Cases besides those which depended on the Canon-Law For saith he the Pope usurped such a Power in derogation of the Authority Royal and then that Power must be originally in the King otherwise in the Construction of the Act it could be no Usurpation But this is a very false way of Reasoning The Pope usurped such a Power on the Crown therefore the Crown hath it of Right For the Popes Usurpations were many of them unreasonable his Primacy according to Canons being allowed and our Law did restore to the King the ancient Right and Jurisdiction of the Crown and not put him into the Possession of all the extravagant Power which the Pope usurped For this Law charges the Pope with intolerable Exactions of great Sums of Money in Pensions Censes Peter-Pence Procurations Fruits Suits for Provisions and Expeditions of Bulls for Arch-Bishopricks and Bishopricks and for Delegates and Rescripts in Causes of Contentions and Appeals Jurisdictions Legantine as well as Dispensations Licenses Faculties Grants Relaxations Writs called Perinde valere Rehabilitations Absolutions c. Now all these were Usurpations in Derogation of the Crown but doth it therefore follow that the Crown hath a Right to them all But to go no further than the Business of Dispensations Hath the King a Right by this Statute to dispense as far as the Pope The Pope usurped a Power of dispensing in Matrimonial Contracts in Oaths in Vows in some positive Divine Laws which I suppose H. 8. by vertue of the Supremacy never pretended to So that it is a very mistaken Notion of some Men That the King had all the Power which the Pope usurped And as to the Act it is plain by the Words of it That the Original Power of Dispensing was lodged in the King Lords and Commons and the Ministerial Execution of it with the Arch Bishop of Canterbury even with respect to the King himself But if the King had pretended to all the Power which the Pope usurped he must have dispensed with himself But this Author offers to Prove That there is a Power in the Crown to dispense with Acts of Parliament even such as concern the Consecration of Bishops because it is said 8 Eliz. That the Queen by her Supreme Authority had dispensed with all causes or Doubts of any Imperfection or Disability in the Persons c. To give a clear Answer to this we must consider these Things 1. That 1 Eliz. 1. The Act of 25 H. 8. for the Order and Form of Electing and Making Arch-Bishops and Bishops was revived as appears by the same Act 8. Eliz. 1. 7. 2. That by another Act 1 Eliz. 2. The Book of Common-Prayer and Administration of Sacraments and other Rites and Ceremonies of the Church of England which were in use in the time of 6 E. and repealed by Queen Mary were re-inforced 1 Eliz. 2. 2. and the Repeal annulled But by the Act 5 and 6 E. 6. c. 1. § 5. the Form and Manner of making Arch-Bishops Bishops Priests and Deacons was added to the Book of Prayer as of like Force and Authority with it 3. That the Act of E. 6. being revived with the express mention of the Alterations and Additions made to it there was ro Necessity apprehended 1 Eliz. to make a distinct Act for that which was in force already by the Name of Additions therein added and appointed by that Statute And this I conceive was the true Reason why a Bill did not pass 1 Eliz. to that purpose For I find by the Journals of the House a Bill was prepared and read the third time in the House of Lords but upon Consideration it was laid a side as superfluous 4. That the Popish Party took Advantage of this and pretended That the Book of Consecration c. was not established by Law being not expresly mentioned and therefore the Bishops made by it were not Legal Bishops And upon this Bonner resolved to stand the Trial against Horn Bishop of Winchester as may be seen in Dyer R. f. 234. So that the Papists then stood upon it That the Crown could not dispense with Laws otherwise Bonner's Plea signified nothing For if there were such an Inherent Right in the Crown to Dispense with Laws in Ecclesiastical Matters then these were Legal Bishops having all the Queen 's Dispensing Power for them 5. The Clause in the Queen's Letters Patents for Dispensing with Imperfections and Disability was put in out of abundant Caution and not for any Necessity that we can find But it was Customary in the Popes Bulls to put in such kind of Clauses and therefore they would omit no Power in that Case which the Pope did pretend to which the Act faith was for avoiding all Ambiguities and Questions 6. But after all lest there should be any Colour for Disputing this Matter left according to the express Letter of the Law therefore it was declared 8 Eliz. 1. 3. That not only the Book of Common-Prayer but the Form of Consecrating Archbishops Bishops c. which was set sorth in Edward the Sixth's Time and added to the Common Prayer shall stand and be in full Force and Effect And all Acts done by it are declared to be Good and Perfect to all Intents and Purposes So that this Act of Parliament doth rather overthrow a Dispensing Power for if there were then such a Supreme and Absolute Power in the Crown as to Ecclesiastical Matters what need such an Act of Parliament to Confirm and Ratifie what our Author supposes done by virtue of it But to return to the 25th of H. 8. In the same Act of Parliament care is taken for the Visiting Exempt Places as Monasteries Colledges and Hospitals by a particular Commission under the Great Seal But that which comes nearest to our Business is That 26 H. 8. c. 1. another Act passed wherein the King's Supremacy is acknowledged and a Power given by Act of Parliament for him to Visit Redress and Amend all Errors Heresies Abuses Contempts and Enormities whatsoever which by any manner of Spiritual Authority or Jurisdiction ought or may lawfully be Reformed in any Usage Custom Foreign Laws Foreign Authority Prescription or any Thing or things to the contrary hereof notwithstanding If the King had this Power by virtue of his Supremacy and Prerogative Royal can we imagin H. 8. so weak a Prince and so little a valuer of his own Prerogative as to have that given him by Act of Parliament which was acknowledged to be in him before But the Words are express And that our Sovereign Lord c. shall have full Power and Authority from Time to Time to Visit c. From whence it follows That in the Judgment of H. 8. and the Parliament such a Power was not personally inherent in him but that it did belong to the Legislative Power and therefore an Act of Parliament was required for it so that the Supremacy as then setled by Law lay in a total rejecting any Foreign Jurisdiction
and governing this Church and Kingdom by our own Laws Which is well expressed in the Preamble to the Act against Appeals viz. That this Realm of England is an Empire governed by one Supreme Head and King having the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body Politick compact of all Sorts and Degrees of People divided in Terms and by Names of Spiritualty and Temporalty been bounden and ought to bear next to God a Natural and Humble Obedience By virtue of this Act Cromwel was made Vicegerent and Vicar General for both are in the same Commission and the King gave to him omnem omnimodam Jurisdictionem Authoritatem sive Potestatem Ecclesiasticam quae nobis tanquam supremo Capiti hujusmodi competit c. which are the Words of his Commission It 's true That the Power of granting a Commission to exercise this Power is not expressed in the Act of Parliament but it being vested in the King by the Act he might appoint One or more Commissioners to do it in his name but the Case is very different where that very Power of Delegation is taken away by Act of Parliament for that is the present Case To make this clear we must consider the Words of this Act and compare them with 1 Eliz. 1. the 17 Car. 1. 12. and the present Commission The Words 26 H. 8. 1. are the same in effect with those 1 Eliz. 1. But with this observable Difference That whereas the Statute of H. 8. gives the King his Heirs and Successors full Power and Authority from Time to Time to Visit c. That of 1 Eliz. 1. unites the Jurisdiction to the Imperial Crown of this Realm but then it doth not proceed as the other did To give full Power and Authority to her her Heirs and Successors to visit c. but the Words are And that your Highness your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by this Act by Letters Patents under the Great Seal of England to Assign Name and Authorise when and as often as your Highness your Heirs and Successors shall think meet to Exercise Use Occupy and Execute under your Highness your Heirs and Successors all manner of Jurisdictions Priviledges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction c. so that the Administration of this Extraordinary Jurisdiction is by this Act limited to such who are nominated and appointed by the Letters Patents The Fountain of all Jurisdiction is acknowledged to be in the Imperial Crown of this Realm but the Administration is twofold Ordinary in the Archbishops Bishops and Ecclesiastical Courts and to secure their Dependance on the Crown the Oath of Supremacy is required by this Act to be taken by every Archbishop Bishop and all Ecclesiastical Persons and Officers But besides this it was then thought fit That there should be an Extraordinary Administration of it which is limited by this Act to such as should be nominated and appointed in Letters Patents c. and no other Reason can be given of the Change from what it was in the Time of Henry the Eighth for it is not now placed absolutely as then in the Queen her Heirs and Successors but the Jurisdiction is annexed to the Crown and the Extraordinary Administration to be by Commission under the Broad Seal Now since this Power of nominating Commissioners for Extraordinary Jurisdictions is taken away by Act of Parliament the only Question is Whether notwithstanding the Right of Jurisdiction being still in the Crown a new Commission may not be granted for Extraordinary Jurisdiction There had been no Question in this Case if the Administration of Extraordinary Jurisdiction had not been setled 1 Eliz. 1. to be by Commission and that very Power of granting such a Commission had not been taken away by Act of Parliament But as the Matter now stands the only Pretence left for it is That the same Act which confirms the Repeal hath a Salvo for the King's Supremay in these Words Provided always That this Act shall not extend or be construed to extend to abridg or diminish the King's Supremacy in Ecclesiastical Matters or Affairs If these Words be taken strictly with Respect to the same Matter they make the Act inconsistent with it self For then the meaning would be The King's Supremacy shall not extend to the setting up such a Court always provided that his Supremacy notwithstanding this Act may extend to the setting up such another Court. Is it consistent with the Wisdom of a Parliament to make such delusory Acts Therefore we must understand the King's Supremacy in other Matters And there was this Reason for it All the Acts of Parliament touching the Supremacy in Henry the Eighth's Time were repealed by Queen Mary and the Restoring the Supremacy to the Crown was by the same Act which set up the High Commission and therefore when part of that Act was Repealed and that Repeal confirmed it was fitting to add a Clause That there was no intention to abridg or diminish the Supremacy setled by Law especially since by that Act the Ordinary Jurisdiction of the Bishops in their Courts was revived And it is very well known what Clamors had been made As though the Bishops Courts being held in their own Names were inconsistent with the King's Supremacy and although the Judges had declared July the first 1637. That there was no necessity that Processes Ecclesiastical should be in the King's Name and the King August the eighteenth in 13 Car. 1. published a Proclamation to that purpose Yet all this did not satisfie some but the Bishops were still thought by them in their Ordinary Jurisdiction to usurp upon the King's Supremacy and to abridg and diminish it therefore when this Act passed to revive their Jurisdiction it was no more than reasonable to add such a Clause to prevent Misconstruction viz. That this Act nor any thing in it be construed to extend to abridg or diminish the King's Supremacy in Ecclesiastical Matters as the Ordinary Jurisdiction of the Bishops had been thought to do And the Vindicator of the Ecclesiastical Commission could not forbear a Marginal Note to that purpose The Court held by his Majesties Ecclesiastical Commissioners is more legal than the Bishops Courts This is in the Kings Name theirs in their own Name only As though the new setting up a Court forbidden by Law did not make it illegal in whose Name soever it were and as though Courts expresly owned and allowed by Law were illegal meerly because the Forms of their Proceedings do not run in the Kings Name But I desire him to take an Answer from his own Oracle the L. Ch. J. Coke Now albeit the Proceedings and Process in the Ecclesiastical Courts be in the Name of the Bishops c. it followeth not therefore that either the Court is not the Kings or the Law whereby they proceed
A DISCOURSE CONCERNING THE ILLEGALITY OF THE LATE Ecclesiastical Commission In ANSWER to the VINDICATION and DEFENCE of it Wherein the true Notion of the LEGAL SUPREMACY Is CLEARED And an Account is given of the Nature Original and Mischief OF THE DISPENSING POWER LONDON Printed for Henny Mortlock at the Phoenix in St. Paul's Church-Yard and at the White Hart in Westminster-Hall M D C LXXXIX AN Advertisement THIS Discourse concerning the Illegality of the Late Ecclesiastical Commission was written when the Author of it was summoned to appear before it and was in continual Expectation of undergoing its Censure for not Complying with the Orders of it This put him upon an Enquiry into the Grounds on which it stood From whence he proceeded to search into the True Notion of the Legal Supremacy and finding it very imperfectly set down in the famous Fifth Report De Jure Regis Ecclesiastico he took the Pains to Examin it through every Reign there mentioned and upon the whole Matter he finds him and his Adversary F. P. equally mistaken But in the Management of it he hath rather endeavoured to give Light to the Thing than to discover any Mans Errors And it is hardly possible to settle the Notion of it aright without considering the Practice of other Countries as well as our own Of both which the Reader will find a short but impartial Account which I believe the Author could more easily have inlarged than have brought it into so narrow a Compass By this I hope the World will see That it was not Humor or Faction but a real and well-grounded Dissatisfaction which made those of the Church of England oppose the Proceedings of that Time and that such have as great and real a Zeal for the Ancient and Legal Constitution of our Government as those who make a greater Noise and Clamor about it and that not upon any new Notions or Phrases but upon the very same Grounds which our Ancestors made use of and carry in them the true Basis of our English Government It is possible some worthy Men may have carried some Notions beyond our Legal Constitution but the more they search into it the better Opinion they will have of it Which I think is so well setled that every Deviation from it tends to our Ruin. As to the Dispensing Power the Author hath inlarged that Part since some late Discourses have been published both for and against it He hath neglected nothing which hath been most plausibly pleaded for it but hath given a full Answer to the most material Instances which have been insisted on in behalf of it And after all I cannot but conclude That the Dispensing Power is a kind of Mental Reservation which quite alters the Meaning and Design of a Law. When the Late Ecclesiastical Commission was superseded if not dissolved the Author laid by these Papers as Useless but having communicated them to one Particular Friend whose Judgment and Authority he had a great Regard to he hath been prevailed with by him to make them Publick at this Time It being still necessary to shew with what Justice and Reason we refused to own the Jurisdiction of it And it seems to me as hard to reconcile it to our Laws as Liberty of Conscience to the Principles of Popery or the Worship of Images to the Second Commandment THE CONTENTS CHAP. I. THE State of the Question concerning the Court of the late Ecclesiastical Commission Pag. 1 CHAP. II. The King's Supremacy by Common-Law enquired into Coke's fifth Report de Jure Regis Ecclesiastico examined p. 8 CHAP. III. Whether the King's Supremacy by Law extends to the Dispensing with Laws Of the Nature and Original of that Power The Inconsistency of such a Dispensing Power with the Frame of our Government p. 25 CHAP. IV. Of the Alterations made in the Supremacy by the Statutes of Henry the Eighth with an Answer to the Objections p. 49 THE LEGALITY OF THE COURT OF Ecclesiastical Commission Stated and Argued In ANSWER to the VINDICATION and DEFENCE of it CHAP. I. The State of the Question concerning the Court of the late Ecclesiastical Commission The Case stands thus BY the Act of 1 Eliz. 1. it was established and enacted That such Jurisdictions Priviledges Superiorities and Preheminencies Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority have 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 Heresies Schisms Abuses Offences Contempts and Enormities shall for ever by this present Parliament be united and annexed to the Imperial Crown of this Realm And that the Kings and Queens of this Realm shall have ful Power and Authority by virtue of this Act by Letters Patents under the great Seal of England to assign name and authorize when and as often as they shall think meet and convenient and for such and so long time as they shall think meet to exercise use occupy and execute all manner of Jurisdictions Priviledges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these Realms and to visit reform redress order correct and amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities what soever which by any manner of Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the Pleasure of Almighty God the increase of Virtue and the conservation of the Peace and Unity of this Realm And that such Person and Persons so to be named authorized and appointed after the said Letters Patents to him or them made and delivered shall have full Power and Authority by virtue of this Act and of the said Letters Patents to exercise use and execute all the Premises according to the Tenour and effect of the said Letters Patents any Matter or Cause to the contrary in any wise notwithstanding But in the Act 17 Car. 1. c. 11. after the recital of this latter Clause these words follow And whereas by Colour of some Words in the aforesaid Branch of the said Act whereby Commissioners areauthorized to execute their Commission according to the Tenor and Effect of the King's Letters Patents and by Letters Patents grounded thereupon the said Commissioners have to the great and unsufferable Wrong and Oppression of the King's Subjects used to fine and imprison them and to exercise Authority not belonging to Ecclesiastical Jurisdiction restored by that Act and divers other great Mischiefs and Inconveniences have also ensued to the King's Subjects by occasion of the said Branch and Commissions issued thereupon and the Executions thereof therefore for the Repressing and Preventing of the aforesaid Abuses Mischiefs and Inconveniences in time to come Be it enacted by the King 's Most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority
of the same That the aforesaid Branch Clause Article or Sentence shall from henceforth be repealed annulled revoked annihilated and made void for ever any thing in the said Act to the contrary in any wise notwithstanding Then after a Clause relating to ordinary Jurisdiction repealed 13 Car. 2. c. 12. the Act concludes thus And be it further enacted That from and after the said first Day of August no new Court shall be erected ordained or appointed within this Realm of England or Dominion of Wales which shall or may have the live Power Jurisdiction or Authority as the said High-Commission-Court now hath or pretendeth to have but that all and every such Letters Patents Commissions and Grants made or to be made by his Majesty his Heirs and Successors and all Powers and Authorities granted or pretended or mentioned to be granted thereby and all Acts Sentences and Decrees to be made by virtue or colour thereof shall be utterly void and of none effect By the Act 13 Car. 2. c. 12. This Repeal stands good in the first Proviso and in the second Clause where that which concerns Ordinary Jurisdictions is repealed an Exception is put in in these Words Excepting what concerns the High-Commission-Court or the new erecting some such like Court by Commission The Case which arises from hence is Whether these Acts of Parliament only take away the Power of Fining and Imprisoning from any Ecclesiastical Commission granted by the King so that notwithstanding these Repeals the King may still constitute a Commission proceeding by Ecclesiastical Censures And for the same Ends which are expresly mentioned in the Statu te repealed viz. To exercise use occupy and execute all manner of Jurisdictions Privileges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within this Realm of England and Dominion of Wales and to visit reform order correct and amend all Abuses Offences Contempts and Enormities whatsoever which by the Spiritual and Ecclesiastical Laws of this Realm can or may lawfully be reformed ordered redressed corrected restrained or amended to the Pleasure of Almighty God the Increase of Vertue and the Conservation of the Peace and Unity of this Realm These are the Powers of the present Commission and are the same which are mentioned in the Act of Repeal 17 Car. 1. c. 11. only Errors Heresies and Schisms being left out It cannot be denied That the Power of Fining and Imprisoning is most expresly taken away and that is assigned as one Reason and Occasion of repealing the Clause of 1 Eliz. 1. which establishes the Court but I cannot be satisfied that this was all that was intended by the Act 17 Car. 1. c. 11. And that for these Reasons 1. If no more had been intended then it had been sufficient to have destroyed the Letters Patents by which the Power of Fining and Imprisoning was granted without mentioning the Act of Parliament which gives no such Power But the Act of Repeal 17 Car. 1. c. 12. begins with the Act of Parliament Whereas in the Parliament holden in the first Year of Queen Eliz. there was an Act made and established c. In which Act among other things there is contained one Clause Branch Article or Sentence whereby it was Enacted to this effect c. Then follows all the Enactin Clause and after it the Abuses of the Power by the Letters Patents are reckoned up viz. Fining and Imprisoning and other great Mischiefs and Inconveniences Therefore for the repressing and preventing of them not meerly the Power to Fine and Imprison but the whole Clause and all things contained in it are from thenceforth repealed annulled revoked annihilated and utterly made void for ever What need all this if no more were designed than to take away the Power of Fining and Imprisoning It is plausibly argued by the Lord Coke That the Power to Fine and Imprison was not agreeable to the Design of the Act. 1. Because the Title of it is An Act restoring to the Crown the Ancient Jurisdiction but the Ancient Jurisdiction Ecclesiastical had not a Power to Fine and Imprison but proceeded only by Ecclesiastical Censures 2. Because the Power to reform order and correct all Errors Heresies c. was to be such as may be lawfully reformed corrected restrained or amended by any manner of Spiritual Ecclesiastical Power Authority or Jurisdiction which did not extend to Fine and Imprisonment 3. The Tenor of the Letters Patents was to exercise use and execute all the Premises Since therefore the Premises go no further than Ecclesiastical Jurisdiction the Letters Patents could give no such Power being in pursuance of the Act. But it is agreed saith he That before this Act no Man could be punished by Fine and Imprisonment by any Ecclesiastical Power unless it were by force of some Act of Parliament But because the Act saith They are to use and execute all the Premises according to the Tenor and Effect of the Letters Patents Others have thought That the Power to Fine and Imprison being within the Letters Patents the Act of Parliament did bear them out in pursuing what was in the Tenor of them But in my Opinion this Matter ought to be a little further cleared and therefore we must distinguish between the Original Commission and the Supplemental Power added to enforce it The Original Commission extended no farther than Ecclesiastical Jurisdiction as is plain from tho reading of the Statute and that of it self could go no further than Ecclesiastical Censure But because of the Circumstance of that Time when as the Lord Hobart in a M. S. Discourse of the High Commission observes The Persons most concerned did slight the Ecclesiastical Censures therefore it was thought necessary in the Letters Patents to grant them a new Commission to enforce the former and that extended to Fine and Imprisonment For in the High Commission for the Province of York which is preserved distinct Powers are granted which are not in the Act. For whereas the Act goes no further than the Ecclesiastical Jurisdiction the Commission gives them Power to proceed after another manner than by Ecclesiastical Censures for the Words are Contumaces autem Rebelles si quos invenerint tam per Censuras Ecclesiasticas quam Personarum apprehensionem Incarcerationem c. ac quaecunque alia Juris Regni nostri Remedia compescendum c. Here we see plainly a Conjunction of the Power of Common Law added to that of the High Commission by virtue of the Act of Parliament and so in all probability it was in the Letters Patents for the High Commission in this Province which bore equal Date with the former And although the Date of the High Commission was before the Depriving of the Bishops I Eliz. Yet I see no ground for my Lord Coke 's Assertion which the Defendant takes for granted p. 13. That this Commission was first granted for depriving the Popish Bishops and that about Twenty were
was saith Florentius Wigorniensis congregata Synodo sub praesentia Regis Egfridi The Archbishop Theodore likewise deposed Winfred Bishop of the Mercians saith the same Author after Bede for some Disobedience and consecrated Saxulphus the first Abbot of Peterborough in his Place This Winfred had been present at the Council at Herudford and there consented to the Canons then first received in the English Church and there they submitted to Ecclesiastical Censures upon the Violation of them At this Council saith Matt. Westminster were present not only all the Bishops but all the Kings and Great Men of the Nation so that the first Canons were received in a full Parliament One of these Canons was for increasing the Number of Bishopricks as the Number of Believers increased And upon this Canon Theodore proceeded against both Wilfred and Winfred For not long after Theodore divided his Bishoprick into five but it was done saith Florentius consensu ejusdem Regis Principum illius as Ina divided the Western Province into two Bishopricks Synodali Decreto saith Mat. Westminster which then was the same as by Act of Parliament And the opposing such a Division seems to have been the Crime of Disobedience for which he was deprived by the Archbishop For as Bede observes of him He first exercised Ecclesiastical Jurisdiction over all England In the great Council at Beâ—anceld where King Withred was present A. D. 694. with his Nobles Ducibus Satrapis in unum glomeratis together with the Clergy He there disowrs any Ecclesiastical Jurisdiction and leaves it to the Archbishop of Canterbury Metropolitani Episcopi est Ecclesias Dei regere gubernare c. and then follows Presbyteros Diaconos eligere statuere sanctificare firmare amovere And he makes this an inviolable Law as far as his Words could make it Si quis autem Rex post nos levatus in Regnum aut Episcopus aut Abbas vel Comes vel ulla potestas hominum contradicat huic Chartuae aut infringere tentaverit sciat se sequestratum à Corpore Sanguine Domini c. And after it follows Haec Lex inviolabilis usque ad consummationem Saeculi permaneat c. Mr. Prynn out of his old Kindness to the Archbishops of Canterbury in his vast Heap of Collections would have this rejected as Spurious but Sir H. Spelman whose Judgment was far beyond the others saith He had perused five MSS. of iâ— whereof one was with a mixture of Saxon Letters and he had â—o Mistrust of its Sincerity And the Learned and Judicious Editors of the Decem Scriptores Sir Roger Twisden and Mr. Selden have thought fit to insert it after them out of a MS. in CCC But Mr. P. thinks it is contradicted by the Council of Berghamstead about Ecclesiastical Affairs under King Withred But I can find nothing like it It is true there are Laws made concerning Ecclesiastical Matters by common consent of the King the Nobles and Bishops but the very first is Ecclesia libera sit fruaturque suis judiciis c. But besides in the Great Council at Clovesho where AEthelbaldus King of Mercia was present and Cutbert Arch-Bishop of Canterbury with the other Bishops this Charter of Withred's was read and approved and consirmed with the like Sanction annexed to it In the Council at Clovesho A. C. 787. The extent of the Jurisdiction of the Archbishop of Canterbury was very much lessened by the means of King Offa who caused another Archbishoprick to be set up in Mercia and the Archbishop of Canterbury gave his Consent saith Matt. Paris But his former Jurisdiction was restored in the Council of Clovesho A. D. 803. by a general Consent But in the former Council the Ecclesiastical Jurisdiction was strenuously asserted in these Words Sicut Reges omnibus dignitatibus praesunt ita Episcopi in his quae ad Deum attinent And in the latter there is a severe denunciation against all that should lessen the Honour or take away the Jurisdiction of that See. From henceforward I find no Diminution of the Archbishop's Ordinary Jurisdiction through the Saxon times The King had the Political Supremacy in him by which he erected and divided Bishopricks and nominated Bishops and summoned Councils and confirmed their Proceedings as he saw Cause but the immediate Ecclesiastical Jurisdiction was left to the Archbishop of Canterbury in the first place and to the rest of the Bishops As to any Publick Acts which related to Ecclesiastical Affairs they were not dispatched by particular Commissions but in the Parliamentary Assemblies In which the custom was to begin with what related to the Church and then to proceed to other Business Of this Ingulphus gives us an Instance in Ceolnothus Archbishop of Canterbury for in the Parliament Assembled at Kingsbury A. C. 851. in Hebdomada Pasch. which was chiefly assembled pro Regni negotiis yet even then he proposed That Church Affairs might be first dispatched Divina Negotia debere primitus proponi to which they all assented And so Bertulphus his Charter of Crowland then passed as Withlasius his did before at a time when the Bishops and Nobles attended the King at London to consult about the Danish Pyrates which very much infested our Coasts Thus AEthelwolfus passed his Famous Grant of the Tenth of all the Lands to the Church in a Council at Winchester himself and the Kingâ— of Mercia and East-Angles being present and all the Nobility and Bishops giving their free Consent as Ingulphus relates it Several others might be produced but these are sufficient And the Saxon Laws are a plain Evidence That Church-Matters were in those times determined in the same Assemblies wherein the other Laws of the Kingdom were passed In the Reign of King Edward the Confessor The next Instance is of Edward the Confessor who saith in his Laws That he is Vicar of the highest King and he is ordained to this end that he should Govern and Rule the People of the Land and above all things the Holy Church and that he defend the same from Wrong-doers and root out Workers of Mischief F. Parsons saith All this was by Commission from the Pope such as the Kings of Sicily had But in my Opinion this is a very bad Answer For it supposes Persons otherwise uncapable to be made capable of the same Jurisdiction which follows Orders provided they have a Delegation from the Pope Which is in effect to confound all Ecclesiastical Jurisdiction in any but the Pope himself and those to whom he commits it But those who assert the Right of Jurisdiction to follow the Power of Order must first suppose a Person duly qualified before he can receive from the Pope himself the Power of Ecclesiastical Jurisdiction If therefore a Prince hath not an inherent Right to it he cannot receive it by Commission from the Pope And the Powers which the King of Sicily challenges relating to
their Private Capacities but he can do what he will with the Publick I had thought a Prince had been in the first Place bound to regard the Good of the Publick and to take Care of the salus Populi complicati as it is called i. e. as they are imbodied together and not of the Private Interests of particular Men which can never be preserved when the Publick Safety is not secured 3. It is granted That in Penal Laws by Act of Parliament where the Offenders are punishable at the King's Suit but where the Offence is to the immediate Wrong of Particular Persons and for which the Law gives them special Actions the King cannot Dispense Never was Law more tender of the Interest of Particular Persons than ours But suppose a Penal Law by Act of Parliament relates immediately to the Publick and gives no particular Persons any Special Actions is such a Law therefore Dispensable because only the Publick Good and the Safety of the Nation are concerned which are not it seems to be valued with the Private Interests of Particular Men. They who affirm such things may be very learned in Book Cases but they do not seem to have studied the Jus Publicum as Bracton calls it which concerns Statum Reipub. or the Political Law of this Nation which shews the great Respect which the Good of the Community ought to have above Private Interests But when Persons take up their Notions and Maxims from Laws relating to Meum and Tuum they are very apt to judge of Publick Laws according to those Measures 4. It is granted That the King cannot license a Baker Brewer or Victualler to break the Assize of Bread or Ale nor a Miller to take more Toll than the Law appoints therefore these are mala prohibita nor a Taverner to break the Assize of Wine Nor a Butcher to sell measled Swines-Flesh or Murrain Flesh nor any Man to forestal the Market by a non obstante of the Statute de Pistoribus which prohibits all these under several Penalties Nor can he licence Butchers Fishmongers Poulterers or other Sellers of Victuals nor Hostlers to sell Hay and Oats at what Price they please by a non obstante of the Statute of 23 E. 3. c. 6. and 13 R. 2. c. 8. Still the Law is extreamly tender of us as to Meat and Drink and not only for our selves but for our Horses too so that the King cannot Dispense with the Laws about them And yet can we think so meanly of the Wisdom of our Ancestors that they would take such Care of Bread and Wine and Horse-Meat that the King himself could not inhance the Price of them but that as to their Laws which relate to the Publick they were content to leave them to the Will and Pleasure of their Prince No one that reads the History of our Ancestors and the Contests they had with Kings to obtain their Publick Liberties could ever entertain such a Thought concerning them 5. If Foreign Manufactures or Foreign Corn be prohibited for support of the Natives a Licence to one or more to bring them in if General is void by the Case of Monopolies notwithstanding a non obstante This is certainly Malum prohibitum and yet the King cannot Dispense with it And it is really a very hard Case if the King cannot Dispense with a Monopoly in Trade and may Dispense with a Monopoly in Religion i. e. That notwithstanding all the Laws for setling our Religion at Home he may grant a Licence to Foreigners to introduce another although never so repugnant to our Laws for none who understood our Affairs could imagine That this Dispensing Power was set up for any other End. But what shall we say to the Precedents on the other side I shall pass by others which have been sufficiently answered already and only speak to that which above all others hath been declared to be the Foundation of the Dispensing Power and therefore deserves to be farther cleared and that is The Case of Dispensing with the Statutes about Men's continuing Sheriffs more than a Year which is urged as plain and concluding because it was for a Publick Good and preventing great Mischiefs yet the King's Power of Dispensing in this Case was allowed by all the Judges of England 2 H. 7. and this hath been cited as adjudged in several Books of great Authority Fitz-Herbert Plowden Coke c. and the Practice hath ever since been accordingly This is the whole strength of the Argument And I shall not repeat what others have already said to shew that this was not the Reason of the Judicial Sentence then given but the particular Ground of one of the Judges after they had declared the Patent to be good But however that were it cannot be denied that great Lawyers since that time have taken it to have been the Sense of the Judges then For Coke's Words are express in Calvin's Case It is Enacted by the Parliament of 23. H. 6. That no man should serve the King as Sheriff of any County above one Year and that notwithstanding of any Clause of Non-obstante to the contrary that is to say notwithstanding that the King should expresly dispense with the said Statute howbeit it is agreed in 2 H. 7. That against the express purview of that Act the King may by a special Non-obstante dispense with that Act. Here it is plain that in Coke's Opinion at least the Judges did agree that although King and Parliament had made an Act which made void any Grant with a Non obstante yet that such a Grant made afterwards with a special Non obstante was good I am not much concerned whether it were their Opinion or not because I think there is much greater Reason and stronger Authority on the other side 1. As to Reason If a Non-obstante from the King be good when by Act of Parliament a Non-obstante is declared void what doth an Act of Parliament signifie in such a Case Must we say It is a void Clause But then to what purpose was it put in Did they who made the Act understand it to be a void Clause when they put it in Certainly it was then thought otherwise and if it were so we have the Authority of the Parliament against the Opinion of the Judges If it were not a void Clause then how came it to be so afterwards What Alteration was made in the Law of England in that Interval and by whom How comes a Clause that had force in 23 H. 6. to have none 2 H. 7 Could Radcliff or the rest by their Opinions destroy the Force of an Act of Parliament No But Coke saith No Act can bind the King from any Prerogative which is sole and inseparable from his Person but he may dispense with it by a Non-obstante as a Sovereign Power to command any of his Subjects to serve him for the Publick Weal and this solely and inseparably is annexed to his
Person and this Royal Power cannot be restrained by any Act of Parliament neither in Thesi nor in Hypothesi but that the King by his Royal Power may dispense with it for upon the Commandment of the King and Obedience of the Subject does his Government consist as it is provided by the Statute of 23 H. 6. c. 8. That all Patents made or to be made of any Office of a Sheriff c. for Term of years or for Life in Fee-simple or in Tail are void and of none effect any Clause or Parol of Non-obstante put or to be put into such Patents to be made notwithstanding And further Whosoever shall take upon him or them to accept or occupy such Office of Sheriff by vertue of such Grants or Patents shall stand perpetually disabled to be or bear the Office of Sheriff within any County of England by the same Authority And notwithstanding that by this Act 1. The Patent is made void 2. The King is restrained to grant a Non-obstante 3. The Grantee disabled to take the Office yet the King by his Royal Sovereign Power of commanding may command by his Patent for such Causes as he in his Wisdom doth think meet and profitable for himself and the Commonwealth of which he himself is sole Judge to serve him and the Weal Publick as Sheriff for such a County for years or for Life c. And so was it resolved by all the Justices of England in the Exchequer Chamber ' 2 H. 7. Here the Point is resolved into an inseparable Prerogative in the King which no Act of Parliament can restrain although made with his own Consent Is there no Act of Parliament then which this great Lawyer will allow to restrain the King's Prerogative so as he cannot disperse with it What saith he to the Case of Buying Offices at Court Cannot the King by vertue of his Prerogative order his Houshold as he pleases to dispose of Offices about him as he thinks fit No. The same Lawyer saith That no Non obstante could dispense with the Act against buying of Offices And yet one would think that the King had as great a Prerogative in the Court as over the Kingdom But how comes he to say That the King can dispense notwithstanding the Disability when elsewhere he saith The King cannot dispense in the Case of a Disability by Law For the Reason he gives why the King cannot present a Man to a Living who is convict of Simony is because the Law hath disabled him Very well And yet in this Case although the Law hath disabled him the King may dispense Where are we now The King can dispense with a Disability and he cannot dispense with it This is indeed a very dark learning of Dispensations as C. Justice Vaughan well called it for we cannot yet find the way through it Can the King dispense with a Disability in Law or not If not the Case of Sheriffs is gone If he can then why not in the case of Symony Why not as to sitting in Parliament without taking the Oaths No here is a Disability in Law. What then Cannot the K. dispense with a Disability in one Case as well as the other Bu the same Person saith That in that Case because the Words amount to a Disability the King cannot dispense and here where the Disability is expressed he may But we are lately told there are two sorts of Disabilities one is actually incurred as that upon the Members who sit without taking the Oaths and the other is a Disability annexed to the Breach of a Law as a penalty and that penalty not to be incurred before a Legal Conviction and in this Case the King's Dispensation coming before the Conviction doth prevent it by making that lawful which would not have been so without it But when a Disability is actually-incurred it cannot be taken off but by Act of Parliament I Answer That if the Law which makes the Disability doth allow of a Dispensation antecedent to the Conviction then I grant that the Dispensation before Conviction prevents the Disability As in Digby's Case if the Dispensation had come before Institution the Disability as to holding the former Living had been prevented because the Law doth expresly allow of a Dispensation in the Case But here is no such thing The Act of Parliament supposes no Dispensation but makes an utter Disability as to the holding the Office in Sir Edward Hales his Case but a dispensing Power is set up against the Act of Parliament and such a Dispensation neither before nor after Conviction can prevent a Disability If it could I can by no means see why it might not as well hold as to Members of Parliament at least as to the Oath of Supremacy if they take their Dispensation before Sitting in the House For the Disability doth not take place till they enter the Parliament 5 Eliz. c. 1. And he that entreth the Parliament without taking the said Oath shall be deemed no Knight Citizen Burgess or Baron nor shall have any Voice but shall be as if he had been never Returned or Elected The Intention of the Law for the Test was a disability to hold the Office but it allows time for Persons to qualifie themselves as appears by the Act for the Test. Is not this plain overthrowing the design of the Law for Persons instead of doing what the Law requires to take out a Dispensation for not doing it and so prevent the Disability And what doth a Law signifie when the very design of it is overthrown And what is the Power of making Laws by common Consent in Parliament if without such Consent the whole force of the Law may be taken away by a dispensing Power So that this doth not meerly make Laws to signifie nothing but according to Will and Pleasure but it makes our very Constitution insignificant which requires to every Law the Consent of the People in Parliament As for Instance By the first Constitution of the Roman Government the King had the custody of the Laws but no Laws were to be made but by the Consent of the Roman People in the Curiae thence called Leges Curiatae Would any one have thought this any Privilege if after these Laws were passed the King should claim an inseparable Prerogative of dispensing with them as he sees Cause For it is implied in such a Fundamental Contract as this that Laws when made should not lose their Force without their Consent who made them Else it is not Contractus bonae Fidei I will not dispute whether this were the Original Contract of our Nation or not but this I may say That when our Government came to a Settlement after long struglings this was one of the Fundamental Articles of it That no Laws should pass or Burdens should be laid upon the People but by their own Consent in arliament Bracton saith That a Law among us supposes the Authority of
Particular Statute made for the Security of our Religion or for a Suspension of our Ecclesiastical Laws CHAP. IV. Of the Alterations made in the Supremacy by the Statutes of Henry the Eighth with an Answer to the Objections I Now come to the Alterations made in our Laws about the King's Supremacy in the Time of Henry the Eighth 24 Hen. 8. c. 12. An Act passed for taking away all Appeals to Rome which is founded on the King 's Natural and Independent Right of Governing and doing Justice to all his People and the Sufficiency of his own Clergy for Hearing and Determining such Matters as belonged to their Function and therefore all Causes are to be Heard Discussed Examined finally and definitively Adjudged and Determined within the King's Jurisdiction and Authority and not elswhere in the Courts Spiritual and Temporal But if the King be concerned then it is referred to the Upper-House of Convocation The Preamble of this Act against Appeals to Rome is considerable Whereas by divers Authentick Histories and Chronicles it is manifestly declared and expressed That this Realm of England is an Empire governed by one Supreme Head and King c. with plenary whole and entire Power Preheminence Authority Prerogative and Jurisdiction c. for final determination of Causes c. so that here is an Appeal to Ancient History in this Matter and we have still sufficient Evidence of it before the Popes Encroachments prevailed The Bishops and Barons told Anselm in William Rufus his time It was a thing unheard of and contrary to the Custom of his Realm for any one to go to Rome without the King 's Leave which is after explained by way of Appeal Anselm made but a shuffling Answer to this although he had sworn to observe the Customs of the Realm and he could not deny this to be one but he pretended It was against S. Peter 's Authority and therefore could not observe it for this were saith he to abjure S. Peter From whence I infer That the Custom of the Realm was then thought by Anselm to be inconsistent with the Pope's Authority For whatever they talk of S. Peter it is the Pope they mean. In the Reign of H. 1. the Pope complains grievously That the King would suffer no Appeals to be made to him and that due Reverence was not shewed to S. Peter in his Kingdom and that they ended Ecclesiastical Causes at Home even where Bishops were concerned and very learnedly quotes the Deâ—retal Epistles against them Afterwards the Pope sent his Legate and the King denied him Entrance and the whole Parliament rejected it as contrary to the Ancient Custom and Liberty of England That Passage in the Laws of H. 1. c. 5. which seems to allow of Appeals is a mere Forgery the whole Chapter being a Rapsody taken out of the Canonists H. Huntingdon saith That Appeals were brought in in King Stephen 's time by Henry Bishop of Winchester his Brother being the Pope's Legate By the Constitutions of Clarendon c. 8. the Appeal lay from the Archbishop to the King which is well expressed by Robert of Gloucester And the K. amend solde the Ercbishops deed And be as in the Pope's sted and S. Thomas it withsteed And although H. 2. in his Purgation for the Death of the Archbishop did swear That he would hinder no Appeals to Rome in Ecclesiastical Causes and that he would quit the Ancient Customs of the Realm Yet Hoveden saith The Constitutions of Clarendon were renewed in the Parliament at Northampton and the Justices in Eyre were sworn to observe them and to make others observe them inviolably And for those who went out of the Kingdom in Case of Appeals the Justices were to enquire per consuetudinem Terrae according to the Ancient Custom and if they did not return and stand to the King's Court they were to be outlawed In the Time of R. 1. the Popes complained much of Geofry Archbishop of York for slighting Appeals made to Rome and imprisoning those that made them Celestine doth it twice and in the same Words And Innocent the Third in King John's Time renews the same Complaint of him That he shewed no regard to Appeals made to the Apostolick See. But when the Rights of the Crown were given up by King John to the Pope no Wonder if the Liberties of Appeals were granted by him But yet in the succeeding Reigns we have several Instances upon Record of Persons imprisoned by the King for making Appeals to Rome John of Ibstock in the Time of E. 1. The Abbot of Walden and a Prebendary of Banbury in the Reign of E. 2. The Parson of Leighe Harwoden and the Prior of Barnwel in the time of E. 3. So that this Right was still owned by our Princes when the Matter came into Contest and therefore the Act of H. 8. against Appeals was but a just Resuming of the Ancient Rights of the Crown 25 H. 8. c. 19. A Commission is appointed for reviewing the Canons And it is observable That because it could not be done in Parliament Time the King hath Power given him by Act of Parliament to nominate the thirty two Persons to act in this Matter in these Words Be it therefore enacted by the Authority aforesaid That the King's Highness shall have Power and Authority to nominate and assign at his Pleasure the said thirty two Persons of his Subjects whereof sixteen to be of the Clergy and sixteen to be of the Temporality of the Upper and Nether House of Parliament And because the last Resort was to the Arch-Bishop in the former Act of Appeals therefore to prevent any Inconveniences thereby a new Power is granted by this Act i. e. Upon an Appeal to the King in Chancery a Commission is to be directed to such Persons as the King shall appoint who are to hear and determine such Appeals and the Causes concerning the same 25 H. 8. c. 21. After the Submission of the Clergy and the King being owned Supreme Head yet the Power of dispensing with the Canons in particular Cases did not pass by Commission from the King but by Act of Parliament The Words are It standeth therefore with natural Equity and good Reason that all and every such Laws human made without this Realm or induced into this Realm by the said Sufferance Consents and Custom Your Royal Majesty your Lords Spiritual and Temporal and Commons representing the whole State of your Realm in this your High Court of Parliament have full Power and Authority not only to dispense but also to Authorize some elect Person or Persons to dispense c. So that the Power of granting Faculties at a time when the Prerogative was highest was not executed by Commission from the King by vertue of his Supremacy and Prerogative Royal but was granted to the Arch-Bishop of Canterbury in the manner expressed in that Act. A late Author has stretched this Statute to a Power of dispensing in other
Divines abroad concerning the Nature of our Differences and the way to compose them Quarto A Discourse concerning the Idolatry practised in the Church of Rome and the hazard of Salvation in the Communion of it in answer to some Papers of a revolted Protestant wherein a particular Account is given of the Fanaticism and Divisions of that Church Octavo An Answer to several late Treatises occasioned by a Book Entituled A Discourse concerning the Idolatry practised in the Church of Rome and the hazard of Salvation in the Communion of it the First Part Octavo A Second Discourse in vindication of the Protestant Grounds of Faith against the Pretence of Infallibility in the Roman Church in Answer to the Guide in Controversie by R. H. Protestancy without Principles and Reason and Religion or the certain Rule of Faith by E. W. with a particular Enquiry into the Miracles of the Roman Church Octavo An Answer to Mr. Cressy's Epistle Apologetical to a Person of Honour touching his Vindication of Dr. Stillingfleet Octavo A Defence of the Discourse concerning the Idolatry practised in the Church of Rome in Answer to a Book Entituled Catholicks no Idolaters Octavo Several Conferences between a Romish Priest a Fanatick Chaplain and a Divine of the Church of England being a full Answer to the late Dialogues of T. G. Octavo The Grand Question concerning the Bishops Right to vote in Parliament in Cases Capital Stated and Argued from the Parliament Rolls and the History of former times with an Enquiry into their Peerage and the Three Estates in Parliament Octavo A Letter to Mr. G giving a true Account of a late Conference at the D. of Pauls A second Letter to Mr. G. in answer to two Letters lately published concerning the Conference at the D. of Pauls A discourse concerning the Nature and Grounds of the Certainty of Faith in Answer to J. S. his Catholick Letters By Edward Stillingfleet D. D. Dean of St. Pauls The Council of Trent examined and disproved by Catholick Tradition in the main Points in Controversie between us and the Church of Rome with a particular Account of the Times and Occasions of introducing them Part I. To which a Preface is prefixed concerning the true Sense of the Council of Trent and the Notion of Transubstantiation By Ed. Stillingfleet D. D. Dean of St. Pauls The Rule of Faith Or an Answer to the Treatise of Mr. J. S. Entituled Sure Footing c. By John Tillotson D. D. To which is adjoyned A reply to Mr. J. S.'s third Appendix c. By Edward Stillingfleet D. D. Octavo Sermons Preached upon several Occasions by Edward Stillingfleet D. D. Dean of St. Paul's not yet collected into a Volume THE Reformation justified in a Sermon Preached at Guild-Hall Chappel Sept. 21. 1673. before the Lord Mayor c. upon Acts XXIV 14. A Sermon Preached Nov. 5. 1673. at St. Margarets Westminster upon Matt. VII 15 16. A Sermon Preached before the King at Whitehall Feb. 24 1674 5. upon Heb. III. 13. A Sermon Preached on the Fast-Day Nov. 13. 1678. at St. Margarets Westminster before the Honourable House of Commons upon 1 Sam. XII 24 25. A Sermon Preached before the King at Whitehall March 7. 1678 9. upon Matt. X. 16. The Mischief of Separation a Sermon Preached at Guild-hall Chappel May 11. 1680. before the Lord Mayor c. upon Phil. III. 16. Protestant Charity A Sermon Preached at S. Sepulchres Church on Tuesday in Easter-Week 1681. before the Lord Mayor c. upon Galat. VI. 9. Of the Nature of Superstition A Sermon Preached at St. Dunstans West March 31. 1682. upon Col. II. 23. A Sermon Preached before the King Feb. 15. 1683 4. upon Job XXIII 15. A Sermon Preached at a Publick Ordination at St. Peter's Cornhil March 15. 1684 5. upon 1 Tim. V. 22. A Sermon Preached at White-hall Feb. 19. 1685 6. being the First Fryday in Lent upon Luke XV. 18. Scripture and Tradition compared in a Sermon Preached at Guild-hall Chappel Nov. 27 1687. upon Col. II. 6. A Sermon Preached before the Queen at White-hall Feb. 22. 168â—â—â— upon 1 Pet. IV. 8. THE Antiquities of Notinghamshire extracted out of Records Original Evidences Leiger-Books and other Manuscripts and Authentick Authorities beautified with Maps Prospects and Portraictures By Robert Thoroton M. D. Folio A Discourse concerning the Nature of Idolatry in which a late Authors true and only Notion of Idolatry is considered and confuted Quarto Proposals tendered to the Consideration of both Houses of Parliament for uniting the Protestant Interest for the present and preventing Divisions for the future together with the Declaration of King Charles II. concerning Ecclesiastical Affairs and some Proposals of Terms of Union between the Church of England and Dissenters long since Published by the Reverend Dean of St. Paul's Quarto Protestant Certainty Or A short Treatise shewing how a Protestant may be well assured of the Articles of his Faith Quarto 4 Inst. f. 35. 2 4 Inst. f. 325. In Bâ—blioth Cotton Sand. de Schif 4. 157. Bract. l. 5. c. 1. Flet. l. 6. c. 37. c. 2. c. 36. sect 5. Defence of Ecclesiastical Commission p. 8 9. Littleton's Rep. 189. Stamford l. 3. f. 111. Malmsb. l. 3. f. 152. Edd. vit Wilfred c. 55. Ibid. c. 45. c. 57. Florent Wigor f. 254. Spelm. Concil p. 154. Mat. Westm. A. G. 673. Florent p. 559. Mat. Westm. A. G. 711. Bed. l. 4. c. 2. Spelm. p. 190. Chronological Vindication To. I. f. 193. Decem Script f. 2209. A. C. 742. Decem Script p. 2209. Spelm. p. 296. P. 324. Ingulpb p. 490. c. Ingulph ib. c. 5. R. Ans. to Coke's 5th Rep. c. 5. n. 20. Hob. Rep. f. 148. Tortura Torti p. 380. Elenebus Refut Tort. Torti p. 80. c. Mart. Becpro Tort. Torti c. 21. p. 234. p. 22. P. 244. Mason De Minist Angl. 1. 3. c. 3. p. 271. Apology c. f. 263. Bramhal's Works p. 340. p. 63. Covarruvias Pract. Quaest. c. 35. n. 3. Salgado De Regia Prot. part 1. c. 1. n. 23. Pasq. Recher l. 3. c. 33. Hoveden f. 259. 2. Eadmer f. 6. Hoveden f. 260. Eadm f. 9. Selden ad Eadm f. 165. Eadm f. 26. f. 30 31. 38. Id. f. 65 f. 85 Hen. Hunt. l. 7. f. 220. 2. Coke 2 Inst. f. 602. Mat. Wesim. f. 320. Bract. l. 5. p. 5. c. 15. L. Assis. 30. E. 3. pl. 19. Brook Tit. Pr. pl. 10. Covarruv Peaut Q. c. 35. n. 5 6. Jus Belgar p. 70. Cod. Fab. ad Tit. Cod. de Appel ab Abus Def. 3 4 P. 72. Covarr Prat. Q. 35. n. 5. Stat. Polon p. 207 208. Pre. de Lihertes de l' Eglis Gal. vol. 2. c. 30. Claus. 7 E. 1. Placit Parl. 21 E. 1. f. 135 Placit Parl. 28 E. 1. f. 227. Claus. 31. E. 1. m. 6. 16 E. 3. Tit. E. 1. com 4. Lomed De exempt c. 3. n. 7. Chart. 16. Job m. 9. Pat. 22. H. 3. m. 10. Hoveden f. 320. Bracton l. 3. c. 9.