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A31570 AngliƦ notitia, or The present state of England together with divers reflections upon the antient state thereof.; Angliae notitia. Part 1 Chamberlayne, Edward, 1616-1703. 1669 (1669) Wing C1819; ESTC R212862 111,057 538

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Kings of Ireland but also over the Welsh Scottish and French Kings He acknowledgeth onely Precedence to the Emperour Eo quod Antiquitate Imperium omnia Regna superare creditur As the King is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the State so he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Church He acknowledgeth no Superiority to the Bishop of Rome whose long arrogated Authority in England was 1535 in a full Parliament of all the Lords Spiritual as well as Temporal declared null and the King of England declared to be by Antient Right in all Causes over all Persons as well Ecclesiastical as Civil Supreme Head and Governour The King is Summus totius Ecclesiae Anglicanae Ordinarius Supreme Ordinary in all the Dioceses of England 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for his Superintendency over the whole Church hath the Tenths and First-Fruits of all Ecclesiastical Benefices The King hath the Supreme Right of Patronage over all England called Patronage Paramount over all the Ecclesiastical Benefices in England so that if the mean Patron as aforesaid present not in due time nor the Ordinary nor Metropolitan the Right of Presentation comes to the King beyond whom it cannot go The King is Lord Paramount Supreme Landlord of all the Lands of England and all landed men are mediately or immediately his Tenants by some Tenure or other for no man in England but the King hath Allodium Directum Dominum the sole and independent Property or Domain in any Land He that hath the Fee the Jus perpetuum and Utile Dominium is obliged to a duty to his Soveraign for it so it is not simply his own he must swear fealty to some Superiour The King is Summus totius Regni Anglicani Justitiarius Supreme Judge or Lord Chief Justice of all England He is the Fountain from whence all Justice is derived no Subject having here as in France Haute moyenne basse Justice He only hath the Soveraign power in the Administration of Justice and in the Execution of the Law and whatsoever power is by him committed to others the dernier resort is still remaining in himself so that he may sit in any Court and take Cognisance of any Cause as antiently Kings sate in the Court now called the Kings Bench Henry the Third in his Court of Exchequer and Hen. 7. and King James sometimes in the Star-Chamber except in Felonies Treasons c. wherein the King being Plaintiff and so Party he sits not personally in Judgement but doth performe it by Delegates From the King of England there lies no Appeal in Ecclesiastical Affairs to the Bishop of Rome as it doth in other principal Kingdoms of Europe nor in Civil Affairs to the Emperour as in some of the Spanish and other Dominions of Christendom nor in either to the People of England as some of late have dreamt who in themselves or by their Representatives in the House of Commons in Parliament were ever Subordinate and never Superiour nor so much as Co-ordinate to the King of England The King being the onely Soveraign and Supreme Head is furnisht with plenary Power Prerogative and Jurisdiction to render Justice to every Member within his Dominions whereas some Neighbour Kings do want a full power to do Justice in all Causes to all their Subjects or to punish all Crimes committed within their own Dominions especially in Causes Ecclesiastical In a word Rex Angliae neminem habet in suis Dominiis Superiorem nec Parem sed omnes sub illo ille sub nullo nisi tantùm sub Deo a quo secundus post quem primus ante omnes super omnes in suis ditionibus Deos Homines The Title of Dii or Gods plurally is often in Holy Writ by God himself attributed to Great Princes because as Gods Vicars or Vice-dei upon Earth they represent the Majesty and Power of the God of Heaven and Earth and to the end that the people might have so much the higher esteem and more reverend awfulness of them for if that fails all Order fails and thence all Impiety and Calamity follows The Substance of the Titles of God was also used by the Antient Christian Emperours as Divinitas nostra Aeternitas nostra c. as imperfectly and analogically in them though essentially and perfectly only in God and the good Christians of those times out of their excess of respect were wont to swear by the Majesty of the Emperour as Joseph once by the life of Pharaoh and Vege●ius a learned Writer of that Age seems to justifie it Nam Imperatori saith he tanquam praesenti corpoarli Deo fidelis est praestanda Divotio pervigil impendendus famulatus De● enim servimus cum fideliter diligimus cum qui Deoregnat Autore So the Laws of England looking upon the King as a God upon earth do attribute unto him divers excellencies that belong properly to God alone as Justice in the Abstract Rex Angliae non potest cuiquam injuriam facere So also Infallibility Rex Angliae non potest errare And as God is perfect so the Law will have no Imperfection found in the King No Negligence or Laches no Folly no Infamy no stain or corruption of blood for by taking of the Crown all former though just Attainders and that by Act of Parliament i● ipso facto pu●ged No Nonage or Minority for his Grant of Lands though held in his Natural not Politick Capacity cannot be avoided by Nonage Higher than this the Law attributeth a kind of immortality to the King Rex Angliae non moritur his Death is in Law termed the Demise of the King because thereby the Kingdom is demised to another He is said not subject to Death because he is a Corporation in himself that liveth for ever all Interregna being in England unknown the same moment that one King dies the next Heir is King fully and absolutely without any Coronation Ceremony or Act to be done ex post facto Moreover the Law seemeth to attribute to the King a certain Omnipresency that the King is in a manner every where in all his Courts of Justice and therefore cannot be non-suited as Lawyers speak in all his Palaces and therefore all Subjects stand bare in the Presence Chamber wheresoever the Chair of State is placed though the King be many miles distant from thence He hath a kind of universal influence over all his Dominions every soul within his Territories may be said to feel at all times his Power and his Goodness Omnium Domos Regis Vigilia defendit Omnium Otium illius Labor Omnium Delicias illius Industria Omnium vacationem illius Occupatio c. So a kind of Omnipotency that the King can as it were raise men from death to life by pardoning whom the Law hath condemned can create to the highest Dignity and annihilate the same at pleasure Divers other semblances of the Eternal Deity belong to the King He in his own Dominions as God saith
be verified of Religion and Gods Service amongst us The time thereof may be Threescore years and ten if it continue till Fourscore it will be but small joy to those that shall then behold the Condition of the English Church and the best read Historian cannot produce one example of a happy State where the Clergy hath been exposed to the peoples Contempt which must needs happen where their Benefices their Maintenance is scandalous and their Persons despicable It is the last Trick saith St. Gregory that the Devil hath in this World when he cannot bring the Word and Sacraments in disgrace by Errours and Heresies he invented this Project to bring the Clergy into contempt and low esteem as it is now in England where they are accounted by many as the dross and refuse of the Nation Men think it a stain to their blood to place their Sons in that Function and Women ashamed to marry with any of them whereas antiently in England as among the Jews the Tribe of Levi was counted Noble above all other Tribes except that of the Royal Tribe of Judah the Function of the Clergy was of so high account and esteem that not only the best Gentry and Nobility but divers of the Sons and Brothers of divers of our English Kings since the Conquest and before disdained not to enter into Holy Orders and to be Clergy-men as at this day is practised in most other Monarchies of Christendome Ethelwolph Son and Successor to Egbert first sole King of England was in Holy Orders and Bishop of Winchester at his Fathers death Odo Bishop of Bayeux in Normandy was Brother to William the Conquerour Henry de Blois Brother to King Stephen was Bishop of Winchester Geofry Plantagenet Son to Henry 2 was Bishop of Lincoln Henry de Beaufort Brother to Henry the 4th was Bishop also of Winchester And of later Times that most prudent Henry 7 had designed his second Son to be a Clergyman to omit many others of Noble Blood Which Policy is still observed even amongst the few Families of the Romish Religion in England wherein are to be found at this day some Brothers or Sons of Dukes Marquisses Earls and Barons in Holy Orders and all the rest of the Stock of Baronets Knights or Gentry and for this cause find respect not only amongst those of their own Opinions but even of the more sober moderate and best civilized Protestants Whilst this Policy lasted in England the Clergy were judged the fittest Persons to execute most of the Chief Offices and Places of the Kingdom according to the Divine Policy amongst Gods peculiar People where the Priests and Levites were the Principal Officers and Judges in every Court to whom the People were to be obedient on pain of death and the Laity did with much reverence and respect submit to them And as then Os Sacerdotis Oraculum erat plebis according to that of Malachi 2. 7. So Os Episcopi Oraculum erat Regis Regni Rex amplectabatur universum Clerum lata fronte ex eo semper sibi eligebat primos a Consiliis primos ad officia Regni obeunda Primi igitur sedebant in omni Regni Comitiis Tribunalibus Episcopi in Regali quidem Palatio cum Regni Magnatibus in Comitatu una cum Comite in Turno cum Vicecomite in Hundredo cum Domino Hundredi sic ut in promovenda Justitia usquequaque gladius gladium adjuvaret nihil inconsulto Sacerdote vel Episcopo ageretur And because the Weal of the Kingdom and the Service of the King depended so much upon them and their presence for that end so oft required at London it was judged expedient that every Bishoprick should have a Palace or House belonging to it in or about London and it is known at this day where stood the Houses of every one except that of St. Asaph which also might probably have had one but more obscure than some other that Bishoprick having been as still very mean Great was the Authority of the Clergy in those dayes and their Memory should be precious in these dayes if we consider that they were the Authors of so great benefits and advantages to this Kingdom that there are few things of any importance for promoting of the welfare of this Church and State wherein the Bishops and Prelats under God have not been the Principal Instruments The Excellent Laws made by King Ina King Athelstan King Edmund and St. Edward from whom we have our Common Laws and our Priviledges mentioned in Magna Charta were all made by the perswasions and advice of Bishops and Archbishops named in our Histories The Union of the 2 Houses of York and Lancaster whereby a long and bloody War was ended was by the most wise Advice and Counsel of Bishop Morton then a Privy Councellour The Union of England and Scotland that inexpressible advantage to both Nations was brought to pass by the long fore-sight of Reverend Bishop Fox a Privy Councellour in advising Henry the 7th to match his Eldest Daughter to Scotland and his Younger to France Most of the Great Publick Works now remaining in England acknowledge their antient and present being either to the sole Cost and Charges or to the liberal Contributions or at least to the powerful Perswasions of Bishops as most of the best endowed Colledges in both our Vniversities very many Hospitals Churches Palaces Castles have been founded and built by Bishops even that famous chargeable and difficult Structure of London-Bridge stands obliged to the liberal Contributions of an Archbishop and it was a Bishop of London at whose earnest request William the Conquerour granted to the City of London so large Priviledges that in a grateful remembrance thereof the Lord Mayor and Aldermen to this day upon some solemn dayes of their resort to St. Pauls Church do go in Procession to the Grave Stone where that Bishop lies interred But above all The Converting England to the Christian Religion the Reforming that Religion when corrupted and since that the maintenance of the Doctrine thereof against all Romish Writers and of the Discipline thereof none of the least good Offices against all the Practices and Power of the Puritan and Presbyterian Factions and all those other Sectaries lineally descended from them all this and more is owing if not solely yet principally to Bishops and Prelats by the late want of whom to sit at the Stern how soon was this goodly Vessel split upon the Rocks of Anarchy and Confusion Even since the late Restauration of Bishops to set down the many considerable Publick Benefits flowing from them and other Dignified Clergy would tire the Reader What Sums of Money have been by them expended in repairing Cathedral Churches Episcopal Houses in founding and building Hospitals in Charity to poor Widdows of Clergymen utterly ruined by the late Rebels for redeeming of poor Christian Slaves at Algier what publick and private Sums for supplying the Kings Necessities at his