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A61544 A discourse concerning the illegality of the late ecclesiastical commission in answer to the vindication and defence of it : wherein the true notion of the legal supremacy is cleared, and an account is given of the nature, original, and mischief of the dispensing power. Stillingfleet, Edward, 1635-1699. 1689 (1689) Wing S5581; ESTC R24628 67,006 76

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Divines abroad concerning the Nature of our Differences and the way to compose them Quarto A Discourse concerning the Idolatry practised in the Church of Rome and the hazard of Salvation in the Communion of it in answer to some Papers of a revolted Protestant wherein a particular Account is given of the Fanaticism and Divisions of that Church Octavo An Answer to several late Treatises occasioned by a Book Entituled A Discourse concerning the Idolatry practised in the Church of Rome and the hazard of Salvation in the Communion of it the First Part Octavo A Second Discourse in vindication of the Protestant Grounds of Faith against the Pretence of Infallibility in the Roman Church in Answer to the Guide in Controversie by R. H. Protestancy without Principles and Reason and Religion or the certain Rule of Faith by E. W. with a particular Enquiry into the Miracles of the Roman Church Octavo An Answer to Mr. Cressy's Epistle Apologetical to a Person of Honour touching his Vindication of Dr. Stillingfleet Octavo A Defence of the Discourse concerning the Idolatry practised in the Church of Rome in Answer to a Book Entituled Catholicks no Idolaters Octavo Several Conferences between a Romish Priest a Fanatick Chaplain and a Divine of the Church of England being a full Answer to the late Dialogues of T. G. Octavo The Grand Question concerning the Bishops Right to vote in Parliament in Cases Capital Stated and Argued from the Parliament Rolls and the History of former times with an Enquiry into their Peerage and the Three Estates in Parliament Octavo A Letter to Mr. G giving a true Account of a late Conference at the D. of Pauls A second Letter to Mr. G. in answer to two Letters lately published concerning the Conference at the D. of Pauls A discourse concerning the Nature and Grounds of the Certainty of Faith in Answer to J. S. his Catholick Letters By Edward Stillingfleet D. D. Dean of St. Pauls The Council of Trent examined and disproved by Catholick Tradition in the main Points in Controversie between us and the Church of Rome with a particular Account of the Times and Occasions of introducing them Part I. To which a Preface is prefixed concerning the true Sense of the Council of Trent and the Notion of Transubstantiation By Ed. Stillingfleet D. D. Dean of St. Pauls The Rule of Faith Or an Answer to the Treatise of Mr. J. S. Entituled Sure Footing c. By John Tillotson D. D. To which is adjoyned A reply to Mr. J. S.'s third Appendix c. By Edward Stillingfleet D. D. Octavo Sermons Preached upon several Occasions by Edward Stillingfleet D. D. Dean of St. Paul's not yet collected into a Volume THE Reformation justified in a Sermon Preached at Guild-Hall Chappel Sept. 21. 1673. before the Lord Mayor c. upon Acts XXIV 14. A Sermon Preached Nov. 5. 1673. at St. Margarets Westminster upon Matt. VII 15 16. A Sermon Preached before the King at Whitehall Feb. 24 1674 5. upon Heb. III. 13. A Sermon Preached on the Fast-Day Nov. 13. 1678. at St. Margarets Westminster before the Honourable House of Commons upon 1 Sam. XII 24 25. A Sermon Preached before the King at Whitehall March 7. 1678 9. upon Matt. X. 16. The Mischief of Separation a Sermon Preached at Guild-hall Chappel May 11. 1680. before the Lord Mayor c. upon Phil. III. 16. Protestant Charity A Sermon Preached at S. Sepulchres Church on Tuesday in Easter-Week 1681. before the Lord Mayor c. upon Galat. VI. 9. Of the Nature of Superstition A Sermon Preached at St. Dunstans West March 31. 1682. upon Col. II. 23. A Sermon Preached before the King Feb. 15. 1683 4. upon Job XXIII 15. A Sermon Preached at a Publick Ordination at St. Peter's Cornhil March 15. 1684 5. upon 1 Tim. V. 22. A Sermon Preached at White-hall Feb. 19. 1685 6. being the First Fryday in Lent upon Luke XV. 18. Scripture and Tradition compared in a Sermon Preached at Guild-hall Chappel Nov. 27 1687. upon Col. II. 6. A Sermon Preached before the Queen at White-hall Feb. 22. 168●●● upon 1 Pet. IV. 8. THE Antiquities of Notinghamshire extracted out of Records Original Evidences Leiger-Books and other Manuscripts and Authentick Authorities beautified with Maps Prospects and Portraictures By Robert Thoroton M. D. Folio A Discourse concerning the Nature of Idolatry in which a late Authors true and only Notion of Idolatry is considered and confuted Quarto Proposals tendered to the Consideration of both Houses of Parliament for uniting the Protestant Interest for the present and preventing Divisions for the future together with the Declaration of King Charles II. concerning Ecclesiastical Affairs and some Proposals of Terms of Union between the Church of England and Dissenters long since Published by the Reverend Dean of St. Paul's Quarto Protestant Certainty Or A short Treatise shewing how a Protestant may be well assured of the Articles of his Faith Quarto 4 Inst. f. 35. 2 4 Inst. f. 325. In B●blioth Cotton Sand. de Schif 4. 157. Bract. l. 5. c. 1. Flet. l. 6. c. 37. c. 2. c. 36. sect 5. Defence of Ecclesiastical Commission p. 8 9. Littleton's Rep. 189. Stamford l. 3. f. 111. Malmsb. l. 3. f. 152. Edd. vit Wilfred c. 55. Ibid. c. 45. c. 57. Florent Wigor f. 254. Spelm. Concil p. 154. Mat. Westm. A. G. 673. Florent p. 559. Mat. Westm. A. G. 711. Bed. l. 4. c. 2. Spelm. p. 190. Chronological Vindication To. I. f. 193. Decem Script f. 2209. A. C. 742. Decem Script p. 2209. Spelm. p. 296. P. 324. Ingulpb p. 490. c. Ingulph ib. c. 5. R. Ans. to Coke's 5th Rep. c. 5. n. 20. Hob. Rep. f. 148. Tortura Torti p. 380. Elenebus Refut Tort. Torti p. 80. c. Mart. Becpro Tort. Torti c. 21. p. 234. p. 22. P. 244. Mason De Minist Angl. 1. 3. c. 3. p. 271. Apology c. f. 263. Bramhal's Works p. 340. p. 63. Covarruvias Pract. Quaest. c. 35. n. 3. Salgado De Regia Prot. part 1. c. 1. n. 23. Pasq. Recher l. 3. c. 33. Hoveden f. 259. 2. Eadmer f. 6. Hoveden f. 260. Eadm f. 9. Selden ad Eadm f. 165. Eadm f. 26. f. 30 31. 38. Id. f. 65 f. 85 Hen. Hunt. l. 7. f. 220. 2. Coke 2 Inst. f. 602. Mat. Wesim. f. 320. Bract. l. 5. p. 5. c. 15. L. Assis. 30. E. 3. pl. 19. Brook Tit. Pr. pl. 10. Covarruv Peaut Q. c. 35. n. 5 6. Jus Belgar p. 70. Cod. Fab. ad Tit. Cod. de Appel ab Abus Def. 3 4 P. 72. Covarr Prat. Q. 35. n. 5. Stat. Polon p. 207 208. Pre. de Lihertes de l' Eglis Gal. vol. 2. c. 30. Claus. 7 E. 1. Placit Parl. 21 E. 1. f. 135 Placit Parl. 28 E. 1. f. 227. Claus. 31. E. 1. m. 6. 16 E. 3. Tit. E. 1. com 4. Lomed De exempt c. 3. n. 7. Chart. 16. Job m. 9. Pat. 22. H. 3. m. 10. Hoveden f. 320. Bracton l. 3. c. 9.
Bracton observes several things which are material to this purpose 1. The first General Exception which is allowed he saith is contra Jurisdictionem Exceptions are either dilatory or Peremptory Some that are only dilatory as to the Action may be peremptory as to the Jurisdicton And these are to be put in ante Litem contestatam ad perimendum Judicium ne procedat And the first of this sort are the Exceptions contra Jurisdictionem contra Personas Judicantium quibus deficit Autoritas judicandi So that he supposes that such who do not deny the Kings Supreme Authority may have a Legal and just Exception against the Authority of a Court. 2. It was an allowable Exceptio Fori then if any Lay-Persons did take upon them to proceed by Ecclesiastical Censures In Ecclesiastical Causes saith he a Secular Judge hath no Cognizance because he hath not the Power of Coercion proper to them viz. by Ecclesiastical Censures therefore he saith in his Causis pertinet Cognitio ad Judices Ecclesiasticos His Reason is Because those only are the competent Judges who have the Power of Coercion proper to the Court. And for the same Cause Ecclesiastical Judges are not to interpose in Secular Causes cum jura sint separata limitata And although the Exemption of Ecclesiastical Persons from the Civil Courts be certainly taken away by the Acts of Supremacy yet it hath been still alledged by our Divines That the Ecclesiastical Censures were still reserved to the Ecclesiastical Functions either in the way of Ordinary or Delegate Jurisdiction If the High Commission did seem to go further then that Power being taken away by Act of Parliament it must return to the Ancient Course 3. There must be a Legal Authority to constitute a Legal Jurisdiction Ad hoc quod rata sint judicia videre oportet a● Justic. Warrantum habeat à Rege quod judicare possit Si Warrantum non habuerit non valebit quod coram eo actum fuerit quasi coram non suo judice quia primo legi debet Breve Originale postmodum Breve per quod Justiciar constitutus est si nullum omnino habuerit aut si habuerit non tamen ad manum non erit ei parendum nisi it a forte sit quod Breve Originale de Justiciaria sua faciat mentionem Bracton l. 5. De Except c. 14. 1. There must be a Commission from the King which must be read and if either they have it not or it be not at hand the Jurisdiction is not to be owned unless it be mentioned in the Original Writ For Commissions in those days were most commonly granted by Writ saith the Lord Coke But by Bracton's Words it appears That commonly there was an Original Writ and a Commission besides but sometime the Commission was in the Original Writ and then the reading of that was sufficient The Mirror saith That the Jurisdiction may be denied if the seeing or hearing the Commission be denied 2. The Bounds of the Jurisdiction must be expressed and if those be exceeded he saith an Exception lies Which signifies nothing unless the Commission be known 3. The Commission must be according to Law For that is Bracton's standing Rule Nihil aliud potest Rex in Terris cum sit Dei Minister Vicarius nisi id solum quod Jure potest So that a Commission against Law is void in Law. He mentions the Common Saying in the Civil Law Quod Principi placet Legis habet Vigorem and answers it thus Quod Principi placet is not to be understood of his Presumptive but his Legislative Will Animo condendi Jura and with the Advice of his Magistrates the King himself giving Authority which is the Description of an Act of Parliament as we now call it Which he more fully expresses elsewhere Legis vigorem habet quicquid de Consilio de Consensu Magnatum Reipublicae Communi sponsione Authoritate Regis sive Principis praecedente juste fuerit Definitum Approbatum If this were the Ancient Law of England how comes the Exception against a Court to be a Denial of the King's Supremacy unless it be supposed impossible That there should be an Illegal Court with the King's Commission But we may suppose it possible for a new kind of Star-Chamber or Court of Wards to be set up must no Man question the Legality of such a Court without denying the King's Authority For this is a Question in Point of Law. And the King's Authority always goes with the Law and therefore to suppose it to be in any thing against Law is to suppose it to be contradictory to it self But our Author saith It is necessary for every Court to assert its own Jurisdiction Very true and to clear it too if it be liable to a just Exception I am very far from denying the King's Supremacy yet I may be as far from thinking such a Court to be Legal if an Act of Parliament can make a Court Illegal and to say no more for it but that every Court must assert its own Jurisdiction is to level it with the Infamous High Court of Justice which when King Charles the First of Blessed Memory denied their Authority all the Reply was That the Court was satisfied of its own Authority Which could give Satisfaction to no Body else And if this be all can be said for the Legality of it for all that I can see there is just Reason to deny it FINIS A Catalogue of Books Published by the Reverend EDWARD STILLINGFLEET D. D. Dean of St. Paul 's and Sold by Henry Mortlack at the Phoenix in St. Paul 's Church-yard A Rational Account of the Grounds of the Protestant Religion being a Vindication of the Lord Archbishop of Canterbury's Relation of a Conference c. from the pretended Answer of T. C. Wherein the true Grounds of Faith are cleared and the False discovered the Church of England vindicated from the Imputation of Schism of the most important particular Controversies between us and those of the Church of Rome throughly examined the Second Edition Folio Sermons Preached upon several Occasions with a Discourse annexed concerning the true Reasons of the Sufferings of Christ wherein Crellius his Answer to Grotius is considered Folio Origines Britannicae Or the Antiquities of the British Churches with a Preface concerning some pretended Antiquities relating to Britain in vindication of the Bishop of St. Asaph By Edward Stillingfleet D. D. Dean of St. Pauls Folio Irenicum A Weapon-Salve for the Churches Wounds Quarto Origines Sacrae or A Rational Account of the Grounds of Christian Faith as to the Truth and Divine Authority of the Scriptures and Matters therein contained Quarto The Unreasonableness of Separation or an impartial Account of the History Nature and Pleas of the present Separation from the Communion of the Church of England to which several late Letters are annexed of eminent Protestant