conceived to be the ground of their Obedience to Saint Gregory which Plea is now deserted and that Saint Gregory himself abhorred the very Title of Universal Bishop the only thing now insisted on 2. ' T is also certain that the Addition of Authority which the King ' s Silence Permission or Connivence gave to Austine was more than Saint Gregory ' s Grant and yet that Connivence of the new Converted King in the Circumstances of so great Obligation and Surprize who might not know or consider or be willing to exercise his Royal Power then in the Point could never give away the Supremacy inherent in his Crown from his Successors for ever 3. ' T is likewise certain that neither Saint Gregory ' s Grant nor that King ' s Permission did or could obtain Possession for the Pope by Austine as the Primate of Canterbury over all the Brittish Churches and Bishops which were then many and had not the same Reason from their Conversion by him to own his Jurisdiction but did stifly reject all his Arguments and Pretenses for it King Ethelbert the only Christian King at that time in England had not above the twentieth part of Brittain within his Jurisdiction how then can it be imagined that all the King of England ' s Dominions in England and Wales and Scotland and Ireland should be concluded within the Primacy of Canterbury by Saint Augustine ' s possession of so small a part 4. ' T is one thing to claim another to possess Saint Augustine ' s Commission was to subject all Brittain to erect two Arch-Bishopricks and twelve Bishopricks under each of them but what possession he got for his Master appears in that after the death of that Gregory and Austine there were left but one Arch-Bishop and two Bishops of the Roman Communion in all Brittain 5. Moreover the Succeeding Arch-Bishops of Canterbury soon after discontinued that small possession of England which Augustine had gotten acknowledging they held of the Crown and not of the Pope resuming the Ancient Liberties of the English Church which before had been and ought always to be Independent on any other and which of Right returned upon the Return of their Christianity and accordingly our Succeeding Kings with their Nobles and Commons and Clergy upon all occasions denied the Papal Jurisdiction here as contrary to the King 's Natural Supremacy and the Customs Liberties and Laws of this Kingdom And as Augustine could not give the Miter so neither could King John give the Crown of England to the Bishop of Rome For as Math. Paris relates Philip Augustus answered the Pope's Legate no King no Prince can Alienate or give away his Kingdom but by Consent of his Barons who we know protested against King John ' s endeavour of that kind bound by Knighs Service to defend the said Kingdom and in case the Pope shall stand for the contrary Error his Holiness shall give to Kingdoms a most pernitious Example so far is one unwarrantable act of a fearful Prince under great Temptations from laying a firm ground for the Pope's Prescription and 't is well known that both the preceeding and succeeding Kings of England defended the Rights of the Crown and disturbed the Pope's possession upon stronger grounds of Nature Custom and plain Statutes and the very Constitution of the Kingdom from time to time in all the main Branches of Supremacy as I doubt not but is made to appear by full and Authentick Testimony beyond dispute 2. The other great Plea for the Pope ' s Authority in England is that of Universal Pastorship now if this cannot be claimed by any Right either Divine Civil or Ecclesiastical but the contrary be evident and both the Scriptures Emperors Fathers and Councils did not only not grant but deny and reject the Pope ' s Supremacy as an Usurpation What Reason hath this or any other Church to give away their Liberty upon bold and groundless Claims The pretence of Civil Right by the Grant of Emperors they are now ashamed of for three Reasons 't is too scant and too mean and apparently groundless and our discourse of the Councils hath beaten out an unanswerable Argument against the claim by any other Right whether Ecclesiastical or Divine for all the General Councils are found first not to make any such Grant to the Pope whereby the Claim by Ecclesiastical Right is to be maintained but secondly they are all found making strict provisions against his pretended Authority whereby they and the Catholick Church in them deny his Divine Right 'T is plainly acknowledged by Stapleton himself that before the Council of Constance non divino sed humano Jure positivis Ecclesiae Decretis primatum Rom. Pont. niti senserunt speaking of the Fathers that is the Fathers before that Council though the Primacy of the Pope was not of Divine Right and that it stood only upon the Positive Decrees of the Church and yet he further confesseth in the same place that the Power of the Pope now contended for nullo sane decreto publico definita est is
of the priviledge of Appeals to us seeing thou thy self has sometimes done the same And near about the same time as Twisden observes Robert Abbot of Thorney deposed by Hubert Arch-Bishop was kept in Prison a year and an half without any regard had to his appeal Hov. f. 430. b. 37. made to the Pope Indeed that Pope Innocent the Third and his Obj. Clergy great instruments in obtaining Magna Charta from that Prince had got that clause inserted liceat unicuique it is lawful for any one to go out of our Kingdom and to return nisi in tempore Guerrae per aliquod breve tempus After which saith Twisden it is scarce imaginable how every petty cause was by appeals removed to Rome which did not only cause Jealousie at Rome that the grievance would not long be born and put the Pope in prudence to study and effect a mitigation by some favourable priviledges granted to the Arch-Bishoprick but it did also awaken the King and Kingdom to stand upon and recover their ancient liberty in that point Hereupon the Body of the Kingdom in their Matth. Par. p. 668. 3. querelous Letter to Innocent the fourth 1245. or rather to the Council at Lions claim that no Legate ought to come here but on the King's desire ne quis extra Regnum trahatur in Causam which Math. Par. left out but is found in Mr. Roper's M. S. and Mr. Dugdale's as Sir Roger Twisden observes agreeable to one of the Gravamina Angliae sent to the same Pope 1246. viz. quod Anglici extra Regnum in Causis Apostolica Authoritate trahuntur Therefore it is most remarkable that at the revising of Magna Charta by Edw. 1. the former clause liceat unicuique c. was left out Since which time none of the Clergy might Reg. 193. Coke Inst 3. p. 179. 12 R. 2. c. 15. go beyond Seas but with the King's leave as the Writs in the Register and the Acts of Parliament assure us and which is more if any were in the Court of Rome the King called them home The Rich Cardinal and Bishop of Winchester knew the Law in this case and that no man was so great but he might need pardon for the offence and therefore about 1429. caused a Petition to be exhibited in Parliament that neither himself nor any other should be troubled by the King c. for cause of any provision or offence done by the said Cardinal against Rot. Parl. 10 Hen. 6. n. 16. any Statute of Provisions c. this was in the Eighth of Henry the Sixth and we have a plain Statute making such Appeals a premunire in Edward 9 Ed. 4. 3. the Fourth Sir Roger Twisden observes the truth of this barring Appeals is so constantly P. 37. averred by all the Ancient Monuments of this Nation as Philip Scot not finding how to deny it falls upon another way that if the Right of Appeals were abrogated it concludes not the See of Rome had no Jurisdiction over this Church the Concession gives countenance to our present enquiry the consequence shall be considered in its proper place What can be further said in pretence of a quiet possession of Appeals for nine hundred years together since it hath been found to be interrupted all along till within one hundred years before Hen. 8. Especially seeing my Lord Bramhall hath made it evident by clear Instances that it is the Vnanimous Judgment of all Christendom that not the Pope but their own Sovereigns in their Councils are the last Judges of their National Liberties vid Bramh. p. 106. to 118. SECT II. Of the Pope's Possession here by his Legates Occasion of them Entertainment of them IT is acknowledged by some that citing Englishmen to appear at Rome was very inconvenient therefore the Pope had his Legates here to execute his Power without that inconvenience to us How the Pope had possession of this Legantine Power is now to be enquired The Correspondence betwixt us and Rome at first gave rise to this Power the Messengers from Rome were sometimes called Legati though at other times Nuncii After the Erection of Canterbury into an Arch-Bishoprick the Arch-Bishop was held quasi Alterius Orbis Papa as Vrban 2. stiled him he exercising Vices Apostolicas in Anglia Malms f. 127. 15. that is used the same Power within this Island the Pope did in other Parts Consequently if any question did arise the determination was in Council as the deposing Wigorn. An. 1070. Stygand and the setling the precedency betwixt Canterbury and York The Instructions mentioned of Henry the First say the Right of the Realm is that none should be drawn out of it Authoritate Apostolicâ and do assure us that our Ancient Applications to the Pope were Acts of Brotherly Confidence in the Wisdom Piety and Kindness of that Church that it was able and willing to advise and assist us in any difficulty and not of obedience or acknowledgment of Jurisdiction as appear by that Letter of Kenulphus c. to Pope Leo the Third An. â—797 Malms de Reg. l. 1. f. 16. quibus Sapientiae Clavis the Key of Wisdom not Authority was acknowledged therein Much less can we imagine that the Pope's Messengers brought hither any other Power than that of Direction and Counsel at first either to the King or Arch-Bishop the Arch-Bishop was nullius unquam Legati ditioni addictus Therefore none were suffered to wear a Miter within his Province or had the Crecier carried nor laid any Excommunication upon this ground in Diaecesi Archiepiscopi Apostolicam non tenere Sententiam Gervas Col. 1663. 55. An. 1187. Col. 1531. 38. The Church of Cant. being then esteemed omnium nostrum Mater Communis sub sponsi Jesu Christi dispositione ibid. True the Pope did praecipere but that did not argue the acknowledgment of his Power so John Calvin commanded Knox the question Knox Hist Scot. 93. is how he was obeyed 't is certain his Precepts if disliked were questioned Eadm p. 92. 40. opposed Gervas Col. 1315. 66. and those he sent not permitted to medle with those things they came about ibid. Col. 1558. 54. But Historians observe that we might be Occasion of Legates wrought to better temper some Persons were admitted into the Kingdom that might by degrees raise the Papacy to its designed height these were called Legates but we find not any Courts kept by them or any Power exercised with effect beyond what the King and Kingdom pleased which indeed was very little The Pope's Legate was at the Council touching the precedence of the Arch-Bishops but he subscribed the sixteenth after all the English Bishops and not like the Pope's Person or Proctor as Sir Roger Twisden proves p. 20. The first Council wherein the Pope's Legate preceded Arch-Bishops was that of Vienna a little more than three hundred years agon viz. 1311. as the same Author observes wherein he looked like the
and Licenses and lesser ways Casual Payments and conditions of Advantage which did much help the rest to drain us of our wealth but these obtained upon private persons and many times in methods not cognizable by Law neither were the people so apt to complain in such cases because they had something which they unaccountably valued for their money and the possession of a false opinion in the Vulgar as Juglers and Cheats may equally glory in can never be soberly interpreted to be a good and sufficient Title to the Supremacy of the Church of England Yet it is not amiss to remember that the Popes Messenger Jo. Opizanus for acting against the Kings Laws in getting mony for his Master was cast into Prison as we find it Vit. Hen. Chich. p. 86. Neither can we reasonably imagine but that much of that vast Sum was gathered by those ways which in the Reign of Hen. 3. the Lords and Commons complain of viz. that above four hundred thousand pounds yearly was carried hence into Italy It was some disturbance of such kind of Receipts Stat. de 7. H. 1. c. 6. that the Law forbids any such Bulls to be purchased for the time to come upon pain of praemunire And that 't was decreed that the Popes Collector though he have a Bull for the purpose Hen. 4. fol. 9. hath no Jurisdiction within this Realm And if the ancient Law of the Realm saith that the Pope cannot alter the Laws of England that Law condemns his raising money upon the people in any kind without special Law to that purpose a Prerogative the Kings of England themselves do not claim Therefore that standing Fundamental Law of England always lay in bar against and was a continual real and legal disturbance of the Popes possession of power to impose Taxes or by any devices to collect money from the English either Laity or Clergy CHAP. XIV The Conclusion of the Argument from Prescription 'T is on our side No force for the Pope WE have seen what the Argument from Prescription is come to how far short of Nine Hundred years and how unsettled both in Law and Practice it ever was both as to Jurisdiction in the Popes Court at Rome and by his Legates here and as to Legislation by the force of his Canons and his dispensation by Faculties Licenses and any sort of Bulls c. and as to his Patronage of or Profits from the English Church If a just Computation were made I believe the Argument from Possession would really appear to be on our side Our Kings having enjoyed and flourished in the exercise of Supremacy over us ever since the Act of Hen. 8. extinguishing the Popes Usurpation here with far more quiet and less interruption than ever the Pope did for so long a time Besides other qualifications of our Kings possession do mightily strengthen the Plea above any thing that can be alledged on the Popes behalf 1. Our Kings had possession from the beginning Nice Ephe. according to the Canon and therefore could never be lawfully divested Ancient Histories are evident for us and Baronius determines well what is said by a Modern concerning ancient Tom. 1. an 1. n. 12. affairs without the Authority of any more ancient is contemned This ancient Possession of our Kings hath ever been continued and declared and confirmed by our Laws and the consent of the whole Kingdom signified thereby And these Laws have still been insisted on and repeated when there hath been any great occasion and fit opportunity to vindicate our ancient Liberties But the Pope could never obtain any legal settlement of his Power here before Queen Mary's Reign nor by Her neither in the main branches of it though indeed she courted him with the dignity of a great name and a verbal Title Indeed the subject of the Question being a spiritual Right our Adversaries themselves agree that Possession sufficient to prove it ought to begin near Christs time And he that hath begun it later as certainly the Pope did unless he can evidence that he was driven out from an ancienter Possession as the Pope can never do is not to be stiled a Possessor but an Vsurper an Intruder an Invader Disobedient Rebellious and Schismatical as no doubt by S. W's Logick the Pope is as before was noted I shall conclude with the grave and considerate Concession of Father Barnes noted by Dr. Stillingfleet who after his thorow study of the point upon clear Conviction determined it positively for us in these words The Britanick Church may plead the Cyprian Dr. Still p. 398. Priviledg that it was subject to no Patriarch and although this priviledge was taken away by Force and Tumult yet being restored in Henry the Eighth's time and quietly enjoyed since it ought to be retained for peace sake without prejudice of Catholicism and the brand of Schism by which he grants all that is pertinent to our Cause that the Pope had not possession here from the beginning nor ought to have had 2. That he took advantage bellorum tumultibus vi for his Usurpation 3. That our Ancient Cyprian priviledge was restored by Henry the Eighth totius Regni Consensu with the Consent of the whole Kingdom 4. That never since it hath been peaceably prescribed pacifice praescriptum or quietly enjoyed 5. And that therefore it still ought to be retained sine Schismatis ullius Notâ without the brand or charge of Schism which is the only thing contended for CHAP. XV. The Argument from Infallibility Considered in its Consequence retorted THe two last Arguments for proof of the Pope's Authority are general and not limited to the Church of England as the three former were and are his Infallibility and his Vniversal Pastorship which remain to be examined From his Infallibility it may be argued thus Arg. Whether the Pope were the means of our Conversion or have a Patriarchal Right over us or have had possession of the Government of the English Church heretofore or not if he be really and absolutely Infallible he hath thereby a right to govern us and we are bound to be ruled and directed by him but the Pope is really and absolutely Infallible Ergo. The Consequence would tempt a denial indeed Consequence Infallibility is an excellent qualification for an Vniversal Rector but are not qualification and Commission two things hath God given Authority to every man equal to his Parts to his Natural acquired or infused abilities if not what necessity is there that he hath to the Pope if all Power as well as all Wisdom is from God the prime fountain of them both and if we pretend to both need we evidence only one Indeed we ought to be guided by one that is Infallible if such a one there be but the Necessity ariseth from Prudence not immediatly from Conscience Unless by some other way of Authority God hath given him power to govern us as well as ability otherwise
not many of your selves ashamed and weary of it do not some of you deny it and set up Tradition in stead of it was not the Apostle too blame to say there must be Heresies or Divisions among you and not to tell them there must be an Infallible Judge among you and no Heresies but now men are wiser and of another mind To conclude whether we regard the Truth or Vnity of the Church both Reason and Sence assures us that this Infallibility signifies nothing for as to Truth 't is impossible men should give up their Faith and Conscience and inward apprehension of things to the Sentence of any one man or all the men in the World against their own Reason and for Vnity there is no colour or shadow of pretence against it but that the Authority of Ecclesiastical Government can preserve it as well without as with Infallibility But if there be any Sence in the Argument methinks 't is better thus the Head and Governour of the Christian Church must of necessity be Infallible but the Pope is not Infallible either by Scripture Tradition or Reason therefore the Pope is not the Head and Governour of the Christian Church CHAP. XVIII Of the Pope's Universal Pastorship its Right divine or humane this Civil or Ecclesiastical all examined Constantine King John Justinian Phocas WE have found some flaws in the pretended Title of the Pope as our Converter Patriarch Possessor and as the Subject of Infallibility his last and greatest Argument is his Vniversal Pastorship and indeed if it be proved that he is the Pastor of the whole Church of Christ on Earth he is ours also and we cannot withdraw our obedience from him without the guilt of that which is charged upon us viz. Schism if his Commands be justifiable but if the proof of this fail also we are acquitted This Right of the Pope's Universal Pastorship is divine or humane if at all both are pretended and are to be examined The Bishop of Calcedon is very indifferent and reasonable as to the Original if the Right be granted 't is not de fide to believe whether it come from God or no. If the Pope be Universal Pastor Jure humano only his Title is either from Civil or from Ecclesiastical Power and least we should err Fundamentally we shall consider the pretenses from both If it be said that the Civil Power hath conferred this honour upon the Pope may it not be questioned whether the Civil Powers of the World extend so far as either to dispose of the Government of the Church or to subject all the Churches under one Pastor However de facto when was this done when did the Kings of England in Conjunction with the Rulers of the whole World make such a Grant to the Pope I think the World hath been ashamed of the Const donat Donation of Constantine long agon yet that no shadow may remain unscattered we shall briefly take an account of it They say Constantine the third day after he was baptized left all the West part of the Empire to Pope Sylvester and went himself to dwell at Constantinople and gave the whole Imperial and Civil Dominion of Rome and all the Western Kingdoms to the Pope and his Successors for ever A large Boon indeed this looks as if it was intended that the Pope should be an Emperor but who makes him Vniversal Pastor and who ever since hath bequeathed the Eastern World to him either as Pastor or Emperor for it should seem that part Constantine then kept for himself But Mr. Harding throws off all these little Cavils and with sufficient Evidence out of Math. Hieromonachus a Greek Author shews the very Words of the Decree which carry it for the Pope as well in Ecclesiastical as Civil Advantages they are these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. We decree and give in charge to all Lords and to the Senate of our Empire that the Bishop of Rome and Successor of Saint Peter chief of the Apostles have Authority and Power in all the World greater than that of the Empire that he have more honour than the Emperor and that he be Head of the four Patriarchal Seats and that matters of Faith be by him determined this is the Charter whereby some think the Pope hath Power saith De potest Pap. c. 19. Harveus as Lord of the whole World to set up and pull down Kings 'T is confessed this Grant is not pleaded lately with any Confidence Indeed Bishop Jewel did check it early when he shewed Harding the wisest and best among the Papists have openly disproved it such as Platina Cusanus Petavius Laurent Valla Antoninus Florentinus and a great many more Cardinal Cusanus hath these words Donationem Constantini dilligenter expendens c. Carefully weighing this Grant of Constantine even Conc. Cath. lib. 3. c. 2. in the very penning thereof I find manifest Arguments of Forgery and Falshood 'T is not found in the Register of Gratian that is in the allowed Original Text though it be indeed in the Palea of some Books yet that Palea is not read in the Schools and of it Pope Pius himself said dicta Palea Constantinus Pius 2. dial falsa est and inveighs against the Canonists that dispute an valuerit id quod nunquam fuit and those that speak most favourably of it confess that it is as true that Vox Angelorum Audita est that at the same time the voice of Angels was heard in the Air saying hodie venenum effusum est in Ecclesiam Much more to the discountenance of this P. 537 538. 539. vain Story you have in Bishop Jewel's Defence which to my observation was never since answered to him therefore I refer my Reader But alas if Constantine had made such a Grant Pope Pipus tells us it was a question among the very Canonists an valuerit and the whole World besides must judge the Grant void in it self especially after Constantine's time Had Satan's Grant been good to our Saviour if he had faln down and worshipped him no more had Constantine's pardon the comparison for in other things he shewed great and worthy zeal for the flourishing Grandeur of the Church of Christ though by this he had as was said given nothing but poyson to it for the Empire of the World and the Vniversal Pastorship of the Church was not Constantine's to give to the Pope and his Successors for ever Arg. 2 King John But it is urged nearer home that King John delivered up his Crown to the Pope and received it again as his Gift 'T is true but this Act of present fear could not be construed a Grant of Right to the Pope if King John gave away any thing it was neither the Power of making Laws for England nor the exercise of any Jurisdiction in England that he had not before for he only acknowledged unworthily the Pope's Power but pretended not to give him such Power to
confer the Crown for ever much less to make him Supreme Disposer of our English Church But if our Constitution be considered how inconsiderable an Argument is this our Kings cannot give away the Power of the Crown during their own times without an Act of Parliament the King and Parliament together cannot dispose of any thing inherent to the Crown of England without a Power of Resumption or to the prejudice of Succeeding Kings besides no King of England ever did not King John himself either with or without his Parliament by any Solemn Publick Act transfer the Government of this Church to the Bishop of Rome or so much as Recognize it to be in Him before Henry the Eighth and what John did Harpf. ad 5. Re. 14. c. 5. was protested against by the Three States then in Parliament And although Queen Mary since made a higher acknowledgment of his Holiness than ever we read was done here before yet 't is evident she gave him rather the Complement of the Title of that uncertain Word Supreme Head than any real Power as we observed before and yet her New Act to that purpose was endured to remain in force but a very short time about four or five years But although neither Constantine for the Justinian whole World nor King John for England did or could devise the Supremacy to the Pope 't is confessed the Emperor Justinian endeavoured somewhat that look'd like it Justinian was a great friend of the Roman Bishop Cod. inter Claras he saith Properamus honorem authoritatem crescere sedis vestrae we labour to subject and unite all the Eastern Priests to the See of your Holiness But this is a plain demonstration that the See of Rome did not extend to the East near six hundred years after Christ otherwise that would have been no addition of honour or Authority to it neither would Justinian have endeavoured what was done before as it doth not appear that he afterwards effected it Therefore the Title that he then gave the Pope of the Chief and Head of all the Churches must carry a qualified sence and was only a Title of honour befitting the Bishop of the Chief and most eminent Church as the Roman Church then was and indeed Justinian was a Courtier and stiles the Bishop of Contantinople universal Patriarch too or at most can only signifie that his intentions were to raise the Pope to the chief Power over the whole Church which as was said before he had not yet obtained This is all that can be inferred if these Epistles betwixt the Emperor and the Pope be not forged as Learned Papists suspect because in Greg. Holiand Azo the eldest and allowed Books they are not to be found However if Justinian did design any thing in favour of the Pope it was only the subjecting of the Clergy to him as an Ecclesiastical Ruler and yet that no farther than might well enough consist with the Supremacy of the Empire in causes Ecclesiastical as well as Civil which memento spoils all the argument For we find the same Justinian under this imperial stile We command the most holy Arch-Bishops and Patriarchs of Rome Constantinople Alexandria Antioch and Hierusalem Authent Colla 1. We find him making Laws upon Monks Priests Bishops and all kind of Churchmen to inforce them to their duty We find him putting forth his Power and Authority for the sanction of the Canons of Councils and making them to have the force of Laws We find him punishing the Clergy and the Popes themselves yea 't is well known and confessed by Romanists that he deprived two Popes Sylverius and Vigilius Indeed Mr. Harding saith that was done by Theodora the Empress but it is otherwise recorded in their own Pontifical the Emperor demanded of Belsarius what he had done with the Romans and how he had deposed Sylverius and placed Vigilius in his stead Upon Conc. To. 2. in v. Vigil his answer both the Emperor and Empress gave him thanks Now it is a Rule in Law Rati habito retrotrabitur mandato comparatur Zaberel declares it to be Law that the Pope De Schis Conci in any notorious crime may be accused before the Emperor and the Emperor may require of the Pope an account of his Faith And the Emperor ought to proceed saith Harvy against De Potes Pap. c. 13. the Pope upon the request of the Cardinals And it was the judgment of the same Justinian himself that there is no kind of thing but Con. Const 5. Act. 1. it may be thorowly examined by the Emperor For he hath a principality from God over all men the Clergy as well as Laity But his erecting of Justiniana prima and giving the Bishop Locum Apostolicae sedis to which all the Provinces should make their last Appeal Gothop Nov. 13. c. 3. Nov. 11. whereby as Nicephorus affirms the Emperor made it a free City a Head to it self with full power independant from all others And as it is in the imperial constitutions the Primate thereof should have all power of Ecclesiastical Jurisdiction the Supreme Priesthood Supreme Honour and Dignity This is such an instance both of Justinian's Judgment and Power contrary to the Popes pretensions of Supremacy as granted or acknowledged by the Emperor Justinian that all other Arguments of it are ex abundanti and there is no great need of subjoyning that other great and like instance of his restoring Carthage to its primacy after the Vandals were driven out and annexing two new Provinces that were not so before to its jurisdiction without the proviso of submitting it self to Rome though before Carthage had ever refused to do it Phocas the Emperor and Pope Boniface no doubt understood one another and were well enough agreed upon the point But we shall never yield that these two did legally represent the Church and the World or that the grant of the one and the greedy acceptance on the other part could bind all Christians and all mankind in subjection to his Holiness's Chair for ever Valentinian said all Antiquity hath given the principality of Priesthood to the Bishop of Rome But no Antiquity ever gave him a principality of Power no doubt he as well as the other Emperors kept the Political Supremacy in his own hands Charles the Great might complement Adrian and call him universal Pope and say he gave St. Wilehade a Bishoprick at his command But he kept the power of convocating Synods every year and sate in them as a Judge himself Auditor arbiter adfui he made Ecclesiastical Decrees in his own Name to whom this very Pope acquitted all claim in the Election of succeeding Popes for ever A great deal more in answer to both these you have in Arch-Bishop Bramhall p. 235 236. and King James's defence p. 50. c. CHAP. XIX The Popes pretended Ecclesiastical Right Not by General Councils 8 First To which Sworn Justi Sanction
bound to issue out the Writ de Excom Cap. and the Sheriff to imprison the party upon a Certificate from the Bishop But I must humbly leave such things to wiser Judges THE CONTENTS OF THE CHAPTERS and SECTIONS CHAP. I. THE general Proposition The Ecclesiastical Jurisdiction as now Exercised in the Church of England is Allow'd and Establish'd by the Laws of the Land Sect. 1. An Account of the Method Page 1. Sect. 2. Mr. Hickeringill ' s Reasoning Noted and Resolv'd p. 2. Sect. 3. The Propositions suggested by M. Hickeringill are these following p. 4. CHAP. II. Our Ecclesiastical Jurisdiction in England was not derived from the Pope but from the Crown before the Reformation by Henry the Eighth p. 5. Proof against this Popish principle Sect. 1. From the root and branches of Ecclesiastical Power Donation Investiture Laws p. 6. Sect. 2. Jurisdictionâ— p. 7. Sect. 3 4 5. p. 9 11 12. CHAP. III. King Hen. 8. did not by renouncing the Power pretended by the Pope make 〈◊〉 the Ecclesiastical Jurisdiction neither was it void before it was restored by Edw. 6. 2. p. 13. Sect. 2 3. p. 16 20. CHAP. IV. Ecclesiastical Jurisdictition is lawfully exercised without the King's Name or Stile in Processes c. notwithstanding the 1 Edw. 6. 2. p. 22. Sect. 1 2 3. p. 23 24 26. Sect. 4. 1 Edw. 6. 2. Repeal'd appears from practice p. 28. Sect. 5. 1 Edw. 6. 2. Repealed in the Judgment of all the Judges the King and Council p. 31. Sect. 6. Mr. H. Cary ' s Reason to the contrary considered p. 36. CHAP. V. The Act of 1 Eliz. 1. Establishing the High-Commission Court was not the foundation of Ordinary Ecclesiastical Jurisdiction in England against Mr. Hickeringill p. 41. CHAP. VI. How our Ecclesiastical Jurisdiction in England came at first and is at present Establish'd by Law p. 46. Sect. 1. Jurisdiction of the Church in Common Law p. 51. Sect. 2. The Government Ecclesiastical is Establish'd in the Statutes of this Realm p. 54. CHAP. VII Of Canons and Convocations p. 60. The Conclusion p. 64. The Postscript p. 67. The Bookseller to the Reader THE absence of the Author and his inconvenient distance from London hath occasioned some small Errata's to escape the Press The Printer thinks it the best instance of pardon if his Escapes be not laid upon the Author and he hopes they are no greater than an ordinary understanding may amend and a little charity may forgive R. Royston CHAP. I. The General Proposition THE Ecclesiastical Jurisdiction As now Exercised in the Church of England is Allow'd and Establish'd by the Laws of the Land SECT I. An Account of the Method AFTER so many hundred years confirmation both by Law and Practice 't is a marvellous thing this should be a question yet of late two worthy Gentlemen treading in the steps of some former Male-contents have ventured to make it one Mr. Edmond Hickeringill and Mr. H. Cary the first in his Book called Naked Truth the Second part the other in his modestly stiled The Law of England And it is to be observed they were both Printed very seasonably for the setling our distractions through the fears and danger of Popery I shall note what they say discover their gross and dangerous mistakes answer and remove their pitiful Objections and then endeavour to satisfie ordinary and honest enquirers both that and how our Ecclesiastical Jurisdiction stands firm and unshaken upon the basis of our English Laws SECT II. Mr. Hickeringill's Reasoning Noted and Resolv'd Mr. Hickeringill is pleased to say that upon the Stat. 1 Eliz. 1. was built the High Commission Court and the Authority of all Canon-makers Synodiâ—al but down came the Fabrick when that Act was Repealed by 17 Car. 1. 11. and 13. Car. 2. 12. Where provision was made by striking at the foundation 1 Eliz. 1. that no more Commissions of that nature be granted any more only the Spiritual Courts by 1â— Caâ— 2. 12. were to be in Statu quo wherein they were 1639. What state no great I 'le warrant you if the Basis on which their Star-Chamber and High-Commission-Court were built be taken away All Ecclesiastical Jurisdictions till Hen. 8. were derived from the Pope as Supream of the Church â— this Head being beheaded the Supremacy was invested in the Crown But 1 Edw. 6. 2. Enacts that all Process Ecclesiastical should be in the Name and with the stile of the King c. So that if there be any Ecclesiastical Jurisdiction in England distinct from his Majesties Day Courts all their Processes must be in the Kings Name c. 'T is true 1 Edw. 6. 2. is repealed by the 1 Mar. 2. but I care not for that for 't is revived by the Act of repeal 1 Jac. 25. The Clergy in Convocation acknowledged in their Petition that their Ecclesiastical power was at that time taken away So that their present Jurisdiction being not from God that 's certain 't is not from Man because his Majesty has promised 13 Car. 2. 12. never to empower them with any more Commissions to the worlds end But this I do not peremptorily assert I here protest I know not by what Authority we do these things considering the premises and the repealing of 1 Eliz. 1. By the Statute of Hen. 8. all these Ordinary Jurisdictions were cut off and were revived by 1 Edw. 6 upon Conditions only This is the very Naked Truth under his first Query and in his Conclusion and up and down this worthy Book that is such a shabby lawless Logick such a rude and shatter'd way of reasoning as deserves to be reduc'd with a rod and lasht into method and sence and better manners Especially if you single out his false and study begging Prâ—positions fraught with a wretched design of robbing his own Mother in the Kings high way with which he challenges passage to cheat and abuse the Country My business is only to apprehend the Vagabonds and commit them to the justice of some more severe and smarter hand SECT III. The Propositions suggested by Mr. Hickeringill are these following I. That before Hen. 8. all Ecclesiastical Jurisdiction in England was derived from the Pope as Mr. Cary p. 6. II. That Hen. 8. when he annex'd the Ecclesiastical Jurisdiction to the Crown he took it wholly away from our Ecclesiastical Ministers III. That the Church had no Jurisdiction after Hen. 8. had annex'd it to the Crown till 1 Edw. 6. 2. IV. That if there be any Ecclesiastical Power in our Church it cannot be executed but in the Name and with the Stile c. of the King according to 1 Edw. 6. 2. V. That all our Ecclesiastical Power was lately founded in 1 Eliz. 1. as it establish'd the High-Commission-Court and that Act being Repeal'd all Ecclesiastical Power was taken away with the Power of that High Commission On a Rock consisting of these Sands stands our mighty Champion triumphing with his Naked Truth but we come now to
such provision that those things which belong to our Ecclesiastical Jurisdiction and Liberties without which we cannot duly discharge c. and taken from us lately by the Iniquity of the times may be again restored and that all Laws which have taken away or do any ways hinder our Ecclesiastical Jurisdiction and liberties may be made null and void Hence he concludes that in the judgment of the Convocation at that time their Jurisdiction and Liberties were taken away Is this proof sufficient against all the laws and practice of the Kingdom during the Reign of Hen. 8. after the extinguishing Act or do they say that Hen. 8. took away the Ecclesiastical Jurisdiction how can Mr. Hickeringill divine that it was not the renouncing the Pope as Head of their Jurisdiction and Liberties that was the very grievance that they complain'd of 3. This is certain that Queen Mary succeeded Edw. 6. that Edw. 6. did require more express Testimonies of the Clergie's Recognition of the Crown in the exercise of the Ecclesiastical Jurisdiction by the Statute of which we shall take more notice presently than Hen. 8. did and 't is past Mr. Hickeringill his skill to prove that the Convocation in their said Petition did not principally if not only intend that severe Act of Edw. 6. However that pass Mr. Hickeringill his argument deserves not the strength of a Convocation to confute it 4. I leave it to Mr. Hickeringill himself for if he think that that Convocation spake that which was not true he hath said nothing to the purpose but if he think they did speak truth then he thinks that the Jurisdiction of the Church of England as derived from the King according to the Statute of Edw. 6. or in Hen. 8's time was no lawful Jurisdiction that is Mr. Hickeringill thinks as the Papists think War Hawk again Mr. Hickeringill and a praemunire too But this brings us to consider the Statute of Edw. 6. CHAP. IV. Ecclesiastical Jurisdiction is lawfully exercis'd without the Kings Name or Stile in Processes c. notwithstanding the 1 Edw. 6. 2. THat all Ecclesiastical Processes should be in the Name and Stile of the King c. according to the Statute of 1 Edw. 6. 2. is the great and old Objection not only of Mr. Hickeringill but several others SECT I. Answ But first if this Statute were not repealed as indeed it is there are several things in the body of it very considerable against Mr. Hickeringill and to our advantage 1. The Statute observes in the very foundation of it that it 's justly acknowledged by the Clergy of the Realm that all Courts Ecclesiastical within the Realms of England and Ireland be kept by no other Power or Authority but by the Authority of the King which it seems was then known without the Testimonies thereof then to be required and indeed is so still by the Oaths which all Ecclesiastical persons chearfully take before their Instalment 2. That there was such a thing in practice before the making this Act as Ecclesiastical Jurisdiction in the Church of England for the Statute saith that Archbishops c. do use to make and send out their Summons c. in their own names at that time who yet acknowledged all their Authority from the Crown Sect. 3. 3. The Statute allows the Ecclesiastical Jurisdiction it self and that the Archbishops and Bishops shall make admit c. their Chancellors and other Officers and Substitutes which supposeth the Constitution of the Spiritual Courts under their own names and with their own Seals Sect. 6. 4. This Statute also allows that some things are limited by the Laws and Customs of this Realm and if such things are depending in the Kings Courts of Record at Common Law are to be remitted to the Spiritual Courts to try the same Sect. 7. 5. But what is the penalty if they do not use the Kings Name and Stile and put the Kings Arms into their Seals of Office This is considerable 'T is well the Statute provided Sect. 4. a better hand to punish the delinquents than Mr. Hickeringill and a milder punishment than he interprets the Law to do the punishment is the Kings displeasure and imprisonment during his pleasure not the voiding the Jurisdiction as Mr. Hickeringill would have it And while the King knows the Statute is repealed as shall next appear we fear not but his Majesty is pleased with and will defend our Jurisdictions while we humbly acknowledge their dependency on the Crown and exercise the same according to his Laws though we presume not to use his Name and Stile and Arms without the warrant of Law SECT II. 1. FOR that Statute of 1 Edw. 6. 2. was repealed by the first and second of Philip and Mary c. 8. wherein we have these plain words The Ecclesiastical Jurisdiction of the Archbishops and Ordinaries are declared to be in the same state for process of suits punishment of crimes and execution of the Censures of the Church with knowledge of causes belonging to the same and as large in these points as the said Jurisdiction was the said twentieth year of Hen. 8. whereby that Statute is also revived as my L. Coke affirmeth Thus by Act of Parliament of which that Queen was the undoubted Head and by the power of the Crown of England and not the Pope the Ecclesiastical Jurisdiction of this Realm was established by our own Law is the same state wherein it stood before the twentieth of Hen. 8. and then we find that by our ancient Laws and Customs it was dependent on the Crown whatever some Church-men thought to the contrary 2. I have read that this same Queen Mary wore the Title of Head of the Church of England her self though in other points too too zealous for Popery and by this very Statute it is Enacted That nothing in this Act shall be construed to diminish the Liberties Prerogatives or Jurisdictions or any part thereof which were in the Imperial Crown of this Realm the twentieth year of Hen. 8. or any other the Queens progenitors before And we have found that the Ecclesiastical Jurisdiction of this Kingdom was subject to and dependent on the Imperial Crown secundum consuetudinem legem Angliae in her Ancestors time We have found also that this was the undoubted Judgment of the whole Kingdom in the Statutes of Hen. 8. Edw. 6. Queen Eliz. King James c. Now let it be shewn that this clause of the Statute of Queen Mary is repealed which is so agreeable to the ancient Customs and Rights of the Crown let this be shown and you do something This Statute of my Lord Coke's is not repealed by the 1 of Eliz. or King James though the 1 of Mary should be granted to be so Also the 25 Hen. 8. 20. being contrary to 1 Edw. 6. 2. is revived by 1 Eliz. and never repealed Rep. Coke 12. p. 9. I. Mr. Hickeringill indeed is bold enough but I find Mr. Cary timerous in
way vents so wild a notion p. 3. 12. or when that of 25 Hen. 8. 19. was repealed or how they are made less than nothing at this day than they were before since that Statute of limitations as he is pleased to insult He saith They are far from being the Representative Church of England for that the people have not the least Vote in their Election Pray when was it otherwise than 't is now If the Law by Institution make the Clerk a guide to his flock in Spirituals if the people do expresly make choice of him for such or virtually consent in Law he should be so and thereupon the Law allows this Clerk to elect members for the Convocation and also reckons the Convocation to be the Representative Church of England how comes it that Mr. Hickeringill who is so great a stickler for a Legal Religion should be so much wiser than the Law and to scoff at its Constitutions I wish Mr. Hickeringill to beware of touching Foundations with his rude and bold Fancies and disturbing the frame of Government I am sure he will not abide by his own Rule if he be well advised of the manner of Electing the great Representative of the people of England 't is our duty to study to be quiet but some study to be otherwise The wisest word in his Naked Truth is this If men once come to dispute Authority and the wisdom of the Laws and Law-makers the next step is Confusion and Rebellion p. 11. The Conclusion THUS you have a Taste of the Spirit and Sence that runs through the Book called Naked Truth his other little gross mistakes are not worthy observing much less insisting on such as these 1. First That all Archdeaconries have Corpses annex'd which is certainly otherwise in most Archdeaconries in some Dioceses 2. Then that Archdeacons require Procurations when they do not Visit which is not done in some and I hope in no Diocese 3. Lastly That Procurations and Synodals are against Law and not to be recovered by Law or Conscience when he himself confesseth that they are due by ancient Composition That provision notwithstanding his old Canons in Visitations is due for which the money paid for Procurations is paid for them by vertue of that Composition and whereas they are due by undoubted and long possession and Custom which is as Law in England And to conclude are not only expresly allow'd as due but declared to be recoverable in the Ecclesiastical Courts by the Statute of 34 Hen. 8. 19. I have at this time done with his Materials and for the Manner of his Writing let the Sentence of every Reader reproach and shame him I like not the office of Raking Kennels or emptying Jakes and all the harm I return him is to pray heartily for him That God would give him Grace soberly to read over his own Books and with tears to wash these dirty sheets wherein he hath plai'd the wanton and indeed defiled himself more than his own Nest whatever the unlucky Bird intended and that with such a barbarous wit and vile Railery as is justly offensive to God and Man with such wild triumphs of scorn and contempt of his own Order and Office his Betters and Superiors with such a profligate neglect of Government and Peace and of his own Conscience and Law against which he confesseth he still acts yea against his own Interest Safety and his very Reputation For all which Notorious and publick Miscarriages I wish he thought it fit to do publick Penance in another new and cleaner Sheet I have to do with two Adversaries Mr. Hickeringill and Mr. Cary the first wisheth the Church of England had more power than it now hath the other that it had less I presume in the name of the true Sons of this Church that we are very thankful for the power we have by the favour of our gracious King and his good Laws And as we do and always shall acknowledge the Dependance of our Ecclesiastical Jurisdiction upon the Imperial Crown of this Realm So whether it seem good to the King and his High Court of Parliament to augment or lessen it or to continue it as it is we shall still maintain our Loyalty and manifest our duty and chearfully submit our selves But Lord forgive our Enemies Persecutors and Slanderers and turn their hearts THE POSTSCRIPT I Have reserved a few Authorities for the satisfaction of such as have no mind or leisure to read the Book which alone are sufficient to oppose and expose my Adversaries Objections I. Episcopal Government in the Church of England is as Ancient as the Church and at first was subordinate under God only to our Kings without any relation to or dependance on the Pope and declared to be so with the grounds and reasons thereof very early by Edw. 1. and Edw. 3. and so Established by Acts of Parliament Read 25 Edw. 3. the summ is thus Here we have a Recital of the first Statute against Provisors to this effect Whereas the Holy Church of England was founded in the Estate of Prelacy by the Grandfather of this King and his Progenitors c. and by them endowed with great Possessions c. for them to inform the People in the Law of God to keep Hospitality c. And whereas the King and other founders of the said Prelacies were the Rightful Adowers thereof and upon Avoidance of such Ecclesiastical Promotions had power to advance thereunto their Kinsmen Friends and other Learned men of the birth of this Realm which being so advanced became able and worthy to serve the King in Council and other places in the Common-wealth The Bishop of Rome Usurping the Seigniory of such Possessions and Benefices did give the same to Aliens as if he were Rightful Patron of those Benefices whereas by the Law of England he never had the Right Patronage thereof whereby in short time all the Spiritual Promotions in this Realm would be ingrossed into the hands of strangers Canonical Elections of Prelates would be abolished works of Charity would cease the Founders and true Patrons would be disinherited the Kings Council weakned and the whole Kingdom impoverished and the Laws and Rights of the Realm destroyed Upon this complaint it was resolved in Parliament That these Oppressions and grievances should not be suffered in any manner and therefore it was Enacted That the King and his Subjects should thenceforth enjoy their Rights of Patronage that free Elections of Archbishops and Bishops and other Prelates Elective should be made according to the Ancient Grants of the Kings Progenitors and their Founders and that No Provision from Rome should be put in Execution but that those Provisors should be Attached Fined and Ransom'd at the Kings Will and withal imprisoned till they have renounced the benefit of their Bulls satisfied the Party grieved and given sureties not to commit the like offence again II. Before this forementioned Act was made the Spiritual Courts were in Being