Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	ecclesiastical_a	jurisdiction_n	spiritual_a	4,670	5	7.0518	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A81194	A compendium of the laws and government ecclesiastical, civil and military, of England, Scotland & Ireland and dominions, plantations and territories thereunto belonging, with the maritime power thereof, and jurisdiction of courts therein. Methodically digested under their proper heads. By H.C. sometime of the Inner Temple.	Curson, H. (Henry)	1699 (1699)	Wing C7686A; ESTC R231895	237,927	672

Prayers The Parliament when required confirms the Consults of the Clergy that the People may be thereby induced to obey the Ordinances of their Spiritual Governours The Archbishop of York at the same time holds a Convocation for his Province at York in like manner and by Correspondence doth debate and conclude the same Matters with the Convocation for the Province of Canterbury Inter Leges Inae Anno Domini 727 A Convocation of the Clergy is called Magna Servorum Dei frequentia All the Members of both Houses have the like Priviledges for themselves and Menial Servants as the Members of Parliament and this by Statute Now they are required to subscribe Three of the XXXIX Articles Vide Stat. 13 Eliz. cap. 19. And the Canons ratified by King James 1 Jac. 1. And for The Executive Power in Causes Ecclesiastical THere are provided divers Excellent Courts the chief whereof for Criminal Causes was The High Commission Court THe Jurisdiction whereof was Enacted 1 Eliz. That Her Majesty Her Heirs and Successors should have power by Letters Patents under the Great Seal to Nominate and Authorize such person or persons being Natural born Subjects to Her Highness as Her Highness her Heirs or Successors should think fit to Exercise and Execute all manner of Ecclesiastical Jurisdiction within the Realms of England and Ireland or any other Her Highness Dominions to Visit and Reform all Errours Heresies or Schisms Abuses Offences and Contempts c. which by any manner of Spiritual and Ecclesiastical Power can or may be lawfully Reformed c. And that such person or persons should have full Power by Virtue of the said Act and Her Majesties Letters Patents to Exercise and Execute the Premisses according to the Tenour and Effect of the said Letters Patent And upon Declaration of this Act the Lord Coke raises two Questions First What Causes should belong to this Court Secondly In what cases they may Fine and Imprison As to the first it is certain That by the principal Clause of Restitution in that Act all Spiritual and Ecclesiastical Jurisdiction heretofore exercised or used or which might have been lawfully exercised or used were by the Authority of that Parliament annexed and united to the Imperial Crown of this Realm For whatever Power or Jurisdiction did belong to or was exercised by the Pope De facto doth now De jure belong to the King But by reason the Ecclesiastical Judges before the making of that Act ought to have proceeded according to the Ecclesiastical Censures of the Church and could not Fine and Imprison unless they had Authority by Act of Parliament Therefore the Lord Coke by reason of the Clause i● this Act That the Commissioners shall Execute the Premisses according to the Teno●● of the Letters Patent which Clau●● refe●s ●o the former parts of this Act viz The Ancient Jurisdiction restore● by this Act ●a●th the Commissione● had not power to Fine and Imprison This Commission was usually grante● to persons of the Highest Quality i● Church and State so often and for 〈◊〉 long time as the King did thin● fit In Queen Elizabeths Time saith th● Lord Coke it was Resolved the Hig● Commission should be limitted to certia● Enormities and Exorbitant Causes And many Presidents were brought 〈◊〉 Prohibitions against their Authority 〈◊〉 Fine and Imprison both out of th● Kings-Bench and Common-Pleas B●● this Court being now Abrogated by th● Statute of 16 17 Car. 2. cap. 11. The Courts of the Archbishop 〈◊〉 Canterbury come next in course th● Highest of which is The Court of Arches SO called from the Arched Church of St. Mary in Cheapside where this Court hath been usually kept as appears by Record in Edward the First 's time The Judge hereof is the Dean of the Arches who under the Archbishop of Canterbury hath Jurisdiction over a Deanery consisting of Thirteen Parishes within London exempt from the Jurisdiction of the Bishop of London Hither are directed all Appeals in Ecclesiastical Matters within the Province of Canterbury And to this Court belong divers Advocates all Doctors of the Civil Law Two Registers and Ten Proctors The next Court of the Archbishop is The Court of Audience KEpt within the Archbishop's Palace and medleth not with any manner of Contentious Jurisdiction but only with Matters pro forma as Confirmation of Bishops Elections Consecrations and Matters of Voluntary Jurisdiction as granting the Guardianship of the Spiritualties Sede vacante of Bishops Admission and Institution to Benefices Dispensing with Banns of Matrimony and such like The Court of the Faculties THis is also a Court although it holdeth no Plea of Controversie 〈◊〉 belongeth to the Archbishop and his Officer is called Magister ad Facultates And the Authority is raised by the Statute of 25 H. 8. cap. 21. whereby Authority is given to the Archbishop and his Successors to grant Dispensations Faculties c. by himself or his sufficient Commissary or Deputy for any such matter heretofore had at the See of Rome or by the Authority thereof The Prerogative Court of Canterbury THis is the Court where Testaments are proved and Administrations granted where the Party dying within his Province hath bona Notabilia within some other Diocess than where he dieth which regularly is to be to the value of Five pounds but in the Diocess of London it is Ten pounds composition By 16 Rich. 2. Rot. Par. not in Print It is assented in full Parliament that the King may make his Testament which before that was doubtful and Hen. 4th made his Testament and his Executors refusing Administration was granted by the Archbishop of Canterbury with the Testament annexed to the same When the King is made Executor he Deputes certain Persons to take the Execution upon them and appoints others to take the Accompt The Probate of every Bishop's Testament or Granting Administration of his Goods althô he hath not Goods but within his own Jurisdiction doth belong to the Archbishop From this Court the Appeal is to the King in Chancery The Archbishop of York hath the like Courts and also the Court of Audience The Court of Peculiars THe Archbishop of Canterbury hath a peculiar Jurisdiction in divers Parishes within the City of London and other Diocesses c. and there are Fifty seven such Peculiars within the Province of Canterbury It is an Ancient Priviledge of the See of Canterbury that wheresoever any Manors or Advowsons do belong unto that See that place forthwith becomes exempt from the Ordinary and is reputed a Peculiar and of th● Diocess of Canterbury And there are certain peculiar Juri●dictions belonging to some certain Par●shes the Inhabitants whereof are exem●● from the Archdeacon's Jurisdiction an● sometimes from the Bishops Jurisdictio● And a Dean or Prebendary having 〈◊〉 Rectory or Impropriation in anoth●● Bishop's Diocess hath often a Court 〈◊〉 Peculiars held for him in that partic●lar Parish Note That there are some Deans 〈◊〉 England without any Jurisdiction on● for Honour so Stiled as

Manuscripts There have been in that time and since the Conquest till the Lord Coke● time 280 Sessions of Parliament and at every Sessions divers Acts made n●● small number whereof are not in Print Cokes 1 Inst 110. a. The Jurisdiction of this Court is s● Transcendent That it Maketh In●largeth Diminisheth Abrogateth Repealeth and Reviveth Laws Statutes Acts and Ordinances concerning Matters Ecclesiastical Capital Criminal Common Civil Marshal Maritime c. And none can begin continue or dissolve the Parliament but by the King's Authority Cokes 1 Inst 110. None can be sent out of the Realm no not into Ireland against his will albeit by Order of Parliament Cokes 2 Inst. 47 48. Trial by Peers of Peers of Parliament was very ancient and in the time of the Conqueror both for Men and Women and anciently those that were not Lords of Parliament were Judged in case of Treason or Felony by the Peers of the Realm By Authority of Parliament it was declared That Urban the 12th was duly elected Pope Cokes 2 Inst 274. Few or none of the Acts made in Ed. 1. time have been Repealed Cokes 2 Inst 280. Where Communitatem Angliae and many such Words are taken for the Parliament and as there was a legal word Guidagium being an Office for guiding Travellers through dangerous passages so the Laws of the Realm are ●o guide the Judges in all Causes Cokes 2 Inst. 526. Cardinal Woolsey endeavouring to bring in the Civil Law was the occasion that but one Parliament was held from the 7th to 21th year of Hen. 8. Cokes 2 Inst. 626. George Nobles a Priest Attainted by Verdict for Clipping the Kings Coi● was Adjudged and Executed at Tybur● as a common person and Merx 〈◊〉 shop of Carlisle for Treason again●● Hen. 4. had Judgment as in case 〈◊〉 High Treason But Cor Regis in manu D●mini he was pardoned Cokes 2 Inst 63● The Parliament at Oxford 42 Hen. 〈◊〉 was called Insanum Parliamentum 12 Ed. 2. The Parliament of Whiteband 5 Ed. 3. Parliamentum bonum 10 R. 〈◊〉 Parliamentum quod fecit Mirabilia 21 R. 〈◊〉 Magnum Parlimentum 6 H. 4. Parl●●mentum indoctum 4 Hen. 6. Parliam●●tum Fustium 14 H. 8. The Black Parl●●ment 1 E. 6. Parliament ' pium 1 Ma●● Parliament ' propitium Parliaments of Q. Pia Justa Provida 21 Jac. 1. Foelix Pa●●●amentum And the Parliament in the 〈◊〉 year of King Ch. 1. Benedictum Parl●●mentum The Reasons of most of the Appellations appear upon Record C●● 3 Inst 2. It is Lex Consuetudo Parliamen●● That wheresoever the Parliament S●● Proclamation should be made forb●ing wearing of Armour and all Plays and Games of Men Women or Children Cokes 3 Inst 160. The Britons loved the Laws of England and petitioned to have the Laws of England in all cases of the Crown used in Wales And now seeing there are Sheriffs in Wales the Writs for Election of Knights Citizens and Burgesses are directed to them returnable in Chancery Cokes 4 Inst. 241. Every Lord of Parliament ought to have a Writ of Summons sent to him out of the Chancery at least 40 Days before the Parliament begin and the Writ of Summons to the Barons is Quod intersitis cum Praelatis Magnatibus Proceribus super dictis Negotijs tractaturi vestrumque Consilium Impensuri but the Writ to the Assistants as all the Judges Barons of the Exchequer of the Coif the Kings Learned Councel and the Civilians Masters of the Chancery are different from the other as thus Quod intersitis Nobiscum cum caeteris de Concilio nostro and sometimes Nobiscum only super Praemissis tractaturi vestrumque Consilium Impensuri and the Writs of Summons to the Bishops c. you may see in Cokes 4 Inst 4 5 6 9 10 14 47 48 50. And at the Return of these Writs the Parliament cannot begin but by the Royal Presence of the King either in Person or by Representation Cokes 4. Inst. 6. The Writs of Summons are to be found in the Close Rolls and the Forms of them you may see in Cokes 4 Inst 9 10. Which Forms as also the Forms of all other original Writs are not to be altered but by Act of Parliament and where they Issued out of the Chancery and were Returnable in the Court of Parliament the Return thereof could not be altered and Returnable into the Chancery But by Act of Parliament 7 H. 4. cap. 15. They be now returned into the Chancery and kept in the Office of the Clerk of the Crown there see the Statute of 4 H. 7. cap. 15. and Cokes 4 Inst. 9 10. Who shall be Electors and the Sheriffs duty in Electing you may see in the several Statutes whereof some are mentioned in Cokes 4 Inst. 48. If Erroneous Judgment be given in the Kings-Bench it shall upon petition of Right be brought into Parliament to be reversed or affirmed and the proceedings thereupon you may read in Cokes 4 Inst 21. None of the Judges of Kings-Bench Common-Pleas or Exchequer are Eligible because Assistants in the House of Lords nor any of the Clergy because of the Convocation but those who have Judicial places in other Courts are Eligible Cokes 4 Inst 47. Thorpe could not be Speaker unless he were Knight of the Shire Cokes 4. Inst 47. in the margent Tenants in ancient Demesne not contributary to the expences of Members in Parliament nor Chaplains who are Masters in Chancery to Proctors in Parliament F. N. B. 507. Cokes 1 Rep. 25 160. A saving in an Act of Parliament Repugnant to the Body of the Act is void Cokes 1 Rep. 47. Alton Woods's Case He who taketh a Gift by Act of Parliament shall not have other Estate than is given by the Act Cokes 1 Rep. 47 48. Alton Woods Case An Act of Parliament or the Common Law may make an Estate void as to one and good as to another which a Man by his breath or words cannot do Cokes 1 Rep. 87. Corbet's Case The Statute of 27 Hen. 8. Extirpating and Extinguishing all the Estate of the Feoffees Non possunt agere seu permittere aliquid in prejudice of Cestuy que use Cokes 1 Rep. 132. Chudley's Case An Act of Parliament may make Division of Estates and therefore not like to Cases at Common Law Cokes 1 Rep. 137. Chudleigh's Case An Act of Parliament is the Highest Conveyance and a latter doth take away a former Act Cokes 2 Rep. 46. Parliamentum Testamentum Arbitramentum to be construed according to the intent of the makers Cokes 3 Rep. 27. Butler and Baker's Case Of Statutes which concern the King the Judges ought to take notice Cokes 4 Rep. 13. Lord Cromwell's Case The like of general Acts Cokes 4 Rep. 76. Holland's Case The of Stat 13 18 Eliz. concerning Leases by Deans and Chapters are general Statutes whereof the Court ought to take notice although they be not found by the Jurors Cokes 4 Rep. 120. Davenport's Case Mistaking the

upon a Pain c. to answer c. contrary to the ordinary Course of the Common Law Whereunto the King answered That such Writs should not be granted without Necessity Anno 3 Hen. 5. the Commons petitioned That all Writs of Subpaena and Certis de Causis going out of the Chancery and the Exchequer might be Inrolled and not Granted of matters determinable at the Common Law on Pain of Forty Pounds The King's Answer was That he would be advised See before in Court of Equity in the Exchequer-Chamber Page 141. The Court of First Fruits and Tenths Ecclesiastical A Court of First-fruits and Tenths was raised by Stat. 32 Hen. 8. Cap. 45. Officers constituted of Chancellor Treasurer King's Attorney Two Auditors and Two Clerks Authority given them to compound for First-fruits Bonds taken therefore should be of like force as a Statute-Staple But this Court was dissolved by Queen Mary Parl. 1. Sess 2. Cap. 10. These were granted to the Crown by the Stat. of 26 H. 8. Cap. 3. But all the Clergy were Exonerated and Discharged thereof afterwards Anno 2 3 Philip and Mary Cap. 4. The Statute of 26 Hen. 8. revived and First-fruits and Tenths of the Clergy reunited to the Crown Anno 1 Eliz. Cap. 4. But no Court is revived but First-fruits and Tenths to be within the Rule Survey and Government of the Exchequer and created a new Office and Officer viz. a Remembrancer of the First-fruits and Tenths of the Clergy who taketh all Compositions for the said First-fruits and Tenths and maketh Process against such as pay not the same First-fruits or Annates Primitiae are the First-fruits after Avoidance of every Spiritual Living for one whole Year except Vicaridges not exceeding Ten Pounds and Parsonages not exceeding Ten Marks but all are to pay Tenths Ecclesiastical Livings were sometimes valued by a Book of Taxation made in 20 E. 1. which remaineth in the Exchequer and by another Taxation in 26 Hen. 8. which also remaineth in that Court. And according to that latter Taxation are the Values of Ecclesiastical Livings computed for the First fruits and Tenths What is of Record concerning First-fruits we will thus briefly relate 2 Ed. 3. Rot. Claus m. 4. The King forbiddeth H. P. the Pope's Nuncio to Collect First-fruits c. Parl. 1. R. 3. N. 66. That the Pope's Collector be willed no longer to gather the First-fruits of Benefices within this Realm being a very Novelty and that no Person do any longer pay them Rot. Par. 4 Rich. 2. Nu. 44. The Commons do petition that Provision may be made against the Pope's Collector for Levying the First-fruits of Ecclesiastical Dignities within the Realm The Answer of the King in Parliament is There shall be granted a Prohibition in all such Cases where the Pope's Collectors shall attempt any such Novelties For note They were not so ancient with us as is pretended Rot. Par. 6 R. 2. Nu. 50. Upon Complaint made by the Commons in Parliament The King willeth that Prohibitions be granted to the Pope's Collectors for receiving of First-fruits 6 Hen. 4. Cap. 1. Against First-fruits by Archbishops and Bishops to the Pope terming it an horrible Mischief and damnable Custom Rot. Par. 9 Hen. 4. Nu. 43. It is Enacted That the Pope's Collectors should not from thenceforth levy any Money within the Realm for First-fruits of any Ecclesiastical Dignity by any Provision from Rome upon Pain of the Statute of Provisors but this is omitted out of the Print of 9 Hen. 4. Cap. 8. 19 E. 3. Tit. Jurisdiction 22. The Bishop of Norwich had by Prescription time out of mind First-fruits within his Diocesse of all Churches after every Avoidance But these also were given to the Crown by the Statute of 26 Hen. 8. Cap. 3. Tenths Ecclesiastical Decimae these are the Tenth part of the Value of all Ecclesiastical Livings yearly payable to the King his Heirs and Successors by the said Satute of 26 Hen. 8. and 1 Eliz. to be valued as is abovesaid These the Pope as the Canonists hold pretended to have De Jure Divino as due to the High Priest by pretext of these Words Praecipe Levitis atque denuncia cum acceperitis à filiis Israel Decimas quas dedi vobis Primitias earum offerte Domino id est decimam partem decimae ut reputetur vobis in Oblationem Primitiarum tam de areis quam de torcularibus universis quorum accipietis Primitias offerte Domino date ea Aaron Sacerdoti But the Parliaments in 25 Hen. 8. and 26 Hen. 8. were not of Opinion that these Tenths did belong to the Bishop of Rome as by the several Preamambles thereof appeareth which we have added for that we have endeavoured to shew as the Lord Coke saith the several Claims and Pretences of every thing whereof we have treated And King Philip and Queen Mary yielded not these Tenths to the Pope but as hath been said by Authority of Parliament discharged the Clergy thereof Which they would never have done if they had taken them to be due to the Pope de Jure Divino And the Bishop of Norwich could not have prescribed to have First-fruits within his Diocesse if they had been due to the Pope de Jure Divino and the rather for that Anthony de Beck for whom the Prescription was made was a Retainer to the Court of Rome made Bishop of Norwich by the Pope See the Statutes at large and Coke's 4 Inst Cap. 14. By Statute 26 Hen. 8. Cap. 17. Farmers of Spiritual Persons shall not be compelled to pay First-fruits and Tenths for their Lessors By the Statute of 27 Hen. 8. Cap. 8. Every Spiritual Person at his Entry into Specialty for the Payment of his First-fruits shall have Deduction of the Tenth part thereof in respect of the Tenth which shall be by him payable that year Where the last Incumbent leaves the Tenth unpaid the Successor may Distrain the said Incumbents Goods found upon the Benefice and keep them until the Incumbent if Living or if Dead his Executors Administrators or other Owner of the said Goods shall satisfie the Arrears which if not done within 12 days the Goods may be Appraised upon Oath and Sold for the satisfying thereof together with reasonable Costs and in Case there be no Distress the Successor may prosecute the Incumbent if Living or if Dead his Executors Administrators or other Owner of his Goods by Bill in Chancery or Action of Debt for the Recovery of the same By Stat. 32 Hen. 8. cap. 22. If a Bishop or any of his Deputies will make Oath that they cannot Levy a Tenth they shall be discharged thereof upon their Account in the Exchequer which Court shall also have Power to Examin the Truth thereof by Witnesses or otherwise and also to Issue out Commissions and to receive Certificates for that purpose If it be Certified into the Exchequer by Commission or otherwise that any Spiritual Promotion is omitted out of the Original