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judgement_n court_n king_n plea_n 2,093 5 10.1113 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A43631 The naked truth. The second part in several inquiries concerning the canons and ecclesiastical jurisdiction, canonical obedience, convocations, procurations, synodals and visitations : also of the Church of England and church-wardens and the oath of church-wardens and of sacriledge. Hickeringill, Edmund, 1631-1708. 1681 (1681) Wing H1822; ESTC R43249 69,524 40

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and make Canons and Laws by themselves alone as if they alone were the Church Thus when Magna Charta says That Holy Church should be free They always meant and it is so construed at this Day Let the Clergy be free from Taxes Impositions c. So that by the Church of England is meant the Clergy of England A little Church then surely in so great a Realm and a great pity that so many Lay-Brethren should dye out of the Pale of the Church And yet the Dignitaries of the Church not content to be onely amongst the Croud of other Clergy-men the Church streighten the Bounds and take in the Pale to more scanty Limits making themselves when in Synod especially and Convocation at least the Representative-Church and of power to see for all the rest and to bind them to what Decrees and Laws they list Thus the Articles of Religion Regn. Eliz. Anno Domini 1562. Articuli de quibus convenit c. Articles agreed upon in the Synod of London By and Between the Arch-Bishops and Bishops of Both Provinces and all the Clergy What little share the Inferiour Clergy have in making such Articles I have shown already and also that 1 Eliz. 1. is repealed on which those Articles seem to be founded Which yet I say not to weaken the force and vertue of them they are so good so moderate so charitable so Christian-like in themselves that they need no voucher no Statutes to vouch them they are so honestly come by For Pride and Passion Prejudice and Peevishness Malice and Revenge the wonted Inmates were excluded the Convocation-House when those 39. Articles of the Church of England were composed and nothing but the Naked-Truth permitted entrance 'T is strange you 'l say and in a Synod too compos'd of Clergy-men and of the few too But I care not for that once it happened to be so it seems But still I say under favour The Holy Apostles never took so much upon them to make Canons and Constitutions but by assent and consent as well as joint Promulgation in the names of all the Lay-Brethren or when the multitudes of Disciples were encreased at least they might I hope have a vote in chusing who should represent them in this representative Church Which if true and It is before sufficiently prov'd then surely as the Church of Corinth Ephesus Galatia c. were the Christians of Corinth Ephesus Galatia c. Clergy and Lay together though those distinctions were not then known so really and truly The Church of England are all the Christian's of England over them under Christ the King is the Visible Head and Supreme Governour in the Executive power and the King and Parliament in the Legislative or Canon-making Power With what tollerable modesty then can the Clergy alone much less a few of them arrogate to themselves the Title Priviledges and Immunities of the Church of England Tell not me that it was so when the Pope usurp't the Supremacy what is that to us now I know that when Magna Charta was made by Holy Church being Free was meant Let the Clergy be free from Taxes c. but how little did the Prelates value that Law for though the Clergy by that Statute was free from Impositions and Burdens yet the Prelates did not so much regard it seems but that they notwithstanding would venture to Pill and Poll the Inferiour Clergy by Procurations Synodal's Visitations and many more vexations as if the Clergy was free for no body to fleece but for themselves alone and that too arbi trarily Better it is for them much better to be thrown up in Common as of yore amongst the Laity again and take Neighbour's-fare by Acts of Parliament than by being an Inclosure and exempt be made the peculiar of arbitrary-Impositions though by the men of their own Cloth none were so unkind to Joseph as his own Brethren he had fairer Quarters from the Gypsees As the Clergy all of them have as much His Majesties Protection as other folk and the benefit of the Laws nay and the benefit of the Clergy too if they need it as much as any Lay-men good reason therefore they should contribute equally with others to Taxes and Arms and to the Poor c. But 't is sad when this will not suffice but for enjoying the name and nothing but the name of the Church They shall not only pay First-Fruits and Tenths to His Majesty as bound by Law but to pay without end and without Law all the Arbitrary Impositions that Rich and great Men of their own Cloth shall lay upon them for Letters of orders Institution Induction Licences to Preach Procurations Synodals Visitations and then again for shewing these Letters of Orders Institutions c. 't is that makes you so poor and beggarly generally and consequently contemptible world without end I cannot but with some complacency read the Statute of 16. Rich. 2.5 where the King and Parliament when Popery was in its Zenith did not forget that they and the Clergy the Inferiour Clergy too were English-men namely That Whereas the Commons of the Realm in this present Parliament have showed to our redoubted Lord the King grievously complaining That whereas our said Lord the King and all his Liege People ought of right mark that and of Old time wont mark that too to sue in the King's Court to recover their Presentments to Churches Prebends and other Benefices of Holy Church to the which they had right to Present The cognizance of Plea of which Presentment belongeth only mark that too to the Kings Court of the old Right of his Crown used and approved in the time of all his Progenitors Kings of England And when Judgments shall be given in the same Court upon such a Plea and Presentment mark that too The Arch-Bishops and Bishops and other Spiritual Persons which have Institution of such Benefices within their Jurisdiction be bound mark that too and have made Execution of such Judgments without Interruption mark the Reason for another Lay-Person cannot make such Execution And also be bound of right mark that too to make Execution of many other the King's Commandments c. too long here to insert but concluding That against the offenders Process by Praemunire facias should be made and not only against the offenders but against their Procurators Executors Maintainors mark that too as in the Statute of Provisors 27 Edw. 3.1 and against All other which do sue in any other Court mark that too in derogation of the Regality of our Lord the King Whence it appears That even in those Popish times Patrons most whereof were Lord of the Mannors and gave the Tythes and Glebe should present right and good reason and give their own may they not do what they will with their own to what Clerk they please giving him thereby Jus ad rem and then the Bishop and Archdeacons by Institution and Induction as Instruments in Law because a Lay-person as