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A40719 A review of the grand case of the present ministry whether they may lawfully declare and subscribe as by the late act of uniformity is required? : in reply to a book entitled A short surveigh of the grand case, &c. : wherein all their objections against both the declarations are considered and answered / by the same hand. Fullwood, Francis, d. 1693. 1663 (1663) Wing F2514; ESTC R20121 61,527 240

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Commissaries Archdeacons and other Ordinaries having any peculiar Ecclesiastiel Jurisdiction shall have full Power and Authority by Virtue of this Act as well to inquire in their Visitations Synods and elsewhere to take Accusations and Informations of all and every the things above mentioned within the Limits of their Jurisdiction and to punish the same by Admonition Excommunication Sequestratien or Deprivation and other Censures and Process in like Form as heretof ore hath been used in like Cases by the Queens Ecclesiastical Laws 13. Here we cannot but see not only the legal Names of Ecclesiastical Governours mentioned but their political Power and Authority allowed yea formally invested and establish't in them to inquire and to punish To punish with Admonition Excommunication Sequestration and Deprivation and all this by Virtue of this Act. 14. Had we nothing more to prove Episcopal Government to be established by law but this very Statute I cannot apprehend but that the work is done and all Objections to the contrary for ever superseded 15. Is here only a liberty to exercise a power given them is it not express that Power and Authority is also given them 'T is not declared that they have Power and Authority by Virtue of their Office or any other way but it is enacted that they have Power and Authority to inquire and punish c. by Virtue of this very Act. 16. Yea though it is intimated that the same Course had been used formerly it is not enacted only that this shall continue but as if such a kind of Objection had been in prospect it is enacted that by Virtue of this Statute all these Ecclesiastical Governours shall have full Power and Authority to proceed in like Form as heretofore bath been used in like cases by the Queens Ecclesiastical laws 17. While I read the Statute so express and punctual in the Case I know you will not blame me if I wonder at your so frequent comparing the Government of the Church with Usury and her Governours with Usurers 18 I do not know of any Statute that gives so much countenance to Usury and Usurers as to say be it enacted that power and Authority be given to Vsurers or that makes them a politick body and invests them with Government over so much as their own Tribe and in Cases peculiar to their own way abuses and faults of Usury Do not reflect so unbeseemingly 19. Thirdly I affirm that should we yield unto you that there is no express Statute immediatly Authorizing Ecclesiastical Governours yet immediately it it cannot be denied to be established by Law I mean such Law as impowers the King to Commission and Authorize the Governours in the Church 20. That the King hath such a power in him is manifest from the Oath of Supremacy For being supream Governour in all causes Ecclesiastical he is so over all persons Ecclesiastical as to Commissionate all his inferiour Governours therefore they all either mediately or immediately receive their Commissions from him which is no doubt Legal in the Judgement of all that understand these Protestant Laws that revolve the power usurped by the Pope upon Henry the Eighth and all his successours in the Crown of England for ever v. 26. Hen. 8. c. 1. Eliz. 1. where you reade thus 21. All Jurisdictions heretofore lawfully exercised by any Ecclesiastical power or Authority for Visitation Reformation c. are united and annexed to the imperial Crown of this Realm and that your Highness your Heirs and Successors shall have full power and Authority by virtue of this Act by Letters Patents under the great Seal of England to Assign Name and Authorize persons to exercise all manner of Jurisdictions and to Visit Reform Redress c. 22. Your Answer is this at most concludes but for the Governours and not for the Frame of Government 23. But do you not hereby grant as much as my Argument needs For if the Governours of the Church are Authorized by Law you ow them Obedience and the Law in them and your Covenant provokes you to disobedience 24. Again How can all the Governours be Authorized by Law and not the Frame of Government too He that by Law Commissionates all the Governours doth he not thereby establish the Frame of Government 25. Yea where will you look for the Frame of Government but in the Seat of Governours and that according to the Covenant it self You there engage against Prelacy that is the Government of the Church by Arch-Bishops c. Viz. the several Governours of it 26. You add the Kings Supremacy may exist in and operate by other Church Covernours as well as these 27. I answer easily that admit what you say yet as no other sort of Governours can be Legally so until the King Commissionate them as he hath done these so this kind viz. Episcopal Government must of necessity continue to be Legal until the King shall Commissionate others of another Method or at least withdraw his Commission from these in the present form of Church-Government if he hath power to do it by Law 28. Lastly I urge you that this Government is plainly established by Common Law 29. To this you say that Prescription is a poor Fence to Vsurpation Usury hath prescription 30. But how doth it appear that the present Government is an Usurpation so weighty a charge deserves proof 31. Church Governours are the Kings Ecclesiastical Officers they have their power and authority to Govern given them by Act of Parliament this appears but that their Government is Usurpation appears not 32. To make good your charge two things require proof First that Episcopal Covernment was an Usurpation at first Secondly that it is so still and that it hath not obtained a good Title in law all this while The Statutes now mentioned prove the present Title of it And Magna Charta is a sufficient Evidence that so long agon it had Legal Authority and was no Usurpation 33. I rather mention Magna Charta here because it is accounted Common Law and adds much strength to my Argument thence and from long continuance Especially seeing there is much for the Church and Bishops but nothing for Usurers and Usury to be found in it 34. The Plea that Magna Charta is in behalf of the Abhots at well as Bishops hath nothing at all against us For Abbots were since abolished by law so were not Bishops We are not arguing that nothing confirmed by Magna Charta can be lawfully altered but that Episcopal Government confirmed by Magna Charta is established by that Law and not removed by any other 35. Yea this Objection answers it self and all the rest of its Company and yields us an Argument that might pass for an Instar omnium Abbots and Bishops were both confirmed by the Law of this Land Abbots are removed by Law and not Bishops and in the Law exceptio firmat Regulam in non exceptis and therefore the Law that removed the Abbots did establish the