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
        
      
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         A61544
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         41236
         
           
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             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.
          
           [5], 65 p.
           
             Printed for Henry Mortlock,
             London :
             1689.
          
           
             Reproduction of original in the Huntington Library.
          
        
      
    
     
       
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         eng
      
       
         
           England and Wales. -- Ecclesiastical Commission (1686)
           Great Britain -- Church history -- 17th century.
        
      
    
     
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           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
           .
        
         
           LONDON
           ,
           Printed
           for
           
             Henny
             Mortlock
          
           ,
           at
           the
           Phoenix
           in
           St.
           
           Paul's
           Church-Yard
           ,
           and
           at
           the
           
             White
             Hart
          
           in
           Westminster-Hall
           ,
           M
           D
           C
           LXXXIX
           .
        
      
       
         
         
         
           AN
           Advertisement
           .
        
         
           THIS
           Discourse
           concerning
           the
           Illegality
           of
           the
           Late
           
             Ecclesiastical
             Commission
          
           ,
           was
           written
           when
           the
           Author
           of
           it
           was
           summoned
           to
           appear
           before
           it
           ;
           and
           was
           in
           continual
           Expectation
           of
           undergoing
           its
           Censure
           ,
           for
           not
           Complying
           with
           the
           Orders
           of
           it
           .
           This
           put
           him
           upon
           an
           Enquiry
           into
           the
           Grounds
           on
           which
           it
           stood
           .
        
         
           From
           whence
           he
           proceeded
           to
           search
           into
           the
           True
           Notion
           of
           the
           
             Legal
             Supremacy
          
           ;
           and
           finding
           it
           very
           imperfectly
           set
           down
           in
           the
           famous
           
             Fifth
             Report
             ,
             De
             Jure
             Regis
             Ecclesiastico
             ,
          
           he
           took
           the
           Pains
           to
           Examin
           it
           through
           every
           Reign
           ,
           there
           mentioned
           ;
           and
           upon
           the
           whole
           Matter
           he
           finds
           him
           and
           his
           Adversary
           
             F.
             P.
          
           equally
           mistaken
           .
           But
           in
           the
           Management
           of
           it
           he
           hath
           rather
           endeavoured
           to
           give
           Light
           to
           the
           Thing
           ,
           than
           to
           discover
           any
           Mans
           Errors
           .
           And
           it
           is
           hardly
           possible
           to
           settle
           the
           
           Notion
           of
           it
           aright
           ,
           without
           considering
           the
           Practice
           of
           other
           Countries
           ,
           as
           well
           as
           our
           own
           :
           Of
           both
           which
           the
           Reader
           will
           find
           a
           short
           but
           impartial
           Account
           ;
           which
           I
           believe
           the
           Author
           could
           more
           easily
           have
           inlarged
           ,
           than
           have
           brought
           it
           into
           so
           narrow
           a
           Compass
           .
        
         
           By
           this
           ,
           I
           hope
           ,
           the
           World
           will
           see
           ,
           That
           it
           was
           not
           Humor
           or
           Faction
           ,
           but
           a
           real
           and
           well-grounded
           Dissatisfaction
           ,
           which
           made
           those
           of
           the
           Church
           of
           England
           oppose
           the
           Proceedings
           of
           that
           Time
           ;
           and
           that
           such
           have
           as
           great
           and
           real
           a
           Zeal
           for
           the
           Ancient
           and
           
             Legal
             Constitution
          
           of
           our
           Government
           ,
           as
           those
           who
           make
           a
           greater
           Noise
           and
           Clamor
           about
           it
           ;
           and
           that
           ,
           not
           upon
           any
           new
           Notions
           or
           Phrases
           ,
           but
           upon
           the
           very
           same
           Grounds
           which
           our
           Ancestors
           made
           use
           of
           ;
           and
           carry
           in
           them
           the
           true
           Basis
           of
           our
           English
           Government
           .
           It
           is
           possible
           some
           worthy
           Men
           may
           have
           carried
           some
           Notions
           beyond
           our
           
             Legal
             Constitution
          
           ;
           but
           the
           more
           they
           search
           into
           it
           ,
           the
           better
           Opinion
           they
           will
           have
           of
           it
           .
           Which
           ,
           I
           think
           ,
           is
           so
           well
           setled
           ,
           that
           every
           Deviation
           from
           it
           tends
           to
           our
           Ruin.
           
        
         
           As
           to
           the
           
             Dispensing
             Power
          
           ,
           the
           Author
           hath
           inlarged
           that
           Part
           ,
           since
           some
           late
           Discourses
           have
           been
           published
           ,
           both
           for
           and
           against
           it
           .
           He
           hath
           neglected
           nothing
           which
           hath
           been
           most
           plausibly
           pleaded
           for
           it
           ;
           but
           hath
           given
           a
           full
           Answer
           to
           the
           most
           material
           Instances
           which
           have
           been
           insisted
           on
           ,
           in
           behalf
           of
           it
           .
           And
           after
           all
           ,
           
           I
           cannot
           but
           conclude
           ,
           That
           the
           
             Dispensing
             Power
          
           is
           a
           kind
           of
           
             Mental
             Reservation
          
           ,
           which
           quite
           alters
           the
           Meaning
           and
           Design
           of
           a
           Law.
           
        
         
           When
           the
           Late
           
             Ecclesiastical
             Commission
          
           was
           superseded
           (
           if
           not
           dissolved
           )
           the
           Author
           laid
           by
           these
           Papers
           as
           Useless
           ;
           but
           having
           communicated
           them
           to
           one
           Particular
           Friend
           ,
           (
           whose
           Judgment
           and
           Authority
           he
           had
           a
           great
           Regard
           to
           )
           he
           hath
           been
           prevailed
           with
           by
           him
           ,
           to
           make
           them
           Publick
           at
           this
           Time
           :
           It
           being
           still
           necessary
           to
           shew
           ,
           with
           what
           Justice
           and
           Reason
           ,
           we
           refused
           to
           own
           the
           Jurisdiction
           of
           it
           .
           And
           it
           seems
           to
           me
           as
           hard
           to
           reconcile
           it
           to
           our
           Laws
           ,
           as
           Liberty
           of
           Conscience
           to
           the
           Principles
           of
           Popery
           ,
           or
           the
           Worship
           of
           Images
           to
           the
           
             Second
             Commandment
          
           .
        
      
       
         
         
         
           THE
           CONTENTS
           .
        
         
           
             CHAP.
             I.
          
           THE
           State
           of
           the
           Question
           concerning
           the
           Court
           of
           the
           late
           
             Ecclesiastical
             Commission
             .
             Pag.
             1
          
        
         
           
             CHAP.
             II.
          
           The
           King's
           Supremacy
           by
           Common-Law
           enquired
           into
           ;
           
           Coke's
           fifth
           Report
           ,
           
             de
             Jure
             Regis
             Ecclesiastico
          
           ,
           examined
           .
           
             p.
             8
          
        
         
           
             CHAP.
             III.
          
           Whether
           the
           King's
           Supremacy
           by
           Law
           extends
           to
           the
           Dispensing
           with
           Laws
           :
           Of
           the
           Nature
           and
           Original
           of
           that
           Power
           ;
           The
           Inconsistency
           of
           such
           a
           
             Dispensing
             Power
          
           with
           the
           Frame
           of
           our
           Government
           .
           
             p.
             25
          
        
         
           
             CHAP.
             IV.
          
           Of
           the
           Alterations
           made
           in
           the
           Supremacy
           ,
           by
           the
           Statutes
           of
           Henry
           the
           Eighth
           ;
           with
           an
           Answer
           to
           the
           Objections
           .
           
             p.
             49
          
        
      
    
     
       
         
         
         
           THE
           LEGALITY
           OF
           THE
           COURT
           OF
           
             Ecclesiastical
             Commission
          
           Stated
           and
           Argued
           ;
           In
           ANSWER
           to
           the
           VINDICATION
           and
           DEFENCE
           of
           it
           .
        
         
           
             
               CHAP.
               I.
            
             The
             State
             of
             the
             Question
             concerning
             the
             Court
             of
             the
             late
             
               Ecclesiastical
               Commission
            
             .
          
           
             The
             Case
             stands
             thus
             ;
          
           
             
               BY
               the
            
             Act
             
               of
               1
            
             Eliz.
             
               1.
               it
               was
            
             established
             and
             enacted
             ,
             That
             such
             Jurisdictions
             ,
             Priviledges
             ,
             Superiorities
             and
             Preheminencies
             Spiritual
             and
             Ecclesiastical
             ,
             as
             by
             any
             Spiritual
             or
             Ecclesiastical
             Power
             or
             Authority
             ,
             have
             heretofore
             been
             or
             may
             lawfully
             be
             exercised
             or
             used
             for
             the
             Visitation
             of
             the
             Ecclesiastical
             State
             and
             Persons
             ,
             and
             for
             Reformation
             ,
             Order
             and
             Correction
             of
             the
             same
             ,
             and
             of
             all
             manner
             of
             Errors
             ,
             Heresies
             ,
             Schisms
             ,
             Abuses
             ,
             Offences
             ,
             Contempts
             and
             Enormities
             ,
             shall
             for
             ever
             by
             this
             present
             Parliament
             be
             united
             and
             annexed
             to
             the
             Imperial
             Crown
             of
             this
             Realm
             .
          
           
           
             And
             that
             the
             Kings
             and
             Queens
             of
             this
             Realm
             shall
             have
             ful
             Power
             and
             Authority
             by
             virtue
             of
             this
             Act
             by
             Letters
             Patents
             under
             the
             great
             Seal
             of
             England
             ,
             to
             assign
             ,
             name
             and
             authorize
             ,
             when
             and
             as
             often
             as
             they
             shall
             think
             meet
             and
             convenient
             ,
             and
             for
             such
             and
             so
             long
             time
             as
             they
             shall
             think
             meet
             to
             exercise
             ,
             use
             ,
             occupy
             and
             execute
             all
             manner
             of
             Jurisdictions
             ,
             Priviledges
             and
             Preheminences
             in
             any
             wise
             ,
             touching
             or
             concerning
             any
             Spiritual
             or
             Ecclesiastical
             Jurisdiction
             within
             these
             Realms
             ;
             and
             to
             visit
             ,
             reform
             ,
             redress
             ,
             order
             ,
             correct
             and
             amend
             all
             such
             Errors
             ,
             Heresies
             ,
             Schisms
             ,
             Abuses
             ,
             Offences
             ,
             Contempts
             and
             Enormities
             what
             soever
             ,
             which
             by
             any
             manner
             of
             Spiritual
             or
             Ecclesiastical
             Power
             ,
             Authority
             or
             Jurisdiction
             can
             or
             may
             lawfully
             be
             reformed
             ,
             ordered
             ,
             redressed
             ,
             corrected
             ,
             restrained
             or
             amended
             to
             the
             Pleasure
             of
             Almighty
             God
             ,
             the
             increase
             of
             Virtue
             ,
             and
             the
             conservation
             of
             the
             Peace
             and
             Unity
             of
             this
             Realm
             :
             And
             that
             such
             Person
             and
             Persons
             so
             to
             be
             named
             ,
             authorized
             and
             appointed
             after
             the
             said
             Letters
             Patents
             to
             him
             or
             them
             made
             and
             delivered
             ,
             shall
             have
             full
             Power
             and
             Authority
             ,
             by
             virtue
             of
             this
             Act
             ,
             and
             of
             the
             said
             Letters
             Patents
             to
             exercise
             ,
             use
             and
             execute
             all
             the
             Premises
             ,
             according
             to
             the
             Tenour
             and
             effect
             of
             the
             said
             Letters
             Patents
             ,
             any
             Matter
             or
             Cause
             to
             the
             contrary
             ,
             in
             any
             wise
             ,
             notwithstanding
             .
          
           
             
               But
               in
               the
            
             Act
             17
             Car.
             1.
             c.
             
               11.
               after
               the
               recital
               of
               this
               latter
               Clause
               ,
               these
               words
               follow
               ,
            
             And
             whereas
             by
             Colour
             of
             some
             Words
             in
             the
             aforesaid
             Branch
             of
             the
             said
             Act
             ,
             whereby
             Commissioners
             areauthorized
             to
             execute
             their
             Commission
             ,
             according
             to
             the
             Tenor
             and
             Effect
             of
             the
             King's
             Letters
             Patents
             ,
             and
             by
             Letters
             Patents
             grounded
             thereupon
             ,
             the
             said
             Commissioners
             have
             to
             the
             great
             and
             unsufferable
             Wrong
             and
             Oppression
             of
             the
             King's
             Subjects
             ,
             used
             to
             fine
             and
             imprison
             them
             ,
             and
             to
             exercise
             Authority
             not
             belonging
             to
             Ecclesiastical
             Jurisdiction
             restored
             by
             that
             Act
             ;
             and
             divers
             other
             great
             Mischiefs
             and
             Inconveniences
             have
             also
             ensued
             to
             the
             King's
             Subjects
             by
             occasion
             of
             the
             said
             Branch
             and
             Commissions
             issued
             thereupon
             ,
             and
             the
             Executions
             thereof
             ;
             therefore
             for
             the
             Repressing
             and
             Preventing
             of
             the
             aforesaid
             Abuses
             ,
             Mischiefs
             and
             Inconveniences
             in
             time
             to
             come
             ,
             Be
             it
             enacted
             by
             the
             King
             's
             Most
             Excellent
             Majesty
             and
             the
             Lords
             and
             Commons
             in
             this
             present
             Parliament
             assembled
             ,
             and
             by
             the
             Authority
             of
             the
             same
             ,
             That
             the
             aforesaid
             Branch
             ,
             Clause
             ,
             Article
             or
             Sentence
             shall
             from
             henceforth
             be
             repealed
             ,
             annulled
             ,
             revoked
             ,
             annihilated
             and
             made
             void
             for
             ever
             ,
             any
             thing
             in
             the
             said
             Act
             to
             the
             contrary
             ,
             in
             any
             wise
             ,
             notwithstanding
             .
          
           
             
               Then
               after
               a
               Clause
               relating
               to
            
             ordinary
             Jurisdiction
             ,
             
               repealed
               13
            
             Car.
             2.
             c.
             
               12.
               the
               Act
               concludes
               thus
            
             ,
             And
             be
             it
             further
             enacted
             ,
             That
             from
             and
             after
             the
             said
             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
             live
             Power
             ,
             Jurisdiction
             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
             and
             Successors
             ;
             and
             all
             Powers
             and
             Authorities
             granted
             or
             pretended
             ,
             or
             mentioned
             to
             be
             granted
             thereby
             ,
             and
             all
             Acts
             ,
             
             Sentences
             and
             Decrees
             to
             be
             made
             by
             virtue
             or
             colour
             thereof
             ,
             shall
             be
             utterly
             void
             and
             of
             none
             effect
             .
          
           
             
               By
               the
            
             Act
             ,
             13
             Car.
             2.
             c.
             
               12.
               
               This
               Repeal
               stands
               good
               in
               the
               first
               Proviso
               ;
               and
               in
               the
               second
               Clause
               ,
               where
               that
               which
               concerns
            
             Ordinary
             Jurisdictions
             ,
             
               is
               repealed
               ,
               an
               Exception
               is
               put
               in
               ,
               in
               these
               Words
               ,
            
             Excepting
             what
             concerns
             the
             High-Commission-Court
             ,
             or
             the
             new
             erecting
             some
             such
             like
             Court
             by
             Commission
             .
          
           
             
               The
               Case
               which
               arises
               from
               hence
               ,
               is
               ,
               Whether
               these
               Acts
               of
               Parliament
               only
               take
               away
               the
               Power
               of
            
             Fining
             and
             Imprisoning
             ,
             
               from
               any
            
             Ecclesiastical
             Commission
             ,
             
               granted
               by
               the
               King
               ;
               so
               that
               notwithstanding
               these
               Repeals
               ,
               the
               King
               may
               still
               constitute
               a
            
             Commission
             
               proceeding
               by
            
             Ecclesiastical
             Censures
             :
             
               And
               for
               the
               same
               Ends
               which
               are
               expresly
               mentioned
               in
               the
               Statu
               te
               repealed
               ,
            
             viz.
             To
             exercise
             ,
             use
             ,
             occupy
             and
             execute
             all
             manner
             of
             Jurisdictions
             ,
             Privileges
             and
             Preheminences
             in
             any
             wise
             touching
             or
             concerning
             any
             Spiritual
             or
             Ecclesiastical
             Jurisdiction
             within
             this
             Realm
             of
             England
             ,
             and
             Dominion
             of
             Wales
             ,
             and
             to
             visit
             ,
             reform
             ,
             order
             ,
             correct
             and
             amend
             all
             Abuses
             ,
             Offences
             ,
             Contempts
             and
             Enormities
             whatsoever
             ,
             which
             by
             the
             Spiritual
             and
             Ecclesiastical
             Laws
             of
             this
             Realm
             ,
             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
             Unity
             of
             this
             Realm
             .
             
               These
               are
               the
            
             Powers
             
               of
               the
               present
            
             Commission
             ,
             
               and
               are
               the
               same
               which
               are
               mentioned
               in
               the
               Act
               of
            
             Repeal
             ,
             17
             Car.
             1.
             c.
             
               11.
               only
            
             Errors
             ,
             Heresies
             and
             Schisms
             ,
             
               being
               left
               out
            
             .
          
           
             
               It
               cannot
               be
               denied
               ,
               That
               the
            
             Power
             of
             Fining
             and
             Imprisoning
             ,
             
               is
               most
               expresly
               taken
               away
               ,
               and
               that
               is
               assigned
               as
               one
               Reason
               and
               Occasion
               of
               repealing
               the
               Clause
               of
               1
            
             Eliz.
             
               1.
               which
               establishes
               the
               Court
               ;
               but
               I
               cannot
               be
               satisfied
               ,
               that
               this
               was
               all
               that
               was
               intended
               by
               the
               Act
               17
            
             Car.
             1.
             c.
             
               11.
               
               And
               that
               for
               these
               Reasons
               :
            
          
           
             
               1.
               
               If
               no
               more
               had
               been
               intended
               ,
               then
               it
               had
               been
               sufficient
               to
               have
               destroyed
               the
            
             Letters
             Patents
             
               by
               which
               the
               Power
               of
            
             Fining
             and
             Imprisoning
             
               was
               granted
               ,
               without
               mentioning
               the
            
             Act
             of
             Parliament
             ,
             
               which
               gives
               no
               such
               Power
               .
               But
               the
               Act
               of
            
             Repeal
             ,
             17
             Car.
             1.
             c.
             
               12.
               begins
               with
               the
            
             Act
             of
             Parliament
             :
             Whereas
             in
             the
             Parliament
             holden
             in
             the
             first
             Year
             of
             Queen
             Eliz.
             there
             was
             an
             Act
             made
             and
             established
             ,
             &c.
             
             In
             which
             Act
             ,
             among
             other
             things
             ,
             there
             is
             contained
             one
             Clause
             ,
             Branch
             ,
             Article
             or
             Sentence
             ,
             whereby
             it
             was
             Enacted
             to
             this
             effect
             ,
             
               &c.
               
               Then
               follows
               all
               the
               Enactin
               ;
               Clause
               ;
               and
               after
               it
               ,
               the
            
             Abuses
             
               of
               the
               Power
               ,
               by
               the
            
             Letters
             Patents
             
               are
               reckoned
               up
            
             ,
             viz.
             Fining
             and
             Imprisoning
             ,
             and
             other
             great
             Mischiefs
             and
             Inconveniences
             :
             Therefore
             ,
             for
             the
             repressing
             and
             preventing
             of
             them
             ,
             
               not
               meerly
            
             the
             Power
             to
             Fine
             
             and
             Imprison
             ;
             
               but
               the
               whole
               Clause
               ,
               and
               all
               things
               contained
               in
               it
               ,
               are
               from
               thenceforth
            
             repealed
             ,
             annulled
             ,
             revoked
             ,
             annihilated
             ,
             and
             utterly
             made
             void
             for
             ever
             .
             
               What
               need
               all
               this
               ,
               if
               no
               more
               were
               designed
               than
               to
               take
               away
               the
            
             Power
             of
             Fining
             and
             Imprisoning
             ?
          
           
           
             
               It
               is
               plausibly
               argued
               by
               the
               Lord
            
             Coke
             ,
             That
             the
             Power
             to
             Fine
             
             and
             Imprison
             ,
             was
             not
             agreeable
             to
             the
             Design
             of
             the
             Act.
             1.
             
             Because
             the
             Title
             of
             it
             is
             ,
             An
             Act
             restoring
             to
             the
             Crown
             the
             Ancient
             Jurisdiction
             ;
             but
             the
             Ancient
             Jurisdiction
             Ecclesiastical
             had
             not
             a
             Power
             to
             Fine
             and
             Imprison
             ,
             but
             proceeded
             only
             by
             Ecclesiastical
             Censures
             .
             2.
             
             Because
             the
             Power
             to
             reform
             ,
             order
             and
             correct
             all
             Errors
             ,
             Heresies
             ,
             &c.
             was
             to
             be
             such
             as
             may
             be
             lawfully
             reformed
             ,
             corrected
             ,
             restrained
             ,
             or
             amended
             by
             any
             manner
             of
             Spiritual
             ,
             Ecclesiastical
             Power
             ,
             Authority
             or
             Jurisdiction
             ,
             which
             did
             not
             extend
             to
             Fine
             and
             Imprisonment
             .
             3.
             
             The
             Tenor
             of
             the
             Letters
             Patents
             was
             to
             exercise
             ,
             use
             and
             execute
             all
             the
             Premises
             .
             Since
             therefore
             the
             Premises
             go
             no
             further
             than
             Ecclesiastical
             Jurisdiction
             ,
             the
             Letters
             Patents
             could
             give
             no
             such
             Power
             ,
             being
             in
             pursuance
             of
             the
             Act.
             But
             it
             is
             agreed
             ,
             
               saith
               he
            
             ,
             That
             before
             this
             Act
             no
             Man
             could
             be
             punished
             by
             Fine
             and
             Imprisonment
             by
             any
             Ecclesiastical
             Power
             ,
             unless
             it
             were
             by
             force
             of
             some
             Act
             of
             Parliament
             .
             
               But
               because
               the
               Act
               saith
            
             ,
             They
             are
             to
             use
             and
             execute
             all
             the
             Premises
             according
             to
             the
             Tenor
             and
             Effect
             of
             the
             Letters
             Patents
             ;
             
               Others
               have
               thought
               ,
               That
            
             the
             Power
             to
             Fine
             and
             Imprison
             ,
             
               being
               within
               the
            
             Letters
             Patents
             ,
             the
             Act
             of
             Parliament
             
               did
               bear
               them
               out
               in
               pursuing
               what
               was
               in
               the
               Tenor
               of
               them
               .
            
          
           
             
               But
               in
               my
               Opinion
               ,
               this
               Matter
               ought
               to
               be
               a
               little
               further
               cleared
               ;
               and
               therefore
               we
               must
               distinguish
               between
               the
            
             Original
             Commission
             ,
             
               and
               the
            
             Supplemental
             Power
             ,
             
               added
               to
               enforce
               it
               .
               The
            
             Original
             Commission
             
               extended
               no
               farther
               than
            
             Ecclesiastical
             Jurisdiction
             ,
             
               as
               is
               plain
               from
               tho
               reading
               of
               the
            
             Statute
             ;
             
               and
               that
               of
               it self
               could
               go
               no
               further
               than
            
             Ecclesiastical
             Censure
             .
             
               But
               because
               of
               the
               Circumstance
               of
               that
               Time
               ,
               when
               (
               as
               the
               Lord
            
             Hobart
             ,
             
               in
               a
            
             M.
             S.
             
               Discourse
               of
               the
            
             High
             Commission
             observes
             )
             The
             Persons
             
             most
             concerned
             did
             slight
             the
             Ecclesiastical
             Censures
             ;
             
               therefore
               it
               was
               thought
               necessary
               in
               the
            
             Letters
             Patents
             
               to
               grant
               them
               a
               new
            
             Commission
             
               to
               enforce
               the
               former
               ,
               and
               that
               extended
               to
            
             Fine
             and
             Imprisonment
             :
             
               For
               in
               the
            
             High
             Commission
             
               for
               the
               Province
               of
            
             York
             ,
             
               (
               which
               is
               preserved
               )
               distinct
            
             Powers
             
               are
               granted
               ,
               which
               are
               not
               in
               the
            
             Act.
             
               For
               ,
               whereas
               the
            
             Act
             
               goes
               no
               further
               than
               the
            
             Ecclesiastical
             Jurisdiction
             ,
             the
             Commission
             
               gives
               them
               Power
               to
               proceed
               after
               another
               manner
               than
               by
            
             Ecclesiastical
             Censures
             ;
             
               for
               the
               Words
               are
            
             ,
             Contumaces
             autem
             &
             Rebelles
             ,
             si
             quos
             invenerint
             ,
             tam
             per
             Censuras
             Ecclesiasticas
             ,
             quam
             Personarum
             apprehensionem
             ,
             &
             Incarcerationem
             ,
             &c.
             ac
             quaecunque
             alia
             Juris
             Regni
             nostri
             Remedia
             compescendum
             ,
             
               &c.
               
               Here
               we
               see
               plainly
               a
               Conjunction
               of
               the
            
             Power
             of
             Common
             Law
             ,
             
               added
               to
               that
               of
               the
            
             High
             Commission
             ,
             
               by
               virtue
               of
               the
            
             Act
             of
             Parliament
             ,
             
               and
               so
               in
               all
               probability
               it
               was
               in
               the
            
             Letters
             Patents
             
               for
               the
            
             High
             Commission
             
               in
               this
            
             Province
             ,
             
               which
               bore
               equal
               Date
               with
               the
               former
               .
            
          
           
             
               And
               although
               the
               Date
               of
               the
            
             High
             Commission
             
               was
               before
               the
            
             Depriving
             of
             the
             Bishops
             ,
             I
             Eliz.
             
               Yet
               I
               see
               no
               ground
               for
               my
               Lord
            
             Coke
             
               's
               Assertion
               ,
               which
               the
               Defendant
               takes
               for
               granted
               ,
            
             p.
             
               13.
               
               That
            
             this
             Commission
             was
             first
             granted
             for
             depriving
             the
             Popish
             Bishops
             ,
             and
             that
             about
             Twenty
             were
             deprived
             by
             it
             ;
             
               whereas
               in
               Fact
               ,
               
               there
               were
               but
               Fourteen
               deprived
               ,
               and
               that
               for
               not
               doing
               what
               they
               had
               done
               before
               in
            
             Henry
             
               the
               8th's
               Time
            
             ,
             viz.
             for
             refusing
             to
             take
             the
             Oath
             of
             Supremacy
             ,
             which
             they
             had
             all
             taken
             in
             the
             time
             of
             
               H.
               8.
               
               And
               as
               far
               as
               I
               can
               learn
               ,
               they
               were
               not
               deprived
               by
               the
            
             High
             Commission
             ,
             
               but
               by
               a
               particular
            
             Commission
             
               for
               that
               purpose
               ;
               as
               appears
               by
               the
               best
               Account
               we
               have
               of
               it
               in
               the
            
             Historians
             
               who
               lived
               nearest
               the
               time
            
             .
             In
             the
             Month
             of
             July
             ,
             says
             Stow
             ,
             the
             old
             Bishops
             of
             England
             ,
             then
             living
             ,
             were
             called
             and
             examined
             by
             certain
             of
             the
             Queens
             Majesties
             Council
             ,
             where
             the
             Bishops
             of
             
               York
               ,
               Ely
            
             and
             London
             ,
             with
             others
             ,
             to
             the
             Number
             of
             Thirteen
             or
             Fourteen
             for
             refusing
             to
             take
             the
             Oath
             touching
             the
             Queens
             Supremacy
             and
             other
             Articles
             ,
             were
             deprived
             from
             their
             Bishopricks
             .
             
               What
               he
               means
               by
               the
            
             other
             Articles
             ,
             
               I
               know
               not
               ;
               for
               there
               seem
               to
               be
               no
               other
               at
               that
               time
               ,
               for
               which
               they
               could
               be
               deprived
               by
               Law
               ,
               but
               refusing
            
             the
             Oath
             of
             Supremacy
             
               (
               and
               so
               much
            
             Saunders
             
               himself
               owns
               )
               for
               the
               other
               faults
               were
               not
               punishable
               with
               deprivation
               .
               The
               Bishops
               being
               deprived
               by
            
             
             
               a
               special
            
             Commission
             
               of
               the
               Council
            
             ,
             then
             saith
             Stow
             ,
             Commissioners
             were
             appointed
             for
             all
             England
             ;
             For
             London
             Sir
             
               Richard
               Sackvile
            
             ,
             Dr.
             Horn
             ,
             Dr.
             Huick
             and
             Mr.
             Savage
             ,
             who
             called
             before
             them
             divers
             Persons
             of
             every
             Parish
             ,
             and
             swore
             them
             to
             enquire
             and
             present
             upon
             certain
             Injunctions
             .
             
               With
               him
            
             Hollingshead
             
               agrees
               ,
               only
               adding
            
             that
             these
             Commissioners
             were
             sent
             according
             to
             an
             Act
             passed
             and
             confirmed
             last
             Parliament
             .
          
           
             
               This
               was
               the
               Act
               for
               the
            
             High-Commission
             ,
             
               which
               then
               extended
               to
               particular
               Parishes
               ,
               with
               such
               such
               Powers
               of
               the
               Common
               Law
               as
               are
               already
               mentioned
               ,
               but
               are
               not
               of
               the
            
             Essence
             
               of
               the
            
             Commission
             
               according
               to
               the
               Act
               of
               Parliament
               ,
               and
               therefore
               the
               taking
               away
               those
               additional
               Powers
               doth
               not
               destroy
               the
            
             High
             Commission
             ;
             
               but
               the
               Repealing
               the
            
             Act
             of
             Parliament
             ,
             
               on
               which
               it
               was
               built
               ,
               takes
               away
               any
               such
               Court-Proceeding
               by
               Ecclesiastical
               Censures
               .
            
          
           
             
               To
               make
               this
               more
               plain
               by
               a
               Parallel
               Instance
               ;
               The
               Court
               of
            
             Star-Chamber
             
               was
               taken
               away
               at
               the
               same
               time
               the
            
             High-Commission
             
               was
               ,
               and
               both
               determined
               the
               same
               day
               ,
               17
            
             Car.
             1.
             
             Aug.
             1.
             
          
           
             
               This
               Court
               was
               erected
               for
            
             extraordinary
             Civil
             Jurisdiction
             ,
             
               as
               the
            
             High
             Commission
             
               was
               for
            
             Spiritual
             ;
             
               but
               by
               the
               Act
               ,
               17
            
             Car.
             1.
             c.
             
               10.
               it
               was
               taken
               away
               much
               in
               the
               same
               manner
               with
               the
               Court
               of
            
             High-Commission
             :
             
               For
               there
               is
               a
               Recital
               of
               the
            
             Statutes
             
               on
               which
               it
               was
               grounded
               ,
               3
            
             Hen.
             7.
             c.
             
               1.
               21
            
             
             Hen.
             8.
             c.
             
               20.
               
               And
               then
               it
               is
               alledged
               ,
               That
            
             they
             had
             exceeded
             the
             Bounds
             which
             the
             Law
             had
             given
             them
             ,
             
               in
               these
               Words
            
             ;
             But
             the
             said
             Judges
             have
             not
             kept
             themselves
             to
             the
             Points
             limited
             by
             the
             said
             Statute
             ,
             but
             have
             undertaken
             to
             punish
             where
             no
             Law
             doth
             warrant
             ,
             and
             to
             make
             Decrees
             for
             things
             having
             no
             such
             Authority
             ,
             and
             to
             inflict
             heavier
             punishments
             ,
             than
             by
             any
             Law
             is
             warranted
             .
             
               And
               so
               ,
               by
               this
               very
               same
               way
               of
               Reasoning
               which
               the
            
             Vindicator
             
               uses
               ,
               another
            
             Court
             of
             Star-Chamber
             
               may
               be
               set
               up
               ,
               if
               it
               keeps
               it self
               within
               the
               Bounds
               of
               the
               Statutes
               .
               But
               we
               are
               not
               to
               judge
               of
               
               the
               force
               of
               a
               Law
               by
               the
               particular
               Reason
               assigned
               ,
               but
               by
               the
            
             Enacting
             Clause
             :
             Be
             it
             Ordained
             and
             Enacted
             by
             the
             Authority
             of
             this
             present
             Parliament
             ,
             That
             the
             said
             Court
             ,
             commonly
             called
             the
             
               Star-Chamber
               ,
            
             ,
             and
             all
             Jurisdictions
             ,
             Power
             and
             Authority
             belonging
             unto
             ,
             or
             exercised
             in
             the
             same
             Court
             ,
             &c.
             be
             from
             the
             first
             of
             
               August
               1641.
            
             clearly
             and
             absolutely
             dissolved
             ,
             taken
             away
             and
             determined
             .
             
               If
               another
            
             Star-Chamber
             
               cannot
               be
               set
               up
               with
               some
               Limitations
               for
            
             Extraordinary
             Civil
             Jurisdictions
             ,
             
               how
               can
               another
            
             Ecclesiastical
             Court
             for
             extraordinary
             Spiritual
             Jurisdiction
             ,
             
               which
               is
               taken
               away
               after
               the
               same
               manner
               ?
               Only
               the
            
             Act
             
               against
               the
            
             High
             Commission
             ,
             
               is
               more
               express
               in
               the
               Conclusion
               ,
               against
            
             Setting
             up
             any
             other
             Court
             with
             like
             Power
             ,
             Jurisdiction
             or
             Authority
             ;
             
               for
               it
               was
               then
               foreseen
               ,
               that
               some
               other
               Court
               might
               be
               set
               up
               ,
               with
               some
               Alterations
               ;
               and
               to
               prevent
               any
               thing
               of
               that
               Nature
               ,
               the
               last
               Clause
               was
               annexed
               .
            
          
           
             
               2.
               
               The
               prohibiting
               Clause
               ,
               17
            
             Car.
             1.
             c.
             
               11.
               is
               very
               considerable
               to
               the
               purpose
               .
               For
               the
               Force
               of
               the
               former
            
             Act
             
               was
               taken
               away
               by
               the
               Repealing
               Clause
               ;
               but
               that
               was
               not
               thought
               sufficient
               to
               prevent
            
             another
             Court
             
               rising
               up
               ,
               which
               might
               be
            
             like
             to
             it
             .
             
               A
               Court
               may
               be
               like
               ,
               although
               not
               altogether
               the
               same
               :
               It
               may
               be
            
             like
             in
             Jurisdiction
             ,
             
               although
               not
               in
               a
            
             Power
             to
             Fine
             and
             imprison
             .
             
               But
               the
               Act
               saith
               ,
               That
            
             no
             new
             Court
             shall
             be
             Erected
             which
             shall
             or
             may
             have
             the
             like
             Power
             ,
             Jurisdiction
             ,
             or
             Authority
             ,
             as
             the
             said
             High-Commission
             now
             hath
             ,
             or
             pretendeth
             to
             have
             ;
             but
             that
             all
             and
             every
             such
             Letters
             Patents
             made
             or
             to
             be
             made
             by
             his
             Majesty
             or
             Successors
             ,
             and
             all
             Powers
             and
             Authorities
             granted
             ,
             or
             pretended
             ,
             or
             mentioned
             to
             be
             granted
             thereby
             ,
             ana
             all
             Asts
             ,
             Sentences
             and
             Decrees
             to
             be
             made
             by
             vertue
             or
             colour
             thereof
             ,
             shall
             be
             utterly
             void
             and
             of
             none
             effect
             .
             
               Was
               all
               this
               meant
               only
               of
               such
               a
            
             Court
             
               as
               should
               proceed
               to
            
             Fine
             and
             Imprison
             ?
             
               Why
               was
               not
               this
               set
               down
               in
               as
               plain
               a
               manner
               as
               such
               a
               Law
               required
               ?
               But
               we
               are
               to
               observe
               ,
            
          
           
             
               1.
               
               It
               not
               only
               voids
               the
            
             Letters
             Patents
             ,
             
               but
               declares
               the
            
             Constitution
             
               of
               the
            
             Court
             
               it self
               to
               be
            
             illegal
             ;
             
               but
               that
               doth
               not
               depend
               upon
               the
            
             Power
             to
             Fine
             and
             Imprison
             .
             
               If
               it
               had
               been
               said
            
             ,
             No
             New
             Court
             shall
             be
             erected
             with
             a
             Power
             to
             Fine
             and
             Imprison
             ,
             
               the
               Matter
               had
               been
               clear
               ;
               for
               a
               New
               Court
               might
               have
               been
               erected
               proceeding
               by
            
             Ecclesiastical
             Censures
             ,
             
               without
               a
               Power
               to
               Fine
               and
               Imprison
               .
               But
               the
               Act
               takes
               no
               notice
               here
               of
               any
               such
               Power
               ,
               but
               absolutely
               forbids
               any
            
             Court
             
               with
               the
            
             like
             Power
             ,
             Jurisdiction
             or
             Authority
             .
             
               Had
               the
            
             High-Commission
             no
             Power
             ,
             Jurisdiction
             or
             Authority
             ,
             
               but
               only
            
             to
             Fine
             and
             Imprison
             ?
             Their
             Power
             and
             Authority
             
               by
               Act
               of
               Parliament
               was
               general
               ,
            
             to
             reform
             Abuses
             ,
             
               &c.
               
               In
               case
               there
               had
               been
               no
               such
               Clause
               as
            
             Fining
             and
             Imprisoning
             
               in
               the
            
             Letters
             Patents
             ,
             
               had
               there
               been
            
             no
             Court
             ,
             no
             Power
             ,
             Jurisdiction
             or
             Authority
             
               belonging
               to
               it
               ?
               If
               then
               there
               be
               a
            
             Power
             ,
             Jurisdiction
             or
             Authority
             
               of
               a
            
             High
             Commission
             Court
             ,
             
               without
               a
            
             Power
             to
             Fine
             and
             Imprison
             ,
             
               then
               all
               such
            
             Power
             and
             Authority
             
               is
               taken
               away
               by
               the
               Prohibiting
               Clause
               .
            
          
           
           
             
               2.
               
               It
               forbids
               the
            
             Jurisdiction
             
               of
               such
               a
               Court
               :
               But
            
             Jurisdiction
             
               is
               quite
               another
               thing
               from
               a
            
             Power
             to
             Fine
             and
             Imprison
             .
             Jurisdictio
             ,
             saith
             Bracton
             ,
             is
             Authoritas
             judicandi
             ,
             sive
             juris
             dicendi
             
             inter
             partes
             ;
             
               and
               to
               the
               same
               purpose
            
             Fleta
             :
             
               They
               both
               distinguish
               two
               kinds
               of
            
             Jurisdiction
             ,
             Ecclesiastical
             and
             Civil
             .
             Ecclesiastical
             ,
             
             saith
             Bracton
             ,
             
               is
               that
               which
               belongs
               to
            
             Ecclesiastical
             Causes
             :
             
               Which
               shews
               ,
               That
               they
               looked
               on
            
             Ecclesiastical
             Proceedings
             
             by
             Censures
             
               as
               part
               of
               the
            
             Ecclesiastical
             Jurisdiction
             .
             
               The
               first
               General
               Exception
               ,
               saith
            
             Fleta
             ,
             
               is
               against
               the
            
             Jurisdiction
             
               of
               a
            
             Court
             ,
             
               which
               is
               allowed
               to
               be
               made
               to
               those
            
             quibus
             deficit
             autoritas
             
             judicandi
             .
             
               From
               hence
               it
               appears
               ,
               That
               the
               Power
               and
               Authority
               of
               medling
               in
               Ecclesiastical
               Causes
               ,
               is
               that
               which
               is
               implied
               in
               the
            
             Jurisdiction
             
               of
               the
            
             Court
             ;
             
               if
               it
               hath
               no
            
             Jurisdiction
             
               it
               is
               no
               Court
               ;
               if
               it
               have
            
             Jurisdiction
             ,
             
               it
               is
               void
               in
               Law
               ;
               for
               the
               Act
               of
               Parliament
               takes
               away
               all
            
             Power
             ,
             Jurisdiction
             and
             Authority
             
               from
               any
               such
               Court.
            
             
          
           
             
               3.
               
               The
               Explanatory
               Act
               13
            
             Car.
             2.
             c.
             
               12.
               makes
               this
               more
               evident
               ;
               for
               there
               being
               a
               Clause
               inserted
               17
            
             Car.
             1.
             c.
             
               11.
               which
               seemed
               to
               take
               away
               the
            
             Ordinary
             Jurisdiction
             
               of
               the
            
             Ecclesiastical
             Courts
             ,
             
               it
               was
               thought
               fit
               to
               make
               that
            
             Act
             
               on
               purpose
               to
               clear
               that
               Matter
               ,
               by
               repealing
               that
               Clause
               .
               But
               that
               Clause
               being
               part
               of
               the
               Act
               which
               took
               away
               the
            
             High-Commission
             Court
             ,
             
               lest
               by
               such
               a
               Repeal
               the
               Act
               it self
               should
               be
               thought
               repealed
               ,
               therefore
               there
               is
               only
               an
               Exception
               put
               in
               ,
               not
               barely
               as
               to
               the
               Old
            
             High-Commission
             ,
             
               but
               as
               to
               the
               new
            
             erecting
             
               some
               such
            
             like
             Court
             by
             Commission
             :
             
               And
               a
               particular
            
             Proviso
             
               is
               added
            
             ,
             That
             neither
             this
             Act
             ,
             nor
             any
             thing
             herein
             contained
             shall
             extend
             or
             be
             construed
             to
             revive
             or
             give
             force
             to
             the
             said
             Branch
             of
             the
             said
             Statute
             ,
             made
             in
             the
             said
             first
             Year
             of
             the
             Reign
             of
             the
             said
             late
             Queen
             Elizabeth
             ,
             mentioned
             in
             the
             said
             Act
             of
             Parliament
             ,
             made
             in
             the
             seventeenth
             Year
             of
             the
             Reign
             of
             the
             said
             King
             Charles
             ;
             but
             that
             the
             said
             Branch
             of
             the
             said
             Statute
             made
             in
             the
             said
             first
             Year
             of
             the
             Reign
             of
             the
             said
             late
             Queen
             Elizabeth
             ,
             shall
             stand
             and
             be
             repealed
             in
             such
             sort
             ,
             as
             if
             this
             Act
             had
             never
             been
             made
             .
             
               Now
               it
               ought
               to
               be
               considered
               ,
               That
               even
               this
               Parliament
               doth
               not
               fix
               upon
               the
            
             Power
             to
             Fine
             and
             Imprison
             ,
             
               to
               take
               that
               away
               ;
               but
               upon
               the
            
             Original
             Clause
             
               in
               the
            
             Act
             ,
             
               which
               gave
               Power
               to
               erect
               such
               a
               Court.
               And
               this
               Parliament
               was
               zealous
               to
               assert
               the
            
             Ordinary
             Jurisdiction
             ,
             
               and
               as
               zealous
               to
               prevent
               any
               such
               extraordinary
               Jurisdictions
               ,
               as
               was
               in
               the
            
             High-Commission
             ;
             
               which
               it
               shewed
               by
               continuing
               the
               Repeal
               of
               that
               Power
               by
               which
               it
               was
               established
               .
            
          
        
         
           
           
             CHAP.
             II.
             
               The
               King's
               Supremacy
               by
               Common-Law
               enquired
               into
            
             ;
             Coke
             
               's
               fifth
               Report
            
             ,
             de
             Jure
             Regis
             Ecclesiastico
             ,
             examined
             .
          
           
             BUT
             against
             this
             it
             is
             pleaded
             with
             some
             Appearance
             of
             Reason
             ,
             
               That
               in
            
             Caudry
             
               's
               Case
               the
               Judges
               resolved
               ,
               That
               the
               Act
               of
            
             
             
               the
               first
               Year
               of
               the
               late
               Queen
               was
               not
               introductory
               of
               a
               new
               Law
               ,
               but
               declaratory
               of
               the
               Old
               ;
               and
               that
               the
               King
               by
               the
               Ancient
               Law
               might
               make
               such
               an
               Ecclesiastical
               Commission
               .
               And
               since
               the
               Act
            
             13
             Car.
             2.
             c.
             12.
             
               saith
               ,
               That
               we
               are
               not
               to
               abridg
               or
               diminish
               the
               King's
               Supremacy
               in
               Ecclesiastical
               Matters
               and
               Affairs
               ;
               Therefore
               we
               are
               still
               to
               suppose
               ,
               That
               the
               King
               hath
               a
               Power
               by
               Law
               to
               appoint
               such
               a
               Commission
               for
               Ecclesiastical
               Matters
               .
            
          
           
             This
             is
             the
             Substance
             of
             what
             is
             pleaded
             for
             the
             Legality
             of
             the
             Court
             :
             And
             since
             the
             Argument
             is
             confined
             to
             Matter
             of
             Law
             ,
             to
             clear
             this
             Matter
             ,
             it
             will
             be
             necessary
             to
             give
             an
             Account
             of
             these
             two
             things
             ,
             
               
                 I.
                 What
                 the
                 
                   Ancient
                   Law
                
                 was
                 as
                 to
                 this
                 Matter
                 .
              
               
                 II.
                 How
                 far
                 the
                 
                   Legal
                   Supremacy
                
                 is
                 abridged
                 by
                 these
                 Statutes
                 .
              
            
          
           
             I.
             As
             to
             the
             
               Ancient
               Law
            
             in
             this
             matter
             ,
             It
             's
             true
             that
             the
             Lord
             Coke
             ,
             in
             
             Caudry's
             Case
             hath
             endeavoured
             to
             prove
             ,
             That
             the
             Statute
             1
             
               Eliz.
               was
               not
               introductory
               of
               a
               new
               Law
               ,
               but
               declaratory
               of
               the
               Old
            
             ;
             but
             the
             Instances
             he
             produces
             fall
             very
             short
             of
             being
             
               Demonstrative
               Proofs
            
             ,
             as
             he
             calls
             them
             :
             For
             the
             true
             Case
             is
             not
             ,
          
           
             (
             1.
             )
             Whether
             the
             King
             ought
             not
             to
             interpose
             in
             
               Ecclesiastical
               Matters
            
             ,
             so
             far
             as
             the
             Peace
             and
             good
             Government
             of
             his
             Realm
             was
             concerned
             .
             Nor
             ,
          
           
             (
             2.
             )
             Whether
             he
             might
             not
             order
             things
             which
             concerned
             the
             Right
             of
             
               Ecclesiastical
               Possessions
            
             ;
             as
             in
             
               Bishopricks
               ,
               Commendams
               ,
               Right
               of
               Patronage
               ,
               Pleas
               of
               Tiths
               ,
            
             &c.
             Nor
             ,
          
           
             (
             3.
             )
             Whether
             the
             King
             ,
             by
             his
             Supreme
             Authority
             might
             not
             limit
             the
             Proceedings
             of
             ordinary
             
               Ecclesiastical
               Courts
            
             in
             Matters
             concerning
             
               his
               Crown
               and
               Dignity
            
             ,
             by
             granting
             Prohibitions
             .
             Nor
             ,
          
           
             (
             4.
             )
             Whether
             the
             King
             by
             
               Common
               Law
            
             cannot
             grant
             a
             
               Commission
               of
               Review
            
             ,
             after
             the
             Proceedings
             of
             the
             
               Ecclesiastical
               Courts
            
             ;
             which
             Judge
             Hutton
             affirmed
             ,
             
               Was
               all
               that
               was
               determined
               in
            
             
             Caudry
             
               's
               Case
            
             .
             Nor
             ,
          
           
           
             (
             5.
             )
             Whether
             the
             King
             in
             Parliament
             may
             not
             
               make
               Law
            
             ;
             for
             Reformation
             of
             Religion
             and
             establishing
             good
             Order
             therein
             .
             Nor
             ,
          
           
             (
             6.
             )
             Whether
             the
             Supreme
             
               Coactive
               Jurisdiction
            
             were
             not
             always
             a
             
               Right
               of
               the
               Crown
            
             ,
             however
             it
             were
             in
             a
             great
             Measure
             usurped
             by
             the
             Pope
             after
             King
             John
             
               's
               Resignation
            
             .
          
           
             But
             ,
             Whether
             our
             
               Ancient
               Law
            
             doth
             give
             the
             King
             a
             Power
             ,
             by
             virtue
             of
             his
             
               Ecclesiastical
               Jurisdiction
            
             ,
             to
             appoint
             Commissioners
             by
             an
             extraordinary
             way
             of
             Jurisdiction
             to
             proceed
             
               in
               prima
               instantia
            
             ,
             against
             Persons
             by
             
               Ecclesiastical
               Censures
            
             ?
             And
             to
             prove
             this
             I
             cannot
             find
             one
             sufficient
             Example
             ,
             as
             I
             shall
             make
             appear
             by
             a
             short
             Account
             of
             the
             Instances
             he
             produces
             ,
             and
             the
             
               Ecclesiastical
               Jurisdiction
            
             exercised
             at
             that
             time
             .
          
           
             
               
                 In
                 the
                 Time
                 of
                 the
              
               Saxons
               .
            
             
               
                 In
                 the
                 Saxon
                 Times
              
               he
               brings
               first
               
                 an
                 Instance
                 of
              
               Kenulphus
               ,
               King
               of
               Mercia
               ,
               
                 granting
                 an
                 Exemption
                 to
                 the
                 Abbot
                 of
              
               Abingdon
               :
               But
               what
               does
               this
               signifie
               to
               
                 Ecclesiastical
                 Jurisdiction
              
               ,
               to
               prove
               ,
               That
               the
               King
               gave
               the
               Abbot
               an
               Exemption
               from
               the
               
                 Temporal
                 Jurisdiction
                 of
                 the
                 Bishops
              
               ?
               for
               ,
               in
               those
               Days
               there
               were
               great
               Disputes
               between
               the
               Bishops
               and
               Abbots
               about
               
                 the
                 Temporal
                 Jurisdiction
                 over
                 the
                 Lands
                 of
                 their
                 Abbies
              
               ;
               which
               the
               Bishops
               claimed
               ,
               and
               the
               Abbots
               refused
               ,
               and
               put
               themselves
               under
               the
               Protection
               of
               Princes
               and
               Great
               Men
               ,
               as
               appears
               by
               the
               Councils
               of
               Cloveshoo
               and
               Becanceld
               ,
               in
               the
               time
               of
               Kenulphus
               .
               But
               Stamford
               puts
               this
               Matter
               out
               of
               Dispute
               in
               the
               Confirmation
               of
               
               the
               Charter
               of
               Kenulphus
               ,
               by
               Edwin
               ,
               for
               the
               Words
               are
               ,
               
                 Quod
                 praefatum
                 Monastrium
                 omnis
                 terrenae
                 servitatis
                 esset
                 liberum
                 :
              
               And
               what
               is
               this
               now
               to
               
                 Ecclesiastical
                 Jurisdiction
              
               ?
            
             
               But
               we
               have
               manifest
               Proof
               in
               the
               
                 Saxon
                 Times
              
               ,
               That
               the
               
                 Ecclesiastical
                 Jurisdiction
              
               was
               never
               exercised
               by
               such
               a
               Commission
               ,
               but
               that
               all
               extraordinary
               Cases
               were
               dispatched
               in
               
                 Parliamentary
                 Assemblies
              
               ,
               and
               the
               
                 Ordinary
                 Jurisdiction
              
               was
               exercised
               by
               the
               Archbishop
               of
               Canterbury
               ,
               in
               Chief
               ,
               and
               by
               the
               rest
               of
               the
               Bishops
               .
               The
               first
               extraordinary
               Instance
               of
               proceeding
               against
               an
               Ecclesiastical
               Person
               ,
               in
               the
               
                 Saxon
                 Times
              
               ,
               was
               that
               of
               Wilfred
               
                 Archbishop
                 of
              
               York
               ,
               who
               because
               he
               would
               not
               consent
               to
               the
               making
               
                 three
                 Bishopricks
              
               in
               his
               Province
               ,
               was
               deposed
               by
               Theodore
               Archbishop
               of
               
                 Canterbury
                 ,
                 the
                 King
                 himself
                 being
                 present
                 ,
                 and
                 the
                 great
                 Council
                 of
                 the
                 Nation
                 :
              
               For
               so
               King
               Alfrith
               saith
               ,
               that
               he
               was
               
                 bis
                 à
                 toto
                 Anglorum
                 Concilio
                 damnatus
                 ,
              
               as
               the
               Words
               are
               in
               Malmsbury
               ;
               and
               Eddius
               ,
               who
               lived
               at
               that
               time
               ,
               
               saith
               ,
               
                 That
                 King
              
               Alfrith
               
                 gave
                 this
                 Reason
                 against
                 restoring
                 him
                 ,
                 because
                 he
                 had
                 been
                 condemned
                 by
                 the
                 Kings
                 his
                 Predecessors
                 ,
                 with
                 their
                 Council
                 ,
                 the
                 Archbishop
                 assisting
                 ,
                 and
                 himself
                 had
                 judged
                 him
                 ,
                 cum
                 omnibus
                 pene
                 Britanniae
                 vestrae
                 Praesulibus
                 ,
                 all
                 the
                 Bishops
                 ,
                 almost
                 ,
                 being
                 present
                 .
              
            
             
             
               In
               the
               Council
               of
               
                 Nester
                 field
              
               ,
               in
               his
               Case
               ,
               it
               is
               said
               ,
               
                 The
                 King
                 was
                 present
                 and
              
               Berthwaldus
               ,
               
                 Archbishop
                 of
              
               Canterbury
               ,
               cum
               totius
               
               pene
               Britanniae
               Episcopis
               .
               In
               the
               Council
               at
               Nid
               ,
               it
               is
               said
               ,
               
                 sedentibus
                 Rege
                 &
                 Episcopis
                 ,
                 cum
                 Principibus
                 eorum
                 in
                 loco
                 Synodali
              
               ;
               
               which
               was
               a
               
                 Parliamentary
                 Assembly
              
               .
            
             
               Not
               long
               after
               Tunbert
               was
               deposed
               from
               his
               Bishoprick
               ,
               but
               it
               was
               ,
               saith
               
                 Florentius
                 Wigorniensis
                 ,
                 congregata
                 Synodo
                 sub
                 praesentia
                 Regis
                 Egfridi
                 .
              
               The
               Archbishop
               Theodore
               likewise
               deposed
               
               Winfred
               Bishop
               of
               the
               Mercians
               ,
               saith
               the
               same
               Author
               ,
               after
               Bede
               ,
               for
               
                 some
                 Disobedience
              
               ,
               and
               consecrated
               Saxulphus
               ,
               the
               first
               Abbot
               of
               Peterborough
               ,
               in
               his
               Place
               .
            
             
               This
               Winfred
               had
               been
               present
               at
               the
               Council
               at
               Herudford
               ,
               and
               there
               consented
               to
               the
               Canons
               then
               first
               received
               in
               the
               
               English
               Church
               ;
               and
               there
               they
               submitted
               to
               Ecclesiastical
               Censures
               ,
               upon
               the
               Violation
               of
               them
               .
               
                 At
                 this
                 Council
              
               ,
               saith
               
                 Matt.
                 Westminster
                 ,
                 were
                 present
                 not
                 only
                 all
                 the
                 Bishops
                 ,
                 but
                 all
                 the
                 Kings
                 and
                 Great
                 Men
                 of
                 the
                 Nation
              
               ;
               so
               that
               the
               first
               Canons
               
               were
               received
               in
               a
               
                 full
                 Parliament
              
               .
               One
               of
               these
               Canons
               was
               for
               
                 increasing
                 the
                 Number
                 of
                 Bishopricks
                 ,
                 as
                 the
                 Number
                 of
                 Believers
                 increased
                 :
              
               And
               upon
               this
               Canon
               Theodore
               proceeded
               against
               both
               Wilfred
               and
               Winfred
               :
               For
               not
               long
               after
               Theodore
               divided
               his
               Bishoprick
               into
               five
               ;
               but
               it
               was
               done
               ,
               saith
               
                 Florentius
                 ,
                 consensu
                 ejusdem
                 Regis
                 &
                 Principum
                 illius
                 ,
              
               as
               Ina
               divided
               the
               Western
               
               Province
               into
               
                 two
                 Bishopricks
                 ,
                 Synodali
                 Decreto
              
               ,
               saith
               
                 Mat.
                 Westminster
              
               ,
               which
               then
               was
               the
               same
               ,
               as
               by
               
                 Act
                 of
                 Parliament
              
               .
               
               And
               the
               opposing
               such
               a
               Division
               seems
               to
               have
               been
               the
               
                 Crime
                 of
                 Disobedience
              
               ,
               for
               which
               he
               was
               deprived
               by
               the
               Archbishop
               :
               For
               as
               Bede
               observes
               of
               him
               ,
               
                 He
                 first
                 exercised
                 Ecclesiastical
                 Jurisdiction
                 over
                 all
              
               England
               .
               
            
             
               In
               the
               great
               Council
               at
               Be●anceld
               ,
               where
               King
               Withred
               was
               present
               ,
               
                 A.
                 D.
              
               694.
               with
               his
               Nobles
               
                 (
                 Ducibus
                 &
                 Satrapis
                 in
                 unum
                 glomeratis
                 )
                 together
                 with
                 the
                 Clergy
                 :
              
               He
               there
               disowrs
               any
               
                 Ecclesiastical
                 Jurisdiction
              
               ,
               and
               leaves
               it
               to
               the
               Archbishop
               of
               
                 Canterbury
                 ;
                 Metropolitani
                 Episcopi
                 est
                 Ecclesias
                 Dei
                 regere
                 ,
                 gubernare
                 ,
              
               &c.
               and
               then
               follows
               ,
               
                 Presbyteros
                 ,
                 Diaconos
                 eligere
                 ,
                 statuere
                 ,
              
               
               
                 sanctificare
                 ,
                 firmare
                 &
                 amovere
              
               .
               And
               he
               makes
               this
               an
               inviolable
               Law
               ,
               as
               far
               as
               his
               Words
               could
               make
               it
               ,
               
                 Si
                 quis
                 autem
                 Rex
                 post
                 nos
                 levatus
                 in
                 Regnum
                 ,
                 aut
                 Episcopus
                 ,
                 aut
                 Abbas
                 vel
                 Comes
                 ,
                 vel
                 ulla
                 potestas
                 hominum
                 contradicat
                 huic
                 Chartuae
                 ,
                 aut
                 infringere
                 tentaverit
                 ,
                 sciat
                 se
                 sequestratum
                 à
                 Corpore
                 &
                 Sanguine
                 Domini
                 ,
              
               &c.
               
               And
               after
               it
               follows
               ,
               
                 Haec
                 Lex
                 inviolabilis
                 usque
                 ad
                 consummationem
                 Saeculi
                 permaneat
                 ,
              
               &c.
               
            
             
               Mr.
               Prynn
               ,
               out
               of
               his
               old
               Kindness
               to
               the
               
                 Archbishops
                 of
              
               Canterbury
               ,
               in
               his
               vast
               Heap
               of
               Collections
               ,
               would
               have
               this
               rejected
               
               as
               Spurious
               ;
               but
               Sir
               
                 H.
                 Spelman
              
               ,
               whose
               Judgment
               was
               far
               beyond
               the
               others
               ,
               saith
               ,
               
                 He
                 had
                 perused
                 five
                 MSS.
                 of
                 i●
                 ,
                 whereof
                 one
                 was
                 with
                 a
                 mixture
                 of
                 Saxon
                 Letters
                 ,
              
               and
               he
               had
               ●o
               Mistrust
               of
               its
               Sincerity
               .
               And
               the
               Learned
               and
               Judicious
               Editors
               of
               the
               
                 Decem
                 Scriptores
              
               ,
               Sir
               
                 Roger
                 Twisden
              
               and
               Mr.
               Selden
               have
               thought
               fit
               to
               insert
               it
               after
               them
               ,
               out
               of
               a
               MS.
               in
               CCC
               .
               
            
             
             
               But
               Mr.
               P.
               thinks
               ,
               
                 it
                 is
                 contradicted
                 by
                 the
                 Council
                 of
              
               Berghamstead
               ,
               
                 about
                 Ecclesiastical
                 Affairs
                 ,
                 under
                 King
              
               Withred
               :
               But
               I
               can
               find
               nothing
               like
               it
               .
               It
               is
               true
               ,
               there
               are
               Laws
               made
               concerning
               Ecclesiastical
               Matters
               ,
               by
               common
               consent
               of
               the
               
                 King
                 ,
                 the
                 Nobles
                 and
                 Bishops
              
               ;
               but
               the
               very
               first
               is
               
                 Ecclesia
                 libera
                 sit
                 fruaturque
                 suis
                 judiciis
                 ,
              
               &c.
               
            
             
               But
               besides
               ,
               in
               the
               Great
               Council
               at
               Clovesho
               ,
               where
               AEthelbaldus
               ,
               
               King
               of
               Mercia
               ,
               was
               present
               ,
               and
               Cutbert
               ,
               Arch-Bishop
               of
               Canterbury
               ,
               with
               the
               
                 other
                 Bishops
              
               ,
               this
               Charter
               of
               Withred's
               ,
               
               was
               read
               ,
               and
               approved
               ,
               and
               consirmed
               ;
               with
               the
               like
               Sanction
               annexed
               to
               it
               .
            
             
               In
               the
               Council
               at
               
                 Clovesho
                 ,
                 A.
                 C.
              
               787.
               
               The
               extent
               of
               the
               Jurisdiction
               of
               the
               Archbishop
               of
               Canterbury
               was
               very
               much
               lessened
               by
               the
               means
               of
               
                 King
                 Offa
              
               ,
               who
               caused
               another
               Archbishoprick
               to
               be
               set
               up
               in
               Mercia
               ,
               and
               the
               Archbishop
               of
               Canterbury
               gave
               his
               Consent
               ,
               saith
               
                 Matt.
                 Paris
              
               :
               But
               his
               former
               Jurisdiction
               was
               restored
               in
               the
               Council
               of
               
                 Clovesho
                 ,
                 A.
                 D.
              
               803.
               by
               a
               
                 general
                 Consent
              
               .
               But
               in
               the
               former
               Council
               the
               Ecclesiastical
               Jurisdiction
               was
               strenuously
               asserted
               ,
               in
               these
               Words
               ;
               
                 Sicut
                 Reges
              
               
               
                 omnibus
                 dignitatibus
                 praesunt
                 ,
                 ita
                 &
                 Episcopi
                 in
                 his
                 quae
                 ad
                 Deum
                 attinent
                 .
              
               And
               in
               the
               latter
               ,
               there
               is
               a
               severe
               denunciation
               against
               all
               
                 that
                 should
                 lessen
                 the
                 Honour
                 ,
                 or
                 take
                 away
                 the
                 Jurisdiction
              
               
               
                 of
                 that
                 See.
              
               
            
             
               From
               henceforward
               I
               find
               no
               Diminution
               of
               the
               
                 Archbishop's
                 Ordinary
                 Jurisdiction
              
               through
               the
               
                 Saxon
                 times
              
               .
               The
               King
               had
               the
               
                 Political
                 Supremacy
              
               in
               him
               ,
               by
               which
               he
               erected
               and
               divided
               Bishopricks
               ,
               and
               nominated
               Bishops
               ,
               and
               summoned
               Councils
               ,
               and
               confirmed
               their
               Proceedings
               as
               he
               saw
               Cause
               ;
               but
               the
               
                 immediate
                 Ecclesiastical
                 Jurisdiction
              
               was
               left
               to
               the
               Archbishop
               of
               Canterbury
               in
               the
               first
               place
               ,
               and
               to
               the
               rest
               of
               the
               Bishops
               As
               to
               any
               
                 Publick
                 Acts
              
               which
               related
               to
               
                 Ecclesiastical
                 Affairs
              
               ,
               they
               were
               not
               dispatched
               by
               
                 particular
                 Commissions
              
               ,
               but
               in
               the
               
                 Parliamentary
                 Assemblies
              
               ;
               In
               which
               ,
               the
               custom
               was
               ,
               to
               begin
               with
               what
               related
               to
               the
               Church
               ,
               and
               then
               to
               proceed
               to
               other
               Business
               .
               Of
               this
               Ingulphus
               gives
               us
               an
               Instance
               in
               Ceolnothus
               Archbishop
               of
               Canterbury
               ;
               for
               in
               the
               Parliament
               Assembled
               at
               
               
                 Kingsbury
                 ,
                 A.
                 C.
              
               851.
               
                 in
                 Hebdomada
                 Pasch.
              
               (
               which
               was
               chiefly
               assembled
               
                 pro
                 Regni
                 negotiis
              
               )
               yet
               even
               then
               ,
               he
               proposed
               ,
               That
               
                 Church
                 Affairs
                 might
                 be
                 first
                 dispatched
                 ;
                 Divina
                 Negotia
                 debere
                 primitus
                 proponi
              
               ;
               to
               which
               they
               all
               assented
               .
               And
               so
               Bertulphus
               his
               Charter
               of
               Crowland
               then
               passed
               ;
               as
               Withlasius
               his
               did
               before
               ,
               at
               a
               time
               when
               the
               Bishops
               and
               Nobles
               attended
               the
               King
               at
               London
               ,
               to
               consult
               about
               the
               
                 Danish
                 Pyrates
              
               ,
               which
               very
               much
               infested
               our
               Coasts
               .
            
             
               Thus
               AEthelwolfus
               passed
               his
               Famous
               Grant
               of
               
                 the
                 Tenth
                 of
                 all
                 the
                 Lands
                 to
                 the
                 Church
                 ,
                 in
                 a
                 Council
                 at
              
               Winchester
               ;
               himself
               ,
               and
               the
               King●
               of
               Mercia
               and
               East-Angles
               ,
               being
               present
               ,
               and
               
                 all
                 the
                 Nobility
                 and
                 Bishops
                 giving
                 their
                 free
                 Consent
              
               ;
               as
               Ingulphus
               relates
               it
               .
               Several
               others
               might
               be
               produced
               ;
               but
               these
               are
               sufficient
               .
               
               And
               the
               
                 Saxon
                 Laws
              
               are
               a
               plain
               Evidence
               ,
               That
               Church-Matters
               
               were
               in
               those
               times
               determined
               in
               the
               same
               Assemblies
               ,
               wherein
               the
               other
               Laws
               of
               the
               Kingdom
               were
               passed
               .
            
          
           
             
               
                 In
                 the
                 Reign
                 of
                 King
              
               Edward
               
                 the
                 Confessor
              
               .
            
             
               The
               next
               Instance
               is
               of
               Edward
               the
               Confessor
               ,
               who
               saith
               in
               his
               
               Laws
               ,
               That
               
                 he
                 is
                 Vicar
                 of
                 the
                 highest
                 King
                 ,
                 and
                 he
                 is
                 ordained
                 to
                 this
                 end
                 ,
                 that
                 he
                 should
                 Govern
                 and
                 Rule
                 the
                 People
                 of
                 the
                 Land
                 ,
                 and
                 above
                 all
                 things
                 ,
                 the
                 Holy
                 Church
                 ,
                 and
                 that
                 he
                 defend
                 the
                 same
                 from
                 Wrong-doers
                 ,
                 and
                 root
                 out
                 Workers
                 of
                 Mischief
                 .
              
            
             
               
                 F.
                 Parsons
              
               saith
               ,
               
                 All
                 this
                 was
                 by
                 Commission
                 from
                 the
                 Pope
                 ,
                 such
                 as
                 the
                 Kings
                 of
              
               Sicily
               had
               .
            
             
               But
               in
               my
               Opinion
               ,
               this
               is
               a
               very
               bad
               Answer
               :
               For
               it
               supposes
               
               Persons
               otherwise
               uncapable
               ,
               to
               be
               made
               capable
               of
               the
               same
               Jurisdiction
               ,
               which
               follows
               Orders
               ;
               provided
               they
               have
               a
               Delegation
               from
               the
               Pope
               :
               Which
               is
               in
               effect
               ,
               to
               confound
               all
               Ecclesiastical
               Jurisdiction
               in
               any
               ,
               but
               the
               Pope
               himself
               ,
               and
               those
               to
               whom
               he
               commits
               it
               .
               But
               those
               who
               assert
               the
               Right
               of
               Jurisdiction
               to
               follow
               the
               Power
               of
               Order
               ,
               must
               first
               suppose
               a
               Person
               duly
               qualified
               ,
               before
               he
               can
               receive
               from
               the
               Pope
               himself
               the
               Power
               of
               
                 Ecclesiastical
                 Jurisdiction
              
               .
               If
               therefore
               a
               Prince
               hath
               not
               an
               inherent
               Right
               to
               it
               ,
               he
               cannot
               receive
               it
               by
               Commission
               from
               the
               Pope
               .
               And
               the
               Powers
               which
               the
               King
               of
               Sicily
               challenges
               ,
               relating
               to
               Ecclesiastical
               Jurisdiction
               ,
               are
               either
               such
               as
               other
               Princes
               have
               an
               equal
               Right
               to
               ;
               or
               else
               they
               must
               imply
               such
               proper
               
                 Eclesiastical
                 Jurisdiction
              
               as
               follows
               the
               Power
               of
               Order
               ;
               and
               then
               ,
               how
               can
               the
               Pope
               give
               the
               one
               without
               the
               other
               ?
               Such
               a
               Gift
               is
               like
               
                 an
                 Appropriation
                 of
                 a
                 Benefice
                 with
                 a
                 Cure
                 to
                 a
                 Nunnery
                 ,
              
               which
               the
               Lord
               Hobart
               saith
               is
               
                 void
                 in
                 Law
              
               ,
               by
               reason
               of
               the
               incapacity
               of
               the
               Persons
               .
               But
               the
               Supremacy
               
               which
               our
               Law
               gives
               ,
               is
               not
               any
               proper
               
                 immediate
                 spiritual
                 Jurisdiction
              
               ,
               like
               that
               of
               Bishops
               ,
               but
               an
               
                 Authoritative
                 and
                 Legislative
                 Supremacy
                 without
                 any
                 foreign
                 Appeals
                 ,
              
               as
               will
               appear
               afterwards
               .
               But
               the
               Rights
               which
               the
               Kings
               of
               Sicily
               challenge
               ,
               are
               these
               .
               1.
               
               That
               
                 they
                 have
                 the
                 same
                 Powers
                 which
                 Legates
              
               a
               Latere
               
                 have
                 ,
                 and
                 may
                 judge
                 of
                 the
                 same
                 Causes
                 ,
                 and
                 proceed
                 in
                 the
                 same
                 manner
                 with
                 Ecclesiastical
                 Censures
                 .
              
               2.
               
               That
               
                 no
                 Appeal
                 lies
                 from
                 the
                 King's
                 Commissioner
                 ,
                 even
                 to
              
               Rome
               it self
               ;
               and
               it
               is
               common
               to
               appeal
               from
               the
               Censure
               of
               the
               Bishop
               to
               him
               .
               The
               former
               is
               a
               Power
               ,
               which
               our
               Kings
               never
               pretended
               to
               ,
               by
               vertue
               of
               their
               Supremacy
               ;
               for
               it
               is
               a
               Delegation
               of
               the
               
                 Power
                 of
                 the
                 Keys
              
               ;
               which
               the
               Legates
               
                 à
                 Latere
              
               exercise
               by
               vertue
               of
               their
               Function
               ,
               as
               well
               as
               their
               Commission
               :
               But
               the
               
                 Legal
                 Supremacy
              
               with
               us
               ,
               is
               a
               
                 Right
                 to
                 govern
                 all
                 sorts
                 of
                 Men
                 by
                 our
                 own
                 Laws
                 ,
                 without
                 any
                 foreign
                 Jurisdiction
                 ,
                 and
                 that
                 with
                 respect
                 to
                 Ecclesiastical
                 Matters
                 as
                 well
                 as
                 Temporal
                 .
              
            
             
               But
               to
               prevent
               Mistakes
               and
               Cavils
               about
               this
               Matter
               ,
               it
               will
               be
               necessary
               to
               clear
               the
               Notion
               of
               Supremacy
               ;
               as
               it
               hath
               been
               owned
               and
               received
               in
               the
               Church
               of
               England
               .
            
             
             
               And
               for
               this
               we
               have
               two
               Authentic
               Declarations
               of
               it
               to
               rely
               upon
               .
            
             
               The
               first
               is
               mentioned
               ,
               5
               Eliz.
               c.
               1.
               
               §
               .
               14.
               
               Where
               the
               Supremacy
               is
               declared
               to
               be
               taken
               and
               expounded
               in
               such
               form
               as
               is
               set
               forth
               in
               the
               Admonition
               annexed
               to
               the
               
                 Queens
                 Injunctions
              
               published
               in
               the
               first
               year
               of
               her
               Reign
               .
               And
               the
               Words
               there
               are
               ,
               That
               
                 the
                 Queen
                 neither
                 doth
                 nor
                 will
                 challenge
                 any
                 Authority
                 ,
                 but
                 such
                 as
                 was
                 of
                 ancient
                 time
                 due
                 to
                 the
                 Imperial
                 Crown
                 of
                 this
                 Realm
                 ,
                 that
                 is
                 ,
                 under
                 God
                 to
                 have
                 the
                 Sovereignty
                 and
                 Rule
                 over
                 all
                 manner
                 of
                 Persons
                 ,
                 born
                 within
                 these
                 her
                 Realms
                 ,
                 Dominions
                 and
                 Countries
                 ,
                 of
                 what
                 Estates
                 ,
                 either
                 Ecclesiastical
                 or
                 Temporal
                 soever
                 they
                 be
                 ,
                 so
                 as
                 no
                 other
                 foreign
                 Power
                 shall
                 or
                 ought
                 to
                 have
                 any
                 superiority
                 over
                 them
                 .
              
            
             
               The
               Second
               is
               in
               the
               37th
               Article
               ,
               wherein
               it
               is
               declared
               ,
               That
               
                 by
                 the
                 Supremacy
                 is
                 meant
                 ,
                 that
                 only
                 Prerogative
                 which
                 we
                 see
                 to
                 have
                 been
                 always
                 given
                 to
                 all
                 Godly
                 Princes
                 in
                 Holy
                 Scriptures
                 by
                 God
                 himself
                 ,
                 that
                 is
                 ,
                 that
                 they
                 should
                 rule
                 all
                 Estates
                 and
                 Degrees
                 committed
                 to
                 their
                 Charge
                 by
                 God
                 ,
                 whether
                 they
                 be
                 Ecclesiastical
                 or
                 Temporal
                 ,
                 and
                 restrain
                 with
                 the
                 Civil
                 Sword
                 ,
                 the
                 stubborn
                 and
                 evil
                 doers
                 .
              
            
             
               So
               that
               granting
               a
               Commission
               for
               proceeding
               by
               
                 Ecclesiastical
                 Censures
              
               ,
               is
               no
               part
               of
               that
               Supremacy
               which
               our
               Church
               owns
               .
               And
               thus
               the
               Divines
               of
               our
               Church
               have
               understood
               it
               .
               By
               
                 the
                 Supremacy
              
               ,
               saith
               Bishop
               
                 Andrews
                 ,
                 we
                 do
                 not
                 attribute
                 to
                 the
                 King
                 the
                 Power
                 of
                 the
                 Keys
                 ,
                 or
                 Ecclesiastical
                 Censures
                 .
              
               
            
             
               
                 R.
                 Thompson
              
               ,
               in
               his
               Desence
               against
               Becanus
               ,
               saith
               ,
               
                 The
                 Supremacy
                 is
                 not
                 to
                 be
                 defined
                 by
                 Ecclesiastical
                 Jurisdiction
                 ,
                 but
                 by
                 Supream
              
               
               Government
               .
            
             
               Becanus
               urged
               this
               as
               an
               Argument
               against
               the
               Kings
               Supremacy
               ,
               That
               
                 he
                 had
                 no
                 Ecclesiastical
                 Jurisdiction
              
               .
               Dr.
               Burrhil
               answered
               ,
               
               That
               
                 the
                 Supremacy
                 implied
                 many
                 other
                 things
                 ;
                 as
                 ,
                 the
                 Power
                 of
                 calling
                 Convocations
                 ,
                 of
                 confirming
                 Canons
                 ,
                 of
                 giving
                 Commissions
                 of
                 Delegates
                 ,
                 of
                 taking
                 Cognizance
                 of
                 the
                 Misdemeanors
                 of
                 Church-men
                 (
                 as
                 well
                 as
                 others
                 ;
                 )
                 but
                 for
                 proper
                 Ecclesiastical
                 Jurisdiction
                 ,
                 he
                 denies
                 it
                 to
                 belong
                 to
                 Supremacy
                 .
              
               And
               after
               ,
               asserts
               ,
               That
               
                 the
                 King's
                 Supremacy
                 is
                 preserved
                 ,
                 if
                 he
                 takes
                 care
                 that
                 those
                 who
                 have
                 the
                 Power
                 of
                 Ecclesiastical
                 Censures
                 ,
                 do
                 exercise
                 them
              
               ;
               
               and
               not
               as
               though
               it
               belonged
               to
               the
               Supremacy
               to
               give
               an
               immediate
               Power
               to
               proceed
               by
               Ecclesiastical
               Censures
               ;
               which
               was
               not
               supposed
               to
               belong
               to
               it
               ,
               but
               a
               supreme
               Right
               of
               governing
               all
               sorts
               of
               Persons
               by
               our
               Laws
               .
            
             
               
                 The
                 King's
                 Supremacy
                 in
                 Ecclesiastical
                 Matters
                 ,
                 doth
                 not
                 ,
              
               saith
               ,
               
                 Mason
                 ,
                 imply
                 the
                 Power
                 of
                 the
                 Keys
                 ,
                 which
                 the
                 King
                 hath
                 not
              
               ;
               
               
                 but
                 he
                 may
                 command
                 those
                 who
                 have
                 them
                 ,
                 to
                 use
                 them
                 rightly
                 .
              
            
             
               All
               these
               wrote
               in
               King
               James
               I.
               his
               Reign
               ,
               when
               the
               Point
               of
               Supremacy
               was
               throughly
               sifted
               on
               both
               sides
               .
               And
               the
               King
               himself
               ,
               who
               very
               well
               understood
               these
               Matters
               ,
               saith
               ,
               That
               
               
                 the
                 Oath
                 of
                 Supremacy
                 only
                 extended
                 to
                 the
                 King's
                 Power
                 of
                 Judicature
                 ,
                 over
                 all
                 Persons
                 as
                 well
                 Civil
                 as
                 Ecclesiastical
                 ;
                 excluding
                 all
                 foreign
                 Powers
                 and
                 Potentates
                 to
                 be
                 Judges
                 within
                 his
                 Dominions
                 .
              
               
               Not
               as
               though
               the
               King
               hereby
               challenged
               to
               himself
               a
               Power
               of
               inflicting
               
                 Ecclesiastical
                 Censures
              
               on
               Persons
               ;
               but
               leaving
               the
               
                 Spiritual
                 Jurisdiction
              
               to
               those
               who
               have
               
                 the
                 Power
                 of
                 the
                 Keys
              
               ,
               it
               belonged
               to
               him
               to
               exercise
               his
               
                 Supreme
                 Authority
              
               over
               Ecclesiastical
               Persons
               and
               Causes
               ,
               as
               he
               did
               over
               Temporal
               .
               For
               ,
               saith
               Archbishop
               
                 Bramhal
                 ,
                 our
                 Laws
                 never
                 invested
                 the
                 King
                 with
              
               
               
                 any
                 Spiritual
                 Power
                 or
                 Jurisdiction
                 ,
                 witness
                 the
                 Injunctions
                 of
                 Q.
              
               Eliz.
               
                 witness
                 the
                 Publick
                 Articles
                 of
                 Our
                 Church
                 ;
                 witness
                 the
                 Professions
                 of
                 King
              
               James
               ;
               
                 witness
                 all
                 our
                 Statutes
                 themselves
              
               .
            
             
               
                 The
                 King
                 of
              
               England
               ,
               saith
               he
               ,
               
                 by
                 the
                 Fundamental
                 Constitution
              
               
               
                 of
                 the
                 Monarchy
                 ,
                 hath
                 plenary
                 Power
                 ,
                 without
                 the
                 Licence
                 or
                 Help
                 ,
                 or
                 Concurrence
                 of
                 any
                 Foreign
                 Prelate
                 or
                 Potentate
                 ,
                 to
                 render
                 final
                 Justice
                 ,
                 that
                 is
                 ,
                 to
                 receive
                 the
                 last
                 Appeals
                 of
                 his
                 own
                 Subjects
                 ,
                 without
                 any
                 Fear
                 of
                 any
                 Review
                 from
              
               Rome
               ,
               
                 or
                 at
              
               Rome
               ,
               
                 for
                 all
                 Matters
                 Ecclesiastical
                 and
                 Temporal
                 ;
                 Ecclesiastical
                 by
                 his
                 Bishops
                 ,
                 Temporal
                 by
                 his
                 Judges
                 .
              
            
             
               
                 And
                 thus
                 our
                 Laws
                 were
                 in
                 the
                 Right
                 ,
                 when
                 they
                 called
                 the
                 Act
                 of
                 Supremacy
                 ,
                 Restoring
                 the
                 Rights
                 of
                 the
                 Crown
                 ;
                 for
                 if
                 we
                 take
                 away
                 all
                 the
                 Papal
                 Usurpations
                 as
                 to
                 Appeals
                 ,
                 Exemptions
                 of
                 Persons
                 ,
                 Dispensations
                 ,
                 Provisions
                 ,
                 making
                 Canons
                 ,
                 sending
                 Legates
                 to
                 hold
                 Courts
                 ,
                 to
                 call
                 Convocations
                 ,
              
               &c.
               
                 we
                 may
                 easily
                 understand
                 what
                 the
                 Supremacy
                 is
                 ,
              
               viz.
               
                 a
                 Power
                 of
                 Governing
                 all
                 Sorts
                 of
                 Men
                 ,
                 according
                 to
                 the
                 Laws
                 Ecclesiastical
                 and
                 Temporal
                 ,
                 without
                 any
                 Foreign
                 Jurisdiction
                 .
              
            
             
               But
               as
               in
               Temporal
               Matters
               the
               King
               's
               Supreme
               Authority
               is
               exercised
               in
               his
               Ordinary
               Courts
               .
               so
               likewise
               in
               Ecclesiastical
               :
               Which
               deriving
               their
               Jurisdiction
               from
               the
               King
               as
               Supreme
               ,
               his
               Supremacy
               is
               preserved
               in
               the
               ordinary
               Ecclesiastical
               Courts
               ;
               but
               as
               to
               extraordinary
               Jurisdiction
               that
               deper
               ds
               on
               the
               Legislative
               Power
               ;
               And
               whether
               that
               be
               not
               now
               taken
               away
               by
               it
               ,
               is
               the
               thing
               in
               Question
               .
            
             
               Having
               endeavoured
               to
               set
               this
               Matter
               in
               as
               clear
               a
               Light
               as
               I
               could
               ,
               I
               now
               return
               to
               the
               Instance
               of
               
                 Edward
                 the
                 Confessor
              
               .
            
             
               And
               those
               Words
               of
               his
               ,
               as
               they
               are
               in
               Hoveden
               ,
               signifie
               no
               more
               than
               a
               
                 General
                 Right
                 of
                 Protecting
              
               and
               
                 Defending
                 the
                 Church
              
               ,
               which
               is
               not
               denied
               to
               belong
               to
               Kings
               ,
               where
               the
               Pope's
               Authority
               is
               the
               most
               owned
               .
            
             
               I
               cannot
               but
               take
               notice
               of
               a
               different
               Reading
               in
               the
               Lord
               Cokes
               Copy
               ,
               from
               all
               that
               I
               have
               seen
               ;
               for
               where
               he
               hath
               it
               ,
               
                 Sanctam
                 Ecclesiam
                 regat
                 &
                 defendat
                 ;
                 Lambard
                 ,
                 veneretur
                 &
                 reg●t
              
               ;
               but
               
                 Hoveden
                 ,
                 revereatur
                 &
                 ab
                 injuriatoribus
                 defendat
                 :
              
               Which
               is
               that
               
                 Right
                 of
                 Protection
              
               which
               is
               allowed
               by
               all
               .
               The
               
                 Spanish
                 Lawyers
              
               hold
               ,
               
                 That
                 there
                 lies
                 an
                 Appeal
                 to
                 the
                 Kings
                 Courts
                 ,
                 by
                 his
              
               
               
                 Right
                 of
                 Protection
                 ,
                 in
                 Case
                 of
                 any
                 violent
                 Proceedings
                 in
                 the
                 Ecclesiastical
                 Courts
                 .
              
               Which
               Violences
               are
               so
               many
               ,
               as
               make
               such
               Appeals
               so
               frequent
               and
               necessary
               ,
               that
               whole
               Volumes
               have
               been
               written
               about
               them
               .
               And
               this
               they
               say
               ,
               
                 Is
                 not
                 Introductory
                 of
                 a
                 New
                 Law
                 ,
                 but
                 only
                 declaratory
                 of
                 a
                 Natural
                 Right
                 .
              
               The
               
               
                 French
                 Lawyers
              
               allow
               Appeals
               from
               the
               
                 Ecclesiastical
                 Courts
                 ,
                 tanquam
                 ab
                 abusu
              
               ;
               which
               must
               be
               founded
               on
               an
               
                 Original
                 Right
              
               in
               
               the
               King
               ,
               to
               defend
               the
               Church
               both
               from
               Injuries
               and
               Abuses
               .
               And
               as
               to
               the
               Church
               it self
               ,
               it
               is
               fully
               expressed
               in
               the
               Writ
               de
               
               
                 Excommunicato
                 capiendo
              
               ,
               in
               these
               Words
               ,
               
                 Quia
                 vero
                 Potestas
                 Regia
                 Sacrosanctae
                 Ecclesiae
                 in
                 querelis
                 suis
                 deesse
                 non
                 debet
                 .
              
               But
               such
               a
               Right
               of
               Protection
               and
               Assistance
               is
               different
               from
               that
               of
               Jurisdiction
               ;
               unless
               it
               be
               that
               which
               is
               only
               Coactive
               ;
               which
               is
               not
               the
               Jurisdiction
               we
               now
               enquire
               into
               .
            
             
               But
               it
               is
               most
               considerable
               that
               King
               Edward
               saith
               ,
               
                 He
                 is
                 God's
                 Vicar
                 ,
                 and
                 therefore
                 could
                 not
                 look
                 on
                 himself
                 as
                 acting
                 by
                 Commission
                 from
                 the
                 Pope
                 .
              
               It
               is
               true
               ,
               that
               in
               the
               third
               Charter
               of
               Westminster
               there
               is
               a
               Bull
               of
               Nicholas
               the
               Second
               ,
               wherein
               he
               
                 gives
                 to
                 the
                 King
                 and
                 his
                 Successors
                 the
                 Protection
                 and
                 Defence
                 of
                 that
                 Place
                 ,
                 and
                 of
                 all
                 the
                 Churches
                 of
              
               England
               ,
               
                 and
                 a
                 Power
                 ,
                 in
                 his
                 stead
                 to
                 make
                 good
                 Laws
                 ,
                 with
                 the
                 Advice
                 of
                 the
                 Bishops
                 and
                 Abbots
                 :
              
               But
               I
               do
               not
               find
               that
               King
               Edward
               owned
               that
               he
               acted
               in
               these
               Matters
               by
               any
               Commission
               from
               the
               Pope
               ,
               but
               from
               God
               himself
               :
            
             
               And
               this
               Law
               ,
               in
               Hoveden
               and
               others
               overthrows
               any
               such
               pretended
               Commission
               ;
               And
               yet
               the
               Pope
               himself
               doth
               not
               give
               him
               a
               Power
               to
               delegate
               his
               Authority
               to
               others
               ,
               but
               to
               act
               in
               it
               himself
               ,
               and
               that
               
                 only
                 with
                 the
                 Advice
                 of
                 Bishops
                 and
                 Abbots
                 .
              
            
             
               The
               Point
               then
               which
               was
               to
               be
               proved
               ,
               was
               not
               that
               the
               King
               had
               a
               Right
               to
               protect
               the
               Church
               from
               Injuries
               ;
               but
               such
               an
               
                 Inherent
                 Right
              
               of
               
                 Ecclesiastical
                 Jurisdiction
              
               ,
               which
               he
               might
               delegate
               to
               others
               ,
               whether
               
                 Bishops
                 or
                 not
              
               ,
               and
               impower
               them
               to
               proceed
               by
               
                 Ecclesiastical
                 Censures
              
               against
               Offenders
               ,
               summoned
               to
               appear
               before
               them
               .
               And
               the
               Question
               now
               is
               not
               ,
               Whether
               by
               the
               
                 Supreme
                 Legislative
                 Power
                 of
                 the
                 Nation
              
               such
               an
               Authority
               might
               not
               in
               an
               extraordinary
               Case
               be
               Committed
               to
               particular
               Persons
               
                 by
                 Act
                 of
                 Parliament
              
               ;
               but
               Whether
               such
               an
               
                 Act
                 of
                 Parliament
              
               being
               granted
               to
               be
               taken
               away
               ,
               the
               King
               by
               the
               
                 Ancient
                 Law
                 of
                 the
                 Realm
              
               may
               appoint
               such
               Commissioners
               ,
               as
               he
               thinks
               fit
               ,
               Laymen
               or
               Bishops
               ,
               to
               proceed
               against
               the
               King's
               Subjects
               by
               
                 Ecclesiastical
                 Censures
              
               ?
            
             
               And
               this
               very
               stating
               of
               the
               Case
               ,
               as
               it
               ought
               to
               be
               ,
               shews
               how
               impertinent
               the
               remainder
               of
               his
               Examples
               are
               .
               But
               to
               proceed
               .
            
          
           
             
               
                 In
                 the
                 Reign
                 of
                 King
              
               William
               
                 the
                 First
              
               .
            
             
               In
               the
               time
               of
               
                 William
                 the
                 Conqueror
              
               ,
               he
               only
               mentions
               a
               Case
               out
               of
               
                 Fitz-Herbert
                 ,
                 That
                 he
                 made
                 an
                 Appropriation
                 of
                 Churches
                 with
                 Cure
                 to
                 Ecclesiastical
                 Persons
                 ,
              
               viz.
               
                 to
                 a
                 Prebend
                 of
                 the
                 Church
                 of
              
               York
               ;
               
                 now
                 this
              
               ,
               saith
               he
               ,
               
                 was
                 agreed
                 by
                 all
                 could
                 not
                 be
                 done
                 without
                 Ecclesiastical
                 Jurisdiction
                 .
              
            
             
               It
               is
               too
               common
               a
               Fault
               in
               some
               great
               Lawyers
               ,
               that
               what
               they
               find
               once
               setled
               for
               Law
               in
               their
               Books
               ,
               they
               imagine
               was
               never
               otherwise
               .
               Thus
               Appropriations
               after
               Diocesses
               were
               setled
               ,
               being
               looked
               on
               ,
               as
               chiefly
               the
               Act
               of
               the
               Ordinary
               ,
               who
               is
               to
               take
               Care
               of
               the
               whole
               Diocess
               ;
               From
               hence
               they
               infer
               ,
               That
               in
               all
               Times
               an
               Appropriation
               must
               argue
               
                 Ecclesiastical
                 Jurisdiction
              
               .
               
               But
               before
               the
               
                 Parochial
                 Rights
              
               were
               established
               ,
               there
               were
               many
               
                 Volantary
                 Appropriations
              
               made
               by
               particular
               Persons
               ,
               who
               thought
               there
               was
               no
               more
               Ecclesiastical
               Jurisdiction
               in
               the
               Appropriation
               of
               Churches
               ,
               than
               in
               the
               Endowments
               of
               them
               ,
               and
               in
               the
               Right
               of
               Patronage
               ;
               only
               the
               one
               is
               setled
               on
               a
               
                 Spiritual
                 Corporation
              
               ,
               as
               
                 perpetual
                 Incumbent
              
               ;
               and
               the
               other
               on
               
                 particular
                 Persons
                 in
                 Succession
              
               .
               It
               s
               true
               ,
               since
               the
               Acts
               for
               restoring
               Jurisdiction
               to
               the
               Crown
               ,
               the
               Power
               of
               
                 making
                 Appropriations
              
               in
               the
               King
               ,
               is
               said
               to
               be
               from
               his
               
                 Supreme
                 Ecclesiastical
                 Authority
              
               ,
               Grindon's
               Case
               ,
               in
               
                 Pl.
                 f.
              
               448.
               
               But
               then
               we
               are
               told
               ,
               
                 It
                 was
                 because
                 the
                 Pope
                 ,
                 as
                 Supreme
                 Ordinary
                 ,
                 had
                 such
                 a
                 Power
                 without
                 the
                 Bishops
              
               ;
               which
               Reason
               will
               not
               hold
               as
               to
               such
               Times
               when
               the
               Pope
               was
               not
               owned
               to
               be
               
                 Supreme
                 Ordinary
              
               ,
               as
               he
               was
               not
               in
               the
               
               Conqueror's
               Time
               ,
               the
               Canon-Law
               not
               being
               then
               received
               in
               England
               .
            
             
               But
               what
               a
               mean
               Proof
               is
               this
               in
               such
               a
               busie
               Time
               as
               that
               of
               
                 William
                 the
                 Frst
              
               ,
               when
               so
               many
               great
               Churchmen
               were
               deprived
               of
               their
               Bishopricks
               ,
               being
               English
               ,
               and
               the
               Normans
               put
               in
               their
               Places
               ?
               Was
               this
               done
               by
               any
               Commission
               from
               William
               to
               his
               Great
               Lords
               and
               others
               ,
               to
               proceed
               against
               them
               by
               
                 Ecclesiastical
                 Censures
              
               ?
               nothing
               like
               it
               .
               Stigand
               ,
               Archbishop
               of
               Canterbury
               ,
               (
               if
               
               Spot's
               Story
               be
               true
               )
               was
               too
               great
               a
               Friend
               to
               the
               
                 English
                 Liberties
              
               to
               be
               endured
               by
               him
               :
               But
               he
               was
               too
               great
               a
               Dissembler
               to
               seem
               to
               have
               any
               thing
               to
               do
               in
               it
               himself
               ;
               and
               therefore
               knowing
               he
               was
               of
               the
               opposite
               Party
               to
               the
               prevailing
               Pope
               ,
               he
               privatly
               sends
               to
               him
               ,
               To
               send
               a
               Legate
               for
               that
               Purpose
               (
               wherein
               the
               Pope
               and
               He
               had
               their
               several
               Ends
               )
               ;
               and
               then
               in
               
                 Parliament
                 Time
              
               ,
               the
               King
               keeping
               his
               Easter
               at
               
                 Winchester
                 ,
                 Stigand
              
               was
               deposed
               ,
               and
               Agilmarus
               ,
               Bishop
               of
               the
               
                 East
                 Angles
              
               ,
               and
               several
               others
               ,
               
                 without
                 any
                 evident
                 Reason
              
               ,
               saith
               
                 Hoveden
                 ,
                 but
                 only
                 to
                 make
                 way
                 for
                 the
                 Normans
                 :
              
               This
               was
               in
               
                 Concilio
                 Magno
              
               ,
               saith
               he
               and
               the
               rest
               ,
               for
               Easter
               was
               one
               of
               
               the
               three
               Seasons
               ,
               for
               the
               
                 Parliamentary
                 Meeting
              
               ,
               in
               the
               Year
               ;
               which
               William
               kept
               up
               ,
               in
               Imitation
               of
               the
               Saxons
               ,
               who
               at
               
                 Christmas
                 ,
                 Easter
              
               and
               Pentecost
               held
               their
               
                 Publick
                 Courts
              
               ,
               and
               did
               wear
               their
               Crowns
               till
               the
               Times
               of
               H.
               2.
               and
               then
               they
               did
               dispatch
               Publick
               Affairs
               :
               Thus
               far
               he
               complied
               with
               the
               
                 Saxon
                 Customs
              
               ;
               but
               he
               had
               a
               new
               Work
               to
               do
               :
               The
               Archbishop
               he
               could
               not
               rely
               upon
               ,
               and
               therefore
               was
               put
               to
               find
               out
               a
               new
               way
               ,
               by
               sending
               for
               a
               Legate
               from
               the
               Pope
               to
               serve
               his
               turn
               .
               And
               thus
               William
               ,
               for
               his
               own
               Ends
               ,
               having
               so
               hard
               a
               Game
               to
               play
               here
               ,
               called
               in
               the
               
                 Pope's
                 Assistance
              
               ;
               who
               knew
               well
               enough
               how
               to
               draw
               his
               own
               Advantage
               out
               of
               it
               .
               But
               William
               would
               go
               no
               further
               than
               his
               Interest
               carried
               him
               ;
               for
               afterwards
               he
               declared
               ,
               
                 That
                 he
                 would
                 maintain
                 his
                 own
                 Rights
                 ,
                 which
                 he
                 enjoyed
                 in
              
               Normandy
               ,
               viz.
               
                 That
                 nothing
                 should
                 be
                 done
                 without
              
               
               
                 him
                 in
                 Convocation
                 ;
                 no
                 Legate
                 come
                 but
                 as
                 he
                 pleased
                 ,
              
               &c.
               
               But
               still
               he
               seemed
               to
               let
               them
               enjoy
               their
               
                 Saxon
                 Liberties
              
               in
               Matters
               of
               Ecclesiastical
               Proceedings
               ,
               so
               far
               as
               to
               have
               them
               debated
               
                 in
                 Parliament
              
               .
               Thus
               the
               Controversie
               between
               the
               two
               Archbishops
               
               was
               referred
               to
               
                 Parliament
                 ,
                 the
                 King
                 and
                 the
                 Great
                 Men
                 ,
                 as
                 well
              
               
               
                 as
                 the
                 Bishops
                 being
                 present
              
               .
               The
               Controversie
               between
               Lanfrank
               ,
               Archbishop
               of
               Canterbury
               and
               Odo
               ,
               Bishop
               of
               Baieux
               was
               referred
               ,
               saith
               Eadmerus
               ,
               to
               a
               
                 Conventus
                 Principum
              
               at
               Pinnedenen
               ;
               
               and
               when
               the
               King
               heard
               their
               Resolution
               ,
               
                 cum
                 consensu
                 omnium
                 Principum
                 suorum
                 confirmavit
                 ,
              
               saith
               the
               
                 Textus
                 Roffensis
              
               .
               He
               likewise
               confirmed
               Charters
               as
               the
               Saxons
               had
               done
               ;
               that
               to
               Battel
               
               Abby
               was
               
                 Consilio
                 Episcoporum
                 &
                 Baronum
                 meorum
              
               .
               But
               the
               most
               considerable
               thing
               he
               did
               ,
               as
               to
               
                 Ecclesiastical
                 Jurisdiction
              
               ,
               was
               separating
               the
               
                 Courts
                 Ecclesiastical
              
               from
               the
               
                 Hundred
                 Courts
              
               ,
               by
               his
               Charter
               to
               Remigius
               and
               others
               ;
               which
               ,
               he
               saith
               ,
               
                 was
                 granted
                 in
                 a
                 great
                 Council
                 ,
                 and
                 by
                 the
                 Advice
                 of
                 the
                 Archbishops
                 ,
                 Bishops
                 and
                 all
                 the
                 Great
                 Men
                 of
                 his
                 Kingdom
                 :
              
               So
               that
               still
               extraordinary
               Acts
               relating
               to
               Church
               Matters
               were
               passed
               in
               Parliament
               by
               
                 General
                 consent
              
               .
            
             
               And
               what
               now
               doth
               the
               
                 Appropriation
                 of
                 a
                 Church
                 with
                 a
                 Cure
                 of
                 Souls
              
               signifie
               to
               prove
               his
               
                 Ecclesiastical
                 Jurisdiction
              
               ?
               When
               those
               things
               in
               his
               Time
               were
               not
               brought
               under
               such
               strict
               Rules
               as
               they
               were
               afterwards
               ;
               but
               Appropriation
               might
               have
               been
               made
               by
               any
               
                 Lay
                 Person
              
               ,
               that
               never
               pretended
               to
               the
               least
               
                 Ecclesiastical
                 Jurisdiction
              
               ;
               and
               he
               might
               as
               well
               have
               brought
               his
               demolishing
               so
               many
               Churches
               in
               the
               
                 New
                 Forest
              
               ,
               for
               an
               Instance
               of
               his
               
                 Ecclesiastical
                 Jurisdiction
              
               .
            
          
           
             
               
                 In
                 the
                 Reign
                 of
              
               William
               
                 the
                 Second
              
               .
            
             
               In
               
                 William
                 Rufus
              
               his
               time
               ,
               a
               great
               Heat
               arose
               between
               him
               and
               Anselm
               Archbishop
               of
               Canterbury
               ,
               about
               owning
               the
               Pope
               ,
               Whether
               the
               Archbishop
               could
               do
               it
               without
               the
               King's
               Consent
               ?
               the
               Business
               was
               referred
               
                 to
                 Parliament
              
               ,
               which
               the
               King
               called
               on
               purpose
               at
               Rockingham
               ,
               saith
               Eadmerus
               ,
               who
               was
               there
               present
               ;
               
               
                 The
                 Bishops
                 declared
                 they
                 could
                 not
                 deprive
                 him
                 (
                 as
                 the
                 King
                 would
                 have
                 had
                 them
                 )
                 to
                 whom
                 they
                 had
                 promised
                 Obedience
                 .
              
               After
               
               which
               it
               was
               again
               referred
               to
               Parliament
               ;
               but
               Anselm
               not
               yielding
               ,
               he
               went
               out
               of
               the
               Land.
               
            
          
           
             
               
                 In
                 the
                 Reign
                 of
                 King
              
               Henry
               
                 the
                 First
              
               .
            
             
               In
               the
               Reign
               of
               Henry
               the
               First
               a
               new
               Controversie
               arose
               between
               the
               King
               and
               the
               same
               Archbishop
               ,
               about
               the
               Ancient
               Right
               of
               the
               Crown
               as
               to
               
                 Investiture
                 of
                 Bishops
              
               ;
               the
               King
               calls
               a
               
                 Parliament
                 about
                 it
              
               ,
               wherein
               the
               
                 Bishops
                 and
                 Lords
                 joyned
                 with
                 the
                 King
              
               ;
               afterwards
               Anselm
               desired
               ,
               
                 The
                 Advice
                 of
                 the
                 Bishops
              
               
               
                 and
                 Nobles
                 might
                 be
                 heard
                 at
              
               Easter
               ;
               which
               shews
               that
               both
               
               Sides
               referred
               it
               to
               the
               Parliament
               .
               
            
             
               In
               his
               Time
               a
               Council
               was
               called
               ,
               and
               several
               Canons
               passed
               ,
               and
               the
               Archbishop
               desired
               of
               the
               King
               ,
               That
               the
               
                 Primates
                 Regni
              
               might
               sit
               with
               them
               ;
               that
               all
               things
               might
               pass
               utriusque
               
               
                 Ordinis
                 concordi
                 cura
              
               ,
               with
               
                 the
                 Consent
                 of
                 both
                 Estates
              
               .
               The
               King
               afterwards
               takes
               the
               Advantage
               of
               these
               Canons
               ,
               and
               prosecutes
               
               the
               Breakers
               of
               them
               ,
               and
               raises
               Money
               upon
               Pretence
               of
               Forfeitures
               ,
               
               to
               the
               great
               Grievance
               of
               the
               Clergy
               .
               Anselm
               although
               then
               in
               Disfavour
               ,
               writes
               to
               the
               King
               about
               it
               ;
               and
               tells
               him
               ,
               This
               was
               a
               new
               Method
               of
               Proceeding
               ,
               
                 because
                 it
                 belonged
                 to
                 the
                 Bishops
                 in
                 their
                 Diocesses
                 to
                 call
                 the
                 Clergy
                 to
                 an
                 Account
              
               ;
               or
               if
               they
               neglected
               ,
               
                 to
                 the
                 Archbishop
                 and
                 Primate
              
               .
               The
               
               King
               Answers
               ,
               
                 That
                 his
                 Barons
                 were
                 to
                 meet
                 him
                 on
              
               Ascension-day
               ,
               
                 and
                 by
                 their
                 Advice
                 he
                 would
                 give
                 an
                 Answer
              
               ;
               but
               upon
               Anselms
               
               Return
               this
               Prosecution
               ceased
               .
               Other
               Affairs
               of
               the
               Church
               were
               then
               referred
               to
               the
               
                 Parliament
                 at
                 Easter
              
               ,
               from
               thence
               to
               Pentecost
               ,
               and
               by
               reason
               of
               
               Anselm's
               Sickness
               to
               August
               ;
               and
               
                 then
                 the
                 Bishops
                 ,
                 Abbots
                 and
                 Lords
                 of
                 the
                 Kingdom
                 ,
                 met
              
               
               
                 in
                 the
                 King's
                 Palace
                 at
              
               London
               ,
               
                 and
                 by
                 Consent
                 of
                 Parliament
                 ,
                 Investiture
                 was
                 turned
                 into
                 Homage
                 .
              
            
             
               In
               his
               time
               the
               
                 Bishoprick
                 of
                 Ely
              
               was
               erected
               by
               the
               King's
               Consent
               
               in
               Parliament
               ,
               
                 Regi
                 ,
                 Archiepiscopo
                 ,
                 caeterisque
                 Principibus
                 Regni
                 visum
                 fuit
                 ,
              
               saith
               Eadmerus
               .
               The
               Consecration
               of
               an
               elect
               Archbishop
               of
               York
               ,
               was
               transacted
               in
               Parliament
               ,
               
                 the
                 King
                 advising
                 with
                 the
                 Bishops
                 and
                 Nobles
                 about
                 it
              
               ;
               for
               Anselm
               ,
               before
               his
               Death
               
               had
               sent
               an
               Inhibition
               to
               the
               Bishops
               ,
               Not
               to
               consecrate
               him
               unless
               he
               made
               the
               Profession
               of
               Obedience
               to
               the
               Archbishop
               of
               Canterbury
               :
               The
               Bishops
               resolved
               to
               adhere
               to
               
               Anselm's
               Inhibition
               ,
               and
               the
               King
               yielded
               .
               After
               
               Anselm's
               Death
               ,
               the
               King
               advised
               with
               his
               Parliament
               ,
               at
               Windsor
               ,
               about
               a
               Successor
               to
               him
               ;
               and
               the
               Bishop
               of
               Rochester
               ,
               at
               the
               Request
               of
               the
               Bishops
               ,
               
               was
               agreed
               upon
               :
               And
               the
               King
               filled
               the
               Abbies
               before
               he
               went
               into
               
                 Normandy
                 ,
                 consisto
                 Principum
                 &
                 Episcoporum
                 suorum
                 .
              
               
            
             
               In
               the
               latter
               End
               of
               Henry
               the
               First
               many
               Disputes
               hapned
               about
               
                 Ecclesiastical
                 Jurisdiction
              
               ,
               as
               between
               the
               Bishops
               of
               S.
               Davids
               and
               Glamorgan
               which
               were
               debated
               
                 in
                 magno
                 Placito
                 apud
                 London
              
               ,
               saith
               Henry
               of
               Huntingdon
               :
               And
               
                 for
                 such
                 Causes
              
               ,
               saith
               
               he
               ,
               
                 another
                 Assembly
                 was
                 held
                 in
                 the
                 beginning
                 of
              
               Lent
               ,
               
                 and
                 again
                 in
              
               Rogation
               Week
               .
            
             
               In
               all
               this
               time
               ,
               when
               the
               
                 Norman
                 Kings
              
               asserted
               all
               the
               Rights
               of
               Sovereignty
               with
               great
               Zeal
               ,
               yet
               they
               never
               pretended
               to
               appoint
               any
               Commissioners
               for
               
                 Ecclesiastical
                 Causes
              
               ,
               but
               still
               referred
               them
               to
               Parliaments
               .
            
          
           
             
               
                 In
                 the
                 Reign
                 of
                 King
              
               Henry
               
                 the
                 Third
              
               .
            
             
               The
               next
               Instance
               the
               Lord
               Coke
               brings
               ,
               falls
               as
               low
               as
               the
               
                 Time
                 of
              
               Henry
               
                 the
                 Third
              
               .
               The
               first
               whereof
               is
               ,
               
                 the
                 King
                 's
                 granting
                 a
                 Writ
                 of
                 Prohibition
                 ,
                 if
                 any
                 man
                 sued
                 in
                 the
                 Ecclesiastical
                 Court
                 for
                 any
                 thing
                 of
                 which
                 by
                 Allowance
                 and
                 Custom
                 ,
                 it
                 had
                 not
                 lawful
                 Cognizance
                 .
              
               But
               how
               doth
               the
               
                 King's
                 Power
              
               of
               
                 granting
                 Prohibitions
              
               ,
               prove
               his
               
                 Ecclesiastical
                 Jurisdiction
              
               ?
               It
               effectually
               proves
               the
               
                 King
                 's
                 Right
              
               to
               preserve
               
                 his
                 Crown
                 and
                 Dignity
              
               ,
               as
               the
               Prohibition
               implies
               ;
               but
               how
               doth
               it
               hence
               appear
               that
               the
               
                 Ecclesiastical
                 Jurisdiction
              
               comes
               from
               his
               
                 Crown
                 and
                 Dignity
              
               ?
               The
               contrary
               seems
               rather
               to
               follow
               ,
               viz.
               That
               
                 the
                 Ecclesiastical
                 Courts
              
               were
               held
               from
               another
               Power
               ;
               but
               all
               Matters
               of
               
               Temporal
               Cognizance
               did
               belong
               to
               the
               Crown
               .
               There
               is
               no
               Question
               but
               since
               the
               Acts
               for
               restoring
               Jurisdiction
               to
               the
               Crown
               ,
               the
               supream
               Jurisdsction
               both
               in
               the
               
                 Ecclesiastical
                 and
                 Civil
                 Courts
              
               ,
               is
               derived
               from
               the
               Crown
               .
               And
               in
               whose-soever
               Names
               the
               Courts
               are
               kept
               ,
               the
               Authority
               of
               keeping
               them
               is
               from
               the
               King.
               For
               it
               is
               declared
               by
               Act
               of
               Parliament
               ,
               1
               Eliz.
               1.
               17.
               
               
                 That
                 all
                 Ecclesiastical
                 Power
                 is
                 united
                 and
                 annexed
                 to
                 the
                 Imperial
                 Crown
                 of
                 this
                 Realm
              
               ;
               which
               all
               Bishops
               do
               own
               ,
               
                 in
                 taking
                 the
                 Oath
                 of
                 Supremacy
              
               ;
               and
               therefore
               the
               old
               Form
               continuing
               ,
               can
               signifie
               nothing
               against
               the
               
                 Law
                 of
                 this
                 Realm
              
               and
               their
               own
               Oaths
               .
               But
               as
               long
               as
               the
               main
               Points
               were
               secured
               by
               the
               Laws
               ,
               there
               was
               no
               necessity
               apprehended
               of
               altering
               the
               Forms
               ;
               for
               ,
               on
               the
               other
               side
               ,
               it
               was
               objected
               ,
               that
               since
               the
               Laws
               had
               placed
               all
               Jurisdiction
               in
               the
               Crown
               ,
               it
               seemed
               as
               unreasonable
               to
               continue
               the
               old
               Form
               of
               Prohibitions
               
                 in
                 laesionem
                 Coronae
                 &
                 Dignitatis
                 Regiae
              
               ;
               how
               can
               this
               be
               ,
               say
               they
               ,
               when
               the
               
                 Jurisdiction
                 Ecclesiastical
              
               as
               well
               as
               Civil
               ,
               is
               owned
               to
               be
               from
               the
               Crown
               ?
               It
               is
               said
               in
               Answer
               ,
               That
               ,
               
                 a
                 Prohibition
                 implies
                 that
                 the
                 thing
                 is
                 drawn
                 into
              
               aliud
               Examen
               than
               it
               ought
               to
               be
               ,
               and
               this
               is
               
                 contra
                 Coronam
                 &
                 Dignitatem
                 Regiam
              
               .
               Why
               not
               then
               as
               well
               when
               an
               
                 Ecclesiastical
                 original
                 Cause
              
               ,
               is
               brought
               into
               a
               
                 Temporal
                 Court
              
               ?
               for
               that
               is
               
                 aliud
                 Examen
              
               then
               ,
               by
               Confession
               on
               that
               side
               ;
               and
               if
               
                 Ecclesiastical
                 Jurisdiction
              
               be
               derived
               from
               the
               Crown
               ,
               the
               
                 aliud
                 Examen
              
               must
               relate
               only
               to
               
                 the
                 Court
              
               ,
               and
               not
               to
               
                 the
                 Crown
              
               .
               All
               that
               I
               infer
               from
               hence
               is
               ,
               that
               the
               old
               Forms
               were
               thought
               fit
               to
               be
               continued
               ;
               &
               both
               Parties
               reconciled
               them
               as
               well
               as
               they
               could
               to
               the
               Laws
               in
               force
               .
               But
               the
               Judges
               
               confessed
               ,
               That
               
                 although
                 de
                 jure
                 both
                 the
                 Jurisdictions
                 were
                 ever
                 in
                 the
                 Crown
                 ,
                 yet
                 the
                 one
                 was
                 sometimes
                 usurped
                 by
                 the
                 See
                 of
              
               Rome
               ,
               which
               is
               a
               plain
               acknowledgment
               ,
               that
               by
               the
               Matters
               of
               Fact
               in
               those
               times
               ,
               the
               Right
               could
               not
               be
               proved
               ;
               and
               especially
               in
               the
               times
               of
               H.
               3.
               when
               the
               Popes
               Usurpations
               here
               ,
               were
               at
               so
               great
               a
               height
               ,
               that
               the
               King
               upon
               Writs
               of
               Enquiry
               sent
               into
               the
               several
               Counties
               ,
               found
               ,
               That
               
                 the
                 Revenues
                 of
                 the
                 Roman
                 Court
                 ,
                 by
                 Provisions
                 ,
                 Extortions
                 ,
              
               &c.
               
                 exceeded
                 the
                 Kings
              
               .
               And
               the
               
               King
               had
               so
               little
               Authority
               left
               ,
               that
               the
               Pope
               put
               Bishops
               upon
               him
               
                 Rege
                 penitus
                 irrequisito
              
               ,
               saith
               
                 Matt.
                 Westm.
              
               so
               that
               he
               was
               so
               far
               from
               
                 Ecclesiastical
                 Jurisdiction
              
               ,
               that
               he
               had
               not
               the
               Nomination
               of
               his
               Bishops
               ,
               nor
               so
               much
               as
               a
               Consent
               to
               their
               Election
               ,
               unless
               the
               Pope
               thought
               fit
               sometimes
               to
               gratifie
               him
               in
               it
               .
               For
               the
               Pope
               pretended
               to
               the
               Right
               of
               Disposal
               of
               
                 Church
                 Preferments
              
               ,
               by
               Vertue
               of
               his
               
                 Ordinary
                 Jurisdiction
              
               ,
               which
               was
               said
               to
               be
               twofold
               .
               1.
               
               Voluntary
               ,
               in
               the
               Collation
               of
               Benefices
               .
               2.
               
               Judicial
               ,
               in
               the
               hearing
               of
               Causes
               ;
               the
               former
               might
               be
               done
               at
               Rome
               ,
               but
               the
               other
               in
               the
               
                 Ordinary
                 Ecclesiastical
                 Courts
              
               .
               And
               
               Bracton
               ,
               who
               was
               a
               Judge
               in
               his
               time
               ,
               owns
               the
               Pope
               as
               much
               to
               have
               
                 the
                 Ecclesiastical
                 Jurisdiction
              
               ,
               as
               the
               King
               had
               the
               Temporal
               ;
               but
               yet
               he
               adds
               ,
               That
               ,
               
                 if
                 an
                 Ecclesiastical
                 Judge
                 did
                 meddle
                 with
                 Matters
                 out
                 of
                 their
                 Cognizance
                 ,
                 the
                 King's
                 Prohibition
                 did
                 lye
                 against
                 him
                 ,
                 and
                 he
                 ought
                 to
                 supersede
                 his
                 Proceedings
                 till
                 it
                 
                 were
                 tryed
                 in
                 the
                 King's
                 Court
                 ,
                 to
                 whom
                 the
                 Jurisdiction
                 belonged
                 .
              
               But
               it
               is
               still
               harder
               to
               prove
               
                 the
                 King's
                 Ecclesiastical
                 Jurisdiction
                 ,
                 because
                 the
                 Spiritual
                 Courts
                 were
                 to
                 certifie
                 the
                 Kings
                 Courts
                 ,
                 in
                 case
                 of
                 Bigamy
                 ,
                 Bastardy
                 ,
                 and
                 such
                 like
                 .
              
               For
               the
               Question
               is
               not
               about
               their
               
                 Temporal
                 Subjection
              
               to
               the
               King
               in
               signifying
               the
               
                 Sentence
                 of
                 the
                 Court
              
               ,
               but
               whence
               they
               derived
               their
               Authority
               of
               holding
               the
               
                 Ecclesi
                 astical
                 Courts
              
               ;
               over
               which
               ,
               Bracton
               saith
               
                 the
                 Pope
                 had
                 the
                 ordinary
                 Jurisdiction
                 ,
                 &
                 the
                 Power
                 to
                 delegate
                 others
                 to
                 execute
                 it
                 .
              
            
             
               What
               doth
               it
               signifie
               to
               the
               
                 Kings
                 Ecclesiastical
                 Jurisdiction
                 ,
                 that
                 the
                 Barons
                 of
              
               England
               
                 would
                 not
                 receive
                 that
                 part
                 of
                 the
                 Canon
                 Law
                 which
                 concerned
                 the
                 Legitimation
                 of
                 Children
                 born
                 before
                 Wedlock
                 ?
              
               For
               it
               depended
               upon
               the
               
                 Barons
                 Consent
              
               ,
               Whether
               a
               Canon
               of
               the
               Church
               should
               be
               made
               
                 the
                 Law
                 of
                 the
                 Land
              
               concerning
               
                 the
                 Rights
                 of
                 Inheritance
              
               .
            
          
           
             
               
                 In
                 the
                 Reign
                 of
                 King
              
               Edward
               I.
               
            
             
               In
               the
               Time
               of
               Ed.
               I.
               we
               may
               expect
               some
               brisker
               Sallies
               towards
               the
               Kingdoms
               Deliverance
               from
               the
               
                 Popes
                 Usurpations
              
               ,
               which
               were
               thought
               so
               intolerable
               even
               by
               the
               
                 Monkish
                 Historians
              
               ,
               in
               his
               Fathers
               Reign
               .
            
             
               What
               
                 that
                 Bull
              
               was
               ,
               
                 the
                 bringing
                 whereof
                 the
                 Law-Books
                 say
                 ,
                 was
                 then
                 adjudged
                 Treason
                 ,
              
               it
               would
               have
               been
               worth
               our
               while
               
               to
               have
               known
               .
               For
               it
               is
               hard
               to
               imagine
               that
               at
               that
               time
               ,
               the
               meer
               
                 bringing
                 a
                 Bull
              
               ,
               should
               be
               
                 so
                 Capital
                 a
                 Crime
              
               ,
               when
               so
               many
               were
               brought
               without
               danger
               both
               before
               and
               after
               .
               But
               it
               seems
               by
               the
               Certificate
               of
               the
               Judges
               concerning
               it
               (
               still
               in
               the
               Tower
               )
               the
               Matter
               of
               it
               was
               very
               prejudicial
               to
               the
               Crown
               .
               And
               it
               argues
               no
               
                 Spiritual
                 Jurisdiction
              
               for
               Princes
               to
               examine
               and
               refuse
               (
               when
               they
               see
               cause
               )
               
                 Bulls
                 that
                 come
                 from
              
               Rome
               .
               For
               this
               is
               practised
               in
               those
               Countries
               which
               profess
               Obedience
               to
               the
               
                 Popes
                 Jurisdiction
                 .
                 Covarruvias
              
               affirms
               it
               of
               Spain
               .
               In
               Portugal
               ,
               when
               John
               the
               Second
               would
               have
               given
               up
               that
               
               Right
               to
               the
               Pope
               ,
               
                 the
                 Estates
                 of
                 the
                 Kingdom
                 would
                 not
                 permit
                 him
                 .
                 Peter
              
               the
               Second
               ,
               Duke
               of
               Britain
               forbad
               receiving
               
                 any
                 Bull
                 before
                 Examination
                 by
                 his
                 Council
                 ,
                 under
                 pain
                 of
                 Corporal
                 Punishments
              
               
               
                 and
                 Confiscation
                 of
                 Goods
                 .
                 Ant.
                 Faber
              
               saith
               ,
               in
               
                 Savoy
                 ,
                 No
                 Bulls
                 have
                 Authority
                 there
                 ,
                 till
                 they
                 are
                 approved
                 by
                 the
                 Senate
                 ,
              
               
               
                 and
                 an
                 Appeal
                 lies
                 from
                 them
                 tanquam
                 ab
                 Abusu
                 .
              
               Even
               in
               Naples
               it self
               ,
               Ferdinand
               the
               
                 Catholick
                 King
              
               ,
               gave
               a
               severe
               Reprimand
               to
               his
               Vice-Roy
               ,
               for
               not
               hanging
               up
               a
               Person
               
                 who
                 would
                 have
                 executed
                 a
                 Bull
                 without
                 his
                 Authority
                 .
              
               The
               Letter
               it self
               is
               Published
               in
               the
               
                 Jus
                 Belgarum
              
               ;
               where
               many
               other
               things
               may
               be
               seen
               to
               the
               same
               purpose
               .
               
            
             
               
                 The
                 Right
                 of
                 Patronage
              
               is
               a
               
                 Civil
                 Right
              
               in
               Princes
               as
               well
               as
               others
               ;
               and
               therefore
               E.
               1.
               
               Without
               pretending
               to
               
                 Ecclesiastical
                 Jurisdiction
              
               ,
               might
               justly
               punish
               the
               
                 Archbishop
                 of
                 York
              
               for
               his
               obstinate
               refusing
               to
               admit
               the
               Kings
               Clerk
               because
               of
               a
               
                 Papal
                 Provision
              
               .
            
             
             
               The
               
                 Statute
                 of
                 Bigamy
              
               might
               very
               well
               be
               interpreted
               in
               Parliament
               ,
               and
               yet
               the
               King
               have
               no
               
                 Ecclesiastical
                 Jurisdiction
              
               .
               For
               it
               was
               no
               more
               than
               declaring
               in
               what
               sense
               a
               Law
               should
               be
               taken
               ,
               
                 i.
                 e.
              
               Whether
               it
               should
               extend
               to
               Bigamy
               before
               the
               Constitution
               of
               the
               Council
               of
               Lyons
               ,
               or
               after
               .
            
             
               The
               Act
               of
               Parliament
               made
               at
               Carlisle
               ,
               35
               E.
               1.
               against
               
                 Aliens
                 possessing
                 Benefices
              
               ,
               is
               no
               more
               than
               hath
               been
               done
               in
               Countries
               
               where
               the
               
                 Popes
                 Jurisdiction
              
               is
               the
               most
               owned
               .
               As
               in
               
                 Spain
                 ,
                 Covarruvias
              
               saith
               ,
               
                 They
                 have
                 Prescription
                 and
                 Pragmatical
                 Sanctions
                 against
                 Aliens
                 possessing
                 Benefices
                 .
              
               The
               Laws
               of
               Poland
               ,
               and
               many
               Edicts
               in
               France
               exclude
               Strangers
               .
            
             
               But
               I
               shall
               now
               produce
               some
               considerable
               Precedents
               in
               the
               time
               of
               Ed.
               1.
               to
               shew
               that
               the
               Proceedings
               against
               the
               Arch-Bishops
               and
               Bishops
               for
               Misdemeanors
               or
               Contempts
               ,
               was
               in
               Parliament
               ,
               and
               not
               by
               Commissioners
               (
               the
               inferior
               Clergy
               being
               left
               to
               the
               Jurisdiction
               of
               their
               Ordinaries
               .
               )
            
             
               3
               Ed.
               1.
               
               
                 E.
                 Warren
              
               complained
               to
               the
               King
               ,
               That
               the
               
                 Archbishop
                 of
              
               Canterbury
               
                 had
                 contemned
                 his
                 Orders
                 in
                 not
                 taking
                 off
                 Excommunication
                 from
                 some
                 of
                 his
                 Servants
                 :
              
               The
               King
               sends
               to
               him
               to
               proceed
               no
               further
               against
               the
               Earl
               or
               his
               Servants
               
                 usque
                 ad
                 Parliamentum
              
               ,
               where
               the
               Matter
               of
               Contempt
               might
               be
               debated
               .
               But
               in
               the
               mean
               time
               the
               Archbishop
               sends
               to
               the
               King
               a
               true
               Account
               of
               the
               Matter
               ,
               and
               how
               far
               he
               was
               from
               Contempt
               ;
               which
               is
               still
               extant
               in
               the
               Records
               of
               the
               Tower.
               
            
             
               7
               E.
               1.
               
               
                 John
                 Peckam
              
               ,
               Archbishop
               of
               Canterbury
               ,
               was
               summoned
               to
               Parliament
               ,
               to
               answer
               to
               
                 a
                 Charge
                 of
                 Misdemeanors
              
               against
               
               him
               ,
               for
               some
               Passages
               in
               the
               Council
               at
               Reading
               ;
               which
               he
               was
               fain
               to
               revoke
               ,
               and
               to
               declare
               that
               no
               Articles
               there
               passed
               ,
               should
               create
               any
               Prejudice
               to
               the
               Crown
               or
               Kingdom
               .
            
             
               8
               E.
               1.
               
               The
               Archbishop
               went
               about
               to
               
                 Visit
                 the
                 Kings
                 Free
                 Chappels
              
               :
               The
               King
               hearing
               of
               it
               ,
               sent
               a
               Writ
               to
               him
               ,
               to
               forbear
               
                 usque
                 ad
                 proximum
                 Parliamentum
                 ;
                 ut
                 tunc
                 ex
                 unamini
                 &
                 mutuo
                 consensu
                 provideamus
                 quid
                 fieri
                 debeat
                 in
                 Praemissis
                 .
              
            
             
               21
               E.
               1.
               
               
                 John
                 Roman
              
               ,
               Archbishop
               of
               York
               ,
               was
               Attached
               upon
               a
               Contempt
               for
               Excommunicating
               the
               Bishop
               of
               Durham
               ,
               
               while
               he
               was
               in
               the
               King's
               Service
               .
               And
               after
               a
               full
               hearing
               
                 in
                 pleno
                 Parliamento
              
               ,
               he
               was
               condemned
               ,
               and
               upon
               Submission
               ,
               was
               Fined
               to
               the
               King
               sour
               thousand
               Marks
               .
            
             
               28
               E.
               1.
               
               A
               Controversie
               arose
               between
               the
               King
               and
               the
               Bishop
               of
               Chichester
               ,
               about
               his
               refusing
               to
               admit
               a
               Person
               Presented
               to
               a
               Prebend
               in
               the
               
                 Free
                 Chappel
                 of
                 Hastings
              
               ;
               the
               King
               sends
               his
               Writ
               to
               the
               Warden
               of
               Cinque-Ports
               (
               extant
               in
               the
               Tower
               among
               the
               Writs
               of
               that
               Time
               )
               to
               enquire
               into
               this
               Matter
               ,
               and
               to
               bring
               an
               Account
               
                 next
                 Parliament
                 ,
                 ad
                 quod
                 praedictum
                 
                 Episcopum
                 adjornavimus
                 ,
              
               are
               the
               Words
               of
               the
               Writ
               :
               And
               that
               the
               Business
               was
               heard
               in
               Parliament
               ,
               appears
               by
               the
               Records
               .
               
            
             
               31
               E
               1.
               
               The
               King
               seized
               on
               the
               Temporalities
               of
               the
               Bishop
               of
               Durham
               ,
               upon
               a
               Judgment
               given
               against
               him
               in
               Parliament
               ,
               
               for
               extending
               his
               
                 Spiritual
                 Jurisdiction
              
               too
               far
               ;
               as
               appears
               by
               the
               Record
               of
               the
               Concord
               made
               between
               the
               King
               and
               him
               .
            
          
           
             
               
                 In
                 the
                 Reign
                 of
                 King
              
               Edward
               
                 the
                 Second
              
               .
            
             
               In
               the
               Reign
               of
               K.
               E.
               2.
               nothing
               is
               produced
               but
               the
               Statute
               9
               E.
               2.
               
                 for
                 Regulating
                 the
                 Proceedings
                 between
                 the
                 Civil
                 and
                 Ecclesiastical
                 Courts
                 .
              
               But
               how
               the
               Kings
               Ecclesiastical
               Jurisdiction
               is
               proved
               hereby
               ,
               is
               hard
               to
               understand
               .
               It
               appears
               indeed
               that
               the
               
                 Ecclesiastical
                 Jurisdiction
              
               is
               allowed
               and
               limited
               
                 by
                 Parliament
                 .
                 But
                 from
                 hence
                 ,
              
               saith
               he
               ,
               
                 it
                 follows
                 that
                 these
                 Laws
                 may
                 be
                 called
                 the
                 Kings
                 Eccclesiastical
                 Laws
                 ,
                 or
                 the
                 Ecclesiastical
                 Laws
                 of
              
               England
               .
            
             
               There
               is
               no
               question
               but
               they
               may
               :
               But
               there
               is
               a
               Difference
               between
               Laws
               ,
               so
               called
               by
               
                 Acceptation
                 and
                 Allowance
              
               ;
               and
               such
               as
               have
               their
               whole
               Force
               and
               Authority
               from
               the
               King.
               For
               otherwise
               ,
               where
               the
               
                 Popes
                 Jurisdiction
              
               is
               owned
               and
               received
               ,
               the
               Pope
               must
               receive
               his
               Authority
               from
               the
               King.
               But
               a
               Liberty
               to
               exercise
               Authority
               ,
               and
               deriving
               Authority
               are
               two
               Things
               .
            
          
           
             
               
                 In
                 the
                 Reign
                 of
                 King
              
               Edward
               
                 the
                 Third
              
               .
            
             
               In
               the
               Time
               of
               E.
               3.
               many
               things
               are
               alledged
               ,
               and
               to
               more
               purpose
               ;
               but
               yet
               a
               short
               Answer
               will
               serve
               .
               If
               the
               first
               Instance
               doth
               hold
               ,
               viz.
               That
               
                 the
                 Sentence
                 of
                 Excommunication
                 by
                 the
                 Archbishop
                 ,
                 holds
                 against
                 the
                 Sentence
                 of
                 the
                 Pope
                 or
                 his
                 Legate
                 ,
              
               it
               only
               proves
               that
               the
               
                 Eccesiastical
                 Jurisdiction
              
               here
               by
               Law
               is
               in
               the
               Archbishop
               ,
               and
               not
               in
               the
               Pope
               or
               his
               Legate
               .
               But
               there
               may
               be
               another
               Reason
               ,
               mentioned
               by
               
                 Fitz
                 Herbert
              
               ,
               viz.
               
                 That
                 the
                 Certificate
              
               
               
                 of
                 the
                 Archbishop
                 might
                 be
                 more
                 Authentick
                 than
                 the
                 Seal
                 of
                 a
                 Legate
                 .
              
            
             
               The
               second
               ,
               sixth
               and
               eighth
               only
               prove
               the
               
                 King
                 Supreme
                 Patron
              
               ;
               and
               a
               
                 Right
                 of
                 Patronage
              
               is
               distinct
               from
               a
               Right
               of
               
                 Ecclesiastical
                 Jurisdiction
              
               ;
               and
               so
               it
               was
               resolved
               in
               
               Grendon's
               Case
               ,
               
                 Pl.
                 f.
              
               498.
               
               
                 That
                 the
                 King
                 presents
                 by
                 Lapse
                 ,
                 as
                 Supreme
                 Patron
                 ,
              
               and
               not
               as
               
                 Supreme
                 Ordinary
              
               ;
               For
               this
               belongs
               to
               him
               as
               King
               ,
               the
               Land
               on
               which
               Churches
               are
               built
               being
               originally
               held
               of
               him
               :
               And
               this
               Right
               the
               King
               enjoyed
               when
               the
               Pope
               was
               owned
               to
               be
               
                 Supreme
                 Ordinary
              
               :
               But
               in
               the
               Case
               of
               his
               own
               
                 free
                 Chapels
                 Fitz-Herbert
              
               saith
               right
               ,
               
                 That
                 in
                 Case
                 of
                 Lapse
                 by
                 the
                 Dean
                 ,
                 the
                 King
                 presents
                 as
                 Ordinary
                 ,
              
               the
               Archbishop
               and
               Bishop
               having
               no
               Authority
               there
               as
               Ordinaries
               .
            
             
             
               The
               third
               ,
               fourth
               and
               fifth
               are
               about
               
                 Exemptions
                 from
                 Episcopal
                 Jurisdictions
                 granted
                 by
                 the
                 King
                 ,
              
               especially
               in
               his
               own
               
                 free
                 Chapels
              
               ,
               which
               are
               only
               visitable
               by
               Commission
               from
               the
               King.
               But
               this
               very
               Pretence
               of
               Exemptions
               from
               
                 Episcopal
                 Jurisdiction
              
               was
               founded
               upon
               the
               Belief
               of
               the
               Pope's
               being
               
                 Supreme
                 Ordinary
              
               ;
               for
               exempt
               Places
               were
               not
               supposed
               to
               be
               free
               from
               all
               
                 Ordinary
                 Jurisdiction
              
               ,
               but
               from
               that
               of
               
                 Inferior
                 Ordinaries
              
               ,
               being
               immediately
               subject
               to
               the
               Pope
               .
               A
               Bishop
               ,
               by
               the
               
                 Canon
                 Law
              
               ,
               may
               grant
               an
               Exemption
               from
               his
               Right
               of
               Jurisdiction
               ,
               but
               not
               
               from
               his
               Right
               of
               Visitation
               ,
               but
               the
               Pope
               from
               both
               .
               And
               in
               the
               Grant
               of
               Exemption
               the
               immediate
               Subjection
               to
               the
               Roman
               See
               is
               expressed
               .
               As
               to
               the
               
                 King
                 's
                 free
                 Chapels
              
               ,
               their
               Exemption
               was
               by
               an
               
                 express
                 Bull
                 of
              
               Innocent
               III
               ,
               to
               King
               John
               ;
               and
               in
               
               the
               Case
               of
               the
               
                 free
                 Chapels
                 of
                 S.
              
               Martins
               ,
               Henry
               III
               granted
               a
               Prohibition
               ,
               wherein
               it
               is
               inserted
               ,
               
                 That
                 it
                 was
                 a
                 free
                 Chapel
                 ,
              
               &
               ab
               omni
               Jurisdictione
               Episcopali
               per
               Sedem
               Apostolicam
               exempta
               .
               And
               45
               Hen.
               3.
               in
               a
               Prohibition
               concerning
               the
               
                 free
                 Chapel
                 of
              
               Wolverhampton
               ,
               the
               Grant
               of
               Innocent
               III
               ,
               is
               repeated
               .
            
             
               
                 The
                 Right
                 to
                 extra-parochial
                 Tithes
              
               is
               Provisional
               ,
               and
               not
               by
               way
               of
               Inheritance
               ,
               and
               so
               it
               may
               belong
               to
               the
               King
               ,
               although
               he
               have
               no
               
                 Ecclesiastical
                 Jurisdiction
              
               .
            
             
               
                 As
                 to
                 the
                 severe
                 Proceeding
                 about
                 Bulls
                 from
              
               Rome
               ,
               I
               have
               given
               an
               Account
               of
               that
               already
               in
               E.
               1.
               
            
             
               
                 The
                 anointing
                 of
                 Kings
              
               proves
               no
               more
               their
               Capacity
               of
               
                 Spiritual
                 Jurisdiction
              
               ,
               than
               it
               proves
               the
               Kings
               of
               Israel
               to
               have
               been
               
                 High
                 Priests
              
               .
            
             
               There
               is
               no
               doubt
               
                 the
                 Ecclesiastical
                 Courts
                 may
                 be
                 limited
                 by
                 the
                 Laws
                 of
                 the
                 Land
              
               ;
               and
               there
               are
               some
               Causes
               which
               belong
               to
               them
               not
               originally
               of
               a
               Spiritual
               Nature
               ;
               but
               they
               have
               been
               a
               long
               time
               possessed
               of
               them
               by
               Custom
               ,
               and
               are
               allowed
               by
               Law
               ;
               which
               is
               well
               expressed
               in
               24
               Hen.
               8.
               c.
               12.
               where
               it
               is
               said
               ,
               
                 That
                 all
                 Causes
                 Testamentary
                 ,
                 Causes
                 of
                 Matrimony
                 and
                 Divorces
                 ,
                 Rights
                 of
                 Tithes
                 ,
                 Oblations
                 and
                 Obventions
                 (
                 the
                 Knowledge
                 whereof
                 ,
                 by
                 the
                 Goodness
                 of
                 Princes
                 of
                 this
                 Realm
                 ,
                 and
                 by
                 the
                 Laws
                 and
                 Customs
                 of
                 the
                 same
                 ,
                 appertaineth
                 to
                 the
                 Spiritual
                 Jurisdiction
                 of
                 this
                 Realm
                 )
                 shall
                 be
                 determined
                 within
                 the
                 Kings
                 Jurisdiction
                 and
                 Authority
                 .
              
            
             
               It
               doth
               not
               seem
               probable
               ,
               
                 That
                 the
                 King
                 by
                 his
                 own
                 Authority
                 would
                 remove
                 Secular
                 Canons
                 ,
                 and
                 put
                 in
                 Regular
              
               ;
               when
               Hoveden
               saith
               ,
               in
               the
               same
               Case
               ,
               H.
               2.
               
                 did
                 it
                 by
                 the
                 Pope's
                 Authority
                 ,
                 and
              
               
               
                 with
                 the
                 free
                 Consent
                 of
                 the
                 Parties
                 .
              
            
             
               The
               
                 Statutes
                 of
                 Provisors
              
               were
               excellent
               Statutes
               ;
               but
               are
               said
               to
               be
               enacted
               for
               the
               Good
               and
               Tranquility
               of
               the
               Realm
               ,
               which
               no
               doubt
               the
               King
               and
               his
               Parliament
               were
               bound
               to
               take
               care
               of
               .
               But
               they
               prove
               no
               more
               
                 Ecclesiastical
                 Jurisdiction
              
               than
               the
               
                 Pragmatick
                 Sanctions
              
               of
               Lewis
               IX
               ,
               and
               Charles
               VII
               ,
               in
               France
               did
               ;
               which
               were
               of
               the
               same
               nature
               .
            
             
               The
               following
               Instances
               in
               other
               Reigns
               ,
               are
               many
               of
               them
               of
               the
               same
               kind
               with
               those
               already
               answered
               ;
               but
               what
               seems
               to
               have
               any
               new
               Force
               shall
               be
               considered
               .
            
          
           
             
             
               
                 In
                 the
                 Reign
                 of
                 King
              
               Henry
               
                 the
                 Fourth
              
               .
            
             
               2
               H.
               4.
               c.
               15.
               is
               urged
               to
               prove
               ,
               
                 That
                 the
                 King
                 ,
                 by
                 consent
                 of
                 his
                 Parliament
                 ,
                 did
                 direct
                 the
                 Proceedings
                 of
                 the
                 Spiritual
                 Courts
                 in
                 Cases
                 of
                 Heresie
                 and
                 other
                 Matters
                 more
                 Spiritual
              
               ;
               but
               it
               is
               evident
               by
               the
               Act
               it self
               ,
               That
               the
               
                 Spiritual
                 Jurisdiction
              
               was
               left
               wholly
               to
               the
               Ordinaries
               ,
               and
               only
               an
               Inforcement
               of
               it
               by
               the
               Civil
               Power
               was
               added
               by
               the
               Law
               then
               made
               ,
               for
               the
               Words
               are
               ,
               
                 Whereas
                 the
                 Diocesans
                 of
                 the
                 said
                 Realm
                 ,
                 cannot
                 by
                 their
                 Jurisdiction
                 Spiritual
                 ,
                 without
                 Aid
                 of
                 the
                 said
                 Royal
                 Majesty
                 sufficiently
                 correct
                 ,
              
               &c.
               
               
                 Therefore
                 a
                 Power
                 to
                 Imprison
                 and
                 Fine
                 was
                 given
                 to
                 the
                 Ordinaries
              
               ;
               who
               might
               before
               have
               proceeded
               by
               
                 Ecclesiastical
                 Censures
              
               ;
               but
               these
               being
               contemned
               by
               them
               ,
               the
               Ordinaries
               called
               in
               the
               Assistance
               of
               the
               
                 Civil
                 Power
              
               .
               If
               there
               had
               been
               a
               Power
               before
               to
               have
               proceeded
               against
               Hereticks
               by
               
                 Common
                 Law
              
               ,
               when
               convict
               by
               their
               Ordinaries
               ,
               I
               cannot
               see
               any
               Reason
               why
               that
               Law
               should
               be
               made
               .
               
                 In
                 case
                 of
                 Apostacy
              
               ,
               i.
               e.
               Renouncing
               Christianity
               ,
               
               Bracton
               saith
               ,
               
                 The
                 Person
                 convict
                 is
                 to
                 be
                 burned
                 ,
              
               and
               he
               instanceth
               
                 in
                 the
                 Deacon
                 who
                 turned
                 Jew
                 ,
                 in
                 the
                 Council
                 of
              
               Oxford
               :
               And
               Fleta
               speaks
               only
               of
               
                 Apostates
                 ,
                 whether
                 Clerks
                 or
                 others
                 ,
              
               and
               those
               are
               the
               Miscreants
               in
               Briton
               ;
               and
               in
               
                 Horn
                 ,
                 Heresie
              
               was
               then
               the
               same
               with
               
                 renouncing
                 Baptism
                 ,
                 or
                 turning
                 Jew
                 or
                 Turk
                 ,
                 or
                 using
                 Sorcery
              
               ;
               but
               after
               
               Wickliff's
               Time
               the
               Ordinaries
               inlarged
               the
               Notion
               of
               Heresie
               ,
               and
               took
               upon
               themselves
               to
               be
               sole
               Judges
               in
               it
               ;
               and
               for
               all
               that
               I
               can
               see
               ,
               the
               Act
               2
               H.
               4.
               owns
               this
               to
               be
               part
               of
               their
               
                 Spiritual
                 Jurisdiction
              
               .
               And
               this
               is
               one
               Reason
               alledged
               for
               the
               Repeal
               of
               this
               Act
               ,
               25
               H.
               8.
               c.
               14.
               because
               there
               is
               no
               Declaration
               of
               Heresie
               made
               in
               it
               ,
               but
               it
               is
               left
               to
               the
               Judgment
               of
               the
               Ordinary
               :
               And
               therefore
               this
               Act
               was
               ill
               thought
               upon
               ,
               to
               prove
               the
               King
               's
               
                 Ecclesiastical
                 Jurisdiction
              
               .
            
             
               In
               Henry
               the
               Seventh's
               time
               the
               King
               is
               said
               to
               be
               
                 persona
                 mixta
                 ,
                 because
                 he
                 hath
                 both
                 Ecclesiastical
                 and
                 Temporal
                 Jurisdiction
                 .
              
               But
               this
               Argument
               is
               drawn
               only
               from
               some
               occasional
               Talk
               ,
               mentioned
               in
               the
               Year
               Books
               ,
               10
               Hen.
               8.
               18.
               
               Brian
               said
               ,
               That
               a
               sage
               Doctor
               of
               Law
               said
               one
               time
               to
               him
               ,
               That
               Priests
               might
               be
               tried
               at
               Common
               Law
               ,
               
                 Car
                 il
                 dit
                 quod
                 Rex
                 est
                 persona
                 mixta
                 ,
                 car
                 est
                 persona
                 unita
                 cum
                 sacerdotibus
                 saint
                 Eglyse
                 :
              
               If
               all
               this
               be
               granted
               ,
               it
               proves
               no
               more
               than
               that
               the
               King
               hath
               Jurisdiction
               by
               his
               Law
               over
               Ecclesiastical
               Persons
               ;
               which
               is
               not
               disputed
               .
            
          
        
         
           
           
             CHAP.
             III.
             
               Whether
               the
               King's
               Supremacy
               by
               Law
               extends
               to
               the
               Dispensing
               with
               Laws
               :
               Of
               the
               Nature
               and
               Original
               of
               the
               Power
               ;
               The
               Inconsistency
               of
               such
               a
            
             Dispensing
             Power
             
               with
               the
               Frame
               of
               our
               Government
               .
            
          
           
             HAving
             thus
             far
             proceeded
             in
             clearing
             the
             ancient
             
               Legal
               Supremacy
            
             ,
             I
             am
             now
             come
             to
             an
             Instance
             of
             greater
             Weight
             and
             Difficulty
             ;
             and
             which
             will
             therefore
             require
             more
             Pains
             and
             Care
             in
             the
             Examination
             of
             it
             ,
             viz.
             
          
           
             11
             H.
             7.
             12.
             
             
               By
               the
               Ecclesiastical
               Laws
               allowed
               with
               in
               this
               Realm
               ,
               a
               Priest
               cannot
               have
               two
               Benefices
               ,
               nor
               a
               Bastard
               can
               be
               a
               Priest
               ;
               but
               the
               King
               may
               by
               his
               Ecclesiastical
               Power
               and
               Jurisdiction
               dispense
               with
               both
               these
               ,
               because
               they
               be
            
             mala
             prohibita
             ,
             
               and
               not
            
             mala
             per
             se.
             
          
           
             Here
             we
             are
             to
             enquire
             into
             these
             things
             ,
          
           
             (
             1.
             )
             How
             far
             the
             King's
             Power
             and
             Jurisdiction
             did
             extend
             in
             the
             Cases
             mentioned
             .
          
           
             (
             2.
             )
             How
             far
             the
             Reason
             here
             given
             will
             justifie
             a
             Power
             of
             Dispensing
             with
             Laws
             .
          
           
             (
             1.
             )
             As
             to
             the
             Cases
             here
             mentioned
             ;
             there
             is
             no
             doubt
             but
             the
             Canonists
             made
             the
             Power
             of
             Dispensing
             in
             these
             to
             be
             an
             Argument
             of
             the
             
               Pope's
               Supremacy
            
             ,
             or
             the
             
               Plenitude
               of
               his
               Power
            
             :
             But
             doth
             it
             hence
             follow
             ,
             That
             what
             Princes
             did
             to
             their
             own
             Subjects
             ,
             as
             to
             the
             qualifying
             them
             for
             a
             
               Legal
               Possession
            
             of
             Benefices
             ,
             must
             argue
             a
             Supremacy
             in
             them
             over
             Ecclesiastical
             Persons
             and
             Causes
             ?
             And
             there
             is
             a
             difference
             to
             be
             made
             between
             not
             Receiving
             the
             
               Pope's
               Canons
            
             in
             particular
             Cases
             ;
             and
             a
             Power
             of
             Dispensing
             with
             
               Ecclesiastical
               Laws
            
             .
             If
             the
             Law
             were
             so
             then
             ,
             as
             is
             noted
             by
             Fineax
             ,
             in
             11
             H.
             7.
             12.
             the
             plain
             Consequence
             is
             ,
             That
             the
             contrary
             were
             no
             part
             of
             the
             Ecclesiastical
             Laws
             ,
             allowed
             within
             this
             Realm
             .
             As
             in
             the
             famous
             Case
             about
             the
             Canon
             Law
             concerning
             Bastardy
             ,
             when
             the
             Barons
             said
             ,
             
               Noluleges
               Angliae
               mutari
            
             ;
             no
             man
             can
             say
             ,
             That
             the
             
               Barons
               dispensed
            
             with
             the
             Pope's
             Ecclesiastical
             Laws
             ;
             but
             that
             they
             refused
             to
             execute
             them
             ;
             for
             ,
             as
             it
             is
             well
             observed
             in
             
             Standish's
             Case
             ,
             in
             
             Kelway's
             Reports
             ,
             7
             H.
             8.
             
             
               Ecclesiastical
               Laws
               have
               no
               force
               ,
               where
               the
               General
               Practice
               hath
               been
               contrary
               .
            
             If
             this
             were
             no
             more
             than
             a
             private
             Opinion
             of
             Fineux
             ,
             of
             what
             he
             thought
             the
             King
             might
             do
             ,
             although
             there
             were
             no
             Precedent
             for
             it
             ,
             
             then
             it
             signifies
             little
             ;
             but
             if
             from
             hence
             it
             appears
             ,
             What
             the
             
               Common
               Law
            
             of
             England
             was
             ;
             then
             it
             follows
             ,
             That
             this
             was
             not
             received
             at
             that
             time
             for
             the
             
               Ecclesiastical
               Law
            
             of
             this
             Kingdom
             .
             And
             so
             Hobart
             ,
             in
             Colt
             and
             
             Glover's
             Case
             understands
             it
             ,
             f.
             147.
             for
             he
             produces
             this
             as
             an
             Instance
             ,
             
               That
               the
               Crown
               always
               kept
               a
               Possession
               of
               its
               Natural
               Power
               :
            
             And
             to
             this
             he
             adds
             
               a
               Power
               of
               Commendam
               or
               Retaining
               a
               Benefice
               with
               a
               Bishoprick
               ,
            
             11
             H.
             4.
             60.
             
             This
             he
             calls
             
               a
               Power
               of
               Dispensation
               in
               Spiritualibus
               :
            
             But
             with
             submission
             to
             two
             such
             great
             Men
             in
             the
             Law
             ,
             
               If
               the
               Crown
               always
               kept
               a
               Possession
               of
               these
               Rights
               ,
            
             there
             could
             be
             no
             Dispensation
             with
             the
             
               Ecclesiastical
               Law
            
             in
             these
             Matters
             ,
             but
             an
             Exclusion
             of
             it
             .
          
           
             As
             for
             Instance
             ,
             The
             Kings
             of
             France
             do
             challenge
             many
             Priviledges
             to
             themselves
             in
             their
             Kingdoms
             ,
             in
             plain
             Derogation
             to
             the
             
               Canon
               Law
            
             ;
             and
             for
             these
             Priviledges
             they
             plead
             an
             
               Ancient
               Right
            
             of
             the
             Crown
             ,
             or
             an
             
               immemorial
               Custom
            
             :
             As
             in
             the
             great
             Controversic
             of
             late
             Years
             ,
             about
             the
             Regale
             ,
             the
             Canon
             Law
             is
             express
             ,
             
               That
               upon
               Pain
               of
               Excommunication
               ,
               no
               Lay
               Person
               what
               soever
               shall
               presume
               to
               meddle
               with
               the
               Profits
               of
               Vacant
               Bishopricks
            
             ;
             
             which
             was
             decreed
             by
             two
             Popes
             in
             several
             Councils
             ,
             Urban
             II
             ,
             in
             a
             Council
             at
             Awergn
             ,
             MXCV
             ,
             and
             Innocent
             II
             ,
             in
             .
             
               Lateran
               Council
            
             MC
             XXXIX
             ;
             both
             entred
             in
             the
             Body
             of
             the
             Canon
             Law
             :
             And
             yet
             the
             Kings
             of
             France
             insist
             to
             this
             Day
             on
             the
             Rights
             of
             
               Vacant
               Sees
            
             ,
             as
             belonging
             to
             them
             .
             But
             can
             this
             be
             pleaded
             as
             a
             Dispensing
             with
             the
             
               Ecclesiastical
               Laws
            
             allowed
             in
             that
             Realm
             ?
             No
             ,
             but
             that
             this
             Part
             of
             the
             
               Ecclesiastical
               Law
            
             was
             not
             received
             there
             ;
             for
             that
             ,
             partly
             by
             the
             
               Feudal
               Right
            
             ,
             partly
             by
             the
             
               Right
               of
               the
               Crown
            
             ,
             partly
             by
             
               Immemortal
               Custom
            
             ,
             the
             Profits
             of
             Vacant
             Bishopricks
             accrue
             to
             the
             King.
             
          
           
             It
             is
             a
             harder
             Point
             to
             defend
             the
             Regale
             ,
             where
             the
             Custom
             hath
             gone
             along
             with
             the
             Canon
             ;
             but
             if
             the
             Rights
             of
             the
             Crown
             be
             defended
             in
             France
             against
             Custom
             and
             Canon
             too
             ,
             our
             Kings
             cannot
             be
             blamed
             for
             resuming
             other
             Rights
             after
             so
             long
             Usurpation
             by
             the
             Popes
             .
             But
             where
             the
             
               Canon
               Law
            
             was
             not
             received
             in
             any
             Part
             of
             it
             ,
             there
             it
             hath
             no
             Force
             to
             oblige
             ;
             and
             where
             there
             is
             no
             Ecclesiastical
             Law
             in
             Force
             ,
             there
             can
             be
             no
             Dispensing
             with
             it
             ;
             for
             although
             the
             later
             Canon
             Law
             ,
             doth
             void
             all
             Customs
             against
             the
             Liberties
             and
             Priviledges
             of
             the
             Church
             ,
             
               Non
               debet
               in
               hac
               parte
               Canonibus
               ,
               ex
               aliqua
               consuetudine
               praejudi●ium
               generari
               :
            
             Yet
             when
             these
             Canonists
             come
             to
             explain
             it
             ,
             they
             tell
             
             us
             ,
             
               That
               an
               immemorial
               Custom
               hath
               Force
               against
               a
               Canon
            
             ;
             but
             how
             ?
             Not
             
               as
               a
               Custom
               ,
               but
               as
               it
               is
               a
               Proof
               of
               an
               Ancient
               Priviledge
               granted
               by
               the
               Pope
            
             ;
             although
             there
             be
             not
             the
             least
             ●ootsteps
             of
             it
             :
             And
             so
             this
             Instance
             of
             H.
             7.
             will
             prove
             ,
             according
             to
             this
             Way
             ,
             only
             some
             Ancient
             Priviledge
             our
             Kings
             had
             ,
             and
             no
             
               Ecclesiastical
               Jurisdiction
            
             by
             the
             Right
             of
             the
             Crown
             .
          
           
             But
             whether
             the
             King
             could
             Dispense
             with
             the
             
               Ecclesiastical
               Laws
            
             in
             these
             Cases
             ,
             or
             not
             ,
             it
             is
             certain
             the
             Pope
             challenged
             to
             himself
             the
             Power
             of
             doing
             it
             .
          
           
           
             For
             ,
             after
             that
             the
             Third
             Council
             of
             Lateran
             liad
             strictly
             forhidden
             Pluralities
             (
             which
             were
             then
             so
             common
             and
             scandalous
             )
             upon
             pain
             of
             Forfeiture
             ,
             Innocent
             the
             Third
             complained
             in
             the
             Fourth
             Lateran
             ,
             That
             
               he
               saw
               little
               or
               no
               Benesit
               come
               by
               that
               severe
               Canon
            
             ;
             and
             therefore
             he
             seems
             to
             make
             one
             more
             severe
             :
             That
             
               whosoever
               takes
               another
               Benefice
               ,
               shall
               be
               deprived
               of
               the
               former
               ipso
               jure
               ;
               and
               if
               he
               seeks
               to
               keep
               it
               ,
               to
               lose
               the
               other
               .
            
             Yet
             after
             all
             ,
             this
             ends
             only
             in
             the
             
               Popes
               Power
               to
               dispense
               as
               he
               saw
               Cause
               ,
               with
               Persons
               of
               greater
               Rank
               or
               Merit
               ,
               and
               greater
               Preferments
               .
            
          
           
             The
             Words
             are
             ,
             
               Circa
               sublimes
               tamen
               &
               literatas
               Personas
               ,
               quae
            
             
             
               majoribus
               Beneficiis
               sunt
               honorandae
               ,
               cum
               ratio
               pustulaverit
               ,
               per
               Sedem
               Apostolicam
               poterit
               Dispensari
               .
            
             Here
             the
             Dispensing
             Power
             is
             fairly
             owned
             in
             the
             Canon
             it self
             .
          
           
             And
             in
             the
             other
             Case
             ,
             of
             the
             
               Incapacity
               of
               Priesthood
               by
               Illegitimation
            
             ;
             the
             same
             stout
             Pope
             declares
             ,
             That
             it
             was
             in
             his
             Power
             to
             dispense
             with
             that
             too
             .
          
           
             The
             Case
             was
             this
             ;
             The
             Church
             of
             Worcester
             ,
             upon
             the
             Vacancy
             
             of
             the
             See
             ,
             had
             chosen
             the
             Arch-Deacon
             of
             York
             for
             their
             Bishop
             ;
             he
             comes
             to
             the
             Arch-Bishop
             of
             Canterbury
             for
             Confirmation
             ;
             but
             secretly
             confesses
             to
             him
             his
             Illegitimacy
             ;
             (
             which
             came
             to
             the
             Popes
             Ear.
             )
             Upon
             Application
             to
             the
             Pope
             for
             his
             Confirmation
             ,
             he
             demurs
             upon
             it
             .
             He
             could
             not
             deny
             that
             he
             had
             all
             other
             Qualifications
             :
             But
             there
             was
             a
             Canon
             of
             the
             former
             
               Lateran
               Council
            
             ,
             which
             voided
             the
             Election
             of
             all
             
               Persons
               Illegitimate
            
             .
             So
             then
             the
             Business
             is
             at
             an
             end
             .
             Not
             so
             neither
             .
             
               His
               Predecessor
               could
               not
               hinder
               him
               from
               Dispensing
               in
               this
               Case
               ;
               who
               had
               equal
               Power
               with
               himself
               .
               And
               there
               were
               many
               Reasons
               to
               induce
               him
               to
               grant
               him
               a
               Dispensation
               .
            
             Why
             then
             did
             he
             not
             give
             one
             ?
             There
             was
             something
             else
             to
             be
             done
             first
             .
             The
             
               Dispensing
               Power
            
             must
             be
             owned
             by
             the
             Church
             of
             Worcester
             :
             And
             therefore
             they
             must
             first
             intreat
             the
             Pope
             to
             Dispense
             with
             him
             ,
             by
             a
             humble
             Supplication
             ;
             and
             then
             expect
             his
             Favour
             by
             Postulation
             .
             And
             so
             ,
             for
             the
             present
             he
             voids
             his
             Election
             .
          
           
             
               Matt.
               Paris
            
             takes
             particular
             Notice
             ,
             That
             in
             the
             Publication
             
             of
             the
             Decretals
             by
             Gregory
             9.
             
             
               This
               Power
               of
               Dispensing
               in
               these
               two
               Cases
               ,
            
             was
             looked
             on
             as
             a
             
               great
               Innovation
            
             ;
             but
             such
             as
             brought
             great
             Advantages
             to
             the
             Court
             of
             Rome
             .
          
           
             And
             the
             same
             Pope
             ,
             saith
             
               Matt.
               Westminster
            
             ,
             voided
             the
             Election
             of
             
               John
               Bloud
            
             to
             the
             See
             of
             
               Canterbury
               ,
               because
               he
               had
               enjoyed
            
             
             
               two
               Benefices
               with
               Cure
               of
               Souls
               ,
               without
               a
               Dispensation
               .
            
             And
             
               Stephanus
               de
               Segrave
            
             obtained
             ,
             he
             saith
             ,
             
               of
               that
               Popes
               Nuncio
               here
               ,
               a
               Dispensation
               of
            
             Tot
             quot
             ;
             
               but
               it
               came
               to
               nothing
               by
               his
               Sons
               Death
               .
            
          
           
             Here
             we
             see
             a
             Power
             of
             Dispensing
             with
             
               Ecclesiastical
               Laws
            
             ,
             publickly
             owned
             and
             entred
             in
             the
             Body
             of
             the
             Canon-Law
             ;
             and
             that
             by
             virtue
             of
             
               the
               Plenitude
               of
               the
               Popes
               Power
               ,
            
             which
             could
             not
             be
             bounded
             by
             the
             Canons
             of
             the
             Church
             ,
             nor
             by
             the
             Laws
             of
             his
             Predecessors
             ;
             nor
             by
             the
             solemn
             Profession
             every
             Pope
             makes
             at
             his
             Entrance
             ,
             to
             preserve
             inviolably
             the
             Canons
             and
             Constitutions
             of
             his
             Predecessors
             .
          
           
           
             This
             made
             so
             great
             an
             Alteration
             in
             the
             state
             of
             the
             Church
             ,
             that
             it
             is
             no
             wonder
             great
             Complaints
             were
             made
             of
             it
             ;
             considering
             that
             the
             Consequence
             of
             such
             a
             Power
             ,
             could
             be
             nothing
             less
             than
             a
             subversion
             of
             all
             Orders
             ,
             and
             Canons
             ,
             and
             Privileges
             ;
             for
             there
             could
             be
             no
             security
             of
             any
             of
             them
             any
             longer
             than
             it
             consisted
             with
             the
             Popes
             Pleasure
             .
          
           
             Hence
             came
             all
             the
             Complaints
             of
             Non-obstante's
             ,
             by
             the
             
               whole
               English
               Nation
               in
               Parliament
               ,
               That
               by
               their
               means
               Oaths
               ,
            
             
             
               Customs
               ,
               Charters
               ,
               Grants
               ,
               Privileges
               signified
               nothing
            
             ;
             for
             the
             Pope
             could
             Dispense
             with
             his
             own
             Oaths
             and
             Promises
             ,
             as
             well
             as
             other
             mens
             ;
             and
             so
             there
             could
             be
             no
             Trust
             in
             any
             thing
             he
             said
             or
             promised
             in
             never
             so
             solemn
             a
             manner
             .
             Which
             is
             an
             effectual
             course
             to
             overthrow
             any
             Government
             in
             the
             world
             .
             And
             it
             is
             a
             wonder
             ,
             that
             after
             such
             gross
             and
             avowed
             violations
             of
             the
             most
             solemn
             Engagements
             ,
             Mankind
             did
             not
             renounce
             all
             kind
             of
             Society
             with
             him
             :
             For
             that
             is
             founded
             upon
             Trust
             in
             Compacts
             and
             Promises
             ;
             and
             if
             those
             may
             be
             dissolved
             at
             pleasure
             ,
             there
             is
             no
             foundation
             of
             mutual
             Society
             left
             ;
             there
             being
             no
             reason
             to
             expect
             the
             Performance
             of
             that
             from
             others
             ,
             which
             they
             do
             not
             think
             them selves
             obliged
             to
             do
             .
             And
             so
             such
             a
             Power
             of
             Dispensing
             with
             Obligations
             ,
             naturally
             tends
             to
             a
             Dissolution
             of
             Government
             .
             For
             it
             is
             sinking
             the
             main
             Pillars
             on
             which
             the
             whole
             Fabrick
             stands
             ;
             which
             will
             tumble
             down
             sooner
             or
             later
             upon
             the
             heads
             of
             those
             who
             do
             it
             .
          
           
             But
             the
             great
             Argument
             then
             was
             ,
             That
             
               Supreme
               Power
               cannot
               be
               bound
            
             ;
             and
             therefore
             the
             Popes
             pleaded
             ,
             whatsoever
             Canons
             or
             Laws
             their
             Predecessors
             made
             ,
             they
             could
             not
             tie
             up
             them
             ;
             because
             
               Par
               in
               Parem
               non
               habet
               imperium
               :
            
             So
             we
             find
             Innocent
             3.
             argued
             in
             the
             Canon-Law
             .
             And
             to
             the
             same
             purpose
             
               Matt.
               Paris
            
             saith
             ,
             That
             his
             Successor
             Inneocnt
             4.
             did
             .
             But
             they
             did
             not
             
             attend
             to
             their
             own
             Professions
             ,
             still
             extant
             in
             the
             
               Liber
               Diurnus
            
             ,
             wherein
             they
             did
             declare
             in
             the
             most
             solemn
             manner
             ,
             That
             
               they
               would
               maintain
               the
               Canons
               and
               Constitutions
               of
               their
               Predecessors
               .
            
             Which
             was
             an
             absolute
             Bar
             to
             all
             Non-obstante's
             ,
             if
             they
             acted
             upon
             Principles
             of
             common
             Honesty
             among
             Men.
             
          
           
             But
             besides
             this
             ,
             in
             
               Privileges
               granted
               to
               others
            
             upon
             valuable
             Considerations
             (
             which
             the
             Popes
             took
             care
             of
             )
             the
             Persons
             to
             whom
             they
             are
             granted
             ,
             become
             Parties
             ,
             and
             have
             a
             real
             Interest
             in
             them
             ;
             so
             that
             they
             become
             of
             the
             Nature
             of
             Contracts
             ;
             which
             cannot
             be
             broken
             without
             plain
             Injustice
             ,
             and
             dissolving
             that
             Obligation
             between
             them
             .
          
           
             It
             is
             agreed
             by
             the
             most
             Learned
             and
             Judicious
             Lawyers
             ,
             That
             
               when
               Grants
               or
               Promises
               do
               pass
               into
               the
               Nature
               of
               Contracts
               ,
               they
            
             
             
               are
               irrevocable
               by
               the
               Parties
               that
               made
               them
               .
            
             And
             this
             the
             best
             French
             Canonists
             do
             plead
             against
             the
             Popes
             Power
             of
             revoking
             the
             
               Gallican
               Liberties
            
             ,
             supposing
             them
             at
             first
             to
             have
             come
             from
             the
             Popes
             Condescensions
             to
             them
             .
             And
             the
             same
             Reason
             will
             hold
             as
             to
             other
             Liberties
             .
          
           
           
             But
             here
             lies
             the
             main
             Difficulty
             ,
             to
             shew
             ,
             When
             
               the
               Grants
               that
               are
               made
               by
               Superiors
               ,
               do
               pass
               into
               the
               Nature
               of
               Contracts
            
             ;
             so
             that
             they
             cannot
             be
             Revoked
             or
             
               Dispensed
               with
            
             .
          
           
             The
             short
             of
             it
             is
             ,
             When
             they
             are
             rather
             Capitulations
             than
             Laws
             .
             For
             Laws
             are
             properly
             the
             Commands
             of
             those
             who
             have
             Authority
             to
             oblige
             ;
             and
             the
             Reason
             of
             the
             Obligation
             is
             drawn
             from
             the
             Authority
             of
             the
             Persons
             :
             But
             Capitulations
             proceed
             upon
             Consent
             of
             Parties
             having
             differing
             Interests
             ;
             and
             these
             among
             Private
             Persons
             ,
             are
             called
             Contracts
             ;
             and
             no
             one
             questions
             ,
             but
             that
             such
             all
             men
             are
             by
             natural
             Justice
             bound
             to
             perform
             .
          
           
             But
             the
             Popes
             insisted
             on
             
               the
               Plenitude
               of
               their
               Power
            
             ;
             and
             a
             Question
             is
             put
             among
             the
             Canonists
             ,
             and
             variously
             debated
             :
             Whether
             
               if
               the
               Pope
               swear
               to
               some
               things
               in
               the
               Conclave
               ,
               as
               that
               he
               will
               hold
               a
               General
               Council
               within
               such
               a
               Time
               ,
               he
               can
               Dispense
               with
               himself
               ,
               or
               not
               ?
            
          
           
             Some
             say
             ,
             he
             is
             guilty
             of
             Perjury
             ,
             and
             cannot
             absolve
             himself
             ,
             although
             he
             should
             apprehend
             that
             a
             greater
             Good
             would
             come
             by
             not
             keeping
             it
             .
             For
             that
             both
             
               Pope
               and
               Emperor
               are
               bound
               by
               their
               own
               Contracts
            
             ;
             the
             keeping
             of
             them
             being
             a
             Part
             of
             
               Natural
               Justice
            
             :
             which
             no
             
               Plenitude
               of
               Power
               can
               Dispense
               with
            
             ;
             since
             all
             Contracts
             giva
             a
             Right
             to
             the
             Persons
             with
             whom
             they
             are
             made
             ;
             insomuch
             that
             Baldus
             his
             Authority
             is
             cited
             by
             
             them
             for
             these
             Words
             ,
             
               Contractus
               qui
               fiunt
               cum
               Principe
               ,
               habent
               naturam
               bonae
               Fidei
               contra
               Dominum
            
             ;
             and
             he
             goes
             so
             far
             as
             to
             say
             ,
             That
             
               the
               Sovereign
               Power
               is
               so
               obliged
               by
               the
               Contracts
               made
               by
               Princes
               with
               their
               own
               Subjects
               ,
               that
               they
               are
               not
               revocable
               by
               themselves
               or
               their
               Successors
               :
               And
               if
               they
               were
               not
               obliged
               by
               their
               own
               Contracts
               ,
               no
               man
               could
               trust
               them
               ;
               and
               consequently
               all
               Society
               with
               them
               ,
               would
               be
               dissolved
               .
            
             And
             whatever
             
               Supreme
               Power
            
             may
             do
             as
             to
             such
             Acts
             as
             are
             properly
             its
             own
             ,
             yet
             where
             there
             is
             
             
               Jus
               quaesitum
               alteri
            
             (
             as
             in
             all
             Contracts
             there
             is
             )
             that
             cannot
             be
             taken
             away
             by
             it
             .
          
           
             But
             all
             this
             was
             answered
             on
             the
             other
             side
             ,
             by
             the
             
               Plenitude
               of
               the
               Popes
               Power
            
             ;
             for
             it
             was
             a
             Contradiction
             ,
             they
             said
             ,
             to
             own
             that
             ,
             and
             to
             say
             ,
             That
             
               there
               was
               any
               Engagement
               by
               Oath
               ,
               or
               otherwise
               ,
               which
               he
               could
               not
               Dispense
               with
               .
            
             For
             ,
             as
             Hank
             .
             11
             H.
             4.
             37.
             
             says
             ,
             
               Papa
               omnia
               potest
            
             .
             And
             therefore
             all
             such
             Oaths
             and
             Promises
             as
             limit
             the
             
               Popes
               Dispensing
               Power
            
             ,
             are
             void
             in
             themselves
             .
             And
             as
             to
             
               Ecclesiastical
               Laws
            
             or
             Constitutions
             ,
             they
             easily
             resolved
             all
             Difficulties
             about
             them
             ,
             upon
             such
             Principles
             as
             these
             .
          
           
             1.
             
             That
             
               the
               Popes
               have
               the
               supreme
               Power
               in
               the
               Church
               .
            
          
           
             2.
             
             That
             
               the
               Ecclesiastical
               Laws
               were
               the
               Popes
               Laws
               .
            
          
           
             3.
             
             That
             
               it
               is
               an
               inseparable
               Prerogative
               in
               the
               Pope
               to
               Dispense
               with
               Ecclesiastical
               Laws
               upon
               Necessity
               and
               urgent
               Occasions
               .
            
          
           
             4.
             
             That
             
               the
               Pope
               is
               the
               sole
               Judge
               of
               that
               Necessity
               .
            
          
           
             5.
             
             That
             
               this
               was
               not
               a
               Trust
               given
               to
               the
               Pope
               by
               Councils
               or
               Conclaves
               ,
               but
               by
               God
               and
               St.
            
             Peter
             ,
             
               and
               therefore
               cannot
               be
               taken
               away
               from
               her
               .
            
          
           
           
             But
             I
             shall
             endeavour
             to
             give
             a
             clearer
             Light
             into
             this
             Matter
             ,
             by
             shewing
             the
             several
             Steps
             and
             Degrees
             how
             this
             
               Dispensing
               Power
            
             came
             into
             the
             World
             ,
             and
             how
             it
             passed
             from
             the
             Ecclesiastical
             to
             other
             Laws
             ,
             when
             Princes
             assumed
             such
             a
             
               Plenitude
               of
               Power
            
             in
             Civils
             ,
             which
             the
             Popes
             practised
             in
             Ecclesiasticals
             .
          
           
             The
             first
             time
             we
             read
             of
             Dispensations
             was
             with
             respect
             to
             the
             Ancient
             Canons
             of
             the
             Church
             ;
             and
             it
             implied
             a
             Relaxation
             
             
               of
               the
               Rigour
               of
               them
            
             ;
             not
             with
             respect
             to
             their
             Force
             or
             
               binding
               Power
            
             ,
             but
             as
             to
             the
             Penance
             which
             Persons
             were
             to
             undergo
             for
             the
             Violation
             of
             them
             .
             And
             herein
             the
             Notion
             of
             Dispensing
             was
             very
             different
             from
             what
             the
             Canonists
             made
             it
             afterwards
             ,
             when
             they
             declared
             it
             to
             be
             
               a
               Relaxation
               of
               the
               Law
               it self
            
             ;
             so
             that
             it
             should
             not
             have
             that
             Force
             upon
             the
             Conscience
             which
             it
             otherwise
             had
             :
             For
             ,
             a
             Dispensation
             with
             them
             ,
             is
             
               a
               Licence
               to
               do
               that
               which
               they
               cannot
               lawfully
               do
               without
               it
            
             ;
             and
             that
             with
             a
             non-obstante
             to
             that
             which
             otherwise
             makes
             it
             Unlawful
             .
             
               De
               Jure
               illicitum
               fit
               ex
               Dispensatione
               licitum
               ,
               &
               hic
               est
               proprie
               effectus
               Dispensationis
               ,
            
             saith
             
               Pyrrhus
               Corradus
            
             ;
             who
             
             gives
             a
             large
             Account
             of
             the
             Practice
             of
             Dispensations
             in
             the
             Court
             of
             Rome
             ,
             which
             conclude
             with
             a
             non-obstante
             to
             any
             former
             Constitutions
             or
             Canons
             of
             Councils
             :
             But
             no
             such
             thing
             can
             be
             found
             in
             the
             Ancient
             Practice
             of
             the
             Church
             ,
             because
             the
             Popes
             themselves
             were
             then
             believed
             to
             be
             under
             the
             Canons
             .
             But
             when
             it
             was
             supposed
             ,
             That
             the
             severe
             Execution
             of
             the
             Canons
             would
             rather
             hinder
             than
             advance
             the
             Good
             of
             the
             Church
             ,
             the
             Governours
             of
             it
             thought
             they
             had
             sufficient
             Authority
             to
             abate
             the
             Rigorous
             Execution
             of
             them
             :
             As
             about
             the
             Times
             of
             Penance
             ,
             the
             Translation
             of
             Bishops
             from
             one
             See
             to
             another
             ,
             the
             Intervals
             of
             Orders
             ,
             and
             such
             like
             .
             But
             the
             Popes
             then
             pretended
             to
             be
             strict
             Observers
             of
             the
             Canons
             ,
             when
             the
             
             particular
             Bishops
             took
             upon
             them
             to
             Dispense
             with
             the
             Execution
             of
             them
             ;
             as
             appears
             by
             
             Ivo's
             Preface
             to
             his
             Collection
             of
             Canons
             ,
             where
             he
             distinguisheth
             the
             Immoveable
             or
             
               Moral
               Precepts
            
             from
             the
             Canonical
             ;
             which
             he
             calls
             ,
             Moveable
             .
             In
             the
             former
             ,
             saith
             he
             ,
             
               no
               Dispensation
            
             is
             to
             be
             allowed
             ;
             
               But
               in
               those
               things
               which
               only
               concern
               Discipline
               ,
               the
               Bishops
               may
               Dispense
               ,
               provided
               there
               be
               a
               Compensation
               ,
            
             i.
             e.
             That
             the
             Church's
             Interest
             may
             be
             better
             secured
             or
             advanced
             thereby
             ,
             as
             he
             there
             discourses
             at
             large
             ;
             And
             his
             Rule
             is
             ,
             
               Ibi
               Dispensatio
               admittenda
               est
               ,
               ubi
               rigor
               periculosus
               est
               :
            
             But
             by
             this
             means
             the
             Severity
             of
             the
             Primitive
             Discipline
             
             was
             quite
             lost
             .
          
           
             The
             Bishops
             of
             Rome
             observing
             this
             ,
             thought
             it
             a
             proper
             time
             for
             them
             to
             appear
             zealous
             for
             the
             
               Ancient
               Canons
            
             ,
             which
             gained
             them
             a
             great
             Reputation
             in
             the
             World
             ;
             and
             by
             this
             means
             
               the
               Custody
               of
               the
               Canons
            
             was
             looked
             on
             as
             their
             particular
             Province
             :
             Which
             they
             improved
             so
             well
             ,
             that
             at
             last
             they
             turned
             the
             Guardianship
             of
             the
             Canons
             into
             
               a
               Power
               over
               them
            
             ;
             and
             then
             they
             found
             Fault
             with
             the
             Bishops
             Dispensing
             with
             them
             ,
             for
             another
             Reason
             ,
             viz.
             Because
             the
             
               Dispensing
               Power
            
             was
             a
             
             Prerogative
             of
             the
             
               Roman
               See
            
             ,
             and
             Inferior
             Bishops
             could
             act
             no
             farther
             in
             it
             than
             they
             had
             Authority
             from
             it
             .
          
           
             We
             find
             that
             in
             S.
             
             Bernard's
             time
             ,
             the
             Pope
             did
             take
             upon
             him
             to
             Dispense
             too
             far
             ,
             to
             his
             great
             Dissatisfaction
             ;
             for
             
               by
               his
               Dispensing
               Power
            
             ,
             he
             saith
             ,
             
               he
               overthrew
               the
               Order
               of
               the
               Church
            
             ;
             
             Murmur
             loquor
             ,
             
               saith
               he
            
             ,
             &
             querimoniam
             Ecclesiarum
             .
             The
             Pope
             dispensed
             with
             the
             
               Ecclesiastical
               Laws
            
             ,
             in
             
               Exemptions
               of
               Abbots
               and
               others
               from
               that
               Subordination
               ,
            
             they
             stood
             in
             to
             their
             proper
             Superiors
             :
             He
             saith
             ,
             
               He
               could
               not
               see
               how
               this
               Dispensing
               Power
               could
               be
               justified
               :
               You
               do
               indeed
               shew
               a
               plenitude
               of
               Power
               ,
               but
               it
               may
               be
               not
               of
               Justice
               ;
               you
               shew
               what
               you
               can
               do
               ,
               but
               it
               is
               a
               Question
               whether
               you
               ought
               or
               not
               ;
               and
               you
               ought
               to
               consider
               ,
               First
               ,
               Whether
               it
               be
               lawful
               ;
               then
               whether
               it
               be
               decent
               ;
               and
               lastly
               ,
               whether
               it
               be
               expedient
               .
            
             At
             last
             ,
             he
             allows
             a
             
               Dispensing
               Power
            
             in
             two
             Cases
             ,
             
               Urgent
               Necessity
               ,
               and
               Common
               Good
            
             ;
             otherwise
             he
             saith
             ,
             It
             is
             not
             
               fidelis
               Dispensatio
               ,
               sed
               crudelis
               Dissipatio
               ,
            
             an
             overthrow
             of
             all
             Order
             and
             Government
             .
             In
             one
             of
             his
             Epistles
             he
             speaks
             sharply
             against
             getting
             a
             Dispensation
             to
             do
             that
             which
             it
             was
             not
             lawful
             to
             do
             without
             one
             :
             And
             he
             thinks
             he
             hath
             disproved
             
             it
             by
             invincible
             Reason
             ,
             For
             a
             Licence
             from
             the
             Pope
             can
             never
             make
             that
             Lawful
             ,
             which
             without
             it
             were
             Unlawful
             .
          
           
             When
             the
             Practice
             of
             the
             
               Dispensing
               Power
            
             grew
             more
             common
             ,
             there
             were
             two
             great
             Questions
             raised
             concerning
             it
             ;
             Whether
             if
             a
             Dispensation
             were
             granted
             without
             
               Just
               Cause
            
             ,
             it
             were
             Lawful
             or
             not
             ?
             And
             ,
             Whether
             if
             it
             were
             not
             Lawful
             ,
             yet
             it
             was
             valid
             ?
             There
             were
             some
             who
             flattered
             the
             
               Dispensing
               Power
            
             so
             much
             ,
             that
             they
             allowed
             it
             in
             all
             Cases
             ,
             whether
             there
             were
             a
             just
             Cause
             or
             not
             :
             These
             were
             the
             high-flown
             Canonists
             ,
             who
             resolved
             all
             Laws
             into
             
               Will
               and
               Pleasure
            
             :
             But
             others
             ,
             who
             allowed
             a
             
               Dispensing
               Power
            
             upon
             a
             
               Just
               Cause
            
             ,
             yet
             thought
             it
             repugnant
             to
             the
             Original
             Design
             of
             Government
             ,
             for
             those
             who
             are
             entrusted
             with
             Care
             of
             the
             Laws
             ,
             to
             Dispense
             with
             them
             ,
             without
             such
             a
             Cause
             as
             answers
             the
             End
             of
             Government
             :
             And
             some
             went
             so
             far
             ,
             as
             to
             deny
             any
             Validity
             in
             a
             Dispensation
             granted
             upon
             Pleasure
             ;
             for
             as
             an
             unjust
             Law
             hath
             no
             Force
             ,
             so
             ,
             said
             they
             ,
             an
             unjust
             Dispensation
             of
             a
             Good
             Law
             hath
             none
             .
          
           
             Upon
             this
             Point
             two
             great
             Schoolmen
             differ
             .
             Suarez
             ,
             whom
             
             the
             Lord
             Chief
             Justice
             Vaughan
             commends
             for
             his
             Learning
             in
             this
             Matter
             ,
             goes
             upon
             these
             Grounds
             ,
          
           
             1.
             
             That
             a
             Prince
             is
             not
             
               Dominus
               ,
               sed
               Dispensator
               Legum
            
             ;
             although
             the
             Force
             of
             a
             Law
             depends
             upon
             his
             Authority
             ;
             and
             therefore
             in
             Dispensing
             with
             a
             Law
             he
             doth
             not
             act
             by
             
               Absolute
               Power
            
             ,
             but
             by
             Administration
             :
             For
             he
             is
             not
             
               Lord
               over
               the
               Community
               ,
               but
               Governour
               .
            
          
           
             2.
             
             That
             for
             him
             to
             Dispense
             in
             a
             Law
             made
             for
             the
             Community
             ,
             without
             a
             
               just
               Cause
            
             ,
             is
             not
             only
             
               malum
               quia
               prohibitum
               ,
               sed
               ex
               se
               ,
               &
               ex
               natura
               rei
               &
               semper
               malum
               :
            
             Therefore
             Suarez
             was
             
             far
             from
             thinking
             a
             Prince
             might
             Dispense
             with
             any
             thing
             that
             
             was
             not
             
               malum
               in
               se
            
             ;
             for
             he
             makes
             it
             to
             be
             so
             ,
             for
             him
             to
             dispense
             with
             a
             
               malum
               quia
               prohibitum
            
             ,
             if
             it
             be
             prohibited
             by
             a
             Law
             made
             for
             a
             Publick
             Good
             ,
             and
             there
             be
             no
             just
             Cause
             for
             it
             .
          
           
             3.
             
             That
             although
             a
             Prince
             sins
             in
             Dispensing
             with
             such
             a
             Law
             ;
             yet
             his
             Dispensation
             holds
             as
             to
             the
             Force
             of
             the
             Law
             ;
             which
             he
             supposes
             to
             depend
             
               on
               the
               Will
               of
               the
               Prince
               ,
            
             and
             
             therefore
             his
             Will
             being
             altered
             ,
             the
             Obligation
             ceaseth
             as
             to
             the
             Persons
             Dispensed
             with
             .
          
           
             4.
             
             That
             although
             such
             a
             Dispensation
             holds
             as
             to
             the
             Law
             ,
             yet
             he
             thinks
             a
             Prince
             bound
             in
             Conscience
             to
             Revoke
             such
             a
             
             Dispensation
             ,
             because
             it
             is
             unlawful
             for
             him
             to
             persist
             in
             such
             a
             Will
             ,
             it
             being
             repugnant
             to
             the
             
               Common
               Good
            
             ,
             and
             the
             Obligation
             of
             his
             Duty
             .
          
           
             5.
             
             That
             if
             such
             a
             Dispensation
             be
             to
             the
             Injury
             of
             a
             third
             Person
             ,
             then
             it
             is
             void
             in
             it self
             ,
             as
             being
             repugnant
             to
             Justice
             .
             
          
           
             Vasquez
             saith
             ,
             
               They
               are
               all
               agreed
               ,
               That
               no
               Prince
               hath
               a
               Power
               to
               Dispense
               with
               his
               Laws
               according
               to
               his
               Pleasure
            
             ;
             or
             because
             
             
               they
               are
               his
               Laws
            
             :
             But
             he
             saith
             ,
             
               There
               is
               a
               Dispute
               ,
               Whether
               an
               unlawful
               Dispensation
               be
               valid
               or
               not
               ?
               And
               he
               thinks
               not
               ,
               and
               that
               a
               Man's
               Action
               after
               the
               Dispensation
               ,
               is
               as
               faulty
               as
               if
               there
               had
               been
               none
            
             ;
             His
             Reason
             is
             ,
             
               because
               a
               Prince
               is
               bound
               by
               his
               own
               Laws
               ,
               so
               that
               he
               cannot
               Dispense
               with
               himself
               as
               to
               the
               Obligation
               of
               them
               ;
               for
               ,
               if
               he
               could
               at
               Pleasure
               Dispense
               with
               himself
               ,
               he
               could
               never
               be
               bound
               ;
               for
               how
               can
               a
               Man
               be
               bound
               to
               keep
               a
               Law
               ,
               in
               which
               he
               can
               Dispense
               with
               himself
               when
               he
               pleases
               ?
               And
               if
               he
               cannot
               Dispense
               with
               himself
               ,
               much
               less
               with
               any
               under
               him
               .
            
          
           
             Having
             thus
             endeavoured
             to
             clear
             the
             Nature
             and
             Original
             of
             the
             
               Dispensing
               Power
            
             ;
             I
             now
             come
          
           
             (
             2.
             )
             To
             the
             Reason
             assigned
             by
             Sir
             
               E.
               Coke
            
             ,
             from
             the
             
               Year
               Books
            
             ,
             why
             the
             King
             may
             Dispense
             with
             Laws
             ,
             because
             they
             be
             
               mala
               prohibita
            
             and
             not
             
               mala
               per
               se.
            
             
          
           
             My
             Lord
             Vaughan
             said
             Right
             concerning
             it
             ,
             
               That
               this
               Rule
               hath
               more
               confounded
               Men's
               Judgments
               on
               this
               Subject
               than
               rectified
            
             
             them
             :
          
           
             Which
             I
             shall
             make
             appear
             by
             shewing
             ,
             
               
                 I.
                 That
                 it
                 alters
                 the
                 Frame
                 of
                 our
                 Government
                 .
              
               
                 II.
                 That
                 it
                 takes
                 away
                 all
                 Security
                 by
                 Law.
                 
              
               
                 III.
                 That
                 it
                 contradicts
                 the
                 Sense
                 of
                 our
                 Nation
                 in
                 former
                 Ages
                 .
              
               
                 IV.
                 That
                 the
                 Rule
                 is
                 contrary
                 to
                 the
                 Precedents
                 in
                 Law.
                 
              
            
          
           
             I.
             That
             it
             alters
             the
             Frame
             of
             our
             Government
             .
          
           
             For
             it
             goes
             upon
             a
             very
             false
             Ground
             ,
             
               viz.
               That
               the
               King
               may
               Dispense
               with
               any
               thing
               which
               is
               not
               Evil
               in
               its
               own
               Nature
               ,
               
               or
               antecedently
               to
               any
               Human
               Laws
            
             ;
             which
             is
             to
             suppose
             the
             whole
             
               Legislative
               Power
            
             to
             be
             lodged
             in
             the
             Person
             of
             the
             King
             :
          
           
             For
             ,
             all
             who
             understand
             these
             Matters
             ,
             do
             agree
             ,
             That
             a
             Power
             to
             Dispense
             with
             Laws
             ,
             is
             the
             same
             with
             a
             Power
             to
             make
             them
             .
          
           
             
               Dispensare
               ,
               hoc
               est
               ,
               lege
               solvere
               is
               solus
               potest
               ,
               qui
               ferendae
               abrogandaeque
            
             
             
               leg
               is
               potestatem
               habet
            
             ;
             saith
             
               H.
               Grotius
            
             .
          
           
             Suarez
             saith
             ,
             He
             hath
             the
             Power
             of
             
               Dispensing
               ,
               qui
               legem
               tulit
               ,
               quia
               ab
               ejus
               voluntate
               &
               potentia
               pendet
               .
            
          
           
             Vasquez
             ,
             That
             the
             Dispensing
             Power
             lies
             in
             him
             ,
             
               qui
               habet
               Potestatem
               condendi
               &
               abrogandi
               legem
               .
            
             
          
           
             
               Pufendorf
               ,
               That
               none
               can
               Dispense
               with
               a
               Law
               ,
               but
               such
               as
               have
               the
               Power
               of
               making
               it
               .
            
          
           
             But
             we
             need
             no
             Authorities
             in
             this
             Matter
             :
             For
             to
             Dispense
             (
             in
             the
             Sense
             it
             is
             here
             taken
             )
             
               is
               to
               take
               away
               the
               Obligation
               of
               a
               Law
            
             ;
             and
             whoever
             takes
             it
             away
             must
             have
             the
             Power
             of
             laying
             it
             on
             :
             And
             there
             is
             no
             Difference
             between
             the
             Dispensation
             with
             a
             Law
             ,
             and
             the
             Abrogation
             of
             it
             ;
             but
             that
             a
             Dispensation
             is
             an
             Abrogation
             of
             it
             to
             particular
             Persons
             ,
             while
             others
             are
             under
             the
             Force
             of
             it
             ;
             and
             an
             Abrogation
             is
             a
             
               General
               Dispensation
            
             ,
             that
             being
             no
             more
             than
             a
             Relaxation
             of
             the
             whole
             Law
             ,
             to
             those
             Persons
             who
             were
             bound
             by
             it
             before
             :
             But
             if
             a
             part
             of
             the
             Law
             be
             taken
             away
             ,
             as
             to
             the
             whole
             Community
             ,
             then
             it
             is
             called
             a
             Derogation
             of
             it
             ;
             But
             if
             the
             Law
             be
             Relaxed
             only
             for
             a
             limited
             Time
             and
             under
             certain
             Conditions
             ,
             then
             it
             is
             not
             an
             Abrogation
             ,
             but
             an
             Indulgence
             or
             Suspension
             of
             the
             Law.
             
          
           
             To
             
               Dispense
               with
               a
               Law
            
             is
             more
             than
             to
             give
             an
             
               Equitable
               Sense
            
             or
             a
             Favourable
             Interpretation
             of
             a
             Law
             ;
             for
             he
             that
             Inteprets
             a
             Law
             ,
             supposes
             his
             Interpretation
             to
             agree
             with
             the
             Sense
             and
             Design
             of
             the
             Law
             ;
             he
             that
             Dispenses
             ,
             owns
             that
             which
             he
             dispenses
             with
             ,
             to
             be
             against
             the
             Intention
             of
             the
             Law
             ,
             but
             that
             he
             hath
             Power
             to
             take
             away
             the
             Force
             of
             it
             ,
             so
             far
             as
             he
             thinks
             fit
             .
          
           
             He
             that
             saith
             ,
             
               Thou
               shalt
               not
               kill
            
             ,
             doth
             not
             reach
             to
             Legal
             Executioners
             of
             Justice
             ,
             interprets
             the
             Law
             according
             to
             Reason
             and
             Equity
             :
             But
             when
             God
             said
             to
             
               Abraham
               ,
               Go
               and
               Sacrifice
               thy
               Son
               ,
            
             he
             must
             be
             supposed
             ,
             by
             virtue
             of
             his
             
               Supreme
               Authority
            
             ,
             to
             Dispense
             with
             the
             Law
             in
             his
             Case
             ,
             so
             as
             to
             make
             that
             Lawful
             upon
             his
             Command
             ,
             which
             would
             not
             have
             been
             so
             without
             it
             .
          
           
             Some
             will
             not
             allow
             this
             to
             be
             called
             a
             Dispensation
             ,
             but
             an
             
               alteration
               of
               the
               Matter
               of
               the
               Law
            
             ;
             but
             when
             that
             Alteration
             comes
             from
             the
             Authority
             of
             the
             
               Law
               Makers
            
             ,
             it
             is
             the
             same
             ;
             so
             that
             to
             Interpret
             a
             Law
             is
             an
             Act
             of
             Discretion
             and
             Judgment
             ;
             but
             to
             Dispense
             with
             it
             ,
             of
             Authority
             and
             Jurisdiction
             .
             And
             none
             can
             therefore
             Dispense
             in
             the
             
               Law
               of
               God
            
             ,
             but
             he
             that
             made
             it
             ;
             all
             that
             the
             Wisest
             and
             greatest
             Men
             can
             justly
             pretend
             to
             ,
             is
             no
             more
             than
             to
             give
             the
             true
             Sense
             of
             it
             ;
             and
             it
             is
             intolerable
             Prsumption
             for
             any
             Creature
             to
             pretend
             to
             more
             .
          
           
           
             An
             
               Equitable
               Sense
            
             ,
             as
             to
             Human
             Law
             ,
             is
             not
             always
             that
             which
             seems
             to
             be
             most
             favourable
             to
             those
             who
             go
             against
             the
             Letter
             of
             it
             ;
             but
             that
             which
             most
             enforces
             the
             End
             and
             Design
             of
             the
             Law
             ,
             although
             it
             be
             not
             comprehended
             in
             the
             Words
             of
             it
             .
          
           
             If
             a
             Law
             mentions
             a
             Crime
             of
             a
             lesser
             nature
             ,
             in
             regard
             of
             Circumstances
             ,
             and
             in
             regard
             of
             those
             Circumstances
             ,
             promises
             some
             Favour
             ,
             (
             as
             Benefit
             of
             the
             Clergy
             )
             it
             can
             be
             no
             
               Equitable
               Sense
            
             to
             extend
             it
             to
             such
             Acts
             which
             have
             worse
             Circumstances
             ,
             because
             the
             Ground
             of
             the
             Favour
             was
             the
             extenuation
             of
             the
             Fact
             by
             the
             Circumstances
             ;
             so
             that
             the
             chief
             Rule
             of
             Equity
             in
             the
             Interpretation
             of
             a
             Law
             ,
             is
             to
             attend
             to
             the
             Intention
             and
             Design
             of
             it
             ,
             more
             than
             to
             the
             bare
             Words
             .
          
           
             The
             Intention
             and
             Design
             of
             the
             Law
             is
             not
             to
             be
             measured
             by
             Particular
             and
             Accidental
             Cases
             ,
             wherein
             some
             Inconveniencies
             are
             to
             be
             born
             ,
             but
             by
             the
             Publick
             and
             
               General
               Good
            
             ,
             which
             more
             than
             makes
             amends
             for
             them
             ;
             which
             is
             the
             Reason
             of
             that
             Maxim
             ,
             
               Better
               a
               Mischief
               than
               an
               Inconvenience
            
             ;
             which
             is
             false
             ,
             unless
             taken
             in
             such
             an
             
               Equitable
               Sense
            
             .
          
           
             There
             are
             certain
             Ways
             of
             Reason
             ,
             which
             Mankind
             do
             allow
             in
             the
             
               Equitable
               Interpretation
            
             of
             Laws
             ,
             as
             
               That
               no
               positive
               Law
               must
               be
               interpreted
               against
               Natural
               and
               Divine
               Laws
               :
            
             That
             
               if
               Laws
               contradict
               each
               other
               ,
               one
               or
               the
               other
               must
               lose
               its
               Force
               :
            
             That
             
               no
               Case
               which
               overthrows
               a
               Law
               by
               necessary
               Consequence
               ,
               was
               ever
               intended
               to
               be
               allowed
               by
               it
            
             ;
             For
             that
             were
             to
             make
             a
             Law
             ,
             and
             to
             give
             a
             Liberty
             to
             break
             it
             at
             the
             same
             Time.
             
          
           
             If
             a
             Law
             be
             designed
             for
             a
             
               Publick
               Good
            
             ,
             and
             an
             Exception
             be
             afterwards
             made
             against
             it
             ,
             as
             to
             the
             
               Incapacity
               of
               some
               Persons
               ,
               by
               it
               ,
               for
               Publick
               Service
               ,
            
             which
             could
             not
             but
             be
             foreseen
             and
             considered
             at
             the
             Time
             of
             making
             the
             Law
             ,
             there
             is
             no
             Reason
             that
             should
             be
             alledged
             as
             a
             Reason
             for
             Dispensing
             with
             the
             Law
             ,
             which
             was
             intended
             at
             first
             by
             the
             Law
             :
             For
             however
             the
             Case
             may
             be
             put
             ,
             as
             to
             such
             things
             which
             could
             not
             be
             foreseen
             ,
             at
             the
             making
             of
             a
             Law
             ,
             yet
             what
             was
             intended
             to
             be
             prevented
             by
             the
             making
             it
             ,
             cannot
             in
             Reason
             be
             alledged
             against
             it
             :
             Because
             if
             there
             had
             not
             been
             other
             things
             to
             have
             over-ballanced
             that
             Inconvenience
             the
             Law
             had
             never
             been
             passed
             .
          
           
             There
             is
             no
             doubt
             but
             the
             same
             Power
             which
             makes
             a
             Law
             ,
             may
             Dispense
             with
             it
             ,
             if
             it
             sees
             Cause
             ;
             for
             if
             it
             can
             Abrogate
             a
             Law
             ,
             as
             to
             the
             
               whole
               Community
            
             ,
             it
             may
             as
             well
             Dispense
             with
             it
             ,
             as
             to
             particular
             Persons
             ,
             and
             leave
             it
             in
             Force
             to
             all
             others
             .
          
           
             The
             Question
             then
             is
             ,
             Whether
             a
             Prince
             assuming
             to
             himself
             a
             
               Dispensing
               Power
            
             ,
             doth
             not
             thereby
             assume
             the
             Legislative
             too
             ?
             Since
             it
             appears
             ,
             That
             there
             can
             be
             no
             Power
             to
             take
             off
             the
             Obligation
             of
             a
             Law
             ,
             but
             that
             which
             causes
             it
             ;
             although
             it
             be
             with
             respect
             to
             particular
             Persons
             ;
             but
             if
             it
             amount
             to
             a
             
               General
               Suspension
            
             of
             a
             Law
             ,
             there
             can
             be
             no
             Question
             to
             those
             who
             understand
             what
             these
             things
             mean.
             
          
           
             Our
             present
             Business
             was
             to
             shew
             ,
             That
             if
             the
             King
             can
             dispense
             with
             
               Mala
               prohibita
            
             ,
             as
             such
             ,
             the
             
               Legislative
               Power
            
             must
             
             be
             resolved
             into
             him
             ;
             because
             a
             
               Dispensing
               Power
            
             can
             be
             refer'd
             to
             no
             other
             :
             And
             if
             the
             King
             may
             Dispense
             with
             all
             
               Mala
               prohibita
            
             ,
             he
             may
             Dispense
             with
             all
             just
             human
             Laws
             .
             For
             no
             Law
             can
             be
             just
             ,
             which
             requires
             
               Malum
               in
               se
            
             ;
             and
             therefore
             such
             a
             Law
             being
             void
             of
             it self
             ,
             there
             can
             be
             no
             Exercise
             of
             a
             Dispensing
             Power
             ,
             but
             concerning
             
               Mala
               prohibita
            
             .
             And
             if
             the
             King
             can
             therefore
             Dispense
             ,
             because
             they
             are
             
               only
               prohibited
            
             ,
             then
             from
             a
             Parity
             of
             Reason
             he
             may
             Dispense
             with
             
               all
               Laws
            
             that
             concern
             only
             such
             things
             ;
             and
             we
             cannot
             be
             secure
             of
             any
             Laws
             ,
             but
             such
             as
             forbid
             things
             that
             are
             
               evil
               in
               themselves
            
             .
          
           
             II.
             And
             this
             is
             my
             Second
             Reason
             against
             it
             ,
             That
             it
             takes
             away
             all
             Security
             by
             our
             Laws
             ,
             both
             as
             to
             our
             Religion
             and
             Liberties
             .
          
           
             1.
             
             As
             to
             our
             Religion
             :
             I
             grant
             ,
             that
             ,
             to
             take
             away
             
               all
               Religion
            
             ,
             is
             
               Malum
               in
               se
            
             ;
             to
             take
             away
             the
             
               true
               Religion
            
             ,
             is
             
               Malum
               in
               se
            
             ;
             but
             in
             a
             Nation
             divided
             about
             the
             
               true
               Religion
            
             ,
             and
             where
             the
             Prince
             is
             of
             one
             Opinion
             ,
             and
             the
             main
             Body
             of
             the
             Nation
             of
             another
             concerning
             it
             ,
             what
             Security
             can
             the
             People
             by
             this
             Rule
             have
             as
             to
             the
             enjoying
             that
             which
             they
             account
             the
             
               true
               Religion
            
             ,
             but
             the
             Prince
             doth
             not
             ?
             The
             utmost
             we
             can
             suppose
             in
             this
             Case
             ,
             is
             ,
             for
             such
             Laws
             to
             be
             made
             ,
             as
             they
             apprehend
             to
             be
             most
             effectual
             for
             this
             Purpose
             .
             But
             what
             Security
             can
             these
             Laws
             afford
             ,
             if
             the
             Prince
             assume
             a
             Power
             of
             Dispensing
             with
             
               Ecclesiastical
               Laws
            
             ?
             It
             is
             not
             possible
             they
             can
             have
             any
             ,
             unless
             they
             can
             be
             secure
             he
             shall
             never
             exercise
             this
             
               Dispensing
               Power
            
             ;
             for
             by
             it
             ,
             he
             may
             equally
             suspend
             all
             Laws
             which
             relate
             to
             it
             ;
             he
             may
             give
             a
             Dispensation
             to
             such
             as
             are
             unqualified
             by
             our
             Laws
             ,
             and
             put
             them
             not
             only
             into
             Places
             of
             Authority
             and
             Trust
             ,
             but
             into
             all
             Ecclesiastical
             Preferments
             ,
             as
             soon
             as
             he
             thinks
             fit
             ;
             and
             that
             without
             any
             Check
             upon
             his
             Conscience
             ;
             because
             those
             whose
             Office
             it
             is
             to
             interpret
             the
             Laws
             ,
             tell
             him
             ,
             he
             hath
             such
             a
             Power
             by
             Law
             to
             
               Dispense
               with
               Ecclesiastical
               Laws
            
             ,
             although
             passed
             in
             the
             solemnest
             manner
             ,
             and
             with
             a
             Design
             to
             give
             Security
             to
             the
             People
             concerning
             the
             preserving
             their
             Religion
             .
          
           
             And
             the
             higher
             this
             Point
             is
             carried
             ,
             still
             the
             less
             Security
             For
             ,
             if
             it
             be
             thought
             such
             a
             
               Prerogative
               of
               the
               Crown
               ,
               as
               voids
               all
               that
               is
               made
               against
               it
               ,
            
             then
             Laws
             signifie
             just
             nothing
             :
             For
             ,
             every
             Law
             is
             a
             Limitation
             of
             unbounded
             Will
             and
             Power
             ;
             and
             therefore
             Laws
             afford
             no
             manner
             of
             Security
             ;
             for
             either
             they
             are
             void
             of
             themselves
             ,
             or
             may
             be
             made
             void
             when
             a
             Sovereign
             Prince
             pleases
             .
             And
             I
             think
             (
             as
             Men
             are
             )
             meer
             
               Will
               and
               Pleasure
            
             will
             never
             be
             taken
             for
             an
             infallible
             Security
             .
          
           
             But
             it
             may
             be
             said
             ,
             That
             
               taking
               away
               the
               true
               Religion
            
             ,
             is
             
               Malum
               in
               se
               ;
               and
               therefore
               by
               this
               Rule
               such
               Laws
               cannot
               be
               dispensed
               with
               .
            
          
           
             Very
             true
             ;
             we
             think
             so
             :
             But
             suppose
             a
             King
             of
             another
             Opinion
             ;
             and
             that
             he
             should
             think
             it
             good
             Service
             to
             destroy
             
             
               Heresie
               and
               Schism
            
             ,
             and
             those
             are
             
               Mala
               in
               se
            
             ;
             what
             Security
             can
             there
             be
             then
             from
             this
             Rule
             ?
             For
             the
             same
             Persons
             who
             assert
             the
             
               Dispensing
               Power
            
             ,
             make
             the
             King
             to
             be
             Judge
             ,
             not
             meerly
             of
             the
             Necessity
             and
             
               urgent
               Occasions
            
             ,
             but
             of
             what
             is
             
               Malum
               in
               se
            
             ,
             and
             what
             not
             ?
             Suppose
             then
             ,
             he
             should
             look
             on
             our
             Religion
             as
             
               Heresie
               and
               Schism
            
             ,
             what
             possible
             Security
             can
             this
             Distinction
             afford
             us
             ?
          
           
             2.
             
             As
             to
             our
             
               Civil
               Liberties
            
             ;
             Which
             are
             founded
             upon
             our
             Laws
             ,
             made
             by
             the
             
               Consent
               of
               King
               and
               People
            
             .
             But
             if
             there
             be
             such
             an
             
               inseparable
               Prerogative
            
             in
             the
             Crown
             ,
             as
             enables
             the
             King
             to
             Dispense
             with
             all
             
               Mala
               prohibita
            
             ,
             what
             becomes
             of
             all
             the
             
               Ancient
               Charters
               of
               Liberties
            
             ?
             For
             ,
             no
             one
             can
             pretend
             that
             the
             contrary
             to
             them
             all
             are
             
               Mala
               in
               se.
            
             And
             if
             there
             be
             no
             farther
             Security
             ,
             than
             what
             this
             Distinction
             affords
             ,
             we
             are
             in
             a
             very
             precaridus
             Condition
             ,
             as
             to
             all
             our
             Liberties
             .
          
           
             I
             confess
             the
             Case
             is
             different
             ,
             as
             to
             the
             
               Ecclesiastical
               Laws
            
             ,
             mentioned
             in
             11
             H.
             7.
             12.
             and
             as
             to
             our
             
               Civil
               Liberties
            
             :
             because
             these
             
               Ecclesiastical
               Laws
            
             had
             their
             Force
             as
             such
             from
             a
             
               foreign
               Power
            
             ;
             and
             as
             far
             as
             they
             were
             the
             Laws
             of
             the
             Kingdom
             ,
             it
             was
             by
             a
             
               Tacit
               Consent
            
             and
             Acceptation
             ;
             and
             not
             by
             any
             solemn
             Enacting
             of
             them
             .
             And
             as
             to
             such
             as
             these
             ,
             where
             the
             Laws
             were
             not
             received
             ,
             and
             the
             things
             were
             no
             farther
             evil
             ,
             than
             as
             they
             were
             prohibited
             by
             such
             a
             Foregin
             Power
             ,
             there
             is
             nothing
             but
             what
             is
             reasonable
             in
             the
             Case
             of
             11
             H.
             7.
             12.
             as
             it
             is
             in
             the
             Books
             .
          
           
             But
             when
             this
             hath
             been
             extended
             to
             Laws
             which
             have
             passed
             in
             the
             most
             solemn
             manner
             by
             the
             
               King
               in
               Parliament
            
             ;
             it
             is
             time
             not
             only
             to
             take
             notice
             of
             ,
             but
             to
             set
             forth
             the
             
               mischievous
               Consequences
            
             of
             this
             Distinction
             ,
             as
             it
             is
             so
             applied
             ;
             for
             it
             leaves
             us
             under
             no
             manner
             of
             Security
             by
             our
             Laws
             .
          
           
             3.
             
             It
             contradicts
             the
             Sense
             of
             our
             own
             Nation
             in
             former
             Ages
             .
             Which
             I
             shall
             shew
             in
             a
             remarkable
             Instance
             ,
             about
             the
             Statutes
             of
             Provisors
             ,
             35
             E.
             1.
             25
             
             E.
             3.
             13
             
             R.
             2.
             which
             were
             
               Prohibitory
               Statutes
            
             .
             And
             it
             cannot
             be
             supposed
             that
             at
             that
             time
             ,
             when
             the
             Pope
             was
             allowed
             to
             be
             
               Head
               of
               the
               Church
            
             ,
             and
             consequently
             
               Supreme
               Patron
            
             of
             the
             Benefices
             of
             it
             ,
             that
             the
             Acceptance
             of
             a
             Title
             to
             an
             
               Ecclesiastical
               Benefice
            
             from
             him
             ,
             should
             be
             thought
             
               Malum
               in
               se.
            
             But
             these
             Statutes
             being
             in
             force
             ,
             I
             shall
             make
             it
             appear
             that
             the
             King
             did
             own
             he
             had
             no
             Power
             to
             Dispense
             with
             them
             ,
             but
             as
             the
             Parliament
             thought
             fit
             to
             allow
             it
             .
          
           
             I
             begin
             with
             15
             R.
             2
             at
             a
             time
             ,
             
               when
               the
               Kingdom
               was
               in
               quiet
            
             ;
             and
             however
             ,
             could
             not
             be
             in
             any
             disturbance
             on
             the
             Account
             of
             the
             Statute
             of
             Provisors
             ,
             which
             the
             Nation
             desired
             and
             only
             those
             who
             depended
             on
             the
             Court
             of
             Rome
             opposed
             .
             But
             the
             Court-Bishops
             suggested
             that
             it
             was
             for
             the
             Kings
             Interest
             in
             dealing
             with
             the
             Court
             of
             Rome
             ,
             to
             have
             a
             Power
             to
             Relax
             and
             to
             Dispense
             with
             these
             Statutes
             as
             he
             saw
             Cause
             .
             Therefore
             the
             
             Arch-Bishop
             of
             York
             ,
             then
             Chancellor
             ,
             proposed
             it
             in
             the
             opening
             of
             the
             Parliament
             ,
             as
             one
             of
             the
             things
             for
             which
             it
             was
             called
             ,
             
             
               viz.
               To
               find
               out
               a
               Temperament
               in
               that
               Matter
               ,
               so
               as
               the
               Pope
               might
               not
               lose
               his
               Right
               ,
               nor
               the
               King
               his
               .
            
             After
             this
             Matter
             was
             debated
             ,
             the
             Commons
             declare
             their
             Assent
             
               en
               plein
               Parliament
            
             ,
             That
             
               without
               prejudice
               to
               the
               Rights
               of
               those
               who
               were
               in
            
             
             
               Possession
               by
               virtue
               of
               the
               Statute
               ,
               the
               King
               by
               the
               Advice
               and
               Consent
               of
               the
               Lords
               ,
               might
               Dispense
               with
               the
               said
               Statute
               ,
               so
               as
               should
               seem
               reasonable
               and
               useful
               till
               the
               next
               Parliament
               ,
               but
               so
               as
               the
               said
               Statute
               be
               repealed
               in
               no
               Article
               of
               it
               .
            
             And
             they
             reserve
             to
             themselves
             
               the
               Liberty
               of
               disagreeing
               the
               next
               Parliament
               .
            
             And
             they
             conclude
             with
             a
             solemn
             Protestation
             ,
             That
             
               this
               was
               a
               Novelty
               not
               practised
               before
               ,
               and
               ought
               not
               to
               be
               drawn
               into
               an
               Example
               and
               Precedent
               for
               the
               future
               ;
               and
               they
               desire
               this
               Protestation
               might
               be
               Entred
               and
               Recorded
               in
               the
               Rolls
               of
               Parliament
               ;
               which
               the
               King
               commanded
               to
               be
               done
               .
            
             Doth
             this
             now
             look
             like
             a
             
               Declaratory
               Act
            
             ,
             and
             
               made
               in
               Affirmance
               of
               the
               Kings
               Dispensing
               Power
               ?
            
             It
             might
             as
             well
             be
             said
             ,
             That
             an
             Act
             for
             Restraining
             the
             Prerogative
             ,
             is
             made
             in
             Affirmance
             of
             it
             .
             It
             is
             true
             ,
             there
             is
             a
             
               Dispensing
               Power
            
             granted
             ,
             but
             with
             such
             Restrictions
             and
             Limitations
             as
             shew
             ,
             that
             such
             a
             Power
             was
             not
             then
             thought
             to
             be
             inherent
             in
             the
             Crown
             .
             For
             ,
          
           
             1.
             
             Why
             should
             it
             be
             proposed
             to
             the
             Parliament
             to
             grant
             it
             ,
             if
             the
             King
             had
             it
             before
             ?
             Did
             the
             King
             ever
             put
             it
             to
             the
             Parliament
             to
             grant
             him
             a
             Power
             to
             
               Pardon
               Malefactors
            
             ?
             But
             in
             the
             case
             of
             Dispensing
             with
             a
             Law
             ,
             it
             was
             not
             only
             proposed
             but
             assigned
             ,
             as
             one
             Reason
             of
             calling
             the
             Parliament
             .
          
           
             2.
             
             Why
             
               till
               the
               next
               Parliament
            
             ,
             if
             it
             were
             owned
             to
             be
             an
             
               inherent
               Right
               of
               the
               Crown
            
             ?
             Would
             the
             Parliament
             go
             about
             to
             bound
             and
             limit
             an
             
               inseparable
               Prerogative
            
             in
             such
             a
             manner
             ?
          
           
             3.
             
             Why
             is
             it
             called
             
               a
               Novelty
               ,
               and
               a
               thing
               not
               to
               be
               drawn
               into
               example
               ?
            
             Was
             ever
             any
             thing
             like
             this
             said
             of
             a
             
               Declaratory
               Act
            
             ?
             The
             Natural
             Consequence
             whereof
             is
             just
             contrary
             ;
             that
             whereas
             some
             just
             Right
             of
             the
             Crown
             hath
             been
             contested
             and
             denied
             ,
             for
             the
             future
             it
             ought
             to
             be
             owned
             and
             submitted
             to
             by
             all
             Persons
             .
             It
             is
             hard
             to
             think
             of
             Words
             more
             inconsistent
             with
             a
             meer
             
               Declaratory
               Act
            
             than
             those
             ,
             
               Ne
               soit
               trait
               en
               ensample
               nen
               Consequence
               en
               temps
               avenir
               .
            
          
           
             4.
             
             If
             this
             were
             
               a
               Declaratory
               Act
            
             ,
             what
             need
             it
             be
             repeated
             so
             often
             in
             Parliament
             afterwards
             ?
             Were
             the
             Commons
             so
             forgetful
             of
             the
             Kings
             Prerogative
             ,
             as
             to
             need
             making
             so
             many
             
               Declaratory
               Acts
            
             about
             the
             same
             thing
             ?
             Yet
             thus
             we
             find
             it
             about
             this
             
               Dispensing
               Power
            
             ,
             as
             to
             the
             Statutes
             of
             Provisors
             .
          
           
             For
             16
             R.
             2.
             
             The
             
               Archbishop
               of
               York
            
             again
             declared
             in
             the
             opening
             of
             the
             Parliament
             ,
             That
             
               one
               Cause
               of
               calling
               it
               ,
               was
               to
            
             
             
               settle
               this
               Matter
               about
               Provisors
            
             .
             And
             the
             Commons
             again
             yielded
             ,
             
               The
               King
               should
               have
               such
               a
               Power
               to
               moderate
               it
               ,
               as
               he
               should
               with
               his
               Council
               judge
               expedient
               ;
               but
               so
               as
               it
               be
               all
               laid
               open
               before
               the
               next
               Parliament
               ,
               that
               they
               might
               upon
               good
               Advice
               agree
               to
               it
               .
            
          
           
           
             17
             R.
             2.
             
             Tydeman
             ,
             Abbot
             of
             Beauley
             ,
             was
             by
             the
             
               Popes
               Provision
            
             ,
             made
             
               Bishop
               of
               Landaff
            
             .
             But
             the
             King
             ,
             notwithstanding
             the
             
             former
             Proceedings
             ,
             did
             not
             take
             upon
             him
             to
             dispense
             with
             the
             Statute
             ,
             but
             left
             it
             to
             the
             Parliament
             ;
             and
             his
             Dispensation
             was
             passed
             by
             Act
             of
             Parliament
             ,
             the
             King
             ,
             Lords
             and
             Commons
             assenting
             thereto
             .
          
           
             20
             R.
             2.
             
             The
             Commons
             in
             Parliament
             do
             again
             Assert
             
               de
               bon
            
             
             
               gre
               de
               leur
               parte
               en
               plein
               Parlement
               ,
            
             That
             
               the
               King
               with
               his
               Council
               may
               dispense
               with
               the
               Statute
               of
               Provisors
               ,
               as
               shall
               seem
               fit
               ,
               so
               as
               the
               same
               be
               heard
               and
               examined
               the
               next
               Parliament
               ,
               and
               so
               corrected
               as
               shall
               be
               thought
               convenient
               by
               the
               King
               ,
               with
               the
               Advice
               of
               his
               Council
               in
               Parliament
               .
            
          
           
             1
             H.
             4.
             
             The
             Commons
             in
             like
             manner
             give
             their
             Assent
             ,
             That
             
             
               the
               King
               should
               have
               the
               same
               Power
               of
               Dispensing
               with
               the
               Statute
               ,
               which
               his
               Predecessors
               had
               ,
               and
               to
               Repeal
               and
               Annul
               it
               ,
               as
               should
               seem
               expedient
               to
               him
               .
            
             Which
             was
             no
             more
             than
             a
             
               General
               Dispensation
            
             .
             Yet
             notwithstanding
             this
             was
             recorded
             in
             Parliament
             .
          
           
             2
             H.
             4.
             
             The
             Commons
             appearing
             before
             the
             King
             and
             the
             
             Lords
             ,
             it
             was
             declared
             ,
             That
             the
             Dispensation
             should
             not
             extend
             to
             Cardinals
             or
             other
             Strangers
             .
             At
             the
             same
             Parliament
             a
             Petition
             was
             presented
             to
             the
             King
             ,
             That
             if
             any
             one
             did
             accept
             a
             Benefice
             by
             
               Papal
               Provision
            
             ,
             against
             the
             Statute
             ,
             and
             had
             his
             
             Pardon
             from
             the
             King
             for
             it
             ;
             yet
             if
             he
             went
             about
             to
             disturb
             the
             present
             Possessor
             ,
             by
             virtue
             of
             his
             Provision
             ,
             then
             his
             Pardon
             should
             be
             void
             ,
             and
             he
             should
             incur
             the
             Penalty
             of
             the
             Statute
             .
             To
             which
             the
             King
             gave
             his
             Assent
             .
          
           
             3
             H.
             4.
             
             The
             King
             having
             granted
             
               particular
               Licenses
            
             for
             Dispensations
             as
             to
             this
             Statute
             ,
             and
             finding
             the
             great
             Inconveniences
             
             which
             came
             by
             them
             ,
             he
             generally
             and
             universally
             revovoked
             them
             ,
             and
             promised
             in
             Parliament
             to
             find
             out
             some
             proper
             Remedy
             in
             this
             Matter
             .
          
           
             7
             H.
             4.
             
             The
             King
             was
             moved
             in
             Parliament
             to
             confirm
             that
             
             Revocation
             ;
             but
             he
             then
             took
             time
             to
             consider
             .
             But
             9
             H.
             4.
             c.
             8.
             the
             King
             reinforced
             in
             Parliament
             all
             the
             Statutes
             against
             Provisors
             ;
             as
             it
             is
             in
             Print
             .
          
           
             1
             H.
             5.
             
             The
             Commons
             pray
             ,
             That
             
               the
               Statutes
               may
               stand
               in
            
             
             
               full
               force
               against
            
             Provisors
             ;
             
               and
               that
               no
               Protection
               or
               Grant
               made
               by
               the
               King
               to
               hinder
               the
               Execution
               of
               the
               said
               Statutes
               ,
               shall
               be
               allowable
               ,
               or
               of
               any
               force
               ;
               and
               whatever
               is
               done
               contrary
               to
               them
               ,
               shall
               be
               null
               .
            
          
           
             The
             Answer
             is
             ,
             
               Let
               the
               Statutes
               be
               observed
               and
               kept
               .
            
             But
             if
             the
             Statutes
             were
             to
             be
             strictly
             observed
             ,
             what
             saving
             can
             there
             
             be
             
               to
               the
               King's
               Prerogative
            
             ?
             since
             the
             Statutes
             were
             Universal
             ,
             and
             the
             
               King
               's
               particular
               Grants
            
             in
             this
             Case
             were
             the
             great
             Motive
             of
             the
             Commons
             Desire
             to
             have
             them
             reinforced
             ,
             in
             the
             beginning
             of
             this
             King's
             Reign
             :
             And
             these
             Statutes
             continued
             in
             full
             Force
             to
             the
             Time
             of
             H.
             8.
             insomuch
             that
             Cardinal
             Woolsey
             was
             prosecuted
             by
             the
             King's
             Attorney
             ,
             for
             offending
             against
             them
             by
             his
             
               Legatine
               Power
            
             ,
             although
             he
             had
             the
             King's
             Assent
             to
             it
             ,
             and
             he
             exercised
             it
             several
             Years
             by
             his
             Permission
             .
             
               Stephen
               Gardiner
            
             ,
             in
             his
             Letter
             to
             the
             Protector
             ,
             saith
             ,
             
               That
               he
               obtained
               his
               Legatine
               Power
               by
               the
               King's
               Assent
               :
            
             From
             whence
             he
             observes
             ,
             
               What
               Danger
               they
               may
               fall
               in
               ,
               who
               break
               the
               Law
               with
               the
               King's
               Consent
            
             ;
             for
             in
             the
             
             Cardinal's
             Case
             ,
             he
             saith
             ,
             
               That
               because
               his
               Legatine
               Power
               was
               against
               the
               Laws
               of
               the
               Realm
               ,
               the
               Judges
               conclude
               the
               Offence
               to
               be
               such
               as
               incurred
               the
               Praemunire
               :
               And
               this
               he
               Asserts
               was
               the
               Sense
               of
               the
               Lawyers
               of
               that
               Time
            
             ;
             and
             for
             confirmation
             of
             it
             ,
             he
             brought
             the
             Case
             of
             the
             Lord
             
               Tiptoft
               ,
               who
               sufferd
               on
            
             Tower-Hill
             ,
             
               because
               in
               execution
               of
               the
               King's
               Commission
               ,
               he
               had
               offended
               against
               the
               Laws
               of
               the
               Realm
               :
               And
               of
               many
               Judges
               who
               had
               Fines
               set
               on
               their
               Heads
               in
               like
               Case
               ,
               for
               acting
               against
               the
               Law
               of
               the
               Realm
               by
               the
               King's
               Commandment
               .
            
          
           
             But
             it
             is
             pleaded
             on
             the
             other
             side
             ,
             
               That
               the
               Commons
            
             ,
             1
             H.
             5.
             
             n.
             22.
             
               put
               in
               the
               saving
               the
               King's
               Prerogative
               into
               their
               Petition
               concerning
               the
               Statute
               of
               Provisors
               ,
               that
               it
               may
               stand
               in
               full
               Force
               :
               And
               this
               was
               an
               owning
               the
               King's
               Dispensing
               Power
               by
               all
               the
               Commons
               in
               Parliament
               ,
               when
               they
               were
               in
               a
               high
               Debate
               with
               the
               Crown
               .
            
          
           
             This
             seems
             to
             have
             a
             good
             shew
             of
             Reason
             to
             any
             one
             that
             doth
             not
             consider
             the
             Practice
             of
             those
             Times
             ,
             in
             Acts
             of
             Parliament
             ;
             for
             the
             Petitions
             of
             the
             Commons
             ,
             before
             2
             H.
             5.
             were
             not
             taken
             entire
             and
             just
             as
             they
             delivered
             them
             ;
             but
             several
             Clauses
             were
             inserted
             by
             the
             Court
             ,
             especially
             such
             as
             seemed
             to
             preserve
             the
             
               King's
               Prerogative
            
             ;
             which
             the
             Commons
             found
             so
             inconvenient
             ,
             
             That
             the
             next
             Year
             ,
             as
             Serjeant
             Glanvil
             observed
             ,
             (
             and
             probably
             on
             the
             Occasion
             of
             these
             Savings
             ,
             1
             H.
             5.
             n.
             15
             ,
             and
             n.
             22.
             )
             the
             Course
             was
             altered
             ,
             and
             hath
             so
             continued
             .
          
           
             Therefore
             methinks
             so
             great
             Weight
             should
             not
             be
             laid
             on
             these
             Savings
             ,
             as
             if
             they
             implied
             the
             owning
             the
             
               Dispensing
               Power
            
             ,
             when
             the
             Design
             of
             the
             Law
             was
             against
             it
             .
             And
             the
             King's
             Answer
             is
             ,
             
               Let
               the
               Statutes
               be
               held
               and
               kept
               .
            
          
           
             I
             appeal
             to
             any
             Man's
             Understanding
             ,
             whether
             
               the
               saving
               the
               King's
               Prerogative
            
             can
             be
             any
             other
             than
             a
             
               General
               Clause
            
             put
             in
             ,
             without
             respect
             to
             the
             
               Dispensing
               Power
            
             ;
             since
             the
             Petition
             is
             against
             the
             Exercise
             of
             it
             ,
             and
             the
             Answer
             ,
             
               That
               the
               Statutes
               should
               be
               observed
               ?
            
             If
             they
             were
             observed
             ,
             what
             Use
             of
             the
             
               Dispensing
               Power
            
             ;
             for
             that
             lay
             in
             giving
             leave
             not
             to
             observe
             them
             ?
             What
             strange
             Sense
             is
             this
             ,
             The
             King
             promises
             ,
             
               The
               Statutes
               shall
               be
               kept
               ,
               saving
               his
               Prerogative
               ,
               that
               they
               may
               not
               be
               kept
               ?
            
             for
             ,
             they
             feared
             the
             not
             keeping
             them
             from
             such
             a
             Prerogative
             :
             and
             when
             the
             King
             therefore
             Yields
             
               they
               shall
               be
               kept
            
             ,
             he
             doth
             give
             up
             any
             such
             Prerogative
             ,
             or
             else
             he
             doth
             not
             answer
             their
             Petition
             .
          
           
           
             The
             Truth
             is
             ,
             when
             the
             Kings
             had
             got
             this
             Power
             into
             their
             Hands
             ,
             though
             it
             were
             with
             such
             Limitations
             at
             first
             ,
             yet
             they
             found
             Arts
             from
             time
             to
             time
             to
             keep
             it
             ,
             till
             at
             last
             they
             were
             unwilling
             to
             part
             with
             it
             ;
             as
             appears
             by
             H.
             4.
             but
             upon
             the
             restless
             Importunity
             of
             the
             Commons
             it
             was
             laid
             down
             by
             him
             .
             And
             now
             in
             the
             beginning
             of
             H.
             5.
             the
             Commons
             took
             Care
             to
             prevent
             its
             Rising
             in
             a
             new
             Reign
             ;
             but
             he
             being
             a
             Prince
             not
             ready
             to
             part
             with
             any
             thing
             which
             looked
             like
             Power
             ,
             was
             in
             probability
             ,
             not
             easie
             to
             be
             brought
             to
             confirm
             the
             Statute
             :
             of
             Provisors
             ,
             without
             some
             general
             Words
             of
             
               saving
               his
               Prerogative
            
             ,
             which
             the
             Commons
             might
             yield
             to
             ,
             that
             they
             might
             gain
             the
             main
             Point
             ;
             since
             those
             Words
             could
             signifie
             nothing
             against
             the
             very
             Intention
             and
             Design
             of
             the
             Law.
             
          
           
             IV.
             The
             Precedents
             in
             Law
             do
             contradict
             this
             Rule
             ;
             as
             will
             appear
             by
             those
             which
             are
             produced
             by
             the
             Lord
             Chief
             Justice
             Vaughan
             ,
             in
             the
             Case
             of
             Thomas
             and
             Sorrel
             .
             
          
           
             1.
             
             The
             King
             cannot
             Dispense
             with
             a
             
               Common
               Nusance
            
             ,
             for
             
               The
               King
            
             ,
             he
             saith
             ,
             
               cannot
               Pardon
               continuing
               Nusances
               ;
               but
               the
               Penalty
               he
               may
               .
            
          
           
             
               The
               King
               cannot
               Dispense
               with
               a
               Nusance
               to
               the
               High
               Ways
               ,
               by
               11
               H.
               7.
               he
               cannot
               Pardon
               or
               Discharge
               the
               Nusance
               ,
               or
               the
               suit
            
             
             
               for
               the
               same
               ,
               the
               High-ways
               being
               necessary
               for
               such
               as
               Trawel
            
             ;
             but
             
               Common
               Nusances
            
             are
             not
             
               mala
               in
               se
            
             ,
             which
             are
             not
             
               Evils
               at
               Common
               Law
            
             (
             as
             some
             understand
             them
             )
             but
             things
             so
             
               intrinsecally
               Evil
               ,
               that
               no
               Circumstances
               can
               make
               them
               lawful
               .
               Malum
               in
               se
            
             is
             a
             
               Moral
               Evil
            
             ,
             in
             its
             own
             Nature
             ;
             and
             therefore
             can
             never
             be
             Dispensed
             with
             ;
             but
             a
             
               Nusance
               at
               Common
               Law
            
             is
             but
             a
             
               Natural
               Evil
            
             ,
             and
             all
             the
             
               Moral
               Evil
            
             of
             it
             lies
             in
             the
             Prohibition
             by
             Law
             :
             And
             yet
             in
             these
             ,
             it
             is
             granted
             ,
             That
             the
             King
             cannot
             Dispense
             :
             And
             the
             Year-Book
             saith
             ,
             
               That
               a
               Licence
               to
               make
               a
               Nusance
               in
               the
               High
               Way
               were
               void
               :
            
             For
             what
             Reason
             ?
             Is
             it
             a
             thing
             forbidden
             by
             the
             Natural
             or
             Divine
             Law
             ?
             Cannot
             the
             King
             ,
             for
             his
             Will
             and
             Pleasure
             ,
             
               License
               the
               Making
               a
               Nusance
            
             ?
             and
             yet
             is
             it
             possible
             for
             Men
             of
             Sense
             to
             imagin
             ,
             That
             he
             can
             by
             his
             
               Dispensing
               Power
            
             give
             leave
             to
             do
             such
             things
             ,
             as
             in
             consequence
             overthrow
             our
             Laws
             and
             Religion
             ?
             Doth
             the
             Law
             take
             greater
             Care
             of
             the
             High-Way
             than
             of
             our
             Liberties
             and
             Religion
             ?
             This
             would
             seem
             strange
             Doctrine
             to
             People
             of
             another
             Country
             ,
             
               viz.
               That
               by
               the
               Law
               of
            
             England
             
               the
               King
               hath
               no
               Power
               over
               the
               High-Way
               ,
               to
               Dispense
               with
               a
               Common
               Nusance
               therein
               ,
               but
               he
               hath
               over
               the
               Laws
               made
               for
               the
               most
               Publick
               Good
               and
               Security
               of
               the
               Nation
               .
            
             And
             truly
             this
             cannot
             but
             seem
             strange
             to
             as
             many
             among
             our selves
             ,
             as
             allow
             themselves
             the
             Liberty
             of
             thinking
             ;
             Doth
             
               the
               Law
               only
               take
               care
               of
               Oxen
               and
               High-Ways
               ?
            
          
           
             But
             it
             is
             well
             observed
             by
             the
             Learned
             Chief
             Justice
             Vaughan
             ,
             That
             
               Publick
               Nusances
            
             ,
             are
             not
             
               mala
               in
               se
            
             ,
             but
             
               mala
               politica
               &
            
             
             introducta
             ;
             and
             
               when
               a
               thing
               is
               said
               to
               be
               prohibited
               by
               the
               Common
               
               Law
               ,
               the
               meaning
               is
               no
               more
               but
               that
               the
               Ancient
               Record
               of
               such
               a
               Prohibition
               is
               not
               to
               be
               found
            
          
           
             2.
             
             
               The
               King
               cannot
               Pardon
               the
               Damage
               done
               to
               particular
               Persons
               ,
            
             
             saith
             the
             same
             
               Chief
               Justice
               ,
               where
               the
               Suit
               is
               only
               the
               Kings
               ,
               but
               for
               the
               Benefit
               and
               Safety
               of
               a
               third
               Person
               ,
               the
               King
               cannot
               Dispense
               with
               the
               Suit
               ,
               but
               by
               Consent
               and
               Agreement
               of
               the
               Party
               concerned
               .
            
             And
             again
             ,
          
           
             
               Penal
               Laws
               ,
               the
               Breach
               whereof
               are
               to
               Men's
               particular
               Damage
               ,
               cannot
               be
               Dispensed
               with
               .
            
             
          
           
             And
             the
             
               Chief
               Justice
               Herbert
            
             owns
             ,
             
               That
               the
               King
               cannot
            
             
             
               Dispense
               with
               Laws
               which
               vest
               the
               least
               Right
               or
               Property
               in
               any
               of
               his
               Subjects
               .
            
          
           
             Here
             we
             see
             ,
             the
             Prerogative
             bounded
             ,
             where
             the
             
               Interest
               of
               particular
               Persons
               is
               concerned
            
             ;
             but
             doth
             the
             Law
             take
             more
             Care
             of
             them
             than
             of
             the
             
               Publick
               Interest
            
             ,
             and
             the
             concernment
             of
             the
             whole
             Nation
             ?
          
           
             But
             I
             find
             another
             Distinction
             in
             this
             Case
             ,
             viz.
             
             
               There
               is
               
               
                 Bonum
                 Publicum
              
               ;
               and
               Laws
               made
               for
               that
               may
               be
               
                 Dispensed
                 with
              
               :
               And
               there
               is
               
                 Bonum
                 singulorum
                 Populi
              
               ;
               and
               with
               Laws
               that
               concern
               that
               
                 the
                 King
                 cannot
                 Dispense
              
               .
            
          
           
             This
             is
             admirable
             Learning
             ,
             if
             it
             be
             brought
             out
             of
             these
             Terms
             :
             And
             the
             meaning
             is
             ,
             The
             King
             can
             do
             nothing
             to
             the
             Prejudice
             of
             the
             People
             in
             their
             
               Private
               Capacities
            
             ,
             but
             he
             can
             do
             what
             he
             will
             with
             the
             Publick
             .
             I
             had
             thought
             ,
             a
             Prince
             had
             been
             ,
             in
             the
             first
             Place
             ,
             bound
             to
             regard
             the
             Good
             of
             the
             Publick
             ,
             and
             to
             take
             Care
             of
             the
             
               salus
               Populi
               complicati
            
             ,
             (
             as
             it
             is
             called
             )
             
               i.
               e.
            
             as
             they
             are
             imbodied
             together
             ,
             and
             not
             of
             the
             Private
             Interests
             of
             particular
             Men
             ,
             which
             can
             never
             be
             preserved
             ,
             when
             the
             Publick
             Safety
             is
             not
             secured
             .
          
           
             3.
             
             It
             is
             granted
             ,
             
               That
               in
               Penal
               Laws
               ,
               by
               Act
               of
               Parliament
               ,
            
             
             
               where
               the
               Offenders
               are
               punishable
               at
               the
               King's
               Suit
               ,
               but
               where
               the
               Offence
               is
               to
               the
               immediate
               Wrong
               of
               Particular
               Persons
               ,
               and
               for
               which
               the
               Law
               gives
               them
               special
               Actions
               ,
               the
               King
               cannot
               Dispense
               .
            
          
           
             Never
             was
             Law
             more
             tender
             of
             the
             Interest
             of
             
               Particular
               Persons
            
             than
             ours
             :
             But
             suppose
             a
             
               Penal
               Law
               by
               Act
               of
               Parliament
               ,
            
             relates
             immediately
             to
             the
             Publick
             ,
             and
             gives
             no
             particular
             Persons
             
               any
               Special
               Actions
            
             ;
             is
             such
             a
             Law
             therefore
             Dispensable
             ,
             because
             only
             the
             
               Publick
               Good
            
             ,
             and
             the
             Safety
             of
             the
             Nation
             are
             concerned
             ?
             which
             are
             not
             (
             it
             seems
             )
             to
             be
             valued
             with
             the
             Private
             Interests
             of
             
               Particular
               Men.
            
             They
             who
             affirm
             such
             things
             ,
             may
             be
             very
             learned
             in
             Book
             Cases
             ;
             but
             they
             do
             not
             seem
             to
             have
             studied
             the
             
               Jus
               Publicum
            
             ,
             as
             Bracton
             calls
             it
             ,
             which
             concerns
             
               Statum
               Reipub.
            
             or
             the
             
               Political
               Law
            
             of
             this
             Nation
             ;
             
             which
             shews
             the
             great
             Respect
             which
             the
             Good
             of
             the
             Community
             ought
             to
             have
             above
             
               Private
               Interests
            
             :
             But
             when
             Persons
             take
             up
             their
             Notions
             and
             Maxims
             ,
             from
             Laws
             relating
             to
             Meum
             and
             Tuum
             ,
             they
             are
             very
             apt
             to
             judge
             of
             
               Publick
               Laws
            
             ,
             according
             to
             those
             Measures
             .
          
           
           
             4.
             
             It
             is
             granted
             ,
             
               That
               the
               King
               cannot
               license
               a
               Baker
               ,
               Brewer
               ,
            
             
             
               or
               Victualler
               to
               break
               the
               Assize
               of
               Bread
               or
               Ale
               ,
               nor
               a
               Miller
               to
               take
               more
               Toll
               than
               the
               Law
               appoints
            
             (
             therefore
             these
             are
             
               mala
               prohibita
               )
               ;
               nor
               a
               Taverner
               to
               break
               the
               Assize
               of
               Wine
               ;
               Nor
               a
               Butcher
               to
               sell
               measled
               Swines-Flesh
               or
               Murrain
               Flesh
               ;
               nor
               any
               Man
               to
               forestal
               the
               Market
               ,
               by
               a
            
             non
             obstante
             
               of
               the
               Statute
            
             de
             Pistoribus
             ;
             
               which
               prohibits
               all
               these
               under
               several
               Penalties
               .
            
          
           
             
               Nor
               can
               he
               licence
               Butchers
               ,
               Fishmongers
               ,
               Poulterers
               ,
               or
               other
               Sellers
               of
               Victuals
               ;
               nor
               Hostlers
               to
               sell
               Hay
               and
               Oats
               at
               what
               Price
               they
               please
               ,
               by
               a
            
             non
             obstante
             
               of
               the
               Statute
               of
            
             23
             E.
             3.
             c.
             6.
             and
             13
             R.
             2.
             c.
             8.
             
          
           
             Still
             the
             Law
             is
             extreamly
             tender
             of
             us
             ,
             as
             to
             Meat
             and
             Drink
             ,
             and
             not
             only
             for
             our selves
             ,
             but
             for
             our
             Horses
             too
             ;
             so
             that
             the
             King
             cannot
             Dispense
             with
             the
             Laws
             about
             them
             :
             And
             yet
             can
             we
             think
             so
             meanly
             of
             the
             Wisdom
             of
             our
             Ancestors
             ,
             that
             they
             would
             take
             such
             Care
             of
             Bread
             ,
             and
             Wine
             ,
             and
             Horse-Meat
             ,
             that
             the
             King
             himself
             could
             not
             inhance
             the
             Price
             of
             them
             ;
             but
             that
             as
             to
             their
             Laws
             ,
             which
             relate
             to
             the
             Publick
             ,
             they
             were
             content
             to
             leave
             them
             to
             the
             Will
             and
             Pleasure
             of
             their
             Prince
             ?
             No
             one
             that
             reads
             the
             History
             of
             our
             Ancestors
             ,
             and
             the
             Contests
             they
             had
             with
             Kings
             to
             obtain
             their
             
               Publick
               Liberties
            
             ,
             could
             ever
             entertain
             such
             a
             Thought
             concerning
             them
             .
          
           
             5.
             
             
               If
               Foreign
               Manufactures
               or
               Foreign
               Corn
               be
               prohibited
               for
               support
               of
               the
               Natives
               ,
               a
               Licence
               to
               one
               or
               more
               ,
               to
               bring
               them
               in
               ,
               if
            
             
             
               General
               ,
               is
               void
               by
               the
               Case
               of
               Monopolies
               ,
               notwithstanding
               a
            
             non
             obstante
             .
          
           
             This
             is
             certainly
             
               Malum
               prohibitum
            
             ;
             and
             yet
             the
             King
             cannot
             Dispense
             with
             it
             .
             And
             it
             is
             really
             a
             very
             hard
             Case
             ,
             if
             the
             King
             cannot
             Dispense
             with
             a
             Monopoly
             in
             Trade
             ,
             and
             may
             Dispense
             with
             a
             Monopoly
             in
             
               Religion
               ,
               i.
               e.
            
             That
             notwithstanding
             all
             the
             Laws
             for
             setling
             our
             Religion
             at
             Home
             ,
             he
             may
             grant
             a
             Licence
             to
             Foreigners
             to
             introduce
             another
             ,
             although
             never
             so
             repugnant
             to
             our
             Laws
             ;
             for
             none
             who
             understood
             our
             Affairs
             ,
             could
             imagine
             ,
             That
             this
             
               Dispensing
               Power
            
             was
             set
             up
             for
             any
             other
             End.
             
          
           
             But
             what
             shall
             we
             say
             to
             the
             Precedents
             on
             the
             other
             side
             ?
             I
             shall
             pass
             by
             others
             ,
             which
             have
             been
             sufficiently
             answered
             already
             ,
             and
             only
             speak
             to
             that
             which
             above
             all
             others
             hath
             been
             declared
             to
             be
             the
             Foundation
             of
             the
             
               Dispensing
               Power
            
             ;
             and
             therefore
             deserves
             to
             be
             farther
             cleared
             ;
             and
             that
             is
             ,
          
           
             The
             Case
             of
             
               Dispensing
               with
               the
               Statutes
               about
               Men's
               continuing
               Sheriffs
               more
               than
               a
               Year
            
             ;
             which
             is
             urged
             as
             plain
             and
             concluding
             ,
             
             because
             
               it
               was
               for
               a
               Publick
               Good
               ,
               and
               preventing
               great
               Mischiefs
               ;
               yet
               the
               King's
               Power
               of
               Dispensing
               in
               this
               Case
               was
               allowed
               by
               all
               the
               Judges
               of
            
             England
             ,
             2
             H.
             7.
             
               and
               this
               hath
               been
               cited
               as
               adjudged
               in
               several
               Books
               of
               great
               Authority
               ,
            
             Fitz-Herbert
             ,
             Plowden
             ,
             Coke
             ,
             
               &c.
               and
               the
               Practice
               hath
               ever
               since
               been
               accordingly
               .
            
          
           
           
             This
             is
             the
             whole
             strength
             of
             the
             Argument
             .
             And
             I
             shall
             not
             repeat
             what
             others
             have
             already
             said
             ,
             to
             shew
             that
             this
             was
             not
             the
             Reason
             of
             the
             
               Judicial
               Sentence
            
             then
             given
             ;
             but
             the
             particular
             Ground
             of
             one
             of
             the
             
               Judges
               ,
               after
               they
               had
               declared
               the
               Patent
               to
               be
               good
               .
            
             But
             however
             that
             were
             ,
             it
             cannot
             be
             denied
             ,
             that
             great
             Lawyers
             since
             that
             time
             ,
             have
             taken
             it
             to
             have
             been
             the
             Sense
             of
             the
             Judges
             then
             .
             For
             
             Coke's
             Words
             are
             express
             in
             
             Calvin's
             Case
             ;
             
               It
               is
               Enacted
               by
               the
               Parliament
               of
            
             23.
             
             H.
             6.
             
             
               That
               no
            
             
             
               man
               should
               serve
               the
               King
               as
               Sheriff
               of
               any
               County
               above
               one
               Year
               ,
               and
               that
               notwithstanding
               of
               any
               Clause
               of
            
             Non-obstante
             
               to
               the
               contrary
               ,
               that
               is
               to
               say
               ,
               notwithstanding
               that
               the
               King
               should
               expresly
               dispense
               with
               the
               said
               Statute
               ;
               howbeit
               ,
               it
               is
               agreed
               in
            
             2
             H.
             7.
             
             
               That
               against
               the
               express
               purview
               of
               that
               Act
               ,
               the
               King
               may
               by
               a
               special
            
             Non-obstante
             
               dispense
               with
               that
               Act.
            
             
          
           
             Here
             it
             is
             plain
             ,
             that
             in
             
             Coke's
             Opinion
             ,
             at
             least
             ,
             the
             Judges
             did
             agree
             ,
             that
             although
             King
             and
             Parliament
             had
             made
             an
             Act
             which
             made
             void
             any
             Grant
             with
             a
             
               Non
               obstante
            
             ,
             yet
             that
             such
             a
             Grant
             made
             afterwards
             ,
             with
             a
             special
             
               Non
               obstante
            
             ,
             was
             good
             .
          
           
             I
             am
             not
             much
             concerned
             ,
             whether
             it
             were
             their
             Opinion
             or
             not
             ;
             because
             I
             think
             there
             is
             much
             greater
             Reason
             ,
             and
             stronger
             Authority
             on
             the
             other
             side
             .
          
           
             1.
             
             As
             to
             Reason
             :
             If
             a
             Non-obstante
             from
             the
             King
             ,
             be
             good
             ,
             when
             by
             Act
             of
             Parliament
             a
             
               Non-obstante
               is
               declared
               void
            
             ,
             what
             doth
             an
             Act
             of
             Parliament
             signifie
             in
             such
             a
             Case
             ?
             Must
             we
             say
             ,
             
               It
               is
               a
               void
               Clause
            
             ?
             But
             then
             to
             what
             purpose
             was
             it
             put
             in
             ?
             Did
             they
             who
             made
             the
             Act
             ,
             understand
             it
             to
             be
             a
             
               void
               Clause
            
             when
             they
             put
             it
             in
             ?
             Certainly
             ,
             it
             was
             then
             thought
             otherwise
             ;
             and
             if
             it
             were
             so
             ,
             we
             have
             the
             Authority
             of
             the
             Parliament
             against
             the
             Opinion
             of
             the
             Judges
             .
             If
             it
             were
             not
             
               a
               void
               Clause
            
             then
             ,
             how
             came
             it
             to
             be
             so
             afterwards
             ?
             What
             Alteration
             was
             made
             in
             the
             
               Law
               of
               England
            
             in
             that
             Interval
             ,
             and
             by
             whom
             ?
             How
             comes
             a
             Clause
             that
             had
             force
             in
             23
             H.
             6.
             to
             have
             none
             ,
             2
             H.
             7
             ?
             Could
             Radcliff
             or
             the
             rest
             ,
             by
             their
             Opinions
             ,
             destroy
             the
             Force
             of
             an
             Act
             of
             Parliament
             ?
          
           
             No
             ;
             But
             Coke
             saith
             ,
             
               No
               Act
               can
               bind
               the
               King
               from
               any
               Prerogative
               which
               is
               sole
               and
               inseparable
               from
               his
               Person
               ;
               but
               he
               may
            
             
             
               dispense
               with
               it
               by
               a
            
             Non-obstante
             ,
             
               as
               a
               Sovereign
               Power
               to
               command
               any
               of
               his
               Subjects
               to
               serve
               him
               for
               the
               Publick
               Weal
               ,
               and
               this
               solely
               and
               inseparably
               is
               annexed
               to
               his
               Person
               ;
               and
               this
               Royal
               Power
               cannot
               be
               restrained
               by
               any
               Act
               of
               Parliament
               ,
               neither
               in
            
             Thesi
             
               nor
               in
            
             Hypothesi
             ;
             
               but
               that
               the
               King
               by
               his
               Royal
               Power
               may
               dispense
               with
               it
               ;
               for
               upon
               the
               Commandment
               of
               the
               King
               and
               Obedience
               of
               the
               Subject
               ,
               does
               his
               Government
               consist
               ;
               as
               it
               is
               provided
               by
               the
               Statute
               of
            
             23
             H.
             6.
             c.
             8.
             
             
               That
               all
               Patents
               made
               or
               to
               be
               made
               of
               any
               Office
               of
               a
               Sheriff
               ,
            
             &c.
             
               for
               Term
               of
               years
               ,
               or
               for
               Life
               ,
               in
               Fee-simple
               or
               in
               Tail
               ,
               are
               void
               and
               of
               none
               effect
               ,
               any
               Clause
               or
               Parol
               of
            
             Non-obstante
             
               put
               or
               to
               be
               put
               into
               such
               Patents
               to
               be
               made
               notwithstanding
               .
               And
               further
               ,
               Whosoever
               shall
               take
               upon
               him
               or
               them
               to
               accept
               or
               occupy
               such
               Office
               of
               Sheriff
               ,
               by
               vertue
               of
               such
               Grants
               or
               
               Patents
               ,
               shall
               stand
               perpetually
               disabled
               to
               be
               or
               bear
               the
               Office
               of
               Sheriff
               within
               any
               County
               of
            
             England
             ,
             
               by
               the
               same
               Authority
               .
               And
               notwithstanding
               that
               by
               this
               Act
               ,
            
             1.
             
             
               The
               Patent
               is
               made
               void
            
             .
             2.
             
             
               The
               King
               is
               restrained
               to
               grant
               a
            
             Non-obstante
             .
             3.
             
             
               The
               Grantee
               disabled
               to
               take
               the
               Office
               ,
               yet
               the
               King
               by
               his
               Royal
               Sovereign
               Power
               of
               commanding
               ,
               may
               command
               by
               his
               Patent
               (
               for
               such
               Causes
               as
               he
               in
               his
               Wisdom
               doth
               think
               meet
               and
               profitable
               for
               himself
               and
               the
               Commonwealth
               ,
               of
               which
               he
               himself
               is
               sole
               Judge
               )
               to
               serve
               him
               and
               the
               Weal
               Publick
               ,
               as
               Sheriff
               for
               such
               a
               County
               ,
               for
               years
               or
               for
               Life
               ,
            
             &c.
             
             
               And
               so
               was
               it
               resolved
               by
               all
               the
               Justices
               of
            
             England
             
               in
               the
               Exchequer
               Chamber
               '
            
             2
             H.
             7.
             
          
           
             Here
             the
             Point
             is
             resolved
             into
             
               an
               inseparable
               Prerogative
               in
               the
               King
            
             ;
             which
             no
             
               Act
               of
               Parliament
            
             can
             restrain
             ,
             although
             made
             with
             his
             own
             Consent
             .
             Is
             there
             no
             Act
             of
             Parliament
             then
             ,
             which
             this
             great
             Lawyer
             will
             allow
             to
             restrain
             the
             King's
             Prerogative
             ,
             so
             as
             he
             cannot
             disperse
             with
             it
             ?
             What
             saith
             he
             to
             the
             Case
             of
             
               Buying
               Offices
               at
               Court
            
             ?
             Cannot
             the
             King
             by
             vertue
             of
             his
             Prerogative
             ,
             order
             his
             Houshold
             as
             he
             pleases
             ,
             to
             dispose
             of
             Offices
             about
             him
             ,
             as
             he
             thinks
             fit
             ;
             No.
             The
             same
             Lawyer
             saith
             ,
             That
             no
             Non
             obstante
             
               could
               dispense
               with
               the
               Act
               against
            
             
             
               buying
               of
               Offices
            
             .
             And
             yet
             one
             would
             think
             that
             the
             King
             had
             as
             great
             a
             Prerogative
             in
             the
             Court
             ,
             as
             over
             the
             Kingdom
             .
          
           
             But
             how
             comes
             he
             to
             say
             ,
             
               That
               the
               King
               can
               dispense
               notwithstanding
               the
               Disability
               ,
            
             when
             elsewhere
             he
             saith
             ,
             
               The
               King
               cannot
               dispense
               in
               the
               Case
               of
               a
               Disability
               by
               Law
               ?
            
             For
             the
             Reason
             he
             gives
             why
             the
             
               King
               cannot
               present
            
             a
             Man
             to
             a
             Living
             who
             is
             convict
             of
             Simony
             ,
             is
             ,
             because
             
               the
               Law
               hath
               disabled
               him
            
             .
             Very
             
             well
             .
             And
             yet
             in
             this
             Case
             ,
             although
             the
             
               Law
               hath
               disabled
               him
            
             ,
             the
             King
             may
             dispense
             .
             Where
             are
             we
             now
             ?
             The
             King
             can
             dispense
             with
             a
             Disability
             ,
             and
             he
             cannot
             dispense
             with
             it
             .
             This
             is
             indeed
             a
             very
             
               dark
               learning
               of
               Dispensations
            
             ,
             as
             C.
             
               Justice
               Vaughan
            
             well
             called
             it
             ;
             for
             we
             cannot
             yet
             find
             the
             way
             through
             it
             .
          
           
             Can
             the
             
               King
               dispense
               with
               a
               Disability
               in
               Law
            
             or
             not
             ?
             If
             not
             ,
             the
             
               Case
               of
               Sheriffs
            
             is
             gone
             .
             If
             he
             can
             ,
             then
             why
             not
             in
             the
             case
             of
             Symony
             ?
             Why
             not
             ,
             as
             to
             
               sitting
               in
               Parliament
               without
               taking
               the
               Oaths
               ?
            
             No
             ,
             here
             
               is
               a
               Disability
               in
               Law.
            
             What
             then
             ?
             Cannot
             the
             K.
             dispense
             with
             a
             
               Disability
               in
               one
               Case
            
             ,
             as
             well
             as
             
               the
               other
            
             ?
             Bu
             :
             the
             same
             Person
             saith
             ,
             That
             in
             that
             Case
             ,
             
               because
               the
               Words
               amount
               to
               a
               Disability
               ,
               the
               King
               cannot
               dispense
               ,
            
             and
             here
             ,
             where
             the
             
             Disability
             is
             expressed
             ,
             he
             may
             .
          
           
             But
             we
             are
             lately
             told
             ,
             there
             are
             two
             sorts
             of
             Disabilities
             :
             one
             is
             
               actually
               incurred
               ,
               as
               that
               upon
               the
               Members
               who
               sit
               without
            
             
             
               taking
               the
               Oaths
               ;
               and
               the
               other
               is
               a
               Disability
               annexed
               to
               the
               Breach
               of
               a
               Law
               ,
               as
               a
               penalty
               ,
               and
               that
               penalty
               not
               to
               be
               incurred
               before
               a
               Legal
               Conviction
               ;
               and
               in
               this
               Case
               the
               King's
               Dispensation
               coming
               before
               the
               Conviction
               doth
               prevent
               it
               ,
               by
               making
               that
               lawful
               which
               would
               not
               have
               been
               so
               without
               it
               .
               But
               when
               a
               Disability
               is
               actually-incurred
               ,
               it
               cannot
               be
               taken
               off
               but
               by
               Act
               of
               Parliament
               .
            
             
          
           
           
             I
             Answer
             ,
             That
             if
             the
             Law
             which
             
               makes
               the
               Disability
            
             ,
             doth
             allow
             of
             a
             Dispensation
             antecedent
             to
             the
             Conviction
             ,
             then
             I
             grant
             that
             the
             Dispensation
             before
             Conviction
             ,
             prevents
             the
             Disability
             .
             As
             in
             
             Digby's
             Case
             ;
             if
             the
             Dispensation
             had
             come
             before
             Institution
             ,
             
             the
             Disability
             ,
             as
             to
             holding
             the
             former
             Living
             ,
             had
             been
             prevented
             ;
             because
             the
             Law
             doth
             expresly
             allow
             of
             a
             Dispensation
             in
             the
             Case
             .
             But
             here
             is
             no
             such
             thing
             .
             The
             Act
             of
             Parliament
             ,
             supposes
             no
             Dispensation
             ,
             but
             makes
             an
             
               utter
               Disability
            
             ,
             as
             to
             the
             holding
             the
             Office
             ,
             in
             Sir
             
               Edward
               Hales
            
             his
             Case
             ;
             but
             a
             
               dispensing
               Power
            
             is
             set
             up
             against
             the
             
               Act
               of
               Parliament
            
             ,
             and
             such
             a
             Dispensation
             neither
             before
             nor
             after
             Conviction
             ,
             can
             prevent
             a
             Disability
             If
             it
             could
             ,
             I
             can
             by
             no
             means
             see
             why
             it
             might
             not
             as
             well
             hold
             as
             to
             Members
             of
             Parliament
             ,
             (
             at
             least
             as
             to
             the
             Oath
             of
             Supremacy
             )
             if
             they
             take
             their
             Dispensation
             before
             Sitting
             in
             the
             House
             .
             For
             the
             Disability
             doth
             not
             take
             place
             till
             they
             enter
             the
             Parliament
             ,
             5
             
               Eliz.
               c.
            
             1.
             
             
               And
               he
               that
               entreth
               the
               Parliament
               without
               taking
               the
               said
               Oath
               ,
               shall
               be
               deemed
               no
               Knight
               ,
               Citizen
               ,
               Burgess
               ,
               or
               Baron
               ,
               nor
               shall
               have
               any
               Voice
               ,
               but
               shall
               be
               as
               if
               he
               had
               been
               never
               Returned
               or
               Elected
               .
            
          
           
             The
             Intention
             of
             the
             Law
             for
             the
             Test
             ,
             was
             a
             
               disability
               to
               hold
               the
               Office
            
             ;
             but
             it
             allows
             time
             for
             Persons
             to
             qualifie
             themselves
             ,
             as
             appears
             by
             the
             Act
             for
             the
             Test.
             Is
             not
             this
             plain
             overthrowing
             the
             design
             of
             the
             Law
             ,
             for
             Persons
             instead
             of
             doing
             what
             the
             Law
             requires
             ,
             to
             take
             out
             a
             Dispensation
             for
             not
             doing
             it
             ,
             and
             so
             prevent
             the
             Disability
             ?
             And
             what
             doth
             a
             Law
             signifie
             ,
             when
             the
             very
             design
             of
             it
             is
             overthrown
             ?
             And
             what
             is
             the
             Power
             of
             making
             Laws
             by
             common
             Consent
             in
             Parliament
             ,
             if
             without
             such
             Consent
             ,
             the
             whole
             force
             of
             the
             Law
             may
             be
             taken
             away
             by
             a
             
               dispensing
               Power
            
             ?
             So
             that
             this
             doth
             not
             meerly
             make
             Laws
             to
             signifie
             nothing
             but
             according
             to
             
               Will
               and
               Pleasure
            
             ;
             but
             it
             makes
             our
             very
             Constitution
             insignificant
             ;
             which
             requires
             to
             every
             Law
             the
             Consent
             of
             the
             People
             in
             Parliament
             .
          
           
             As
             for
             Instance
             ,
             By
             the
             
               first
               Constitution
            
             of
             the
             
               Roman
               Government
            
             ,
             the
             
               King
               had
               the
               custody
               of
               the
               Laws
               ,
               but
               no
               Laws
               were
            
             
             
               to
               be
               made
               but
               by
               the
               Consent
               of
               the
               Roman
               People
               in
               the
            
             Curiae
             ,
             (
             thence
             called
             
               Leges
               Curiatae
            
             )
             Would
             any
             one
             have
             thought
             this
             any
             Privilege
             ,
             if
             after
             these
             Laws
             were
             passed
             ,
             the
             King
             should
             claim
             
               an
               inseparable
               Prerogative
               of
               dispensing
            
             with
             them
             as
             he
             sees
             Cause
             ?
             For
             it
             is
             implied
             in
             such
             a
             Fundamental
             Contract
             as
             this
             ,
             that
             Laws
             when
             made
             ,
             should
             not
             lose
             their
             Force
             without
             their
             Consent
             who
             made
             them
             .
             Else
             it
             is
             not
             
               Contractus
               bonae
               Fidei
            
             .
          
           
             I
             will
             not
             dispute
             whether
             this
             were
             the
             
               Original
               Contract
            
             of
             our
             Nation
             or
             not
             ;
             but
             this
             I
             may
             say
             ,
             That
             when
             our
             Government
             came
             to
             a
             Settlement
             ,
             after
             long
             struglings
             ,
             this
             was
             one
             of
             the
             
               Fundamental
               Articles
            
             of
             it
             ,
             That
             
               no
               Laws
               should
               pass
               ,
               or
               Burdens
               should
               be
               laid
               upon
               the
               People
               but
               by
               their
               own
               Consent
               in
            
             
             
               arliament
               .
               Bracton
            
             saith
             ,
             That
             
               a
               Law
               among
               us
               ,
               supposes
               the
               
               Authority
               of
               the
               Prince
               and
               the
               Council
               ,
               and
               Consent
               of
               the
               great
               Men
               ,
               and
               Agreement
               of
               the
               Common-wealth
               .
            
          
           
             And
             he
             adds
             further
             ,
             That
             our
             Laws
             being
             thus
             made
             and
             established
             ,
             
               mutari
               non
               poterunt
               ,
               nec
               destrui
               sine
               communi
               Consensu
            
             
             
               &
               Consilio
               eorum
               omnium
               quorum
               Consilio
               &
               Consensu
               fuerunt
               promulgatae
               :
            
             Which
             are
             very
             remarkable
             Words
             against
             a
             
               dispensing
               power
            
             .
             For
             that
             doth
             imply
             a
             
               Power
               to
               change
               the
               Law
            
             ,
             and
             in
             effect
             ,
             
               to
               destroy
               it
            
             ,
             without
             the
             Advice
             or
             Consent
             of
             those
             that
             made
             it
             .
             He
             saith
             indeed
             ,
             
               The
               Law
               may
               be
               improved
               without
               their
               Consent
               ,
               i.
               e.
            
             by
             the
             Judges
             Interpretation
             as
             to
             
               parallel
               Cases
            
             not
             expressed
             .
             But
             if
             any
             
               new
               or
               hard
               Case
            
             happens
             ,
             it
             ought
             ,
             he
             saith
             ,
             to
             be
             respited
             
               usque
               ad
               magnam
               Curiam
               ,
               i.
               e.
            
             to
             the
             Parliament
             ,
             
               ut
               ibi
               per
               Concilium
               Curiae
               terminentur
            
             ;
             that
             being
             the
             
               Supreme
               Judicature
            
             of
             the
             Nation
             .
          
           
             Fortescue
             ,
             who
             very
             well
             understood
             our
             Constitution
             ,
             saith
             ,
             That
             
               the
               King
               ,
               although
               he
               be
               the
               Head
               of
               the
            
             Political
             Body
             ,
             
             
               can
               neither
               change
               our
               Laws
               ,
               nor
               take
               away
            
             Property
             
               without
               Consent
            
             .
          
           
             And
             that
             our
             Laws
             are
             made
             ,
             
               not
               by
               the
            
             Princes
             
               Will
               ,
               but
               by
            
             
             
               General
               Consent
               ;
               Totius
               Regni
               Assensu
               :
            
             He
             saith
             ,
             
               They
               may
               be
               changed
               ,
               but
               it
               must
               be
               ,
               Non
               sine
               Communitatis
               &
               Procerum
               Regni
               Assensu
               ,
               quali
               ipsae
               primitus
               emanarunt
               .
            
          
           
             He
             takes
             notice
             ,
             That
             
               several
               of
               our
               Kings
               did
               not
               like
               our
            
             
             
               Constitution
               ,
               but
               affected
               a
               more
               Arbitrary
               ,
               and
               therefore
               approved
               the
               Civil
               Law
               ,
               for
               that
               Maxim
               ,
               Quod
               Principi
               placuit
               Legis
               habet
               vigorem
               .
            
             But
             he
             shews
             our
             Constitution
             to
             be
             better
             
               for
               King
               and
               People
            
             .
             For
             here
             he
             saith
             ,
             
               The
               King
               levies
               no
               Taxes
            
             ,
             
             
               nor
               alters
               Laws
               ,
               or
               makes
               new
               ones
               ,
               sine
               Concessione
               vel
               Assensu
               totius
               Regni
               sui
               in
               Parliamento
               suo
               expresso
               ..
            
          
           
             But
             certainly
             dispensing
             with
             Laws
             ,
             is
             
               altering
               them
            
             ;
             not
             as
             to
             their
             Words
             ,
             but
             as
             to
             the
             Intention
             and
             Design
             of
             them
             ,
             which
             is
             the
             main
             thing
             in
             a
             Law
             ;
             and
             he
             that
             alters
             the
             Law
             ,
             as
             to
             any
             one
             ,
             whose
             Case
             is
             common
             with
             others
             ,
             may
             alter
             it
             as
             to
             all
             others
             in
             equal
             Circumstances
             .
             And
             what
             doth
             such
             a
             Law
             then
             signifie
             ?
          
           
             In
             the
             Charter
             of
             King
             John
             ,
             the
             
               Commune
               Consilium
               Regni
            
             ,
             was
             
               to
               pass
               all
               Aids
               ;
               and
               besides
               particular
               Summons
               to
               the
               Great
               Men
               ,
               general
               Summons
               were
               to
               be
               given
               to
               others
               ,
               to
               appear
               within
               forty
               days
               ;
               and
               if
               they
               did
               not
               ,
               Matters
               were
               to
               go
               on
               however
               .
            
             This
             very
             Charter
             ,
             as
             appears
             by
             
               Matt.
               Paris
            
             ,
             was
             renewed
             ,
             9
             H.
             3.
             
             But
             he
             had
             learned
             the
             Trick
             of
             a
             
               Non
               obstante
            
             from
             his
             good
             Friend
             the
             Pope
             ;
             and
             when
             he
             was
             urged
             with
             his
             own
             Grants
             ,
             he
             said
             ,
             
               Doth
               not
               the
            
             Pope
             
               void
               his
               Grants
               with
               a
            
             
             Non-obstante
             ?
             
               Why
               may
               not
               I
               do
               the
               same
               by
               the
               Grants
               of
            
             my Self
             and
             my
             Predecessors
             ?
             To
             whom
             a
             sharp
             Reply
             was
             made
             .
             
               As
               long
               as
               he
               observed
               Justice
               in
               his
               Actings
               ,
               he
               would
               be
               King
               ,
               and
               no
               longer
               .
            
             Which
             I
             only
             mention
             to
             shew
             ,
             that
             the
             Use
             of
             a
             
               Non
               obstante
            
             was
             then
             looked
             on
             as
             a
             Violation
             of
             Justice
             .
          
           
           
             And
             so
             it
             must
             needs
             be
             ,
             if
             our
             Laws
             ,
             as
             Bracton
             saith
             ,
             be
             
               Communis
               Reipub.
               Sponsio
            
             ;
             for
             then
             they
             are
             of
             the
             
               Nature
               of
               Contracts
            
             ,
             and
             when
             Laws
             are
             so
             ,
             it
             is
             agreed
             by
             those
             who
             write
             of
             these
             Matters
             ,
             although
             otherwise
             no
             Enemies
             to
             a
             
               Dispensing
               Power
            
             ,
             That
             they
             are
             
               not
               to
               be
               Dispensed
               with
            
             by
             a
             
               non
               obstante
            
             .
          
           
             
               If
               a
               Prince
               makes
               a
               Grant
               of
               any
               thing
               wherein
               he
               hath
               Power
               to
               oblige
               himself
               in
               Justice
               ,
               it
               becomes
               ,
            
             saith
             
               Baselius
               Pontius
               ,
               of
               the
            
             
             
               Nature
               of
               a
               Contract
               ,
               which
               gives
               a
               Right
               to
               those
               to
               whom
               it
               is
               made
               ,
               and
               lays
               an
               Obligation
               of
               Justice
               upon
               him
               .
            
          
           
             
               Where
               a
               Grant
               is
               made
               for
               the
               Benefit
               of
               others
               ,
               and
               is
               ac
            
             
             
               cepted
               by
               them
               ,
               it
               is
               not
               in
               the
               Granter's
               Power
               to
               revoke
               it
               ,
            
             as
             Sanchez
             shews
             from
             many
             Authorities
             .
          
           
             And
             the
             Lawyers
             are
             of
             the
             same
             Mind
             ,
             as
             appears
             by
             what
             is
             already
             produced
             out
             of
             Baldus
             and
             others
             ;
             but
             I
             shall
             mention
             some
             who
             declare
             the
             Opinion
             of
             others
             .
          
           
             
               Explorati
               juris
               est
               eas
               Constitutiones
               quae
               in
               contractum
               transeunt
            
             
             
               ita
               ligare
               Principes
               ut
               iis
               derogare
               nequeant
               ,
            
             saith
             
               Gerl.
               Buxtorffius
            
             .
          
           
             Gail
             saith
             ,
             
               That
               Princes
               are
               bound
               by
               all
               Grants
               made
            
             per
             modum
             contractus
             de
             Jure
             Communi
             ;
             and
             that
             is
             the
             general
             
             Opinion
             .
          
           
             One
             of
             the
             latest
             Writers
             
               de
               Jure
               Gentium
            
             ,
             saith
             ,
             
               That
               Princes
               are
               more
               strongly
               bound
               by
               Laws
               ,
               which
               pass
               by
               way
               of
               Contracts
               ,
            
             
             
               than
               by
               any
               positive
               Laws
               made
               by
               Absolute
               Power
               ,
               Although
               they
               relate
               to
               the
               weightiest
               Points
               of
               Government
               .
            
          
           
             
               That
               a
               Prince
               cannot
               grant
               a
            
             non
             obstante
             
               to
               such
               Laws
               as
               he
            
             
             
               hath
               sworn
               to
               observe
            
             ;
             is
             not
             only
             the
             Opinion
             of
             other
             Lawyers
             ,
             but
             of
             some
             of
             the
             highest
             Canonists
             :
             And
             it
             is
             a
             Rule
             among
             them
             ,
             That
             no
             Clause
             of
             
               non
               obstante
            
             can
             take
             away
             
               Constitutionem
               Juratam
            
             .
          
           
             Where
             there
             is
             therefore
             not
             only
             a
             Contract
             with
             others
             in
             the
             passing
             of
             a
             Law
             ,
             but
             an
             
               Oath
               to
               observe
               the
               Laws
            
             ,
             I
             do
             not
             see
             how
             a
             
               non
               obstante
            
             or
             a
             
               Dispensing
               Power
            
             can
             take
             Place
             .
          
           
             2.
             
             We
             have
             the
             Advantage
             in
             Point
             of
             Authority
             as
             well
             as
             Reason
             ,
             as
             to
             this
             very
             Case
             of
             
               Dispensing
               with
               the
               Statute
               of
            
             23
             H.
             6.
             
          
           
             For
             I
             take
             it
             for
             granted
             ,
             That
             the
             Authority
             of
             Parliament
             is
             more
             to
             be
             regarded
             than
             the
             Opinion
             of
             Judges
             :
             And
             I
             think
             we
             have
             good
             Reason
             to
             believe
             ,
             That
             the
             Parliament
             did
             not
             think
             this
             Act
             could
             be
             voided
             by
             a
             
               non
               obstante
            
             .
          
           
             (
             1.
             )
             The
             Parliament
             that
             declared
             ,
             any
             
               non
               obstante
               against
               the
               Act
               to
               be
               void
               ,
            
             was
             certainly
             of
             that
             Opinion
             ;
             or
             else
             they
             did
             a
             ridiculous
             thing
             ,
             to
             put
             in
             a
             Clause
             which
             was
             
               void
               of
               it self
            
             .
          
           
             (
             2.
             )
             The
             Parliament
             ,
             28
             H.
             6.
             c.
             3.
             was
             of
             that
             Mind
             ;
             for
             what
             need
             
               an
               Indemnity
               by
               Act
               of
               Parliament
               ,
            
             if
             the
             King
             could
             by
             his
             
               Dispensing
               Power
            
             have
             made
             it
             lawful
             for
             the
             Sheriffs
             to
             continue
             ?
          
           
           
             (
             3.
             )
             The
             Parliament
             ,
             8
             E.
             4.
             4.
             continued
             in
             the
             same
             mind
             ,
             for
             ,
             whereas
             in
             the
             beginning
             of
             his
             Reign
             
               Sheriffs
               were
               continued
               more
               than
               a
               Year
               ,
               by
               reason
               of
               the
               Troubles
               ,
            
             it
             was
             not
             then
             thought
             ,
             (
             though
             in
             a
             Case
             of
             such
             Necessity
             )
             That
             the
             King
             could
             
               Dispense
               with
               this
               Law
            
             ;
             but
             they
             were
             
               indemnified
               by
               Act
               of
               Parliament
            
             ,
             and
             the
             
               Act
               declared
               to
               stand
               in
               full
               Force
               .
            
          
           
             (
             4.
             )
             the
             Parliament
             ,
             6
             H.
             8.
             c.
             18.
             after
             the
             supposed
             Judgment
             ,
             2
             H.
             7.
             
             And
             in
             the
             time
             of
             a
             Prince
             who
             would
             lose
             none
             of
             his
             Prerogatives
             ,
             was
             still
             of
             the
             same
             Judgment
             ;
             for
             it
             not
             only
             recites
             the
             Statute
             ,
             but
             particularly
             takes
             notice
             of
             the
             
               voiding
               all
               Pardons
            
             and
             
               non
               obstante's
            
             ;
             and
             
               by
               Act
               of
               Parliament
               indemnisies
               the
               Under-Sheriffs
               of
            
             Bristow
             ,
             
               and
               gives
               them
               the
               same
               Priviledge
               which
               those
               of
            
             London
             had
             .
             What
             need
             all
             this
             ,
             if
             it
             had
             been
             thought
             
               good
               Law
            
             at
             that
             time
             ,
             that
             the
             
               King
               might
               by
               his
               Dispensing
               Power
               have
               given
               Sheriffs
               leave
               to
               have
               acted
               against
               that
               Statute
               ?
            
          
           
             And
             now
             I
             leave
             any
             Man
             of
             Reason
             to
             judge
             ,
             Whether
             this
             famous
             Case
             be
             a
             sufficient
             Foundation
             for
             the
             seting
             up
             a
             
               Dispensing
               Power
            
             ,
             either
             as
             to
             a
             
               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
             Cases
             ,
             besides
             those
             which
             depended
             on
             the
             Canon-Law
             .
             
             For
             ,
             saith
             he
             ,
             
               the
               Pope
               usurped
               such
               a
               Power
               in
               derogation
               of
               the
               Authority
               Royal
               ,
               and
               then
               that
               Power
               must
               be
               originally
               in
               the
               King
               ;
               otherwise
               ,
               in
               the
               Construction
               of
               the
               Act
               ,
               it
               could
               be
               no
               Usurpation
               .
            
             But
             this
             is
             a
             very
             false
             way
             of
             Reasoning
             ;
             The
             Pope
             
               usurped
               such
               a
            
             Power
             
               on
               the
               Crown
            
             ;
             therefore
             
               the
               Crown
               hath
               it
               of
               Right
               :
            
             For
             the
             
               Popes
               Usurpations
            
             were
             many
             of
             them
             unreasonable
             (
             his
             Primacy
             ,
             according
             to
             Canons
             ,
             being
             allowed
             )
             and
             our
             Law
             did
             restore
             to
             the
             King
             the
             
               ancient
               Right
            
             and
             
               Jurisdiction
               of
               the
               Crown
            
             ,
             and
             not
             put
             him
             into
             the
             Possession
             of
             all
             the
             
               extravagant
               Power
            
             which
             the
             
               Pope
               usurped
            
             .
             For
             this
             Law
             charges
             the
             Pope
             
               with
               intolerable
               Exactions
               of
               great
               Sums
               of
               Money
               ,
               in
               Pensions
               ,
               Censes
               ,
               Peter-Pence
               ,
               Procurations
               ,
               Fruits
               ,
               Suits
               for
               Provisions
               and
               Expeditions
               of
               Bulls
               ,
               for
               Arch-Bishopricks
               and
               Bishopricks
               ,
               and
               for
               Delegates
               and
               Rescripts
               in
               Causes
               of
               Contentions
               and
               Appeals
               ,
               Jurisdictions
               Legantine
               ,
               as
               well
               as
               Dispensations
               ,
               Licenses
               ,
               Faculties
               ,
               Grants
               ,
               Relaxations
               ,
               Writs
               ,
               called
            
             Perinde
             valere
             ,
             
               Rehabilitations
               ,
               Absolutions
            
             ,
             &c.
             
             Now
             all
             these
             were
             Usurpations
             in
             
               Derogation
               of
               the
               Crown
            
             ;
             but
             doth
             it
             therefore
             follow
             that
             the
             Crown
             hath
             a
             Right
             to
             them
             all
             ?
             But
             to
             go
             no
             further
             than
             the
             Business
             of
             Dispensations
             ;
             Hath
             the
             King
             a
             Right
             by
             this
             Statute
             to
             dispense
             as
             far
             as
             the
             Pope
             ?
             The
             Pope
             
             usurped
             a
             Power
             of
             dispensing
             in
             
               Matrimonial
               Contracts
            
             ,
             in
             Oaths
             ,
             in
             Vows
             ,
             in
             some
             
               positive
               Divine
               Laws
            
             ,
             which
             I
             suppose
             H.
             8.
             by
             vertue
             of
             the
             Supremacy
             ,
             never
             pretended
             to
             .
             So
             that
             it
             is
             a
             very
             mistaken
             Notion
             of
             some
             Men
             ,
             That
             
               the
               King
               had
               all
               the
            
             Power
             ,
             
               which
               the
            
             Pope
             usurped
             .
             And
             as
             to
             the
             Act
             ,
             it
             is
             plain
             by
             the
             Words
             of
             it
             ,
             That
             the
             Original
             Power
             
               of
               Dispensing
            
             ,
             was
             lodged
             in
             the
             
               King
               ,
               Lords
               and
               Commons
            
             ,
             and
             the
             
               Ministerial
               Execution
            
             of
             it
             with
             the
             
               Arch
               Bishop
               of
               Canterbury
            
             ,
             even
             with
             respect
             to
             the
             King
             himself
             .
             But
             if
             the
             King
             had
             pretended
             to
             
               all
               the
            
             Power
             
               which
               the
            
             Pope
             usurped
             ,
             he
             must
             have
             dispensed
             with
             himself
             .
          
           
             But
             this
             Author
             offers
             to
             Prove
             ,
             That
             
               there
               is
               a
            
             Power
             
               in
               the
               Crown
               to
               dispense
               with
               Acts
               of
            
             Parliament
             ,
             
               even
               such
               as
               concern
            
             
             
               the
               Consecration
               of
               Bishops
               ;
               because
               it
               is
               said
               ,
            
             8
             Eliz.
             That
             
               the
               Queen
               by
               her
               Supreme
               Authority
               had
               dispensed
               with
               all
               causes
               or
               Doubts
               of
               any
               Imperfection
               or
               Disability
               in
               the
               Persons
               ,
            
             &c.
             
          
           
             To
             give
             a
             clear
             Answer
             to
             this
             ,
             we
             must
             consider
             these
             Things
             ;
          
           
             1.
             
             That
             ,
             1
             Eliz.
             1.
             
             The
             Act
             of
             25
             H.
             8.
             for
             the
             Order
             and
             Form
             of
             Electing
             and
             
               Making
               Arch-Bishops
            
             and
             Bishops
             ,
             was
             revived
             ;
             as
             appears
             by
             the
             same
             Act
             ,
             8.
             
             Eliz.
             1.
             7.
             
          
           
             2.
             
             That
             by
             another
             Act
             ,
             1
             Eliz.
             2.
             
             The
             
               Book
               of
               Common-Prayer
               and
               Administration
               of
               Sacraments
               and
               other
               Rites
               and
               Ceremonies
               of
               the
               Church
               of
            
             England
             ,
             
               which
               were
               in
               use
               in
               the
               time
               of
            
             6
             E.
             
               and
               repealed
               by
            
             Queen
             Mary
             ,
             were
             re-inforced
             ,
             1
             Eliz.
             2.
             2.
             and
             the
             
               Repeal
               annulled
            
             .
             But
             by
             the
             Act
             5
             and
             6
             E.
             6.
             c.
             1.
             
             §
             .
             5.
             the
             Form
             and
             Manner
             of
             making
             
               Arch-Bishops
               ,
               Bishops
               ,
               Priests
               ,
               and
               Deacons
               ,
               was
               added
               to
               the
               Book
               of
               Prayer
               ,
               as
               of
               like
               Force
               and
               Authority
               with
               it
               .
            
          
           
             3.
             
             That
             the
             Act
             of
             E.
             6.
             being
             revived
             with
             the
             express
             mention
             of
             the
             Alterations
             and
             Additions
             made
             to
             it
             ;
             there
             was
             ro
             Necessity
             apprehended
             ,
             1
             Eliz.
             to
             make
             a
             distinct
             Act
             for
             that
             which
             was
             in
             force
             already
             by
             the
             Name
             of
             
               Additions
               therein
               added
               and
               appointed
               by
               that
               Statute
               .
            
             And
             this
             ,
             I
             conceive
             ,
             was
             the
             true
             Reason
             why
             a
             Bill
             did
             not
             pass
             ,
             1
             Eliz.
             to
             that
             purpose
             :
             For
             ,
             I
             find
             by
             the
             Journals
             of
             the
             House
             ,
             a
             Bill
             was
             prepared
             and
             read
             the
             third
             time
             in
             the
             House
             of
             Lords
             ;
             but
             upon
             Consideration
             ,
             it
             was
             laid
             a
             side
             ,
             as
             superfluous
             .
          
           
             4.
             
             That
             the
             
               Popish
               Party
            
             took
             Advantage
             of
             this
             ,
             and
             pretended
             ,
             That
             the
             
               Book
               of
               Consecration
            
             ,
             &c.
             
               was
               not
               established
               by
               Law
               ,
               being
               not
               expresly
               mentioned
               ,
               and
               therefore
               the
               Bishops
               made
               by
               it
               ,
               were
               not
               Legal
               Bishops
               .
            
             And
             upon
             this
             Bonner
             resolved
             to
             stand
             the
             Trial
             against
             Horn
             ,
             Bishop
             of
             Winchester
             ,
             as
             may
             be
             seen
             in
             
               Dyer
               ,
               R.
            
             f.
             234.
             ,
             So
             that
             the
             Papists
             then
             stood
             upon
             it
             ,
             That
             
               the
               Crown
               could
               not
               dispense
               with
               Laws
            
             ;
             otherwise
             
               Bonner's
               Plea
            
             signified
             nothing
             .
             For
             if
             there
             were
             such
             an
             Inherent
             Right
             
             in
             the
             Crown
             to
             
               Dispense
               with
               Laws
            
             in
             
               Ecclesiastical
               Matters
               ▪
            
             then
             these
             were
             
               Legal
               Bishops
            
             ,
             having
             all
             the
             Queen
             's
             
               Dispensing
               Power
            
             for
             them
             .
          
           
             5.
             
             The
             Clause
             in
             the
             Queen's
             
               Letters
               Patents
            
             for
             Dispensing
             with
             Imperfections
             and
             Disability
             ,
             was
             put
             in
             out
             of
             
               abundant
               Caution
            
             ,
             and
             not
             for
             any
             Necessity
             that
             we
             can
             find
             :
             But
             it
             was
             Customary
             in
             the
             
               Popes
               Bulls
            
             to
             put
             in
             such
             kind
             of
             Clauses
             ;
             and
             therefore
             they
             would
             omit
             no
             Power
             in
             that
             Case
             ,
             which
             the
             Pope
             did
             pretend
             to
             ;
             which
             the
             Act
             faith
             ,
             was
             
               for
               avoiding
               all
               Ambiguities
               and
               Questions
               .
            
          
           
             6.
             
             But
             after
             all
             ,
             lest
             there
             should
             be
             any
             Colour
             for
             Disputing
             this
             Matter
             left
             ,
             according
             to
             the
             express
             Letter
             of
             the
             Law
             ,
             therefore
             it
             was
             declared
             ,
             8
             Eliz.
             1.
             3.
             
             That
             not
             only
             the
             
               Book
               of
               Common-Prayer
            
             ,
             but
             the
             Form
             of
             
               Consecrating
               Archbishops
               ,
               Bishops
            
             ,
             &c.
             
               which
               was
               set
               sorth
               in
            
             Edward
             
               the
               Sixth's
               Time
               ,
               and
               added
               to
               the
               Common
               Prayer
               ,
               shall
               stand
               and
               be
               in
               full
               Force
               and
               Effect
               :
               And
               all
               Acts
               done
               by
               it
               ,
               are
               declared
               to
               be
               Good
               and
               Perfect
               to
               all
               Intents
               and
               Purposes
               :
            
             So
             that
             this
             Act
             of
             Parliament
             doth
             rather
             overthrow
             a
             
               Dispensing
               Power
            
             ;
             for
             if
             there
             were
             then
             such
             a
             
               Supreme
               and
               Absolute
               Power
            
             in
             the
             Crown
             ,
             as
             to
             
               Ecclesiastical
               Matters
            
             ,
             what
             need
             such
             an
             
               Act
               of
               Parliament
            
             to
             Confirm
             and
             Ratifie
             what
             our
             Author
             supposes
             done
             by
             virtue
             of
             it
             ?
          
           
             But
             to
             return
             to
             the
             25th
             of
             H.
             8.
             
             In
             the
             same
             Act
             of
             Parliament
             ,
             care
             is
             taken
             for
             the
             
               Visiting
               Exempt
               Places
            
             ,
             as
             
               Monasteries
               ,
               Colledges
               and
               Hospitals
            
             ,
             by
             a
             particular
             Commission
             under
             the
             Great
             Seal
             .
          
           
             But
             that
             which
             comes
             nearest
             to
             our
             Business
             is
             ,
             That
             26
             H.
             8.
             c.
             1.
             another
             Act
             passed
             ,
             wherein
             
               the
               King's
               Supremacy
               is
               acknowledged
               ,
               and
               a
               Power
               given
               by
               Act
               of
               Parliament
               for
               him
               to
               Visit
               ,
               Redress
               and
               Amend
               all
               Errors
               ,
               Heresies
               ,
               Abuses
               ,
               Contempts
               and
               Enormities
               whatsoever
               ,
               which
               by
               any
               manner
               of
               Spiritual
               Authority
               or
               Jurisdiction
               ought
               or
               may
               lawfully
               be
               Reformed
               in
               any
               Usage
               ,
               Custom
               ,
               Foreign
               Laws
               ,
               Foreign
               Authority
               ,
               Prescription
               ,
               or
               any
               Thing
               or
               things
               to
               the
               contrary
               hereof
               notwithstanding
               .
            
          
           
             If
             the
             King
             had
             this
             Power
             by
             virtue
             of
             his
             Supremacy
             and
             
               Prerogative
               Royal
            
             ,
             can
             we
             imagin
             H.
             8.
             so
             weak
             a
             Prince
             ,
             and
             so
             little
             a
             valuer
             of
             his
             own
             Prerogative
             ,
             as
             to
             have
             that
             given
             him
             by
             Act
             of
             Parliament
             ,
             which
             was
             acknowledged
             to
             be
             in
             him
             before
             ?
             But
             the
             Words
             are
             express
             ,
             
               And
               that
               our
               Sovereign
               Lord
            
             ,
             &c.
             
               shall
               have
               full
               Power
               and
               Authority
               from
               Time
               to
               Time
               to
               Visit
               ,
            
             &c.
             
             From
             whence
             it
             follows
             ,
             That
             in
             the
             Judgment
             of
             H.
             8.
             and
             the
             Parliament
             ,
             such
             a
             Power
             was
             not
             
               personally
               
               inherent
               in
               him
            
             ,
             but
             that
             it
             did
             belong
             to
             the
             
               Legislative
               Power
            
             ;
             and
             therefore
             an
             Act
             of
             Parliament
             was
             required
             for
             it
             ;
             so
             that
             the
             Supremacy
             ,
             as
             then
             setled
             by
             Law
             ,
             lay
             in
             a
             total
             rejecting
             any
             
               Foreign
               Jurisdiction
            
             ,
             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
               ,
               is
               not
               the
               Kings
               Law.
               For
               taking
               one
               Example
               for
               many
               ,
               every
               Leet
               or
               view
               of
               Frank
               Pledge
               holden
               by
               a
               Subject
               ,
               is
               kept
               in
               the
               Lords
               Name
               ,
               and
               yet
               it
               is
               the
               Kings
               Court
               ,
               and
               all
               the
               Proceedings
               therein
               are
               directed
               by
               the
               Kings
               Laws
               ;
               and
               many
               Subjects
               in
            
             England
             
               have
               and
               hold
               Courts
               of
               Record
               ,
               and
               other
               Courts
               ,
               and
               all
               their
               Proceedings
               be
               according
               to
               the
               Kings
               Laws
               and
               Customs
               of
               the
               Realm
               .
            
          
           
             But
             there
             is
             a
             Material
             Objection
             or
             two
             yet
             to
             be
             answered
             .
          
           
           
             1.
             
             It
             is
             Objected
             ,
             That
             2
             
               Jac.
               the
               Judges
               declared
               in
               the
            
             Star-Chamber
             ,
             
               That
               the
               Deprivation
               of
               Non-conformists
               ,
               was
            
             
             
               lawful
               ,
               because
               the
               King
               had
               supreme
               Ecclesiastical
               Power
               ,
               which
               he
               hath
               delegated
               to
               the
               Commissioners
               ,
               whereby
               they
               had
               Power
               of
               Deprivation
               by
               the
               Canon
               Law
               of
               this
               Realm
               ;
               and
               the
               Statute
               of
            
             1
             Eliz.
             
               doth
               not
               confer
               any
               new
               Power
               ,
               but
               explain
               and
               declare
               the
               ancient
               Power
               :
               And
               therefore
               they
               held
               it
               clear
               ,
               that
               the
               King
               without
               a
               Parliament
               might
               make
               Orders
               and
               Constitutions
               for
               the
               Government
               of
               the
               Clergy
               ,
               and
               might
               deprive
               them
               ,
               if
               they
               obeyed
               not
               .
            
          
           
             To
             which
             I
             answer
             ,
          
           
             1.
             
             Our
             Question
             is
             not
             ,
             Whether
             the
             King
             ,
             without
             a
             Parliament
             ,
             may
             not
             require
             the
             Observation
             of
             Canons
             passed
             
               the
               Convocation
            
             ,
             so
             as
             to
             deprive
             the
             Obstinate
             ,
             by
             Vertue
             of
             his
             
               Supreme
               Power
            
             in
             
               Ecclesiastical
               Matters
            
             ;
             but
             whether
             he
             may
             appoint
             a
             Commission
             with
             
               Power
               to
               deprive
            
             against
             an
             
               Act
               of
               Parliament
            
             ;
             which
             hath
             taken
             away
             the
             
               Legal
               Power
            
             of
             any
             such
             Commission
             .
          
           
             2.
             
             In
             matters
             of
             this
             nature
             ,
             it
             is
             safer
             trusting
             the
             
               Supreme
               Judicature
            
             of
             the
             
               Nation
               in
               Parliament
            
             ,
             than
             the
             
               Extrajudicial
               Opinion
            
             of
             
               the
               Judges
            
             .
          
           
             And
             in
             this
             Case
             the
             Parliament
             hath
             declared
             it self
             another
             way
             ;
             as
             appears
             by
             the
             Canons
             ,
             1640.
             which
             were
             not
             only
             condemned
             in
             Parliament
             afterwards
             (
             which
             then
             might
             be
             imputed
             to
             the
             heat
             of
             the
             Times
             )
             but
             in
             the
             most
             
               Loyal
               Parliament
            
             after
             the
             King's
             Return
             ,
             particular
             care
             was
             taken
             ,
             that
             
               neither
               the
               Canons
               of
            
             1640.
             
               should
               be
               confirmed
               ,
               nor
               any
               other
               Ecclesiastical
               Laws
               or
               Canons
               ,
               not
               formerly
               confirmed
               ,
               allowed
               ,
               or
               enacted
               by
               Parliament
               ,
               or
               by
               the
               Established
               Laws
               of
               the
               Land
               as
               they
               stood
               in
            
             the
             Year
             of
             the
             Lord
             ,
             1639.
             
             Which
             implies
             ,
             that
             the
             Sense
             of
             the
             Parliament
             then
             was
             ,
             that
             we
             are
             not
             to
             own
             any
             Canons
             but
             such
             as
             were
             
               confirmed
               ,
               allowed
            
             ,
             or
             
               Enacted
               by
               Parliament
            
             ,
             or
             by
             
               the
               Established
               Laws
               of
               the
               Land
               before
            
             1639.
             
             And
             therefore
             no
             new
             Injunctions
             without
             a
             
               Parliament
               or
               Convocation
            
             ,
             can
             make
             the
             Clergy
             liable
             to
             a
             
               Legal
               Deprivation
            
             .
             No
             ,
             not
             that
             which
             the
             Defender
             is
             so
             pleased
             with
             the
             thoughts
             of
             ,
             viz.
             to
             
               give
               their
               Assent
               and
               Consent
               to
               the
               King's
               Declaration
               ,
               on
               pain
               of
               Deprivation
               .
            
             
          
           
             3.
             
             
               The
               Temporalties
               of
               the
               Clergy
               ,
               especially
               the
               Bishops
               ,
            
             are
             secured
             by
             
               several
               Acts
            
             of
             Parliament
             without
             a
             
               Tryal
               at
               Law.
            
             Which
             ,
             because
             I
             see
             none
             of
             our
             great
             Lawyers
             take
             notice
             of
             ,
             I
             shall
             here
             set
             down
             .
          
           
           
             14
             Edward
             the
             Third
             ,
             c.
             3.
             
             
               We
               Will
               and
               Grant
               for
               us
               ,
            
             
             
               and
               for
               our
               Heirs
               ,
               that
               from
               henceforth
               We
               nor
               Our
               Heirs
               shall
               not
               take
               nor
               cause
               to
               be
               taken
               into
               Our
               Hands
               ,
               the
               Temporalties
               of
               Archbishops
               ,
               Bishops
               ,
            
             &c.
             
               or
               other
               People
               of
               Holy
               Church
               of
               what
               Estate
               or
               Condition
               they
               be
               ,
               without
               a
               true
               and
               just
               Cause
               ,
               according
               to
               the
               Law
               of
               the
               Land
               and
               Judgment
               thereupon
               given
               .
            
          
           
             25
             Edward
             the
             Third
             ,
             c.
             6.
             
             The
             Title
             of
             the
             Statute
             is
             ,
             
               A
               Bishops
               Temporalties
               shall
               not
               be
               seized
               for
               a
               Contempt
               .
            
             And
             this
             was
             received
             for
             good
             Law
             ,
             9
             E.
             4.
             28.
             
             
               Br.
               Ord.
            
             12.
             
             
               Reg.
               f.
            
             32.
             
          
           
             But
             a
             very
             late
             Writer
             tells
             the
             World
             ,
             
               That
               the
               Possessions
            
             
             
               of
               Ecclesiastical
               Persons
               are
               but
               Conditional
               Freeholds
               ;
               and
               although
               Absolute
               Freeholds
               require
               a
               due
               Course
               of
               Law
               ,
               yet
               Conditional
               do
               not
            
             ;
             so
             that
             if
             a
             Man
             chance
             to
             be
             deprived
             of
             his
             Office
             ,
             his
             Freehold
             is
             gone
             .
          
           
             This
             is
             touching
             
               Clergymen's
               Freeholds
            
             to
             purpose
             ;
             and
             no
             doubt
             out
             of
             pure
             Zeal
             to
             the
             Church
             of
             England
             :
             But
             see
             the
             Equity
             and
             Impartiality
             of
             this
             Man
             !
          
           
             He
             had
             undertaken
             before
             to
             give
             
               Publick
               Assurance
               of
               Abby-Lands
               to
               the
               present
               Possessors
               :
            
             And
             for
             what
             Reason
             ?
             
             
               Because
               the
               Pope
               granted
               a
               Dispensation
               with
               a
            
             non
             obstante
             
               to
               the
               Canon
               Law
            
             :
             And
             yet
             in
             this
             Book
             he
             proves
             ,
             That
             a
             
               non
               obstante
            
             is
             
               no
               ways
               binding
               to
               the
               Supreme
               Power
            
             ;
             so
             that
             no
             Man
             could
             more
             effectually
             overthrow
             his
             own
             Assurance
             than
             he
             hath
             done
             himself
             :
             For
             ,
             saith
             he
             ,
             
               Present
               Sovereigns
               ,
               whether
               King
               or
               Pope
               cannot
            
             
             
               bind
               their
               Successors
            
             .
             And
             again
             ,
             
               Acts
               of
               Graces
               and
               Favours
               are
               alterable
               and
               suspendible
               at
               the
               Pleasure
               of
               the
               Succeeding
               Sovereign
               :
            
             Why
             then
             should
             any
             be
             so
             weak
             as
             to
             think
             the
             
               Plenitude
               of
               the
               Pope's
               Power
            
             as
             to
             Abby-Lands
             ,
             can
             be
             bound
             up
             by
             the
             Act
             of
             any
             former
             Pope
             ?
             I
             confess
             the
             comparing
             these
             two
             Books
             together
             hath
             extreamly
             lessened
             his
             Assurance
             of
             
               Abby
               Lands
            
             with
             me
             .
          
           
             And
             his
             Answers
             to
             the
             Power
             of
             Revocation
             are
             so
             
             weak
             ,
             that
             they
             come
             at
             last
             to
             no
             more
             than
             this
             ,
             
               It
               is
               a
               thing
               which
               cannot
               well
               be
               done
               at
               present
               ,
               therefore
               there
               is
               no
               fear
               it
               ever
               should
               be
               done
               .
            
             Here
             is
             some
             Security
             at
             least
             ,
             till
             it
             can
             be
             done
             .
             But
             as
             to
             the
             Possessions
             of
             the
             Ecclesiastical
             Persons
             of
             the
             
               Church
               of
               England
            
             ,
             he
             endeavours
             to
             prove
             ,
             That
             they
             can
             have
             no
             Security
             at
             all
             of
             their
             
               present
               Possessions
            
             ,
             notwithstanding
             any
             Promise
             or
             a
             
               Legal
               Title
            
             :
             For
             if
             ,
             as
             he
             saith
             ,
             
               The
               King
               by
               his
               
               Paramount
               Jurisdiction
               can
               make
               any
               Exceptions
               null
               ;
               and
            
             
             
               so
               void
               a
               solemn
               Oath
               ▪
               not
               to
               accept
               a
               Dispensation
               from
               that
               Oath
               ;
               why
               should
               he
               not
               as
               well
               make
               void
               any
               Promise
               of
               his
               own
               ;
               when
               it
               hinders
            
             (
             as
             he
             thinks
             )
             
               a
               greater
               Good
            
             ,
             especially
             if
             the
             
               Prerogative
               cannot
               be
               bound
            
             ?
             But
             then
             ,
             as
             to
             a
             
               Legal
               Title
            
             ,
             that
             is
             the
             vainest
             thing
             imaginable
             ,
             as
             to
             such
             
               Conditional
               Freeholds
            
             which
             Clergymen
             have
             ;
             for
             if
             the
             Commissioners
             deprive
             them
             by
             their
             Power
             
               ab
               Officio
               &
               Beneficio
               ,
               their
               Attendent
               Frehold
               ,
            
             saith
             he
             ,
             
               is
               gone
               ,
               without
               any
               Course
               of
               Law.
            
             And
             the
             Defender
             
             saith
             ,
             
               The
               Commissioners
               may
               deprive
               if
               Clergymen
               should
               not
               assent
               and
               consent
               to
               all
               contained
               in
               the
               King's
               Declaration
               ,
               if
               he
               required
               it
               .
            
             But
             it
             is
             to
             be
             hoped
             ,
             That
             Princes
             will
             not
             take
             the
             Measures
             of
             Justice
             ,
             and
             Wisdom
             ,
             and
             Honour
             from
             such
             Men
             :
             We
             will
             therefore
             set
             aside
             the
             
               Omnipotent
               Engine
            
             of
             a
             
               non
               obstante
            
             ,
             which
             doth
             not
             batter
             so
             much
             as
             it
             undermines
             ,
             and
             consider
             the
             
               Legal
               Security
            
             of
             these
             
               Conditional
               Freeholds
            
             .
          
           
             I.
             
               All
               Freeholds
            
             are
             in
             some
             Sense
             Conditional
             ,
             or
             else
             they
             could
             never
             be
             forfeited
             :
             Which
             shews
             ,
             that
             there
             are
             none
             Absolute
             ,
             with
             Respect
             to
             the
             Law.
             And
             as
             to
             their
             Original
             among
             us
             ,
             it
             is
             agreed
             ,
             That
             by
             the
             Ancient
             Right
             of
             Tenures
             ,
             all
             Fees
             are
             Conditional
             ;
             for
             they
             suppose
             Fealty
             ,
             the
             non-performance
             whereof
             is
             Felony
             :
             Which
             is
             not
             that
             which
             is
             done
             
               felleo
               animo
            
             ,
             as
             Sir
             
               Edward
               Coke
            
             trifles
             ,
             but
             it
             is
             the
             same
             with
             Falshood
             or
             Treachery
             .
             The
             Laws
             of
             H.
             1.
             c.
             5.
             
             
               Si
               Dominus
               de
               Felonia
               vel
               Fide
               mentitus
               compellat
               hominem
               suum
               :
            
             And
             in
             another
             Law
             ,
             the
             punishment
             of
             Felony
             is
             
               Forfeiture
               of
               the
               Land
            
             ,
             c.
             43.
             and
             therefore
             the
             Feudists
             say
             ,
             That
             Felony
             is
             
               delictum
               Vasalli
               adversus
               Dominum
            
             ;
             From
             the
             
               Gothick
               Fell
            
             or
             Fehl
             ,
             which
             signifies
             in
             general
             ,
             
               a
               Fault
            
             ;
             And
             in
             this
             Case
             ,
             
               the
               Breach
               of
               Trust
               towards
               his
               Lord
               :
            
             Of
             which
             sort
             of
             Felonies
             the
             Feudists
             reckon
             up
             some
             twenty
             ,
             some
             thirty
             ,
             any
             one
             of
             which
             makes
             a
             Forfeifeiture
             :
             So
             that
             here
             is
             no
             such
             mighty
             Difference
             ,
             that
             the
             
               poor
               Clergymen
            
             must
             only
             have
             
               Conditional
               and
               Attendant
               Freeholds
            
             ,
             as
             though
             other
             Men's
             were
             Absolute
             ,
             whereas
             Sir
             
               Thomas
               Smith
            
             affirms
             ,
             
               all
               in
            
             England
             are
             
             Fiduciary
             ,
             i.
             e.
             
               Conditional
               Freeholders
               ,
               beside
               the
               King.
            
             It
             is
             easie
             enough
             for
             any
             one
             to
             frame
             such
             a
             Distinction
             of
             Freeholds
             ;
             and
             to
             say
             ,
             That
             these
             who
             have
             but
             such
             a
             Freehold
             may
             be
             ejected
             ,
             without
             any
             Trial
             at
             
               Common
               Law
            
             :
             But
             he
             ought
             to
             have
             shewed
             ,
             That
             
               Magna
               Charta
            
             or
             the
             
               Ancient
               Laws
            
             made
             such
             a
             Difference
             between
             
               Ecclesiastical
               Freeholds
            
             and
             others
             ;
             which
             he
             hath
             not
             preended
             to
             do
             ;
             and
             therefore
             such
             a
             Distinction
             ought
             
             not
             to
             be
             allowed
             ,
             especially
             since
             I
             have
             produced
             an
             
               Act
               of
               Parliament
            
             14
             Edward
             3.
             c.
             3.
             which
             saith
             ,
             That
             
             
               Clergymen
               shall
               not
               be
               ejected
               out
               of
               their
               Temporalties
               without
               a
               True
               and
               Just
               Cause
               ,
               according
               to
               the
               Law
               of
               the
               Land
               :
            
             This
             was
             none
             of
             those
             Statutes
             which
             are
             in
             Print
             ,
             but
             never
             enrolled
             ,
             for
             Sir
             
               Robert
               Cotton
            
             owns
             
             
               the
               enrolment
               of
               it
            
             ,
             and
             that
             it
             was
             made
             into
             a
             Statute
             ;
             and
             Mr.
             Pryn
             himself
             had
             nothing
             to
             object
             against
             it
             :
             But
             now
             it
             seems
             their
             
               Conditional
               Freholds
            
             may
             be
             taken
             from
             them
             without
             any
             due
             Course
             of
             Law.
             
          
           
             II.
             There
             is
             more
             to
             be
             said
             concerning
             the
             Rights
             of
             
               Ecclesiastical
               Persons
            
             in
             Colledges
             ,
             because
             they
             are
             Lay
             
             Corporations
             .
             For
             in
             
             Appleford's
             Case
             it
             was
             declared
             to
             be
             
               the
               Opinion
               of
               all
               the
               Judges
               in
            
             Pattrick
             
               's
               Case
               ,
               That
               a
               Colledge
               was
               a
               Temporal
               Corporation
               :
            
             And
             therefore
             some
             notable
             Difference
             in
             Point
             of
             Law
             must
             be
             shewed
             ,
             Why
             Men
             may
             be
             deprived
             of
             some
             Freeholds
             without
             
               due
               Course
               of
               Law
            
             ,
             and
             not
             of
             others
             ;
             for
             I
             cannot
             imagine
             ,
             That
             Colledges
             being
             founded
             for
             the
             encouragement
             of
             Learning
             ,
             should
             lay
             Men
             more
             open
             to
             
               Arbitrary
               Proceedings
            
             ,
             than
             any
             other
             Legal
             Societies
             are
             :
             However
             ,
             Deprivation
             ,
             in
             
             Coveney's
             Case
             ,
             was
             agreed
             to
             be
             a
             
               Temporal
               Thing
            
             ;
             and
             for
             that
             Reason
             
               his
               Appeal
            
             
             
               was
               rejected
               ,
               as
               not
               relating
               to
               a
               Matter
               of
               Ecclesiastical
               Jurisdiction
               ,
               which
               was
               only
               provided
               for
            
             24.
             and
             25.
             
             Henr.
             8.
             
             But
             it
             was
             allowed
             ,
             
               That
               he
               might
               bring
               an
               Action
               at
            
             
             
               Common
               Law.
            
             Our
             Author
             several
             times
             mentions
             this
             Case
             ;
             but
             puts
             it
             off
             till
             he
             comes
             to
             Treat
             of
             
               Appeals
               ,
               i.
               e.
            
             to
             the
             Place
             he
             knew
             it
             to
             be
             improper
             in
             .
             For
             the
             Question
             is
             not
             ,
             Whether
             an
             Appeal
             doth
             lie
             to
             the
             King
             in
             Chancery
             in
             a
             Case
             of
             Deprivation
             ?
             but
             ,
             Whether
             there
             be
             not
             a
             
               Remedy
               at
               Common
               Law
            
             ,
             if
             a
             Person
             be
             deprived
             of
             
               a
               Free-hold
               without
               due
               form
               of
               Law
               ?
            
             And
             after
             a
             great
             deal
             of
             Impertinency
             ,
             
             about
             the
             
               manner
               of
               Appeals
            
             ,
             he
             at
             last
             concludes
             ,
             
               The
               Remedy
               had
               been
               at
               Common
               Law
               only
            
             ;
             which
             is
             clear
             giving
             up
             the
             Point
             .
             For
             then
             ,
             in
             case
             a
             Person
             be
             deprived
             without
             due
             course
             of
             Law
             ,
             of
             his
             Free-hold
             ,
             he
             grants
             ,
             that
             he
             is
             to
             have
             his
             Remedy
             at
             Law
             ;
             and
             consequently
             that
             a
             Deprivation
             of
             such
             a
             Free-hold
             without
             
               due
               Course
               of
               Law
            
             ,
             is
             not
             sufficient
             .
             For
             the
             Law
             provides
             no
             Remedy
             where
             there
             is
             no
             Injury
             done
             ,
             nor
             just
             Cause
             to
             seek
             for
             Redress
             .
             And
             so
             I
             come
             to
             the
             second
             Objection
             ;
             which
             is
             this
             ;
          
           
             2.
             
             That
             
               to
               deny
               the
               Jurisdiction
               of
               this
               Court
               ,
               is
               to
               deny
               the
               King's
               Supremacy
               ;
               and
               that
               is
               a
               dangerous
               thing
               by
               the
               Law.
               
            
          
           
           
             The
             Case
             was
             this
             ;
             Dr.
             F.
             of
             
               Magdalen
               College
            
             in
             
             Oxford
             ,
             being
             summoned
             before
             the
             Commissioners
             ,
             denied
             
               the
               Authority
               of
               the
               Court
               ,
               and
               persisted
               in
               so
               doing
            
             ;
             which
             our
             Author
             saith
             ,
             
               in
               another
               Kings
               Reign
               perhaps
               might
               have
               been
               interpreted
               a
               Questioning
               the
               very
               Supremacy
               it self
               ;
               which
               ,
               how
               fatal
               it
               was
               to
            
             John
             Fisher
             ,
             Bishop
             of
             Rochester
             ,
             
               and
               Sir
            
             Thomas
             Moor
             ,
             
               is
               worthy
               to
               be
               considered
               ,
               both
               as
               a
               Demonstration
               of
               our
               Kings
               Clemency
               ,
               and
               that
               the
               Doctor
               hath
               not
               so
               much
               reason
               to
               complain
               of
               his
               hard
               Usage
               .
            
          
           
             The
             Meaning
             whereof
             is
             this
             ,
             That
             if
             they
             had
             proceeded
             in
             Justice
             against
             him
             ,
             he
             ought
             to
             have
             suffered
             as
             Bishop
             Fisher
             and
             Sir
             
               Thomas
               Moor
            
             did
             .
             This
             is
             more
             than
             
               a
               bare
               Insinuation
            
             ,
             That
             to
             deny
             the
             Jurisdiction
             of
             this
             Court
             ,
             is
             to
             deny
             the
             
               Kings
               Supremacy
            
             ;
             and
             that
             it
             is
             
               meer
               Clemency
            
             not
             to
             deal
             by
             them
             who
             do
             it
             ,
             as
             H.
             8.
             did
             by
             Bishop
             Fisher
             and
             Sir
             
               Thomas
               Moor.
            
             
          
           
             But
             ,
             1.
             
             It
             is
             by
             no
             means
             evident
             ,
             That
             those
             two
             Persons
             suffered
             meerly
             on
             that
             Account
             .
             For
             their
             Attainder
             in
             Parliament
             ,
             was
             for
             refusing
             
               the
               Oath
               of
               Succession
            
             ;
             and
             King
             James
             I.
             mentions
             the
             Words
             of
             Sir
             Thomas
             
             Moor
             to
             that
             purpose
             ,
             which
             he
             spake
             to
             the
             Lords
             when
             he
             was
             condemned
             .
             And
             their
             Attainder
             ,
             if
             I
             mistake
             not
             ,
             was
             in
             the
             same
             Parliament
             which
             made
             it
             Treason
             to
             deprive
             the
             King
             of
             his
             Dignity
             ,
             Title
             or
             Name
             of
             his
             
               Royal
               Estate
            
             ,
             and
             therefore
             could
             not
             be
             by
             an
             Act
             not
             then
             passed
             .
          
           
             But
             ,
             2.
             
             Suppose
             that
             they
             were
             at
             last
             proceeded
             against
             on
             the
             Act
             then
             passed
             ,
             what
             is
             this
             to
             the
             present
             Case
             ?
             when
             Coke
             saith
             ,
             
               This
               Act
               was
               twice
               Repealed
            
             .
             And
             it
             is
             no
             
             
               extraordinary
               Clemency
            
             ,
             not
             to
             be
             proceeded
             against
             by
             a
             Law
             that
             hath
             no
             force
             .
          
           
             3.
             
             The
             Statute
             in
             Force
             ,
             5
             Eliz.
             c.
             1.
             is
             against
             those
             who
             
               defend
               or
               maintain
               the
               Authority
               ,
               Jurisdiction
               ,
               or
               Power
               of
               the
               Bishop
               of
            
             Rome
             ,
             
               or
               of
               his
               See
               ,
               heretofore
               claimed
               ,
               used
               ,
               or
               usurped
               within
               this
               Realm
               ,
               or
               by
               any
               Speech
               ,
               open
               Deed
               ,
               or
               Act
               ,
               advisedly
               ,
               wittingly
               attribute
               any
               such
               manner
               of
               Jurisdiction
               ,
               Authority
               ,
               or
               Preheminence
               to
               the
               said
               See
               of
            
             Rome
             ,
             
               or
               any
               Bishop
               of
               the
               same
               ,
               for
               the
               time
               being
               ,
               within
               this
               
               Realm
               .
            
             So
             that
             it
             cannot
             be
             denied
             ,
             that
             there
             is
             occasion
             for
             
               his
               Majesties
               Clemency
            
             ;
             but
             it
             is
             to
             another
             sort
             of
             Men.
             
          
           
             4.
             
             It
             is
             very
             hard
             straining
             to
             make
             the
             denying
             the
             Jurisdiction
             of
             this
             Court
             ,
             to
             be
             denying
             the
             
               Kings
               Supremacy
            
             ,
             when
             a
             Person
             hath
             done
             all
             which
             the
             Law
             requires
             him
             to
             do
             towards
             owning
             the
             Supremacy
             .
             If
             he
             had
             said
             Dr.
             F.
             had
             taken
             Possession
             of
             his
             Fellowship
             there
             ,
             without
             taking
             
               the
               Oath
               of
               Supremacy
            
             ,
             which
             the
             Law
             requires
             ,
             he
             had
             then
             indeed
             given
             ground
             to
             suspect
             him
             for
             
               denying
               the
               Kings
               Supremacy
            
             ;
             but
             to
             take
             no
             notice
             of
             those
             who
             refused
             to
             do
             as
             the
             Law
             requires
             ,
             and
             to
             talk
             thus
             of
             what
             Severity
             might
             be
             used
             to
             one
             that
             hath
             done
             it
             ,
             looks
             in
             him
             neither
             like
             Clemency
             nor
             Justice
             .
          
           
             5.
             
             It
             was
             always
             looked
             on
             ,
             as
             a
             
               Legal
               Right
            
             to
             make
             Exception
             to
             the
             Jurisdiction
             of
             
               a
               Court
            
             ,
             especially
             when
             
               newly
               established
            
             ,
             without
             
               Act
               of
               Parliament
            
             ,
             and
             to
             any
             ordinary
             Understanding
             ,
             in
             
               flat
               Contradiction
            
             to
             it
             .
             It
             is
             very
             new
             Doctrine
             that
             in
             a
             Legal
             Government
             
               Exceptio
               Fori
            
             shall
             be
             interpreted
             a
             
               Denial
               of
               supreme
               Authority
            
             ,
             which
             was
             not
             only
             allowed
             by
             the
             Canon
             and
             
               Civil
               Laws
            
             ,
             but
             by
             the
             most
             Ancient
             
               Common
               Lawyers
            
             we
             have
             .
          
           
             Bracton
             observes
             several
             things
             ,
             which
             are
             material
             to
             this
             purpose
             .
          
           
             1.
             
             The
             first
             
               General
               Exception
               which
               is
               allowed
            
             ,
             he
             saith
             ,
             
             is
             
               contra
               Jurisdictionem
               .
               Exceptions
            
             are
             either
             dilatory
             or
             Peremptory
             .
             Some
             that
             are
             only
             dilatory
             ,
             as
             to
             the
             Action
             ,
             may
             be
             peremptory
             as
             to
             the
             Jurisdicton
             .
             And
             these
             are
             to
             be
             put
             in
             
               ante
               Litem
               contestatam
               ,
               ad
               perimendum
               Judicium
               ,
               ne
               procedat
               .
            
             And
             the
             first
             of
             this
             sort
             ,
             are
             the
             Exceptions
             
               contra
               Jurisdictionem
               ,
               &
               contra
               Personas
               Judicantium
               ,
               quibus
               deficit
               Autoritas
               judicandi
               .
            
             So
             that
             he
             supposes
             ,
             that
             such
             who
             do
             not
             deny
             the
             Kings
             Supreme
             Authority
             ,
             may
             have
             a
             
               Legal
               and
               just
               Exception
            
             against
             the
             Authority
             of
             a
             Court.
             
          
           
           
             2.
             
             It
             was
             an
             allowable
             
               Exceptio
               Fori
            
             then
             ,
             if
             any
             Lay-Persons
             
             did
             take
             upon
             them
             to
             proceed
             by
             
               Ecclesiastical
               Censures
            
             .
          
           
             In
             
               Ecclesiastical
               Causes
            
             ,
             saith
             he
             ,
             
               a
               Secular
               Judge
               hath
               no
               Cognizance
               ,
               because
               he
               hath
               not
               the
               Power
               of
               Coercion
               proper
               to
               them
               ,
            
             viz.
             
               by
               Ecclesiastical
               Censures
            
             ;
             therefore
             ,
             he
             saith
             ,
             in
             his
             Causis
             pertinet
             Cognitio
             ad
             Judices
             Ecclesiasticos
             .
             His
             Reason
             is
             ,
             
               Because
               those
               only
               are
               the
               competent
               Judges
               ,
               who
               have
               the
               Power
               of
               Coercion
               proper
               to
               the
               Court.
            
             And
             for
             the
             same
             Cause
             ,
             
               Ecclesiastical
               Judges
            
             are
             not
             to
             interpose
             in
             
               Secular
               Causes
               ,
               cum
               jura
               sint
               separata
               &
               limitata
               .
            
             And
             although
             the
             Exemption
             of
             
               Ecclesiastical
               Persons
            
             from
             the
             
               Civil
               Courts
            
             ,
             be
             certainly
             taken
             away
             by
             the
             
               Acts
               of
               Supremacy
            
             ;
             yet
             it
             hath
             been
             still
             alledged
             by
             our
             Divines
             ,
             That
             
               the
               Ecclesiastical
               Censures
               were
               still
               reserved
               to
               the
               Ecclesiastical
               Functions
            
             ;
             either
             in
             the
             way
             of
             Ordinary
             or
             
               Delegate
               Jurisdiction
            
             .
             If
             the
             
               High
               Commission
            
             did
             seem
             to
             go
             further
             ,
             then
             that
             Power
             being
             taken
             away
             by
             
               Act
               of
               Parliament
            
             ,
             it
             must
             return
             to
             the
             
               Ancient
               Course
            
             .
          
           
             3.
             
             
               There
               must
               be
               a
               Legal
               Authority
               to
               constitute
               a
               Legal
               Jurisdiction
               .
            
             
          
           
             
               Ad
               hoc
               quod
               rata
               sint
               judicia
               ,
               videre
               oportet
               a●
               Justic.
               Warrantum
               habeat
               à
               Rege
               quod
               judicare
               possit
               .
               Si
               Warrantum
               non
               habuerit
               ,
               non
               valebit
               quod
               coram
               eo
               actum
               fuerit
               ,
               quasi
               coram
               non
               suo
               judice
               ,
               quia
               primo
               legi
               debet
               Breve
               Originale
               ,
               &
               postmodum
               Breve
               per
               quod
               Justiciar
               .
               constitutus
               est
               ,
               &
               si
               nullum
               omnino
               habuerit
               ,
               aut
               si
               habuerit
               non
               tamen
               ad
               manum
               ,
               non
               erit
               ei
               parendum
               nisi
               it
               a
               forte
               sit
               ,
               quod
               Breve
               Originale
               de
               Justiciaria
               sua
               faciat
               mentionem
               ,
            
             Bracton
             ,
             l.
             5.
             
             
               De
               Except
            
             .
             c.
             14.
             
          
           
             1.
             
             There
             must
             be
             a
             Commission
             from
             the
             King
             ,
             which
             must
             be
             read
             ;
             and
             if
             either
             they
             have
             it
             not
             ,
             or
             it
             be
             not
             at
             hand
             ,
             the
             Jurisdiction
             is
             not
             to
             be
             owned
             ,
             unless
             it
             be
             mentioned
             in
             the
             
               Original
               Writ
            
             .
             For
             Commissions
             in
             those
             days
             were
             most
             commonly
             granted
             by
             Writ
             ,
             saith
             the
             Lord
             
             Coke
             .
          
           
             But
             by
             
             Bracton's
             Words
             ,
             it
             appears
             ,
             That
             commonly
             there
             was
             an
             
               Original
               Writ
            
             and
             a
             Commission
             besides
             ;
             but
             
             sometime
             the
             Commission
             was
             in
             the
             
               Original
               Writ
            
             ,
             and
             then
             the
             reading
             of
             that
             was
             sufficient
             .
          
           
             The
             Mirror
             saith
             ,
             That
             
               the
               Jurisdiction
               may
               be
               denied
            
             ,
             
             
               if
               the
               seeing
               or
               hearing
               the
               Commission
               be
               denied
               .
            
          
           
             2.
             
             The
             Bounds
             of
             the
             Jurisdiction
             must
             be
             expressed
             ;
             and
             if
             those
             be
             exceeded
             ,
             he
             saith
             an
             Exception
             lies
             .
             Which
             signifies
             nothing
             unless
             the
             Commission
             be
             known
             .
          
           
             3.
             
             The
             
               Commission
               must
               be
               according
               to
               Law
            
             ;
             For
             that
             
             is
             
             Bracton's
             standing
             Rule
             :
             
               Nihil
               aliud
               potest
               Rex
               in
               Terris
               ,
               cum
               sit
               Dei
               Minister
               &
               Vicarius
               ,
               nisi
               id
               solum
               quod
               Jure
               potest
               .
            
             So
             that
             a
             Commission
             against
             Law
             is
             void
             
               in
               Law.
            
             He
             mentions
             the
             Common
             Saying
             in
             the
             Civil
             Law
             ,
             
               Quod
               Principi
               placet
               ,
               Legis
               habet
               Vigorem
            
             ;
             and
             answers
             it
             thus
             ,
             
               Quod
               Principi
               placet
            
             is
             not
             to
             be
             understood
             of
             his
             
               Presumptive
               ,
               but
               his
               Legislative
               Will
            
             (
             Animo
             condendi
             Jura
             )
             and
             with
             the
             
               Advice
               of
               his
               Magistrates
            
             ,
             the
             King
             himself
             giving
             Authority
             ;
             which
             is
             the
             Description
             of
             an
             Act
             of
             Parliament
             ,
             as
             we
             now
             call
             it
             .
          
           
             Which
             he
             more
             fully
             expresses
             elsewhere
             ,
             
               Legis
               vigorem
            
             
             
               habet
               ,
               quicquid
               de
               Consilio
               &
               de
               Consensu
               Magnatum
               ,
               &
               Reipublicae
               Communi
               sponsione
               ,
               Authoritate
               Regis
               ,
               sive
               Principis
               praecedente
               ,
               juste
               fuerit
               Definitum
               &
               Approbatum
               .
            
          
           
             If
             this
             were
             the
             
               Ancient
               Law
               of
            
             England
             ,
             how
             comes
             the
             Exception
             against
             a
             Court
             to
             be
             a
             Denial
             of
             the
             
               King's
               Supremacy
            
             ;
             unless
             it
             be
             supposed
             impossible
             ,
             That
             there
             should
             be
             an
             
               Illegal
               Court
            
             with
             the
             
               King's
               Commission
            
             ?
          
           
             But
             we
             may
             suppose
             it
             possible
             for
             a
             new
             kind
             of
             Star-Chamber
             ,
             or
             
               Court
               of
               Wards
            
             to
             be
             set
             up
             ;
             must
             no
             Man
             question
             the
             Legality
             of
             such
             a
             Court
             ,
             without
             
               denying
               the
               King's
               Authority
            
             ?
             For
             this
             is
             a
             Question
             in
             
               Point
               of
               Law.
            
             And
             the
             
               King's
               Authority
            
             always
             goes
             
               with
               the
               Law
            
             :
             and
             therefore
             to
             suppose
             it
             to
             be
             in
             any
             thing
             against
             Law
             ,
             is
             to
             suppose
             it
             to
             be
             contradictory
             to
             it self
             .
          
           
           
             But
             our
             Author
             saith
             ,
             
               It
               is
               necessary
               for
               every
               Court
               to
            
             
             
               assert
               its
               own
               Jurisdiction
            
             .
             Very
             true
             ,
             and
             to
             clear
             it
             too
             ;
             if
             it
             be
             liable
             to
             a
             
               just
               Exception
            
             .
             I
             am
             very
             far
             from
             denying
             
               the
               King's
               Supremacy
            
             ;
             yet
             I
             may
             be
             as
             far
             from
             thinking
             such
             
               a
               Court
            
             to
             be
             Legal
             ,
             if
             an
             Act
             of
             Parliament
             can
             make
             a
             
               Court
               Illegal
            
             ;
             and
             to
             say
             no
             more
             for
             it
             ,
             
               but
               that
               every
               Court
               must
               assert
               its
               own
               Jurisdiction
               ,
            
             is
             to
             level
             it
             with
             the
             Infamous
             
               High
               Court
               of
               Justice
            
             ;
             which
             when
             
               King
               Charles
            
             the
             First
             ,
             of
             
               Blessed
               Memory
            
             ,
             denied
             their
             Authority
             ,
             all
             the
             Reply
             was
             ,
             
               That
               the
               Court
               was
               satisfied
               of
               its
               own
               Authority
            
             ;
             Which
             could
             give
             Satisfaction
             to
             no
             Body
             else
             .
          
           
             And
             if
             this
             be
             all
             can
             be
             said
             for
             the
             Legality
             of
             it
             ,
             for
             all
             that
             I
             can
             see
             ,
             there
             is
             
               just
               Reason
            
             to
             deny
             it
             .
          
        
         
           FINIS
           .
        
      
    
     
       
         
         
           
             A
             Catalogue
             of
             Books
             Published
             by
             the
             Reverend
          
           EDWARD
           STILLINGFLEET
           ,
           D.
           D.
           
             Dean
             of
             St.
          
           Paul
           
             's
             and
             Sold
             by
          
           Henry
           Mortlack
           ,
           
             at
             the
          
           Phoenix
           
             in
             St.
          
           Paul
           's
           Church-yard
           .
        
         
           A
           Rational
           Account
           of
           the
           Grounds
           of
           the
           Protestant
           Religion
           ,
           being
           a
           Vindication
           of
           the
           Lord
           Archbishop
           of
           
           Canterbury's
           Relation
           of
           a
           Conference
           ,
           &c.
           from
           the
           pretended
           Answer
           of
           
             T.
             C.
          
           Wherein
           the
           true
           Grounds
           of
           Faith
           are
           cleared
           ,
           and
           the
           False
           discovered
           ;
           the
           Church
           of
           England
           vindicated
           from
           the
           Imputation
           of
           Schism
           ;
           of
           the
           most
           important
           particular
           Controversies
           between
           us
           and
           those
           of
           the
           Church
           of
           Rome
           throughly
           examined
           :
           the
           Second
           Edition
           :
           Folio
           .
        
         
           Sermons
           Preached
           upon
           several
           Occasions
           ,
           with
           a
           Discourse
           annexed
           concerning
           the
           true
           Reasons
           of
           the
           Sufferings
           of
           Christ
           ,
           wherein
           Crellius
           his
           Answer
           to
           Grotius
           ,
           is
           considered
           :
           Folio
           .
        
         
           
             Origines
             Britannicae
          
           :
           Or
           the
           Antiquities
           of
           the
           British
           Churches
           ;
           with
           a
           Preface
           concerning
           some
           pretended
           Antiquities
           relating
           to
           Britain
           ,
           in
           vindication
           of
           the
           Bishop
           of
           St.
           Asaph
           .
           By
           
             Edward
             Stillingfleet
          
           ,
           D.
           D.
           Dean
           of
           St.
           Pauls
           ,
           Folio
           .
        
         
           Irenicum
           ,
           A
           Weapon-Salve
           for
           the
           Churches
           Wounds
           :
           
             Quarto
             Origines
             Sacrae
          
           ,
           or
           ,
           A
           Rational
           Account
           of
           the
           Grounds
           of
           Christian
           Faith
           ,
           as
           to
           the
           Truth
           and
           Divine
           Authority
           of
           the
           Scriptures
           ,
           and
           Matters
           therein
           contained
           :
           Quarto
           .
        
         
           The
           Unreasonableness
           of
           Separation
           ,
           or
           an
           impartial
           Account
           of
           the
           History
           ,
           Nature
           and
           Pleas
           of
           the
           present
           Separation
           from
           the
           Communion
           of
           the
           Church
           of
           England
           ;
           to
           which
           several
           late
           Letters
           are
           annexed
           of
           eminent
           Protestant
           Divines
           abroad
           concerning
           the
           Nature
           of
           our
           Differences
           ,
           and
           the
           way
           to
           compose
           them
           :
           Quarto
           .
        
         
           A
           Discourse
           concerning
           the
           Idolatry
           practised
           in
           the
           Church
           of
           Rome
           ,
           and
           the
           hazard
           of
           Salvation
           in
           the
           Communion
           of
           it
           ,
           in
           answer
           to
           some
           Papers
           of
           a
           revolted
           Protestant
           ;
           wherein
           a
           particular
           Account
           is
           given
           of
           the
           Fanaticism
           and
           Divisions
           of
           that
           Church
           :
           Octavo
           .
        
         
           An
           Answer
           to
           several
           late
           Treatises
           occasioned
           by
           a
           Book
           Entituled
           ,
           A
           Discourse
           concerning
           the
           Idolatry
           practised
           in
           the
           Church
           of
           Rome
           ,
           and
           the
           hazard
           of
           Salvation
           in
           the
           Communion
           of
           it
           ;
           the
           First
           Part
           :
           Octavo
           .
        
         
           A
           Second
           Discourse
           in
           vindication
           of
           the
           Protestant
           Grounds
           of
           Faith
           ,
           against
           the
           Pretence
           of
           Infallibility
           in
           the
           Roman
           Church
           ,
           in
           Answer
           to
           the
           Guide
           in
           Controversie
           ,
           by
           
             R.
             H.
          
           Protestancy
           without
           Principles
           ,
           and
           Reason
           ,
           and
           Religion
           ;
           or
           the
           certain
           Rule
           of
           Faith
           ,
           by
           
             E.
             W.
          
           with
           a
           particular
           Enquiry
           into
           the
           Miracles
           of
           the
           Roman
           Church
           :
           Octavo
           .
        
         
           An
           Answer
           to
           Mr.
           
           Cressy's
           Epistle
           Apologetical
           to
           a
           Person
           of
           Honour
           ,
           touching
           his
           Vindication
           of
           Dr.
           
             Stillingfleet
             :
             Octavo
          
           .
        
         
         
           A
           Defence
           of
           the
           Discourse
           concerning
           the
           Idolatry
           practised
           in
           the
           Church
           of
           Rome
           ,
           in
           Answer
           to
           a
           Book
           Entituled
           ,
           Catholicks
           no
           Idolaters
           :
           Octavo
           .
        
         
           Several
           Conferences
           between
           a
           Romish
           Priest
           ,
           a
           Fanatick
           Chaplain
           ,
           and
           a
           Divine
           of
           the
           Church
           of
           England
           ;
           being
           a
           full
           Answer
           to
           the
           late
           Dialogues
           of
           
             T.
             G.
             Octavo
          
           .
        
         
           The
           Grand
           Question
           concerning
           the
           Bishops
           Right
           to
           vote
           in
           Parliament
           in
           Cases
           Capital
           ,
           Stated
           and
           Argued
           ,
           from
           the
           Parliament
           Rolls
           and
           the
           History
           of
           former
           times
           ;
           with
           an
           Enquiry
           into
           their
           Peerage
           ,
           and
           the
           Three
           Estates
           in
           Parliament
           :
           Octavo
           .
        
         
           A
           Letter
           to
           Mr.
           G
           ,
           giving
           a
           true
           Account
           of
           a
           late
           Conference
           at
           the
           D.
           of
           Pauls
           .
        
         
           A
           second
           Letter
           to
           Mr.
           G.
           in
           answer
           to
           two
           Letters
           lately
           published
           concerning
           the
           Conference
           at
           the
           D.
           of
           Pauls
           .
        
         
           A
           discourse
           concerning
           the
           Nature
           and
           Grounds
           of
           the
           Certainty
           of
           Faith
           ,
           in
           Answer
           to
           
             J.
             S.
          
           his
           Catholick
           Letters
           .
           By
           
             Edward
             Stillingfleet
          
           ,
           D.
           D.
           Dean
           of
           St.
           Pauls
           .
        
         
           The
           Council
           of
           Trent
           examined
           and
           disproved
           by
           Catholick
           Tradition
           in
           the
           main
           Points
           in
           Controversie
           between
           us
           and
           the
           Church
           of
           Rome
           ;
           with
           a
           particular
           Account
           of
           the
           Times
           and
           Occasions
           of
           introducing
           them
           .
           Part
           I.
           To
           which
           a
           Preface
           is
           prefixed
           concerning
           the
           true
           Sense
           of
           the
           Council
           of
           Trent
           ,
           and
           the
           Notion
           of
           Transubstantiation
           .
           By
           
             Ed.
             Stillingfleet
          
           ,
           D.
           D.
           Dean
           of
           St.
           Pauls
           .
        
         
           The
           Rule
           of
           Faith
           :
           Or
           an
           Answer
           to
           the
           Treatise
           of
           Mr.
           
             J.
             S.
          
           Entituled
           ,
           
             Sure
             Footing
             ,
             &c.
          
           By
           
             John
             Tillotson
          
           D.
           D.
           To
           which
           is
           adjoyned
           ,
           A
           reply
           to
           Mr.
           J.
           S.'s
           third
           Appendix
           ,
           &c.
           By
           
             Edward
             Stillingfleet
          
           ,
           D.
           D.
           Octavo
           .
        
         
           Sermons
           Preached
           upon
           several
           Occasions
           ,
           by
           
             Edward
             Stillingfleet
             ,
             D.
             D.
          
           Dean
           of
           St.
           
           Paul's
           ,
           not
           yet
           collected
           into
           a
           Volume
           .
           
             
               THE
               Reformation
               justified
               in
               a
               Sermon
               Preached
               at
               Guild-Hall
               Chappel
               ,
               Sept.
               21.
               1673.
               before
               the
               Lord
               Mayor
               ,
               &c.
               upon
               Acts
               XXIV
               .
               14.
               
            
             
               A
               Sermon
               Preached
               Nov.
               5.
               1673.
               at
               St.
               
                 Margarets
                 Westminster
              
               ,
               upon
               Matt.
               VII
               .
               15
               ,
               16.
               
            
             
               A
               Sermon
               Preached
               before
               the
               King
               at
               
                 Whitehall
                 ,
                 Feb.
              
               24
               ▪
               1674
               /
               5.
               upon
               Heb.
               III.
               13.
               
            
             
               A
               Sermon
               Preached
               on
               the
               Fast-Day
               ,
               Nov.
               13.
               1678.
               at
               St.
               
                 Margarets
                 Westminster
              
               ,
               before
               the
               Honourable
               House
               of
               Commons
               ,
               upon
               1
               Sam.
               XII
               .
               24
               ,
               25.
               
            
             
               A
               Sermon
               Preached
               before
               the
               King
               at
               
                 Whitehall
                 ,
                 March
              
               7.
               1678
               
               /
               9.
               upon
               Matt.
               X.
               16.
               
            
             
               The
               Mischief
               of
               Separation
               ,
               a
               Sermon
               Preached
               at
               Guild-hall
               Chappel
               ,
               May
               11.
               1680.
               before
               the
               Lord
               Mayor
               ,
               &c.
               upon
               Phil.
               III.
               16.
               
            
             
               Protestant
               Charity
               ;
               A
               Sermon
               Preached
               at
               S.
               Sepulchres
               Church
               on
               Tuesday
               in
               
               Easter-Week
               ,
               1681.
               before
               the
               Lord
               Mayor
               ,
               &c.
               upon
               Galat.
               VI.
               9.
               
            
             
               
               Of
               the
               Nature
               of
               Superstition
               ;
               A
               Sermon
               Preached
               at
               St.
               Dunstans
               West
               ,
               March
               31.
               1682.
               upon
               Col.
               II.
               23.
               
            
             
               A
               Sermon
               Preached
               before
               the
               King
               ,
               Feb.
               15.
               1683
               
               /
               4.
               upon
               Job
               XXIII
               .
               15.
               
            
             
               A
               Sermon
               Preached
               at
               a
               Publick
               Ordination
               at
               St.
               
               Peter's
               
                 Cornhil
                 ,
                 March
              
               15.
               1684
               
               /
               5.
               upon
               1
               Tim.
               V.
               22.
               
            
             
               A
               Sermon
               Preached
               at
               
                 White-hall
                 ,
                 Feb.
              
               19.
               1685
               
               /
               6.
               being
               the
               First
               Fryday
               in
               Lent
               ,
               upon
               Luke
               XV.
               18.
               
            
             
               Scripture
               and
               Tradition
               compared
               ,
               in
               a
               Sermon
               Preached
               at
               Guild-hall
               Chappel
               ,
               Nov.
               27
               ,
               1687.
               upon
               Col.
               II.
               6.
               
            
             
               A
               Sermon
               Preached
               before
               the
               Queen
               at
               
                 White-hall
                 ,
                 Feb.
              
               22.
               
               168●●●
               .
               upon
               1
               Pet.
               IV.
               8.
               
            
          
        
         
           THE
           Antiquities
           of
           Notinghamshire
           ,
           extracted
           out
           of
           Records
           ,
           Original
           Evidences
           ,
           Leiger-Books
           ,
           and
           other
           Manuscripts
           and
           Authentick
           Authorities
           ,
           beautified
           with
           Maps
           ,
           Prospects
           and
           Portraictures
           ;
           By
           
             Robert
             Thoroton
          
           ,
           M.
           D.
           Folio
           .
        
         
           A
           Discourse
           concerning
           the
           Nature
           of
           Idolatry
           ;
           in
           which
           a
           late
           Authors
           true
           and
           only
           Notion
           of
           Idolatry
           is
           considered
           and
           confuted
           .
           Quarto
           .
        
         
           Proposals
           tendered
           to
           the
           Consideration
           of
           both
           Houses
           of
           Parliament
           ,
           for
           uniting
           the
           Protestant
           Interest
           for
           the
           present
           ,
           and
           preventing
           Divisions
           for
           the
           future
           ;
           together
           with
           the
           Declaration
           of
           King
           Charles
           II.
           concerning
           Ecclesiastical
           Affairs
           ;
           and
           some
           Proposals
           of
           Terms
           of
           Union
           between
           the
           Church
           of
           England
           and
           Dissenters
           ;
           long
           since
           Published
           by
           the
           Reverend
           Dean
           of
           St.
           
           Paul's
           :
           Quarto
           .
        
         
           Protestant
           Certainty
           ;
           Or
           ,
           A
           short
           Treatise
           ,
           shewing
           how
           a
           Protestant
           may
           be
           well
           assured
           of
           the
           Articles
           of
           his
           Faith
           :
           Quarto
           .
        
      
       
         Notes, typically marginal, from the original text
         
           Notes for div A61544-e760
           
             4
             Inst.
             
               f.
               35.
               2
            
          
           
             4
             Inst.
             
               f.
               325.
            
             
          
           
             In
             B●blioth
             .
             Cotton
             .
          
           
             Sand.
             
               de
               Schif
               .
               4.
               157.
            
             
          
           
             Bract.
             l.
             5.
             c.
             1.
             
          
           
             Flet.
             l.
             6.
             c.
             37.
             
          
           
             c.
             2.
             
          
           
             c.
             36.
             sect
             .
             5.
             
          
           
             Defence
             of
             Ecclesiastical
             Commission
             ,
             p.
             8
             ,
             9.
             
          
           
             Littleton's
             Rep.
             189.
             
          
           
             
               Stamford
               ,
               l.
            
             3.
             f.
             111.
             
          
           
             
               Malmsb.
               l.
            
             3.
             f.
             152.
             
             
               Edd.
               vit
               .
               Wilfred
               .
               c.
            
             55.
             
          
           
             
               Ibid.
               c.
            
             45.
             
          
           
             c.
             57.
             
          
           
             
               Florent
               .
               Wigor
               .
               f.
            
             254.
             
          
           
             
               Spelm.
               Concil
               .
               p.
            
             154.
             
          
           
             
               Mat.
               Westm.
               A.
               G.
            
             673.
             
          
           
             
               Florent
               .
               p.
            
             559.
             
          
           
             
               Mat.
               Westm.
               A.
               G.
            
             711.
             
          
           
             
               Bed.
               l.
            
             4.
             c.
             2.
             
          
           
             
               Spelm.
               p.
            
             190.
             
          
           
             Chronological
             Vindication
             .
             
               To.
               I.
               f.
            
             193.
             
          
           
             
               Decem
               Script
               .
               f.
            
             2209.
             
          
           
             
               A.
               C.
            
             742.
             
          
           
             
               Decem
               Script
               .
               p.
            
             2209.
             
          
           
             
               Spelm.
               p.
            
             296.
             
          
           
             P.
             324.
             
          
           
             Ingulpb
             ,
             p.
             490.
             c.
             
          
           
             Ingulph
             .
             ib.
             
          
           
             c.
             5.
             
             R.
             
          
           
             Ans.
             to
             
             Coke's
             5th
             Rep.
             c.
             5.
             n.
             20.
             
          
           
             Hob.
             Rep.
             f.
             148.
             
          
           
             
               Tortura
               Torti
            
             ,
             p.
             380.
             
          
           
             
               Elenebus
               Refut
               .
               Tort.
               Torti
            
             ,
             p.
             80.
             
          
           
             
               c.
               Mart.
               Becpro
               Tort.
               Torti
            
             ,
             c.
             21.
             p.
             234.
             
          
           
             p.
             22.
             
             P.
             244.
             
          
           
             Mason
             ,
             De
             Minist
             .
             Angl.
             1.
             3.
             c.
             3.
             p.
             271.
             
          
           
             Apology
             ,
             &c.
             f.
             263.
             
          
           
             Bramhal's
             Works
             ,
             p.
             340.
             
          
           
             p.
             63.
             
          
           
             Covarruvias
             Pract.
             Quaest.
             c.
             35.
             n.
             3.
             
          
           
             Salgado
             ,
             De
             Regia
             Prot.
             part
             1.
             c.
             1.
             n.
             23.
             
          
           
             
               Pasq.
               Recher
               .
               l.
            
             3.
             c.
             33.
             
          
           
             
               Hoveden
               .
               f.
            
             259.
             2.
             
          
           
             
               Eadmer
               .
               f.
            
             6.
             
          
           
             
               Hoveden
               ,
               f.
            
             260.
             
          
           
             
               Eadm
               .
               f.
            
             9.
             
          
           
             
               Selden
               .
               ad
               Eadm
               .
               f.
            
             165.
             
          
           
             
               Eadm
               .
               f.
            
             26.
             
          
           
             f.
             30
             ,
             31.
             38.
             
          
           
             
               Id.
               f.
            
             65
             ,
          
           
             f.
             85
             ,
          
           
             
               Hen.
               Hunt.
               l.
            
             7.
             f.
             220.
             2.
             
          
           
             Coke
             2
             Inst.
             f.
             602.
             
          
           
             
               Mat.
               Wesim.
            
             f.
             320.
             
          
           
             Bract.
             l.
             5.
             p.
             5.
             c.
             15.
             
          
           
             L.
             Assis.
             30.
             
             E.
             3.
             pl.
             19.
             
             
               Brook
               Tit.
            
             Pr.
             pl.
             
             10.
             
          
           
             
               Covarruv
               .
               Peaut
            
             .
             Q.
             c.
             35.
             n.
             5
             ,
             6.
             
          
           
             
               Jus
               Belgar
            
             .
             p.
             70.
             
          
           
             
               Cod.
               Fab.
            
             ad
             Tit.
             Cod.
             de
             Appel
             .
             ab
             Abus
             .
             Def.
             3
             ,
             4
             
          
           
             P.
             72.
             
          
           
             
               Covarr
               .
               Prat.
            
             Q.
             35.
             n.
             5.
             
             
               Stat.
               Polon
            
             .
             p.
             207
             ,
             208.
             
             Pre.
             
               de
               Lihertes
               de
               l'
               Eglis
               .
               Gal.
            
             vol.
             2.
             c.
             30.
             
          
           
             Claus.
             7
             E.
             1.
             
          
           
             
               Placit
               .
               Parl.
            
             21
             E.
             1.
             f.
             135
             
          
           
             
               Placit
               .
               Parl.
            
             28
             E.
             1.
             f.
             227.
             
          
           
             Claus.
             31.
             
             E.
             1.
             m.
             6.
             
          
           
             16
             E.
             3.
             
             Tit.
             E.
             1.
             com
             .
             4.
             
          
           
             
               Lomed
               .
               De
               exempt
               .
               c.
            
             3.
             n.
             7.
             
          
           
             Chart.
             16.
             
             
               Job
               .
               m.
            
             9.
             
             Pat.
             22.
             
             H.
             3.
             m.
             10.
             
          
           
             
               Hoveden
               ,
               f.
            
             320.
             
          
           
             
               Bracton
               l.
            
             3.
             c.
             9.
             n.
             2.
             
             
               Flet.
               l.
            
             1.
             c.
             29.
             n.
             7.
             
             
               Brit.
               c.
            
             9.
             
             
               Horn.
               ch
            
             .
             2.
             
             Sect.
             22.
             
          
           
             C.
             12.
             q.
             2.
             n.
             46
             ,
             47.
             
          
           
             C.
             Clerici
             de
             Judiciis
             .
             C.
             cum
             terra
             declect
             .
             C.
             1
             &
             ult
             .
             de
             Consuet
             .
          
           
             De
             Multa
             de
             Prabend
             .
          
           
             C.
             
               Innotuit
               de
            
             Elect.
             
          
           
             
               Mat.
               Paris
               ,
               ad
            
             A.
             D.
             1235.
             
          
           
             
               Matt.
               Wesim.
               ad
            
             A.
             D.
             1233.
             
          
           
             
               Matt.
               Paris
            
             ,
             A.
             D.
             2246.
             p.
             649.
             
             A.
             D.
             1251.
             p.
             818.
             
          
           
             
               Matt.
               Paris
            
             ,
             A.
             D.
             1253.
             p.
             873.
             
             
               Lib.
               Diurnus
               Pontif.
            
             30.
             
          
           
             
               Ferrand
               .
               Vasq.
               Cont.
               Fret
            
             .
             l.
             3.
             c.
             51.
             n.
             2.
             
             
               Pet.
               de
               Marca
               ,
               de
               Concord
               .
               Sacerd
               .
               &
               Imperii
               ,
            
             l.
             3.
             c.
             10.
             n.
             2.
             
          
           
             
               Baldus
               ,
               in
            
             c.
             2.
             
             §.
             
               Siquis
               vero
               de
               Pace
               Const.
               In
               l.
               Digna
               vox
               .
               In
            
             l.
             1.
             
             
               F.
               De
               Const.
               Princip
            
             .
          
           
             
               Jaeobat
               .
               De
               Conciliis
            
             .
             l.
             7.
             f.
             320.
             
             C.
             
          
           
             
               Hob.
               R.
            
             f.
             146.
             
          
           
             C.
             1.
             q.
             7.
             
               sect
               .
               nisi
               rigor
            
             .
          
           
             Praxis
             Dispens
             .
             Apostolicarum
             Auctore
             Pyrrho
             Corrado
             .
          
           
             C.
             7.
             q.
             1.
             
               c.
               Petiisti
            
             .
          
           
             
               Ivo
               Epist.
            
             236
             
          
           
             
               Bernard
               de
               consider
               .
               ad
               Eugenium
               ,
               l.
            
             3.
             
          
           
             
               Bernard
               .
               epist.
            
             7.
             
          
           
             
               Suarez
               de
               legibus
               ,
               l.
            
             6.
             c.
             18
             ,
             19.
             
             Vaugbans
             Rep.
             f.
             348.
             
             
               Suar.
               c.
            
             18.
             n.
             6.
             
          
           
             n.
             26.
             
          
           
             c.
             19.
             n.
             6.
             
          
           
             n.
             9.
             
          
           
             n.
             10.
             
          
           
             Vasq.
             1.
             2.
             
             Disp.
             178.
             c.
             4.
             n.
             34.
             
          
           
             Vaugh.
             Rep.
             f.
             332.
             
          
           
             
               Grot.
               de
               aquit
               .
               Indulg
               .
               &
               facilitate
               ,
               c.
            
             2.
             n.
             10
             
               Suarez
               de
               leg
            
             .
             l.
             6.
             c.
             14.
             n.
             2.
             
          
           
             Vasquez
             1
             ,
             2.
             disp
             .
             178.
             c.
             2.
             
             
               Pusendorf
               de
               jure
               naturae
               ,
               &
               gent.
               l.
            
             1.
             c.
             6.
             n.
             17.
             
          
           
             
               Rot.
               Parl.
            
             15
             R.
             2.
             n.
             1.
             
          
           
             n.
             8.
             
          
           
             
               Rot.
               Parl.
            
             16.
             
             R.
             2.
             n.
             8.
             
          
           
             
               Rot.
               Parl.
            
             17
             R.
             2.
             n.
             22.
             
          
           
             
               Rot.
               Parl.
            
             20
             R.
             2.
             n.
             21.
             
          
           
             
               Rot.
               Parl.
            
             1
             H.
             4.
             n.
             85.
             
          
           
             
               Rot.
               Parl.
            
             2
             H.
             4.
             n.
             26.
             
          
           
             n.
             42.
             
          
           
             
               Rot.
               Parl.
            
             7
             H.
             4.
             n.
             134.
             
          
           
             
               Rot.
               Parl.
            
             ib.
             
          
           
             
               Rot.
               Parl.
            
             1
             H.
             5.
             n.
             22.
             
          
           
             Short
             account
             ,
             p.
             25
             ▪
             
          
           
             
             Rushworth's
             Collections
             ,
             vol.
             1.
             p.
             574.
             
          
           
             Vaugh.
             Rep.
             f.
             337.
             
          
           
             s.
             339.
             
          
           
             f.
             358.
             
          
           
             f.
             333
             ,
             f.
             334.
             
          
           
             f.
             335.
             
          
           
             f.
             29.
             
          
           
             Short
             Account
             ,
             p.
             21.
             
          
           
             V.
             R.
             f.
             342.
             
          
           
             Bract.
             l.
             c.
             5.
             n.
             2.
             
          
           
             f.
             349
             ,
          
           
             f.
             344.
             
          
           
             Short
             account
             ,
             p.
             9.
             
          
           
             7
             R.
             14.
             
          
           
             12
             R.
             f.
             18.
             
          
           
             1
             Inst.
             234.
             
          
           
             1
             Inst.
             120.
             3
             
             Inst.
             154.
             
          
           
             3
             Inst.
             154.
             
          
           
             
               Short
               Account
            
             ,
             p.
             38.
             
          
           
             P.
             30.
             
          
           
             4
             Rep.
             
          
           
             
               Dionys.
               Halyc
               .
               Arn.
            
             l.
             2.
             
          
           
             Bract.
             l.
             ●
             ,
             ●
             .
             1
             ,
             c.
             3.
             1.
             
          
           
             L.
             1.
             c.
             2.
             n.
             6.
             
          
           
             Fortescue
             ,
             2.
             c.
             13.
             f.
             32.
             
          
           
             C.
             18.
             f.
             40.
             
          
           
             C.
             34.
             35.
             
          
           
             C.
             36.
             f.
             84.
             
          
           
             
               Matt.
               Paris
            
             ,
             f.
             854.
             
          
           
             
               Basel
               .
               Pontius
               De
               Matr.
               l.
            
             8.
             
               de
               dispensat
               .
               c.
            
             5.
             n.
             7.
             
          
           
             
               Sanchez
               de
               matr
               .
               l.
            
             8.
             
               dispens
               .
               c.
            
             17.
             n.
             29.
             
          
           
             
               Buxtorff
               .
               in
               auream
               bullam
               ,
               c.
            
             1.
             sect
             .
             7.
             
          
           
             
               Gail
               .
               observ
               .
               l.
            
             1.
             obs
             .
             41.
             n.
             4
             
          
           
             
               Job
               .
               Wolfg.
               Textor
               .
               de
               jure
               gent.
               c.
            
             11.
             n.
             26.
             
          
           
             
               Bellug
               .
               spic
               .
               Princ.
               rubr
               .
            
             7.
             n.
             4.
             
             
               Hier.
               Grat.
               cons.
            
             41.
             n.
             21.
             
             
               Rol.
               a
               valle
               ,
               cons.
            
             62.
             n.
             5.
             vol.
             2.
             
             
               Celsus
               Hugo
               ,
               de
               clausulis
               ,
               n.
            
             23.
             
          
           
             
               Eadmer
               .
               f.
            
             113
             ,
             115.
             
          
           
             f.
             118
             ,
             121.
             
          
           
             
               Hunt.
               f.
            
             226.
             
          
           
             
               Hoveden
               ,
               f.
            
             426
             ,
             433
             ,
             465.
             
          
           
             K.
             James
             his
             Premon
             .
             p.
             300.
             
          
           
             Visitatorial
             Power
             ,
             
               &c.
               p.
            
             262.
             
          
           
             P.
             266.
             
          
           
             Vindication
             
               Eccles.
               Com.
            
             p.
             19.
             
          
           
             Co.
             5.
             
             R.
             f.
             39.
             
          
           
             2
             Cr.
             f.
             37.
             
             Moor
             ,
             f.
             755.
             
             Noy
             ,
             f.
             100.
             
          
           
             P.
             14.
             
          
           
             Statut.
             pro
             Clero
             .
          
           
             Visitatorial
             Power
             ,
             
               &c.
               p.
            
             302.
             
          
           
             Assurance
             of
             Abby-Lands
             ,
             p.
             164
             ,
             184.
             
          
           
             Visitatorial
             Power
             ,
             
               &c.
               p.
            
             297
             ,
             298.
             
          
           
             p.
             200.
             
          
           
             p.
             297
             ,
             298.
             
          
           
             Defence
             .
             p.
             24
             
          
           
             Rep.
             
               Angl.
               l.
            
             3.
             c.
             10.
             
          
           
             Instit.
             51.
             
          
           
             Cottons
             Abr.
             p.
             23.
             
          
           
             
               Mod.
               Rep.
            
             f.
             84.
             
          
           
             Dier
             ,
             f.
             209.
             
          
           
             p.
             320.
             
          
           
             p.
             224.
             
          
           
             
               Visitatorial
               Power
            
             ,
             p.
             313.
             
          
           
             
               King
               James
            
             his
             Works
             ,
             p.
             283.
             
          
           
             4
             Inst.
             f.
             42.
             
          
           
             Bract.
             1.
             5
             de
             Excep
             .
             c.
             1.
             
          
           
             L.
             2.
             c.
             8.
             n.
             9.
             
          
           
             L.
             5.
             de
             Exc.
             c.
             14.
             
          
           
             2
             Inst.
             f.
             418.
             
          
           
             
               Mirror
               de
               Justic
            
             .
             c.
             3.
             
             §.
             16.
             
          
           
             L.
             3.
             
               de
               Action
               c.
            
             9.
             n.
             3.
             
          
           
             L.
             1.
             c.
             1.
             n.
             2.
             
          
           
             P.
             313.