Praepositus aut minister Regis nec aliquis Laicus homo de legibus quae ad Episcopum pertinent se intromittat nec aliquis laicus homo alium hominem sine justitia Episcopi ad judicium adducat Iudicium verò in nullum locum portetur nisi in Episcopali sede aut in illo loco quem ad hoc Episcopus constituerit And the punishment for disobedience to the Ecclesiasticall Iudges was much alike as formerly was enacted under the Saxon Kings As by King Alured Si quis Dei rectitudines aliquas disforciet reddat Lashlite cum Dacis Witam cum Anglis And the same law is afterwards confirmed and renewed by King Canutus by other Kings whereby it appeares how before the Conquest and likewise after for a long time the authority and jurisdiction of the Church was maintained and upheld by the setled lawes of the Kingdome How they had power in their Courts to excomunicate and further by the helpe of the King and the Sheriffe to proceed against stubborne offendors and such asopposed or contemned their authority so that here is the present practise and law confirmed by many hundred yeares continuance And this is according to that which Iustinian saith of all spirituall causes in the Novell 123. si pro criminal si Ecclesiasticum negotium sit nullam communionem habento civiles Magistratus cum ea disceptatione sed religiosissimi Episcopi negotio finem imponunto If it be an Ecclesiasticall suite let the civill Magistrates have nothing to doe there with that plea but let the Bishops end it Whereby it appeares that Prohibitions from the temporall courts were not then allowable which certainly came not into use till after the Councell of Clarendon under Hen. 2. Wherein the Clergy were inforced to appeare in the temporall Courts one Canon thereof being Clerici accusati de quacunque re summoniti à Iustitiario Regis veniant in Curiam responsuri ibidem de hoc unde videbitur Curiae Regis quid ibi sit respondendum et in Curia Ecclesiastica unde videbitur quod ibi sit respondendum Ita quod Regis Iustitiarius mittet in Curiam sanctae Ecclesiae ad videndum quo modo res ibi tractabitur Et si Clericus vel confessus vel convictus fuerit non debet eum de caetero Ecclesia tueri But touching this and the rest of the Constitutions in that Councell Matth Paris doth sharply inveigh against them Hancrecognitionem sive recordationem de consuetudinibus et libertatibus iniquis et dignitatibus Deo detestabilibus Archiepiscopi Episcopi et Clerus cum Comitibus Baronibus et proceris juraverunt And as he addeth His itaque gestis potestas laica in res et personas Ecclesiasticas omnia pro libitu Ecclesiastico jure contempto tacentibus aut vix murmurantibus Episcopis potius quà m resistentibus usurpabant And this appeareth also by that which Mr Selden relateth in his notes upon Eadmer pag. 168. that long after in Ed. 1. time the Clergy had so many oppositions and hinderances in their proceedings from the temporall Courts that they exhibited a petitionin Parliament wherein they recitethe grant and Constitution of Will 1. allowing them their owne Courts by themselves and specify their complaints particularly which hecalleth Gravamina Ecclesiae Anglicanae and saith they arethose mentioned in the Proeme of Articuli cleri And in this age we have great cause to complaine of Prohibitions but whereof I will say no more now as for the temporall Courts the Conquerour appointed them to follow his Court Royall which custome continued for many yeares till under King Iohn at the instant request of the Nobility it was granted Vt communia placita non sequentur curiam 1. Regis Sed in loco certo tenerentur That the Courts of Iustice for common pleas should not follow the Kings Court Royall but be held in a place certaine as now commonly they are in Westminster Hall Whereas before the Kings appointed one Grand-Lord chiefe Iustice of all England who for his authority and power was a greater Officer both of State and Iustice then any in these last Ages ever since that Office was diminished by King Ed. 1. and most of those great Iustices were Bishops till at length the Pope forbad it XXIIII But the Courts being now divided in the kingdome many hundred yeares the Ancient manner is forgotten and unknowne save only to the learned and the scarres of the Norman Conquest are so overgrowne that few men are sensible what reliques of slavery doe still remaine upon us by changing the order of the Courts the language of the law in great part with other things that I will not now mention But being so setled by the Conqueror and continued by his successours the Temporall Courts in processe of time grew too powerfull for the Ecclesiasticall and by their Injunctions and prohibitions stopt many proceedings especially after the Councell of Clarendon under Hen. 2. Wherein the power of the Clergy was much abated And all Ecclesiasticall Iurisdiction so crushed that it continued lame ever after although the Clergy by appeales to Rome did oftentimes help themselves and much molest their adversaries At length under Hen. 8. upon his breach with the Pope the Ecclesiasticall Iurisdiction was much abridged and restrained in very many particulars and reduced to a narrow compasse becoming much more subject and obnoxious to the Injunctions orders and prohibitions of all the Temporall Courts that now I marvell that any should complaine or envy at their power or greatnes there being no cause of any value or moment but by one order or other isdrawne from them to the Temporall Courts And now at last there want not some that would have all Ecclesiasticall Authority and Iurisdiction either wholy suppressed from the first Court to the last or at least so abated mingled or changed that what forme or force of government shall be left remaining seems very uncertaine But if Presbyteries and such like consistories of the forraigne and new fangled devising were erected there will follow great confusion and disorder to the infinite disturbance of peace and quietnesse in the kingdome by alteration ofso many lawes and customes and of the common law it selfe whereby the kingdome hath been governed so many yeares and setled in peace and all mens estates and lands held in certaine possession For such great and universall changes as will follow upon the dissolution of the Hierarchy and taking away their votes in Parliament and other eminent parts of government will produce such ill events and troublesome distractions as will not be pacified within the compasse of any mans life now in being Which I heartily pray God to prevent and by his good spirit so to direct and blesse the endeavours and counsells of the supreame Court of Iustice now assembled that all our feares and doubts may bee quieted and the voice of peace and truth restored to our dwellings
owne some of the Emperours before him even from the dayes of Constantine the great which shew that Bishops in their Episcopall Audience sate not without their Chancellours although their Chancellours sate often without the Bishops whose higher charge in Christs Church permitted not the Bishops presence in Court causes ordinarily And though not under the name and title of Chancellours nor alwayes Vicars Generalls Officials nor Commissaries yet they had other titles but the same offices Ecclesiastici or Episcoporum Ecdici as much as to say as Church-Lawyers or Bishops Lawyers professed Civilians and Canonists of that age the very selfe-same Officers and Office that the Bishops Vicar-generalls then were and now are Who together with the Bishops then made and doe now make but one and the same Tribunall and Consistory their Commissions they held from the Bishops but their Iurisdiction from the Law And the cause why the Imperiall power furnished the Bishops with these Officers was the multitude and variety of Ecclesiasticall causes more in that age then now the decisions whereof in their Consistories being left to the Bishops the Emperour doubted might have drawn them from prayer and divine exercises And a second reason was that the cause of the cognisance of their Courts weremore likely to have thereby a more speedy ready and Iudicious triall before Iudges of the same learning which require a whole man then before Iudges of another though an higher requiring as the Bishops pastorall office doth a whole man too And a third reason also may be added Because that clerkes suits and quarrells should not be divulged and spread abroad amongst the secular sort which trenched many times upon the whole profession especially in Capitall matters wherein Princes aunciently so much tendred the Clergy that if a Clerke had committed an offence worthy of death or open shame whereby he became perpetually infamous hee was not first executed or put to open shame before hee was degraded by the Bishop and his Clergy and so was executed and put to shame not as a Clerke but as a laymalefactour for the Honour and dignity of Priesthood It were to be wished this order were retained still that Clerks should not passe immediatly when they fall into such excesses from the Altar to the halter but hang or suffer other shame without their Priesthood which order if it were retained still or might be restored would much honour the Church and no whit derogate from the Iurisdiction of the Crowne But this and whatsoever else is said here I submit to the censure of superiours A DETERMINATION OF A Question made by the right Reverend IOHN DAVENANT late Bishop of SARUM QUAEST. 11th Civill Jurisdiction is by right granted to Ecclesiasticall PERSONS IT is by the warrant of Christ himselfe that the Church doth claime and execute a spirituall Iurisdiction in punishing the offences of her children For it can admit an accusation against the inordinate courses of any Christian and hath power to chastise him being by sufficient witnesses convicted either by him the sacraments or if he continue obstinate in his wickednesse by an utter exclusion of him from the fellowship and communion of other Christians I know none so malignant or unskilfull in Ecclesiasticall affayres that will deny this Authority which indeed goes not beyond Excommunication to have been conferred on Church-men from the beginning by divine Institution But in this our Church Christian Princes have furthermore allowed the Clergy temporall authority by vertue whereof they inflict civill punishments on Heretiques Schismaticks and other despisers of the Church As also many sage and grave Divines are in divers places endowed with the publique power of Iustices of Peace Concerning this Iurisdiction let us enquire whether it may lawfully be granted to Church-men which that it may lawfully be done these following Reasons have induced me to believe It is first to be considered thatboth these Iurisdictions tend to the same end of promoting Iustice and bridling vice but with this difference that that power which is meerly spirituall makes use only of spirituall means whereas the weapons of civill authority be coactive and externall as Imprisonment Fines and corporall punishments Here therefore would I know why it should be esteemed a wicked and unlawfull act not suiting to the holy function of a Priest to correct Hereticks Schismaticks and other vile and notorious disturbers of the Christian Common-wealth's Peace as well with civill and bodily chastisements as those of the spirit where Power is given them so to doe To resist and pull downe vices by either way is a good and plausible action and of it 's selfe misbeseeming no Person though never so holy The blessed Angellsof Heaven deeme it a thing in no wise contrary to their sanctity in the name and command of God to smite the prophane with corporall Punishments Why then should the Angells of the Church thinke it not lawfull to adjudge the same delinquents to any deserved punishments when by the decree of their Soveraign Gods Vice-gerent here on earth it is so determined For the Execution of civill Authority is not of it's selfe repugnant to any Person how holy soever nor disagreeing to the office of Priesthood Againe the high and absolute Power of the Giver perswades me that Church-men doe by good right exercise this Iurisdiction For the King being by God's appointment the Fountaine of all civill Authority may without offence derive some rivelets thereof to what Persons he shall thinke fit whether Lay or Ecclesiasticall I said but some rivelets because though no Temporall office by Gods lawes are forbidden the Clergy wisdome and equity permit not Kings so farre to burthen them with state affaires as wholy to divert them from their spirituall Function This Power therefore is so to be entrusted to them as it may be an Ornament or Furtherance to the Church government no hinderance or obstacle thereunto But it is not for every vulgar judgment or envious Peece to determine how farre this Iurisdiction is to be granted to the Clergy so that it may helpe and not trouble them in their Ministery But what Aristotle the life of Philosophers said concerning the Meane in vertues that it is so to bee order'd {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} as the wise man shall think fit May be applyed to this Temporall Iurisdiction that it is so farre to bee communicated to Church-men as a Iudicious and wise Prince shall thinke convenient Seeing then it hath pleased Christian Kings to arme the Clergy with some civill Iurisdiction and ordaine that to the greater improvement of Christianity and casting downe of wickednesse they should exercise both Ecclesiasticall and civill Iurisdiction it is most apparantly lawfull and pious and plainely necessary by the ayde of both Iurisdictions as with a two-edged sword to preserve piety and the Peace of the Church and cut of it 's Opposers 3ly Because to many it seems unfitting the successours
of the Apostles should exercise an Authority which the Apostles themselves had nothing to doe with Let us observe the difference of Times and thence gather that this civill Iurisdiction is as expedient and necessary to the Divines of our Time as it was altogether unnecessary and unprofitable to the Apostles Civill Iurisdiction is by the chiefe Magistrate to be conferred on those that are subordinate and according to his lawes to bee administred As long therefore as the Rulers of the earth waged warre against the Truth of the Gospell neither could they assigne nor the Apostles without scandall to Christ and the downefall of Religion have received any Temporall Power from their hands But since Kings and their lawes began to subject themselves to Christ civill Authority by them given to the Ministers of Christ might-have been a great furtherance to the advancement of the Gospell and more happy government of the Church Furthermore the Apostles and Fathers of the primitive Church were from heaven endowed with an extraordinary and miraculous power which did more availe to the confirmation of Christians in Faith and Obedience then any civill Authority But now the government of the Church is in the hands of Ordinary Ministers who being disarmed of that divine and miraculous power are conveniently guarded with this Temporall and Ordinary Iurisdiction Lastly when the Christian Church was in her Infancy Piety was more deepely rooted in the breasts of the Disciples and if they would have resisted the discipline of the Church their rebellious minds were soone quelled by the cruelty of persecution and hourely imminent danger of violent death But now the Christian world wholly possessed and carried away with Pride and Luxury hath so cleane layd aside all respects of Piety and Modesty that all the spirituall power of the Clergy and Church-discipline if not seconded by civill Iurisdiction breeds rather scorne and contempt then amendment in the malitious remorse of this present age Thinke then what rash and incompetent Iudges they are who from the Apostles and their dayes conclude temporall Authority not requisite to our Ordinary Ministers A fourth Argument may be drawne from God's owne Institution and the most ancient practice of the Church God himselfe under the law did annect civill lurisdiction to the office of Priesthood it is therfore no strangething nor against the divine Law that a Church-man should beare sway in temporall affayres Heli Samuel the Macchabee's together with all the high Priests in the old Testament did exercise this kind of Authority but why it continued not so for some hundred yeares after the Gospell is made evident by reasons above alleadged But since Constantine the Great submitted his Imperiall Scepter to Christ you shall in all Ages finde the godly Bishops and Fathers of the Church administring civill Iurisdiction by Religious Emperours to them imparted which if time would serve might be clearly testified out of Ecclesiasticall Histories and Councells and out of the Emperour 's owne lawes but these are so sufficiently knowne to the learned that the citation thereof would prove an unnecessary Trouble Lastly let us out of our adversaries owne grants and confessions prove what they themselves deny They grant the Clergy a Iurisdiction whereby they can cite before their Courts Hereticks Drunkards Adulterers and such like infamous persons admitaccusations against them heare and examine witnesses and give sentence of Excommunication on those that are lawfully convicted If by vertue of spirituall Iurisdiction from Christ received they can doe these things why shall they not by the accession of secular Iurisdiction by the King conferred imprison the same Malefactours or by such like civill punishments bridle their loose incontinencies This Act of Correction is no lesse warrantable in it's owne nature then that of Excommunication both being put in execution by just and legitimate Authority neither doe corporall punishments lesse conduce to the Reformation of delinquents and the Churches good then those meerly spirituall Therefore by the allowance of superiour Authority it is no lesse expedient that Clergy-men should inflict one kinde of chastisement rather then another In a word learned Mr Calvin doth grant that what controversies soever happened between Christians to avoyd strife and division they were wont to referre them to their Bishops by their judgement to be decided And St Augustine tells us that he dayly spent some time in secular affayres either by his sentence determining and setling them or cutting them off by his interposition Furthermore he records that St Paul employed Church-men in such troublesome matters If private Christians doe lawfully commit their civill controversies to the arbitrement of Bishops surely Christian Kings may to the same Bishops lawfully commit the Iudgement of the like causes if at the request of private men it bee not unlawfull for Church-men to intermeddle with secular businesses it cannot bee unlawfull to doe the same by the appointment of the King For as the matter stands hee doth no left interest himselfe in State-affayres who decides controversies as an Elect Arbitratour then he who decides the same as a Iudge ordained by the Prince Let us conclude that ambitiously so hunt after or with prejudice to the function of Priesthood to exercise civill jurisdiction is a proud and unlawfull act But to accept of civill Iurisdiction from the hand of a King and to administer the same to the better establishing of the Peace and Discipline of the Church is an act lawfull and praise-worthy most agreeable to the ancient practise of the Church and no wayes repugnant to the divine Scriptures FINIS Lambard p. 1. Concil. pag. 186. Lambard p. 57. Concil. p. 402. Concil. pag. 423. Concil. pag. 127. Bed lib. 2 cap. 5. Concil. pag. 206. LL. Ed. Confess cap. 31. Decanus Episcopi reliquas decem partes habeat LL. AEthelst pag. 406. Epist ad Regen Tum in vita tum in funere Concil. Haupam pag. 515. LL. Ed. Conf. cap. 3. LL. Guliel in prooem. 1. Sermon 37. H. 8. cap. 16. pag. 42. pag. 43. pag. 44. Page 309 Page 45. Vers. 3 4. Concil. 402. De Rom. Pontif. l. 1. cap. 5. Pag. 29. 1. Chron. 26. 29. Levit. 13. Num. 5. Deut. 21. 19. Deut. 21. Deut. 17. 8. 2. Chron. 19. Num. 11. 16. Antiquit. lib. 4. cap 8. 2. Sam. 6. 1. Chron. 13. 12. Selden not ad Eadmer p. 166. Proeem LL. Guil. 1. Glossar p. 315 Lambard p. 80. Con. p. 377. Concil p. 568. cap. 17. Anno 1164. Vid. Selden Dist. 15. can. 1. Quae fuit plenaria Conciliorum forma Novel 83. cap. 10. Mat. 18. 18. 1. Cor. 5. 4. 2. Thess 3. 14. Argum. 1. 2. Cor. 10. 4 5 6. Act. 12. 23. Apoc. 2. 1. Argum. 2. 1. Pet. 2. 13. 14. 2. Tim. 3. 4. Exh. 2. c. 6. 1. Tim. 2. 2. Rom. 13 3. 4. Argum. 3. Argum. 4. Argum. 5. Calvin Inft. 4. 10. 11. De opere Monach 29.
families and also made obnoxious to all lawes suits and impositions without any exemptions or priviledges So that it is but a monasticall and in part a Popish fancy to talke so much of applying their studies and only preaching the Gospell for by many a writ and warrant from severall Courts of Iustice and Constables they shall be hindred and commanded to attend secular and litigious proceedings and answer to all bills of complaint declarations and vexations that shall hinder their preaching and studies more then a voluntary imployment at fit seasons in some publique Office XVII Further it is but a Popish opinion that Regimen Ecclesiasticum est distinctum à politico Which Bellarmine maintaines taking it for granted on both sides only to advance the Papacy above Kings and Princes and to exempt the Clergy from secular authority Calvin affirmes as much Instit. lib. 4. cap. 11. 1. but under correction I take it to bee a great errour though now it is the common Idoll of every mans fancy because that in our kingdome and so perhaps in most others the Courts of Iustice are divided the Civill from the Ecclesiasticall which yet I doe not think was the ancient manner nor to be the best course though things be sleighted as now they are at this present it is not safe to change for in a Commonwealth the Courts of Iustice that have been long setled cannot easily be altered XVIII There is a discourse about Puritans lately published by a Lawyer one Mr Parker wherein he excepts against Calvin and I think not amisse in that he doth according to the Popish grounds maintaine that spirituall jurisdiction differs from temporall because it proposeth not the same ends but severall which by severall meanes may be better compassed But saith he the spirituall Magistrate as I conceive can purpose no other end then which the secular ought to ayme at for either the Prince ought to have no care at all of the honour of God and the good of men and that which is the prime meane of both true Religion or else his ends must be the same which the Prelate aymes at viz to vindicate Religion by removing or correcting scandalous offendours Secondly to preserve the innocent from contagion by the separation of of open offendors Thirdly to prevent further obduration or to procure the amendment of such as have trangressed by wholesome chastisment Thus he and I thinke not much amisse the scope and end of both is the same and as he saith a little before in his discourse Clergy men being as well citizens of the Common-wealth as sonnes of the Church and their cases importing as well perturbance of the state as annoyance to the Church there can be but one head which ought to have command over both and in both It is manifest also that many cases are partly temporall and partly spirituall and that scarce any is so temporall but that it relates in some order to spirituall things or any so spirituall but that it hath some relation to temporall things so that the true subject of Ecclesiasticall and civill Iustice cannot rightly be divided I demand then why should the Courts bee divided which was done first among us by William the Conquerour And why should not there bee Iudges partly spirituall as well as temporall in all Courts saving for the danger of innovation as it was anciently among the Saxons or at least why should not the supreame Court of Iustice which is to give law to all other Courts bee well tempered and mingled with all sorts of men Ecclesiasticall and Civill the wisest and choycest that can be found in the whole state and kingdome Why not Priests and Levites admitted into the number as well as in the Sanhedrim of the Iewish commonwealth which was equall to our Parliament and was instituted by God himselfe And I take it there can be no just exception but that our Christian Commonwealths may most safely follow the generall Rules of policy and government which God ordained among his owne chosen people without any imputation of Iudaisme Now among them some of the Priests and Levites were not only Iudges and Elders in their own cities which were allowed them to the number of 48. in the whole but sate with the Elders of other cities and were Iudges and Officers over Israel Yea many things by Gods law were wholy and chiefly reserved to the knowledge and sentence of the Priests as Leprosy Iealousy Inquisition for murder False witnesse and such like which now among us for most part belong to the commonlaw in which cases the people Elders were to consult the Priests and take direction from them And so Bertram in his treatise de politia Iudaica cap. 9. doth make it manifest prorsus est extra controversiam judices municipales cujusque civitatis ut vocantur seniores suisse chiliarchos centuriones quinquagenarios decuriones tot quot esse poterant in quâque civitate ita ut ex illis Levitae quidam in praefectos assumerentur si modò in ea aliquot erant Levitae sin minùs ex proxima urbe Levitis assignata advocabantur And againe in his cap. 10. David in civili politia dicitur ex Levitis destinâsse Iudices praefectos sexies mille Ex Levitis Iudices praefecti assumpti sunt hac ratione ut primùm essent ex Levitis quidam qui Assessores essent Iudicum ordinariorum municipalium qui seniores dicebantur qui aliquando de plano ut vulgò lequuntur judicarent de rebus levioribus quales erant pecuniariae vel soli vel assumpto uno aliquo ex loci vel urbis senioribus deinde ut essent etiam quidam alij qui judicatas res exequerentur vel certe quod verisimilius est qui assessores erant judicum ordinariorum qui et ipsi de rebus pecuniarijs cognoscerent et judicarent ipsamque rem judicatam exequerentur c. Ex eâdem familiâ adhibiti sunt ad regendam Ecclesiam ad politiam civilem gubernandam ita tamen ut nulla esset utriusque politiae confusio permixtio cap. 11. ad utrumque judicium tam civile quà m Ecclesiasticum adhibiti sunt Levitae in praefectos eodem videlicet modo quo eos ad id muneris designaverat David c. Thus and much more to this purpose Bertram doth often throughout his book deliver his judgement that the Priests and Levites were Iudges in the civill Courts of Iustice and not only in the Ecclesiasticall To this Sigonius agreeth lib. 6 de repub Heb. cap. 7. speaking of the Sanhedrim Inivere hoc Concilium Rex cum principibus populi ac septuaginta senioribus populi Pontifex cum Principibus sacerdotum scribis id est legis doctoribus ut perspicere liquet ex Evangelijs ubi agitur de judicio Christi Voco autē principes populi duodecim principes tribuum qui Regi assidebant
When the Arke of God whereunto they sought not in the dayes of Saul had continued long at Kiriath jearim David out of his zeale and piety was moved to prepare a Tent for it inthe city of David and when he began to remove it hee called a great Assembly of principall men but did not make that use of the Priests and Levites as he ought to have done and therefore the Action prospered not but there happened a terrible Iudgement upon VZZah which hindred the progresse of the good worke and David was afraid of God that day saying How shall I bring the Arke of God home to me So the Arke rested in the house of Obed Edom. But afterwards upō better advise David perceived his errour and he confesseth it cap. 15. 12 13. speaking to the chiefe of the Priests and Levites Sanctify your selves both yee and your brethren that you may bring up the Arke of the Lord God For because you did it not at the first The Lord God made a breach upon us for that we sought him not after the due Order This was a great and a godly worke that was then intended and therefore King David called a great Parliament about it 1. of the Elders of Israel 2. of the captaines of thousands and hundreds whose names and praises are recorded 1. Chron. 11. 26. 3. the Priests and Levites who did it not at the first ver. 13. But now upon better advise King David assembled with the first the children of Aaron and the Levites ver. 4. So that men of all Estates were now present in this godly worke This is to bee marked well of Princes and of all those of any high calling or degree that hath to doe in Gods cause David doth nothing in matters pertaining to God without the presence and especiall concurrence of Gods Ministers appointed to bee spirituall rulers in Gods Church And at the first meant to convay the same Arke to Ierusalem finding their absence and want of their Counsell hurtfull therefore hee saith to them Yee are the chiefe Fathers of the Levites Because yee did it not at the first Thus saith King Iames of blessed memory but now there is a generation of men who doe not thinke the Clergy necessary men to bee consulted that will interpret scriptures remove the Arke as it were and doe things without the presence vote and suffrage of the chiefe Fathers of the Levites which how it agreeth with this pious example of King David and King Iames meditation upon it I leave to be considered and submit to better judgements XXI The first frame of our English Commonwealth was so fetled and ordered by the Saxon Kings when once they became Christians That the Bishop in his Diocesse together with the Earle of the County and so their deputies in inferior Courts under them should be equall Iudges together upon the same Bench in the same Courts and there determineall causes in the forenoon Church-matters and in the afternoon secular busines As Bishop Iewell in part observeth in his Defence of the Apology part 6. pag. 522. This course continued till William the Conquerour and perhaps it had been very happy for our Commonwealth if the frame of our laws and Courts had so still continued mingled together for many reasons that I will not now insist upon XXII The Conquerour first separated the Temporall Courts from the Ecclesiasticall yet not diminishing the authority of the Churches Iurisdiction which by his oath he confirmed and promised to preserve affirming quòd per Ecclesiam Rex Regnum solidum habent subsistendi fundamentum So that he subverted not the Ecclesiasticall power and Iurisdiction but as formerly in the County or in the Hundred so now in the Bishops Court all Ecclesiasticall causes were heard and determined for the old manner the lawes of King Edgar doe shew it cap. 5. Intersit unusquisqueHundredi Gemoto ut superiùs est praescriptum habentur burgemoti tres quotannis duo verò scire gemoti de istis adsunto loci Episcopus Aldermanus doceatque alter jus divinum alter seculare In Hundredo aderant Thani quos Baroues vocant posteri ut patet è LL Ethelredi cap. 1. ipsique judices Ecclesiastici cum partis illius clero in Hundredo enim non minùs quà m in comitatu unà tunc agebantur quae ad forum pertinent Ecclesiasticum quae ad seculare donec Gulielmus Conquestor divisis jurisdictionibus hanc ab illa separavit XXIII For the Division of the Courts and the erection of the Ecclesiasticall to sit by themselves under the Bishop and Archdeacon it appeares by the Charter of King William to the Deane and Chapter of Lincolne And although it be sent in the direction by name to them only yet it seems it grew afterwards to be a generall law no otherwise then the statute of circumspecte agatis that hath a speciall reference only to the Bishop of Norwich as Mr Selden relateth in his history of Tithes cap. 14. 1. in his Ianus lib. 2. 14. and in his not ad Eadmer pag. 167. The words of it as they are recorded are Willielmus gratiâ Dei Rex Anglorum Comitibus vicecomitibus omnibus Francigenis Anglis qui in Episcopatu Remigij Episcopiterras habent salutem Sciatis vos omnes caeteri mei fideles qui in Anglia authoritate praecipio ut nullus Episcopus vel Archidiaconus de legibus Episcopalibus ampliùs in Hundret placita teneant nec causam quae ad Regimen animarum pertinet ad judicium secularium hominum adducant sed quicunque secundùm Episcopales leges de quacunque causâ vel culpâ interpellatus fuerit ad locum quem ad hoc Episcopus elegerit nominaverit veniat ibique de causa sua respondeat non secundùm Hundret sed secundum Canones Episcopales leges rectum Deo Episcopo suo faciat Which I the rather transcribe here because also it seemes togive the originall of the Bishops Consistory as it sits with us divided from the hundred or County Court wherewith in the Saxon's time it was joyned And in the same law of his is further added Hoc etiam defendo ut nullus laicus homo de legibus quae ad Episcopum pertinent se intromittat c. Thus M. Selden only the words of the charter are more fully recited out of the Records by another learned Authour Si verô aliquis per superbiam elatus ad justitiam Episcopalem venire noluerit vocetur semel et secundò et tertio Quòd si nec sic ad emendationem venerit excommunicetur Et si opus fuerit ad hoc vindicandum fortitudo et justitia Regis vel Vicecomitis adhibeatur Ille autem qui vocatus ad justitiam Episcopi venirenoluerit pro unaquaque vocatione legem Episcopalem emendabit Hoc etiam defendo et meâ authoritate interdico ne ullus Vicecomes aut