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A61271 Episcopal jurisdiction asserted according to the right constitution thereof, by His Majesties laws, both ecclesiastical and temporal, occasioned by the stating and vindicating of the Bishop of Waterford's case, with the mayor and sheriffs of Waterford / by a diligent enquirer into the reasons and grounds thereof. Stanhope, Arthur, d. 1685?; Gore, Hugh, 1612 or 13-1691. 1671 (1671) Wing S5221; ESTC R21281 74,602 136

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Imprimatur Guli Fitz. Gerald Rev. in Christo Patri Archiepisc Dublin totiusque Hiberniae Domino D. Cancellario a Sac. Domest Decemb. 27. 1670. EPISCOPAL JURISDICTION Asserted According to the right Constitution thereof BY His Majesties Laws both Ecclesiastical and Temporal OCCASIONED By the Stating and Vindicating of the BISHOP of WATERFORD's CASE With the Mayor and Sheriffs of Waterford By a Diligent Enquirer into the Reasons and Grounds thereof Ne quid falsum audeant Ne quid verum non audeant My Lord Coke's Rule given to all such as take upon them to write Iurisdiction of Courts cap. 9. DVBLIN Printed by Benjamin Tooke Printer to the King 's most Excellent Majesty And are to be Sold by Mary Crooke 〈…〉 THE BISHOP of WATERFORD'S CASE WITH THE MAYOR and SHERIFFS OF WATERFORD Stated and Vindicated c. THe late Proceedings at Waterford betwixt the Bishop and the Mayor and Sheriffs of that City making a great Noise abroad and furnishing Discourse for most Companies that met together I made it a while my business to enquire into the true state thereof the better to discover if I could what proportion the Matter it self held with the Talk made and Censures passed by Men thereon While I was thus employed I could not choose but observe That there was still retained too much of the old Malignity of spirit and how readily some persons catched at any occasion to inveigh against Bishops and traduce both their Order and Jurisdiction Moreover That they who were most loud an clamorous against the Bishop of Waterford proceedings in this Case were indeed such a least understood the true Grounds and Reasons thereof insomuch as when they have vented their Clamors with greatest eagerness they have been known for all that to ask What it was that the Bishop did Whereas they who had attained some competent knowledge therein were more moderate and reserved Hereupon I judged That this Enquiry would be feasonable because I might thereby be able to give my self satisfaction about it and peradventure be instrumental to the undeceiving the unwary and easily seduced or convincing the wilfully erring persons therein This I think will be no difficult Task to perform if Men will but once be brought to think that they may mistake or that they may be too much byassed with prejudices and thereupon resolve to act like what they would be thought to be ingenuous and rational Men. In prosecuting of this Design I propose two things as the principal Subjects of this Enquiry The one is concerning the matter of Fact The other is concerning the matter of Right in these proceedings Concerning the matter of Fact my entrance into that shall be by premising a passage or two relating to the preceding and to this present Bishop which may inform us what manner of welcome both were saluted withall at their first coming to Waterford When at His MAJESTIES Happy Restauration the late Bishop first came thither the graver and better Sort gave him a chearful Entertainment but a perverse Generation very prevalent in that City treated him at a far different rate I think no Usages could be more barbarous and rude than he experienced there Frequent Affronts were offered him Libels spread abroad of him Papers of Queries sent and tendred to him such as were full of ridiculous Non-sense yet full of Petulancy and Malice The industry and travel of that Pious Prelate to reduce to and settle that People in their Duty and Obedience to Gods Church and Gods Anointed His Assiduity in Preaching His Exemplariness of Living are sufficiently known to all The base slighting of which will I fear lie heavy one day on the Consciences of some Men. When this Prelate was one time about to discharge two solemn Offices the one of Preaching he found his Pulpit fouly defiled with Excrements so as must not be named and the other Office of Baptising the Font was defiled in the like beastly and unseemly manner These and many other unkind and ungrateful Usages contributed not a little to the shortning of his life and God forgive me if I judge uncharitably the same I think have been continued to work the like effect on his Successor and peradventure they would be more encreased if they could but accomplish the Eradication of the whole Order together with the extinction of both their persons The worthy Prelate now in the See of Waterford at his Entrance thereinto having first inspected the state of his Diocess at large and set in order the Affairs thereof His next care employed him about the Cathedral Church of Waterford where too he met with the like barbarous welcome that his Predecessor had done before for shortly after his first coming to Waterford going to Solemn Prayers at the Cathedral attended with many of his Clergy he found the way that he must walk from the Body of the Church into the Choire towards the Bishops Throne most beastly defiled with Excrements again But not discouraged herewith the Repairing Beautifying and Adorning of that Church is that which he is seriously intent upon so as that in a short time he brought the Choire thereof at no little Expence and Charge of his own to that comely and graceful Uniformity that it is now to be seen in such as may at once delight and awe the Beholders so well attemper'd together are some innocent and pleasing Ornaments with the more solemn and grave Furniture added thereto for which he received shortly after the Thanks of a scurrilous Libel The Body of that Cathedral together with some Out-Chappels adjoining thereto the Tower and Bells do by Ancient Charter-party belong to the Corporation of Waterford to keep in good and decent Repair In lieu of which the said Corporation of Waterford have the disposing of all Burying places therein and receive to their own use such Emoluments and Profits as do accrue thereby And as I have been Credibly informed from a knowing person that has inspected the Ancient Records of that City the Corporation became Enfeoffed in certain Lands bestowed for these purposes namely To maintain a Publick School-master And To uphold in good and constant Repair the Body of the Cathedral Out-Chappels Tower and Bells as is before mentioned The Bishop being Religiously zealous in prosecuting this good Work which he had begun intimates to the Mayor and rest of the Corporation of Waterford the Duty belonging to them in behalf of the Church he is very instant and pressing with them that what in Duty they were obliged to do they would with Alacrity and Chearfulness enter upon But Excitements to Acts of Devotion and such pious Works as this find but cold Entertainment in these dayes of languishing Piety and Charity And so truly they did with these Men They alledging their present Poverty and exhausted Revenue whereby they were rendred unable to undertake so chargeable a work Nay there wanted not some who gave it out openly enough That the proceeding in such a Design was if not
which are criminal To pass by other statutes I instance in these two only The one De Excommunicato capiendo in 5 Elizab. c. 23. where the several crimes therein mentioned subject all such as shall be detected and found guilty of any of them to the Ecclesiastical Tribunal The other is the statute for Uniformity of Common-Prayer c. 1 Elizab. cap. 2. In this statute after a charge given in this Solemn and strict manner The Queens most Excellent Majesty The Lords Temporal and all the Commons in this present Parliament assembled do in Gods Name earnestly require and charge all the Archbishops and Bishops to endeavor their utmost for the due execution thereof●● And then it follows for their power and authority in this behalf Be it further Enacted by the Authority aforesaid That all and singular the said Archbishops Bishops c. and all other their officers exercising Ecclesiastical jurisdiction as well in places exempt as not exempt within their Diocess shall have full power and authority by this Act to reform correct and punish by censures of the Church all and singular Persons which shall offend within any of their Jurisdictions or Diocesses after the said Feast of St. John the Baptist next coming against this Act or Statute any other Law Statute Priviledge liberty or provision heretofore made had or suffered to the contrary notwithstanding See a so the statute made secundo Elizab. cap. 2 here in Ireland The thing we had in hand to make good was this That all persons whatsoever within any Diocess regularly and de jure communi are subject to the Bishop of that Diocess in matters and causes of Ecclesiastical cognizance that this position is not repugnant to the statute Laws of these Kingdoms This I think has been fully evidenced and needs no further enlarging upon And to give one instance of this jurisdictive and coercive power in Bishops over all indefinitely it shall be in the matter of substracting and detaining of Tythes a cause properly and anciently cognizable before them That ample Charter granted by King William the first to the Clergie and mentioned at large by Mr. Selden in his History of Tythes cap. 8. p. 225. The conclusion of which is after this manner Quicunque decimam detinuerit per justitiam Episcopi Regis si necesse fuerit ad redditionem arguatur Startle not Reader at the eying of this that the Bishops power of Justicing has here precedency of place before the Kings conceive not that this was to set Episcopal power on high and make Regal Authority subordinate to it But this declares to whose judicial cognizance under the King the proceeding against detainers of Tythes of what quality and condition soever they be does immediatery appertain who is the Officer and Minister of Justice therein And the Kings power being after mentioned is so set down by way of judicial order and consequence not of subordination in power and Authority Thus much these very words si necesse fuerit plainly do import as if it were said should any of these detainers prove refractory and contumacious against the Bishops authority so that there were a necessity of invoking the secu●ar power the King would then be present therewith and by poenal coercions compel them to give obedience thereto Now for what concerns any other part of the Common Law it may be also both safely and truly in respect of the thing it self affirmed That Ecclesiastical proceedings according to the position laid down bears no contrariety therewith as is set down by Dr. and Student lib. 1 c. 6. That Episcopal jurisdiction is of force in this Kingdom even by the Laws of this Realm in certain particular instances mentioned is reported by Dr. Cosen from a certain Author writing in King Hen. 8th time Apol. part 1. p. 7. The Author is shewing that the Bishop of Rome has not nor ought to have any jurisdiction in His Majesties Kingdoms by the Laws of this Realm The medium whereby he proves this thing is this because Certificates of Bishops in certain cases are allowed by the Common Law and admitted in the Kings Courts But the Popes Certificate is not admitted vid. Lord Coke Instit 4. cap. 74. circa initium de jure Regis Ecclesiastico p. 23. 26. diversos casus thidem citatos Besides in the statute of Appeals 24 Hen. 8. cap. 12. mention is made of spiritual jurisdiction exercised in causes belonging to the same and it is there expresly said That such exercise is grounded on the Laws and customs of this Realm circa mitium dicti statuti Now certainly a statute best informs any one what is truly and what is agreeable to the Common Law The Bishops are by the Common Law the immediate Officers and Ministers of Justice to the Kings Courts in causes Ecclesiastical Lord Coke de jure Regis Ecclesiastico pag. 23. And for what belongs to any custom or ancient usage that has the force of Law among us I cannot find out any such that is impugned by what I have affirmed But thus I may safely determine That if any manner and course of things established by long use and consent of our Ancestors and still kept on foot by daily continuance and practice be a custom and may set up for a Law not-written Then certainly the thing that has been affirmed that is the exercise of Ecclesiastical jurisdiction by Bishops over all persons within their respective Diocesses and in causes belonging to it and thus far endeavoured to be p●oved is not at all contrariant thereto but of perfect agreement yea of the same Nature with it Are there any that after all this will make their reply and tell us of persons exempted from Epis●● pa● power and the exercise thereof bound up and restrained in respect of such and for proof of this will alledge the Authoritative proceeding of King William the Conqueror who would not suffer any Bishop to Excommunicate any of his Barons or Officers for Adultery Incest or any such Heinous crime except by the Kings command first made acquainted therewith By the way it must be known that the word Baron is not to be taken in that limited and restrictive sense as to understand thereby the Higher Nobility to which Votes in Parliament do belong But generally for such who by Tenure in chief or in Capite held land of the King Selden spicelegium ad Eadmerum referente Tho. Fullero B. 3. Histor Eccles p. 4. Whatsoever now shall be collected hence to overthrow what has been before said is easily answered For King William very well understood his own Imperal power and right over the whole body Politick whereof the Clergie were a part And that by vertue thereof the Actual Exercise of both Civil and Ecclesiastical jurisdiction did flow from him And that he might where and when he saw cause restrain the Execution of either how long or in respect of what persons he pleased and this by special