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cause_n king_n law_n realm_n 3,018 5 8.5594 4 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A03141 A coale from the altar. Or An ansvver to a letter not long since written to the Vicar of Gr. against the placing of the Communion table at the east end of the chancell; and now of late dispersed abroad to the disturbance of the Church. First sent by a iudicious and learned divine for the satisfaction of his private friend; and by him commended to the presse, for the benefit of others Heylyn, Peter, 1600-1662.; Williams, John, 1582-1650. 1636 (1636) STC 13270.5; ESTC S119828 38,864 84

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indefinitely be onely meant the person of the Queene then being not her Heires and Successours by Metropolitan indefinitely wee must also meane the Metropolitan then being and not his Successours and then the power heere given the Queene had beene determined with the death of Arch-bishop Parker which was some 28 yeares before her owne Thirdly from another clause in the selfe same Act where it is said that If any person being twice convict of depraving the booke of Common Praier c. shall off end againe the third time and be thereof lawfully convict hee shall forfeit for his third offence to our Soveraign Lady the Queene all his Goods and Chattels c. where though the Queene be onely named the penaltie of the Law 〈◊〉 be and is most justly taken by her Heires and Successours or else there were no remedy at this time by the Lawes provided for the third Contempt Fourthly from the usuall forme of those Acts and Statutes which were made purposely for the particular and personall profit safetie and advantage of the said Queene which are distinguished from others by this note or Character viz. This Act to continue during the Queenes Majesties life that now is onely Such is the Act against rebellio●s assemblies 1. Eliz. cap. 16. Those against such as shall rebelliously take or conspire to tak● from the Queenes Majestie any of her Towers Castles c. 14. Eliz. cap. 1. And against such as shall conspire or practise the enlargement of any Prisoner committed for High Treason cap. 2. That against seditious Word● and Rumors uttered against the Queen●s most excellent Majestie 23. Eliz. ca. 2. And finally that for the safety of the Queenes royal person and the continuance of the Realme in Peace An ● 27. ca. 1. In the which last although it bee not said expresly that it shal dure no longer thē her natural life yet the word Person in effect doth declare as much Fiftly from a resolution in the Law in a case much like it being determined by that great Lawyer Ploydon that if a man give Lands to the King by deed inrolled a Fee● simple doth passe without these words Successours and Heires because in ●udgement of Law The King never dieth Coke on Lit● pag. 9. b. And last of all it may be argued that the said clause or any thing therin conteined is not indeed Introductorie of any new power which was not in the Crowne before but rather Declaratorie of an old which anciently did belong to all Christian Kings as before any of them to the Kings of Iudah and among others to ours also who with the C●unsell of their Prelate● and other Clergie might and did induce such Rites and Ceremonies into the Churches of and in their severall kingdomes as were thought most convenient for God's publick Service till at the last all Ecclesiasticall autoritie was challenged and usurped by the See of Rome Which is the answer and determination of Sir Robert Coke in Cawdries case being the fifth part of his Reports entituled De jure Regis Ecclesiastico where hee affirmeth that if the Act of Parliament 1● Eliz. 2. cap. 1. whereby it was enacted That all Ecclesiasticall power and autoritie which heretofore had beene or might lawfully be exercised or used for the visitation of the Ecclesiasticall state and persons and for reformation of all and all manner Errours Heresies Schismes Abuses and Contempts Offences and Enormities should bee for ever united and annexed to the Imperiall Crowne of this Realme Was not an Act introductory of a new law but confirmative of an old for that this Act doth not annex any jurisdiction to the Crowne but that which was in truth or of right ought to bee by the ancient Lawes of the Realme parcell of the Kings Jurisdiction and united to the crowne Imperiall By this Authoritie the Altars were first taken downe in King Edwards reigne though countenanced and allowed of in the Common-prayer Booke then by Law established the better as the cause is pleaded by Bishop Ridley to avoyd superstition Actes and Monum Part. 2. pag. 700. and by the same or by that mentioned 1 ● Eliz. cap. 2. his Majestie now being might appoynt the Table to bee set up where formerly the Altar stood had it been otherwise determined in the Rubrick as indeed it is not to avoyd prophanenesse 8. I Will adde one thing more for your satisfaction which perhaps you know not And that is that his sacred Majestie hath hereupon already declared his pleasure in the Case of Saint Gregories Church neere Saint Pauls in London and thereby given encouragement to the Metropolitans Bishops and other Ordinaries to require the like in all the Churches committed to them Which resolution of his Majestie faithfully copied out of the Registers of his Councell-Table I shall present herewith unto you and so commend my selfe to you and us all to the grace of God in JESVS CHRIST At Whitehall the third of November 1633. Present the KINGS most excellent Majestie Lo Archbish. of Cant. Lo Keeper Lo Archbish. of Yorke Lo Treasurer Lo Privie Seale Lo Duke of Le●nox Lo High Chamberlain Ear. Marshall Lo Chamberlaine Ear of Bridgewater Ear of Carlile Lo Cottington Mr. Treasurer Mr. Comptroller Mr. Secretary Cooke Mr. Secret Windebanke THis day was debated before his Majestie sitting in Co●nsell the Question and Difference which grew about the Removing of the Communion Table in Saint Gregories Church neere the Cathedrall Church of Saint Paul from the middle of the Chancell to the upper end and there placed Altar-wi●e in such manner as it standeth in the sayd Cathedralls and Mother Church as also in all other Cathedralls and in his Majesties owne Chappell and as is consonant to the practise of approoved Antiquitie Which removall and placing of it in that sort was done by Order of the Deane and Chapter of St. Pauls who are Ordinaries thereof as was avowed before his Majestie by Doctor King and Doctor Montfort two of the Prebends there Yet some few of the Parishioners being but five in number did complaine of this Act by Appeale to the Court of Arches pretending that the Booke of Comm●n-prayer and the 82. Canon doe give permi●sion to place the Communion Table where it may stand with most fitnesse and convenience Now his Majestie having heard a particular relation made by the Counsaile of both parties of all the carriage and proceedings in this cause was pleased to declare his dislike of all Innovation receeding from ancient Constitutions grounded upon just and war●antable reasons especially in matters concerning Eccle●iasticall Orders and Government knowing how easily men are drawne to affect Novelties and how soone weake judgements in such cases may bee overtaken and abused And he was also pleased to observe that if those few Parishioners might have their wills the difference thereby 〈…〉 of the neerene●s of St. Gregories standing close to the wall thereof And likewise for so much as concernes the liberty given by the said Common