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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A19149 A second manuduction, for Mr. Robinson. Or a confirmation of the former, in an ansvver to his manumission Ames, William, 1576-1633. 1615 (1615) STC 556; ESTC S115272 26,714 36

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the law that Bishops are the kings spirituall judges their lawes his ecclesiasticall lawes their iurisdiction so dependāt on him that he may exempt any man from it grant the same also to whome he will For the which purpose he that desireth may finde plētiful proofs in a book intitled an assertion for church policie Now wheras M. R. aledgeth that the same iurisdiction ecclesiasticall vvhich had been in use in popery a great part of the popish hierarchy vvas confirmed primo Elizabethae he hath put another weapon in our hands for to wound his cause withall For the very title of that statute is an act restoring to the crovvne the ancient jurisdiction over the state ecclesiastical And the whol house of commons haue so interpreted the meaning of that restauration which is therin made that by vertue therof the king is inabled to give povver jurisdiction ecclesiasticall to any subiect borne so if it please him all causes may bee taken from Byshops their officers given unto other men in every parish of England This interpretation is found in the bill of greivances presented to the king by those of the lower house an 1610. Printed in a book called a recorde of some vvorthy proceedings c. That this or any other judgemēt of the law is not infallible I easily admit especially touching the quaestion of lawfull or unlawfull good or evill of which kind those instances are which Mr. R. chooseth in this place to appose But 1. Seeing that when we alledge the parishes to be severall churches to be considered as they subsist in their severall conditions and the calling of ministers in many assemblies to be grounded on the peoples choice c. wee hear it still opposed with loud voyce the lavves of the land allovv no such things they acknovvledge no such matter c. Was it not both fit necessarie then to declare the judgement of lawe or can he with honestie reject the sentence of lawe so ligtly now whoe a litle before built all upon it 2. The quaestion is heere of a matter of fact and the positive not morall nature of it whether this authoritie commeth from the king or no not whether it bee every way good laudable as is the controversie about crosse syrplice such like abuses which he mentioneth and in such a case if the the lawes say yea and those that submit to them say also yea Mr. R. must pardon us if his no be reiected except his reasons be passing strong His first reason why this power is not civil is because it is not coactive or bodily enforcing but the Bishop after excomunication can goe no further except he procure a civill coactive processe by vvritt out of another court I answer 1. Though it had no bodily enforcing at all annexed unto it yet it might be a civill power Bodily enforcing is but a penall sanction which commeth after the authoritie or power civil may bee seperated from it 2. It is therfore coactive or bodily enforcing because it may directly require as due by law belonging unto it such coactive assistance by other officers as Mr. R. himself speaketh of So many civill commissions letters patent are granted to men which haue no authoritie seated in themselves for forcing of mē unto obedience but haue authoritie to charge the constable or justice that next is to ayd them in their affayres which authoritie of theirs notwithstanding is civil in that respect coactive A second reason is taken from the works of prelats iurisdiction vvhich are for substance sayth he the making of ministers excommunicating of offenders vvith their contraries appurtenances vvhich are not civil vvorkes neyther can be performed by any civil magistrat Where if by can or may he understandeth such right as men haue for their deedes by the law or word of God then I willingly grant that no civil magistrate may by his civill office performe those workes of ordination excommunication c. Neyther can the Byshop so performe them heerin consisteth that presumptuous usurpatiō wherof they are guilty before God man But if he understandeth such right or power as men haue for their deedes by mans law then I avouch out of the former grounds testimonies of law that any other civil magistrat may receyve authoritie of iurisdiction in those causes as well as prelats Which experience confirmeth de facto in the high commissiō some other courts Wherby it is manifest that though these workes in their nature be spirituall yet thorough great abuse they are performed by civill authoritie Secondly I answer that these workes of ordination excommunication vvith their contraries appurtenances are not the substance or in effect the vvholl iurisdiction vvhich Bishops doe exercise in their provinces dioces though Mr. R. affirme it againe againe For 1. The principall iurisdiction which prelats haue is under the king to make certain rules canons or lawes for ordering of certain causes cōmitted unto them 2. Those causes are for a great part of them meerely civil such as by Gods law the civil magistrat hath power to order Of which kind are the causes of matrimonie of wills or testaments many circumstances pertayning to the severall churches within their precincts 3. In the very businesse of ordination excommunication it is of substance to see that worthy men be admitted unworthy excluded The formes of ordination excommunication usurped by them are corrupt appurtenances to those lawfull actions not the substance wherto all the rest apperteyne Neyther doeth Mr. R. agree with himself in making all the substance of spirituall government to consist in calling of ministers and exercising of censures or ordination excommunication seeing his opinion is that all this may be doen by the people yet in his former book p. 26. affirmeth government not to belong to them vvherin sayth he doeth the people govern as many please to reproach us The third argument is taken from the forme used in consecration of Byshops vvherin no mention is made of civil authoritie but onely of spirituall Wherunto I answer 1. That their episcopall jurisdiction over a special diocesse or province is not expressed in that consecration nor any thing of substance which is not conteyned in a parochiall ministers ordination Which is an argument that the Byshop receyveth not that iurisdiction from him by whose hands he is consecrated but from some other power that is from the king 2. It is not necessarie that words formes of consecration should agree in all pointes with the state of a Byshop For a Byshop in that state proceeding which now is in use is partly fish partly flesh or such a compound as were the feete of Nebuchadnetsars image that were part of yron part of clay which did not cleave one to the other for so is he part of civill power which is of sound mettall or yron part of