Selected quad for the lemma: book_n
Text snippets containing the quad
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A65678
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The Bishops Courts dissolved, or, The law of England touching ecclesiastical jurisdiction stated wherein it appears that the spiritual courts want both power and might to execute their wills upon his Majesties good subjects at his day : being a short and brief account of the several statutes made concerning the spiritual and ecclesiastical jurisdiction / by E.W.
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Whitaker, Edward.
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1681
(1681)
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Wing W1701; ESTC R186469
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32,330
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43
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Memory King Henry the Eighth as well by all the Clergy then of this Realm in their several Convocations as also by the Lords Spiritual and Temporal and Commons assembled in divers of his Parliaments was justly and rightly recognized and knowledged to have the supream Power Iurisdiction Order Rule and Authority over all the Estate Ecclesiastical of the same and the same Power Iurisdiction and Authority did use accordingly And that also the said late King in the 25th Year of his Reign did by Authority of Parliament amongst other things set forth a certain Order of the manner and form how Arch-Bishops and Bishops within this Realm and other his Dominions should be Elected and made as by the same more plainly appeareth And that also the late King of worthy Memory King Edward the Sixth did Lawfully succeed the said late King Henry his Father in the Imperial Crown of this Realm and did justly possess and enjoy all the same Power Iurisdiction and Authority before mentioned as a thing to him descended with the same Imperial Crown and so used the same during his Life And also that the said late King Edward the Sixth in his time by Authority of Parliament caused a Godly and Vertuous Book Intituled The Book of Common Prayer and Administration of Sacraments and other Rites and Ceremonies in the Church of England to be made and set forth not only for one Vniform Order of Service Common-Prayer and the Administration of Sacraments to be used within this Realm and other his Dominions but also did add and put to the same Book a very good and Godly Order of the manner and form how Arch-Bishops Bishops Priests Deacons and Ministers shauld from time to time be Consecrated made and ordered within this Realm and other his Dominions as by the same more plainly will and may appear And although in the time of the late Queen Mary as well the said Act and Statute made in the 25th Year of the Reign of the said late King Henry the Eighth as also the several Acts and Statutes made in the Second Third Fourth Fifth and Sixth Years of the Reign of the said late King Edward for the Authorizing and Allowing of the said Book of Common-Prayer and other the premises amongst divers other Acts and Statutes touching the said Supream Authority were Repealed yet nevertheless at the Parliament holden at Westminster in the first Year of the Reign of our Soveraign Lady the Queens Majesty that now is by one other Act and Statute there made all such Iurisdictions Priviledges Superiorities and Preheminences Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power and Authority hath heretofore been or may Lawfully be used over the Ecclesiastical State of this Realm and the Order Reformation and Correction of the same is fully and absolutely by the Authority of the same Parliament united and annexed to the Imperial Crown of this Realm And by the same Act and Statute there is also given to the Queens Highness her Heirs and Successors Kings and Queens of this Realm full power and authority by Letters Patents under the great Seal of England from time to time to assign name and authorize such Person or Persons as she or they shall think meet and convenient to exercise use occupy and execute under her Highness all manner of Iurisdictions Priviledges Preheminencies and Authorities in any wise touching or concerning any Spiritual or Ecclesiastical Power or Iurisdiction within this Realm or any other Her Highness Dominions and Countries Here again you see that the very Commissions are again Confirmed and all Ecclesiastical Power absolutely in the Queen to make and Appoint by her Commission whom She please to exercise Spiritual Jurisdiction and no Man ever pretended this Statute to be touched This being the Case to the end of Queen Elizabeths Reign we must see what was done in King James time and so to this Day In King James time the Bishops and Ecclesiastical Courts were holden as in Queen Eliz. time as is most apparent for meeting with an Objection that the Bishops held Courts in their own names time out of mind notwithstanding the Statutes and that the long custome would excuse them therein especially when the King did permit it I took an occasion to inform my self from the Journals and Records and do find that the Ecclesiastical Power was held and used in the time of King James under him by Vertue of Commission as before and to put it out of all doubt I shall demonstrate it thus Vide Journ ho. Lords 7 Jac. 10. 1610. 7 Jacobi A Dispute arose about the Spiritual Courts of their Extortion and going beyond their Commissions the Commons in Parliament complained to the King against the Ecclesiastical Courts and pray that no more such power may be given them by Commissions And a Question arose in the 10th of Jacobi whether they had any power at all in full Parliament it was Resolved and the King gave his Answer and the Judgement of the House of Peers That they had no Power but by the Kings Commission which he would take care for the time to come that it should not be any Burthen to the People Which Answer and Judgement in Parliament you have here in hec Verba set down VIZ. Die Lunae Viz. 23 die July 1610. Post Meridiem His Majesties Answer delivered to the whole Assembly of both Houses the 23d of July 1610. unto certain Grievances formerly delivered to His Majesty by the Knights Citizens and Burgesses of the Commons House of Parliament touching the inconvenient and dangerous extent of the Statute of 1 Eliz. Chap. 1. Our Approved care for the well Ordering of Ecclesiastical-Courts and Causes ought to banish from the conceits of our loving Subjects all needless and imaginary fears Nevertheless we are pleased to assure them by Our Royal Promise That our Ecclesiastical Commissions shall not be Directed to singular Persons but to such a number of Commissioners and them so elected as the weight of such Causes doth require And that no Definitive Sentence be given or pronounced by such our Commissioners under the number of Seven of them sitting in Court or Five at the least and that in only case of Necessity And further That we shall not take Advantage by any power given us by that Statute to grant forth any forms of Commission exceeding further then to Imprisonment and Reasonable Fine And likewise That We shall restrain such our General Commissions to the number of Two the one for this Province of Canterbury the other for that of York Besides we are Resolved to Establish such an Order touching the use and practice of Our said Commission as that none of our Loving Subjects shall be drawn from remote places either to London or York except it shall be for such exorbitant offences as are fit to be made exemplary And for the enumeration of Ecclesiastical Causes in particular as it is a matter full of Difficulty so it is needful
Highness her Heirs and Successors all manner of Iurisdictions Priviledges Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these her Realms of England or Ireland or any other her Highness Dominions and Countries and to visit reform redress order correct and amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner 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 Vnity of this Realm And that such Person or Persons so to be Named Assigned Authorized and appointed by her Highness her Heirs or Successors after the said Letters Patents to him or them made and delivered as aforesaid should have full Power and Authority by Vertue of that Act and of the said Letters Patents under her Highness her Heirs or Successors to exercise use and Execute all the Premises accordidg to the Tenor and Effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding And whereas by culler of some VVords in the aforesaid Branch of the said Act whereby Commissioners are Authorized to Execute their Commission according to the Tennor and effect of the Kings Letters Patents grounded thereupon the said Commissioners have to the great and in-Sufferable VVrong and Oppression of the Kings Subjects used to Fine and Imprison them and to exercise other Authority not belonging to Ecclesiastical Iurisdiction restored by that Act and divers other great Mischiefs and Inconveniencies have also ensued to the Kings Subjects by reason of the said Branch and Commissions issued thereupon and the Executions thereof Therefore for the Repressing and Preventing of the aforesaid Abuses Mischiefs and inconveniencies in time to come Be it Enacted by the Kings Most Excellent Majesty and the Lords and Commons in this present Parliament Assembled and by Authority of the same That the aforesaid Branch Clause Article or Sentence contained in the said Act and every word matter and thing Contained in that Branch Clause Article or Sentence shall from henceforth be Repealed Annulled Revoked Annihilated and utterly made void for Edect any thing in the said Act to the contrary in any wise notwithstanding And be it also Enacted by the Authority aforesaid That no Arch-Bishop Bishop or Vicar-General nor any Chancellor Official or Commissary of any Arch-Bishop Bishop a Vicar General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Iudge Officer or Minister of Iustice nor any other Person or Persons whatsoever exercising Spiritual or Ecclesiastical Power Authority or Iurisdiction by any Grant Licence or Commission of the Kings Majesty his Heirs and Successors or by any Power or Authority derived from the King his Heirs or Successors or otherwise shall from and after the first Day of August which shall be in the Year of our Lord God One Thousand Six Hundred Forty and One award impose or inflict any pain penalty fine amerciament imprisonment or other Corporal Punishment upon any of the Kings Subjects for any Contempt Misdemeanour Crime Offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or Iurisdiction or shall Ex Officio or at the Instance or Promotion of any Person whatsoever Vrge enforce tender give or Minister unto any Church-warden Sideman or other Person whatsoever any corporal Oath whereby he or she shall or may be Charged or Oblieged to make any presentment of any Crime or Offence or to confess or accuse himself or her self of any Crime Offence Delinquency or Misdemeanour or any neglect matter or thing whereby or by reason whereof he or she shall or may be siable or exposed to any censure pain penalty or Punishment whatsoever upon pain and penaity that every person who shall offend contrary to this Statute shall forfeit and pay treble Dammages to every Person thereby grieved and the Summ of One Hundred pounds to him or them who shall first Demand and Sue for the same VVhich said Treble Dammages and Summ of One Hundred Pounds shall and may be Demanded and Recovered by Action of Debt Bill or Plaint in any Court of Record wherein no Priviledge Essoin Protection or VVager of Law shall be admitted or allowed to the Defendant And be it further Enacted That every Person who shall be once Convicted of any Act or Offence Prohibited by this Statute shall for such Act or Offence be from and after such Conviction utterly dissabled to be or continue in any Office or Imployment in any Courts of Iustice whatsoever or to exercise or execute any Power Authority or Iurisdiction by force of any Commission or Letters Patents of the King his Heirs or Successors And be it further Enacted That from and after the first Day of August no New Court shall be Erected Ordained or Appointed within this Realm of England or Dominion of Wales which shall or may have the like Power Iurisdiction or Authority as the said High Commission Court now hath or pretendeth to have but that all and every such Letters Patents Commissions and grants made or to be made by his Majesty his Heirs or Successors And all Power and Authority granted or pretended or mentioned to be granted thereby and all Acts Sentences and Decrees to be made by Vertue or Culler thereof shall be utterly void and of no effect After the making of this Act all Jurisdiction of the Spiritual Courts was wholly dain'd as appears plainly by the Statute Thus it stood still 13 Car. 2d Now in this Act of Car Primi it must be observed that it meddles no farther with the Act of Eliz. then that one branch about Commissions it meddles not with the Ecclesiastical power being in the Crown nor with the Statute 8 Eliz. Nor any thing of Edward 6. or Henry 8. which must be observed Thus then their power was wholly discontinued till the thirteenth of Charles 2d And then coming into their Bishopricks and great Estates they thought it hard that they must have their Spiritual Swords tied therefore all hands to work to get loose and so an Act is passed the 13 Charles 2d For Repeal of part of the Act Car Primi And now they thought all was sure but as it fell out this will do them no good at all neither for the Act which was intended to Repeal this Act of the 16 of Charles the first hath misrecited it and called it an Act made the 17 of Charles the first not only in the Title but all along in the body of the Act which is plain upon the Roll though not in the Statute Books viz. An Act for Explanation of a Clause contained in an Act of Parliament made in the seventeenth year of the late King Charles Intituled an Act of Repeal of a Branch of a Statute Primo Elizabethe concerning Commissions for Causes Ecclesiastical viz. VVhereas in an Act of Parliament made in