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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A26144	The power, jurisdiction and priviledge of Parliament and the antiquity of the House of Commons asserted occasion'd by an information in the Kings Bench by the attorney general against the Speaker of the House of Commons : as also A discourse concerning the ecclesiastical jurisdiction in the realm of England, occasion'd by the late commission in ecclesiastical causes / by Sir Robert Atkins, Knight ...	Atkyns, Robert, Sir, 1621-1709.	1689 (1689)	Wing A4141; ESTC R16410	69,431	78

a Deer unfortunately kill'd the Keeper and his Jurisdiction he being suspended was supplyed by Commission as you may read in Dr. Heylin of the Life of Arch-Bishop Laud in the 87th fol. of the Book it self but more fully fol. 170. The Bishop of London is next in Place and Dignity to the Metropolitans see his Priviledges ibid. 185. See Dr. Heylin's Judgment in the Work of Reforming the Church either in Doctrine or Exercise of the Discipline pertinent to the Matter now in hand but in Point of Law it would be no very difficult thing to discover him to be mistaken fol. 327. See the Power of the Metropolitan and of the Appeal from him to a Provincial Synod and a Stop put there and a ne ultra and that there is no Vicar upon Earth appointed to be the Supream Judge in Ecclesiastical Matters in the Opinion of the Council of Nice discours'd of by Dr. Stilling fleet in his Antiquities of the British Churches fol. 100. but still it must be understood that this fixed Power in the Ecclesiastical Judges and Courts in England is deriv'd from the Crown but now under the Crown setled in this Method not to be interrupted this is quoad Potestatem Jurisdictionis non Ordinis FINIS Introduction Time and Place not material unless the Defendant make them so by his Plea as here Plea. Conclusion of the Plea. Three Points First Point First Proposition Reason Authority The Town-Clerk of Athens The Party to a Suit. Lord Beauch Case A Difference Councellor Attorney Witness Juror Justa occasio lequendi The Minor Proposition The Commons as now elected have ever been a part of the Parliament Dr. Heylin in the Life of Archbishop Laud. Sir Rob. Filmer Dugd. in his Orig. Juridic Mr. Pryn in his Preface to Sir Rob. Cotton's Abr. as he conjectures Dr. Manwaring Pryns Plea for the Lords ●5● King Charles the Second Fol. 32. Fol. 223. of his Works The Commons as now constituted began before 49 H. 3. Rushw. Hist. Collec Part 1. fol. 52. Proof that the House of Commons have ever been a part of the Parl. In his Pref. to his 10th Rep. Proof by Records of Parliament 51 E. 3. 5 H. 4. nu 71. 5 H. 4. na 74. Mr. Pryn ut supra fo 771. Addresses to the King ought to be with Reverence ●1 H. 6. Thorpes Case Ex●hequor Records H. 12. E. 4. in the Exchequer E. 2. S. Albans 11 H. 4. num 59. Proof by Acts of Parliament 5 R. 2. Parl. 2. C. 4. 2 H. 5. pars 2da Numb 10. Historians and Antiquaries Et Populi Conventus Seld. Tit. of Hon. pag. 702. in a Case between the Arch-Bishop of York and the Bishop of Worc. Mag. Char. 9 H. 3. Object 1. Fol. 709. The Ancientest Writ of Summons that Mr. Selden had seen for a Peer was but 6 Johannis Tit. of Hon. 707 708. Mr. Pryn's Plea for the Lords fol. 113. but mis-paged 2. Object 49 H. 3. 28 E. 1. 35 E. 1. 15 E. 2. 31 E. 3. 18 E. 2. 18 E. 3. 26 E. 3. 1 H. 5. the Indenture return'd by the Sheriff of Wiltshire recites their trust in the same words and pursues the words of the Writ 2 H. 4. 25 H. 6. 16 E. 2. 27 H. 6. Object Pennings of Ancient Acts of Parliament Petitions for Freedom of Speech c. Tit. of Honout Fol. 603 604. Fol. 603. Fol. 176. The Freeholders grand Enquest fol. 40. 41. 28 E. 1. c. 8. 13. Elect. of Sheriffs The late E. of Clarend in his Answ. to Hobs. Petition of Right 3 Car. 1. Stat. of Provisors 25 E. 3. Mr. Pryn's Plea for the Lords 389 390. All three Estates one entire Body and Corporation 14 H. 8 3. Fineux Ch. Just. Ferrer ' s Case Crompt Jurisd Sir Pierce de la Mare This is contradicted by Mr. Pryn in his Preface to Sir Cotton's Abr. fol. 5 6. The Powers of Parliament Of the Power and Jurisdiiction of the Parliament Nothing acted in this present Case but what is within their Power The House of Commons the Grand Inquest of the Nation The printing Dangerfield's Information 46 E. 3. C. Search of Records must be Free. See the 1 st St. in such Cases of Reporting false News viz. W. 1. C. 34. the Reporter is only to be imprison'd till he have found out him of whom the word was moved So is 2 R. 2. C. 5. the Stat. de Scandalis Magnatum So is 12 R. 2. c. 11. Dier 155. The Lady Morirsons Case Crok 162. but more fully in Marshes Actions of Slander fol. 19. 20. If an action of Slander be brought for Reporting what another had said Slanderously the Pl. in his Declaration must aver that A. did never so report the Defendant may Plead that in truth A. did so report and it is a good Plea by Tanfield Leonards Rep. 1. P. 287. in an Indictment upon the Stat. of W. 1. C. 33. and 2 R. 2. c. 5. for reporting false News it was found billa vera as to the Defendant's reporting the false News but as to the maliciose seditiose Ignoramus and the Defendant therefore discharg'd The Persons too great to be so used John Earl of Moreton So called 1 Eliz C. 3. 4. H. 8. c. 8. the House of Commons call'd the Honourable House in the Petit. of Rich. Strode which is part of the Act. 2d Point Mr. Pryn E Contra in his Preface to Sir Rob. Cot. Abr. but nothing clear 1 ●ac c. 1. The like words Fol. 72. Med. Mr. Pryn. ibid. 388. A Resolve of all the Judges in the point Sir Rob. Cott. Abr. pag. 651. Mr. Pryn in his Plea for the Lords calls this a famous memorable Case and says he was then ch Baron A second Resolution of all the Judges in the point A Protestation of the Commons against Impeachments other than in the House c. The like Claim of the Lords and confirm'd by Act. An Act of Parliament in the point Pryn's Plea for the Lords fol. 401 at large 4 H. 8. c. 8. Memorials of the English Affairs fol. 12. See Rushw. Collect. 1 part pag. 672. Appendix to it pag. 44. The Resolution of the Commons in Irewinnard's Case is called the Judgment of the most high Court of Parliament If it had been clear that the King's-Bench could have punished it they would have begun with it there but they try'd the Council and the Star-Chamber first King Charles the Second Fol. 15. ● Iust. fol. 17. 26 H. 8. c. 1. * Sir Hen. Heb●i ' s Reports f. 63. It is said by the Judges of the Common-Pleas That the Power of Justice is in the King as Sovereign originally but afterwards setled in several Courts as the Light being first made by God was after setled in the great Bodies of the Sun and Moon And Sir E. 〈◊〉 4 Inst. f. 70. in the Chapter of the Court of Kings-Bench to the same effect * See the Original of Bishops Courts and Jurisdictions severed from the Hundred Court distinct from Provincial and national Synods and that there were then Ecclesiastical Laws the Chartter of K. William he 1st to Remigius then Bishop of Linc. Mr. Selden's Notes ad Eadmerum f. 167. * Sir Ed. Cokes 5. Rep. The Case of the Kings Ecclesiastical Law f. 40. * Not by extraordinary Commissions at the first instance but only gradually upon Appeales Sir John Davies Reports fol. 91. the Case of Premunire 4. Inst. 339. of Appeals This Statute was the ground for Commissions to hear and determine Spiritual Causes ad primam Instanti●m ☞ 4. Inst. 340. Dr. Burnet's Hist. of the Reformation 183. med folii * See Dr. Field of the Church fol. 511 512. The antient Canon requires the consent of 12 Bishops to censure judge and depose a Bishop * See Mr. Bagshaw's Arguments in Parliament against the Canons made by the Convocation 1640 fol. 19.

Newly Printed for Timothy Goodwin at the Maiden-Head against S. Dunstans Church in Fleetstreet AN Enquiry into the Power of Dispensing with Penal Statutes together with some Animadversions upon a Book writ by Sir Edward Herbert Lord Chief Justice of the Court of Common-Pleas Entituled A short Account of the Authorities in Law upon which Judgement was given in Sir Edward Hales's case By Sir Robert Atkins Knight of the Honourable Order of the Bath and late one of the Judges of the Court of Common-Pleas THE Power Jurisdiction and Priviledge OF PARLIAMENT AND THE ANTIQUITY OF THE House of Commons ASSERTED OCCASION'D By an Information in the Kings Bench by the Attorney General against the Speaker of the House of Commons As also a Discourse concerning the Ecclesiastical Jurisdiction IN THE REALM of ENGLAND Occasion'd by the Late Commission in Ecclesiastical Causes By Sir ROBERT ATKINS Knight of the Honourable Order of the Bath and late one of the Judges of the Court of Common-Pleas LONDON Printed for Timothy Goodwin at the Maiden-Head against S. Dunstans Church in Fleetstreet 1689. IN THE KINGS BENCH TRIN. 36 CAROL II. BY INDICTMENT Middles THe Kings Attorney informs the Court That W. W. Esq being a Pernicious and Seditious Man and Contriving and Practising Falsly Maliciously and Seditiously to disturb the Peace and Quiet of the Kingdom And to stir up Sedition and to procure Ill-Will between the King and his Subjects And to bring the D. of Y. into Contempt with the King and his Subjects In order to the Compassing of all these The ninth of November 34 Car. 2 In the Parish of S. Martins in the Fields in the County of Middlesex He the said W. W. did with Force and Arms Falsly Vnlawfully Vnjustly Wickedly Maliciously Scandalcusly Seditiously and Devillishly for his own Lucre Cause and Appoint a certain False Scandalous Seditious and Infamous Libel entituled The Information of Thomas Dangerfield Gentleman to be Printed and Published In which Libel among other things are contained as followeth The Information of Thomas Dangerfield Gentleman c. the Contents of it have been read and need no Repetition In Contempt of the Law and to the ill Example of others and against the Peace and the Kings Crown and Dignity And the King's Attorney prays Process against him That he may be brought in to answer it The Defendant pleads to the Jurisdiction of this Court and says That by the Law and Custom of Parliament The Speaker of the House of Commons sitting the Parliament according to the Duty of his Office as Servant to the House ought and ever has accustomed to Speak Sign and Publish such Proceedings of that House and in such manner as he shall be ordered by the Commons so assembled And that such Speaking Signing or Publishing according to the Law and Custom of Parliament are the Act and Doing of the Commons themselves and hath ever been so accepted and taken and not as the Speakers own Acting or doing And that the Speaker for such Speaking Signing or Publishing by him made or done sitting the Parliament and by their Order ought not to answer in any other Court or Place but in Parliament He further says That at the Sessions of Parliament at Westminster the 15th of March 31 Car. 2 held by Prorogation One William Viscount Stafford and others were impeached by the Commons before the Lords according to the Law and Custom of Parliament of High Treason For a most execrable Conspiring to kill the King And to Alter and Subvert the Ancient Government and the Laws of the Realm And to Suppress the true Religion established in this Kingdom And to root up and destroy the Professors of it And that afterwards in the Sessions of Parliament held by Prorogation at Westminster 21 Octob. 32 Car. 2. The said Viscount Stafford at the Prosecution of the Commons was Tried and Convicted and Attainted in due Form of Law by the Temporal Lords then assembled in Parliament for the High Treasons of which he was so Impeached by the Commons As by the Record of Parliament does appear He further says That in the opening of that Session The King in his Speech to the Lords and Commons charged them to pursue a further Examination of that Conspiracy with a Strict and Impartial Enquiry And the King then told them That he did not think himself nor them secure till that matter was throughly done He further says That in the same Sessions of Parliament last mentioned which continued at Westminster till 10 Jan. 32 Car. 2. both Houses of Parliament in pursuance of his Majesties said Direction made a Strict and Impartial Enquiry after that Conspiracy And upon that Enquiry in the same Sessions of Parliament last mentioned the said Thomas Dangerfield in the said Information named did upon his Oath exhibit to the Lords in Parliament the said Libel entituled The Information of Thomas Dangerfield Gentleman as his true Information of that Conspiracy And delivered it to the Lords which was and is there Recorded as by the Record thereof in Parliament does appear And he also delivered it to the House of Commons in the same Parliament at the Bar of that House And the said Commons then ordered That that Information among others then before given in at the Bar of that House touching the said Plot should be entred in their Journal And that all the said Informations should be printed being first Perused and Signed by their Speaker And that the Speaker should name and appoint the Persons that should print them And that Thomas Dangerfield should have the Benefit of the Printing of his Information And the Defendant further says That he was a Member of the House of Commons during all the Sessions of Parliament last mentioned and was duly Elected and Made their Speaker and was so all that Sessions And that by virtue of and in pursuance of the said Order as Speaker of the House afterwards during that Session sc. 10 Nov. 32 Car. 2. in the Parish of S. Martins in the Fields in the said County of Middlesex He did Peruse the said Information so exhibited by the said Thomas Dangerfield to the Commons and he Signed it by putting to it his Name viz. William Williams Speaker of the House of Commons And then and there appointed Thomas Newcomb and Henry Hills being the Kings Printers to Print that Information according to the said Order of the House of Commons And thereupon the said Information afterwards and during that Session sc. 10 Nov. 32 Car. 2. was printed by those two Printers And that the said Thomas Dangerfield had the Benefit of that Printing according to the Order of the House Which Setting to of his Name and Appointment of the said Printers to Print the said Information are the same Causing and Appointing of the Printing and Publishing of the Libel in the Attorney General 's Information mentioned Absque hoc That he is Guilty of the Premises in the said Attorney General 's Information specified on

the jurisdiction of the Court. Et dicit quod si quis eorum speaking of the Lords of Parliament deliquerit erga Dominum Regem in Parliamento aliquo in parliamento debet corrigi emendari non alibi in minori curia quam in Parliamento Vnde non intendit quod Dominus Rex velit in curia hic de bujusmodi transgressione contemptu factis in Parliamento responderi Note the Plea as to the offence is very general not only restrain'd to the offence of absenting from the Parliament but to any trespass or offence in Parliament Si quis deliquerit And it would be a little improper to call absence from Parliament offence committed in Parliament for it looks like the quite contrary But in a just sence any offence committed by a Member relating to the Parliament though done out of the House is termed an Offence in Parliament So Printing any thing by Order of Parliament though it be done and executed in another place yet it may be said to be done by the Parliament and in Parliament if it be by their Order and in time of Parliament We may note further that this is a prosecution only against one particular Person for a particular Offence and Contempt charg'd upon him But in our Case the prosecution is against the very Speaker of the Parliament and is in effect a prosecution against the Parliament for it is against him for what he did by command and order of Parliament and sitting the Parliament And though the Attorney-General reply'd to the Bishops Plea that the King might sue in what Court he would yet the Bishop rejoins upon him and maintains his former Plea and there it rests so that as Sir E. C. observes that the Bishops Plea did stand and was never over-rul'd agreeable to the resolutions of former times So this I. may claim as an authority on our side And though Mr. Plowden the Lawyer to the like Information put in against him and others 1 and 2 Philip and Mary pleaded that he remain'd continually from the beginning to the end of the Parliament and travers'd the absence whereby he passes by the advantage of the Plea to the jurisdiction yet this is no Authority against us for he might think fit Renunciare juri pro se introducto having so true an occasions of clearing himself from that scandalous imputation of being absent from doing his duty in Parliament which certainly is a very high breach of Trust and he might be impatient of lying under it and therefore thought it best to traverse it to clear his Reputation in that point yet I must confess I should never have advis'd it nor was there any further prosecution against him I will mention but one most excellent Record more and it is a Record out of the Parliament Rolls 27 E. 3. Num. 9. Sir Cotton's Abridgem and with that I will Conclude I take it to be very pertinent and I am sure it is very seasonable Among the Petitions of the Commons One is They pray the King that he will require the Archbishop and all other of the Clergy to Pray for the Peace and good Government of the Land. And for the King 's good will towards the Commons The King's Answer is The same prayseth the King. And I wish with all my heart it were the Common-Prayer I have but one Prayer more to make and that is That this Court will allow the Defendant's Plea. A DISCOURSE Concerning the Ecclesiastical Jurisdiction IN THE Realm of England Occasioned by the Late COMMISSION IN Ecclesiastical Causes By Sir Robert Atkyns Kt. of the Honourable Order of the Bath and late One of the Judges of the Court of Common-Pleas LONDON Printed for Tim. Goodwin at the Maiden-Head against St. Dunstans Church in Fleet-street MDCLXXXIX A DISCOURSE Concerning the Ecclesiastical Jurisdiction IN THE Realm of England Occasioned by the Late COMMISSION IN Ecclesiastical Causes THE Preamble acknowledges That the King justly and rightfully is and ought to be Supream Head of the Church of England and is so recognised by the Clergy in their Convocations And it is Enacted That the King and his Successors shall be taken c. the only Supream Head in Earth of the Church of England And shall have and enjoy annexed to the Imperial Crown all Jurisdiction c. Authorities c. to the said Dignity of Supream Head of the same Church belonging And that the King and his Heirs and Successors Kings of this Realm shall have full Power and Authority from time to time to visit repress redress reform order correct restrain and amend all such Errors Heresies Abuses Offences Contempts and Enormities whatsoever they be which by any manner of Spiritual Authority or Jurisdiction ought or may lawfully be reformed repressed ordered redressed c. Any Usage Custom foreign Laws foreign Authority Prescription or any thing to the contrary notwithstanding Note This Act doth not make the King to be the Supream Head of the Church of England but acknowledges that he ever hath been so as it is recited by the Statute made in the same Parliament of 26 H. 8. c. 3. the Act for the First-Fruits See the Preamble towards the latter Part being the first Paragraph See also the Oath prescribed by the Statute of 35 H. 8. cap. 1. for the Succession Paragraph the 11th in Mr. Keeble's Edition of the Statutes at large very full to this purpose to shew that the Act of 26 H. 8. cap. 1. gave the King no new Title but only acknowledged that he ever had a Right to it and that the Bishop of Rome had but usurped it And as the Act of 26 H. 8. cap. 1. gave the King no new Title so it gave him no new nor further Authority in Spiritual and Ecclesiastical things nor over Spiritual and Ecclesiastical Persons than what he had before Therefore it is to be enquir'd what jurisdiction or Authority the King had before the making of that Act and how the Ecclesiastical Jurisdiction was of right and duly before exercis'd and administred viz. in what Courts by what Rules Laws or Canons and by what Persons It is clear in Law that the King himself merely in his own Royal Person could never take to himself the Hearing of any Cause Ecclesiastical or Temporal and adjudg and determine the Cause himself For by the Law and Constitution of the Realm the King hath committed all his Power Judicial to divers Courts some in one Court some in another as is held in Sir Ed. Cokes 2d Institutes fol. 186. at the lower end of that folio and in the middle of fol. 187. All Matters of Judicature and Proceedings in Law are distributed to the Courts of Justice and the King doth judg by his Justices See the Reports that pass by the Name of Sir Ed. Cokes 12th Reports fol. 63. the Case of Prohibitions Which is true as to Ecclesiastical Causes as well as Temporal for every Man knows that there