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A65678 The Bishops Courts dissolved, or, The law of England touching ecclesiastical jurisdiction stated wherein it appears that the spiritual courts want both power and might to execute their wills upon his Majesties good subjects at his day : being a short and brief account of the several statutes made concerning the spiritual and ecclesiastical jurisdiction / by E.W. Whitaker, Edward. 1681 (1681) Wing W1701; ESTC R186469 32,330 43

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the Imperial Crown of this Realm the Ancient Iurisdictions Authorities Superiorities and Preheminencies to the same of right belonging and appertaining by reason whereof we your most humble and obedient Subjects from the five and twentieth year of the reign of your said dear Father were continually kept in good order and were disburdened of diverse great and intollerable charges and exactions before that time unlawfully taken and exacted by such Forreign power and authority as before that was usurped until such time as all the said good Laws and Statutes by one Act of Parliament made in the first and second years of the Reigns of the late King Philip and Queen Mary your Highness Sister intituted an Act repealing all Statutes Articles and provisions made against the See Apostolick of Rome since the twentieth year of King Henry the eight and also for the Establishment of all Spiritual and Ecclesiastical possessions and Hereditaments conveyed to the Laity were all clearly repealed and made void as by the same Act of Repeal more at large doth and may appear By reason of which Act of Repeal your said humble Subjects were eftsoons brought under an usurped Forreign power and Authority and yet do remain in that bondage to the intollerable charges of your loving Subjects if some redress by Authority of this your high Court of Parliament with the assent of your Highness be not had and provided Sect. 2 May it therefore please your Highness for the repressing of the said usurped Forreign power and the restoring of the Rites Iurisdictions and Preheminencies appertaining to the Imperial Crown of this your Realm that it may be Enacted by Authority of this present Parliament That the said Act made in the first and second years of the Reign of the said late King Philip and Queen Mary and all and every branches Clauses and Articles therein contained other then such branches Clauses and Sentences as hereafter shall be excepted may from the last day of this Session of Parliament by Authority of this present Parliament be repealed and shall from thenceforth be utterly void and of none effect Sect. 16 And to the intent that all Vsurped and Forreign power and Authority Spiritual and Temporal may for ever be clearly exting uished and never be used or obeyed within this Realm or any other your Majesties Dominions or Countries May it please your Highness that it may be further enacted by the Authority aforesaid That no Forreign Prince Person Prelate State or Potentate Spiritual or Temporal shall at any time after the last day of this Session of Parliament use entry or exercise any manner of power Iurisdiction Superiority Authority Preheminence or Priviledge Spiritual or Ecclesiastical within this Realm or within any other your Majesties Dominions or Countries that now be or hereafter shall be but from thence forth the same shall be clearly abolished out of this Realm and all other your Highness Dominions for ever any Statute Ordinance Custom Constitutions or any other matter or cause whatsoever to the contrary in any wise notwithstanding Sect. 17 And that also it may please your Highness that it may be established and enacted by the Authority aforesaid that such Iurisdictions Priviledges Superiorities and Preheminencies Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical power or Authority hath heretofore been or may fawfully 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 Herefies Shismes Abuses Offences Contempts and Enormities shall for ever by Authority of this present Parliament be united and annexed to the Imperial Crown of this Realm Now by these Branches of this Statute it is most clear that all manner of Jurisdiction in Causes Spiritual and Ecclesiastical is more absolutely invested in the Crown then ever before so that if that of Edward the sixth be repealed yet here it is past all doubt that Act is now by this more inforced then ever And that it may appear more plain that no Court Spiritual was to Act any more but by Authority from the Queen in the next Section of this Statute of 1. Eliz. Power was given to the Queen in express words to grant Commissions to hold Courts under the great Seal of England or else by this Statute none could be held at all neither in their own name nor in the name of the Queen which branch of the said Statute runs thus Sect. 18 And that your Highness your Heirs and Successors Kings or Queens of this Realm shall have full power and authority by vertue of this Act by letters patents under the great Seal of England to assign name and authorize when and as often as your Highness your Heirs or Successors shall think meet and Convenient and for such and so long time as shall please your Highness your Heirs or Successors such person or persons being natural born Subjects to your Highness your Heirs and Successors as your Majesty your Heirs or Successors shall think meet to exercise use occupy and execute under your Highness your Heirs and Successors all member of Iurisdictions Priviledges and Pre●en●nences in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these your Rea●●s of England and Ireland or any other your Highness Dou●●●ions and Countries and to vis it reform redress order correct and amend all such errors herisies schisms abirses offences contempts and enormities whatsoever which by any manner of Spiritual or Ecclesiastical power Authority or Iurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the increase of vertue and the conservation of the peace and unity of this Realm And that such person or persons so to be named assigned authorised and appointed by your Highness your Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid shall have full power and authority by vertue of this Act and of the said Letters Patents under your Highness your Heirs and Successors to exercise use and execute all the premises according to the Tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding Here it is most evident that the Queen had the only sole power to nominate and appoint by her Commission under the great Seal of England both lay-men as well as Bishops to exercise Ecclesiastical Jurisdiction when and as often as she pleased and it is most evident it was not to be done at all without such Commissions But besides this Law it was the practice both in the times of Edward the sixth Queen Elizabeth and King James That all the Bishops and the Spiritual Courts whatsoever were held by such Commissions and to satisfie the Reader I have here inserted a Copy of one of them taken out of the Rolls Verbatim viz. Elizabeth by the Grace of God Rot. 9. Pars. 10. Eliz. c. To
Memory King Henry the Eighth as well by all the Clergy then of this Realm in their several Convocations as also by the Lords Spiritual and Temporal and Commons assembled in divers of his Parliaments was justly and rightly recognized and knowledged to have the supream Power Iurisdiction Order Rule and Authority over all the Estate Ecclesiastical of the same and the same Power Iurisdiction and Authority did use accordingly And that also the said late King in the 25th Year of his Reign did by Authority of Parliament amongst other things set forth a certain Order of the manner and form how Arch-Bishops and Bishops within this Realm and other his Dominions should be Elected and made as by the same more plainly appeareth And that also the late King of worthy Memory King Edward the Sixth did Lawfully succeed the said late King Henry his Father in the Imperial Crown of this Realm and did justly possess and enjoy all the same Power Iurisdiction and Authority before mentioned as a thing to him descended with the same Imperial Crown and so used the same during his Life And also that the said late King Edward the Sixth in his time by Authority of Parliament caused a Godly and Vertuous Book Intituled The Book of Common Prayer and Administration of Sacraments and other Rites and Ceremonies in the Church of England to be made and set forth not only for one Vniform Order of Service Common-Prayer and the Administration of Sacraments to be used within this Realm and other his Dominions but also did add and put to the same Book a very good and Godly Order of the manner and form how Arch-Bishops Bishops Priests Deacons and Ministers shauld from time to time be Consecrated made and ordered within this Realm and other his Dominions as by the same more plainly will and may appear And although in the time of the late Queen Mary as well the said Act and Statute made in the 25th Year of the Reign of the said late King Henry the Eighth as also the several Acts and Statutes made in the Second Third Fourth Fifth and Sixth Years of the Reign of the said late King Edward for the Authorizing and Allowing of the said Book of Common-Prayer and other the premises amongst divers other Acts and Statutes touching the said Supream Authority were Repealed yet nevertheless at the Parliament holden at Westminster in the first Year of the Reign of our Soveraign Lady the Queens Majesty that now is by one other Act and Statute there made all such Iurisdictions Priviledges Superiorities and Preheminences Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power and Authority hath heretofore been or may Lawfully be used over the Ecclesiastical State of this Realm and the Order Reformation and Correction of the same is fully and absolutely by the Authority of the same Parliament united and annexed to the Imperial Crown of this Realm And by the same Act and Statute there is also given to the Queens Highness her Heirs and Successors Kings and Queens of this Realm full power and authority by Letters Patents under the great Seal of England from time to time to assign name and authorize such Person or Persons as she or they shall think meet and convenient to exercise use occupy and execute under her Highness all manner of Iurisdictions Priviledges Preheminencies and Authorities in any wise touching or concerning any Spiritual or Ecclesiastical Power or Iurisdiction within this Realm or any other Her Highness Dominions and Countries Here again you see that the very Commissions are again Confirmed and all Ecclesiastical Power absolutely in the Queen to make and Appoint by her Commission whom She please to exercise Spiritual Jurisdiction and no Man ever pretended this Statute to be touched This being the Case to the end of Queen Elizabeths Reign we must see what was done in King James time and so to this Day In King James time the Bishops and Ecclesiastical Courts were holden as in Queen Eliz. time as is most apparent for meeting with an Objection that the Bishops held Courts in their own names time out of mind notwithstanding the Statutes and that the long custome would excuse them therein especially when the King did permit it I took an occasion to inform my self from the Journals and Records and do find that the Ecclesiastical Power was held and used in the time of King James under him by Vertue of Commission as before and to put it out of all doubt I shall demonstrate it thus Vide Journ ho. Lords 7 Jac. 10. 1610. 7 Jacobi A Dispute arose about the Spiritual Courts of their Extortion and going beyond their Commissions the Commons in Parliament complained to the King against the Ecclesiastical Courts and pray that no more such power may be given them by Commissions And a Question arose in the 10th of Jacobi whether they had any power at all in full Parliament it was Resolved and the King gave his Answer and the Judgement of the House of Peers That they had no Power but by the Kings Commission which he would take care for the time to come that it should not be any Burthen to the People Which Answer and Judgement in Parliament you have here in hec Verba set down VIZ. Die Lunae Viz. 23 die July 1610. Post Meridiem His Majesties Answer delivered to the whole Assembly of both Houses the 23d of July 1610. unto certain Grievances formerly delivered to His Majesty by the Knights Citizens and Burgesses of the Commons House of Parliament touching the inconvenient and dangerous extent of the Statute of 1 Eliz. Chap. 1. Our Approved care for the well Ordering of Ecclesiastical-Courts and Causes ought to banish from the conceits of our loving Subjects all needless and imaginary fears Nevertheless we are pleased to assure them by Our Royal Promise That our Ecclesiastical Commissions shall not be Directed to singular Persons but to such a number of Commissioners and them so elected as the weight of such Causes doth require And that no Definitive Sentence be given or pronounced by such our Commissioners under the number of Seven of them sitting in Court or Five at the least and that in only case of Necessity And further That we shall not take Advantage by any power given us by that Statute to grant forth any forms of Commission exceeding further then to Imprisonment and Reasonable Fine And likewise That We shall restrain such our General Commissions to the number of Two the one for this Province of Canterbury the other for that of York Besides we are Resolved to Establish such an Order touching the use and practice of Our said Commission as that none of our Loving Subjects shall be drawn from remote places either to London or York except it shall be for such exorbitant offences as are fit to be made exemplary And for the enumeration of Ecclesiastical Causes in particular as it is a matter full of Difficulty so it is needful