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cause_n bishop_n ecclesiastical_a judge_n 1,591 5 7.2679 4 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A65678 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. Whitaker, Edward. 1681 (1681) Wing W1701; ESTC R186469 32,330 43

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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