Objections which I have met with in this Affair the First is this That the King permits it and if any wrong be done by the Spiritual Courts it is to him and what hath any private person to do to concern himself therein In that the King may pass it by 't is true but wrong may be done by these Courts to the Subject as well as to the King and there may be Damage to a single Person by these Courts by being Excommunicated which cannot be to the King and whoever suffers under that Burden hath cause enough to complain and seek their Remedy tho' the King think fit to forgive the wrong done to himself The other Objection is That the Course of the Ecclesiastical Courts hath been such time out of mind and no hurt comes to the Subject by their Courts whether it be done by Commission or not To which I Answer That I never yet heard of any Good ever did come from those Courts but many have been ruined and undone by them And in the next place for their Custome time out of mind there is no such thing if Custome should prevail against Law which it cannot be for the longest time they can bring for this Custome is but 1610 at the furthest time and there are some persons yet living can remember that time But I believe it will be hard for them to prove that they exercised Ecclesiastical Power by their own Authority in any time in the Reign of King James However if they do they cannot make it a Law for an evil Custom against Law never yet made a Law and for them to say Custome will carry it the Highway-Man may as well plead the same for Robbery and say Oh Sir I have been accustomed to Rob tho' there be a Law against it There is another Objection which carries as little weight as the rest and that is the Opinion of the Judges in the Star-Chamber which ought to have the Answer that before is given that it was an Extra-Judicial Opinion and given at such a time and by the same Judges that over-ruled the Plea of the Lord Hollis and Elliot which was many Years after reversed in Parliament Therefore to Sum up all the case lies thus before the 20 of H. the 8. The Spiritual Jurisdiction and all the proceedings in England by the Ecclesiastical Courts was by from and under the power and authority of the See of Rome and by there Cannon Law afterwards to the end of his Reign all that power was invested wholly in the King and no authority belonged to them in any matters whatever but what must be derived by from and under him King Edward the 6. of Famous memory did by his honest and wise Councel not only approve of what was dune in the Church affairs in H. the 8ths time but goes on furder and takes away the very form and mould of the Spiritual Courts by making a Law that those Courts should not so much as beheld in their one name but in the name of the King and all there Citations and Prosses whatever was to be in the Kings name as in Judicial proceeding at Law and the Bishops name of the Diosess to be at the bottom as test to the writ and not as Lord Paramount the Kings authority and by this Kings Law they were not to use any Seal to the Court but with the Kings Arms in Graven so it rested in his time Queen Mary she came in Popishly affected and by the help of Cardinal Poole Legate from Rome prevails with her for the good of her Soul and Honour to the unholy Church of Rome to pass an Act called an Act of repeal to take away all those Laws that abridged the Power and Supremacy of the See of Rome sence the 20 year of H. the 8. And as some will have it this Law of Edward the 6. must be meant to be one of those but what reason can be in Law given is not yet known for it is not perticularly Repealed as other Laws are in that Statute of Repeal and then in the next place being not so perticularly it is believed it could not be Repealed by that Act of Repeal because that in the very same Act it doth set fourth perticularly all other Acts intended to be repealed and not that Then Queen Elizabeth in her first year Repealed the Act of Repeal made in Queen Mary's days and restores all again as was in Henry the 8ths time and Edward the 6. And declared particularly that all manner of Ecclesiastical power must be from and under her and by her Authority and none else and more particularly to shew all the Church power was then lost without new power given by that Act a Clause is incerted in the said Act that She and her Successors shall give command under the great Seal of England to such commmissions as she pleased from time to time to hold Court Ecclesiastical and not otherwise To the same effect it is again declared by the Statute made the 8th of her Reign And it is most certain that by Vertue of the Clause in that Statute Primo Eliz. That gives power of granting Commissions to hold Spiritual Courts they did Act and without it neither Queen or King could grant such Commissions nor they hold any Courts without such Commissions Thus then it continued all the time of Q. Eliz. and by such Commissions they acted and no other Authority was known nor from her time can they shew other Authority to impower them but on the contrary they will find themselves lessened For in King Jame's time they acted by the same Authority and in full Parliament in 1610 it was owned of all hands In King Charles the first 's time the Spiritual Courts became a Burden to the Nation so great that the people were not able to bear them although they did Act by such Commissions or at least ought so to do which appears plain by the Statute 16 Car Primi which takes away all their whole power and as a reason or means to take away their power what do the Parliament do why it is most clear both by the Title and Body of the Act they tell you they must repeal that part of the Law of Q. Eliz. that gave power to grant Commissions for them to hold Spiritual Courts Therefore the taking away and Repealing that Branch of the Statute of Eliz. that gives power to grant Commissions it was taken for grant then that they had no power at all For no more of that Statute was Repealed is evident then what related to the Comissions they did not let them loose to Act as before it was so far from that that it appears they intended not to let them Act at all neither under the King in his Name nor any otherways whatever then in this of Car. 2d The Ecclesiastical persons meant to Repeal the Act of Primo Car. But mistook the year so in truth they did nothing at all but they may be liable to be called to account for all they have acted ever since nor can they Act with safety till this Law be mended for Acts of Parliament must be punctually repealed and exactly recited or else in Law it will not do But if that had been well Repealed it is far short of giving them any power for it is only to take away the Clause that was repealed about given Commissions to hold Courts but gives them no new power at all it doth not tell them notwithstanding the Laws of H. 8. Ed. 6. The rest of the Statutes of Elizabeth and the practice in King James time that they shall hold Courts in their own Names no it is so far from that that the Act saith expresly they shall have no other power by this Act or was it intended them then what they had in 1639 now if they can shew that they had any power given them between the year 1610 to the year 1639. Then I say they are right and may go on if not I appeal to all mankind what culler or pretence these men can have to hold Courts Spiritual at all much less by their own Prerogative or in their own Names which I take to be as unlawful and as directly against the Kings Prerogative as any thing can be For that since all power Spiritual and Temporal is by Law invested in the King they may as well hold Courts again under the Popes Authority and in his Name as in their own Names and it is a wonderful thing to consider that these Churchmen who cry down all for Phanaticks and tells the World at every turn they are Sedious and Disloyal that do not obey the Kings Laws and say as they say although sometimes they say and do they know not what themselves And yet what Phanatick is there this day in England does or ever did make so bold with the Kings Prerogative as these high Churchmen who in every of their Courts as they call them and every process they make say in effect as the great Cardinal Woolsey did when in his splender and glory in England Ego Rex meos But I considering we are here discoursing of Protestant Churchmen and knowing well their very Tongues are tipped with Loyalty We must not therefore venture to say more or meddle further then to beg their Charitable opinion once to a Discenter both from their Courts and Cannons FINIS
with the style of the Ring as it is in Writs Original or Iudicial at the Common Law And that the Test thereof he in the name of the Arch-Bishop or Bishop or other having Ecclesiastical Iurisdiction who hath the Commission and grant of the Authority Ecclesiastical immediately from the Kings Highness and that his Commissary Official or Substitute exercising Iurisdiction under him shall put his name in the Citation or Process after the Test Further be it enacted by the Authority afore 〈◊〉 That all manner of person or persons who have the exercise of Ecclesiastical Iurisdiction shall have from the first day of July before expressed in their Seals of Office the Kings Highness Arms decently set with 〈◊〉 Characters 〈◊〉 the Arms for the knowledge of the Diocess and shall use no other Seal of Iurisdiction 〈◊〉 where his Majesties Arms be ingraven upon pain that if any person shall use Ecclesiastical Iurisdiction after the day before expressed in this Realm of England Wales or other his Dominions or Territories and not send or make out the Ciration of Process in the Kings name or use any Seal of Iurisdiction other thau before limited that every such Offender shall incur and run in the Kings Majesties displeasure and indignation and suffer Imprisonment at his Highness will and pleasure Provided that no more nor other Fées be taken or paid for the Seal and Writing of any Citations or other Process than was heretofore accustomed Provided also and be it Enacted by the Authority aforesaid That the Arch-Bishop of Canterbury for the time being shall use his own Seal and in his own name in all Faculties and Dispensations according to the Tenor of an Act thereof made And that the said Arch-Bishops and Bishops shall make admit order and reform their Chancellours Officials Commissaries Advocates Proctors and other their Officers Ministers and Substitutes and Commissions of Suffragan Bishops in their own names under their own Seals in such manner and form as they have heretofore used And shall certifie to the Court of Tenths their Certifitates under their own names and Seals as heretofore they have used and according to the Statute in that case made and provided And likewise shall make collations presentations gifts institutions and inductions of Benefices Letters of Order or Dismissories under their own Names and Seals as they have heretofore accustomed any thing in this Act contained to the contrary notwithstanding Provided always and be it Enactes by the Authority aforesaid that all Process hereafter to be made or awarded by any Ecclesiastical person or persons for the Tryal of any Plea or Pleas or matter depending or that horeafter shall depend in any of the Kings Courts of Records at the Common Law and limited by the Laws and Customs of this Realm to the Spiritual Courts to try the same that the Certificate of the same alter the Tryal thereof shall de made in the Kings name for the time being and with the style of the sanle King and under the Seal of the Bishop graved with the Kings Arms with the name of the Bishop or Spiritual â—â—â—cer being to the Test of the same Process and Certificate and to every of them This being then the Law that not only the power of Spiritual Courts and all manner of Jurisdiction must be derived from and under the King but also if they hold any it must be in the Kings name with his Arms in their Seals and all Process must have the Kings Title and not their own otherwise than to the Test of the Process as in judicial proceedings in other Courts If this be so as there is no man dare own the contrary then what colour have the Bishops in their Spiritual Courts at this day to hold them in their own names and to send out Process under their own Seals as if they were all paramount the King and even as big as the Pope himself for so runs their Process viz. I cite you to appear before me c. at such a place Now I would feign know what this I is whether it be I Pope or I Jesuite or I Turk that dare be thus bold with the Law and their Soveraign not only in eclipsing his Prerogative but indeed fetting themselves above him and the Law too surely should but a Fanatick dare to do but one half so much it would be both hell and damnation if not the Fanatick Plot so much talked of by these great Loyalists But I must now come to shew you what they pretend against this Law for had they no excuse at all they would not be legitimate Their pretence therefore is this that Queen Marr when she came to the Crown repealed all Laws that diminished the authority of the See of Rome among which they say this Act was one but how this will help them the Reader may judge if it were so which cannot be allowed For thus it is 1 2 P. M. Cap. 8. in the first and second of Philip and Mary an Act was made viz. An Act repealing all Articles and Provisions made against the See Apostolick of Rome since the 20th of K. H. 8. and for establishing all Spiritual and Ecclesiastical possessions and hereditaments conveyed to the Laity In this Statute there are diverse Acts repealed by name but this Act of Ed. 6. is not named but is supposed to be implyed because that was against the Jurisdiction of Rome but if that be a good repeal without naming the Statute it ought to be well considered However if it were so that will stand them in but small stead for in Queen Elizabeth's reign all this whole Statute of Repeal is repealed then if so those Acts are in force again And so this excuse for holding Courts in their own names and by the Authority of their Canons cannot help them but leaves them in the same condition as in Henry the Eighth and Edward the Sixth's time in which they had no power at all This plainly appears by the Statute of 1 Eliz. cap. 1. which restores to the Crown the Ancient Jurisdiction and abolishes all foreign power in Causes Ecclesiastical and repeals the Statute of Repeal made in the first and second of Philip and Mary Which is as follows An Act to restore to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual 1 Eliz. cap. 1. and abolishing all foreign power repugnant to the same Which begins thus Sect. 1 Most humbly beseech your most Excellent Majesty your faithful and Obedient Subjects The Lords Spiritual and Temporal and the Commons in this your present Parliament assembled That where in the time of the reign of your most dear Father of Worthy Memory King Henry the 8th divers good Laws and Statutes were made and Established as well for the utter extinguishment and puting away of all usurped and Foreign powers and Authorities out of this your Realm and other your Highness Dominions and Countries as also for the restoring and uniting to
the Imperial Crown of this Realm the Ancient Iurisdictions Authorities Superiorities and Preheminencies to the same of right belonging and appertaining by reason whereof we your most humble and obedient Subjects from the five and twentieth year of the reign of your said dear Father were continually kept in good order and were disburdened of diverse great and intollerable charges and exactions before that time unlawfully taken and exacted by such Forreign power and authority as before that was usurped until such time as all the said good Laws and Statutes by one Act of Parliament made in the first and second years of the Reigns of the late King Philip and Queen Mary your Highness Sister intituted an Act repealing all Statutes Articles and provisions made against the See Apostolick of Rome since the twentieth year of King Henry the eight and also for the Establishment of all Spiritual and Ecclesiastical possessions and Hereditaments conveyed to the Laity were all clearly repealed and made void as by the same Act of Repeal more at large doth and may appear By reason of which Act of Repeal your said humble Subjects were eftsoons brought under an usurped Forreign power and Authority and yet do remain in that bondage to the intollerable charges of your loving Subjects if some redress by Authority of this your high Court of Parliament with the assent of your Highness be not had and provided Sect. 2 May it therefore please your Highness for the repressing of the said usurped Forreign power and the restoring of the Rites Iurisdictions and Preheminencies appertaining to the Imperial Crown of this your Realm that it may be Enacted by Authority of this present Parliament That the said Act made in the first and second years of the Reign of the said late King Philip and Queen Mary and all and every branches Clauses and Articles therein contained other then such branches Clauses and Sentences as hereafter shall be excepted may from the last day of this Session of Parliament by Authority of this present Parliament be repealed and shall from thenceforth be utterly void and of none effect Sect. 16 And to the intent that all Vsurped and Forreign power and Authority Spiritual and Temporal may for ever be clearly exting uished and never be used or obeyed within this Realm or any other your Majesties Dominions or Countries May it please your Highness that it may be further enacted by the Authority aforesaid That no Forreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last day of this Session of Parliament use entry or exercise any manner of power Iurisdiction 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 thence forth the same shall be clearly abolished out of this Realm and all other your Highness Dominions for ever any Statute Ordinance Custom Constitutions or any other matter or cause whatsoever to the contrary in any wise notwithstanding Sect. 17 And that also it may please your Highness that it may be established and enacted by the Authority aforesaid that such Iurisdictions Priviledges Superiorities and Preheminencies Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical power or Authority hath heretofore been or may fawfully 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 Herefies Shismes 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 Now by these Branches of this Statute it is most clear that all manner of Jurisdiction in Causes Spiritual and Ecclesiastical is more absolutely invested in the Crown then ever before so that if that of Edward the sixth be repealed yet here it is past all doubt that Act is now by this more inforced then ever And that it may appear more plain that no Court Spiritual was to Act any more but by Authority from the Queen in the next Section of this Statute of 1. Eliz. Power was given to the Queen in express words to grant Commissions to hold Courts under the great Seal of England or else by this Statute none could be held at all neither in their own name nor in the name of the Queen which branch of the said Statute runs thus Sect. 18 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 born Subjects to your Highness your Heirs and 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 member of Iurisdictions Priviledges and Preâ—enâ—nences in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these your Reaâ—â—s of England and Ireland or any other your Highness Douâ—â—â—ions and Countries and to vis it reform redress order correct and amend all such errors herisies schisms abirses offences contempts and enormities whatsoever which by any manner of Spiritual or Ecclesiastical power Authority or Iurisdiction 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 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 premises according to the Tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding Here it is most evident that the Queen had the only sole power to nominate and appoint by her Commission under the great Seal of England both lay-men as well as Bishops to exercise Ecclesiastical Jurisdiction when and as often as she pleased and it is most evident it was not to be done at all without such Commissions But besides this Law it was the practice both in the times of Edward the sixth Queen Elizabeth and King James That all the Bishops and the Spiritual Courts whatsoever were held by such Commissions and to satisfie the Reader I have here inserted a Copy of one of them taken out of the Rolls Verbatim viz. Elizabeth by the Grace of God Rot. 9. Pars. 10. Eliz. c. To