of Fifty years of King Edward the Third the great Charter was several times confirmed The liberties priviledges and franchises of the Clergie were new ratified in the fourteenth and five and twentieth years of His Reign And so in the first sixth and eighth and twelfth years of Richard the second In the first second and fourth years of Henry the fourth It was enacted That the Lords Spiritual as well as Temporal should have and enjoy all their Rights and Liberties I grant indeed that in the Reign of two of these preceding Kings viz Edward the third and Richard the second that the two statutes of Proviso's and Praemunire were made But he that shall duly observe the end wherefore and the matter wherein and the persons against whom these statutes were made will not be able to find that any abridgment but rather a firmer settlement of Episcopal jurisdiction in the right Constitution of it was intended and came thereby That which was mainly aimed at and provided against in these statutes was to repress the encroachments of the Pope of Rome even upon the Bishops legal jurisdiction it self The Pope by His Emissaries in England from time to time drained the Kingdom of its Wealth He invaded the Kings Soveraign Rights by Mandates De providendo and expectative Graces granted of Ecclesiastical livings before the Incumbents were dead And besides He boldly intrenched on the Kings Temporal Courts many such unreasonable greivances there were which both King and People felt the load of and which to make them the heavier were fetch as far as Rome to be put upon them But all this while here are no exemptions to any particular persons or civil Officers to free them from Ecclesiastical jurisdiction where it proceeded in due manner and was exercised in matters properly cognizable by it That which must have the note of remark put upon it is this Provision is here made under severe penalties against acting by a derived power from and in an Usurped jurisdiction under the See of Rome This no English Bishop might do then This no Bishop in England or Ireland might or does or may do now One Act of Parliament will best serve to give light to another Now the statute 25 Hen. 8. cap. 21 affirms expresly that the statute of provision and praemunire of the 16th Richard secundi was made against such as sue to the Court of Rome against the Kings Crown and Dignity so that Episcopal jurisdiction in each respective Diocess and in matters of Ecclesiastical cognizance is so far from being impaired by these statutes that in truth it is more firmly fixed and corroborated thereby All these things were before the Reformation in England towards the dawning of which we meet with a noted statute in the 23th year of King Henry 8. cap. 9. designed as is conceived to restrain the Exorbitances used in summoning people out of the Diocess wherein they inhabit without leave of their Ordinaries which thing as it tended to the great vexation of the persons so cited it also aimed at the very encroaching on the several Ordinaries Rights on pretence of some legantine power or Nuncio's Court or other extraordinary cause In the preamble of which Statute it is affirmed That all persons of any quality or condition may be cited before their Ordinaries so it be in proper cause and due Order The body of that statute provideth that no citation be made out of the Diocess where the party dwelleth but where some spiritual offence or cause is committed or done So that a contrario sensu sayes the learned and judicious Dr. Cosen Apol. p. 67. in any offence or cause spiritual any Subject may be cited within his or her Diocess And in some peculiar causes there mentioned and recited they may be cited out of their Diocess Now the power of citing presupposes a full jurisdiction that is a power to proceed further thereupon in all due requisits and forms that belong to any cause whether it be upon instance or of matter of correction Since the Reformation that all jurisdiction Ecclesiastical is de facto as it was alwayes de jure united to and so derived from the Imperial Crown of England there is by the statute of the first of Queen Elizabeth cap. 1. Full power and authority given to the Ecclesiastical Judges for the Executing of Ecclesiastical jurisdiction as before time See also a statute made in Ireland in the 28. year of King Henry the 8. called an Act against the Authority of the Bishop of Rome towards the latter end thereof Provided that notwithstanding this Act or any other Act made for the taking away of the said Bishop of Romes Vsurped power Authority Preheminence Jurisdiction or any other thing or things in the same comprised That all and every Archbishop Bishop Arch-Deacon Commissary and Official and every of them shall and may use and exercise in the name of the King only Vid. infra p. 53. all such Canons Constitutions Ordinances and Synodals provincial being already made for the direction and order of Spiritual and Ecclesiastical causes which be not contrariant nor repugnant to the Kings Lawes statutes and customs of this Land nor to the Damage and Hurt of the Kings Prerogative Royal in such manner and form as they were used and Executed before the making of this Act till such time as the Kings Highness shall order and determine according to his Lawes of England and such order and determination as shall be requisite for the same and the same to be certified hither under the Kings Great Seal or otherwise ordered by Parliament And while I am thus enumerating the several statutes which the former position is not contrariant to but rather strengthned by I must not omit the making mention of those statutes and Acts of Parliament that are set out and published meerly upon Ecclesiastical causes and matters which are reckoned by some as those that enter into and make up the body of the Kings Ecclesiastical Laws Zouch de jure Eccles p. 1. Sec. 1. c. whether these be matters of a civil or criminal Nature matters of civil cognizance are either such as concern Precontracts and other matrimonial causes In Ireland 33 Hen. 8 cap. 6. In England 32 Hen. 8. c. 38. 1 and 2 Edward 6. c. 23. 1 Elizab. 1. oâ— such as concern Testamentary matters 21 Hen. 8. cap. 5. In this Kingdom 28 Hen. 8. cap. 18. Also matters of Tythes and the pursuits and impleadings thereup on Heâ—â— 33 Hen. 8. c. 12. In England to the two Statutes mentioned before called circumspecte Agatis and Articuli Cleris These may be added viz. 1 Richard 2. c. 14.27 and 28 Hen. 8. c. 20. 32 Hen. 8. c. 7. 2 Edward 6. cap. 13. Concerning all which all persons without distinction of place or office who are concerned in any of these causes they are subject to Episcopal jurisdiction to which the same causes do appertain and by which they are managed And for matters
he nor the two Sheriffs did give the Bishop a meeting as was desired of them whereupon the Bishop orders a Process to issue out and Convents them before him in the Consistory They refuse to appear though being duly Summoned and so run into Contempt Being called again and then appearing they were for their former Contempt enjoined an easie Penance They aggravate their former with this new Contempt in disobeying the Bishops Injunction and thereupon are mildly Censured by the Bishop Not Excommunicated as was falsely rumor'd and mouth'd abroad by Men that regarded not what proceeded from them whether Truth or Falshood so it might but serve their purposes but large intermissions of time there were betwixt every of these Proceedings as will be shewed hereafter And thus stands the matter of Fact in this whole Transaction Upon a Reflection now made on this whole matter in one Review Will not the Carriage of these persons appear of a strange form and kind to any sober and indifferent Man Hardly I think will it be parallel'd by President of any such that has formerly been Hardly be entertained with Credit that any such had lately been And the whole Proceeding being so as is here briefly declared Let the Persons concerned herein be so ingenuous as freely to confess and acknowledge the same If yet this be denied so may the truest Narrative of things be and yet have never the less of Truth in it for all that yet there is so much and so clear Evidence to Verifie what has been set down That if any Attempt be made of standing to such a Denial then an easie producing of this Evidence will both shame those Deniers and add to the Confirmation of the Truth hereof Howbeit some particularities in several passages of this Proceeding may find in the following Sections a more seasonable Discovery and Enlargement In the mean time the Question de Jure falls in to be discussed concerning the justifiableness of the Bishops proceedings herein Three main Exceptions I find much insisted upon and urged against these Proceedings The first is in relation to the Persons thus Convented and Censured for they being the Mayor and Sheriffs of a City under His Majesties Government and representing His Person it is said That thereupon they became exempt from any Episcopal Jurisdiction The second Exception is in relation to the Cause they were called in question upon for that is affirmed not to be of Ecclesiastical but Civil cognizance because said to be grounded on a real Contract betwixt the Corporation and the Church and so the holding Plea and judging of Contracts belongs not to the Consistory but to the Temporal Courts The third Exception is in relation to the manner of Proceedings which are affirmed to have been precipitous and hasty without such form and regularity as ought to be observed therein and therefore illegal and unjustifiable To these three Exceptions I shall oppose and endeavour to make good these three following Propositions which will both invalidate any force that might be in the Exceptions and likewise assert and make good the Legality of what was done herein I. Prop. The Bishops Jurisdiction in the Case before mentioned was Legally founded in respect of the Persons proceeded against II. Prop. The Bishops Jurisdiction over these persons was Legally founded in respect of the Cause proceeded upon III. Prop. The Bishops Jurisdiction was Legally managed in this Cause against these Persons in respect of the manner observed in the proceedings thereof I. Prop. The first Proposition The Bishops Jurisdiction in the case before mentioned was legally founded in respect of the Persons proceeded against To make this good is that which I am first obliged to endeavour And I do it thus by laying my foundation in this received Maxime concerning Spiritual jurisdictions That in all matters and causes of Ecclesiastical cognizances all Persons within any Diocess regularly and de jure communi are subject to the jurisdiction of the Bishop of that Diocess The original proceeding of which institution I mean as to the actual Exercise of such jurisdiction depends upon and derives principally from the bounty and munificence of Christian Emperors and Princes As for jurisdiction meerly spiritual convei'd in and at the time of Consecration inhaerent in every Bishop as he is such I here speak not of otherwise than as it is the foundation and ground from which this Actual exercise does arise and has the enlargements made to it both subjectively in respect of persons made subordinate thereto and objectively in respect of matters and causes appropriated to it Sundry instances making this Assertion good might be had in the Imperial Law But so it will appear to be to him that will but consult Titulum de Episcopali judicio in Codice Theodosiano Et Titulum de Episcopali Audientia in Codice Justinaneo Et legomni innovatione cessante leg Privilegia ibidem de Sacro Sanctis Ecclesiis whence Tholosanus Syntagmat lib. 47. de divisione judicii num 12. 13. Inferrs this rule Prelati sunt ordinarii Judices Rerum Personarum suae jurisdictionis And moreover adds this Caesares tuentur defendunt sacerdotate judicium Privilegia ejus legibus stabiliunt And Gothofred on the former of these Laws infers this as a standing rule Innovatum contra Canones non subsistit By the ancient Canons Bishops were invested with this judiciary power Christian Emperours favourably confirm the same and any innovation thereupon is of no force The same power of jurisdiction in Bishops is allowed of and made good by Charles the Great In Capitular lib. 6. cap. 28. Paulus Fiacesius in his Book called Praxis Episcopalis cap. 4. Articul S.N.S. Layes down this Rule Episcopus in sua dioecesi habet intentionem fundatam super omnes de diaecesi And to confirm the said rule so laid down by him he produces there the Authority of many places in the body of the Canon Law Indeed where the matter is not of Ecclesiastical cognizance It is the incompetency of the matter or cause not the quality or place or office of any person that exempts him from that jurisdiction for as the fâ—rementioned Author observes Num. 2 Ibidem Episcopus alium Episcopum morantem in sua dioecesi ratione delicti ibidem commissi judicare punire potest If a Bishop have jurisdiction over another Bishop within his own Diocess where the Fuct is of Ecclesiastical cognizance there is certainly the â—ike if not a more forcible reason that the Bishops power should reach to all others of his Diocess And Javolenus has delivered this Rational and elegant Rule Cui jurisdictio Data est ea quoque concessa esse videntur sine quibus jurisdictio Explicari non potest L. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 de jurisdictione omnium judicum The granting of a jurisdiction implyes a grant of all those things that conduce to a right discharge and exercise of it A power is included herein of presiding over and
which are criminal To pass by other statutes I instance in these two only The one De Excommunicato capiendo in 5 Elizab. c. 23. where the several crimes therein mentioned subject all such as shall be detected and found guilty of any of them to the Ecclesiastical Tribunal The other is the statute for Uniformity of Common-Prayer c. 1 Elizab. cap. 2. In this statute after a charge given in this Solemn and strict manner The Queens most Excellent Majesty The Lords Temporal and all the Commons in this present Parliament assembled do in Gods Name earnestly require and charge all the Archbishops and Bishops to endeavor their utmost for the due execution thereofâ—â— And then it follows for their power and authority in this behalf Be it further Enacted by the Authority aforesaid That all and singular the said Archbishops Bishops c. and all other their officers exercising Ecclesiastical jurisdiction as well in places exempt as not exempt within their Diocess shall have full power and authority by this Act to reform correct and punish by censures of the Church all and singular Persons which shall offend within any of their Jurisdictions or Diocesses after the said Feast of St. John the Baptist next coming against this Act or Statute any other Law Statute Priviledge liberty or provision heretofore made had or suffered to the contrary notwithstanding See a so the statute made secundo Elizab. cap. 2 here in Ireland The thing we had in hand to make good was this That all persons whatsoever within any Diocess regularly and de jure communi are subject to the Bishop of that Diocess in matters and causes of Ecclesiastical cognizance that this position is not repugnant to the statute Laws of these Kingdoms This I think has been fully evidenced and needs no further enlarging upon And to give one instance of this jurisdictive and coercive power in Bishops over all indefinitely it shall be in the matter of substracting and detaining of Tythes a cause properly and anciently cognizable before them That ample Charter granted by King William the first to the Clergie and mentioned at large by Mr. Selden in his History of Tythes cap. 8. p. 225. The conclusion of which is after this manner Quicunque decimam detinuerit per justitiam Episcopi Regis si necesse fuerit ad redditionem arguatur Startle not Reader at the eying of this that the Bishops power of Justicing has here precedency of place before the Kings conceive not that this was to set Episcopal power on high and make Regal Authority subordinate to it But this declares to whose judicial cognizance under the King the proceeding against detainers of Tythes of what quality and condition soever they be does immediatery appertain who is the Officer and Minister of Justice therein And the Kings power being after mentioned is so set down by way of judicial order and consequence not of subordination in power and Authority Thus much these very words si necesse fuerit plainly do import as if it were said should any of these detainers prove refractory and contumacious against the Bishops authority so that there were a necessity of invoking the secuâ—ar power the King would then be present therewith and by poenal coercions compel them to give obedience thereto Now for what concerns any other part of the Common Law it may be also both safely and truly in respect of the thing it self affirmed That Ecclesiastical proceedings according to the position laid down bears no contrariety therewith as is set down by Dr. and Student lib. 1 c. 6. That Episcopal jurisdiction is of force in this Kingdom even by the Laws of this Realm in certain particular instances mentioned is reported by Dr. Cosen from a certain Author writing in King Hen. 8th time Apol. part 1. p. 7. The Author is shewing that the Bishop of Rome has not nor ought to have any jurisdiction in His Majesties Kingdoms by the Laws of this Realm The medium whereby he proves this thing is this because Certificates of Bishops in certain cases are allowed by the Common Law and admitted in the Kings Courts But the Popes Certificate is not admitted vid. Lord Coke Instit 4. cap. 74. circa initium de jure Regis Ecclesiastico p. 23. 26. diversos casus thidem citatos Besides in the statute of Appeals 24 Hen. 8. cap. 12. mention is made of spiritual jurisdiction exercised in causes belonging to the same and it is there expresly said That such exercise is grounded on the Laws and customs of this Realm circa mitium dicti statuti Now certainly a statute best informs any one what is truly and what is agreeable to the Common Law The Bishops are by the Common Law the immediate Officers and Ministers of Justice to the Kings Courts in causes Ecclesiastical Lord Coke de jure Regis Ecclesiastico pag. 23. And for what belongs to any custom or ancient usage that has the force of Law among us I cannot find out any such that is impugned by what I have affirmed But thus I may safely determine That if any manner and course of things established by long use and consent of our Ancestors and still kept on foot by daily continuance and practice be a custom and may set up for a Law not-written Then certainly the thing that has been affirmed that is the exercise of Ecclesiastical jurisdiction by Bishops over all persons within their respective Diocesses and in causes belonging to it and thus far endeavoured to be pâ—oved is not at all contrariant thereto but of perfect agreement yea of the same Nature with it Are there any that after all this will make their reply and tell us of persons exempted from Episâ—â— paâ— power and the exercise thereof bound up and restrained in respect of such and for proof of this will alledge the Authoritative proceeding of King William the Conqueror who would not suffer any Bishop to Excommunicate any of his Barons or Officers for Adultery Incest or any such Heinous crime except by the Kings command first made acquainted therewith By the way it must be known that the word Baron is not to be taken in that limited and restrictive sense as to understand thereby the Higher Nobility to which Votes in Parliament do belong But generally for such who by Tenure in chief or in Capite held land of the King Selden spicelegium ad Eadmerum referente Tho. Fullero B. 3. Histor Eccles p. 4. Whatsoever now shall be collected hence to overthrow what has been before said is easily answered For King William very well understood his own Imperal power and right over the whole body Politick whereof the Clergie were a part And that by vertue thereof the Actual Exercise of both Civil and Ecclesiastical jurisdiction did flow from him And that he might where and when he saw cause restrain the Execution of either how long or in respect of what persons he pleased and this by special
others within His own Kingdoms and it keeps Him from a subordination either to the Presbytery or the Papacy and it is such a Supremacy as is only Political and Architectonical as it is phrased that is a power paramount over all His Subjects to see that each sort of such as are under His Government as well Ecclesiasticks as others do their duties in their several and respective stations and that all things be acted by proper and fit Agents for preserving both Church and State in tranquility and safety Thus it appears that nothing either belonging to Ecclesiastical Order or Jurisdiction is exercised by our Kings in their own persons according as is fully declared in the following parts of the said Article Neither does this give any countenance to Erastianism as some have improperly enough inferred from thence herein as has been described is seen the Kings Supremacy By it He is the Keeper of both Tables He governs and regulates Affairs so both in Church and State as may best conduce to the preservation of true Piety to God and right Justice to Men. From this power paramount and Supremacy does descend the Bishops power of exercising Jurisdiction that is exercising the same actually I say actually for as our Divines do distinguish Archbishop Bramhall's answer to R.C. p. 160 161. Bishop Sanderson de conscient obligat praelect 7. sect 29 30. Bishop Bilson of Subjection par 3. p. 293. in octavo Mr. Hooker Eccles Pol. B. 8. p. 213 c. There is an habitual and there is an actual Jurisdiction habitual Jurisdiction flows from Episcopal Order actual Jurisdiction is a Right and liberty granted opportunity and means afforded of exercising and reducing that habit into act and that in foro externo contentioso after a certain and peculiar manner appointed therein Thus the King has His Ecclesiastical Laws and His Ecclesiastical Courts and His Ecclesiastical Judges * See Sir Joh. Davies Reports Pramunire versus finem there are causes of such and such a Nature appointed by the King to be judged of by them in those Courts according to those Laws * Many things the Popes formerly have taken upon them to give directions of and Enact Canons concerning Episcopal Jurisdiction under this salvo in ordine ad spiritualia which things are matters meerly of civil intercourse and commerce betwixt man and man such are those titles in the Canon Law de emptione venditione de rerum permutatione de transactionibus de depesito c. Testamentary and Matrimonial and Decimal matters are amongst these likewise but although these may better seem to have the aspect of matters spiritual yet that spiritual men have any Jurisdiction therein must not be imputed to the nature of the things themselves nor to any superiority that they have over other men by reason of them but this must be imputed to the Roval bounty and munificence of pious Kings who for the Honor of the Church have so ordered those Causes to be of Ecclesiastical cognizance and that their Subjects concerned therein should be obedient to Ecclesiastical Judges therein Hereupon a Learned Bishop declares That the Popes Decrees Judgments and Executions in these Cases if claimed from Christ as things spiritual and not granted by Caesar are but open invasions of Princes Rights calling those things Spiritual which indeed be Civil and Temporal Bishop Bilson's Christian Subjection page 2. Sir Robert Wiseman The Law of Laws All persons within their respective Diocesses that is certain circuits and precincts of Jurisdiction by the King set out to each Bishop and those in their bounds and limits either to be contracted or extended as He pleases are commanded to be subject to them if they refuse may buâ— constrained to it In matters of Appeal the last complaint is ever to be made to Him He is the final and ultimate Judge who by fit Delegates appointed thereunto does redress grievances answer complaints and finally and absolutely determine what is brought before Him The Learned Archbishop and Primate of all Ireland a little before mentioned has given a full and satisfactory Account of this matter his words are these worthy our best observation Neither do we draw or derive any spiritual Jurisdiction from the Crown but either liberty and power to exercise actually and lawfully upon the Subjects of the Crown that habitual Jurisdiction which we received at our Ordination or the enlargement of our Jurisdiction objectively by the Princes referring more causes to the cognizance of the Church than formerly it had or lastly the increase of it subjectively by their giving to Ecclesiastical Judges an external coercive power which before they had not To go yet one step higher in cases that are indeed spiritual or meerly Ecclesiastical such as concorn the Doctrine of Faith or Administration of the Sacraments or the ordering or degrading of Ecclesiastical persons Sovereign Princes have and have only an Architectonical power to see that Clergy men do their Duties in their proper places but this power is alwayes most properly exercised by the advice and ministry of Ecclesiastical persons and sometimes necessary as in the degradation of one in Holy Orders by Ecclesiastical Delegates Vindication of the Church of England from Schism c. The Exercise of Ecclesiastical Jurisdiction by Bishops thus being stated and setled in the likeness that it carries with the other instances before set down neither invades not impairs but much advances and amplifies the Kings Prerogative It comes to pass indeed by this means that the Kings Supremacy is preserved firm and safe in the Ecclesiastical Polity I know a great Objection is made against all this from hence because that in Ecclesiastical proceedings Citations Decrees and other instruments issue forth in the Bishops but not in the Kings Name whence would be infer'd That such attempts and judiciary proceedings made not in the Kings Name are invasive on the Royal Prerogative In order to the Answering of this Objection let it be observed That there are two great Offices in the Kingdom of England the one that of the Lord High Admiral the other that of the Lord Warden of the Onque Ports These have great inflience in foreign parts upon the Sea and within the Lands I before gave you some intimation of their distinct Jurisdiction and manner of jurisdical proceedings different from the Courts of the Common Law Both the jurisdictions of these two great Officers are ample and authoritative yet both the Lord Admiral and the Lord Warden of the Cinque Ports do send forth Writs in their own Names and they do it sayes Dr. Cowell in verbo Court as the Bishops hold their Courts by the Kings Authority virtute Magistratus sui In the High Court of the Earl Maishal the same practice is observed In the Universities Processes and Writs issue forth in the Chancellor Vice-chancellor or their Commissaries Name Will any now presume to challenge any of these jurisdictions for invading the Kings Prerogative Will
truly this is bad enough but not so bad neither as to bring under the guilt of praemunire If it were observe the consequence what that would be for it would as certainly and unavoidably expose a temporal Judge to the penalty of a praemunire if he proceed to hear and determine in a matter of Ecclesiastical cognizance because that is beyond his Commission as 〈◊〉 would expose a spiritual Judge to the same penalty that he intermeddles with causes of temporal cognizunce for observe well what Bracton sayes in relation to both Jurisdictions and the proper Judges of each Cum diversi sint hinc inde Jurisdictiones diversi Judices diversae causae debet quilibet ipsorum imprimis aestimare an sua sit Jurisdictio ne falcem videatur ponere in Messem alienam Again Non pertinet ad Judices Soeculares non pertinet cognoscere de iis quae sunt spiritualibus annexa sicut de decimis c. Bract. l. 5. c. 2. apud Hookerum Ecclesiast Pol. lib. 8. p. 218. I may be thought to have made a strange confident and odd inversion upon these two cases but for my share freely I do acknowledge that it is above the reach of my reason to conceive of any difference herein for as both Spiritual and Ecclesiastical Courts are now constituted deriving from the same Regal Supremacy that the Temporal Courts do the consequence is as good on one hand as on the other Indeed I should not have exposed my self to the censure of being thought too bold in the concerns of Temporal Courts and Temporal Judges especially in such an inversion as this so lyable to be frown'd upon But the truth is I found it made to my hand by the person whose name I have often used and whose Authority I much depend upon Is not sayes he the Prerogative Royal in and for causes Ecclesiastical as high and as rightly setled in the Prince and incident to Her Highness Crown and Regality as the same is for Temporal power and authority What cause is there then seeing seu alibi in the Statute signifieth in true construction any place â—hatsoever besides Rome That every holding Plea by an Ecclesiastical Court of a matter wherein it ought not to hold should at this time be reckoned a thing contrary to the Queens Regality more than dealing in any Ecclesiastical cause should be in any temporal Court at Westminster for no Statute of provision or praemunire assigneth these for causes which have indeed grown since by collections whil'st the Popes usurpation was continued in the Land Against which oftentimes the Remedy by prohibition could not serve the turn Cosen Apol. par 3. ch 7. p. 87. But admit the worst let there be a disparity allowed let the failing be on the Ecclesiastical Judges side yet still he is the Kings Ecclesiastical Judge And there is a favour alwayes on a Judges side so far as to presume That he is fit to Act in what he is appointed to and that he does Act according to what he is best informed of by his skill and from his conscience Sacrilegii instar est dubitare an is Dignus sit quem Imperator elegerit That persons merit and integrity is not to be doubted of whom his Princes will has appointed to any publick Office and Employment say the Emperors Grat. Valent. Theod. in Leg. Tertia C. de crimine Sacrilegii Now it is not to be rationally supposed that any one exercising the Office of a Judge will designedly and purposely hold Plea of such a cause which he either knows to be or is propounded to him as belonging to Temporal cognizance But it may so happen that by nearness and coherence of one cause with another that which indeed is a Temporal may be supposed to be an Ecclesiastical cause and if an Ecclesiastical Judge minding to do his duty as the nature of his office doth require do yet by resemblance and near coherence of one cause with another proceed in that which is Temporal shall this presently cast him under a Praemunire That is shall the exceeding some bounds and limits that the Prince under whom he exercises Jurisdiction has prescribed to him bring him under such punishments as the very enemies and underminers of his State are to endure This certainly were very harsh and rigorous I know nothing more to be declined than such an Office where the exercise of it puts a man into that ticklish and tottering condition That he is ready every day without that exact circumspection as is morally impossible for the carefullest man alive alwayes to have to fall into the greatest penalties and dangers It has been said That a corrivality betwixt the Ecclesiastical and common Lawyer has still made the one seek his own elevation by the depression of the other But here the common Lawyer has got an insuperable advantage over the other for let him but hold to this Opinion and by his Authority make it good That the bare holding Plea of a Temporal cause in an Ecclesiastical Court makes liable to the penalties of Prâ—â—munire and the contest is at end There will then be few that will care to study the Ecclesiastical Laws fewer that will dare to execute any Ecclesiastical Jurisdiction A grave and sober person delivers his mind touching this matter with a great deal of ingenuous freedom and truth Hoc Austerum supplicium speaking of Braemunire aliqui Jurisperiti nostri Lucri Ambitionis aestu accensi verborum quae in uno Statuto observant generalitatem ad quemvis levem Judicum lapsum praesertim Ecclesiasticorum nimis violenter extendunt sed hic corum candorem desideramus aliquorum etiam inscitiam lugemus Dr. Cowell Instit de Publicis Judicis Sect. 43. King James a wise and discerning Prince easily discovered the Grievances that this profession laboured under and was pleased earnestly to concern himself in redressing of them This great King speaking of the usefulness of the Civil and Canon Law among His own Subjects in matters of Pyracy Wills Marriages and things of like nature proceeds thus And this Law has been so much encroached upon sithence my coming to the Crown and so had in contempt that young men are discouraged from studying it and the rest weary of their lives that do profess it and would be glad to seek any other craft * K. James's Speech in the Star Chamber to the Judges about the 14th year of His Reign And some pages after in the same speech when He comes to give His particular charge to the Judges he has these words What greater misery can there be to the Law than contempt of the Law and what readier way to contempt then when questions come what shall be determined in this Court and what in that whereupon two Evils do arise the one that men come not now to Courts of Justice to hear matters of right pleaded and Decrees given accordingly But only out of a curiosity to hear questions of the