as we suppose considering that they are already limited and confined as no Antient Canon or Spiritual Laws are in force that are either contrary to the Laws Statutes or Customes of this Realm or tend to the Dammage or Hurt of our Prerogative Royal. For the Grievances apprehended in the Commission First a Soveraign King being Mixta Persona and having Authority as well in Causes Ecclesiastical as Temporal it was with great Wisdom ordained Matters of the Church being many ways impugned and the Censures of it grown into contempt That there should be a Commission consisting as well of Temporal as Ecclesiastical Persons who might have power for one Offence at one time and by one sentence to inflict as there should be cause both Spiritual and Temporal punishment but as to the Inquiry by Juries it hath not for many Years been practised And we are content that hereafter it be omitted in our Commission And concerning Appeals the use hath always been to exclude them in Commissions of this nature And yet if any of our Subjects shall be justly grieved with any Sentence given by our Commissioners we shall be content as we find just cause to grant unto them a Commission of Review Also for the Execution of divers Statutes aimed at in your Grievances although it hath been from time to time committed in some sort unto our Commissioners And that every such Commission hath been still penned by the Attorney-General with the Advice of the chief Temporal Judges yet we are well pleased and will give commandment accordingly that our Temporal and Ecclesiastical Judges assisted with our Learned Council shall confer together concerning the Exceptions by you taken to the end that hereafter our said Commissioners may have no further power to intermeddle with the Execution of any part of the said Statutes then it shall be found fit for our Service necessary for the suppressing of Popery and Schism and no ways repugnant to the Laws and Pollices of this our Realm But for making any Innovations in the forms and proceedings heretofore used by our said Commissioners we know no cause to depart therein from the Examples of our Progenitors nor from that which the Laws of this our Kingdom hath Approved And touching Fees since it is a Court by Statute erected and no Fees in the Statute expressed it was very fit That the Commissioners should have Authority to limit and Appoint to every Officer his Reasonable Fees And we will commend the further care thereof to some Principal person of our Commissioner to take a view of them and as to reform what they find amiss so to Establish such as shall be Moderate and Reasonable touching the Grievances found in the Execution of the Commission We know that there is no Commission nor Court either of Ecclesiastical or Temporal Jurisdiction but may be subject more or less to Abuse in the execution of their Authority Nevertheless it is Our part to have our Ear open to receive Complaints of that kind especially from our Parliament when we shall find them to be just And therefore our purpose is to see such Reformation made of all Abuses made in the execution of the said Commission as may best procure the ease of Our Subject from charge of Vexation And such punishment to be inflicted upon any Pursivants or other inferior Ministers which shall be Offenders as may repress such Misdemeanors in time to come Sure if this Record be considered there is ground enough to justifie that the Spiritual Courts cannot be holden but by the Kings Commission Therefore I need say no more the Case being plain the Law was so to this Year of 1610. which I set down the rather because a use will be made of it by and by But in King Charles the First 's time the Bishops cast about them how to get rid of these Shackles And therefore in Bishop Laud's time the point about Holding Courts in their own Names without the Kings Commission was by him stated and in the Star-Chamber where he ruled the Rost got the Judges there tho' it was but an extra Judicial Judgment to declare in their favour which was easie enough to be done when both the Judges and His Grace were resolved upon the point for those very Judges most of them were the same that gave their Judgment about the Shipp-Money And we know what became of that Judgment and them And for your Prelate he met with his due at Tower-Hill after but before his Lordship had finished his Ministry so prevalent he was that I am told he got a Proclamation to publish the Extra judicial Opinion which made a great noise in the World for Noyse and Decency was all along the Cheat that was put upon the People in those Days by that Prelate and his Gang. But I think no Man will say that that Extra Judicial Opinion is either equal with the Statute Law or with the Judgement of Parliament therefore I shall say no more but proceed After that Extra Judical Opinion of the Judges and by means of the long Intervals of Parliament the Spiritual Courts as well as the Star-Chamber were Lords Paramont and so great that they became a most Heavy Burden to the people of all sorts therefore before the Troubles began the Parliament in 16 Car. primi made an Act to take away the Power that was given by the Statute of 1 Eliz. for the Granting any Commissions at all by which means they well knew that no Courts could be held at all And therefore an Act passed to Repeal that Branch of the Statute of 1 Eliz. which was only one Clause about the granting Commissions as by the Act of Car. primi appears and all Spiritual Courts were utterly Abolished by that Act The Title of the Act runs thus VIZ. A Repeal of the Brauch of a Statute primo Elizabethe concerning Commissions for Causes Ecclesiastical VVhereas in the Parliament holden in the first Year of the Reign of the late Queen Elizabeth 16 Car. c. 11. late Queen of England there was an Act made and Established Intituled An Act Restoring to the Crown the Antient Jurisdiction over the State Ecclesiastical and Spiritual and Abolishing all Forreign Power Repugnant to the same In which Act amongst other things there is contained one Clause Branch Article or Sentence whereby it was Enacted to this effect Namely That the said late Queens Highness her Heirs and Successors Kings or Queens of this Realm should have full Power and Authority by vertue of that Act by Letters Patents under the Great Seal of England to Assign Name and Authorize when and as often as her Highness her Heirs or Successours should think meet and Convenient and for such and so long time as should please her Highness her Heirs or Successors such Person or Persons being Natural Born Subjects to her Highness her Heirs or Successors as her Majesty her Heirs or Successors should think meet to exercise use occupy and execute under her
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
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
the seaventeenth year of the late King Charles Intituled an Act for Repeal of a branch of Primo Elizabethe concerning Commissioners for Causes Ecclesiastical it is amongst other things enacted That no Archbishop Bishop or 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 or 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 then should be in the year of our Lord God one thousand six hundred forty one Award Impose or Iuflict any Pain Penalty Fine Amerciament Imprisonment or other Corporal punishment upon any of the Kings Subjects for any contempt misdemeaner crime offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or Iurisdiction without some doubt hath been made that all Ordinary power of coertion and proceedings in causes Ecclesiastical were taken away whereby the Ordinary course of Iustice in causes Ecclesiastical hath been obstructed Be it therefore Declared and Enacted by the Kings Most Excellent Majesty by and with the advice and consent of the Lords and Commons in this present Parliament assembled and by the Authority thereof that neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Archbishops Bishops or any other person or persons named as aforesaid but that they and every of them exercising Ecclesiastical Iurisdiction may proceed determine sentence execute and exercise all manner of Ecclesiastical Iurisdiction and all censures and coertions appertaining 〈◊〉 belonging to the same before the making of the Act before recited in all causes and matters belonging to Ecclesiastical Iurisdiction according to the Kings Majesties Ecclesiastical Laws used and practised within this Realm in as ample manner and form as they did and might lawfully have done before the making of the said Act. And be it further Enacted by the Authority aforesaid that the aforesaid recited Act of Decimo Septimo Caroli and all the matters and clauses therein contained excepting what concerns the High Commission Court or the new Errection shall be and is hereby Repealed to all intent and purposes whatsoever any thing clause or sentence in the said Act contained to the contrary notwithstanding Provided always and it is hereby Enacted That neither this Act nor any thing herein contained shall extend or be construed to revive or give force to the said Branch of the said Statute made in the said Year of the Reign of the said late Queen Elizabeth mentioned in the said Act of Parliament made in the said Seventeenth Year of the Reign of the said King Charles but that the said Branch of the said Statute made in the said First year of the Reign of the said Queen Elizabeth shall stand and be Repealed in such sort as if this Act had never been made Provided also and it is hereby further Enacted That it shall not be Lawful for any Arch-Bishop Bishop Vicar-General Chancellor Commissary or any other Spiritual or Ecclesiastical Iudge Officer or Minister or any other person having or exercising Spiritual or Ecclesiastical Iurisdiction to Tender or Administer to any person whatsoever the Oath usually called the Oath Ex Officio or any other Oath whereby such person to whom the same is tendered or Administred may be charged or compelled to confess or accuse or to purge him or her self of any criminal matter or thing whereby he or she may be liable to Censure or Punishment Any thing in this Statute or any other Law Custome or Vsage heretofore to the Contrary hereof in any wise notwithstanding Provided always That this Act or any thing therein contained shall not extend or be construed to extend to give unto any Arch-Bishop Bishop or any other Spiritual or Ecclesiastical Iudge Officer or other person or persons aforesaid any Power or Authority to Exercise Execute Inflict or Determine any Ecclesiastical Iurisdiction Censure or Coertion which they might not by Law have done before the year of our Lord 1639 nor to abridge or diminish the Kings Majesties Supremacy in Ecclesiastical matters and affairs nor to conform the Commons made in the year 1640 nor any of them nor any other Ecclesiastical Laws or Cannons not formerly confirmed allowed or enacted by Parliament or by the Established Laws of the land as they stood in the year of our Lord 1639. So that then it follows that except they can find such an Act as this Repeals which must be one of the 17 of Charles the first this will not help them for they will not find that this in Law can repeal the Act made the 16 of Charles the first And what follows if they have acted all this while and had no legal power let the world Judge what a fine threed they have spun for themselves if either the King shall call them to account or any private man that hath been Excommunicated but it will be objected that this may be remedied it being but a mistake to which I answer it may be mended but it must be in Parliament But then it is objected That this Act of the 13th of this King intends them a power to hold Courts The Answer is plain very true it doth so but it must be according to the Kings Majesties Ecclesiastical Laws still and it must be from and under him as by Law and sure the Statutes before is the Law they must walk by until the same are truly and exactly Repealed But for a further Answer If they observe this Statute well and allow it to be a mistake as I affirm it is they are not at all the better for this of Car. 2d as to their Ecclesiastical power they now Act by if there were no mistake at all for this of Car. 2d does not help them in the least for in the last Paragraph of this Statute of the 13th of this King it is expresly said They shall have no more power than they had in the Year 1639. Then see what they had in 1639 it is most plain all the rest of the Statutes were then in force against them both of Henry the 8th and Edw. 6th Q. Eliz. and King James Laws For this very Sentence and Judgement in Parliament before recited was but in 1610. And I do aver they had no other power then but what those Laws gave them thus I have done with matter of Fact as it lies I leave all Men to judge and govern themselves as they shall see occasion and would be glad my Error might be corrected by them if in any thing I have misquoted or misrepresented the Case hopeing that a more judicious person will undertake to correct it in what way or Method he likes best There are Two or Three several
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
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