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A36249 The doctrine of the Church of England concerning the independency of the clergy on the lay-power, as to those rights of theirs which are purely spiritual, reconciled, with our oath of supremacy, and the lay-deprivations of the popish-bishops in the beginning of the reformation / by the author of The vindication of the depriv'd bishops. Dodwell, Henry, 1641-1711. 1697 (1697) Wing D1813; ESTC R10224 66,791 94

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and all their Power as Bishops of the Catholick Church is gone and all they do after the Lay Magistrate has deprived them will be perfect Nullities till they be again confirmed by Power derived from the Civil Magistrates This Hypothesis supposing the Legality of the Civil Power will indeed serve our Adversaries designs to the full But it is as notoriously false as it is notoriously true that there was even in the Apostles time a Discipline exercised independent on the Civil Magistrate And our Adversaries dare not stand by it § XVI THIS extravagant Notion of the Supremacy continued through the next Reign of King Edward the VI. Not only as that same Act continued still unrepealed but as the same Practice which supposed it continued and as no better Explication of the Supremacy was substituted in stead of it Now it was that Archbishop Cranmer took out his new Commission from the King for his Archbishoprick in the style formerly used by Bishop Bonner perfectly adapted to his own singular Opinion Now it was that the Bishop of Worcester took out the like Commission in the very beginning of this Reign Though Bishop Burnet observes that no such form was imposed on Bishop Ridley nor on Bishop Thirlby who were consecrated in the year 1550. In that same year it was that the young King himself expresses his own Opinion in these words But as for Discipline I would wish no Authority given generally to all Bishops but that Commission be given to those that be of the best sort of them to exercise it in their Dioceses By which we may easily understand that Bishop Ridley who did put out Injunctions had singular favour shewn him in that he was permitted to do so So that no general Inferences are to be gathered from his Case Yet even he and such as he were to Act by Commission which is perfectly consistent with the Hypothesis that was so destructive of the Churches Authority The only difference between him and others was that he was to hold his Authority for Life they only during the Princes pleasure But for proving the sense of the Law-makers of those times I rather chuse to insist on the expressions of the Laws themselves And those are very home to this purpose In the Statute 1 Edw. VI. c. 2. They say that all Authority of Jurisdiction Spiritual and Temporal is derived and deducted from the Kings Majesty as Supream Head of these Churches and Realms of England and Ireland They therefore enact that all Processes Ecclesiastical should run in the King's name only that the Teste should be in the name of the Archbishop Bishop or other having Ecclesiastical Jurisdiction who hath the Commission and grant of the Authority Ecclesiastical immediately from the Kings Highness They add withal that the Seal of Jurisdiction was to have the Kings Arms on it as an Acknowledgment from whom the Jurisdiction was derived There are indeed some exceptions in that same Act wherein the Archbishop of Canterbury and the other Bishops are allowed to use their own Seals But considering that the reasons given for their using the King's Arms are general such as extend to all Archbishops and all Spiritual Jurisdictions whatsoever those exceptions cannot argue any independence of the Spiritual Jurisdiction even in the Cases so excepted The Archbishop had a liberty of using his own Seal in Cases of smaller consequence which were not likely to be exempted from the Secular Power when the greater were not and in Dispensations to be granted to the King himself where though the Power had been in general originally derived from the King yet it had not been decent in the Dispensation it self to express its being so For that had been to the same purpose as if the King by his own Authority had dispensed with himself Yet the Power might have been derived from him as that of our ordinary Judges is when they give Sentence against the King in favour of a Subject by virtue of their Commission from the Crown empowering them to do so And the Cases wherein other Bishops are there allowed to use their own Seals are only such wherein their own inferiors are concerned who derive their Power from them which is very consistent with their own deriving their Power from the King Especially when this liberty is granted them by that very Power which pretended to be the Original of all their Episcopal Spiritual Power I mention not now the several Acts sufficiently frequent in this Reign requiring Clergymen to admit to Communion and empowering them to punish by Spiritual Censures though these do also proceed on the same supposal when they are not in execution of Canons made before by Ecclesiastical Authority that even such Spiritual Authority is originally vested in the Lay Magistrate For my design at present is not to enquire how far the Lay Power even the Legislative Power has encroached on the Rights of the Clergy actually but how far they have declared their encroachments included in the Sense of the Supremacy for maintenance of which the Oath was made and which must therefore be maintained by them who would then take the Oath veraciously according to the true meaning of the Legislators But what I have insisted on from this Act shews the Legislators sense of the Supremacy it self § XVII YET though this impious notion of the Supremacy was continued in the Reign of this excellent Prince who did not live to that maturity of his own Judgment that might otherwise have enabled him to have seen the falshood and all tendency of these ill Principles which had been instilled into him by his Godfather who was always the most forward promoter of them yet they were first introduced in the Sacrilegious Reign of King Henry the VIII And why should any Posterity have regard for such an Age as that was which had themselves so little for all the Acts of their own Ancestors Why should any who regard Religion have any for them who brought in principles so destructive to all Religion and to the very Fundamentals of the Church as it is a Society and a Communion Atheists themselves who have no concern for the Truth of Religion yet cannot chuse but be concerned for the security Religion gives them in their present enjoyments by the Opinions of those who do in earnest believe it true and for the restraint it lays on such not to molest them in their possessions of what they are Legally intituled to when it is otherwise in their Power forcibly to dispossess them That wicked generation broke even this security All that could have been done had been done by their Ancestors for the security of Magna Charta and the Rights of the Clergy concerned in it as the first and sacredest part of it It had been confirmed by solemn and frequently repeated grants of all the Parties who had a Right to confirm it Not only so but all the Obligations for observing it were laid on their