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A69901 England's independency upon the papal power historically and judicially stated by Sr. John Davis ... and by Sr. Edward Coke ... in two reports, selected from their greater volumes ; with a preface written by Sir John Pettus, Knight. Davies, John, Sir, 1569-1626.; Coke, Edward, Sir, 1552-1634.; Pettus, John, Sir, 1613-1690. 1674 (1674) Wing D397; ESTC R21289 68,482 102

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in the Civil Magistrate and so in right it remaineth at this day and though it be derived from him it remaineth in him as in the fountain For every Christian Monarch as well as the godly Kings of Juda is custos utriusque Tabulae and consequently hath power to punish not onely Treason Murther Theft and all manner of Force and Fraud but Incest Adultery Usury Perjury Simony Sorcery Idolatry Blasphemy Neither are these Causes in respect of their own quality and nature to be distinguished one from another by the names of Spirituall or Temporall For why is Adultery a Spirituall cause rather then Murther when they are both offences alike against the Second Table or Idolatry rather then Perjury being both offences likewise against the First Table And indeed if we consider the natures of these Causes it will seem somewhat absurd that they are distinguished by the name of Spirituall and Temporall for to speak properly that which is opposed to Spirituall should be termed Carnall and that which is opposed to Temporall should be called Eternall And therefore if things were called by their proper names Adultery should not be called a spirituall offence but a carnall But shall I expresse plainly and briefly why these Causes were first denominated some Spirituall or Ecclesiasticall and others Temporall and Civil Truly they were so called not from the nature of the Causes as I said before but from the quality of the persons whom the Prince had made Judges in those Causes The Clergie did study spirituall things and did professe to live secundum spiritum and were called spirituall men and therefore they called the Causes wherein Princes had given them jurisdiction spirituall causes after their own name and quality But because the Lay-magistrates were said to intend the things of this world which are temporall and transitory the Clergie called them secular or temporall men and the Causes wherein they were Judges temporall causes This distinction began first in the Court of Rome where the Clergie having by this Jurisdiction gotten great wealth their wealth begot pride their pride begot ingratitude towards Princes who first gave them their Jurisdiction and then according to the nature of all ungratefull persons they went about to extinguish the memory of the benefit for whereas their Jurisdiction was first derived from Caesar in the execution whereof they were Caesar's Judges so as both their Courts and Causes ought still to have born Caesar's image and superscription as belonging unto Caesar they blotted Caesar's name out of the style of their Courts and called them Courts Christian as if the Courts holden by other Magistrates had been in comparison but Courts of Ethnicks and the Causes which in their nature were meerly Civil they called Spirituall and Ecclesiasticall So as if the Emperour should challenge his Courts and Causes again and say Reddite Caesariquae sunt Caesaris they would all cry out on the contrary part and say Date Deo quae sunt Dei our Courts bear the name and title of Christ the superscription of Caesar is quite worn out and not to be found upon them And this point of their policy is worth the observing that when they found their jurisdiction in Matrimoniall causes to be the most sweet and gainfull of all other for of Matrimony they made matter of money indeed to the end that Caesar might never resume so rich a perquisite of their Spirituall jurisdiction they reduced Matrimony into the number of the 7 Sacraments after which time it had been Sacriledge if the Civil Magistrate had intermeddled with the least matter that had relation to Matrimonie or any dependencie thereupon So then it appeareth that all Causes whereof Ecclesiasticall or Spirituall persons have cognisance or jurisdiction by the grants or permission of Princes are called Ecclesiasticall or Spirituall causes And as all their Courts are called Spirituall Courts so all Causes determinable in those Courts are called Spirituall Causes And therefore where Mr. Lalor hath acknowledged the King's Majestie to be Supreme Governour in all Ecclesiasticall causes he hath therein acknowledged the King's Supremacie in all Spirituall causes wherein he hath but rendered to Caesar that which is Caesar's and hath given unto his Majestie no more then all the Bishops of England have yielded to his Predecessours not onely in this latter Age but also in former times both before and since the Conquest as hath been before at large expressed Here the day being far spent the Court demanded of the prisoner if he had any more to say for himself His answer was That he did willingly renounce his office of Vicar-generall and did humbly crave his Majestie 's grace and pardon And to that end he desired the Court to move the L. Deputy to be favourable unto him Then the Jury departed from the Bar and returning within half an hour found the prisoner guiltie of the Contempts whereof he was indicted Whereupon the Solicitor generall moved the Court to proceed to Judgement And Sir Dominick Sarsfield Knight one of the Justices of his Majestie 's chief place gave Judgement according to the form of the Statute whereupon the Indictment was framed OF THE KING' 's Ecclesiasticall Law IN the Term of S. Hillary in the 33. year of the Reign of Q. Elizabeth Rotulo 340. Robert Caudrey Clerk brought an action of Trespasse against George Atton for breaking of his Close at North-Luffenham in the County of Rutland the 7. day of August in the 31. year of the Reign of the said Queen The Defendant pleaded not guilty and the Jury returned and sworn for triall of this issue gave a speciall Verdict that is they found the truth of the Case at large referring the same for the Law to the judgment of the Court to this effect They found that the Plaintif before the Trespasse supposed to be done was Parson of the Rectory of South-Luffenham in the County aforesaid whereof the place wherein the Trespass is alledged was parcell and found the Statute made in the first year of the said Queen's Reign by which in effect it is enacted That such Jurisdiction Ecclesiasticall as by any Spirituall or Ecclesiasticall power hath heretofore been or may lawfully be exercised for the Visitation of the Ecclesiasticall estate and persons and for reformation order and correction of the same and of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities within this Realm should for ever be united and annexed to the Imperiall Crown of this Realm And that her Highnesse her Heirs and Successors should have full power and authority by virtue of that Act by Letters Patents under the great Seal of England to assign nominate and authorize such persons being natural-born Subjects as her Highness her Heirs or Successors should think meet to exercise and execute under her Highnesse her Heirs and Successors all and all manner of Jurisdiction Priviledges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within this