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A33926 The legality of the court held by His Majesties ecclesiastical commissioners defended their proceedings no argument against the taking off penal laws & tests. Care, Henry, 1646-1688. 1688 (1688) Wing C527; ESTC R23058 12,362 42

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present Commissioners for what they have done against the Bishop of London and Magdalen Colledge they do condemn themselves for exercising the greatest Severities against the Puritans contrary as now they themselves will have it unto all Law For from what has been already said it is apparent That the same Power His Majesty's Predeceffors exercis'd belongs unto His Majesty and that gives Strength to each Horn of the Dilemma In a word then our Church-men must confess they have been guilty of a very great errour in turning the Royal Thunder against the Old Puritans in Q. Elizabeths and K. James the First 's days Or that they acted very Righteously in what they have done against them If the Former why do they not publish so much to the World Why do they not confess that their Forefathers have sinned and gone astray and that the Puritans were most Unjustly persecuted by their beloved Mother If the Latter if the Church of England in those days did but what was Just seeing many Hundred of the Puritans were spoiled of their Benefices by the Royal Power the KING may as Righteously proceed on the same bottom Fourthly The Fourth thing to be done is this viz. That His MAJESTY may exercise His Prerogative in Matters Ecclesiastical in a more ample manner than yet He has done The Author of the Letter affirms That the Power of making Canons for the Government of the Church was no otherwise in the CROWN than the Power of making Temporal Laws But the mistake in this place is as great as some others he is faln into about Appeals and Investitures the first of which notwithstanding what he saith to the contrary is to the KING without a Parliament and decided by his Delegates or Commissioners of Review the Last by the KING solely who by the delivery of the Staff and Ring did usually invest as our Histories abundantly confirm In like manner touching Laws about Rites and Ceremonies it lies in the KING's Power without a Parliament to make ' em So saith Dr. Zouch and Dr. Cosin and there is an Act of Parliament Rex possit novas Leges condere circa ceremonias ritus cum confilio Metropolitani vel Commissariorum in Causis Ecclesiasticis Zouch Descrip Jur. Eccles Par. 1. Sect. 3. Cos T. 6. expresly recognizing this Power to be in the KING the Words of which are If there shall happen any Contempt or Irreverence to be used in the Ceremonies or Rites of the Church the Queen's Majesty with the Advice of Her Commissioners in Causes Ecclesiastical or Metropolitan may Ordain and Institute such further Ceremonies or Rites as may be most for the Advancement of GOD's Glory the Edifying of His Church and due Reverence of Christ's Holy Mysteries and Sacraments 1 Eliz. c. 2. And as the KING with His Ecclesiastical Commissioners may make New Laws about Ceremonies so without a Parliament He may make Orders or Constitutions for the Government of the Clergy and deprive the Disobedient Thus much is affirm'd by those Protestant Divines who have Written in Defence of the KING's Supremacy particularly by Dr. Harris in Answer to Becanus the Jesuit where he is express in assuring us That the Right and Power by Regal Authority to make Church-Laws as that GOD should not be Blasphemed that GOD should be pacified in a Fast and Honoured in a Festival-day and all such as we read to have been made in the Code Authenticks and Capitulars by Constantine Theodosius Justinian and Carolus Magnus belongs to our Kings Moreover to Delegate such as should judge of the Laws so made Touching Persons To administer Justice to all of all sorts To deprive the High-Priest if he do deserve of his Priesthood These by Divine Right are the Rights of Regal Primacy viz. whereby the KING may 1. Be called the Supreme Head of the Church 2. Call Councils and preside in them 3. Make Laws Ecclesiastical 4. Constitute and Depose the High-Priest 5. Bind His Subjects by Oath to Keep the Laws by Him made To conclude Hereby may the Adversaries see that Regal Primacy is founded on the Scriptures and propagated from the First Religious Kings under the Old to the First Religious Emperors and Kings and so to Our Sovereign Lord K. JAMES under the New Testament and in that long distance of time nothing impaired or diminished So far Dr. Harris But before many Noble-men Archbishops and Bishops and the Justices and Barons of the Exchequer it was agreed That the KING without a Parliament may make Constitutions for the Government of the Clergy and that such a Deprivation Ex Officio without a Libel is good Besides it must be further observ'd That as it was held both by the Church-of England-Divines and Lawyers Noyes Reports Fol. 100. to be in the Power of the KING to make Constitutions for the Government of the Clergy and Deprive the Disobedient In like manner our KINGS acted accordingly and impos'd a Subscription to the Three following Articles I. That the KING's Majesty under GOD is the Only Supreme Governour of this Realm and of all other His Highnesses Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as Temporal and that no Forreign Prince Person Prelate State or Potentate have or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within His Majesties said Realms Dominions and Countries II. That the Book of Common-Prayer and of Ordering of Bishops Priests and Deacons containeth in it nothing contrary to the Word of GOD and that it may Lawfully be used and That He Himself will use the Form in the said Book prescribed in publick Prayer and none others III. That He alloweth the Book of Articles of Religion agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden in London in the Year of our Lord God 1562. And that He acknowledgeth all and every the Articles therein contained being in number Nine and Thirty besides the Ratification to be agreeable to the Word of GOD. To these three Articles all Persons received into the Ministry were bound to Subscribe in these Words I N. N. do willingly and ex animo Subscribe to these Three Articles above-mention'd and to all things that are contained in them This Subscription was imposed by the Regal Authority without a Parliament and many Hundreds who could not Subscribe were to the Ruin of them and their Families actually deprived And although this Subscription was exacted during the whole Reign of James I. and Charles I. yet until the Restauration of Charles the 2d it had never a Parliamentary Establishment Seeing then it 's past doubt That His MAJESTY's Supremacy is as ample as that of any of His Royal Predecessors what Q. Elizabeth and K. James the First have done that His present MAJESTY may now do and without a Parliament Command a Subscription to other New Articles and Deprive the Disobedient To instance in one