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cause_n authority_n king_n pope_n 2,433 5 6.6641 4 true
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A43631 The naked truth. The second part in several inquiries concerning the canons and ecclesiastical jurisdiction, canonical obedience, convocations, procurations, synodals and visitations : also of the Church of England and church-wardens and the oath of church-wardens and of sacriledge. Hickeringill, Edmund, 1631-1708. 1681 (1681) Wing H1822; ESTC R43249 69,524 40

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illa absolutos c. This amongst many others wherein I could instance is but to shew that the King's Judges did controul the inferiour Jurisdictions called Ecclesiastical and Judge whether the cause or contempt deserved Excommunication and accordingly commanded Absolution c. as I have known the Lord Chief Baron in his Majesties Court of Exchequer about seven years ago command Doctor Lake Commissary of Lincoln and then in Court to absolve one King c. to which the Doctor making some tergiversation the Lord Cheif Baron threatned to lay him by the heels for his contempt For it is great insolency for a Commissary Official or his Master the Arch-deacon to excommunicate in their Courts and Visitations the Kings Subjects except by Authority and Commission from God or the King From God they have no power to excommunicate or to hear Causes then hath any Parish-Priest in his Parish if so much And if they have a Commission from the King let them shew it but when they have shewn it I dare say it will run with submission to His Majesties Decrees in his superiour Courts Courts of Record at Westminster Courts of good and great use Courts that have his Majesties Authority and Commission to shew for what they do Courts that do not bear the Sword in vain Courts that are not made up only of an empty noise of Curses and Anathema's thundring and cracking as if they came from Heaven when all is but vox praeteria nihil and not of little or no use but to vex and weary out the Supplicants Suiters and Attendants by enriching some few not of the best of mankind with Money Money And on the contrary how careful have our Kings of England been rather to encourage Parish-Ministers that labour and look after the Flock even in times of Popery as for instance in this Brief sub privato sigillo Edwardi 1. anno regni ejus 33. in these words Rex dilecto sibi Ricardo Oysel Ballivo suo de Holdernesse salutem Mandamus vobis quod de exitibus Molendinorum nostrorum in Belliva vestra faciatis Decimas dari Personis Ecclesiarum in quarum Parochiis Molendina ista existunt prout alii Magnates de regno nostro ac hominis partium illarum Decimas dant de exitibus Molendinorum suorum Et nos vobis inde in compoto vestro ad Scaccarium nostrum debitum allocationem fieri faciemus T. R. apud Westm 20. die Octobris Per breve de privato sigillo And good reason sure had that valiant King to give all due encouragement to the Inferiour Clergy if we consider how he was affronted and defy'd and brav'd by the Prelates Polid. Virgil Angl. Hist l. 17. especially by Robert Arch-bishop of Canterbury so that the King was forc'd to put all the Rebellious Prelates and Clergy out of his protection seizing their Goods and Revenues until they at long-run submitted themselves after a tedious Bustle to which they were encouraged by Pope Boniface I know that the King granted his Favour afterwards and Protection to the said stout Arch-bishop Robert and the rest and suffered the said Arch-bishop to stand by him and his Son upon a wooden Scaffold erected before the Gates of Westminster-Hall for that purpose when with many Tears the King askt Pardon with all Humility not the Arch-bishop's Pardon but that the People would pardon him Walsingham Hist Angl. p. 36. but it was not for his humbling the proud Clergy as aforesaid but for his Arbitrary Government Dicens se minús bene tranquillè quam Regem deceret ipsos rexisse c. Rursum ut libertates contentas in Magna Charta Mat. West An. 1297. p. 409 410. Ypodigmae Neustr p. 84. de Foresta in usu extunc efficacius haberentur voluntarias super his exactiones inductas de caetero quasi id irritum revocaret petentibus Comitibus Baronibus Rex Articulos in praedictis chartis contentos innovari insuper observari mandavit Henry de Knyghton adds Rogavitque Populum accepta licentia ut omnia condonarentur ei orarent pro eo orabant quidam publicè alii vero sic alii vero occulte pauci vero bene Anno 32 Edw. 1. this King was again affronted by Thomas Corbridge Arch-bishop of York For when the King by his Letters Patents granted to Mr. John Bouhs the Prebend of Styvelington in the Church of St. Peter in York and commanded Thomas Corbridge the new Arch-Bishop to admit him c. after two successive Mandates he neglected to do it to the King's damage 10000 l. as in the Plea Rolls of Trinity Term held at York To be seen in the Receivers Office of the King's Exchequer at VVestminster 32 Edw. 1. is at large expressed Thereupon the Arch-bishop being summoned to answer this contempt before the King's Justices he appearing answered That he was always ready to obey the Kings commands so far as he could but he could not admit the King's Clerk because the Pope had conferred the said Prebendary and Chappel thereunto belonging on his own Clerks of whom they were now full and that he could not make void the Act of the Pope his Superiour Lord nor deprive or remove his Clerks And therefore prayed the King to hold him excused refusing to give any other answer Whereupon Judgment was solemnly given against him That what he alledged was no sufficient cause for him not to execute the Kings commands and that all his Temporalties should be seized into the Kings hands for this his contempt c. By which we may see that even in times of Popery the Kings of England have opposed the Popes Innovations and Usurpations and the Kings Justices have taken cognizance of these Ecclesiastical matters and that no Forreign Mandates or Bulls were pleadable in the Kings Courts in bar of the Kings Writs and that long before the Reign of King Henry 8. obedience to the Pope before the King was adjudged a very high contempt in Law and had a suitable punishment and that the Kings Temporal Courts had Soveraign Jurisdiction over the Ecclesiastical Proceedings which is also more evidenced by the several sorts of Mandates dates and Writs even in times of Popery frequently issued out against Arch-bishops Bishops Ecclesiastical Judges and Ordinaries commanding them to do this and that and prohibiting them not to do this and that witness the Writs of Quare impedit Quare incumbravit Quare non admisit de Clerico admittendo de copia libelli deliberanda de permutatione Beneficiorum de revocatione Praesentationis Bracton de Residentia facienda de cautione admittenda de Assisa ultima Praesentationis cessavit de Cantaria de Nonresidentia pro Clericis Regis de Praesentatione ad Ecclesiam Praebendam Capellam c. Nay it seems to me that even in times of Popery the Kings Judges would take no notice of any Excommunications Cook Instit 134.2 but what were decreed by the