Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	act_n	parliament_n	person_n	3,941	5	5.3333	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A77860	Reasons shewing the necessity of reformation of the publick [brace]1. doctrine, 2. worship, [double brace] 3. rites and ceremonies, 4. church-government, and discipline, reputed to be (but indeed, not) established by law. Humbly offered to the serious consideration of this present Parliament. By divers ministers of sundry counties in England.	Burges, Cornelius, 1589?-1665.	1660 (1660)	Wing B5678; Thomason E764_4; ESTC R205206	61,780	69

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 or Successours 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 This is one entire Clause of that Act nor is there any Branch or Clause in that whole Act that gives more or other Jurisdiction to Bishops or any other Ecclesiastical persons whatsoever 2. Now the Act of 17. Car. 1.11 having repeted this Clause at large addeth Be it Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Parliament assembled and by the Authority of the same That the aforesaid Branch Clause Article or Sentence contained in the said Act and every word matter and thing contained in that Branch Clause Article or Sentence shall from henceforth be repealed annulled revoked annihilated and utterly made void for ever any thing in the said Act to the contrary in any wise notwithstanding This as we humbly conceive puts a period to all Ecclesiastical Jurisdiction of Bishops Deans and Chapters and Archdeacons whatsoever And even before that Act of 17. Car. 1. that Government which they exercised was without yea contrary to Law For whereas by the Statute of 1. Edw. 6.2 it was Enacted that all Summons and Citations or other process Ecclesiastical in all Suits and Causes c. should from the first day of July thence next following be made in the name and with the stile of the King as it is in Writs Original or Judicial at the Common Law And that the Teste thereof be in the name of the Archbishop or Bishop or other having Ecclesiastical Jurisdiction who hath the Commission and grant of the Ecclesiastical Authority immediately from the Kings Highness And that his Commissary Official or Substitute exercising jurisdiction under him shall put his name in the Citation or Process after the Teste And that they in all Seals of their Office shall have the Kings Highness Arms decently set with certain Characters under the Arms for the knowledge of the Diocess and shall use no other Seal of Jurisdiction c. upon pain of his Majesties displeasure and imprisonment during his Majesties pleasure * So also it is Enacted 1. Edw. 6.12 that they should make their Process and Writings in the Ks. name and not under their own names and that their Seals should be the Kings Arms. In which Act nevertheless they were allowed to use their own Seals in admission and ordering all their own Officers in all Certificates in all Collations Presentations Institutions and Inductions of Benefices Letters of Orders or Dimissories as formerly was accustomed But under colour of this last Toleration they have used their own Names and Seals onely in all Ecclesiastical Jurisdictions for many years last past without taking the least notice of King or Queen or taking any special Commission from them for ought hath appeared in any of their pretendedly juridical proceedings which are therefore apprehended to be all void in Law albeit they had obtained in secret Letters Patents so to act as they have done For that Statute being repealed in 1. Mar. 2. was again in general terms revived and re-established in 1. Eliz. 1. and never since made void And whereas our Bishops and Archbishops in England and Wales are in all but twenty six in number which being far too few to be able to execute the Office of Bishops as by the Word of God they are bound to do there was in the 26th year of Hen. 8. cap. 14. an Act of Parliament made for adding six and twenty Suffragan Bishops more unto them which that Statute saith hath been accustomed to be had in this Realm It was Enacted that Th●tford Ipswich Colchester Dover Gilford Southhampton Taunton Shaftsbury Molton Marleborough Bedford Leicester Glocester Shrewsbury Bristol Penreth Bridgwater Notingham Grantham Hull Huntington Cambridge and the Town of Pereth and Barwick St. Germans in Cornwal and the Isle of Wight shall be taken and accepted for Sees of Bishops Suffragans to be made in this Realm These to be chosen thus Every Archbishop and Bishop that would have Suffragans must for each place nominate two persons to the King whereof the King to chuse one and to give him the name title and dignity of Bishop of such of the Sees aforesaid as he should be nominated unto and he to be called Bishop Suffragan of that See And the King by his Letters Patents is to present him to the Archbishop of the Province where this Suffragan is to be requiring the Archbishop with two Bishops or Suffragans more to be procured by the Bishop that names him to Consecrate the said person to the same name title stile and dignity of Bishop as to the Office of a B●shop Suffragan appertaineth and then to execute such power and authority as by the Archbishop or Bishop within whose Diocess he is to be he shall be Commissionated to do but no other under pain of a Premunire but not to partake any of the Profits of the Bishoprick of the Diocess But our Bishops like none of this although heretofore used which Act being repealed by Queen Mary was revived in 1. Eliz. 1. by name and is still in force Therefore in stead of twenty six Bishops to desire fifty two is no Puritanical request but a legal and just demand For there are so many allowed by Law already Yea if two hundred Bishops should be setled in England they would be too few to execute all the duties which by the Word are incumbent on a Bishop And verily we are perswaded in Conscience that this must be done if there be any due care of Souls by such as have power to do it if Episcopacy be again set up in England And we speak thus because we apprehend that by Act of Parliament all their power and jurisdiction is absolutely taken away and therefore by consequent the Office it self although the Ordinance of both Houses of Parliament of October 9. 1646. had never been For when their power of Jurisdiction is gone for ever what of the Office of a Bishop as such remaineth This was the sense of both Houses of Parliament as appears by that Ordinance which makes all their Grants since 17. Car. 1. to be null and void because their Office then expired If it shall be thought fit to set up Episcopacy again We most humbly pray that it may be no other but that Primitive Episcopacy agreeable to the Apostles rules in that form method and power mentioned in the Book of Reduction of Episcopacy composed and published in the year 1641. by Dr. James Vsher late Archbishop of Armagh always provided that there be such a competent number of Bishops set up as may be able faithfully and profitably to discharge the Office of

satisfying their carnal and fleshly lusts but to have many children because every one of them hoped and begged oft-times of God in their Prayers that that blessed seed which God promised should come into the world to break the Serpents head might come and be born of his stock and kindred As if all did not know out of what Tribe Christ was to issue Par. 2. Hom. 2. of Alms pag. 160. The same lesson doth the Holy Ghost teach us in sundry places of the Scripture saying Mercifulness and alms-giving purgeth from all sins delivereth from death and suffereth not the soul to come into darkness For this is alledged Tob. 4. ver 10. Then there is added The wise Preacher the son of Sirach confirmeth the same when he saith That as water quencheth burningfire even so mercy and alms resisteth and reconcileth sins Excellent sense For this Ecclus. 5. is quoted in the margent But it is cap. 3.30 where the words in the New Translation are Alms maketh an atonement for sins Of which words however a charitable construction may be wyre-drawn yet those expressions the same lesson doth the Holy Ghost teach us in sundry places of the Scripture evidently admit of these two gross Errours 1. That the Book of Tobit is to be taken for Holy Scripture 2. That it was indited by the Holy Ghost The former of these is contrary to Art 6. in which only the Canonical Books there named are owned for the Scripture of the Old Testament And that of Tobit is there numbred among the Apoeryphals which the Article saith out of Hierom the Church doth not apply to establish Doctrine yet this Homily applies these Apocryphal passages to confirm the Doctrine of Alms deeds And as touching the Holy Ghosts teaching of this in those places alledged out of Tobit and Siracides this is denyed by all who receive not those Books as Canonical Take but one witness instead of many King James who in his Book directed to his Eldest son and called Basilicon Doren having spoken to him of reading of the Holy Scriptures saith thus As to the Apocrypha Books I omit them because I am no Papist and indeed some of them are no way like the ditement of the Spirit of God 6. That by the 37th Article as it is still printed and may not be altered where it is said The Queens Majesty hath the chief power in the Realm of England c. meaning Queen Elizabeth who is after named therein all Ministers are bound to read those very words unto this day and may not say The Kings Majesty hath the chief power for the Articles must be read every word of them as they are printed with the Kings Declaration before them or the Minister must be deprived if he alter any word or shall not take it in the sense of the very Letter of it And if he keep not to all the very words of the Articles who can swear that he did read them after his Induction if put unto it 7. That by this means we shall have no setled or fixed Doctrine of the Church of England at all if so often as the Bishops and Clergy in Convocation shall obtain License to deliberate of all such things as they shall think fit to explain and shall obtain thereto the Royal Assent they may put what sense they please upon the Doctrine established which by the Declaration prefixed to the Articles is promised to be from time to time granted unto them If it be said There is an easie Cure for all this The Declaration before the 39 Articles was never confirmed by any Act of Parliament nor is now in force or if it be it is but the taking of that away and causing the Books to be printed without it So will the subscribers to the Articles be at as much liberty as by the Act of 13 Eliz. was allowed them To this it is Answered that this will signifie nothing if Ministers be still tyed to subscription For 1. It hath been already declared yea adjudged that by that Statute there is no liberty for any man to subscribe the Articles with any limitation or explication if any credit be given to Sir Edward Cook who saith * Instit 4.47 p. 324. edit 1658. that he hath heard Wray chief Justice in the Kings Bench Pasch 23 Eliz. quoting Dier 23 Eliz. 377. lib. 6. fol. 69. Grenes Case Smiths Case report that where one Smith subscribed to the said 39 Articles of Religion with this addition so far forth as the same were agreeable to the Word of God that it was resolved by him and all the Judges of England that this subscription was not according to the Statute of 13 Eliz. Because the Statute required an absolute subscription and this subscription made it conditional and that this Act was made for avoiding diversities of opinions c. And by this Addition the party might by his own private opinion take some of them to be against the Word of God and by this means diversities of opinions should not be avoided which was the scope of the Statute and the very Act it self made touching subscription hereby of none effect Thus He. 2. This shews a necessity of repealing that branch of the Act so far as it concerneth subscription because 1. if we may not subscribe with such an addition so far forth as the same Articles are agreeable to Gods Word it must needs be granted that the Composers of them are admitted to be infallible and their Articles of equal Authority with Canonical Scripture or else that the Statute intended to tyrannize over the Consciences of men which is not to be imagined 2. There is no more necessity for Ministers to subscribe those Articles which that Act confirmes then there is for others to subscribe to all other Acts of Parliament which do concern them If an Act once confirm and ratifie a thing under a penalty it will take place and keep all in as much obedience as if all the Subscriptions in the world were made to it It is not particular Subscriptions but publique Legislative Authority that makes it a binding Law 3. This Subscription is for the most part required of men while they be young and have not time or solidity throughly to ponder and weigh all the Articles in the balance of the Sanctuary or in the scaies of the Laws so that hereby they are cast into a snare ere they be aware and by their own inconsiderate and rash act bound as men are apt to make them believe if they afterwards upon never so just grounds begin to hesitate to maintain every of those Articles although contrary to the Word of God which is expresly contrary to the very Letter of the 20th Article which saith It is not lawful to ordain any thing that is contrary to Gods Word written And afterwards As it ought not to decree any thing against the same that is the Word so beside the same ought it not to enforce any thing

to be believed for necessity of Salvation But the Statute doth require belief of every one of these Articles when it enjoyns not only subscription but an assent unto them punishing all with Deprivation that shall affirm and maintain any Doctrine repugnant to them which every man must do if they be found contrariant to the Word or he must be false to God 4. If subscription to these or any other Articles be still continued How can any just liberty be granted to tender Consciences But that they must swallow all that is enjoyned although beside yea contrary to the Word or be persecuted and ruined Thus much of the Doubtfulness of the Articles and of the inconvenience and mischief of subscribing them Which inconvenience and mischief will be greater if we should be tyed to those Articles alone though never so sound as shall now appear in the Defectiveness of them 2. The Articles are Defective Because 1. The sixth Article speaking of the Holy Scripture saith In the name of the holy Scripture we do understand those Canonical Books of the Old and New Testament of whose Authority there was never any doubt in the Church Nevertheless albeit it enumerate the Canonical Books of the Old Testament yea and all the Apocrypha too yet it nameth not any of the New Testament but only concludeth thus All the Books of the New Testament as they are commonly received we do receive and account Canonical Now it being not unknown that there hath been doubts in the Church of some of them insomuch as the Epistle of St. James the second Epistle of St. Peter and several other books and passages in the New Testament have been not only doubted but refused the Article is defective in the not enumerating all the Books of the New Testament 2. There are no Articles for discovering and condemning sundry points of Popery in Doctrine which being first the Tenets of Arminius the first Protestant Writer that was not a professed Lutheran that ever openly maintained them are too commonly suckt in and cryed up by some as the Doctrine of the Church of England which since the Reformation never own'd them but are all maintained by Bellarmine and generally by all Franciscans and Jesuites but confuted by all approved Writers of the Protestant Reformed party that have written against Bellarmine and others of that crew as likewise by the learned Whitgift Whitaker Junius Zanchius Pareus Chamier Dr. Prideaux and many others The learned King James also took so much notice of and distaste at those Arminian-Popish Opinions touching Predestination abused universal Redemption universal Grace the manner of conversion and falling from grace that his Majesty was the chief procurer and promoter of the late Synode of Dort to which he sent Bishop Carlton Dr. Davenant Dr. Hall afterwards Bishops Dr. Goad and Dr. Balcanqual to assist in that Synode whose judgements touching all those points were given in to the said Council subscribed with their hands and afterwards printed and published Agreeable whereunto in the main hath the late Assembly of Divines sitting at Westminster declared their judgements in the Confession of Faith afterwards ratified by both Houses of the late Long Parliment for which reason is that Assembly so much slighted reviled and opposed 3. Those Articles contain nothing of the Creation of Providence Fall of man of Sin of the Punishment of sin of Gods Covenants Effectual Calling Adoption Sanctification Faith Repentance Perseverance of the Law of God Christian liberty and Liberty of conscience Religious Worship of the Sabbath or Lords day of Marriage and Divorce the Communion of Saints Church-government and Discipline of the Resurrection or of the last Judgement all which the Scripture teacheth and that as necessary as appears by the comprizing most of them in the Apostles Creed and therefore necessary to be explained and held forth unto all as the Doctrine of this Church especially considering the differences and Controversies about many of them Upon this reason it was that the late Assembly of Divines have taken so much pains to compose several Articles which they call Chapters wherein both those of the 39 Articles which are held to be indeed fit to be retained are more fully cleared and explained and the rest added with pertinent proofs of Scripture to make it manifest that they are all evidently grounded upon the Word of God But all proofs are wanting in the 39 Articles no text of Scripture being produced to make cut any one of them II. Of WORSHIP THe Form of Publick Worship in England except Preaching is set down in the Liturgy or Book of Common-Prayer established by Law in 1 Eliz. 2. intituled An Act for the Vniformity of Common-Prayer and Service in the Church and the Administration of the Sacraments This Act repealeth another made in 1 Mar. 2. which had repealed a former Statute made in 5.6 Edw. 6. for the Vniformity of Common-Prayer c. and re-established that Common-Prayer-Book which the said last mentioned Act of Edw. 6. had ratified and confirmed But yet the Act of 1 Eliz. which authorizeth and enjoyneth the use of that Book of 5.6 Edw. 6. doth it with allowance of one alteration or addition of certain Lessons to be used on every Sunday in the year and the form of the Letany altered and corrected and two sentences onely added in the delivery of the Sacrament to the Communicants but none other or otherwise Now it is here to be observed that in the Act of 5.6 Edw. 6. for confirming that Book it is said that The Kings most Excellent Majesty with th' assent of the Lords and Commons in that Parliament assembled and by the Authority of the same had caused the aforesaid Order of common service intituled The Book of Common-Prayer to be faithfully and godly perused explained and made fully perfect and by the foresaid Authority annexed and enjoyned it so explained and perfected to that present Statute So that the same was enrolled together with the Act it self Which being repealed by Queen Mary the Original Book was taken off from the Parliament-Roll and so lost But in the Act of 1 Eliz. 2. there is no mention at all of joyning the Book then revived and re-confirmed to the said Act nor doth it appear that ever it was again enrolled whereby by having recourse to any Record or Parliament-Roll it may be proved that that Book of Common-Prayer printed in the year 1559. the first of Q●een Eliz. is confirmed by Law or that any man is bound to use it as the onely form now established by Parliament or to be punished for not using it at all And albeit the Act of 1 Eliz. Quere therefore whether he that either useth them not or useth other be punishaable taketh notice of some alterations above mentioned to be made in the Book then ratified yet it doth not name nor express what those alterations were So that all men are lest in a blind touching the same if put to prove that those

de se quem industrium noverint Archidiaconum vocent Constat ergo APOSTOLICA INSTITUTIONE omnes Presbyteros esse Episcopos licet nunc illi majores hoc nomen obtineant Episcopus enim Superintendens dicitur omnis Presbyter debet intendere curam super oves sibi commissas For brevity sake we forbear to English this long allegation The sum of it is that in the Primitive Church Bishops and Presbyters were one in respect of Order however a Bishop chosen by the Presbytery were over them in respect of place and degree 4. Bishops being Consecrated have power by the Stat. of 5.6 Edw. 6. and 8. Eliz. 1. to Ordain both Deacons and Presbyters which the Book incongruously calleth Priests But whereas the Episcopal Party claimeth sole Ordination as if no Minister can be rightly Ordained who is not ordained by a Bishop and under this pretence many of the present Prelatical Party stick not to degrade and unordain such Ministers as are Ordained by Presbyters alone even where no Bishops are allowed to execute that Office and Schismatically to advise and perswade all to withdraw from all Assemblies and Ordinances as being no Ordinances of Christ where such Ministers as are ordained onely by the Presbytery without a Bishop do administer We must give this Answer 1. That there is no Scripture that appropriateth this to Bishops alone 2. There are several warrants in the New Testament to justifie the laying on of hands without a Bishop in their sense When Barnabas and Saul after called Paul were to be sent out to preach the Holy Ghost commanded to separate them for that Work whereupon Simeon sur-named Niger Lucius of Cyrene and Manaen not one of them a Bishop in our Prelatical Advocates sense laid hands on them and sent them forth Acts 13. Thus Timothee was ordained by the laying on of hands of the Presbytery 1 Tim. 4.14 This made him a preaching Presbyter and Bishop although the laying on of Pauls hands made him an Evangelist 2 Tim. 1.6 3. The Book of Ordination it self though it appoint the Bishop to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the president and chief Actor yet it allows him not to act as in Confirmation of Children alone in the Ordaining of Presbyters or Priests But the Bishop with the Priests present shall lay their hands severally upon the head of every one that receiveth Orders So the Rubrick therefore no Bishop hath sole power of Ordination nor may he Ordain alone 4. That very Statute of 8. Eliz. 1. which ratifieth the Book of Ordination doth not tye all to that one Form as appears by the Stat. of 13. Eliz. 12. which saith thus Be it Enacted by the Authority of this present Parliament That every person under the degree of a Bishop which doth or shall pretend to be a Priest or Minister of Gods holy Word and Sacraments by reason of any other form of Institution Consecration or Ordering then the form set forth by Parliament in the time of the late King of most worthy memory King Edward the sixth or now used in the Reign of our most gracious Soveraign Lady before the Feast of the Nativity next coming shall in the presence of the Bishop Subscribe to all the Articles of Religion c. Therefore the Law intended not to tye all to the form of Ordination by Bishops but tyeth Bishops to give them Institution if they subscribe the Articles and be otherwise qualified as that Act prescribeth 5. This is to un-Church all the Protestant Churches in Christendom where there are no Bishops and to deny them Communion with the Church of England which hitherto hath owned them and held Communion with them as true Churches of Christ Now in sew words we must a little take notice of the necessity of Reforming that Book it self 1. In the Preface For where that saith It is evident unto all men diligently reading the holy Scripture and ancient Authors that from the Apostles time there hath been these Orders of Ministers in Christs Church Bishops Priests and Deacons it hath been shewed before that however we read of Bishops Presbyters or Elders and Deacons these are not three distinct Orders of the Ministry for that Bishops and Presbyters are of the same Order Nor are Presbyters Priests there being no such name in the New Testament nor any such Office in the Ministry of the Gospel Now seeing this Preface is so much made use of and wrested to prove an untruth touching the distinction of Orders and gives such a name to Ministers as argues them to be Sacerdotes Sacrificuli sacrificing Priests which is not so but repugnant to their Office it ought to be reformed 2. In the Ordering of Deacons the Bishop alone is to lay on hands whereas it is not so to be done in the Ordering of Priests as they are nick-named or Consecration of Bishops And this also is contrary to the practice of the Apostles themselves expressed in that very Scripture Act. 6. appointed to be one of the Epistles to be read at that time where after choosing the seven Deacons it is said These they set before the Apostles and when they bad prayed THEY not one of them laid their hands on them Now seeing this was so and that at every Ordination of Deacons other Ministers beside the Bishop are present and seeing further it is said in the third Prayer then used after the Letany that God did inspire his Apostles to chuse to this Order St. Stephen with other which directly crosseth the Text which saith The whole multitude chose them and that by order from the Apostles Why should such a practice be continued by a single Bishop so contrary to that of the Apostles themselves and every other Ordination in our own Church 3. In the Ordering of Priests We say as before that Title or name of Priest ought to be changed for the Reasons abovesaid But that which most offendeth is that in the very act of Ordaining the Bishop takes upon him to give that which none but God himself hath power to bestow where it saith Receive the Holy Ghost c. which be the words of Christ himself to his Apostles without any warrant from him to be used by Bishops or any others For however Ordination be necessary yet there can be no reason that a Bishop or other persons should in this assume more in officiating then in all other Ministrations where the words of Institution in Baptisin in the administring the Lords Supper c. are first rehearsed and then at the act of ministring a Prayer is used not a Magisterial use of the very words of Christ himself in the first institution as is obvious to all This therefore savors of presumption not to be admitted in so holy an action especially where a Bishop shall as by report some now do take upon him to breathe upon the person he ordaineth as Christ did upon his Apostles Moreover it being now claimed as peculiar to Episcopacy as a distinct

inrollment of that Charter until 2 Ric. 2. will not admit of so great Antiquity thereof And the same Sir Edw. Cook there alledgeth the Red Book of Hen. 1. De general Placitis Comitatuum Cap. 8. extant in the Office of the Kings Rememb in the Exchequer wherein in the Sheriffs Tourne Court is said Ibi agantur primo debita verè Christianitatis jura Secundo Regis placita postremo causae singulorum dignis satisfactionibus expleantur There let be handled first all due Laws of Christianity or Court-Christian Secondly Pleas of the King Lastly Causes of particular persons c. Whereupon they that is others conclude that Ecclesiastical causes were handled in the Tourn in H. 1. long after the said supposed Charter Then he addeth And certain it is the Bishops Consistories were erected and causes Ecclesiastical removed from the Tourn to the Consistory after the making of the said Red Book But let the Antiquity thereof be what it will it is most certain that however the Popes and their Agents did often intrude and usurp Authority within this Realm yet the King and Parliament ever held the Bishops and Clergy of England within the verge of the Laws of the Land never permitting them either by colour of Magna Charta or otherwise to exercise any Authority but with submission to the Municipal Laws So that whoever shall endeavour to put them into any further power in case they have a mind to restore them to former Jurisdictions doth put to his hand to make them so many Popes which this Realm even in times of Popish Religion here would never endure And whereas some are pleased to affirm that by the Statute of 25. Hen. 8. cap. 19. there was a stricter restraint laid upon the Bishops and Clergy than in the times before when they sate in Convocation viz. No Canons should be made and put in exercise that were contrariant or repugnant to the Laws of the Land it is manifest that the same limitation was long before set upon them For Sir Edw. Cook ibid cap. 74. pag. 323. saith That the King did often appoint Commissioners by Writ to sit with them at the Convecation and to have cognizance of such things as they meant to establish that nothing should be done in prejudice c. and for this he citeth 51. Ed. 3. nu 42.46 Edw. 3. prem 8.21 Ed. 4.45 Rot. Parl. 1 Ric. 2. nu 114. from which he concludeth that the Statute of 25. H. 8.19 is but Declaratory of the old Common Law And so strict were the Kings anciently over Bishops and Archbishops too that when the Clergy petitioned in Parliament 51. Edw. 3. 4 Instit ca. 74. of Archdeacons p. 339. num 83. that of every Consultation conditional the Ordinary may of himself take upon him the true understanding thereof and therein proceed accordingly that is without appeal to the King whereupon Delegates by Commission under the Great Seal might hear and determine the same The Kings answer was that the King cannot depart with his right but to yeeld to his Subjects according to Law To which Sir Edw. Cook subjoyns an Item to all his Readers Nota hoc stude bene Nay this is not all For so far did the Kings of England engage in the over-ruling of Bishops that they did not onely limit their Jurisdiction but allowed them not liberty to make a Will without licence from the King till they made composition with him as the same Author telleth us saying Ibid. p. 338 It appears by many Records in the reigns of H. 3. Edw. 1. as taking some one or two examples for many that by the Law and custome of England no Bishop could make his Will of his Goods or Chattels coming of his Bishoprick c. without the Kings licence The Bishops that they might freely make their Wills yeelded to give to the King after their deceases respectively for ever six things 1. Their best Horse or Palfrrce with Bridle and Saddle 2. A Cloke with a Cape 3. One Cup with a Cover 4. One Bason and Ewre 5. One Ring of Gold 6. His Kennel of Hounds For these a Writ issueth out of the Exchequer after the decease of every Bishop Whether this be still in use we meddle not but mention it onely to shew what a strict eye our Kings have ever had upon Bishops so as the Law allows them not power so much as of their own personal Estates much less of Ecclesiastical Jurisdiction without the King What power they had in the High Commission Court is needless to mention the Court being happily laid aside by the Statute of 17 Car. 1. cap. 11. But whereas they insisted upon sole Jurisdiction and now begin to exercise it or at least to renew their claim thereunto it is very well known that by the Statute of 1. Edw. 6.2 they could hold no Courts but in the Kings name nor that without Commission under the Great Seal which power was indeed revived and re-established by the Act of 1. Eliz. after it had been repealed 1. Mar. 2. Howbeit all that power is again repealed and made void for ever by the same Act of 17. Car. 1. and now no Commissions to be granted them any more To make this out we shall rehearse the words of both those Acts of Parliament which run thus 1. The Act of 1. Eliz. cap. 1. having first united and annexed all Spiritual and Ecclesiastical Jurisdiction to the Imperial Crown of this Kingdom it after addeth what power shall be given by Commission under the Great Seal to exercise the same in this following Clause onely viz. 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 assigne 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 or Successors as your Majesty your Heirs or Successors shall think meet to exercise and use occupy and execute under your Highness your Heirs and Successors all manner of Jurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these your Realms of England and Ireland or any other your Highnesses Dominions and Countries And to visit reform redress order correct and amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner 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 Vertue and the Conservation of the Peace and Vnity of this Realm And that such person or persons so to be named assigned authorized and appointed by your Highness your Heirs or Successours after