Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	head_n	king_n	supreme_a	4,443	5	9.1068	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61544	A discourse concerning the illegality of the late ecclesiastical commission in answer to the vindication and defence of it : wherein the true notion of the legal supremacy is cleared, and an account is given of the nature, original, and mischief of the dispensing power.	Stillingfleet, Edward, 1635-1699.	1689 (1689)	Wing S5581; ESTC R24628	67,006	76

Particular Statute made for the Security of our Religion or for a Suspension of our Ecclesiastical Laws CHAP. IV. Of the Alterations made in the Supremacy by the Statutes of Henry the Eighth with an Answer to the Objections I Now come to the Alterations made in our Laws about the King's Supremacy in the Time of Henry the Eighth 24 Hen. 8. c. 12. An Act passed for taking away all Appeals to Rome which is founded on the King 's Natural and Independent Right of Governing and doing Justice to all his People and the Sufficiency of his own Clergy for Hearing and Determining such Matters as belonged to their Function and therefore all Causes are to be Heard Discussed Examined finally and definitively Adjudged and Determined within the King's Jurisdiction and Authority and not elswhere in the Courts Spiritual and Temporal But if the King be concerned then it is referred to the Upper-House of Convocation The Preamble of this Act against Appeals to Rome is considerable Whereas by divers Authentick Histories and Chronicles it is manifestly declared and expressed That this Realm of England is an Empire governed by one Supreme Head and King c. with plenary whole and entire Power Preheminence Authority Prerogative and Jurisdiction c. for final determination of Causes c. so that here is an Appeal to Ancient History in this Matter and we have still sufficient Evidence of it before the Popes Encroachments prevailed The Bishops and Barons told Anselm in William Rufus his time It was a thing unheard of and contrary to the Custom of his Realm for any one to go to Rome without the King 's Leave which is after explained by way of Appeal Anselm made but a shuffling Answer to this although he had sworn to observe the Customs of the Realm and he could not deny this to be one but he pretended It was against S. Peter 's Authority and therefore could not observe it for this were saith he to abjure S. Peter From whence I infer That the Custom of the Realm was then thought by Anselm to be inconsistent with the Pope's Authority For whatever they talk of S. Peter it is the Pope they mean. In the Reign of H. 1. the Pope complains grievously That the King would suffer no Appeals to be made to him and that due Reverence was not shewed to S. Peter in his Kingdom and that they ended Ecclesiastical Causes at Home even where Bishops were concerned and very learnedly quotes the De●retal Epistles against them Afterwards the Pope sent his Legate and the King denied him Entrance and the whole Parliament rejected it as contrary to the Ancient Custom and Liberty of England That Passage in the Laws of H. 1. c. 5. which seems to allow of Appeals is a mere Forgery the whole Chapter being a Rapsody taken out of the Canonists H. Huntingdon saith That Appeals were brought in in King Stephen 's time by Henry Bishop of Winchester his Brother being the Pope's Legate By the Constitutions of Clarendon c. 8. the Appeal lay from the Archbishop to the King which is well expressed by Robert of Gloucester And the K. amend solde the Ercbishops deed And be as in the Pope's sted and S. Thomas it withsteed And although H. 2. in his Purgation for the Death of the Archbishop did swear That he would hinder no Appeals to Rome in Ecclesiastical Causes and that he would quit the Ancient Customs of the Realm Yet Hoveden saith The Constitutions of Clarendon were renewed in the Parliament at Northampton and the Justices in Eyre were sworn to observe them and to make others observe them inviolably And for those who went out of the Kingdom in Case of Appeals the Justices were to enquire per consuetudinem Terrae according to the Ancient Custom and if they did not return and stand to the King's Court they were to be outlawed In the Time of R. 1. the Popes complained much of Geofry Archbishop of York for slighting Appeals made to Rome and imprisoning those that made them Celestine doth it twice and in the same Words And Innocent the Third in King John's Time renews the same Complaint of him That he shewed no regard to Appeals made to the Apostolick See. But when the Rights of the Crown were given up by King John to the Pope no Wonder if the Liberties of Appeals were granted by him But yet in the succeeding Reigns we have several Instances upon Record of Persons imprisoned by the King for making Appeals to Rome John of Ibstock in the Time of E. 1. The Abbot of Walden and a Prebendary of Banbury in the Reign of E. 2. The Parson of Leighe Harwoden and the Prior of Barnwel in the time of E. 3. So that this Right was still owned by our Princes when the Matter came into Contest and therefore the Act of H. 8. against Appeals was but a just Resuming of the Ancient Rights of the Crown 25 H. 8. c. 19. A Commission is appointed for reviewing the Canons And it is observable That because it could not be done in Parliament Time the King hath Power given him by Act of Parliament to nominate the thirty two Persons to act in this Matter in these Words Be it therefore enacted by the Authority aforesaid That the King's Highness shall have Power and Authority to nominate and assign at his Pleasure the said thirty two Persons of his Subjects whereof sixteen to be of the Clergy and sixteen to be of the Temporality of the Upper and Nether House of Parliament And because the last Resort was to the Arch-Bishop in the former Act of Appeals therefore to prevent any Inconveniences thereby a new Power is granted by this Act i. e. Upon an Appeal to the King in Chancery a Commission is to be directed to such Persons as the King shall appoint who are to hear and determine such Appeals and the Causes concerning the same 25 H. 8. c. 21. After the Submission of the Clergy and the King being owned Supreme Head yet the Power of dispensing with the Canons in particular Cases did not pass by Commission from the King but by Act of Parliament The Words are It standeth therefore with natural Equity and good Reason that all and every such Laws human made without this Realm or induced into this Realm by the said Sufferance Consents and Custom Your Royal Majesty your Lords Spiritual and Temporal and Commons representing the whole State of your Realm in this your High Court of Parliament have full Power and Authority not only to dispense but also to Authorize some elect Person or Persons to dispense c. So that the Power of granting Faculties at a time when the Prerogative was highest was not executed by Commission from the King by vertue of his Supremacy and Prerogative Royal but was granted to the Arch-Bishop of Canterbury in the manner expressed in that Act. A late Author has stretched this Statute to a Power of dispensing in other

and governing this Church and Kingdom by our own Laws Which is well expressed in the Preamble to the Act against Appeals viz. That this Realm of England is an Empire governed by one Supreme Head and King having the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body Politick compact of all Sorts and Degrees of People divided in Terms and by Names of Spiritualty and Temporalty been bounden and ought to bear next to God a Natural and Humble Obedience By virtue of this Act Cromwel was made Vicegerent and Vicar General for both are in the same Commission and the King gave to him omnem omnimodam Jurisdictionem Authoritatem sive Potestatem Ecclesiasticam quae nobis tanquam supremo Capiti hujusmodi competit c. which are the Words of his Commission It 's true That the Power of granting a Commission to exercise this Power is not expressed in the Act of Parliament but it being vested in the King by the Act he might appoint One or more Commissioners to do it in his name but the Case is very different where that very Power of Delegation is taken away by Act of Parliament for that is the present Case To make this clear we must consider the Words of this Act and compare them with 1 Eliz. 1. the 17 Car. 1. 12. and the present Commission The Words 26 H. 8. 1. are the same in effect with those 1 Eliz. 1. But with this observable Difference That whereas the Statute of H. 8. gives the King his Heirs and Successors full Power and Authority from Time to Time to Visit c. That of 1 Eliz. 1. unites the Jurisdiction to the Imperial Crown of this Realm but then it doth not proceed as the other did To give full Power and Authority to her her Heirs and Successors to visit c. but the Words are And that your Highness your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by this Act by Letters Patents under the Great Seal of England to Assign Name and Authorise when and as often as your Highness your Heirs and Successors shall think meet to Exercise Use Occupy and Execute under your Highness your Heirs and Successors all manner of Jurisdictions Priviledges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction c. so that the Administration of this Extraordinary Jurisdiction is by this Act limited to such who are nominated and appointed by the Letters Patents The Fountain of all Jurisdiction is acknowledged to be in the Imperial Crown of this Realm but the Administration is twofold Ordinary in the Archbishops Bishops and Ecclesiastical Courts and to secure their Dependance on the Crown the Oath of Supremacy is required by this Act to be taken by every Archbishop Bishop and all Ecclesiastical Persons and Officers But besides this it was then thought fit That there should be an Extraordinary Administration of it which is limited by this Act to such as should be nominated and appointed in Letters Patents c. and no other Reason can be given of the Change from what it was in the Time of Henry the Eighth for it is not now placed absolutely as then in the Queen her Heirs and Successors but the Jurisdiction is annexed to the Crown and the Extraordinary Administration to be by Commission under the Broad Seal Now since this Power of nominating Commissioners for Extraordinary Jurisdictions is taken away by Act of Parliament the only Question is Whether notwithstanding the Right of Jurisdiction being still in the Crown a new Commission may not be granted for Extraordinary Jurisdiction There had been no Question in this Case if the Administration of Extraordinary Jurisdiction had not been setled 1 Eliz. 1. to be by Commission and that very Power of granting such a Commission had not been taken away by Act of Parliament But as the Matter now stands the only Pretence left for it is That the same Act which confirms the Repeal hath a Salvo for the King's Supremay in these Words Provided always That this Act shall not extend or be construed to extend to abridg or diminish the King's Supremacy in Ecclesiastical Matters or Affairs If these Words be taken strictly with Respect to the same Matter they make the Act inconsistent with it self For then the meaning would be The King's Supremacy shall not extend to the setting up such a Court always provided that his Supremacy notwithstanding this Act may extend to the setting up such another Court. Is it consistent with the Wisdom of a Parliament to make such delusory Acts Therefore we must understand the King's Supremacy in other Matters And there was this Reason for it All the Acts of Parliament touching the Supremacy in Henry the Eighth's Time were repealed by Queen Mary and the Restoring the Supremacy to the Crown was by the same Act which set up the High Commission and therefore when part of that Act was Repealed and that Repeal confirmed it was fitting to add a Clause That there was no intention to abridg or diminish the Supremacy setled by Law especially since by that Act the Ordinary Jurisdiction of the Bishops in their Courts was revived And it is very well known what Clamors had been made As though the Bishops Courts being held in their own Names were inconsistent with the King's Supremacy and although the Judges had declared July the first 1637. That there was no necessity that Processes Ecclesiastical should be in the King's Name and the King August the eighteenth in 13 Car. 1. published a Proclamation to that purpose Yet all this did not satisfie some but the Bishops were still thought by them in their Ordinary Jurisdiction to usurp upon the King's Supremacy and to abridg and diminish it therefore when this Act passed to revive their Jurisdiction it was no more than reasonable to add such a Clause to prevent Misconstruction viz. That this Act nor any thing in it be construed to extend to abridg or diminish the King's Supremacy in Ecclesiastical Matters as the Ordinary Jurisdiction of the Bishops had been thought to do And the Vindicator of the Ecclesiastical Commission could not forbear a Marginal Note to that purpose The Court held by his Majesties Ecclesiastical Commissioners is more legal than the Bishops Courts This is in the Kings Name theirs in their own Name only As though the new setting up a Court forbidden by Law did not make it illegal in whose Name soever it were and as though Courts expresly owned and allowed by Law were illegal meerly because the Forms of their Proceedings do not run in the Kings Name But I desire him to take an Answer from his own Oracle the L. Ch. J. Coke Now albeit the Proceedings and Process in the Ecclesiastical Courts be in the Name of the Bishops c. it followeth not therefore that either the Court is not the Kings or the Law whereby they proceed