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A61544 A discourse concerning the illegality of the late ecclesiastical commission in answer to the vindication and defence of it : wherein the true notion of the legal supremacy is cleared, and an account is given of the nature, original, and mischief of the dispensing power. Stillingfleet, Edward, 1635-1699. 1689 (1689) Wing S5581; ESTC R24628 67,006 76

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A DISCOURSE CONCERNING THE ILLEGALITY OF THE LATE Ecclesiastical Commission In ANSWER to the VINDICATION and DEFENCE of it Wherein the true Notion of the LEGAL SUPREMACY Is CLEARED And an Account is given of the Nature Original and Mischief OF THE DISPENSING POWER LONDON Printed for Henny Mortlock at the Phoenix in St. Paul's Church-Yard and at the White Hart in Westminster-Hall M D C LXXXIX AN Advertisement THIS Discourse concerning the Illegality of the Late Ecclesiastical Commission was written when the Author of it was summoned to appear before it and was in continual Expectation of undergoing its Censure for not Complying with the Orders of it This put him upon an Enquiry into the Grounds on which it stood From whence he proceeded to search into the True Notion of the Legal Supremacy and finding it very imperfectly set down in the famous Fifth Report De Jure Regis Ecclesiastico he took the Pains to Examin it through every Reign there mentioned and upon the whole Matter he finds him and his Adversary F. P. equally mistaken But in the Management of it he hath rather endeavoured to give Light to the Thing than to discover any Mans Errors And it is hardly possible to settle the Notion of it aright without considering the Practice of other Countries as well as our own Of both which the Reader will find a short but impartial Account which I believe the Author could more easily have inlarged than have brought it into so narrow a Compass By this I hope the World will see That it was not Humor or Faction but a real and well-grounded Dissatisfaction which made those of the Church of England oppose the Proceedings of that Time and that such have as great and real a Zeal for the Ancient and Legal Constitution of our Government as those who make a greater Noise and Clamor about it and that not upon any new Notions or Phrases but upon the very same Grounds which our Ancestors made use of and carry in them the true Basis of our English Government It is possible some worthy Men may have carried some Notions beyond our Legal Constitution but the more they search into it the better Opinion they will have of it Which I think is so well setled that every Deviation from it tends to our Ruin. As to the Dispensing Power the Author hath inlarged that Part since some late Discourses have been published both for and against it He hath neglected nothing which hath been most plausibly pleaded for it but hath given a full Answer to the most material Instances which have been insisted on in behalf of it And after all I cannot but conclude That the Dispensing Power is a kind of Mental Reservation which quite alters the Meaning and Design of a Law. When the Late Ecclesiastical Commission was superseded if not dissolved the Author laid by these Papers as Useless but having communicated them to one Particular Friend whose Judgment and Authority he had a great Regard to he hath been prevailed with by him to make them Publick at this Time It being still necessary to shew with what Justice and Reason we refused to own the Jurisdiction of it And it seems to me as hard to reconcile it to our Laws as Liberty of Conscience to the Principles of Popery or the Worship of Images to the Second Commandment THE CONTENTS CHAP. I. THE State of the Question concerning the Court of the late Ecclesiastical Commission Pag. 1 CHAP. II. The King's Supremacy by Common-Law enquired into Coke's fifth Report de Jure Regis Ecclesiastico examined p. 8 CHAP. III. Whether the King's Supremacy by Law extends to the Dispensing with Laws Of the Nature and Original of that Power The Inconsistency of such a Dispensing Power with the Frame of our Government p. 25 CHAP. IV. Of the Alterations made in the Supremacy by the Statutes of Henry the Eighth with an Answer to the Objections p. 49 THE LEGALITY OF THE COURT OF Ecclesiastical Commission Stated and Argued In ANSWER to the VINDICATION and DEFENCE of it CHAP. I. The State of the Question concerning the Court of the late Ecclesiastical Commission The Case stands thus BY the Act of 1 Eliz. 1. it was established and enacted That such Jurisdictions Priviledges Superiorities and Preheminencies Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority have heretofore been or may lawfully be exercised or used for the Visitation of the Ecclesiastical State and Persons and for Reformation Order and Correction of the same and of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities shall for ever by this present Parliament be united and annexed to the Imperial Crown of this Realm And that the Kings and Queens of this Realm shall have ful Power and Authority by virtue of this Act by Letters Patents under the great Seal of England to assign name and authorize when and as often as they shall think meet and convenient and for such and so long time as they shall think meet to exercise use occupy and execute all manner of Jurisdictions Priviledges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these Realms and to visit reform redress order correct and amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities what soever which by any manner of Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the Pleasure of Almighty God the increase of Virtue and the conservation of the Peace and Unity of this Realm And that such Person and Persons so to be named authorized and appointed after the said Letters Patents to him or them made and delivered shall have full Power and Authority by virtue of this Act and of the said Letters Patents to exercise use and execute all the Premises according to the Tenour and effect of the said Letters Patents any Matter or Cause to the contrary in any wise notwithstanding But in the Act 17 Car. 1. c. 11. after the recital of this latter Clause these words follow And whereas by Colour of some Words in the aforesaid Branch of the said Act whereby Commissioners areauthorized to execute their Commission according to the Tenor and Effect of the King's Letters Patents and by Letters Patents grounded thereupon the said Commissioners have to the great and unsufferable Wrong and Oppression of the King's Subjects used to fine and imprison them and to exercise Authority not belonging to Ecclesiastical Jurisdiction restored by that Act and divers other great Mischiefs and Inconveniences have also ensued to the King's Subjects by occasion of the said Branch and Commissions issued thereupon and the Executions thereof therefore for the Repressing and Preventing of the aforesaid Abuses Mischiefs and Inconveniences in time to come Be it enacted by the King 's Most Excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority