Selected quad for the lemma: england_n
Text snippets containing the quad
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A47475
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The King's power in ecclesiastical matters truly stated
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1688
(1688)
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Wing K605; ESTC R30485
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6,852
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12
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The King's Power in Ecclesiastical Matters truly Stated HIS present Majesty having erected an High-Commission Court to enquire of and make redress in Ecclesiastical Matters c. Q. Whether such a Commission as the Law now stands be good or not And I hold that the Commission is not good And to maintain my Opinion herein I shall in the first place briefly consider what power the Crown of England had in Ecclesiastical or Spiritual Matters for I take them to be synonymous Terms before 17. Car. 1. ca. 11. And 2dly I shall particularly consider that Act of 17. Car. 1. ca. 11. And 3dly I shall consider 13. Car. 2. ca. 12. And by that time I have fully considered these Three Acts of Parliament it will plainly appear That the Crown of England hath now no power to erect such a Court. I must confess and do agree That by the common Law all Ecclesiastical Jurisdiction was lodged in the Crown and the Bishops and all spiritual Persons derived their Jurisdiction from thence And I cannot find that there were any attempts by the Clergy to divest the Crown of it till William the First 's time in whose time and his Successors down to King John the Pope obtained four Points of Jurisdiction 1st Sending of Legates into England 2dly Drawing of Appeals to the Court of Rome 3dly Donation of Bishopricks and other ecclesiastical Benefices And 4ly Exemption of Clerks from the secular Power Which four Points were gained within the space of an Hundred and odd Years but with all the opposition imaginable of the Kings and their People and the Kingdom never came to be absolutely inslaved to the Church of Rome till King John's time and then both King and People were and so continued to be in a great measure in Henry 3d's time and so would in all likelihood have continued had not the Wise Edward 1st opposed the Pope's Usurpation and made the Statute of Mortmain But that which chiefly brake the Neck of this was That after the Pope and Clergy had endeavoured in Ed. 2. his time and in the beginning of Ed. 3. to Usurp again Ed. 3. did resist the Usurpation and made the Statutes of Provisors 25. Ed. 3. and 27. Ed. 3. And Richard 2. backed those Acts with 16. Rich. 2. ca. 5. and kept the Power in the Crown by them Laws which being interrupted by Queen Mary a bloody Bigot of the Church of Rome during her Reign there was an Act made in 1. Eliz. ca. 1. Keble's Stat. which is Intituled An Act to restore to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual and abollishing all foreign Powers repugnant to the same From which Title I collect three things 1st That the Crown had anciently a Jurisdiction over the Estate Ecclesiastical and Spiritual 2dly That that Jurisdiction had for some time been at least suspended and the Crown had not exercised it 3dly That this Law did not introduce a New Jurisdiction but restored the Old but with restoring the old Jurisdiction to the Crown gave a power of Delegating the Exercise of it And as a consequence from the whole that all Jurisdiction that is Lodged in the Crown is subject nevertheless to the Legislative power in the Kingdom I shall now consider what Power this Act of 1. Eliz. 1. declares to have been anciently in the Crown and that appears from Sect. 16 17 18. of the same Act. Section 16 Abolisheth all Foreign Authority in Cases Spiritual and Temporal in these words And to the intent that all the Vsurped and Foreign Power and Authority Spiritual and Temporal may for ever be clearly Extinguished and never to be used or obeyed within this Realm or any other your Majesties Dominions or Countries 2 may it please your Highness that it may be further Enacted by the Authority aforesaid That no Foreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last day of this Session of Parliament use enjoy or exercise any manner of Power Iurisdiction Superiority Authority Preheminence or Priviledge Spiritual or Ecclesiastical within this Realm or within any other your Maiesties Dominions or Countries that now be or hereafter shall be but from thenceforth the same shall be clearly Abolished out of this Realm and all other your Highnesses Dominions for ever any Statute Ordinance Custom Constitutions or any other matter or cause whatsoever to the contrary in any wise notwithstanding And after the said Act hath abolished all Foreign Authority in the very next Section Sect. 17. it annexeth all Ecclesiastical Jurisdiction to the Crown in these words And that also it may likewise please your Highness That it may be Established and Enacted by the Authority aforesaid That such Iurisdictions Priviledges Superiorities and Preheminences Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath 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 Authority of this present Parliament be Vnited and Annexed to the Imperial Crown of this Realm From these words That such Jurisdiction c. as by any Spiritual or Ecclesiastical Power or Authority had then-to-fore been Exercised or used were annexed to the Crown I observe That the Four things aforesaid wherein the Pope had incroached were all restored to the Crown and likewise all other Ecclesiastical Jurisdiction that had been exercised or used in this Kingdom and did thereby become absolutely vested in the Crown Then Section 18. gives a power to the Crown to assign Commissioners to Exercise this Ecclesiastical Jurisdiction in these words And that your Highness your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by vertue of this Act by Letters Patents under the Great Seal of England to Assign Name and Authorize when and as often as your Highness your Heirs or Successors shall think meet and convenient and for such and so long time as shall please your Highness your Heirs or Successors such person or persons being Natural born subjects to your Highness your Heirs or Successors as your Majesty your Heirs or Successors shall think meet to exercise use occupy and execute under your Highness your Heirs and Successors all manner of Iurisdictions Priviledges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these your Realms of England and Ireland or any other your Highnesses Dominions and Countries 2 and to Visit Reform Redress Order Correct and Amend all such Errors Heresies Schisms Abuses Offences Contempts and Enorimties whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Iurisdiction 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