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A61839 Episcopacy (as established by law in England) not prejudicial to regal power a treatise written in the time of the Long Parliament, by the special command of the late King / and now published by ... Robert Sanderson ... Sanderson, Robert, 1587-1663. 1661 (1661) Wing S599; ESTC R1745 38,560 153

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other sorts of men because of their Religion and their abilities above all other men to defend it On the other side the Puritanes who envied their power and some great ones about the Court who having tasted the sweet of Sacriledge in the times of the two last Kings thirsted after the remainder of their Revenues complyed either with other for their several respective ends against the Bishops Which being so it had been the foolishest thing in the world for the Bishops to have used that power or interest they had with the Queen upon whose favour or displeasure their whole livelyhood depended for the procuring of her consent to any Act to be done in favour of them that malice it self could with any colourable construction interpret either to savour of Popery or to trench upon the Royal Supremacy That Queen having both by her sufferings before and actions after she came to the Crown sufficiently witnessed to the world her averseness from Popery and being withall a Princess of a great Spirit and particularly jealous in the point of Prerogative XXIX Whence I think we may with good reason conclude that the ancient custome of the Bishops in making Summons c. in their own names after it was by the Act of Repeal 1. Mar. restored was continued by Queen Elizabeth and her successours ever since without interruption or reviving of the Statute of King Edward neither out of any inadvertency in the State nor through any importune or indirect labouring of the Bishops as by the Objectors is weakly presumed but advisedly and upon important considerations viz. that the devising of such a new way as is set forth and appointed in the said Statute was not only a needless thing and Laws should not be either made or altered but where it is needful so to do but subject also to manifest both inconvenience and Scandal XXX That it was altogether needless to change the old Custome may appear by this that all the imaginable necessity or utility of such a change could be onely this To secure the King by using his Name in their Processes c. as a real acknowledgement that their Iurisdiction is derived from him and no other that the Bishops had no intention in the exercise of their Episcopal power to usurp upon his Ecclesiastical Supremacy Which Supremacy of the King and Superiority of his Jurisdiction Authority over that which the Bishops exercised being already by so many other wayes and means sufficiently secured it could argue nothing but an impertinent jealousie to endeavour to strengthen that security by an addition of so poor and inconsiderable regard XXXI The Kings of England are secured against all danger that may accrue to their Regal power from Episcopal Iurisdiction as it hath been anciently and of later times exercised in this Realm First by the extent of their Power over the persons and livelihoods of the Bishops and over the whole State Ecclesiastical as in the ancient right of the Crown which how great it was may appear by these three particulars XXXII First the Collation and Donation of Bishopricks together with the nomination of the persons to be made Bishops in case they did by their Writ of Conge d'eslier permit the formality of Election to others did alwayes belong to the Kings of this Realm both before and since the Conquest as in right of their Crown Our learned Lawyers assure us that all the Bishopricks of this Realm are of the Kings foundation that they were originally donative and not elective and that the full right of Investiture was in the King who signified his pleasure therein per traditionem baculi annuli by the delivery of a ring and a Crosier-staff to the person by him elected and nominated for that office The Popes indeed often assayed to make them elective either by the Dean and Canons of the Cathedral or by the Monkes of some principal Abbey adjoyning but the Kings still withstood it and maintained their right as far as they could or durst Insomuch as King Henry the First being earnestly sollicited by the Pope to grant the election of Bishops to the Clergy constanter allegavit saith the story and verbis minacibus he stoutly and with threats refused so to do saying he would not for the loss of his Kingdome lose the right of those Investitures It is true that King Iohn a Prince neither fortunate nor couragious being overpowred by the Popes did by Charter in the Seventeenth year of his Raign grant that the Bishopricks of England should be eligible But this notwithstanding in the Raign of King Edward the Third it was in open Parliament declared and enacted that to the King and his heirs did belong the collation of Archbishopricks c. and all other dignities that are of his Advowson and that the elections granted by the Kings his progenitors were under a certain form and condition viz. that they should ask leave of the King to elect and that after the election made they should obtain the Kings consent thereunto and not otherwise XXXIII Secondly the King hath power if he shall see cause to suspend any Bishop from the execution of his Office for so long time as he shall think good yea and to deprive him utterly of the dignity and office of a Bishop if he deserve it Which power was de facto exercised both by Queen Mary and Queen Elizabeth in the beginning of their several Raigns upon such Bishops as would not conform to their Religion XXXIV Thirdly the Kings of England have a great power over the Bishops in respect of their Temporalties which they hold immediately of the King per Baroniam and which every Bishop Elect is to sue out of the Kings hands wherein they remained after the decease of the former Bishop during the Vacancy and thence to take his only restitution into the same making Oath and fealty to the King for the same upon his Consecration Yea and after such restitution of Temporalties and Consecration the King hath power to seize the same again into his own hands if he see just cause so to do Which the Kings of England in former times did so frequently practice upon any light displeasure conceived against the Bishops that it was presented as a grievance by the Arch-bishop of Canterbury and the other Prelates by way of request to King Edw. 3. in Parliament and thereupon a Statute was made the same Parliament that thenceforth no Bishops Temporalties should be seized by the King without good cause I finde cited by Sir Edward Coke out of the Parliament Rolls 18. H. 3. a Record wherein the King straightly chargeth the Bishops not to intermeddle in any thing to the prejudice of his Crown threatning them with seisure of their Temporalties if they should so do The words are Mandatum est omnibus Episcopis quae conventuri sunt apud Gloucestr ' the King having before summoned them by writ to a Parliament to be holden at Gloucester