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A46343 The judgment and doctrine of the Church of England concerning one special branch of the King's prerogative, viz. in dispencing with the penall laws / asserted by the most reverend father in God, the lords Arch-Bishops Bancroft, Laud and Usher, the right reverend fathers in God, the lords Bishops Sanderson and Cartwright, the reverend doctors, Sir Thomas Ridley L.L.D., Dr. Hevlin, Dr. Barrow, Dr. Sherlock master of the temple, Dr. Hicks, Dr. Nalson and Dr. Puller ; and by the anonymus, author of The harmony of divinity and law : together with the concurring resolutions of our reverend judges, as most consonant and agreeable thereunto ; in a letter from a gentleman of Oxford, to his friend at London. Gentleman of Oxford. 1687 (1687) Wing J1172; ESTC R1415 16,661 48

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THE JUDGMENT and DOCTRINE Of the Clergy of the Church of England CONCERNING One special Branch of the King's Prerogative Viz. In dispencing with the Penall Laws Asserted by The most Reverend Fathers in God The Lords Arch-Bishops Bancroft Laud and Vsher The Right Reverend Fathers in God The Lords Bishops Sanderson and Cartwright The Reverend Doctors Sir Thomas Ridley L. L. D. Dr Heylin Dr Barrow Dr Sherlock Master of the Temple Dr Hicks Dr Nalson and Dr Puller And by the ANONYMVS Author of the Harmony of Divinity and Law. Together with the Concurring Resolutions of our Reverend Judges as most Consonant and Agreeable thereunto In a Letter from a Gentleman of Oxford to his Friend at London Licenced the 2d of May 1687. Upon whomsoever God is understood to bestow the Soveraign Authority he must also be understood to bestow upon him all the Jura Majestatis or Essential Rights of Soveraignty according to that Maxim Qui dat esse dat omnia pertinentia ad esse He that gives the Essence gives also the Properties belonging to the Essence Jovian or an Answer to Julian the Apostate chap. 11. London Printed for J. H. and T. S. and are to be had at most Book-sellers in London and Westminster SIR IN one of the late Conferences you were pleased to have with me you seemed to be somewhat disatisfied upon the subject we were discoursing of which was whither the King had by Law such a Supream Power inherent in and inseparably annexed to his Crown as to Dispence with Penal Laws I remember I then told you we could not resolve our selves of this Great Point but by these two wayes 1. To see how far the Judgment of our Church-men appearing in their Doctrines which are for our Edification doth Warrant this Prerogative to be in the King. II. To see how far the Judges Resolutions in declaring their sence of the Law of the Land in this doubtful Question do agree with such their Judgments and Doctrines And as for the First Sir I doubt not but to make it clear past all peradventure that our Reverend Clergy of the Church of England have unanimously concurred in this Point of Doctrine that it doth inseparably belong to the Kingly office to dispence with Penal Laws when ever such a Supremacy of Power shall be thought necessary to be exerted for the safety of the King and the Good and Ease of his People in general And if I can prove this undeniably to You I hope then that this nice Scruple of yours which by the way I suppose you will allow me to call your tender Conscience will easily be removed and consequently then it may be presumed I shall have less difficulty to Satisfie You in the other Point that this sence of the Law of the Land in the point in Question is no other than what is exactly Correspondent with the Judgment and Doctrine of the Clergy of the Church of England To begin then The Reverend Dean of Worcester in his so deservedly applauded Answer to Julian the Apostate declares that the English Realm is a perfect soveraignty or Empire and that the King of England by the Imperial Laws of it is a Compleat Imperial and Independant Soveraign And he quotes Coke in Cawdrye's Case who saith that by the antient Laws of this Realm England is an absolute Empire and Monarchy and that the King is furnished with plenary and Entire Power Prerogative and Jurisdiction and is supream Governour over all persons within this Realm Now it would be a contradiction to call this an Imperial Crown to acknowledge the King for supream over all Persons and that he is furnished with Plenary and entire Power unless He have all Those Rights which are involved in the very Notion of his Imperial Soveraignty By the Rights of Soveraign saith He I understand Those Prerogatives and Preeminences of Power and Greatness which are involved in the Formal Conception of Soveraignty and are inseparably annexed to the Soveraign He hath no sharers or Co-partners in the Soveraignty None Co-ordinate with him in Government no Equal nor Superiour but only God to whom Alone He is subject All Power and Jurisdiction Spiritual and Temporal is derived and deducted from Him as supream Head of These Churches and Realms There are some Essential Rights of the Crown which the Subjects cannot obtain from their Soveraign by any Grant or prescription without destroying the essential and individual Rights of Monarchy These Rights called the Flowers of the Crown are Regalia Suprema or Summa Jura Imperij regno tuendo servientia inherent to his Royal Function and politick Capacity and serve for the strength and support thereof such are the Rights of making War and Peace of having the last Appeal unto him or his Great Council and supream Court and of making Leagues and of Dispensing with Penal Laws granting pardons and such like Now if the King hath a perfection and fulness of Imperial Power in him as Dr Hicks hath clearly made out and This Power of dispensing with Penal Laws be as it must be or nothing one of those Prerogatives and Pre-eminencies of power and Greatness which are involved in the Formal Conception of Soveraignty Then certainly it is very plain that This is an Essential Right inseparably annexed to our Imperial Soveraign and to go about to deprive him of such an inherent Right it would tend to the disinherison of the King and his Crown This Phrase he saith of the disinherison of the King and the Crown in other Acts of Parliament is called The Destruction of the King's Soveraignty his Crown his Regality and things that tend thereunto things that are openly against the King's Crown in Derogation of this Regality And Sir to convince You that the King hath this Perfection and fulness of Power more especially in matters of Religion in his sacred Person you may please to be informed that that Great Metropolitan of All England Arch-bishop Bancroft when Question was made of what matters the Ecclesiastical judges have cognisance either upon the exposition of the Statutes concerning Tythes or any other thing Ecclesiastical or upon the Statute 1 Eliz. concerning the High Commission or in any other case in which there is not express Authority in Law declared That the King himself may decide it in his Royal Person and that the Judges are but the Delegates of the King and that the King may take what causes he shall please to determine from the Determination of the Judges and may determine them himself And the Archbishop said that this was clear in Divinity that such Authority belongs to the King by the word of God in the Scripture So that Eminent Prelate For as it is well observed by that Learned Knight and Doctor in the Civil Law Sir Thomas Ridley His Majesty by communicating his Authority to the Judges to expound his Laws doth not thereby abdicate the same from himself but that he may