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A26144 The power, jurisdiction and priviledge of Parliament and the antiquity of the House of Commons asserted occasion'd by an information in the Kings Bench by the attorney general against the Speaker of the House of Commons : as also A discourse concerning the ecclesiastical jurisdiction in the realm of England, occasion'd by the late commission in ecclesiastical causes / by Sir Robert Atkins, Knight ... Atkyns, Robert, Sir, 1621-1709. 1689 (1689) Wing A4141; ESTC R16410 69,431 78

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the jurisdiction of the Court. Et dicit quod si quis eorum speaking of the Lords of Parliament deliquerit erga Dominum Regem in Parliamento aliquo in parliamento debet corrigi emendari non alibi in minori curia quam in Parliamento Vnde non intendit quod Dominus Rex velit in curia hic de bujusmodi transgressione contemptu factis in Parliamento responderi Note the Plea as to the offence is very general not only restrain'd to the offence of absenting from the Parliament but to any trespass or offence in Parliament Si quis deliquerit And it would be a little improper to call absence from Parliament offence committed in Parliament for it looks like the quite contrary But in a just sence any offence committed by a Member relating to the Parliament though done out of the House is termed an Offence in Parliament So Printing any thing by Order of Parliament though it be done and executed in another place yet it may be said to be done by the Parliament and in Parliament if it be by their Order and in time of Parliament We may note further that this is a prosecution only against one particular Person for a particular Offence and Contempt charg'd upon him But in our Case the prosecution is against the very Speaker of the Parliament and is in effect a prosecution against the Parliament for it is against him for what he did by command and order of Parliament and sitting the Parliament And though the Attorney-General reply'd to the Bishops Plea that the King might sue in what Court he would yet the Bishop rejoins upon him and maintains his former Plea and there it rests so that as Sir E. C. observes that the Bishops Plea did stand and was never over-rul'd agreeable to the resolutions of former times So this I. may claim as an authority on our side And though Mr. Plowden the Lawyer to the like Information put in against him and others 1 and 2 Philip and Mary pleaded that he remain'd continually from the beginning to the end of the Parliament and travers'd the absence whereby he passes by the advantage of the Plea to the jurisdiction yet this is no Authority against us for he might think fit Renunciare juri pro se introducto having so true an occasions of clearing himself from that scandalous imputation of being absent from doing his duty in Parliament which certainly is a very high breach of Trust and he might be impatient of lying under it and therefore thought it best to traverse it to clear his Reputation in that point yet I must confess I should never have advis'd it nor was there any further prosecution against him I will mention but one most excellent Record more and it is a Record out of the Parliament Rolls 27 E. 3. Num. 9. Sir Cotton's Abridgem and with that I will Conclude I take it to be very pertinent and I am sure it is very seasonable Among the Petitions of the Commons One is They pray the King that he will require the Archbishop and all other of the Clergy to Pray for the Peace and good Government of the Land. And for the King 's good will towards the Commons The King's Answer is The same prayseth the King. And I wish with all my heart it were the Common-Prayer I have but one Prayer more to make and that is That this Court will allow the Defendant's Plea. A DISCOURSE Concerning the Ecclesiastical Jurisdiction IN THE Realm of England Occasioned by the Late COMMISSION IN Ecclesiastical Causes By Sir Robert Atkyns Kt. of the Honourable Order of the Bath and late One of the Judges of the Court of Common-Pleas LONDON Printed for Tim. Goodwin at the Maiden-Head against St. Dunstans Church in Fleet-street MDCLXXXIX A DISCOURSE Concerning the Ecclesiastical Jurisdiction IN THE Realm of England Occasioned by the Late COMMISSION IN Ecclesiastical Causes THE Preamble acknowledges That the King justly and rightfully is and ought to be Supream Head of the Church of England and is so recognised by the Clergy in their Convocations And it is Enacted That the King and his Successors shall be taken c. the only Supream Head in Earth of the Church of England And shall have and enjoy annexed to the Imperial Crown all Jurisdiction c. Authorities c. to the said Dignity of Supream Head of the same Church belonging And that the King and his Heirs and Successors Kings of this Realm shall have full Power and Authority from time to time to visit repress redress reform order correct restrain and amend all such Errors Heresies Abuses Offences Contempts and Enormities whatsoever they be which by any manner of Spiritual Authority or Jurisdiction ought or may lawfully be reformed repressed ordered redressed c. Any Usage Custom foreign Laws foreign Authority Prescription or any thing to the contrary notwithstanding Note This Act doth not make the King to be the Supream Head of the Church of England but acknowledges that he ever hath been so as it is recited by the Statute made in the same Parliament of 26 H. 8. c. 3. the Act for the First-Fruits See the Preamble towards the latter Part being the first Paragraph See also the Oath prescribed by the Statute of 35 H. 8. cap. 1. for the Succession Paragraph the 11th in Mr. Keeble's Edition of the Statutes at large very full to this purpose to shew that the Act of 26 H. 8. cap. 1. gave the King no new Title but only acknowledged that he ever had a Right to it and that the Bishop of Rome had but usurped it And as the Act of 26 H. 8. cap. 1. gave the King no new Title so it gave him no new nor further Authority in Spiritual and Ecclesiastical things nor over Spiritual and Ecclesiastical Persons than what he had before Therefore it is to be enquir'd what jurisdiction or Authority the King had before the making of that Act and how the Ecclesiastical Jurisdiction was of right and duly before exercis'd and administred viz. in what Courts by what Rules Laws or Canons and by what Persons It is clear in Law that the King himself merely in his own Royal Person could never take to himself the Hearing of any Cause Ecclesiastical or Temporal and adjudg and determine the Cause himself For by the Law and Constitution of the Realm the King hath committed all his Power Judicial to divers Courts some in one Court some in another as is held in Sir Ed. Cokes 2d Institutes fol. 186. at the lower end of that folio and in the middle of fol. 187. All Matters of Judicature and Proceedings in Law are distributed to the Courts of Justice and the King doth judg by his Justices See the Reports that pass by the Name of Sir Ed. Cokes 12th Reports fol. 63. the Case of Prohibitions Which is true as to Ecclesiastical Causes as well as Temporal for every Man knows that there