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A69617
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Two arguments in Parliament the first concerning the cannons, the second concerning the premunire vpon those cannons / by Edward Bagshawe, Esquire.
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Bagshaw, Edward, d. 1662.
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1641
(1641)
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Wing B401; ESTC R16597
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30,559
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46
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their ecclesiasticall Courts in their owne names and not in the Kings having procured a Proclamation 1637. declaring the opinions of the Judges that the Stat. of 1o. Edw. 6. cap. 2. is repealed and of no force at this day and that Bishops may keepe Courts in their owne names ob 5 It is objected by the Clergy that these new Cannons were made by authority of the King by his Commission dated 12o. Maij last and therefore they had a warrant for what they did answ This is no excuse for if the Cannons which they made be contrary to the proviso in their Commission and contrary to Law which I have proved before this is so farre from excusing that it aggravates their offence for hereby the King which by Law can doe no wrong to his people is by this Commission made by them an instrument of injury to his people Divines say simulata sanctitas duplex iniquitas because to the outward breach of the Law there is added an inward hypocrisie of the heart which doubles the sinne So in acts of Injustice countenanced by Law there is added to the Injustice a deceipt to the King which doubles the offence Many examples may be given in this kind I will only name three 1. Cardinall Woolsey had a Commission from the King for keeping his Legantine Courts but yet this Commission was no excuse to preserve him from an attainder in a Premunire as I said before 2. Stephen Gardiner Bishop of Winchester in his letter to the Lord Protector mentioned in the first Edition of the Acts and Monuments of the Church but left out in the latter doth cite the Lord Tiptofts case who had a Commission from the King to execute divers things which being found in the execution to be against Law he lost both his head and his Commission at Tower Hill 3. The third and last example is Sr. Anthony Mildmayes case 14º Jacob. in the Kings Bench who was a Commissioner of the Sewers which Commission is grounded upon the Statute of 23o. Hen. 8. who by vertue of his Commission did cause one to be distrained for a fine imposed upon him by vertue of the Commission of Sewers who brought an action of trespasse against the partie that distrained him and had judgement to recover Sr. Anthony Mildmay by an order from the Sewers caused him to be imprisoned till hee had released the judgement for which offence Sr. Anthony Mildmay was sued in a Premunire in the Kings Bench to which he pleaded and was faine to procure a pardon from the King for his discharge ob 6 The last and greatest Objection is this The Bishop of Exceter and divers Divines more hold that the Jurisdiction of Bishops is jure divino whereupon it folowes that neither prohibition nor Premunire can restraine that Jurisdiction which derives from the Law of GOD. answ This indeed is true if their Jurisdiction were of that nature but I have proved before by divers Acts of Parliament that their Jurisdiction is acknowledged by the Law of England onely to be jure humano so are the Statutes of 35. Edw. 1. called the Statute of Carliel 25o. Edw. 3.25o. Hen. 8.26 Hen. 8.37 Hen. 8. 1o. Eliz. c. and Co. 5. Rep. Cawdries case The Common Law doth agree with these Statutes for the Canonists as heretofore I have told you doe observe a double power to be in a Bishop Potestas ordinis common with other Ministers as to Preach Baptize c. and Potestas Jurisdictionis as to admit institute deprive excommunicate c. The former they say is de jure divino the latter is de jure Canonnico or positivo which is agreeable to the Statutes I cited before but what doe I speake of the Common Law for the very Church of England seemes to be of this opinion for in our Booke of Common prayer no more is allowed to Bishops in point of divine right then what is common with Pastors Ministers and Curats for there are but three prayers for Bishops in all the Booke of Common prayer and they all runne to the same purpose The first is in the Lettany in these words that it may please thee to illuminate all Bishops Pastors and Ministers of the Church with true knowledge and understanding of thy word that both by their preaching and living they may set it forth and shew it accordingly wherein nothing is mentioned but their knowledge of GODS word their good life and doctrine The next prayer for them is after the prayer for the King and his Children in these wordes That God would send downe upon all our Bishops and Curats and all Congregations committed to their charge the helpefull spirit of his grace that they may truly please him c. where the taking care of the cure of soules in Congregations committed to them is the maine thing which we pray for them on their behalfe The last is in the prayer for the militant Church in these words Give grace O heavenly Father to all Bishops Pastors and Curats that they may both by their life and doctrine set forth thy true and lively word and rightly and duely administer thy holy Sacraments where there is not so much as a word mentioned of their Jurisdiction but of their true preaching good living and due administration of the Sacraments And so Mr. Speaker doe I conclude my whole Argument touching the penalty incurred by the Clergy for their illegall Cannons made in their Synod at Paules concerning which I will end all in these two Verses which may be better applied to this Synod then the Arminians applied them to the Synod at Dort Paulinae Synodus nodus Chorus integer aeger Conventus ventus Sessio stramen Amen FINIS