had to make promulge or execute the same And that his Majesty do give his most Royal assent and authority in that behalf And whereas diverse Constitutions Ordinances and Canons Provincial or Synodal which heretofore have been enacted and be thought not only to be much prejudicial to the Kings Prerogative Royal and repugnant to the Laws and Statutes of this Realm but also overmuch onerous to his Higness and his Subjects The said Clergy have most humbly besought his Highness that the said Constitutions and Canons may be committed to the Examination and Iudgement of his Highness and of thirty two persons of the Kings Subjects whereof sixteen to be of the upper and nether house of Parliament of the Temporality and the other sixtéen to be of the Clergy of this Realm and all of the said thirty two persons to be chosen and appointed by his Majesty c. And then Enacts viz. Be it therefore Enacted by the Authority of this present Parliament according to the said submission and petition of the said Clergy that they nor either of them from henceforth shall presume to attempt alledge claim or put in urd any Constitutions or Ordinances Provincial or Synodal or any other Canons nor shall enact promulge or execute any such Canons Constitutions or Ordinances Provincial by whatsoever name or names they may be called in their convocations in time coming which always shall be assembled by authority of the Kings Writ c. And the Penalty for doing other than this Act directs was imprisonment and Fine at the Kings will as by the Statute more at large appears So that by this Statute their whole power was now invested in the King and till new Canons were made or the old ones confirmed as the Statute directs the Clergy of England could in no sort act and from that time of the making of this Statute until this present I cannot find that ever any liberty was given or that any Canons were made or confirmed by Law other than what were judged unlawful in King Charles the First 's time and damn'd by Act of Parliament in 1640. Which you will hear more of by and by If it be thus then from 25 H. 8. I must date their downfal a most happy day to England from that time and it may be said all their Canons are now out of doors or at seast very lame and if so then let the Reader judge where is their Authority for their Courts for they must and do own that it was the Canon Law they acted by and if so then sure if they have no Canons to act by or at best but doubtful Canons then I conceive they can have no power except they can find it by the Statute Law which I would be glad to see In the next place another Law is made against them in 25 H. 8. which takes away all First-fruits to the Bishop of Rome 25 H. 8. c. 20. and ordains that Elections of all Bishops shall be by the Kings Writ under a severe pain In the same year an Act is made to take away Peter-pence and Dispensations Idem cap. 21. in which Statute it is expresly declared that this Land ought not to be subject or bound to any humane Laws but such as are of their own making within this Realm The King being declared head of the Church 26 H. 8. cap. 1. it is expresly there enacted viz. Shall have full power and authority from time to time to visit repress redress reform order correct restrain all such errors heresies abuses offences contempts and enormities whatsoever they be which by any manner of Spiritual Authority or Iurisdiction ought or may lawfully be reformed repressed ordered redressed corrected restrained or amended most to the pleasure of Almighty God c. This being the Case what colour can here be for any Spiritual or Ecclesiastical power to any person whatever but what must be derived from and under the King and by his Authority and Commission and in his name and not in their own nor in the Bishop of Rome But because the Reader may be more fully satisfied I have here inserted the Statute made 37 H. 8. cap. 17. 37. H. 8. c. 17. Entituled viz. A Bill that the Doctors of Civil Law being married may exercise Ecclesiastical Jurisdiction In most humble wise shew and declare unto your Highness your most faithful humble and obedient Subjects the Lords Spiritual and Temporal and the Commons of this present Parliament assembled That whereas your Royal Majestie is and hath always been justly by the word of God Supreme head in the Earth in the Church of England and hath full power and authority to correct punish and repress all manner of Heresies Errors Vires Sins Abuses Idolatries Hypocrisies and Superstitions sprung and growing within the same and to exercise all other manner of Iurisdictions commonly called Ecclesiastical Iurisdiction Nevertheless 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 gether and get to themselves the Government and rule of the world have in their Councils and Synods Provincial made ordained established and decréed diverse Ordinances and Constitutions that no Lay or married man should or might exercise or occupy any Iurisdiction Ecclesiastical nor should be any Iudge or Register in any Court commonly called Ecclestatical Court lest their false and usurped power which they pretend and went about to have in Christs Church should decay wax vile and be of no reputation as by the said Councils and Constitutions Provincial appeareth Which standing and remaining in their Effect not abolished by your Graces Laws did sound to appear to make greatly for the said usurped power of the said Bishop of Rome and to be directly replignant to your Majesty as supreme head of the Church and Prerogative Royal your Grate being a Lay man. And albeit the said Decrées Ordinances and Constitutions by a Statute made in the five and twentieth year of your most noble reign be utterly abolished frustrate and of none effect yet because the contrary thereunto is not used nor put in practice by the Arch-Bishops Bishops Arch-Deacons and other Ecclesiastical persons who have no manner of Iurisdiction Ecclesiastical but by under and from your Royal Majesty it addeth or at the least may give occasion to some evil disposed persons to think and little to regard the procéedings and censures Ecclesiastical made by your Highness and your Vicegerent Officials Commissaries Iudges and Visitators being also Lay and Married men to be of little or none effect or force whereby the people gathereth heart and presumption to do evil and not to have such reverence to your most Godly injunctions and procéedings as becometh them But forasmuch as your Majesty is the only and undoubted supreme head of the Church of England and also of Ireland to whom by Holy Scripture all authority and
with the style of the Ring as it is in Writs Original or Iudicial at the Common Law And that the Test thereof he in the name of the Arch-Bishop or Bishop or other having Ecclesiastical Iurisdiction who hath the Commission and grant of the Authority Ecclesiastical immediately from the Kings Highness and that his Commissary Official or Substitute exercising Iurisdiction under him shall put his name in the Citation or Process after the Test Further be it enacted by the Authority afore 〈◊〉 That all manner of person or persons who have the exercise of Ecclesiastical Iurisdiction shall have from the first day of July before expressed in their Seals of Office the Kings Highness Arms decently set with 〈◊〉 Characters 〈◊〉 the Arms for the knowledge of the Diocess and shall use no other Seal of Iurisdiction 〈◊〉 where his Majesties Arms be ingraven upon pain that if any person shall use Ecclesiastical Iurisdiction after the day before expressed in this Realm of England Wales or other his Dominions or Territories and not send or make out the Ciration of Process in the Kings name or use any Seal of Iurisdiction other thau before limited that every such Offender shall incur and run in the Kings Majesties displeasure and indignation and suffer Imprisonment at his Highness will and pleasure Provided that no more nor other Fées be taken or paid for the Seal and Writing of any Citations or other Process than was heretofore accustomed Provided also and be it Enacted by the Authority aforesaid That the Arch-Bishop of Canterbury for the time being shall use his own Seal and in his own name in all Faculties and Dispensations according to the Tenor of an Act thereof made And that the said Arch-Bishops and Bishops shall make admit order and reform their Chancellours Officials Commissaries Advocates Proctors and other their Officers Ministers and Substitutes and Commissions of Suffragan Bishops in their own names under their own Seals in such manner and form as they have heretofore used And shall certifie to the Court of Tenths their Certifitates under their own names and Seals as heretofore they have used and according to the Statute in that case made and provided And likewise shall make collations presentations gifts institutions and inductions of Benefices Letters of Order or Dismissories under their own Names and Seals as they have heretofore accustomed any thing in this Act contained to the contrary notwithstanding Provided always and be it Enactes by the Authority aforesaid that all Process hereafter to be made or awarded by any Ecclesiastical person or persons for the Tryal of any Plea or Pleas or matter depending or that horeafter shall depend in any of the Kings Courts of Records at the Common Law and limited by the Laws and Customs of this Realm to the Spiritual Courts to try the same that the Certificate of the same alter the Tryal thereof shall de made in the Kings name for the time being and with the style of the sanle King and under the Seal of the Bishop graved with the Kings Arms with the name of the Bishop or Spiritual â—â—â—cer being to the Test of the same Process and Certificate and to every of them This being then the Law that not only the power of Spiritual Courts and all manner of Jurisdiction must be derived from and under the King but also if they hold any it must be in the Kings name with his Arms in their Seals and all Process must have the Kings Title and not their own otherwise than to the Test of the Process as in judicial proceedings in other Courts If this be so as there is no man dare own the contrary then what colour have the Bishops in their Spiritual Courts at this day to hold them in their own names and to send out Process under their own Seals as if they were all paramount the King and even as big as the Pope himself for so runs their Process viz. I cite you to appear before me c. at such a place Now I would feign know what this I is whether it be I Pope or I Jesuite or I Turk that dare be thus bold with the Law and their Soveraign not only in eclipsing his Prerogative but indeed fetting themselves above him and the Law too surely should but a Fanatick dare to do but one half so much it would be both hell and damnation if not the Fanatick Plot so much talked of by these great Loyalists But I must now come to shew you what they pretend against this Law for had they no excuse at all they would not be legitimate Their pretence therefore is this that Queen Marr when she came to the Crown repealed all Laws that diminished the authority of the See of Rome among which they say this Act was one but how this will help them the Reader may judge if it were so which cannot be allowed For thus it is 1 2 P. M. Cap. 8. in the first and second of Philip and Mary an Act was made viz. An Act repealing all Articles and Provisions made against the See Apostolick of Rome since the 20th of K. H. 8. and for establishing all Spiritual and Ecclesiastical possessions and hereditaments conveyed to the Laity In this Statute there are diverse Acts repealed by name but this Act of Ed. 6. is not named but is supposed to be implyed because that was against the Jurisdiction of Rome but if that be a good repeal without naming the Statute it ought to be well considered However if it were so that will stand them in but small stead for in Queen Elizabeth's reign all this whole Statute of Repeal is repealed then if so those Acts are in force again And so this excuse for holding Courts in their own names and by the Authority of their Canons cannot help them but leaves them in the same condition as in Henry the Eighth and Edward the Sixth's time in which they had no power at all This plainly appears by the Statute of 1 Eliz. cap. 1. which restores to the Crown the Ancient Jurisdiction and abolishes all foreign power in Causes Ecclesiastical and repeals the Statute of Repeal made in the first and second of Philip and Mary Which is as follows An Act to restore to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual 1 Eliz. cap. 1. and abolishing all foreign power repugnant to the same Which begins thus Sect. 1 Most humbly beseech your most Excellent Majesty your faithful and Obedient Subjects The Lords Spiritual and Temporal and the Commons in this your present Parliament assembled That where in the time of the reign of your most dear Father of Worthy Memory King Henry the 8th divers good Laws and Statutes were made and Established as well for the utter extinguishment and puting away of all usurped and Foreign powers and Authorities out of this your Realm and other your Highness Dominions and Countries as also for the restoring and uniting to
aforesaid shall be thought most expedient necessary and upon due proof had and the Offence or Offences before specified or any of them sufficiently proved against any person or persons as by you or six of you by confession of the party or by lawful Witnesses or by any other due means before you or six of you whereof the said Mathew Parker Edmond Grindale Thomas Smith Walter Haddon Thomas Sack-ford Richard Godrick or Gilbert Gerrard to be one that then you or six of you as aforesaid shall have full power and Authority to award such Punishment to every Offender by fine Imprisonment or otherwise by all or any of the ways aforesaid and to take such order for the redress of the same as to your Wisdoms and Discretions or six of you whereof the said Mathew Parker Edmond Grindale Thomas Smith Walter Haddon Thomas Sack-ford Richard Godrick or Gilbert Gerrard to be one to call before you or six of you as aforesaid from time to time all and every Offender or Offenders and such as by you and six of you as aforesaid shall seem to be suspected persons in any of the premises and also All such Witnesses as you or six of you as aforesaid shall think fit to be called before you or six of you as aforesaid and them and every of them to examine upon their Corporal Oaths for the better Tryal and opening of the premisses or any part thereof And if you or six of you as aforesaid shall find any person or persons obstinate or disobedient either in their apparrel before you or six of you as aforesaid at your calling and Commandment or else not accomplishing or not obeying your Orders Decrees and Commandments in any thing touching the premisses or any part thereof that then you or six of you as aforesaid shall have full Power and Authority to commit the same person or persons so offending toward there to remain until he or they shall be by you or six of you as aforesaid enlarged and delivered And further we do give you and six of you whereof the said Mathew Parker Edmond Grindale Thomas Smith Walter Haddon Thomas Sack-ford Richard Godrick or Gilbert Gerrard to be one full Power and Authority by these presents to take and receive by your Discretions of every Offender or suspected person to be convented and brought before you a Recognizance or Recognizances Obligation or Obligations to our use in such sum or sums of Mony as to you or six of you as aforesaid shall seem Convenient as well for their personal appearance before you or six of you as aforesaid as also for the performance and accomplishment of your Orders and Decrees in case you or six of you as aforesaid shall see it so convenient And further our will and pleasure is that you shall appoint Our Trusty and well beloved John Skinner to be your Register of all your Acts Decrees and Preceedings by vertue of this Commission and in his default one other sufficient person and that you or six of you as aforesaid shall give such Allowance to the said Register for his pains and his Clerks to be levied of the fines and other profits that shall arise by force of this Commission and your devices in the premisses as to your Discretions shall be thought meet And further our will and pleasure is that you or six of you as aforesaid shall name and appoint one other sufficient person to gather up and receive all such sums of Mony as shall be assessed and Taxed by you or six of you as aforesaid for any fine or fines upon any person or persons for their Offenees And that you or six of you as aforesaid by Bill or Bills signed with your hands shall and may assign and appoint as well as to the said person for his pains in receiving the said sums As also to your Messengers and Attendants upon you for their trouble pains and charges to be sustained for us about the premises or any part thereof such sums of Mony for their rewards as by you or six of you as aforesaid shall be thought expedient willing and commanding you or six of you as aforesaid after the time of this our Commission expired to certifie unto our Courts of Exchequer as well the name of the said Receiver as also a Note of such fines as shall be set or taxed before you to the intent that upon the determination of Account of the said Receiver we shall be answered of that to us shall justly appertain Willing and Commanding also our Auditors and other Officers upon the sight of the said Bills signed with the hands of you or six of you as aforesaid to make unto the said Receiver due allowances according to the said Bills upon his account Wherefore we will and Command you our Commissioners with Dilligence to Execute the premisses with effect any of our Laws Statutes Proclamations or other grants priviledges or Ordinances which be or may seem to be contrary to the premises notwithstanding And more we will and command all and singular Justices of peace Majors Sheriffs Bayliffs Constables and other our Officers Ministers and faithful Subjects to be ayding helping and assisting you and at Commandment in the Due Execution hereof as they tender our pleasure and will Answer the contrary at their utmost perills And we will and grant these our Letters Patents shall be a sufficient Warrant and discharge for you and every of you against us our Heirs and Successors and all and every other person or persons whatsover they be of and for or concerning the premises or any parcel thereof of or for the Execution of this our Commission or any part thereof Witness the Queen at Westminster the Nineteenth day of July Anno Regni Regine Elizabethe Primo Per ipsam Reginam Thus by what hath been said you see both by Statute Law and President of the very Commission themselves which the Bishops Acted by it is clear they ought not to Act or Hold any Courts whatsoever in their own Names nor in the Kings without his Special Commission under the great Seal of England And altho' there was a Statute made in the First of Queen Mary Intituled An Act for Repeal of certain Statutes made in the time of King Edward the Sixth vid. 1 Jac. Cap. 25. yet by the First of King James Cap. 25. that Statute of Repeal is Repealed so that cannot stand our Spiritual Persons in no stead at all tho' my Lord Cook did insist upon it in his 2d Institutions But to proceed In the 8th Year of Queen Elizabeth you will find the very same thing asserted by the Act made 8 Eliz. Cap. 1 8 Eliz. Cap. 1. Intituled An Act declaring the making and Consecrating of the Archbishops and Bishops of this Realm to be good Lawful and Perfect In which Act Sect. 2. it is Declared thus VIZ. Sect. 2 First It is very well known to all degrees of this Realm that the late King of most famous
Highness her Heirs and Successors all manner of Iurisdictions Priviledges Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Iurisdiction within these her Realms of England or Ireland or any other her Highness 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 Iurisdiction 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 her Highness her Heirs or Successors after the said Letters Patents to him or them made and delivered as aforesaid should have full Power and Authority by Vertue of that Act and of the said Letters Patents under her Highness her Heirs or Successors to exercise use and Execute all the Premises accordidg to the Tenor and Effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding And whereas by culler of some VVords in the aforesaid Branch of the said Act whereby Commissioners are Authorized to Execute their Commission according to the Tennor and effect of the Kings Letters Patents grounded thereupon the said Commissioners have to the great and in-Sufferable VVrong and Oppression of the Kings Subjects used to Fine and Imprison them and to exercise other Authority not belonging to Ecclesiastical Iurisdiction restored by that Act and divers other great Mischiefs and Inconveniencies have also ensued to the Kings Subjects by reason of the said Branch and Commissions issued thereupon and the Executions thereof Therefore for the Repressing and Preventing of the aforesaid Abuses Mischiefs and inconveniencies in time to come Be it Enacted by the Kings Most Excellent Majesty and the Lords and Commons in this present Parliament Assembled and by 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 Edect any thing in the said Act to the contrary in any wise notwithstanding And be it also Enacted by the Authority aforesaid That no Arch-Bishop Bishop or Vicar-General nor any Chancellor Official or Commissary of any Arch-Bishop Bishop a Vicar General nor any Ordinary whatsoever nor any other Spiritual or Ecclesiastical Iudge Officer or Minister of Iustice nor any other Person or Persons whatsoever exercising Spiritual or Ecclesiastical Power Authority or Iurisdiction by any Grant Licence or Commission of the Kings Majesty his Heirs and Successors or by any Power or Authority derived from the King his Heirs or Successors or otherwise shall from and after the first Day of August which shall be in the Year of our Lord God One Thousand Six Hundred Forty and One award impose or inflict any pain penalty fine amerciament imprisonment or other Corporal Punishment upon any of the Kings Subjects for any Contempt Misdemeanour Crime Offence matter or thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or Iurisdiction or shall Ex Officio or at the Instance or Promotion of any Person whatsoever Vrge enforce tender give or Minister unto any Church-warden Sideman or other Person whatsoever any corporal Oath whereby he or she shall or may be Charged or Oblieged to make any presentment of any Crime or Offence or to confess or accuse himself or her self of any Crime Offence Delinquency or Misdemeanour or any neglect matter or thing whereby or by reason whereof he or she shall or may be siable or exposed to any censure pain penalty or Punishment whatsoever upon pain and penaity that every person who shall offend contrary to this Statute shall forfeit and pay treble Dammages to every Person thereby grieved and the Summ of One Hundred pounds to him or them who shall first Demand and Sue for the same VVhich said Treble Dammages and Summ of One Hundred Pounds shall and may be Demanded and Recovered by Action of Debt Bill or Plaint in any Court of Record wherein no Priviledge Essoin Protection or VVager of Law shall be admitted or allowed to the Defendant And be it further Enacted That every Person who shall be once Convicted of any Act or Offence Prohibited by this Statute shall for such Act or Offence be from and after such Conviction utterly dissabled to be or continue in any Office or Imployment in any Courts of Iustice whatsoever or to exercise or execute any Power Authority or Iurisdiction by force of any Commission or Letters Patents of the King his Heirs or Successors And be it further Enacted That from and after the first Day of August no New Court shall be Erected Ordained or Appointed within this Realm of England or Dominion of Wales which shall or may have the like Power Iurisdiction or Authority as the said High Commission Court now hath or pretendeth to have but that all and every such Letters Patents Commissions and grants made or to be made by his Majesty his Heirs or Successors And all Power and Authority granted or pretended or mentioned to be granted thereby and all Acts Sentences and Decrees to be made by Vertue or Culler thereof shall be utterly void and of no effect After the making of this Act all Jurisdiction of the Spiritual Courts was wholly dain'd as appears plainly by the Statute Thus it stood still 13 Car. 2d Now in this Act of Car Primi it must be observed that it meddles no farther with the Act of Eliz. then that one branch about Commissions it meddles not with the Ecclesiastical power being in the Crown nor with the Statute 8 Eliz. Nor any thing of Edward 6. or Henry 8. which must be observed Thus then their power was wholly discontinued till the thirteenth of Charles 2d And then coming into their Bishopricks and great Estates they thought it hard that they must have their Spiritual Swords tied therefore all hands to work to get loose and so an Act is passed the 13 Charles 2d For Repeal of part of the Act Car Primi And now they thought all was sure but as it fell out this will do them no good at all neither for the Act which was intended to Repeal this Act of the 16 of Charles the first hath misrecited it and called it an Act made the 17 of Charles the first not only in the Title but all along in the body of the Act which is plain upon the Roll though not in the Statute Books viz. An Act for Explanation of a Clause contained in an Act of Parliament made in the seventeenth year of the late King Charles Intituled an Act of Repeal of a Branch of a Statute Primo Elizabethe concerning Commissions for Causes Ecclesiastical viz. VVhereas in an Act of Parliament made in
Objections which I have met with in this Affair the First is this That the King permits it and if any wrong be done by the Spiritual Courts it is to him and what hath any private person to do to concern himself therein In that the King may pass it by 't is true but wrong may be done by these Courts to the Subject as well as to the King and there may be Damage to a single Person by these Courts by being Excommunicated which cannot be to the King and whoever suffers under that Burden hath cause enough to complain and seek their Remedy tho' the King think fit to forgive the wrong done to himself The other Objection is That the Course of the Ecclesiastical Courts hath been such time out of mind and no hurt comes to the Subject by their Courts whether it be done by Commission or not To which I Answer That I never yet heard of any Good ever did come from those Courts but many have been ruined and undone by them And in the next place for their Custome time out of mind there is no such thing if Custome should prevail against Law which it cannot be for the longest time they can bring for this Custome is but 1610 at the furthest time and there are some persons yet living can remember that time But I believe it will be hard for them to prove that they exercised Ecclesiastical Power by their own Authority in any time in the Reign of King James However if they do they cannot make it a Law for an evil Custom against Law never yet made a Law and for them to say Custome will carry it the Highway-Man may as well plead the same for Robbery and say Oh Sir I have been accustomed to Rob tho' there be a Law against it There is another Objection which carries as little weight as the rest and that is the Opinion of the Judges in the Star-Chamber which ought to have the Answer that before is given that it was an Extra-Judicial Opinion and given at such a time and by the same Judges that over-ruled the Plea of the Lord Hollis and Elliot which was many Years after reversed in Parliament Therefore to Sum up all the case lies thus before the 20 of H. the 8. The Spiritual Jurisdiction and all the proceedings in England by the Ecclesiastical Courts was by from and under the power and authority of the See of Rome and by there Cannon Law afterwards to the end of his Reign all that power was invested wholly in the King and no authority belonged to them in any matters whatever but what must be derived by from and under him King Edward the 6. of Famous memory did by his honest and wise Councel not only approve of what was dune in the Church affairs in H. the 8ths time but goes on furder and takes away the very form and mould of the Spiritual Courts by making a Law that those Courts should not so much as beheld in their one name but in the name of the King and all there Citations and Prosses whatever was to be in the Kings name as in Judicial proceeding at Law and the Bishops name of the Diosess to be at the bottom as test to the writ and not as Lord Paramount the Kings authority and by this Kings Law they were not to use any Seal to the Court but with the Kings Arms in Graven so it rested in his time Queen Mary she came in Popishly affected and by the help of Cardinal Poole Legate from Rome prevails with her for the good of her Soul and Honour to the unholy Church of Rome to pass an Act called an Act of repeal to take away all those Laws that abridged the Power and Supremacy of the See of Rome sence the 20 year of H. the 8. And as some will have it this Law of Edward the 6. must be meant to be one of those but what reason can be in Law given is not yet known for it is not perticularly Repealed as other Laws are in that Statute of Repeal and then in the next place being not so perticularly it is believed it could not be Repealed by that Act of Repeal because that in the very same Act it doth set fourth perticularly all other Acts intended to be repealed and not that Then Queen Elizabeth in her first year Repealed the Act of Repeal made in Queen Mary's days and restores all again as was in Henry the 8ths time and Edward the 6. And declared particularly that all manner of Ecclesiastical power must be from and under her and by her Authority and none else and more particularly to shew all the Church power was then lost without new power given by that Act a Clause is incerted in the said Act that She and her Successors shall give command under the great Seal of England to such commmissions as she pleased from time to time to hold Court Ecclesiastical and not otherwise To the same effect it is again declared by the Statute made the 8th of her Reign And it is most certain that by Vertue of the Clause in that Statute Primo Eliz. That gives power of granting Commissions to hold Spiritual Courts they did Act and without it neither Queen or King could grant such Commissions nor they hold any Courts without such Commissions Thus then it continued all the time of Q. Eliz. and by such Commissions they acted and no other Authority was known nor from her time can they shew other Authority to impower them but on the contrary they will find themselves lessened For in King Jame's time they acted by the same Authority and in full Parliament in 1610 it was owned of all hands In King Charles the first 's time the Spiritual Courts became a Burden to the Nation so great that the people were not able to bear them although they did Act by such Commissions or at least ought so to do which appears plain by the Statute 16 Car Primi which takes away all their whole power and as a reason or means to take away their power what do the Parliament do why it is most clear both by the Title and Body of the Act they tell you they must repeal that part of the Law of Q. Eliz. that gave power to grant Commissions for them to hold Spiritual Courts Therefore the taking away and Repealing that Branch of the Statute of Eliz. that gives power to grant Commissions it was taken for grant then that they had no power at all For no more of that Statute was Repealed is evident then what related to the Comissions they did not let them loose to Act as before it was so far from that that it appears they intended not to let them Act at all neither under the King in his Name nor any otherways whatever then in this of Car. 2d The Ecclesiastical persons meant to Repeal the Act of Primo Car. But mistook the year so in truth they did nothing at all but they may be liable to be called to account for all they have acted ever since nor can they Act with safety till this Law be mended for Acts of Parliament must be punctually repealed and exactly recited or else in Law it will not do But if that had been well Repealed it is far short of giving them any power for it is only to take away the Clause that was repealed about given Commissions to hold Courts but gives them no new power at all it doth not tell them notwithstanding the Laws of H. 8. Ed. 6. The rest of the Statutes of Elizabeth and the practice in King James time that they shall hold Courts in their own Names no it is so far from that that the Act saith expresly they shall have no other power by this Act or was it intended them then what they had in 1639 now if they can shew that they had any power given them between the year 1610 to the year 1639. Then I say they are right and may go on if not I appeal to all mankind what culler or pretence these men can have to hold Courts Spiritual at all much less by their own Prerogative or in their own Names which I take to be as unlawful and as directly against the Kings Prerogative as any thing can be For that since all power Spiritual and Temporal is by Law invested in the King they may as well hold Courts again under the Popes Authority and in his Name as in their own Names and it is a wonderful thing to consider that these Churchmen who cry down all for Phanaticks and tells the World at every turn they are Sedious and Disloyal that do not obey the Kings Laws and say as they say although sometimes they say and do they know not what themselves And yet what Phanatick is there this day in England does or ever did make so bold with the Kings Prerogative as these high Churchmen who in every of their Courts as they call them and every process they make say in effect as the great Cardinal Woolsey did when in his splender and glory in England Ego Rex meos But I considering we are here discoursing of Protestant Churchmen and knowing well their very Tongues are tipped with Loyalty We must not therefore venture to say more or meddle further then to beg their Charitable opinion once to a Discenter both from their Courts and Cannons FINIS
the Reverend Father in God Mathew Parker nominated Bishop of Canterbury and Edmond Grindale nominated Bishop of London And to our right Trusty and well beloved Councellor Francis Knowls our Vice-chamberlain and Ambrose Cave Knight And to our Trusty and well beloved Anthony Cooke and Thomas Smiths Knights William Bill our Almoner Walter Haddome and Thomas Sackford Masters of our Requests Rowland Hill and William Chester Knights Randoll Cholmely and John Southcote Serjeants at the Law William May Docter of Law Francis Cave Richard Goodrick and Gilbert Gerrard Esquires Robert Weston and _____ Hunck Doctors of Law Greeting Where as our Parliament holden at Westminster the Five and Twentieth Day of January and there continued and kept until the _____ Day of May then next following Amongst other things there was Two Acts and Statutes made and Established the one Intituled An Act for the Vniformity of the Common-Prayer and Service in the Church and Administration of the Sacraments And the other Intituled An Act Restoring to the Crown the Antient Jurisdiction of the State-Ecclesiastical and Spiritual and Abolishing all Forraign Power repugnant to the same As by the same several Acts more at large doth appear And whereas divers Seditious and Slanderous Persons do not cease dayly to invent and set forth false Rumours Tales and Seditious Slanders not only against us and the said good Laws and Statutes but also have set forth divers Seditious Books within this our Realm of England meaning thereby to move and procure Strife Division Dissention amongst our Loving and Obedient Subjects much to the Disquieting of us and our People Wherefore we earnestly minding to have the same Acts before mentioned to be duely put in Execution and such Persons as shall hereafter Offend in any thing contrary to the Tenor and Effect of the said several Statutes to be accordingly punished and haveing Especial Trust and Confidence in your Wisdoms and Discretion have Authorized Assigned and Appointed you to be our Commissioners And by these Presents do give our full Power and Authority to you or Six of you whereof you the said Matthew Parker Edmond Grendale Thomas Smith Walter Haddon Thomas Sack-ford Richard Godrick and Gilbert Gerrard to be one from time to time hereafter dureing our pleasure to Inquire as well by the Oaths of Twelve Good and Lawful Men as also by Witnesses and all other Lawful ways and means you can devise for all Offences Misdoers and Misdemeanors done and committed of them and hereafter to be committed or done contrary to the Tenor and Effect of the said several Acts and Statutes and either of them and also of all and singular Heretical Opinions Seditious Books Contempts Conspiracies false Rumours Tales Seditious-Misbehaviours Slanderous Words or Shewings published invented or set forth or hereafter to be published invented or set forth by any Person or Persons against us or contrary or against any of the Laws or Statutes of this our Realm or against the quiet Governance and rule of our People and Subjects in any County City Burrough or other place or places within this our Realm of England and of all and every the Coad jutors Councellors Comforters Procurers and Abbettors of any such Offender And further We do give Power and Authority to you or six of you Whereof the said Mathow Parker Edmond Grindale Thomas Smith Walter Haddon Thomas Sack-ford Richard Godrick or Gilbert Gerrard to be one from time to time hereafter during our pleasure as well to hear and determine all the premises as also to inquire hear and determine all and singular enormities disturbance and misbehaviors done and committed or hereafter to be done and committed in any Church or Chappel or against any Divine service or the Minister or Ministers of the same contrary to the Laws and Statutes of this Realm and also to enquire oft search out and to order correct and reform all such persons as hereafter shall or will obstinately absent themselves from Church and such Divine Service as by the Laws and Statutes of this Realm is appointed to be had and used And also we do give and grant full power and Authority to you or six of you whereof you the said Mathew Parker Edmond Grindale Thomas Smith Walter Haddon Thomas Sack-ford Richard Godrick or Gilbert Gerrard to be one from time to time and at all times during our pleasure to visit reform redress order correct and amend in all places within this our Realm of England all such Errors Heresies Schisms Abuses Offences Contempts and Enormities Spiritual and Ecclesiastical wheresoever which by any Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may be lawfully reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the encrease of Vertue and the Conservation of the Peace and Unity of this our Realm and according to the Authority and power limitted given and Appointed by any Laws or Statutes of this Realm And also that you and six of you whereof the said Mathew Parker Edmond Grindale Thomas Smith Walter Haddon Thomas Sack-ford Richard Godrick or Gilbert Gerrard to be one shall likewise have full power and Authority from time to time to enquire oft and search out all Mercilesimen quarrels Vagarant and suspected persons within our City of London and ten Miles Compass about the same City and of all assaults and affrays done and committed within the same City and the compass aforesaid And also we give full power and Authority unto you and six of you as before sumerly to hear and finally determine according to your discretions and by the Laws of this Realm all Causes and Complaints of all them which in respect of Religion or for lawfully Matrimony contracted and allowed by the same where injuriously deprived defrauded or spoiled of their Lands Goods Possessions Rights Dignities Livings Offices Spiritual or Temporal and them so deprived as before to restore unto their said livings and to put them into possession amoveing the Usurpers in convenient speed as it shall seem to your discretions good by your Letters Message or otherwise all frustratory appellations clearly rejected And further we do give Power and Authority unto you and six of you whereof you the said Mathew Parker Edmond Grindale Thomas Smith Walter Hadden Thomas Sack-ford Richard Godrick or Gilbert Gerrard to be one by vertue hereof full Power and Authority not only to hear and determine the same and all other Offences and matters before mentioned and rehearsed but also all other Notorious and manifest advoutry and Fornications and Ecclesiastical crimes and offences within this our Realm according to your Wisdoms Consciences and Discretions willing and commanding you or six of you whereof you the said Mathew Parker Edmond Grindale Thomas Smith Walter Haddon Thomas Sack-ford Richard Godrick or Gilbert Gerrard to be one from time to time hereafter to use and devise all such pollitick ways and means for the Tryal and Searching out of all the premises as by you or six of you as