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A47305 Of Christian communion to be kept on in the unity of Christs church and among the professors of truth and holiness : and of the obligations, both of faithful pastors to administer orthodox and holy offices, and of faithful people to communicate in the same : fitted for persecuted or divided or corrupt states of churches when they are either born down by secular persecutions or broken with schisms or defiled with sinful offices and ministrations. Kettlewell, John, 1653-1695. 1693 (1693) Wing K377; ESTC R27454 232,235 232

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Review from Rome or at Rome for all Matters Ecclesiastical and Temporal Ecclesiastical by his Bishops Temporal by his Judges says Bishop Bramhall So that the Legal Supremacy of our Kings in spiritual Matters lyes in their power of doing them all without any Interposition of Forreign Bishops who are none of their Subjects by their own Bishops and Clergy whom they can command and compel to do their duties therein as their civil Soveraigns And this way the civil Soveraignty doth not drown or swallow up the spiritual powers of Ecclesiasticks but supposes them all the while peculiarly and immediately vested therewith But only retains its own secular power over their Persons as well as others whereby it can oblige them to a due discharge of their sacred powers according to the Rules of their spiritual Functions as occasion requires It lyes moreover 2. Secondly In the Subordination of Ecclesiastical Courts and Causes wherein Ecclesiasticks are content to act subordinately on the score of their secular mixtures and jurisdictions as in Beneficiary Matters Censures and other things of that Cognizance To give more leisure and encouragement to the Ministers of Religion in attending their spiritual Administrations the civil State has endowed their spiritual Cures with temporal Benefices or Preferments And to beget a greater Regard and a more general and aweful Observance of Ecclesiastical Determinations the civil power as I before observed is annexed and mingled with the spiritual in these Causes and a Concurrence is therein made of Temporal and Ecclesiastical Jurisdictions The Matters cognizable there are not only mere spiritual but some of them of a temporal Nature Such are all Causes Testamentary or about Wills the Causes of Matrimony and Divorces and those about Right of Tythes Oblations and Obventions the Knowledge whereof by the goodness of Princes of this Realm says the Statute for Restraint of Appeals and by the Laws and Customs of the same appertaineth to the spiritual Jurisdiction of this Realm And the Canons and Rubricks which are to rule all Proceedings are not only the Prescriptions of Bishops and Priests but Royal and civil Injunctions Like as also the Antient Canons were by the piety of the Primitive Emperors We decree that the holy Ecclesiastical Canons either those passed in the four General Councils or those confirmed by them be in place of Laws says the Emperor Justinian Our own Laws will have the Divine Canons not to be of less force or effect than Laws and what the sacred Canons forbid that also do our Laws coerce and abolish says the Code And as it was in the case of those Antient Canons under those Emperors so in case of ours too under our Kings the Judgments and Sentences upon them rest not in mere spiritual but draw on temporal Effects and Incapacites which effect the Sufferers in their Persons and Estates as well as in their spiritual Concerns As subjecting them to a Writ of Imprisonment rendring them uncapable to commence or carry on a Suit at Law or the like Now for the favour of this State-Concurrence in all these Causes that under the Union of two such different Powers there may be no clashing the Church submits to act in subordination and the King in all these Causes and mixt Jurisdictions is supreme That is no Synod of Ecclesiasticks is to meet for making Canons or Constitutions but when by his Writ he convenes them Nor are any Agreements of theirs when assembled to be publish'd as Canons or Ordinances till he approves or ratifies them Nor any of those introduced formerly to be executed and put in use further than they consist with the Kings prerogative Royal and with the Laws Customs and Statutes of the Realm All which are provided for in the Statute of Submission And when Canons are thus made by his Ratification it submits also that in certain Cases which are declared by other Acts they may be relaxed by his Royal Dispensation and that as in making Canons so also in granting Dispensations from them he shall be supreme That no Persons shall be elected Bishops of beneficed and temporally endowed Churches but who have the Kings Letters missive as is provided in another Statute or who are of his Nomination That when Ecclesiasticks sit to judge in their Courts by those Laws all their Proceedings in that Judicature shall be subject to the Kings Prohibition to stop their further hearing of a Cause which by Allowance or Custom is of another Cognizance or to his Commission of Review upon Appeals made to him after they have given sentence So that in these Courts there is a subjection and subordination to the King both as to the Laws they proceed by which are the Kings Laws as not passing or being introduced without his Approbation or Sufferance and as to the Judgments there passed according to them And because of this subordination of the Bishops and Clergy in their pure spiritual Jurisdictions for the Civil Soveraigns addition of such Temporal or State Concurrence the King is declared supream in all these Causes Thus much is declared in the Passages already mention'd from the Statutes settling the Kings supremacy And thus 't is said in another Statute of the Review of the Institution of a Christian Man that King Henry 8th set it forth as supream Head of the Church of England because he call'd the Convocation together to frame and publish ●● by his Consent And thus in his Declaration prefix'd to the 39 Articles of Religion King Charles the First sets forth his supremacy over the Church by this subordination of the Church-men and because in making any Canons or Constitutions they must have his License for their Assembling and their Orders and Agreements confirmed by his Approbation and executed all with subordination to the Laws and Customs of the Land for preservation whereof they are subject to the Temporal Prohibition And in respect of both these parts of civil power viz Both in having this civil command of spiritual persons and this civil power over spiritual causes by reason of such secular mixtures it lyes moreover in having the same 3. Thirdly in opposition and bar of all other earthly dependance especially of all Foreign jurisdiction and appeals He is the one Supream Head of all both Spiritual and Temporal next under God saith the Statute for Restraint of Appeals And the claim of Supremacy in the Queens injunctions is so as no other Foreign Power shall or ought to have any Superiority over them And the Thirty Seventh Article of Religion the first of King James the Firsts Canons and especially the Oath of Supremacy doth most fully disclaim and exclude all Foreign jurisdiction herein And the extending of the Kings Power of Judicature over all Persons Ecclesiasticks as well as others thereby is for excluding all Foreign Powers from being Judges in our Kings Dominions as we heard from King James's Apology for the Oath of Allegiance The Foreign jurisdiction and