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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	bishop_n	king_n	see_v	1,612	5	4.0281	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26144	The power, jurisdiction and priviledge of Parliament and the antiquity of the House of Commons asserted occasion'd by an information in the Kings Bench by the attorney general against the Speaker of the House of Commons : as also A discourse concerning the ecclesiastical jurisdiction in the realm of England, occasion'd by the late commission in ecclesiastical causes / by Sir Robert Atkins, Knight ...	Atkyns, Robert, Sir, 1621-1709.	1689 (1689)	Wing A4141; ESTC R16410	69,431	78

or lawfully may be Reformed Redressed Corrected c. In Sir Edw. Cokes 12 Rep. fol. 49 It was Resolved Trin. 6. Jae Per totam Curiam in the Court of Common-Pleas there being then Five Judges of that Court Coke being Chief Justice That the High Commissioners by vertue of their Commission and that Act of Parliament ought to proceed according to Ecclesiastical Law. Secondly If their Commission gave them any Power which was not allowed or warranted by that Act of Parliament it was not Legal which proves that such Power cannot be exercis'd by a Commission under the Great Seal merely without an Act of Parliament See Drakes Case in Justice Croke's Reports of the time of King Charles fol. 220. There it is also Resolv'd That the King by his Commissioners cannot alter the Ecclesiastical Law nor the Proceedings of ☞ it And if the Word Lawfully had not been in that Act of 1. Eliz. yet it must have been so intended and the Judges of the Common Law who are proper Judges Expositors and Interpreters of Acts of Parliament would have so understood it as appears by the Resolution of the Judges in the Case in the same 12. Rep. of the Lord Coke fol. 84 85. and little regard therefore was given by the Judges to Commissions under the Great Seal which the Arch Bishop of Canterbury Abbot said had been made in like Cases in the Times of King Hen. VIII and Ed. VI. In the last Case ibidem fol. 85. the Chief Justice Coke says He had seen the Commission made to Cromwell by King Hen. VIII to be Vice-gerent and other Commissions to others by his appointment and he refers to the Commission at large inserted in his Book of Precedents See in the same 12. Rep. of Sir Edw. Coke f. 88. Excellent Rules to be observ'd upon such extraordinary Commissions viz. They ought to be solemnly read for they may possibly contain many things against the Law as the Commission in that Case mentioned did The Commissioners may every one of them require Copies of the Commission The Commissioners ought to Sit in an open Place and at certain Days Note also That such Commissions ought not to be kept secret but they ought to be Enrolled in the Chancery That the Subjects may be under a known Authority See Sir Coke's 4. Instit. fol. 332. the middle of that fol. And upon irregular and illegal Commissions in Ecclesiastical Causes the Remedy is by Prohibition out of the Courts at Westminster In the same 4 Instit. fol. 340. the Author hath this Note Nota Stephen Gardiner Bishop of Winchester was depriv'd at Lambeth by Commission from King Edward the VI. made to Ten Persons proceeding upon it ex Officio mero mixto vel promoto omni appellatione remotâ summarie de plano absque omni forma figura Judicii sola Facti Veritate inspecta The Author passes no Opinion upon it Quaere by what Law this was warranted It must be rare and extraordinary otherwise Sir Edw. Coke would not have so specially mention'd it but a Facto ad Jus non valet Argumentum Note That part of the Act of 1 Eliz. viz. the 18th Paragraph before verbatim transcribed viz. of the Queen Eliz. and her Successors granting such Letters Patents or Commissions in Ecclesiastical Causes is repealed by the Act made 16 Car. 1. cap. 11. See it in Mr. Keeble's Book of Statutes at large See the last Paragr or Clause in that Act of Repeal of 16 Car. 1. It is Enacted That no new Court shall be erected or appointed which shall have The like Power or Jurisdiction as the High Commissioners had or pretended to have but that all such Letters Patents Commissions and Grants and all Powers and Authorities thereby granted and all Acts Sentences and Decrees to be made by vertue or colour of them shall be Void Note The late Act of 13 Car. 2. cap. 12. in Mr. Keeble's Book of Statutes does declare that the Ordinary Power of Arch-Bishops and Bishops was not taken away by that Repealing Act of 17 Car. 1. cap. 11. as this last Act dates it But by this Act of 13 Car. 2. cap. 12. in the second Paragraph The aforesaid Repealing Act of 17 Car. 1. and all the Matters and Clauses therein contained excepting what concerns the High Commission Court or the new Erection of some such like Court by Commission are Repealed See the third Paragraph also of the Act of 13. Car. 2. That the High Commission Court shall not be Revived So that I conceive no such Commission nor Letters Patents can now be granted but the Repealing Act of 16 or 17 Car. 1. stands in force against it By what Law or Rules Cromwell in the Time of King Henry VIII and by what Instructions he acted does not appear the Commissions to make him Vicar General which was surely in Imitation of what had been used by the Pope in the time of his Usurpation or that of Vice-gerent in Ecclesiastical Matters which seems to be new and prime Impressionis are not now to be found of which Dr. Burnet in the History of the Reformation of the Church of England makes some probable conjectures fol. 181. and wherein consisted the difference between those two Authorities and Titles and the Commissions for the exercise of them is not easy to find out But the thing then principally design'd was to suppress the religious Houses belonging to the regular Clergy which were great Supports to the Popish Hierarchy not at all to impeach the Lawful Power and Jurisdiction of Episcopacy for we find at the same time as Cromwell's Commissions were in force and had been then but newly passed That Cranmer Arch-Bishop of Canterbury made his Metropolitical Visitation under which as I conceive most properly falls the Conusance of any contempt or abuse committed by any of his Suffragan Bishops if not in a Provincial Synod Archiepiscopi Jurisdictioni subsunt immediate suffraganti See Lind. Provin The exclusion of the Pope in the Time of King Hen. VIII made no diminution of the Power or Jurisdiction of the Clergy as to determining of Ecclesiastical Causes or making Canons Constitutions and other Synodical Acts as is rightly observ'd by Dr. Heylin in his Introduction to the History of Laud late Arch-Bishop of Canterbury upon this ground it is that to this day they exercise all manner of Ecclesiastical Jurisdiction in their own Names and under the distinct Seals of their Offices the Statutes that made some Alteration in the matter being all repealed See Dr. Heylin's Introduct aforesaid ibid. fol. 341. The Legislative Power in Matters Ecclesiastical continues in the Convocation for making Canons and Constitutions confirmed by the King and Parliament Discipline and the Admonition still resides in the Bishops and those under them In Case of any Irregularity in the Metropolitan Resort must doubtless be to the Head of the Church upon Earth the King as it was in the Case of Arch-Bishop Abbot who shooting at

have been from the first Constitution of the Kingdom certain Courts and Jurisdictions erected within this Realm for deciding and determining of Spiritual and Ecclesiastical Causes Selden's History of Tithes fol. 412. All this is excellently well set forth by the Preamble of the Statute of 24 H. 8. cap. 12. concerning Appeals That as the King hath ever been the Supream Head of the Realm which Word Head is by way of Metaphor and must have relation to some Body therefore the Statute in the Preamble proceeds to tell you what the Body is to which the Head relates viz. The Body Politick of the Realm consists of all sorts and degrees of People within this Realm divided by Names of Spiritualty and Temporalty The Statute proceeds to mention the plenary Power Authority and Jurisdiction the King hath within this Realm in all Causes It shews us how that Power is distributed and by whom to be exercised Not by the King in Person nor at his Will and Pleasure in any arbitrary Way but as that Preamble further iustructs us The Body Spiritual hath Power in all Causes Divine and Spiritual to determin and to administer all such Offices and Duties as to their rooms Spiritual doth appertain the like is declared as to Temporal Causes to be in the other Part of the said Body Politick call'd the Temporalty And both their Authorities and Jurisdictions do concur in the due Administration of Justice the one to help the other The Preamble of this Stat. of 24 H. 8. c. 12. of Appeals further shews how that this Ecclesiastical and Spiritual Jurisdiction had been confirmed and defended by several antient Acts of Parliament against the Usurpations of the Bishop of Rome and that long before the Reformation of Religion Then comes the Enacting Part which does Ordain That all Causes determinable by any Spiritual Jurisdiction whether they concern the King himself as the Case of the King's Divorce or any of the Subjects shall be heard examined discussed clearly finally and definitively adjudged and determined within the Kings Jurisdiction and Authority and not elsewhere in such Courts Spiritual and Temporal of the same as the nature of the Cases shall require Then the same Statute shews us in what Courts and by what Steps and Method Suits and Proceedings concerning Spiritual and Ecclesiastical Matters ought to be handled See Paragraph 5 6 7 8 9 10. It begins with the Arch Deacon's Court which is infimi gradus and proceeds gradually from the Arch-Deacon to the Diocesan from him to the Metropolitan and at last it mentions the Convocation as the Supreamest Note That further Appeals have been given by several Acts of Parliament as by 25 H. 8 c 19. from the Arch-Bishop or Metropolitan to the King in Chancery which is by Commission of Delegates c. And it hath been Resolved That though the Acts of 24 H. 8. cap. 12. and of 25. H. 8 cap. 19. do upon certain Appeals make the Sentence definitive as to any further Appeal yet the King as Supream Head may grant a Commission of Review See the Case of Halliwell against Jervois Sir Francis Moores Reports fol. 462. and in the same Reports fol. 782. in the Case of Bird against Smith and in Sir Edw. Cokes 4th Institutes fol. 341. And as the Kings Ecclesiastical Power and Jurisdiction are by the Fundamental Laws of the Realm distributed into several Courts which are mentioned and confirmed by the said several Acts of Parliament and may not therefore be exercised by any other but by such Courts and in such Method and Manner as by Law and the said Acts of Parliament it is provided So also those Courts cannot proceed Arbitrarily but by the known and setled Ecclesiastical Laws Constitutions and Canons that are in force By the Act of 1. Eliz. cap. 1. Entituled An Act for restoring to the Crown the Antient Jurisdiction over the Estate Ecclesiastical and Spiritual c. the seventeenth Paragraph in Keeble's Book of Statutes It is Enacted That such Jurisdictions c. Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been or may lawfully 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 c. Abuses Offences Contempts and Enormities shall for ever by Authority of this Present Parliament be united to the Crown By the 18th Paragraph of that Act the Queen and her Successors have Power by vertue of this Act by Letters Patents under the Great Seal to assign c. as often as they shall think meet and for such time such Person or Persons as the Queen c. shall think meet to exercise all manner of Jurisdictions Ecclesiastical or Spiritual and to Visit Reform Redress Order Correct and Amend all such Errors c. Abuses Offences Contempts and Anormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Jurisdiction can or lawfully may be Reformed Ordered Redressed Corrected Restrained or Amended and such Person or Persons so to be named c. shall have full Power by vertue of this Act and of the said Letters Patents to exercise use and execute all the Premises according to the Tenor and Effect of the said Letters Patents See Sir Edw. Cokes 4. Inst. in his Chapter of Ecclesiastical Courts fol. 324 325. and see the 3d. Observ. fol. 326. observe the Words viz. It was Enacted out of necessity c. and ibid. Necessity did cause this Commission and it was not to be Exercis'd but upon necessity for it was never intended That it should be a continual standing Commission c. That the main Object of that Act was to deprive the Popish Clergy Almere's Case and Taylor and Massie's Case left to the proper Diocesan Upon the last recited Clause in that of 1. Eliz. was grounded the late Court call'd The High Commission Court From which Act it may be observed and collected That it needed an Act of Parliament to give such Authority to the Queen to grant such Letters Patents or Commission and that without an Act of Parliament such Commission could not have been granted For if the Queen by her meer Prerogative and Supream Power in Ecclesiastical Causes could have granted such Commission an Act of Parliament had been unnecessary And the express Words of the Act are That the Queen c. shall have power by vertue of this Act and the Law had as hath been before observ'd distributed the Kings Ecclesiastical Power and Jurisdiction into several Courts So that without a new Law the like Power could not be put into any other hands in Derogation of those ordinary Ecclesiastical Courts Secondly Note This Act makes no new Crimes nor Offences but gives the Commissioners or Patentees Power to Visit Reform Redress c. all such Errors c. Abuses Offences Contempts and Enormities which by any manner of Spiritual or Ecclesiastical Power can

a Deer unfortunately kill'd the Keeper and his Jurisdiction he being suspended was supplyed by Commission as you may read in Dr. Heylin of the Life of Arch-Bishop Laud in the 87th fol. of the Book it self but more fully fol. 170. The Bishop of London is next in Place and Dignity to the Metropolitans see his Priviledges ibid. 185. See Dr. Heylin's Judgment in the Work of Reforming the Church either in Doctrine or Exercise of the Discipline pertinent to the Matter now in hand but in Point of Law it would be no very difficult thing to discover him to be mistaken fol. 327. See the Power of the Metropolitan and of the Appeal from him to a Provincial Synod and a Stop put there and a ne ultra and that there is no Vicar upon Earth appointed to be the Supream Judge in Ecclesiastical Matters in the Opinion of the Council of Nice discours'd of by Dr. Stilling fleet in his Antiquities of the British Churches fol. 100. but still it must be understood that this fixed Power in the Ecclesiastical Judges and Courts in England is deriv'd from the Crown but now under the Crown setled in this Method not to be interrupted this is quoad Potestatem Jurisdictionis non Ordinis FINIS Introduction Time and Place not material unless the Defendant make them so by his Plea as here Plea. Conclusion of the Plea. Three Points First Point First Proposition Reason Authority The Town-Clerk of Athens The Party to a Suit. Lord Beauch Case A Difference Councellor Attorney Witness Juror Justa occasio lequendi The Minor Proposition The Commons as now elected have ever been a part of the Parliament Dr. Heylin in the Life of Archbishop Laud. Sir Rob. Filmer Dugd. in his Orig. Juridic Mr. Pryn in his Preface to Sir Rob. Cotton's Abr. as he conjectures Dr. Manwaring Pryns Plea for the Lords ●5● King Charles the Second Fol. 32. Fol. 223. of his Works The Commons as now constituted began before 49 H. 3. Rushw. Hist. Collec Part 1. fol. 52. Proof that the House of Commons have ever been a part of the Parl. In his Pref. to his 10th Rep. Proof by Records of Parliament 51 E. 3. 5 H. 4. nu 71. 5 H. 4. na 74. Mr. Pryn ut supra fo 771. Addresses to the King ought to be with Reverence ●1 H. 6. Thorpes Case Ex●hequor Records H. 12. E. 4. in the Exchequer E. 2. S. Albans 11 H. 4. num 59. Proof by Acts of Parliament 5 R. 2. Parl. 2. C. 4. 2 H. 5. pars 2da Numb 10. Historians and Antiquaries Et Populi Conventus Seld. Tit. of Hon. pag. 702. in a Case between the Arch-Bishop of York and the Bishop of Worc. Mag. Char. 9 H. 3. Object 1. Fol. 709. The Ancientest Writ of Summons that Mr. Selden had seen for a Peer was but 6 Johannis Tit. of Hon. 707 708. Mr. Pryn's Plea for the Lords fol. 113. but mis-paged 2. Object 49 H. 3. 28 E. 1. 35 E. 1. 15 E. 2. 31 E. 3. 18 E. 2. 18 E. 3. 26 E. 3. 1 H. 5. the Indenture return'd by the Sheriff of Wiltshire recites their trust in the same words and pursues the words of the Writ 2 H. 4. 25 H. 6. 16 E. 2. 27 H. 6. Object Pennings of Ancient Acts of Parliament Petitions for Freedom of Speech c. Tit. of Honout Fol. 603 604. Fol. 603. Fol. 176. The Freeholders grand Enquest fol. 40. 41. 28 E. 1. c. 8. 13. Elect. of Sheriffs The late E. of Clarend in his Answ. to Hobs. Petition of Right 3 Car. 1. Stat. of Provisors 25 E. 3. Mr. Pryn's Plea for the Lords 389 390. All three Estates one entire Body and Corporation 14 H. 8 3. Fineux Ch. Just. Ferrer ' s Case Crompt Jurisd Sir Pierce de la Mare This is contradicted by Mr. Pryn in his Preface to Sir Cotton's Abr. fol. 5 6. The Powers of Parliament Of the Power and Jurisdiiction of the Parliament Nothing acted in this present Case but what is within their Power The House of Commons the Grand Inquest of the Nation The printing Dangerfield's Information 46 E. 3. C. Search of Records must be Free. See the 1 st St. in such Cases of Reporting false News viz. W. 1. C. 34. the Reporter is only to be imprison'd till he have found out him of whom the word was moved So is 2 R. 2. C. 5. the Stat. de Scandalis Magnatum So is 12 R. 2. c. 11. Dier 155. The Lady Morirsons Case Crok 162. but more fully in Marshes Actions of Slander fol. 19. 20. If an action of Slander be brought for Reporting what another had said Slanderously the Pl. in his Declaration must aver that A. did never so report the Defendant may Plead that in truth A. did so report and it is a good Plea by Tanfield Leonards Rep. 1. P. 287. in an Indictment upon the Stat. of W. 1. C. 33. and 2 R. 2. c. 5. for reporting false News it was found billa vera as to the Defendant's reporting the false News but as to the maliciose seditiose Ignoramus and the Defendant therefore discharg'd The Persons too great to be so used John Earl of Moreton So called 1 Eliz C. 3. 4. H. 8. c. 8. the House of Commons call'd the Honourable House in the Petit. of Rich. Strode which is part of the Act. 2d Point Mr. Pryn E Contra in his Preface to Sir Rob. Cot. Abr. but nothing clear 1 ●ac c. 1. The like words Fol. 72. Med. Mr. Pryn. ibid. 388. A Resolve of all the Judges in the point Sir Rob. Cott. Abr. pag. 651. Mr. Pryn in his Plea for the Lords calls this a famous memorable Case and says he was then ch Baron A second Resolution of all the Judges in the point A Protestation of the Commons against Impeachments other than in the House c. The like Claim of the Lords and confirm'd by Act. An Act of Parliament in the point Pryn's Plea for the Lords fol. 401 at large 4 H. 8. c. 8. Memorials of the English Affairs fol. 12. See Rushw. Collect. 1 part pag. 672. Appendix to it pag. 44. The Resolution of the Commons in Irewinnard's Case is called the Judgment of the most high Court of Parliament If it had been clear that the King's-Bench could have punished it they would have begun with it there but they try'd the Council and the Star-Chamber first King Charles the Second Fol. 15. ● Iust. fol. 17. 26 H. 8. c. 1. * Sir Hen. Heb●i ' s Reports f. 63. It is said by the Judges of the Common-Pleas That the Power of Justice is in the King as Sovereign originally but afterwards setled in several Courts as the Light being first made by God was after setled in the great Bodies of the Sun and Moon And Sir E. 〈◊〉 4 Inst. f. 70. in the Chapter of the Court of Kings-Bench to the same effect * See the Original of Bishops Courts and Jurisdictions severed from the Hundred Court distinct from Provincial and national Synods and that there were then Ecclesiastical Laws the Chartter of K. William he 1st to Remigius then Bishop of Linc. Mr. Selden's Notes ad Eadmerum f. 167. * Sir Ed. Cokes 5. Rep. The Case of the Kings Ecclesiastical Law f. 40. * Not by extraordinary Commissions at the first instance but only gradually upon Appeales Sir John Davies Reports fol. 91. the Case of Premunire 4. Inst. 339. of Appeals This Statute was the ground for Commissions to hear and determine Spiritual Causes ad primam Instanti●m ☞ 4. Inst. 340. Dr. Burnet's Hist. of the Reformation 183. med folii * See Dr. Field of the Church fol. 511 512. The antient Canon requires the consent of 12 Bishops to censure judge and depose a Bishop * See Mr. Bagshaw's Arguments in Parliament against the Canons made by the Convocation 1640 fol. 19.