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A61271 Episcopal jurisdiction asserted according to the right constitution thereof, by His Majesties laws, both ecclesiastical and temporal, occasioned by the stating and vindicating of the Bishop of Waterford's case, with the mayor and sheriffs of Waterford / by a diligent enquirer into the reasons and grounds thereof. Stanhope, Arthur, d. 1685?; Gore, Hugh, 1612 or 13-1691. 1671 (1671) Wing S5221; ESTC R21281 74,602 136

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these men did That a Bishop the Kings principal Ecclesiastical Judge within his own Diocess has put the Inhabitants of a City into very much disorder by such arbitrary and unheard of manner of proceedings when all the disorder proceeded from themselves and no other but legal proceedings have been used herein this comes very near the saying That they are wronged in spight of any thing that can be said against it and that if they to whom they make their Application will not believe and redress them as they would have it themselves they will venture to speak as hardly of them too They will commit faults and then complain and be pettish and froward if they be not stroak't and soothed up in their complaints He that charges any in subordinate power with arbitrariness of proceedings and may escape so will at the next turn charge as bad upon those that are in superiour Authority if he have but any matter of concern then at stake and may think to be secure when he does so This begins in the Ecclesiastical Courts but will it end there it's to be feared it will not Success impunity and hopes of being countenanced therein will embolden such men to go further even to pronounce the like upon all judiciary proceedings in Civil Courts where their persons or interests are concerned and where they may be heard with freedom and safety of popular approbation it might pass for a pretty smooth contrivance for a Criminal to avoid the force of a judiciary sentence by first traducing it and to get free from the Obligation of submitting to what is decreed by affirming confidently and standing to it That the proceedings were illegal and therefore not to be obeyed If this would serve the turn who would be such a Fool as ever to be guilty or so careless of his own ease as ever to undergo any punishment But 't is worth the wonder of a sober man to think that any one should shew himself and believe others ought to think him serious herein But in truth what has preceded so much out-does this that all our wonder may be well spent upon it That men called to answer in Law should question the known and approved course and proceedings thereof carries something extraordinary with it but here is much more That they themselves should against Law so plainly fore-judge their own cause and their own persons as to exempt both from what and to confine them to what Jurisdiction they themselves best liked of The Enquiry into the absurdity unreasonableness and ill consequences of which and the evincing the Right of Episcopal Jurisdiction in the case in hand against any such illegal pretensions and attempts The putting a new mound about that ancient and established Jurisdiction which every pragmatical pettish and conceited Novelist is now seeking either by detraction in his speech or other crafty Machinations in his practice first to retrench a little and by and by utterly to abolish has hitherto employed my Thoughts and my Pen. In prosecution of which design it is now no more than time I should tell the Reader so much I have promiscuously made use of English Statutes since the time of King Henry the seventh and some memorable passages of Ecclesiastical Jurisdiction done in England as well as what peculiarly relates to this Kingdom And I cannot altogether deny but that I have done this for the Nonce for setting aside some particular Statutes relating to the peculiar state and condition of this Kingdom As to Ecclesiastical Jurisdiction we here conform in the practice and exercise of it and in the Rules and Laws it is exercised by to the same that are used in England If I be blamed for this I protect my self with what a Learned person has collected from Sir John Davys Reports in Case de commendam Ex quibus constat Hibernos sese accomodare non ad jura Anglicana tantum sed ad Leges Caesareas etiam jus Canonicum quatenus ea inter Leges Anglicanas admittuntur Dr. Duck de Authoritate Juris Civilis in Regno Hiberniae Sect 8. To whom I may add the Authority of that greatly Learned Prelate Primate Vsher for to this Chapter of the said Book as he did to all the rest he gave his particular Attestation under his own hand I mentioned at first two ends which I proposed to my self in this undertaking these I have had all along in my eye The one was that by the best reason I had and was able to improve and by the best authority I could find and was able to pr●duce I might justifie the Right and in the present case the right proceedings of Ecclesiastical Jurisdiction and so give my self a true satisfaction therein The other end is to give a satisfaction to others also for what concerns my self I have sufficiently attained it for what concerns others I have at least endeavoured to do something in Order thereto FINIS Some mistakings or omissions in Pointing the intelligent Reader may easily observe and correct And that he may please to do the like in such Lapses as are either Literal or tend to vitiate the Sense they are here in one view set down before him ERRATA PAge 17 line 7 for Jurisdictions read Jurisdiction ibid. line 8 for cognizances read cognizance page 24 margent line 2 for Statutis read Statute page 25 line 29 for in read is ibid. line 32 for paenes read penes ibid. line 34 for sine read five page 26 line 4 for vir read viz. ibid. line 8 for tali read rati ibid. line 27 for sanctis read sanctio page 29 margent Sect. 2 for amplytude read amplitude page 30 margent line 32 for without read without page 32 line 16 instead of propper cause read a proper cause page 34 line 13 for Clerii read Cleri page 41 line 20 for Regie read Regiae ibid. line 32 for Prerogativa read Praerogativa page 44 line 34 for King read King page 56 line 26 for beee read been page 68 line 15 for cognizanced read cognizance page 73 line 12 for powers read power page 82 line 4 for has read had page 103 line 26 for diversi read diversae FINIS