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A42797 A Glance on the Ecclesiastical Commission being a discourse concerning the power of making and altering ecclesiastical laws, and the settling religion, whether it belongs to our kings alone, and a convocation, or whether it must not be asserted rather no medling with law-making or law-mending, (whether ecclesiastical or temporal), but by authority of Parliament. 1690 (1690) Wing G792; ESTC R25461 5,925 14

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A Glance on the Ecclesiastical Commission BEING A DISCOURSE Concerning the Power of Making and Altering Ecclesiastical Laws AND The Settling Religion Whether it belongs to Our KINGS Alone AND A CONVOCATION OR Whether it must not be Asserted rather ☞ No Medling with Law-Making or Law-Mending whether Ecclesiastical or Temporal but by Authority of Parliament In hoc Reges sicut eis Divinitùs praecipitur Deo serviunt in quantum Reges sunt si in suo Regno bona jubeant mala prohibeant non solum quae pertinent ad humanum Societatem verum etiam quae pertinent ad Divinam Religionem Aug. Cont. Cres l. 3. c. 54. London Printed for W. Alchorne 1690. THE RIGHT OF Making and Altering Ecclesiastical Laws OR Of Settling Religion Where it lies DISCOURSED WHEN the Christian Faith was first Embraced by the Saxons nothing had the force of a Canon or Ecclesiastical Law but what was Established in Parliament Spelman's Counsels and our Old Historians such as Malmsbury Hoveden Westminster Ingulphus supply us with innumerable Instances of this kind not mentioning any Canons but what had a Parliamentary Sanction The granting Charters of Execution to Abbies seemed more peculiarly to belong to our Kings as Supream Ordinary yet the principal Grants of this Nature even that to Battle Abby by William the Conquerour was Consilio Episcoporum Baronum meorum After King William the Popes came in time to Usurp such Authority over the Clergy of this Land as to do even what they pleased until Henry the VIII put an end to that Usurpation by assuming the Supremacy In this King's Reign An. 25. c. 19 an Act of Parliament passes which grants to the King a Power to assign Thirty Two Commissioners Sixteen of the Laiety and Sixteen of the Clergy to Examine the Canons for the Abolishing the Ill and letting the Good stand And it is Enacted in this Statute that no Canons shall be Made or Executed without the King's Consent Upon this Clause it was that the Judges in King James's Reign grounded their Sentence when they gave him such a Power as I shall mention when I come to it But other Lawyers do deny That any such bare Negative Words can be a Ground sufficient for raising a Positive Rule as they then did in this Case It is rather thought better Arguing from this Commission that no Canons can oblige the Laiety unless their Representatives be at the Making or Establishing of them In Edward VI. Time a like Power is granted to him by an Act as this was to his Father Where Note That neither Henry nor Edward had any such Power Inherent to the Crown for else neither of them had need of any Act of Parliament to give it to them In Queen Elizabeth's First Year a Bill of the same Import was brought into the House and read Twice and ordered to be Engrossed but nothing came of it which nevertheless though it passed not affords us the same Argumentation In this Year was there an Act of a more grievous nature that passed An Act annexing to the Crown the Ecclesiastical Jurisdiction which enabled Her her Heirs and Successors with Authority to assign Commissioners for the Exercise of the same Here arises the High-Commission Courts which were so great a burden to the Subject during Her King James and King Charles the First 's Reign until the 17th Year of the said Charles and then was this Power repealed I must take leave here to distinguish between the Power of Legislation whether in Ecclesiastical or Civil Matters and this Power of Jurisdiction When the Parliament gave the Queen such a Power it is not to be understood they intended that She or King James should act so Despotically in Maaters of the Church as they did but that they should have a Power of Judgment or Jurisdiction only and not a Power of making any Law Ecclesiastical or Temporal or altering any thing by Law Established about Religion or otherwise For such a Power was and is to be asserted always to belong only to Parliaments And this may be confirmed by another Act the Act of Vniformity made the same Year An. 1. c. 2. wherein She is empowered with the Advice of her Ecclesiastical Commissioners and Metropolitan to Make or Alter any of the Rites and Ceremonies if she saw just occasion This Power now is different from the former or else it would not be given her in another Act and it did not belong to her Crown or else it would not be given her at all And it was no more but as to Rites and Ceremonies Nothing else required in that Act of Uniformity or in the Matter of Religion could be altered by Her unless by Parliament Nevertheless in the Reign of this Queen and in King James's the Two Houses were in a manner quite neglected in matters Ecclesiastical The Queen sent forth her Injunctions and her Clergy under her Name but not under her Seal as is suspected by the Learned gave out their Advertisements and Articles and the Queen her self did even Industriously endeavour to lay aside all Parliaments as useless when things of this nature were to be considered The Queen I say was very peremptory in assuming to her self an uncontroulable Power in Matters Ecclesiastical but the Commons did the utmost they could to maintain their Right and toward the close of her Highnesses Reign obtained it In the 8th of Eliz. Five or Six Bills touching Religion and Church Government were read in the Lower House but because the House was suddenly broke up nothing was done In the 13. Eliz. Seven Bills for Reformation of Religion were read each Bill three times but it was declared in the House That Her Majesty would not suffer these things to be ordered by Parliaments Notwithstanding which Message as Sir Simon Dewes in his Journal still has it the House of Commons proceeded and sent up the Bills for Orders of Ministers Residence of Pastors and Commutation of Penance to the Lords But the Bill of Subscription only to the Articles of Faith and Doctrine of the Sacraments and not to the Ceremonies or Government passed this Session In the 14. Eliz. the Commons are on the other Bills again but the Queen by Mr. Speaker declares her Pleasure That from henceforth no Bills concerning Religion be prefered or received into the House unless the same should be first considered and liked by the Clergy In the 35. Eliz. Mr. Morrice Attorney of the Court of Wards spoke smartly against the Subscription enjoyned by Regal Authority and against trying the Clergy who refused the same by way of Inquisition With him concurred Sir Francis Knowles and Mr. Oliver St. John but Sir Robert Cecil stood up and told the House That though he knew not what was in the Bill which Mr. Morrice had brought in yet he remembred very well that it being about Religion Her Majesty had streightly forbidden Them to meddle in such Cases And Her Highness soon after Commanded Mr. Speaker to