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A58699 The religion established by law, asserted to conduce most to the true interest of prince and subject as it was delivered in a charge, at the general quarter sessions of the peace, held at the borough of Newark, for the county of Nottingham, by adjournment for taking the oaths of Supremacy, &c., according to the late act of Parliament July 21th 1673 / by Peniston Whalley Esq. Whalley, Penistone. 1674 (1674) Wing S1535; ESTC R183102 23,556 38

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Ecclesiasticam jurisdictionem habuisse consequitur It is agreed of all hands that no man can appropriate any Church with cure of souls because it is wholly an Ecclesiastical affair and to be appropriated to an Ecclesiastical person except one that hath Ecclesiastical jurisdiction but William the first King of England did do it from whence it must follow that he had jurisdiction Ecclesiastical Now if the Kings of England had Ecclesiastical Jurisdiction as it appears they had by the exercising of it notwithstanding the decree of a little Council or Conventicle to the contrary which decreed that no spiritual person should enter into any Church by any secular person Con. Mant. where was the Popes Almighty Power almost that he pretended to about that time in every thing By the ancient Laws of the Church of Rome the issue born before marriage is as lawful inheritable marriage following as otherways yet that was never allowed in England for all the Popes power as may appear by the Statute of Merton 20 H. 3. when the Bishops instanted the Lords that they would assent that the Custome of England should conform to that of Rome in that particular received this for answer Nolumus Leges Angliae mutare Cooke 5. Rep. we will not change the Laws of England By this may be seen what a small influence the Popes had even at that time upon our Parliament notwithstanding the assistance of the Bishops and mitred Abbots Yet afterwards P. Inno. 4. occasionally with a great deal of Magisterial Indignation being very angry that Grosted Bishop of Lincoln refused a Nephew or nearer Kinsman Fox p. 407. for a Prebend of that Church said that the King of England was his Vassal Mancipium his Page his Slave reflecting I suppose upon that submission that King John as the Emperour Frederick said in his Letter to Henry the third his son more like a woman than a man made to Pandolphus the Legate yet Edward the first that Heroick Grandchild of that unfortunate Prince was of another sort of mettal for in his Reign a Subject brought a Bull of Excommunication against another Subject of this Realm and published it to the Lord Treasurer of England and this was adjudged Treason by the Ancient Common Law of England against the King his Crown and Dignity for which the offender should have been drawn and hang'd but at the great instance of the Chancellor and the Treasurer he was only abjur'd the Realm for ever Certain Messengers had from the Pope serv'd Process upon an Officer of Chancery then held at York Vid. le Regist f. 224. to command him by those Bulls to appear at Rome for this contempt the party that served the Process was committed to York Castle and at length the Kings Majesty by the entreaty of divers great men of the Realm was content upon taking bond that he should answer the said contempt ad proximum Parliamentum nostrum ubicunque illud summoneri contigerit at our next Parliament where ever it happens to be assembled or summoned to deliver him out of Prison Edward the first presented his Clerk to a Benefice within the Province of York who was refused by the Arch-Bishop for that the Pope by way of Provision had conferred it upon another the King thereupon brought a Quare non admisit the Bishop pleaded that the Bishop of Rome had long time before provided to the said Church as one having supream authority in the Case and that he durst not nor had power to put him out who by the Popes Bull was in possession For which high contempt against the King his Crown and Dignity in refusing to execute his Soveraigns command fearing to do it against the Provision by judgment of the Common Law the Lands of his whole Bishoprick were seized into the Kings hands and lost during life So all these Presidents considered it is no wonder if that bold Briton who publish't the Excommunication against Queen Elizabeth in Pius Quintus his time met with the sinister accident of a Halter For if it be treason in a Subject to do so against a Subject as it was adjudged in Edward the first his time a fortiori as my Lord Cooke says it is treason for a Subject to do so against his Soveraign It may very well be asked now considering these high Practices and some strict Laws to abate the power of the See of Rome how the Pope could possibly have so considerable an Interest as we know or at least believe he had in Henry the eighth's time The Statute of Provisors of Benefices of 27 Ed. 3. gives you a reason to that time in these words That though the Statute of Ed. 1.25 * Which Statute is not in the printed Statutes either by negligence or probably because it was made at Carlile the Roll was not transmitted to London stands good yet by sufferance and negligence it hath been attempted the contrary The Pope afterwards got ground by the remiss latter end of Edward the third's Reign and the whole one of Richard the second who though he made the strict Law of premunire yet it did much abate of the strictness of the Common Law before spoken of which unhappy Prince was deposed and murthered by his Cosen and Vassal Henry of Lancaster who though the murthered Prince left neither Children nor Friends yet by reason that the murtherer was not next Heir at Law he was a little uneasie all his Reign so that he was forced to comply by reason of the badness of his title contrary to the humor of his great Father with the ill designs of the Roman Clergy who of all are the best at soldering crackt titles and make bloody Laws against the Lollards under the notion of Heretiques H. 42. c. 15. yet Henry his son who had no fault but his title let them know other I will not say better things by suppressing the Priory Aliens which was all that was done to shew the Courage of the English Kings in that particular till H. 8. who was if you peruse the Chronicles the first that had leasure to question his Holinesses encroachments upon this Monarchy Neither was the Supremacy much more ancient abroad Ros Hist W. Chronolog for the first that had any thing like it was Boniface the third to whom Phocas about 606 granted that he should be the head of all Churches 't was that Phocas that murther'd his Lord and Master Mauritius and to say the truth the Popes have arrived to that height they now pretend to by the wickedness of Usurpers who having no title themselves made little regard what they gave to others to countenance their own Rapine yet this grant was not so authentique as to make the succeeding Popes stand upon their own legs for the first downright opposer of the Emperour was Constantine the first who opposed Phillipicus about Images and not only so but for the greater affront Stilling Fanat