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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A25530 An answer to a letter written by a member of Parliament in the countrey upon the occasion of his reading of the Gazette of the 11th of December, 1679. 1679 (1679) Wing A3320; ESTC R10364 7,226 6

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An Answer to a LETTER Written by a Member of Parliament in the Countrey upon the occasion of his reading of the Gazette of the 11th of December 1679. SIR I Received your Letter when I was engaged in much other business which will excuse me that I have not returned an Answer sooner and that it is done no better now You desire me to let you know what that Judgment is which my Lord Chancellor acquainted my Lord Mayor and his Brethren with and what my thoughts are upon it and that I may obey you in both I will first Transcribe that Case as it is reported by Justice Crook that being already put into English whereas the Case in Moor is in French MEmorandum That by Command from the King all the Justices of England with divers of the Nobility viz. the Lord Ellesmere Lord Chancellor the Earl of Dorset Lord Treasurer Viscount Cranbourn Principal Secretary the Earl of Nottingham Lord Admiral the Earls of Northumberland VVorcester Devon and Northampton the Lords Zouch Burghley and Knowles the Chancellor of the Dutchy the Archbishop of Canterbury the Bishop of London Popham Chief Justice Bruce Master of the Rolls Anderson Gawdy VValmesley Fenner Kingsmil VVarberton Savel Daniel Yelverton and Snigg were assembled in the Star-Chamber where the Lord Chancellor after a long Speech made by him concerning Justices of Peace and his Exhortation to the Justices of Assize and a discourse concerning Papists and Puritans Declaring how they both were disturbers of the State and that the King intending to suppress them and to have the Laws put in Execution against them demanded of the Justices their Resulutions in three things First Whether the Deprivation of Puritan-Ministers by the High Commissioners for refusing to conform themselves to the Ceremonies appointed by the last Canons was Lawful Whereto all the Justices answered That they had conferred thereof before and held it to be Lawful because the King hath the Supreme Ecclesiastical power which he hath delegated to the Commissioners whereby they had the power of Deprivation by the Canon-Law of the Realm And the Statute of 1 Eliz. which appoints Commissioners to be made by the Queen doth not confer any new power but explain and declare the ancient power And therefore they held it clear That the King without Parliament might make Orders and Constitutions for the Government ☜ of the Clergy and might deprive them if they obeyed not And so the Commissioners might deprive them But they could not make any Constitutions without the King And the divulging of such Ordinances by Proclamation is a most gracious Admonition And for as much as they have refused to obey they are Lawfully deprived by the Commissioners ex Officio without Libel Et ore tenus convocati Secondly Whether a Prohibition be grantable against the Commissioners upon the Statute of 2 H. 5. if they do not deliver the Copy of the Libel to the party Whereto they all answered That that Statute is intended where the Ecclesiastical Judg proceeds ex Officio ore tenus Thirdly Whether it were an offence punishable and what punishment they deserved who framed Petitions and collected a multitude of hands thereto to prefer to the King in a publick cause as the Puritans had done with an Intimation to the King That if he denied their sute many thousands of his Subjects would be discontented Whereto all the Justices answered That it was an offence finable at discretion and very near to Treason and Felony in the punishment For they tended to the raising of Sedition Rebellion and discontent among the people To which Resolution all the Lords agreed And then many of the Lords declared That some of the Puritans had raised a false Rumor of the King how he intended to grant a toleration to Papists Which offence the Justices conceived to be heinously finable by the Rules of the Common Law either in the Kings Bench or by the King and his Councel or now since the Statute of 3 H. 7. in the Star-Chamber And the Lords severally declared how the King was discontented with the said false Rumor and had made but the day before a protestation unto them that he never intended it and that he would spend the last drop of blood in his body before he would do it and prayed that before any of his Issue should maintain any other Religion than what he truly professed and maintained that God would take them out of the world I doubt not but your self and every English Protestant will joyn with this Royal Petitioner and will heartily say Amen But you desire to know if I think that the Resolution of the Judges in this case ought to deter us from humbly Petitioning His Majesty that this Parliament may effectually sit on the 26th day of January next In order to this give me leave to observe to you As it is most certain that a great Reverence is due to the Unanimous opinion of all the Judges so there is a great Difference to be put between the Authority of their Judgments when solemnly given in Cases depending before them and their sudden and extrajudicial Opinions The Case of Ship-money it self is not a better proof of this than that which you have now read as you will easily see if you consider distinctly what they say to the several Questions proposed to them As to their Answer to the first Questiom it much concerns the Reverend Clergy to enquire whether they did not mistake in it and whether the King by his Proclamation can make new Constitutions and oblige them to Obedience under the penalty of Deprivation Should it be so and should this unhappy Kingdom ever suffer under the Reign of a Popish Prince he might easily rid himself of such obstinate Hereticks and leave his Ecclesiastical Preferments open for men of better Principles He will need only to publish a Proclamation that Spittle and Salt should be used in Baptism that Holy water should be used and Images set up in Churches and a few more such things as these and the business were effectually done But if you will believe my Lord Chief Justice Cook 12. Co. 19 he will tell you that it was agreed by all the Judges upon Debate Hill 4 to Jacobi and that it was resolved by the whole Court of Common Pleas Trin. 6 to Jacobi 12. Co. 49 that the King cannot change his Ecclesiastical Laws and you may easily remember since the whole Parliament declared that he could not alter or suspend them I have the uniform Opinion of all the Judges given upon great Deliberation Mich. 4 to Jac. to justifie me Co. Mag. Char. 616. if I say that our Judges here were utterly mistaken in the Answer which they gave to the second Question I will not cite the numerous subsequent Authorities since every man knows that it is the constant practise of VVestminster-Hall at this day to grant Prohibitions upon refusal to give a Copy of Articles where the Proceedings in