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authority_n foreign_a power_n superiority_n 2,401 5 12.0173 5 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A67872 Fourteen papers 1689 (1689) Wing B5794; ESTC R23746 134,299 83

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and so continued to be in a great measure in Henry III's time and so would in all likelihood have continued had not the wise Edward I. opposed the Pope's Usurpation and made ●… Statute of Mortmain But that which chiefly ●… the Neck of this was That after the Pope and Clergy had endeavoured in Ed. II's time and the beginning of Ed. III. to usurp again Ed. 3. ●… resist the Usurpation and made the Statutes of Provisors 25 Ed. 3. and 27 Ed. 3. And Richard II. ●… those Acts with 16 Rich. 2. ca. 5. and kept ●… Power in the Crown by them Laws which being interrupted by Queen Mary a bloody Bigot the Church of Rome during her Reign there was an Act made in 1 Eliz. ca. 1. which is intituled An Act to restore to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual and abolishing foreign Powers repugnant to the same From which Title I collect three things 1st That the ●… had anciently a Jurisdiction over the Estate Ecclesiastical and Spiritual 2ly That that Jurisdiction had for some time been at least suspended and the Crown had not exercised it 3ly That ●… Law did not introduce a new Jurisdiction but restored the Old but with restoring the old Jurisdiction to the Crown gave a Power of Delegating the Exercise of it And as a Consequence from the whole that all Jurisdiction that is lodged the Crown is subject nevertheless to the Legislative Power in the Kingdom I shall now consider what Power this Act of 1 ●… 1. declares to have been anciently in the ●… and that appears from Sect. 16 17 18. of the same Act. Section 16. Abolisheth all Foreign Authority in ●… Spiritual and Temporal in these words And the intent that all the Usurped and Foreign Power and Authority Spiritual and Temporal may for ever clearly extinguished and never to be used or obeyed within this Realm or any other Your Majesties Dominions or Countries 2. May it please Your Highness that it may be further Enacted by the Authority aforesaid That no Foreign Prince Person Prelate ●… or Potentate Spiritual or Temporal shall at any ●… after the last day of this Session of Parliament ●… enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledge Spiritual or Ecclesiastical within this Realm or within any other Your Majesties Dominions or Countries that now be or hereafter shall be but from ●… the same shall be clearly Abolished out of this ●… and all other Your Highness's Dominions for ●… any Statute Ordinance Custom Constitutions ●… any other matter or cause whatsoever to the contrary in any wise notwithstanding And after the said Act hath abolished all Foreign Authority in the very next Section Sect 17. It annexeth all Ecclesiastical Jurisdiction to the Crown in these words And that also it may likewise please Your Highness That it may be Established and Enacted by the Authority aforesaid That such Jurisdictions Priviledges Superiorities and Preheminences Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been or may lawfully be exercised or used for the Visitation of the Ecclesiastical State and Persons and for Reformation Order and Correction of the same and of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities shall for ever by Authority of this present Parliament be United and Annexed to the Imperial Crown of this Realm From these words That such Jurisdiction c. as by any Spiritual or Ecclesiastical Power or Authority had then-to-fore been exercised or used were annexed to the Crown I observe That the Four things aforesaid wherein the Pope had incroached were all restored to the Crown and likewise all other Ecclesiastical Jurisdiction that had been exercised or used in this Kingdom and did thereby become absolutely vested in the Crown Then Section 18. gives a Power to the Crown to assign Commissioners to exercise this Ecclesiastical Jurisdiction in these words And that Your Highness Your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by Vertue of this Act by Letters Patents under the Great Seal of England to Assign Name and Authorize when and as often as Your Highness Your Heirs or Successors shall think meet and convenient and for such and so long time as shall please Your Highness Your Heirs or Successors such Person or Persons being natural horn Subjects to Your Highness Your Heirs or Successors as Your Majesty Your Heirs or Successors shall think meet to exercise use occupy and execute under Your Highness Your Heirs and Successors all manner of Jurisdictions Priviledges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these Your Realms of England and Ireland or any other Your Highness's Dominions and Countries 2. and to Visit Reform Redress Order Correct and Amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may lawfully be Reformed Ordered Redressed Corrected Restrained or Amended to the pleasure of Almighty God the increase of Vertue and the conservation of the Peace and Unity of this Realm 3 And that such person or persons so to be named assigned authorised and appointed by your Highness your Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid shall have full Power and Authority by vertue of this Act and of the said Letters Patents under your Highness your Heirs and Successors to exercise use and execute all the premisses according to the tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding So that I take it that all manner of Ecclesiastical Jurisdiction was in the Crown by the Common Law of England and declared to be so by the said Act of 1 Eliz. 1. and by that Act a power given to the Crown to assign Commissioners to Exercise this Jurisdiction which was accordingly done by Queen Eliz. and a High Commission Court was by her Erected which late and held Plea of all Causes Spiritual and Ecclesiastical during the Reign of Queen Eliz. King James the first and King Charles the first till the 17 year of his Reign Which leads me to consider the Statute of 17 Car. 1. ca. 11. which Act recites the Title of 1 Eliz ca. 1. and Sect. 18. of the same Act and recites further Section 2. That whereas by colour of some words in the aforesaid branch of the said Act whereby Commissioners are Authorized to execute their Commission acording to the tenor and effect of the Kings Letters Patents and by Letters Patents grounded thereupon the said Commissioners have to the great and insufferable Wrong and Oppression of the Kings Subjects used to Fine and Imprison them and to exercise other Authority not belonging to Ecclesiastical Jurisdiction restored by that Art and divers