Selected quad for the lemma: state_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
state_n	authority_n	ecclesiastical_a	jurisdiction_n	1,611	5	9.5516	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A25426	The king's right of indulgence in spiritual matters, with the equity thereof, asserted by a person of honour, and eminent minister of state lately deceased.	Anglesey, Arthur Annesley, Earl of, 1614-1686.; Care, Henry, 1646-1688.	1688 (1688)	Wing A3169; ESTC R6480	75,236	84

but were the Children and Posterity of those and were now become Natives and Denizens of England and therefore ought to yield the same conformity to the Laws as others of the Kings Subjects did and for that reason in regard of their Non-conformity he said he moved his Majesty to take away that Indulgence from them But this Answer was not approved the King thought fit to continue his Grace and Favour to these Sons of Strangers and to preserve his own right in granting and confirming this Indulgence The Arch-Bishop acknowledged this Right to be in the King by moving him to take it away and the Parliament acknowledged it to be in the King by their not being satisfied with the Arch-Bishops answer to their Charge about it and by their Proceedings in it And the confirmation and continuance of this Indulgence in Spiritual matters to the Children of those Strangers now become Natives of this Kingdom which they justly and deservedly enjoy to this day under the Goodness and Favour of our present Gracious Sovereign is no slender Argument of his Majesties Right to grant the same and to grant the like Indulgence to any other of his Loyal Subjects Another Precedent in our time is upon several Acts of Parliament in the time of Queen Elizabeth and King James ●● El c 2. ● Ja. c. 4. ● Ja. c. 5. by which all Jesuits and Romish Priests are prohibited from coming into this Realm upon Pain of High Treason and Rewards are given to those who shall discover them here and Forfeitures for saying or hearing of Mass And in these Statutes nothing is mentioned or reserved as to the Kings right of Dispensing with them or granting Indulgence upon them Nevertheless we all know that in our time all along upon Reasons of State for publique Service and Occasions and upon Contracts of Marriage by our Kings with Forreign Princes upon great Advice and publique Treaties it was thought fit and lawful that our Kings should grant Indulgence to such Romish Priests and such a Number of them as was agreed and held expedient for attendance in the Courts of their Royal Consorts And although nothing thereof is mentioned in those Statutes yet no question hath been made upon the Kings right of Indulgence on this occasion but the same remains undisputed and acknowledged And surely upon the same grounds of Reason and Law by which our Kings have and exercise this right of granting Indulgence to the Chaplains and Servants of our Queens though Romish Priests and English-men and no reservation thereof in those Acts of Parliament but this right taken as Inherent in the Crown our King may likewise owe Indulgence to any other of his Subjects differing in smaller matters of Religion There will be no need to mention the Precedents in our time of the late Kings Order That no Children of any of the Nobility should be Marryed without a particular License from the King which he granted and sometimes permitted the Arch-Bishop to grant Nor of the Kings granting of Licenses or Indulgences under the Great Seal to Persons and their Heirs to Eat Flesh on Fasting-dayes and in Lent although in the Statute 5 El. no reservation or mention is of the Kings Power to grant any such Indulgence but he doth it by Vertue of his Supream Right in matters Spiritual That one precedent of the Indulgence granted and continued to those of t●● French and Dutch Protestant Congregations is a very full testimony and acknowledgment of this right to be in the King and that when he pleaseth he may extend and grant the like to any other of his Native and faithfull Subjects of this Kingdom 9. Not only precedents of elder and later and of our own time do affirm this right to be in the King but it seems also warranted to be in him by several Acts of Parliament We may look as high as the time of E. 1. 11 E. 1. c. 32. in the Statute of Carlisle forbidding the Provisions of the Pope without the Kings Licence If then he might grant that Indulgence more strongly he may do it now The Statutes of praemunire doe highly assert the Kings right as do those of Provisions and are before in part mentioned To come to those which seem nearer our matter By the Statute of 25 H. 8. it is enacted That Appeals from places exempt which were to the See of Rome 25 H. 8. c. 19. shall be to the King in Chancery which asserts his right in those matters a fortiori in granting the Indulgence now desired By the Statute in the 26 year of this King it is enacted That the King may order c. as by any spiritual Authority or Jurisdiction ought or may lawfully be Ordered c. If then it did or doth belong to any spiritual Jurisdiction to grant Indulgence in spiritual matters it is by these Statutes given unto the King. But the Pope practised to grant Indulgences in greater matters than any upon earth even to the Pardon of sins and freeing Souls out of Purgatory which will not be taken as a precedent And as the Law of the Church was before this Statute taken he might lawfully grant Indulgence in any spiritual matters whatsoever and indulge any Non-conformity It therefore follows that by this Act the King hath the same right and may lawfully order and grant Indulgence in the matters for which the same is now desired By the Statute 28 H. 8. is recited That the Bishop of Rome 28 H. 8. c. 16. for profit used to grant to the Kings Subjects divers Authorities Faculties Licenses Indulgences c. And it enacts that all Dispensations from the Sea of Rome shall be voyd and that the effects and contents of Bulls Faculties c. purchased of the Sea of Rome which shall be allowable shall be confirmed under the Great Seal By the Judgment of this Parliament this right of Indulgence was declared and enacted to be in the King And that such Indulgences c. as were necessary and allowable for the people to have whereof the King was Judge should in the effect of them be passed under the Great Seal that is by the King whose Warrant to the Chancellor doth authorize him to pass a Grant under the Great Seal accordingly The Statute of 1 El. reeites that in H. 8. time divers good Laws 1 El. c. ● were made for the extinguishment of all usurped and forreign Powers and Authorities and for the restoring and uniting to the Imperial Crown of this Realm the ancient Jurisdiction thereto belonging by reason whereof the Subjects ever since enjoyed good order and were disburthened of the intollerable Charges and Vexations so usurped on them That Act abolisheth all forreign Jurisdiction Spiritual or Ecclesiastical within this Realm and Enacts That such Jurisdiction Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority had heretofore been or lawfully might be exercised or used for the Visitation of the Ecclesiastical State

Supreme in his Kingdom But Philip the Fair before that clapt the Popes Legat by the heels and Sequestred himself and his whole Realm from his Obedience and at length caught the Popes own Person and kept him in Prison till he dyed Here was exercise of Supreme Power to he highest And when Francis I. Concordat Gall. Budovus de Astr in his Interview with Leo X. did remit the Force of the Pragmatical Sanction his Secretary said That the Garland of France was betrayed So much they valued the King's Supreme Spiritual Jurisdiction whereof many more Instances are in the Story of that Nation 8. The like Supreme Jurisdiction was exercised by the Kings of Spain In Castile they have some limitted Ecclesiastical Power by a late Priviledge of Adrian VI. granted to Charles V. But when they see their time they are pleased to take so much as shall serve their turn As Philip II. seized upon the Temporalties of the Archbishop of Toledo then when the Bishop of Gorusa was apprehended at Rome for New Heresie And when Sixtus V. sent to him That if he would undertake the War against England Thuanus Hist l. 71. Prudentissimus princeps respondit se nil de suo Pontifici largiri Thesaur Polit. Apol. Epist 49. Nullis personis Ecclesiastici vel Sacres Locis ullam rem immobilem absque Principis licentia acceptare vel habere Hug. tui Jul. de Repub. Portugal Botar Net. orais quaest l. 3. Guicchard Hist l. 4. Boron Annal. 1209. he would remit to him the Revenues of that Bishoprick This wise Prince answered That he would receive nothing from the bounty of his own Bishop And though at home his Power is but what he pleaseth to take yet in other his Territories it is lawfully and in Spiritual matters as large a Jurisdiction as that of any other Prince As in Burgundy and Flanders he had the same Right that the King of France once had As Charles V. made a Statute of Mortmain That it should not be lawful for any Ecclesiastical Persons or Sacred Places to take or have any Immovable Things without the Licence of the Prince and his Indulgence in that behalf Philip II. his Son in publishing the Council of Trent in the Netherlands did not let it pass in all points with the strength of an Ecclesiastical Law but restrained it with an express Clause That it should not prejudice any priviledge of the King touching Possessory Judgments or Ecclesiastical Livings or Nominations thereunto In Portugal they had the Right of Presentation to all Bishopricks and Abbeys which is no small Testimony of Supreme Spiritual Jurisdiction Sicily hath been held of the See of Rome as a Spiritual See yet there the Kings of Spain do not only claim Supremacy of Over-seeing but likewise Superindency in doing of Ecclesiastical or Spiritual Affairs and there in all his Dominions the King of Spain doth exercise Supreme Spiritual Jurisdiction to which the Right of Indulgence is incident 9. The like Supreme Jurisdiction was also exercised and still is by the Kings of Sweden in Spiritual matters They bestow the Bishopricks and Superintendencies upon such Persons as they judge fittest for them which Donation is no slender Proof of this Supreme Jurisdiction and the Bishops and Superintendents there who are the same in Office and Authority though not in Name with the Bishops These chief Rulers I say of the Clergy and the Clergy themselves are in perfect Obedience and Submission to the King as their Supreme in matters Spiritual All Appeals from the Proceedings of their Spiritual or Ecclesiastical Courts as they likewise term them are made to the King in his Chancery who thereupon Ordains under the Great Seal of Sweden certain Commissioners or Delegates who hear and determine those matters by the King's authority And in some Cases of extraordinary weight or difficulty the King himself with the advice of his Senate or Council of State as in the last Resort resolves them The Bishops Superintendents and the rest of the Clergy are excluded from any Office or intermedling with Secular Publick Affairs which some of them relate to be occasioned by the height and busie interposing in such matters by some of their Archbishops and Bishops But of that I can say nothing only I know the present Archbishop and some of their Bishops to be learned grave and pious Men and very observant to their King whose Supreme Spiritual Jurisdiction is acknowledged by them and all other his Subjects and surely comprehends therein his clear Right of Indulgence which he exercises in many places 10. Thesaur Pol. Apol. 50. Herbert Hist Pol. l. 2. c. 7. Thesaur Hist l. 56. Dicunt suoque arbitrio eligunt Garnier Comment Pragmat Sancta de Sanat Patriam a Daniaes simul Pontificis servitute asseruit Sir Jer. Davis rep f. 88. 10 H. 7. C. 5. 33 H 6. C. 9. 22 H. 6. C. 3. 40 E. 3. C. 13. 7 E. 4. C. 10. 16 E. 4. C. 4. This Jurisdiction was likewise in several other if not in all the rest of the Princes of Christendom Poland and Hungary were by Benedict VII Converted from Paganism and thereupon wholly at the dispose of the Pope in matters Spiritual yet they appoint and choose at their pleasure Archbishops Bishops and Abbots The Kings of Hungary use the same Power as the Kings of England do whereof a Canonist saith Tho of Right they cannot yet the Kings of England and Hungary bestow Benefices by allowance from the Pope Thus he is pleased to declare his opinion tho grossly mistaken as to the Allowance whereas they claim and exercise this Right only by Virtue of their own Supreme Spiritual Jurisdiction according to Law. In which point besides the Presidents as to England an English Lawyer may hope for as much Credit as a Canonist The Princes of Germany Sweden Denmark and of the Netherlands have exercised the like Spiritual Jurisdiction especially when they Introduced the Reformation of Religion and abolished the Power of the See of Rome Whereupon it is said that Gustave I. of Sweden asserted his Country from the Danish and Popish Servitude Scotland hath likewise vindicated the Jurisdiction of her Prince in these Spiritual matters And of Ireland it is affirmed That they have there made as many Laws against Provisions Citations Bulls and Briefs of Rome as are to be found in all the Parliament Rolls of England Besides Poynings Law Enacts there the Statutes of Provision and all other Laws against the See of Rome Also in the Parliament of Kilkenny and in another Parliament in that Kingdom it is declared That the publishing of Bulls of Provision from Rome is High Treason But I may incur the Censure of tediousness to bestow more time on this Argument which can receive little opposition but it must be acknowledged that generally the Princes of Christendom and other Princes before and out of Christanity and the first Princes and Fathers of Families have exercised Supreme Jurisdiction