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authority_n	england_n	king_n	lord_n	3,923	5	3.9670	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43643	A vindication of the naked truth, the second part against the trivial objections and exceptions, of one Fullwood, stiling himself, D. D. archdeacon of Totnes in Devonshire, in a libelling pamphlet with a bulky and imboss'd title, calling it Leges Angliæ, or, The lawfulness of ecclesiastical jurisdiction in the Church of England : in answer to Mr. Hickeringill's Naked truth, the second part / by Phil. Hickeringill.	Hickeringill, Edmund, 1631-1708.	1681 (1681)	Wing H1832; ESTC R13003	47,957	41

humble Servant when where and in what he list For presently after he brings that of Isa 10.1 to vanquish the King and Parliament that made him Recant his own Canons two years before Isa 10.1 Dicente Domino per Prophetam Vae qui condunt Leges iniquas c. Wo unto them that Decree unrighteous Decrees c. meaning the Statutes made by the King and Parliament for so he goes on quia igitur ab antiquo tempore inter Leges Magnates Angliae ex parte unâ Archiepiscopos Episcopos Clerum ejusdem Regniex altera duravit amara dissensio pro oppressione Ecclesiae contrà Decreta summorum Pontisicum contra Statuta Conciliorum contra Sanctiones Orthodoxorum Patrum in quibus tribus summa auctoritas summa veritas summaque sanctitas consistunt supplicamus Regiae Majestati c. huic periculosae dissentioni dignemur finem apponere salutarem cui finis alitèr imponi non potest nisi vos sublimitatem vestram praedictis tribus scilicèt Decretis Pontificum Statutis Conciliòrum Sanctionibus Orthodoxorum Patrum juxtà Domini beneplacitum cùm Catholicis Imperatoribus dignemini inclinare ex his enim tribus sunt Canones aggregati jura Coronae vestrae Christi Coronae supponenda cujus sunt Diadema Sponsae suae monilia universae Ecclesiasticae Libertates All which are most emphatical words and most apt for our purpose to stop the Arch-deacon's Mouth that would have the present Church of England and its Jurisdiction derivative from Edw. 1. and Edw. 3. Nor do I know any man more able in all History to write all that could be said for Ecclesiastical Jurisdiction Canon-Law or Civil-Law than the said Peckham nor can any thing better represent the posture of Affairs in England as to Ecclesiastical matters than the said Letter which I will English faithfully as followeth Because quoth the Archbishop there has been of old and long has continued a bitter Dissention betwixt the King and Parliament of England on the one part God grant they may alwayes be so as they ought to be but one part and the Archbishops Bishops and Clergy of this Realm on the other part to oppress the Church contrary to the Popes Decrees contrary to the Canons of Councils contrary to the Sanctions of the Orthodox Fathers in which three consists the Supream Authority the greatest Verity and the choycest Piety We intreat your Royal Majesty that we should vouchsafe together to put an end to this dangerous Dissention and Differences which can never be concluded except you will please to submit your highness to the said three things namely the Decrees of Popes the Canons of the Synods and the Opinions of the ancient Orthodox Fathers according to the Command of the Lord and after the Example of Catholick Kings For of these three are the Canons made and the Rights of your Crown must submit to the Crown of Christ the Churches Rights and Liberties being the Diadem of Christ and the Ornament and Jewels of his Spouse c. Whence I make these plain Remarks 1. That as the Devil Tempting our Blessed Saviour accosted him with Holy Scripture in his Mouth so does this filthy Symonist talk Scripture Language to the King and Parliament whilst he himself hated to be Reformed 2. That there was and has been an old Feud Difference and Dissention and cannot possibly be otherwise where the Layety are Governed by one Law and the Clergy by another the Layety a distinct and peculiar Party on the one part and the Clergy with other designs a party in Opposition to the Layety on the other part The Devil and the Pope brought in that distinction of Layety and Clergy not God and Scripture and it was never a quiet World in Christendome since that time of making that distinction which God never made 3. That when the King and Parliament Thwarts the Clergy and the Canons of their own devising and made to gratifie as those of Rading aforesaid only their Avarice Ambition and Revenge yet that is called Oppressing the Church of God 4. That Kings must alwayes under the notion of submitting to God and Christ submit their Scepters Crowns and Dignities to Religious Zealots and Bigots when they get the Power and they 'l have it too or they 'l want of their will 5. That the Clergy Archbishops and Bishops accounted themselves and were taken and accepted for the Church of England 6. That the Pope was Head of this Church his Decrees their Rule and Canons to walk by and carry on their Ecclesiastical-Courts and Jurisdiction 7. That their Laws were contrary to the sence of the King and Parliament 8. That the King and Parliament were sometimes though but a little little time too hard for those Archbishops Bishops and Clergy of whom the Pope was Supream head 9. That it is impossible that our present Archbishops Bishops and Ecclesiastical Jurisdiction can derive their Authority for Ecclesiastical Courts from the Popish Arch-bishops Popish Canons Popish Bishops that had the Pope for their head since our Clergy Archbishops and Bishops do renounce the Popes Supremacy 10. That the Ecclesiasticals before Hen. 8. whilst the Pope was their head look't upon the Kings of England as their Inferiours and that the King and Parliaments Sentiments and Decrees should truckle to theirs And if some had not some strange Reliques they would not dare as this Archdeacon does to write and defend a Jurisdiction and Courts in England without special Authority and Commission from the King And for him to say They Keep Courts by Common-law is the idlest of all his dreams 1. Because before Will. the Conqueror there was never any Spiritual Courts Kept distinct from the Hundred-Courts and if they have right to keep them there at the Bayliffs house let them come but instead of Chancellours Surrogates and Officials and Archdeacons must sit for Judges there as now and of Old two honest Freeholders let them come then with their Ecclesiastical Courts founded in the Common-law before William the Conquerour 2. The Common-Law this D. D. calls p. 51. long and granted Use in the whole Land but then if they plead for their Ecclesiastical Courts according to ancient use and custome they must keep them in Places Times and by such Laws and Judges as were of the ancient use and custom 3. The Common-Law of England is ancienter than our Christianity but Bishops as now in England much less Archbishops for Austin the Monk sent hither by the Pope was the first Archbishop and much less Archdeacons are the Inventions of men and the favour of Kings at first of Popish Kings for before Austin the Monk Anno Dom 〈◊〉 England had neither Lord Bishops nor Lord Archbishops after the manner they are now therefore neither they nor their Courts as now kept have any foundation in Common-law 4. By his own shewing that Edict of William the Conquerour enjoyns that no Bishop nor Archdeacon hold Pleas any longer in

and desired their restauration and surely they better understood their Ecclesiastical Jurisdiction in those days than this Archdeacon can possibly at this distance in these days Lastly The Temporal as well as Spiritual Courts are enabled by 24. Henry 8.12 to determine the controversies in this Realm without Appeals and yet none of them take upon them to Sit without the Kings special Commission and Authority except petty-Hundred-Courts c. which are Common-Law-Courts but so are not the Ecclesiastical at best further than Ecclesiastical matters may still by the Common Law be tryed before the Lord of the Hundred or his Steward and the Freeholders and the Bishop also and Archdeacon may be suffered to come into the Room but whether they may come in without knocking or must sit or stand be covered or uncovered when they come there by the Common Law it seems it is not by our D. D. the great Common Lawyer as yet determined And therefore it is much better for the Archdeacon at least much more proper for him to leave these doubtful matters as whether 1 Edward 6.2 be now in force and how far and to what Commissioners the 13 Car. 2.12 does extend wherein the Author of the Naked Truth would not peremptorily assert any thing to the decision of a Parliament or wiser heads than his own Then in Chap. 3. Sect. 2. the D. D. tells of another Statute 31 Henry 8.3 and cites the words but most egregiously false there is not one such clause in 31 H. 8.3 But if there were as perhaps I will not deny something to that purpose in another Statute that Archbishops Bishops c. may wear the Tokens and Ensigns and Ceremonies of their Order and whilst they do nothing but what to their Office and Order does appertain no body will trouble themselves about them And more false also is what he would make 25 Henry 8.19 speak as though by that Statute the Convocation hath power reserved by the same Act of making new Canons provided the Convocation be called by the Kings Writ and have the Royal assent and License to make promulgate and execute such Canons If this be true I do not know but the Lambeth-Canons exploded and condemned by Act of Parliament and those of King James are all Statute-Law for the Convocation that made them were called by the Kings Writ and they were confirmed also by the Royal assent In a matter of this consequence let us turn to the Statute and trust our Archdeacon henceforward no further than our own knowledg That of 25. Henry 8.19 begins thus The Title The Clergy in their Convocation shall enact no Constitutions without the Kings assent And as the Title so the body of the Act Where the Kings humble and obedient subjects the Clergy of this Realm c. promise in verbo Sacerdoti that they will never presume to attempt premulge or execute any new Canons c. unless the Kings Royal Assent and License be to them had to make promulge and execute the same Now is this D. D. an honest man when the Statute only binds them to good behaviour namely not to presume without the Royal assent but does not enable them to make any new though they have the Royal Assent False also most impudently false is his next quotation of a Statute 37 Henry 8.16 But if he mean 37 Henry 8.17 still it is false either through Imprudence or unparellel'd Impudence for there is not one word to the matter in question but the whole Statute is only a License to Marry a License for civil Lawyers to Marry and that though they be Marryed yet that shall not make them uncapable of being Commissaries Chancellors or Vicar-generals or Officials but does not create or constitute any Ecclesiastical Jurisdiction or Courts to put them in Indeed the said 37 Henry 8.17 is a clear and evident explanation of the 25 Henry 8.18 that thereby the King and Parliament did look upon all Ecclesiastical Canons Ordinances and Constitutions formerly made to be null and void and repealed and of no effect by the said 25 Henry 8.18 saying that the Bishop of Rome and his adherents minding utterly as much as in him lay to abolish obscure and delete such power given by God to the Princes of the earth whereby they might gather and get to themselves the government and rule of the world have in their Councils and Synods Provincial made divers Ordinances and Constitutions And albeit the said Decrees Ordinances and Constitutions by a Statute made 25 Henry 8. be utterly abolished frustrate and 1. By this it is evident that as the King Pope and Bishops had all work enough to look to themselves and that King Henry and his Parliament and Bishops were still Popish so if the Spiritual Courts had any Jurisdiction yet they had none but by way of Parenthesis in the said Statute of Appeals 2. And that only in causes Testamentary Marriage or Divorce Tithes or Oblations 3. And to Judg of these and determine was impossible because they had no Canons Decrees nor Laws Ecclesiastical by which to Judg and determine of them 4. And therefore Mr. Archdeacon though by what has been said your Official might keep Spiritual Courts although he were Married so also he might keep Spiritual Courts although he did nothing but whistle there all the while or throw stones at all that came near him for Sentences and Decrees cannot be made but according to a Canon Law or Rule and Canons there were none in force at that time in the said Judgment of the House of Commons And therefore though you had never so much Authority and Commission for keeping your beloved Courts what 's that to the Naked Truth Have you any Commissions for Extortions in Probate of Wills for illegal Extortions of Money for Citations Licenses to Preach Institutions Inductions Sequestrations Synodals Procurations Money from Church-Wardens Commutations Visitations to confute which is the great import of the Naked Truth and you have not one word in your Leges Angliae to say for them or for your selves or to justifie by whose or by what Commission or by what Canons you act and proceed It is a most dangerous and fatal thing sure for a man to think as the Papists do think in these days whereas I thought a man might have believed that Jesus Christ is the Son of God and a thousand things more that the Papists believe and yet keep out of harms way But no our desperate D. D. has p. 22. got Mr. Hsckeringill upon the Hip again and gores him too with one of the unavoidable Horns of the sharpest of Arguments a Dilemma in these words namely I leave it to Mr. Hickeringill himself for if he think that that Convocation namely in Queen Marys Reign spake that which was not true he hath said nothing to the purpose so his business is done that way But if he think they did speak truth then he thinks that the Jurisdiction of the Church

the Name being the first Arch-bishop that wheedled himself into the estate of the deceased that died Intestate or that gave Letters of Administration in England and yet this deep-read Arch-Deacon makes the common Law depose and Justify their proceedings in Spiritual Courts Pretending that since the Poor Soul died without a Will and so Consequently had not taken care to Redeem his Soul out of Purgatory by giving the Priests his Goods Mony or Lands for so many Masses to that purpose therefore the Archbishop Piously took that care upon him yet he himself hapned to dye though not Intestate yet so suddenly for two judgments in Parliament against him namely the aforesaid and presently after for endeavouring to defraud the King of Three-hundred pounds of Money belonging to one Bonamy a banish't Jew and which he would have been fingering for himself knowing that the Money lay in the Priory of Bridlington within his Jurisdiction Broke his heart his Executors would not or durst not meddle with his Goods Executores enim sui se intromittere noluerunt Ibid ita quod non proprio sed potius alieno fiebant expensae funerum in ecclesia sua cum honore simplici repositus est non enim panis vel obolus pro anima ipsus dabatur unde justo dei Judicio contigit ut qui subditorum bona maxime ab Intestatis sitiret subita quasi morte praeventus nullum vel modicum ex Testamento suo proprio consecutus est Emolumentum That is saith Henry De Knighton His Executors would not meddle with the Execution of his Will so that his Funeral expences were defrayed out of other Men's rather than his own Estate he was buried in his own Church after a very homely manner for not a bit of bread was given to the poor nor one farthing to pray for his Soul by the just Judgment of God upon him that he that did so thirst after Intestates Estates especially dying in his province being prevented by a sudden death got none or very little benefit by his own last Will and Testament The second Instance shall be in Scotland for King Edward the first was King thereof at least by conquest King Edward the Conquerour of Scotland when the Bishop of Glasgow having a spight and a pique against a Minister of his Diocess Deprived him of his Living Tortiously and Arbitrarily whereupon King Edward the first by his Letters to his Lieuetenant or Guardian of Scotland restor'd him upon the Petition of John Comyn in these words Al Tres honorable prince e noble In Bundel Brevi●…n petic in Tur. Load An. 24. E. 1. e a son Trescher signur lige sire Edward par la grace Dieu noble Roy Dengleterre le ce ou si luy plest Johan Comyn Kaunk il set e poet de Honur e de Reverence Com a seon seignur lige Chire sire si vus plest io vus pri especialment ke vus deyngnet mander vostre Lettre au Gardeynde Escoce pur mettre mesh Robert Mounsycitien partur de ceste Lettre en la eglice de graunt Dalton de la quele sire Robert Evesk de Glascou c. 't is too tedious further to recite The last Instance is a Record of a Fine set upon the Bishop of Cork in Ireland for holding Plea in the Spiritual Courts of things belonging to the King's Crown and Dignity for which he was amerced 140. l. Claus 20. E. 1. m. 13. Hibern pro Roberto nuper Corcagensi Episc to be Levyed upon his Goods and Chattels in these words Cum venerabilis Pater Robertus Cortagiensis Episcopus huper coram venerabill patre S. Tuamensi Archi-Episcopo tunc Justis Regis Hiberniae amerciatus esset ad centum libras pro contemptu idem Episcopus Amerciatus esset postmodum coram eodem Justic ad quadraginta libras pro eo quod advocavit se tenuisse placita in Curia Christianitatis and Coronam Dignitatem Regis spectantia c. Teste Rege apud Westm primo die Decembris 20. R. R. E. 1. And 't is observable this great Fine was set by an Arch-Bishop of Tuam then the Kings Lord-Chief-Justice in Ireland For indeed in those dayes The Clergy were the greatest Lawyers and had the greatest places Bak. Chron p. 50. and yet they would not suffer any Clergy-Man to be subject to temporal Magistrates by a Canon made B. Steph. in a Synod held at London by Henry Bishop of winchester the Pope's Legate 'T is true King Henry the Second opposed this Canon and Thomas Becket Arch-Bishop of Canterbury that stood up for it and the Contest almost ruined them both But no King like King Henry the Eighth Bak. Chron. p. 95. and Edward the First for keeping the Crown safe from the usurpations of the Clergy this latter not suffering any Prelates to sit in the Parliament at Saltsbury Anno. 1274. and took their great Treasures hoorded up in Churches and Monasteries and put it in the Exchequer And though stout King Edward the Third strugled hard and a long time tug'd with John Stratford Arch-Bishop of Canterbury who threatned the King that he would exercise his Ecclesiastical Authority and proceed to Excommunication of his Officers though not of himself Queen or Children yet the great Offices of the Realm were executed by Clergy-Men in his Reign for at one time when Simon Langham was Arch Bishop of Canterbury he was also Lord Chancellor of England a Place that Becket resigned when he was made Arch-Bishop of Canterbury denying to be at the Helm of the Common Wealth and the Church both at once william Wickham Arch-Deacon of Linclon was Keeper of the Privy Seal David Willer Parson of Sommersham Master of the Rolls Ten Benesis't Ministers Civilians Masters of the Chancery William Mulse Dean of S. Martins Le Grand chief Chamberlain of the Exchequer Receiver and Keeper of the Kings Treasure and Jewels William Aksby Arch-Deacon of Northampton Chancellor of the Exchequer William Dighton Prebendary of St. Martins Clark of the Privy Seal Richard Chesterfield Prebend of St. Stephen's Treasurer of the Kings House Henry Smatch Parson of Oundel Master of the Kings Wardrobe John Newnham Parson of Fenny-Staunton one of the Chamberlains of the Exchequer John Rawsby Parson of Harwick Surveyor and Comptroller of the Kings Works Thomas Brittingham Parson of Asby Treasurer to the King for the part of Guifness and the Marches of Callice John Troys a Priest Treasurer of Ireland But certainly a Gospel-Minister may find work enough though he be a Bishop or Arch Bishop in the Works of his Ministry and most Honour I am not for Alterations and great Changes yet certainly the Face of our Church of England is not only comely but beautiful and well guarded by the Statutes of Uniformity and Confining all Places of Honour and profit in the Kingdom to the Son 's of the Church and to such only as can Conform to Her Liturgy and Administration of the Blessed Sacraments And