THE Bishops Courts DISSOLVED: OR, THE LAW OF ENGLAND TOUCHING Ecclesiastical Jurisdiction STATED.  
Wherein it appears that the Spiritual Courts want both Power and Might to execute their Wills upon his Majesty's good Subjects at this day.  
BEING A short and brief Account of the several Statutes made concerning the Spiritual and Ecclesiastical Jurisdiction.  
By E. W.  
LONDON, Printed for T. Reyner, to be sold by Rich. Janeway in Queens-head-alley in Pater-noster-row. 1681.   

THE Bishops Courts DISSOLVED: OR, THE Law of England Touching Ecclesiastical Jurisdiction Stated.  
THe design of this Narrative, whatever Censurers it may meet with, hath no other end than to bring truth to light, and that truth more especially which hath been so long masked and hid under Church-mens Gowns; and which hath been most industriously concealed with great Artifice from the ignorant vulgar, as they are generally pleased to term Laymen; though some of those Lay men, nay, the most of them, I think, are both for Parts and Piety not in the least inferior to the best of them, though they call themselves the only Clergymen, as if every member of Christ's Church were not the Clergy or God's heritage as well as they.  
But my present business is only to meddle with the coercive power they pretend to in Courts Christian, or Spiritual Jurisdiction, which for them to claim such a power in England distinct from the legal power known in this Kingdom, and contrary to the Supremacy of the King, in direct opposition to his Authority, as he is by Law supreme head of the Church of England, is a very great wonder to me, and I believe to the Ingenuous Reader, if he consider the matter of fact as it lies.  
In the first place, the Reader must know that all manner of Spiritual Jurisdiction used in this Nation had its original and foundation from the un-holy Mother Church, the See of Rome, and her Canon Law: and was born or rather brought into this Northern Island of England by Austin the Monk: for before his time we do not find any tract of Church-Government (that is) by way of Excommunication in Court Christian.  
When he came here it was with the same specious pretence that Rome and her Adherents and Devotaries to this day use, that is, decency and regular government of the Church of Christ: But no sooner had this Monk set foot into this Kingdom but he began to show his cloven foot● as it evidently appeared in a very short time after, for when he found that the Christians in this Island were more holy than himself; and that they liked not his Pride and Arrogancy, he fell upon the Monks of Bangor, and began to Curse them with Bell, Book, and Candle, till they should submit to him and the unholy See of Rome. And from that time, and not before, all manner of Ecclesiastical Courts and Censures of the Church both grew and continued in this Kingdom (until the time of Henry the Eighth) under the Pope's Authority: and how they used the people in these Courts, and how many were murdered and destroyed for Religion sake in all that time, is too great a number now to be reckoned.  
But not withstanding they had this vast power, and held Courts Canonical (as they term them) by Authority from the See of Rome, even from Austin the Monk, to William the First (commonly called the Conqueror) and from thence to the time of Henry the Eighth, yet the Bishops and Clergy of England sometimes by the Statute Law of the Land met with many rubs in their Canon Law: for their oppressions being become very great, even so great that in those dark times and fogs of Popery the Laymen began to discover their cheats, and therefore the wings of the Clergy began sometimes to be a little clipped by the Statute Law of the Land, as you will find by several Statutes made since Henry the Third: 
Vide Rot. An. 1257. 3 Ed. primi Cap. 2.  particularly in the Statute made in Edward the First's time, which ordains, That a Clerk being indicted of Felony by solemn Inquest of lawful men in the King's Court, in no manner shall be delivered without due Purgation.  
Now before this Statute the Churchmen pleaded exemption from the Temporal Law; and offenders, it should seem, which were Churchmen claimed a privilege to be only liable to the power of the Church.  
In the next place you will find by the Statute of Edward the First in the thirteenth year of his Reign the Spiritual Courts were prescribed what it was they should be suffered to take Cognizance of and no more, see the Statute, Viz.  The King to his judges sendeth greeting, 
Called Stat. de circumspect. agatis made 13 E. 1. Anno Dom. 1285.  Use yourselves circumspectly in all matters concerning the Bishop of Norwich and his Clergy, not punishing them if they hold plea in Court Christian of such things as be mere Spiritual, that is, to wit, of Penances enjoined by Prelates for deadly sins, as Fornication, Adultery, and such like, for the which sometimes corporal Penance, and sometimes pecuniary is enjoined, especially if a Freeman be convicted of such things. 
Now after this King's time those spiritual men finding themselves by his Laws kept within some moderate bounds, 
Vid. Rot. de Artic. Cleri An. 9 Ed. 2. & A. D. 1315.  grew very uneasy; and therefore in Edward the Second time they began to stir for the enlarging their power: For you will find in his Reign that the Clergy got Laws to pass then, that the Clergy might correct in their Spiritual Courts for defamation, and corporal penance was to be enjoined, as you may see by the Rolls of those times.  
In these Statutes made at Lincoln they had divers Privileges given them, 
Idem Cap. 3.  as in the third Chapter they had power allowed them to lay Corporal punishment.  
And in the fourth Chapter, 
Cap, 4.  Prelates might correct for Defamation by that Statute.  
In the eighth Chapter it appears that the Clergy did use to meddle with the King's servants, 
Idem Cap. 8.  and censure them at their pleasure, till they were limited and bounded by this Ordinance: which Ordinance, viz.  It pleased our Lord the King that such Clerks that attend in his service, if they ostend they shall be corrected by their Ordinary, like as other, but so long as they are occupied about the Exchequer, they shall not be bound to keep Residence in their Churches. 
And in the same year among the Articles made for to give power, 
Idem Cap. 14.  and to restrain: it is ordained, viz.  Also if any dignity be vacant, where Election is to be made, it is moved that the Electors may freely make their Election without fear of any power Temporal. 
The King's Answer was, They shall be made free according to the form of Statutes and Ordinances.  
This power continued to the Clergy till King Henry the Eighth, only sometimes there was some small abridgements by several Statutes and Ordinances, as in 31 Ed. 3. Cap. 4. where their Extortion about Fees was by the Statute regulated. 
Vide Rot. 31 Ed. 3. Cap. 4.   
The next thing wherein the wings of the Clergy were clipped, was by the Statute of 16 Rich. 2. Cap. 5. which declares purchasing Bulls from the See of Rome unlawful, and a Praemunire so to do: 
Vide 16 Rich. 2. Cap. 5.  and ordains among divers other things, viz.  Whereupon our Lord the King by the assent aforesaid, and at the request of the said Commons hath ordained and established that if any purchase or pursue or cause to be purchased or pursued in the Court of Rome or elsewhere, by any such Translations, Processes or Sentences of Excommunications, Bulls, Instruments, or any other things whatsoever, which touch the King, against him, his Crown, or his Regality, or his Realm, as is aforesaid, and they which bring within the Realm, or them receive, or make thereof Notification, or any other Execution whatsoever, within the same Realm or without, that they, their Notaries, Procurators, Maintainers, Abettors, Factors, and Councillors, shall be put out of the King's protection, etc. and shall forfeit all their Lands and Tenements, Goods and Chattels, and make Ransom to the King, etc. and that process be made against them by praemunire facias, in manner as it is ordained in other Statures of Prouisoes and others, which do sue in any other Court, in derogation of the Regality of our Lord the King. 
In Henry the Seventh's time we find the Clergy prayed Aid of the Common Law, 
Vide H. 7. cap. 4.  to help them to punish their Priests and Clerks for Incontinency.  
Which Statute gives the Bishop's power to punish such offender by their Episcopal Jurisdiction, as was to them thought most meet, and to be freed from any action to be brought against them for the same at Law.  
Thus they continued without any Interruption until the fatal time of Henry the Eighth, and even in his time till the twenty first we do not find any great adding or diminishing from them or the power they pretended to by their Canon Law, for it must be observed, and it will not be denied by any person, but that still the power the Clergy of England ever had, except what was given them by Statute Law, was only the Canon Law brought with them from their unholy Mother, the Church of Rome.  
In 21 H. 8. cap. 13. 
Stat. 21 H. 8. cap. 13.  Spiritual persons are abridged from having pluralities of Live, and from taking of Farms, or to deal in Merchandise, and that all Dispensations contrary to this Statute shall be void, by which it seems the Clergy were Merchants for Temporals as well as Spiritual before that time.  
In 23 H. 8. cap. 9 
23 H. 8. cap. 9  another Act was made which reaches their Court more especially than any before that time, called, viz. (the Bill of Citetias) in which Law the Arch-Bishops and Bishops are enjoined not to cite any person out of their own Diocese where they live under a severe penalty, except it be for Heresy and Probates of Wills, in which Law is provided 10 l. damages, besides cost to be recovered by the party grieved by action or otherwise.  
Sect. 6 In the same Act, Sect. 6. this very clause also is contained, viz.  And be it enacted by the Authority aforesaid, that no Archbishop or Bishop, Ordinary, Official, Commissary, or any other Substitute or Minister of the said Arch-Bishops, Bishops, Arch-Deacons, or others having Spiritual jurisdiction, at any time from the Feast of Easter next coming, shall ask, demand, take or receive of any of the King's Subjects any sum or sums of money for the Seal o● any Citation afer the said Feast, to be awarded or obtained, then only 3 d. Sterling, upon the pains and penalties afore limited, contained and expressed in this present Act to be in like form recovered, as is aforesaid. 
But now though this Law is so plain as nothing can be made more plain, yet to this day their Spiritual Courts Conscience are large enough to take instead of 3 d. for every Sealed Citation not less than 6 s. 8 d. or such like sum, to the shame and reproach not only to themselves, but even to the whole Nation that suffers such abuses to be put upon the people contrary to all Law, and when remedy may easily be had.  
In 24 H. 8. cap. 12. 
24 H. 8. c. 12.  Another Act was made, which takes away all Appeals to the See of Rome: and because it may most evidently appear that the Spiritual and Temporal Jurisdiction was ever a Flower to the Imperial Crown of this Realm, I shall here insert in haec verba part of the second Section of that Statute, viz.  Sect. 2 And whereas the King and his most noble Progenitors, and the Nobility and Commons of this Realm, at divers and sundry Parliaments, as well in the time of King Edward the First, Edward the Third, Richard the Second, Henry the Fourth, and other Noble Kings of this Realm, made sundry Ordinances, Laws, Statutes and Provisions, for the entire and sure conservation of the prerogatives, liberties and preeminencies of the said Imperial Crown of this Realm, and of the jurisdictions Spiritual and Temporal of the same, to keep it from the Annoyance as well of the See of Rome, as from the Authority of other foreign Potentates attempting the diminution or violation thereof, as often and from time to time, as any such annoyance or attempt might be known or espied, and notwithstanding the said good Statutes and Ordinances made in the time of the Kings most noble Progenitors, in preservation of the Authority and Prerogative of the said Imperial Crown as is aforesaid, etc. 
By which recital in this Statute it is most plain, that all Spiritual Jurisdiction is and aught to be derived from and under the Prerogative of the King and the Imperial Crown of England, as will more fully appear by the remaining part of the Statute, too long here to be inserted.  
But now in 25 H. 8. cap. ●9. 
25 H. 8. c. 19  the whole power of the Clergy, and all their Authority is acknowledged to be in the King, and all Canons to cease, and they never to make more but by Commissions from and under him, by virtue of that Act entitled, viz. The Submission of the Clergy, and restraint of Appeals: Which gins thus, viz.  Whereas the King's humble and obedient Subjects the Clergy of the Realm of England have not only acknowledged according to truth, that the Convocations of the same Clergy is, always hath been, and aught to be assembled only by the King's Writ, but also submitting themselves to the King's Majesty, have promised (In verb Sacerdotii) that they will never from henceforth presume to attempt, allege, claim, or put in ure, enact, promulge, or execute any new Canons, Constitutions, Ordinances, Provincial or others, or by whatsoever name they shall be called in the Convocation, unless the Kings most Royal assent and licente may to them be had, to make, promulge, or execute the same. And that his Majesty do give his most Royal assent and authority in that behalf. And whereas divers Constitutions, Ordinances and Canons, Provincial or Synodal, which heretofore have been enacted and be thought not only to be much prejudicial to the King's Prerogative Royal, and repugnant to the Laws and Statutes of this Realm, but also overmuch onerous to his Highness and his Subjects. The said Clergy have most humbly besought his Highness that the said Constitutions and Canons may be committed to the Examination and judgement of his Highness, and of thirty two persons of the King's Subjects, whereof sixteen to be of the upper and nether house of Parliament of the Temporality, and the other sixtéen to be of the Clergy of this Realm, and all of the said thirty two persons to be chosen and appointed by his Majesty, etc. 
And then Enacts, viz.  Be it therefore Enacted by the Authority of this present Parliament, according to the said submission and petition of the said Clergy that they nor either of them from henceforth shall presume to attempt, allege, claim, or put in urd any Constitutions or Ordinances, Provincial or Synodal, or any other Canons; nor shall enact, promulge, or execute any such Canons, Constitutions or Ordinances Provincial, by whatsoever name or names they may be called in their convocations in time coming, which always shall be assembled by authority of the King's Writ, etc. 
And the Penalty for doing other than this Act directs was imprisonment, and Fine at the Kings will, as by the Statute more at large appears.  
So that by this Statute their whole power was now invested in the King, and till new Canons were made, or the old ones confirmed, as the Statute directs, the Clergy of England could in no sort act: and from that time of the making of this Statute until this present, I cannot find that ever any liberty was given, or that any Canons were made or confirmed by Law, other than what were judged unlawful in King Charles the First's time, and damned by Act of Parliament in 1640. Which you will hear more of by and by.  
If it be thus, then from 25 H. 8. I must date their downfall, a most happy day to England from that time; and it may be said, all their Canons are now out of doors, or at least very lame: and if so, then let the Reader judge where is their Authority for their Courts, for they must and do own that it was the Canon Law they acted by; and if so, then sure if they have no Canons to act by, or at best but doubtful Canons, than I conceive they can have no power except they can find it by the Statute Law, which I would be glad to see.  
In the next place another Law is made against them in 25 H. 8. which takes away all First-fruits to the Bishop of Rome, 
25 H. 8. c. 20.  and ordains that Elections of all Bishops shall be by the Kings Writ under a severe pain.  
In the same year an Act is made to take away Peter-pences and Dispensations, 
Idem cap. 21.  in which Statute it is expressly declared that this Land ought not to be subject or bound to any humane Laws but such as are of their own making within this Realm.  
The King being declared head of the Church, 
26 H. 8. cap. 1.  it is expressly there enacted (viz.) Shall have full power and authority from time to time to visit, repress, redress, reform, order, correct, restrain all such errors, heresies, abuses, offences, contempts and enormities, whatsoever they be, which by any manner of Spiritual Authority or jurisdiction ought or may lawfully be reform, repressed, ordered, redressed, corrected, restrained or amended, most to the pleasure of Almighty God, etc.  
This being the Case, what colour can here be for any Spiritual or Ecclesiastical power to any person whatever, but what must be derived from and under the King, and by his Authority and Commission, and in his name and not in their own, nor in the Bishop of Rome.  
But because the Reader may be more fully satisfied, I have here inserted the Statute made 37 H. 8. cap. 17. 
37. H. 8. c. 17.  Entitled, viz. A Bill that the Doctors of Civil Law being married may exercise Ecclesiastical Jurisdiction.  
In most humble wise show and declare unto your Highness your most faithful, humble and obedient Subjects, the Lords Spiritual and Temporal, and the Commons of this present Parliament assembled, That whereas your Royal Majesty is, and hath always been, justly by the word of God, Supreme head in the Earth in the Church of England, and hath full power and authority to correct, punish, and repress all manner of Heresies, Errors, Vires, Sins, Abuses, Idolatries, Hypocrisies and Superstitions, sprung and growing within the same, and to exercise all other manner of jurisdictions, commonly called Ecclesiastical jurisdiction: Nevertheless the Bishop of Rome and his adherents, minding utterly as much as in him lay, to abolish, obscure and delete such power given by God to the Princes of the Earth, whereby they might gether and get to themselves the Government and rule of the world, have in their Councils and Synods Provincial, made, ordained, established and decreed divers Ordinances and Constitutions, that no Lay or married man should or might exercise or occupy any jurisdiction Ecclesiastical, nor should be any judge or Register in any Court, commonly called Ecclestatical Court, lest their false and usurped power, which they pretend, and went about to have in Christ's Church should decay, wax vile, and be of no reputation, as by the said Councils and Constitutions Provincial appeareth: Which standing and remaining in their Effect, not abolished by your Grace's Laws, did sound to appear to make greatly for the said usurped power of the said Bishop of Rome, and to be directly replignant to your Majesty as supreme head of the Church, and Prerogative Royal, your Grate being a Lay man.  
And albeit the said Decrees, Ordinances and Constitutions, by a Statute made in the five and twentieth year of your most noble reign, be utterly abolished, frustrate, and of none effect: yet because the contrary thereunto is not used, nor put in practice by the Arch-Bishops, Bishops, Arch-Deacons, and other Ecclesiastical persons, who have no manner of jurisdiction Ecclesiastical, but by, under, and from your Royal Majesty, it addeth, or at the least may give occasion to some evil disposed persons, to think, and little to regard the proceed and censures Ecclesiastical made by your Highness and your Vicegerent, Officials, Commissaries, judges and Visitators, being also Lay and Married men, to be of little or none effect or force, whereby the people gathereth heart and presumption to do evil, and not to have such reverence to your most Godly injunctions and proceed as becometh them.  
But forasmuch as your Majesty is the only and undoubted supreme head of the Church of England, and also of Ireland, to whom by Holy Scripture all authority and power is wholly given to hear and determine all manner of causes Ecclesiastical, and to correct all vice and sin whatsoever; and to all such persons as your Majesty shall appoint thereunto: That in consideration thereof, as well for the Instruction of ignorant persons, as also to avoid the occasion of the opinion aforesaid, and the setting forth of your prerogative Royal and Supremacy.  
It may therefore please your Highness, that it may be ordained and enacted by the authority of this present Parliament, That all and singular persons, as well Lay, as those that be now married, or hereafter shall be married, being Doctors of the Civil Law, lawfully create, and made in any University which shall be made, ordained, constituted and deputed to be any Chancellor, Vicar-General, Commissary, Official, Scribe or Register, by your Majesty or any of your Heirs or Successors, or by any Archbishop, Bishop, Archdeacon, or other person whatsoever, having authority under your Majesty, your Heirs and Successors to make any Chancellor, Vicar-General, Commissary. Offical or Register, may lawfully execute and exercise all manner of jurisdiction, commonly called Ecclesiastical jurisdiction, and all Censures and Coertions appertaining or in any wise belonging unto the same, albe it such person or persons be Lay, married or unmarried, so that they be Doctors of the Civil Law, as is aforesaid; any Law, Constitution, or Ordinance, to the contrary notwithstanding.  
Now here it appears plain, that all Authority must be derived from the King, and he alone as head of this Church hath power to correct or amend Heresies, and all other Misdemeanours, having the sole jurisdiction in Courts Spiritual, called Ecclesiastical Courts, and none to be made, or Synold held, but by his authority and permission, so that it cannot be imagined by any that the Clergy had power to make Canons either new, or to go on with their old ones, till another Law be made, and power given them by the King as the Law directs.  
And from this time of the making of this Law none of the Canons, or pretended Canons, are any more in force in England than if there never had been any such thing in the world, This therefore I lay down as a sure rule that the Ecclesiastical Courts have no power but what must be given them by the Statute Law of the Land.  
And therefore to come nearer to the matter, I shall set down what Laws have been since made in their favour, and what against them. Which is thus:  
King Edward the Sixth being a Protestant, and having a wise and honest Council about him, foreseeing the great benefit did accrue to the Crown and whole Nation by those good Laws made in his Father's time, made a Law that takes away all scruple and doubt whatsoever about the Ecclesiastical Courts, and gives them not so much as power to hold any Courts in their own name, nor to use their own Seal, although they were suffered to act by, from, and under the King, according to the Laws made by his Father. And it appears by the Statute, Entitled, viz. An Act for the Election of Bishops.  
Which Act, for the better information I have inserted at large, hoping those worthy Spiritual men will vouchsafe the reading it. Which is as follows:  
Forasmuch as the Elections of Arch-Bishops and Bishops, 
1 Ed. 6. cap. 2.  by the Deans and Chapters within the King's Majesty's Realms of England and Ireland at this present time, be as well to the long delay, as to the great costs and charges of such persons, as the King's Majesty giveth any Archbishopric or Bishopric unto: And whereas the said Elections be in very deed no Elections, but only by a Writ of Congee d'Eslire, have colours, shadows or pretences of Elections, serving nevertheless to no purpose, and seeming also derogatory and prejudicial to the Prerogative Royal, to whom only appertaineth the Collation and gift of all Archbishoprics, and Bishoprics, and Suffragan Bishops within his Highness said Realms of England and Ireland, Wales, and other his Dominions and Marches: For a due reformation hereof, Be it therefore enacted by the King's Highness, with the assent of the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by Authority of the same, That from henceforth no such Congee d'Eslire be granted, nor Election of any Archbishop or Bishop by the Dean and Chapter made: But that the King may by his Letters Patents at all times when any Archbishopric or Bishopric is void, confer the same to any person to whom the King shall think meet: The which Collations so by the King's Letters Patents made, and delivered to the person whom the King shall confer the same Archbishopric or Bishopric, or to his sufficient Proctor or Attorney, shall stand to all intents, constructions and purposes, to as much and the same effect, as though Congee d'Eslire had been given, the Election duly made, and the same confirmed. And thereupon the said person to whom the said Archbishopric, Bishopric, or Suffraganship is so conferred, collated or given, may be consecrated, and sue his Livery or Ouster le Main, and do other things as well as if the said Ceremonies and Elections had been done and made.  
Provided always, and be it Enacted by the Authority aforesaid, that every such person, to whom any collation and gift of any Archbishopric or Suffraganship shall be given or collated by the King, his Heirs or Sure essors, shall pay, do and yield to all and every person all such fees, interests, and duties, as of old time hath been accustomed to be done, any thing in this Act or in any other to the contrary hereof in any wise notwithstanding.  
And whereas the Arch-Bishops and Bishops, and other Spiritual persons in this Realm, do use to make and send out their summons, citations and other processes, in their own names, and in such form and manner as was used in the time of the usurped power of the Bishop of Rome, contrary to the form and order of the summons and process of the Common Law used in this Realm (seeing that all Authority of jurisdiction, Spiritual and Temporal, is derived and deducted from the King's Majesty as supreme head of these Churches, and Realms of England and Ireland, and so justly acknowledged by the Clergy of the said Realms, that all Courts Ecclesiastical within the said two Realms) be kept by no other power or authority, either foreign or within the Realm, but by the authority of his most excellent Majesty. Be it therefore further enacted by the Authority aforesaid, that all summons and citations, or other Process Ecclesiastical, in all suits and causes of Instance betwixt party and party, and all causes of Correction, and all causes of Bastardy or Bigamy, or enquiry de jure patronatus, Probates of Testaments, and Commissions of Administrations of persons deceased, and all Acquittances of, and upon account made by the Executors, Administrators, or Collectors of goods of any dead person, be from the first day of July next following, made in the name, and with the style of the Ring, as it is in Writs Original or judicial at the Common Law: And that the Test thereof he in the name of the Archbishop or Bishop, or other, having Ecclesiastical jurisdiction, who hath the Commission and grant of the Authority Ecclesiastical immediately from the King's Highness, and that his Commissary, Official or Substitute, exercising jurisdiction under him, shall put his name in the Citation or Process after the Test.  
Further be it enacted by the Authority afore 〈◊〉, That all manner of person or persons, who have the exercise of Ecclesiastical jurisdiction shall have from the first day of July before expressed in their Seals of Office, the King's Highness Arms decently set, with 〈◊〉 Characters 〈◊〉 the Arms for the knowledge of the Diocese, and shall use no other Seal of jurisdiction, 〈◊〉 where his Majesty's Arms be engraven, upon pain that if any person shall use Ecclesiastical jurisdiction (after the day before expressed) in this Realm of England, Wales, or other his Dominions or Territories, and not send or make out the Ciration of Process in the King's name, or use any Seal of jurisdiction other than before limited; that every such Offender shall incur, and run in the King's Majesty's displeasure and indignation, and suffer Imprisonment at his Highness will and pleasure.  
Provided that no more, nor other Fees be taken or paid for the Seal and Writing of any Citations or other Process than was heretofore accustomed.  
Provided also, and be it Enacted by the Authority aforesaid, That the Archbishop of Canterbury for the time being, shall use his own Seal and in his own name, in all Faculties and Dispensations according to the Tenor of an Act thereof made: And that the said Arch-Bishops and Bishops shall make, admit, order, and reform their Chancellors, Officials, Commissaries, Advocates, Proctors, and other their Officers, Ministers and Substitutes, and Commissions of Suffragan Bishops, in their own names, under their own Seals, in such manner and form as they have heretofore used: And shall certify to the Court of Tenths their Certifitates under their own names and Seals, as heretofore they have used, and according to the Statute in that case made and provided: And likewise shall make collations, presentations, gifts, institutions, and inductions of Benefices, Letters of Order, or Dismissories, under their own Names and Seals, as they have heretofore accustomed; any thing in this Act contained to the contrary notwithstanding.  
Provided always, and be it Enactes by the Authority aforesaid, that all Process hereafter to be made or awarded by any Ecclesiastical person or persons, for the Trial of any Plea or Pleas, or matter depending, or that horeafter shall depend in any of the King's Courts of Records at the Common Law, and limited by the Laws and Customs of this Realm, to the Spiritual Courts to try the same, that the Certificate of the same, altar the Trial thereof, shall the made in the King's name for the time being, and with the style of the sanle King, and under the Seal of the Bishop, graved with the King's Arms, with the name of the Bishop or Spiritual ●●●cer, being to the Test of the same Process and Certificate, and to every of them.  
This being then the Law that not only the power of Spiritual Courts, and all manner of Jurisdiction must be derived from and under the King, but also if they hold any, it must be in the King's name with his Arms in their Seals, and all Process must have the King's Title and not their own, otherwise than to the Test of the Process as in judicial proceed in other Courts.  
If this be so, as there is no man dare own the contrary, than what colour have the Bishops in their Spiritual Courts at this day to hold them in their own names, and to send out Process under their own Seals as if they were all paramount the King, and even as big as the Pope himself? for so runs their Process, viz. I cite you to appear before me, etc. at such a place. Now I would feign know what this [I] is, whether it be I Pope, or I Jesuit, or I Turk, that dare be thus bold with the Law and their Sovereign, not only in eclipsing his Prerogative, but indeed fetting themselves above him and the Law too: surely should but a Fanatic dare to do but one half so much, it would be both hell and damnation, if not the Fanatic Plot, so much talked of by these great Loyalists.  
But I must now come to show you what they pretend against this Law, for had they no excuse at all they would not be legitimate.  
Their pretence therefore is this, that Queen Marr when she came to the Crown repealed all Laws that diminished the authority of the See of Rome; among which, they say, this Act was one, but how this will help them, the Reader may judge, if it were so, which cannot be allowed.  
For thus it is, 
1 & 2 P. & M. Cap. 8.  in the first and second of Philip and Mary, an Act was made, viz. An Act repealing all Articles and Provisions made against the See Apostolic of Rome since the 20th of K. H. 8. and for establishing all Spiritual and Ecclesiastical possessions and hereditaments conveyed to the Laity.  
In this Statute there are divers Acts repealed by name, but this Act of Ed. 6. is not named, but is supposed to be employed, because that was against the Jurisdiction of Rome, but if that be a good repeal without naming, the Statute it ought to be well considered;  
However if it were so, that will stand them in but small stead, for in Queen Elizabeth's reign all this whole Statute of Repeal is repealed; then if so, those Acts are in force again. And so this excuse for holding Courts in their own names, and by the Authority of their Canons cannot help them, but leaves them in the same condition as in Henry the Eighth and Edward the Sixth's time, in which they had no power at all.  
This plainly appears by the Statute of 1 Eliz. cap. 1. which restores to the Crown the Ancient Jurisdiction, and abolishes all foreign power in Causes Ecclesiastical, and repeals the Statute of Repeal made in the first and second of Philip and Mary. Which is as follows:  
An Act to restore to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual, 
1 Eliz. cap. 1.  and abolishing all foreign power repugnant to the same. Which gins thus:  
Sect. 1 Most humbly beseech your most Excellent Majesty your faithful and Obedient Subjects, The Lords Spiritual and Temporal, and the Commons in this your present Parliament assembled: That where in the time of the reign of your most dear Father of Worthy Memory, King Henry the 8th. divers good Laws and Statutes were made and Established, as well for the utter extinguishment and putting away of all usurped and Foreign powers and Authorities out of this your Realm, and other your Highness Dominions and Countries, as also for the restoring and uniting to the Imperial Crown of this Realm, the Ancient jurisdictions, Authorities, Superiorities, and Preeminencies to the same of right belonging and appertaining, by reason whereof, we your most humble and obedient Subjects, from the five and twentieth year of the reign of your said dear Father, were continually kept in good order, and were disburdened of divers great and intolerable charges and exactions before that time unlawfully taken, and exacted by such Foreign power and authority as before that was usurped, until such time as all the said good Laws and Statutes by one Act of Parliament made in the first and second years of the Reigns of the late King Philip, and Queen Marry your Highness' Sister intituted an Act repealing all Statutes, Articles and provisions made against the See Apostolic of Rome; since the twentieth year of King Henry the eight, and also for the Establishment of all Spiritual and Ecclesiastical possessions and Hereditaments conveyed to the Laity, were all clearly repealed and made void, as by the same Act of Repeal more at large doth and may appear; By reason of which Act of Repeal, your said humble Subjects were eftsoons brought under an usurped Foreign power and Authority, and yet do remain in that bondage, to the intolerable charges of your loving Subjects, if some redress (by Authority of this your high Court of Parliament, with the assent of your Highness) be not had and provided.  
Sect. 2 May it therefore please your Highness, for the repressing of the said usurped Foreign power, and the restoring of the Rites, jurisdictions and Preeminencies appertaining to the Imperial Crown of this your Realm, that it may be Enacted by Authority of this present Parliament. That the said Act made in the first and second years of the Reign of the said late King Philip and Queen Mary, and all and every branches, Clauses and Articles therein contained (other than such branches, Clauses and Sentences, as hereafter shall be excepted) may from the last day of this Session of Parliament, by Authority of this present Parliament, be repealed, and shall from thenceforth be utterly void and of none effect.  
Sect. 16 And to the intent that all Usurped and Foreign power and Authority Spiritual and Temporal, may for ever be clearly exting vished, and never be used or obeyed within this Realm, or any other your Majesty's Dominions or Countries, May it please your Highness that it may be further enacted by the Authority aforesaid. That no Foreign Prince, Person, Prelate, State or Potentate, Spiritual or Temporal, shall at any time after the last day of this Session of Parliament, use, entry or exercise any manner of power, jurisdiction, Superiority, Authority, Pre-eminence, or Privilege Spiritual or Ecclesiastical, within this Realm, or within any other your Majesty's Dominions or Countries that now be, or hereafter shall be, but from thence forth the same shall be clearly abolished out of this Realm, and all other your Highness Dominions for ever; any Statute, Ordinance, Custom, Constitutions, or any other matter or cause whatsoever to the contrary in any wise notwithstanding.  
Sect. 17 And that also it may please your Highness that it may be established and enacted by the Authority aforesaid that such jurisdictions, Privileges, Superiorities and Preeminencies Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical power or Authority hath heretofore been or may fawfully 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, Shismes, Abuses, Offences, Contempts, and Enormities, shall for ever, by Authority of this present Parliament be united and annexed to the Imperial Crown of this Realm.  
Now by these Branches of this Statute it is most clear that all manner of Jurisdiction in Causes Spiritual and Ecclesiastical is more absolutely invested in the Crown then ever before, so that if that of Edward the sixth be repealed, yet here it is passed all doubt that Act is now by this more enforced then ever: And that it may appear more plain, that no Court Spiritual was to Act any more but by Authority from the Queen in the next Section of this Statute of 1. Eliz. Power was given to the Queen in express words to grant Commissions (to hold Courts) under the great Seal of England, or else by this Statute none could be held at all neither in their own name, nor in the name of the Queen, which branch of the said Statute runs thus.  
Sect. 18 And that your Highness your Heirs and Successors, Kings or Queens of this Realm, shall have full power and authority by virtue of 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 or Successors shall think meet and Convenient, and for such and so long time as shall please your Highness, your Heirs or Successors such person or persons being natural born Subjects to your Highness your Heirs and Successors, as your Majesty your Heirs or Successors shall think meet to exercise, use, occupy and execute under your Highness your Heirs and Successors, all member of jurisdictions, Privileges, and Pre●en●nences in any wise touching or concerning any Spiritual or Ecclesiastical jurisdiction within these your Rea●●s of England and Ireland or any other your Highness Dou●●●ions and Countries, and to vis; it, reform, redress, order, correct, and amend all such errors, heresies, schisms, abirses, offences, contempts, and enormities whatsoever which by any manner of Spiritual or Ecclesiastical power Authority or jurisdiction can or may lawfully be reform, 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 or persons so to be named, assigned, authorised and appointed by your Highness, your Heirs or Successors, after the said Letters Patents to him or them made and delivered, as is aforesaid, shall have full power and authority by virtue of this Act and of the said Letters Patents under your Highness, your Heirs and Successors, to exercise, use and execute all the premises; according to the Tenor and effect of the said Letters Patents; any matter or cause to the contrary in any wise notwithstanding.  
Here it is most evident that the Queen had the only sole power to nominate, and appoint by her Commission under the great Seal of England, both lay-men as well as Bishops to exercise Ecclesiastical Jurisdiction when and as often as she pleased, and it is most evident it was not to be done at all without such Commissions.  
But besides this Law it was the practice both in the times of Edward the sixth, Queen Elizabeth and King James; That all the Bishops, and the Spiritual Courts whatsoever were held by such Commissions and to satisfy the Reader I have here inserted a Copy of one of them taken out of the Rolls, Verbatim, viz.  
Elizabeth by the Grace of God, 
Rot. 9 Pars. 10. Eliz.  etc. To the Reverend Father in God Matthew Parker nominated Bishop of Canterbury, and Edmond Grindale nominated Bishop of London, And to our right Trusty and well beloved Councillor Francis Knowls our Vice-chamberlain, and Ambrose Cave Knight. And to our Trusty and well beloved Anthony Cook and Thomas Smiths Knights, William Bill our Almoner, Walter Haddome and Thomas Sackford Masters of our Requests, Rowland Hill and William Chester Knights, Randoll Cholmely and John Southcote Sergeants at the Law, William May Doctor of Law, Francis Cave, Richard Goodrick and Gilbert Gerrard Esquires, Robert Weston and _____ Hunck Doctors of Law, Greeting.  
Where as our Parliament holden at Westminster the Five and Twentieth Day of January, and there continued and kept until the _____ Day of May then next following; Amongst other things, there was Two Acts and Statutes made and Established; the one Entitled, An Act for the Uniformity of the Common-Prayer and Service in the Church, and Administration of the Sacraments: And the other Entitled, An Act, Restoring to the Crown the Ancient Jurisdiction of the State-Ecclesiastical and Spiritual, and Abolishing all Foreign Power repugnant to the same. As by the same several Acts more at large doth appear: And whereas divers Seditious and Slanderous Persons do not cease daily to invent and set forth false Rumours, Tales, and Seditious Slanders, not only against us and the said good Laws and Statutes, but also have set forth divers Seditious Books within this our Realm of England, meaning thereby to move and procure Strife, Division, Dissension amongst our Loving and Obedient Subjects, much to the Disquieting of us and our People. Wherefore we earnestly minding to have the same Acts before mentioned, to be duly put in Execution; and such Persons as shall hereafter Offend in any thing contrary to the Tenor and Effect of the said several Statutes to be accordingly punished; and having Especial Trust and Confidence in your Wisdoms and Discretion, have Authorized, Assigned and Appointed you to be our Commissioners. And by these Presents, do give our full Power and Authority to you, or Six of you; whereof you the said Matthew Parker, Edmond Grendale, Thomas Smith, Walter Haddon, Thomas Sackford, Richard Godrick, and Gilbert Gerrard, to be one from time to time hereafter, dureing our pleasure, to Inquire as well by the Oaths of Twelve Good and Lawful Men; as also by Witnesses, and all other Lawful ways and means you can devise, for all Offences, Misdoers and Misdemeanours done and committed of them, and hereafter to be committed or done contrary to the Tenor and Effect of the said several Acts and Statutes, and either of them; and also of all and singular Heretical Opinions, Seditious Books, Contempts, Conspiracies, false Rumours, Tales, Seditious-Misbehaviours, Slanderous Words, or Shewing, published, invented, or set forth; or hereafter to be published, invented, or set forth by any Person or Persons, against us, or contrary, or against any of the Laws or Statutes of this our Realm, or against the quiet Governance and rule of our People and Subjects, in any County, City, Burrough, or other place or places within this our Realm of England, and of all and every the Coad jutors, Councillors, Comforters, Procurers and Abettors of any such Offender: And further, We do give Power and Authority to you or six of you, Whereof the said Mathow Parker, Edmond Grindale, Thomas Smith, Walter Haddon, Thomas Sackford, Richard Godrick, or Gilbert Gerrard, to be one from time to time hereafter during our pleasure, as well to hear and determine all the premises, as also to inquire, hear, and determine all and singular enormities, disturbance, and misbehaviours done and committed or hereafter to be done and committed in any Church or Chappel or against any Divine service, or the Minister or Ministers of the same, contrary to the Laws and Statutes of this Realm, and also to inquire oft search out and to order correct and reform all such persons as hereafter shall or will obstinately absent themselves from Church, and such Divine Service as by the Laws and Statutes of this Realm, is appointed to be had and used. And also we do give and grant full power, and Authority to you or six of you whereof you the said Matthew Parker, Edmond Grindale, Thomas Smith, Walter Haddon, Thomas Sackford, Richard Godrick, or Gilbert Gerrard, to be one from time to time and at all times during our pleasure, to visit, reform, redress, order, correct, and amend in all places within this our Realm of England, all such Errors, Heresies, Schisms, Abuses, Offences, Contempts, and Enormities Spiritual and Ecclesiastical wheresoever, which by any Spiritual or Ecclesiastical Power, Authority, or Jurisdiction can or may be lawfully reform, 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 our Realm; and according to the Authority and power limited, given and Appointed by any Laws or Statutes of this Realm. And also that you and six of you whereof the said Matthew Parker, Edmond Grindale, Thomas Smith, Walter Haddon, Thomas Sackford, Richard Godrick, or Gilbert Gerrard to be one, shall likewise have full power and Authority from time to time to inquire oft and search out all Mercilesimen quarrels, Vagrant, and suspected persons within our City of London, and ten Miles Compass about the same City, and of all assaults, and affrays done and committed within the same City, and the compass aforesaid. And also we give full power and Authority unto you and six of you as before sumerly to hear, and finally determine according to your discretions and by the Laws of this Realm all Causes and Complaints of all them which in respect of Religion or for lawfully Matrimony contracted and allowed by the same where injuriously deprived defrauded or spoiled of their Lands, Goods, Possessions, Rights, Dignities, Live, Offices Spiritual or Temporal; and them so deprived as before, to restore unto their said livings, and to put them into possession amoveing the Usurpers in convenient speed, as it shall seem to your discretions good by your Letters, Message, or otherwise all frustratory appellations clearly rejected. And further we do give Power and Authority unto you, and six of you whereof you the said Matthew Parker, Edmond Grindale, Thomas Smith, Walter Hadden, Thomas Sackford, Richard Godrick, or Gilbert Gerrard to be one by virtue hereof full Power and Authority, not only to hear and determine the same and all other Offences and matters before mentioned and rehearsed, but also all other Notorious and manifest advoutry and Fornications, and Ecclesiastical crimes and offences within this our Realm according to your Wisdoms, Consciences and Discretions willing and commanding you or six of you, whereof you the said Matthew Parker, Edmond Grindale, Thomas Smith, Walter Haddon, Thomas Sackford, Richard Godrick, or Gilbert Gerrard to be one from time to time hereafter to use and devise all such politic ways, and means for the Trial and Searching out of all the premises as by you or six of you as aforesaid shall be thought most expedient necessary, and upon due proof had, and the Offence or Offences before specified or any of them sufficiently proved against any person or persons, as by you or six of you, by confession of the party or by lawful Witnesses or by any other due means before you or six of you whereof the said Matthew Parker, Edmond Grindale, Thomas Smith, Walter Haddon, Thomas Sackford, Richard Godrick, or Gilbert Gerrard to be one, that then you or six of you as aforesaid, shall have full power and Authority to award such Punishment to every Offender by fine Imprisonment or otherwise by all or any of the ways aforesaid, and to take such order for the redress of the same as to your Wisdoms and Discretions or six of you, whereof the said Matthew Parker, Edmond Grindale, Thomas Smith, Walter Haddon, Thomas Sackford, Richard Godrick, or Gilbert Gerrard to be one to call before you or six of you, as aforesaid from time to time, all and every Offender or Offenders, and such as by you and six of you as aforesaid shall seem to be suspected persons in any of the premises, and also, All such Witnesses as you or six of you, as aforesaid shall think fit to be called before you or six of you as aforesaid, and them and every of them to examine upon their Corporal Oaths, for the better Trial and opening of the premises or any part thereof. And if you or six of you as aforesaid shall find any person or persons obstinate or disobedient, either in their apparel before you or six of you as aforesaid, at your calling and Commandment or else not accomplishing or not obeying your Orders, Decrees, and Commandments, in any thing touching the premises or any part thereof, that then you or six of you as aforesaid shall have full Power and Authority to commit the same person or persons so offending, toward there to remain until he or they shall be by you or six of you as aforesaid enlarged and delivered. And further we do give you and six of you whereof the said Matthew Parker, Edmond Grindale, Thomas Smith, Walter Haddon, Thomas Sackford, Richard Godrick, or Gilbert Gerrard to be one full Power and Authority, by these presents to take and receive by your Discretions of every Offender, or suspected person to be convented and brought before you a Recognizance or Recognizances Obligation or Obligations to our use in such sum or sums of Money as to you or six of you as aforesaid shall seem Convenient, as well for their personal appearance, before you or six of you as aforesaid, as also for the performance and accomplishment of your Orders and Decrees, in case you or six of you as aforesaid shall see it so convenient. And further our will and pleasure is, that you shall appoint Our Trusty and well beloved John Skinner to be your Register of all your Acts, Decrees, and Preceeding by virtue of this Commission, and in his default one other sufficient person, and that you or six of you as aforesaid, shall give such Allowance to the said Register for his pains, and his Clerks to be levied of the fines, and other profits that shall arise by force of this Commission; and your devices in the premises as to your Discretions shall be thought meet. And further our will and pleasure is, that you or six of you as aforesaid shall name and appoint one other sufficient person to gather up, and receive all such sums of Money as shall be assessed, and Taxed by you or six of you as aforesaid, for any fine or fines upon any person or persons for their Offenees. And that you or six of you as aforesaid, by Bill or Bills signed with your hands, shall and may assign and appoint as well as to the said person for his pains in receiving the said sums. As also to your Messengers and Attendants upon you for their trouble pains and charges to be sustained for us about the premises or any part thereof such sums of Money for their rewards as by you or six of you as aforesaid shall be thought expedient, willing and commanding you or six of you as aforesaid, after the time of this our Commission expired to certify unto our Courts of Exchequer, as well the name of the said Receiver as also a Note of such fines as shall be set or taxed before you, to the intent that upon the determination of Account of the said Receiver we shall be answered of that to us shall justly appertain, Willing and Commanding also our Auditors, and other Officers upon the sight of the said Bills, signed with the hands of you or six of you as aforesaid, to make unto the said Receiver due allowances according to the said Bills upon his account. Wherefore we will and Command you our Commissioners with Diligence to Execute the premises with effect any of our Laws, Statutes, Proclamations or other grants privileges or Ordinances, which be or may seem to be contrary to the premises notwithstanding. And more, we will and command all and singular Justices of peace, Majors, Sheriffs, Bailiffs, Constables, and other our Officers, Ministers, and faithful Subjects to be aiding helping and assisting you, and at Commandment in the Due Execution hereof as they tender our pleasure, and will Answer the contrary at their utmost perils. And we will and grant these our Letters, Patents, shall be a sufficient Warrant and discharge for you, and every of you against us our Heirs and Successors, and all and every other person or persons whatsoever they be of and for or concerning the premises, or any parcel thereof, of or for the Execution of this our Commission or any part thereof Witness the Queen at  
Westminster the Nineteenth day of July, Anno Regni Regine Elizabethe Primo. Per ipsam Reginam.  
Thus by what hath been said, you see both by Statute, Law and Precedent, of the very Commission themselves which the Bishops Acted by, it is clear they ought not to Act or Hold any Courts whatsoever in their own Names, nor in the Kings, without his Special Commission under the great Seal of England. And altho' there was a Statute made in the First of Queen Mary, Entitled, An Act for Repeal of certain Statutes made in the time of King Edward the Sixth; 
vid. 1 Jac. Cap. 25.  yet by the First of King James, Cap. 25. that Statute of Repeal is Repealed, so that cannot stand our Spiritual Persons in no stead at all, tho' my Lord Cook did insist upon it in his 2d. Institutions.  
But to proceed, In the 8th Year of Queen Elizabeth, you will find the very same thing asserted by the Act made, 
8 Eliz. Cap. 1  8 Eliz. Cap. 1. Entitled, An Act declaring the making and Consecrating of the Archbishops and Bishops of this Realm, to be good, Lawful and Perfect. In which Act, Sect. 2. it is Declared thus, VIZ.  Sect. 2 First, It is very well known to all degrees of this Realm, that the late King of most famous Memory, King Henry the Eighth, as well by all the Clergy then of this Realm in their several Convocations; as also by the Lords Spiritual and Temporal, and Commons assembled in divers of his Parliaments, was justly and rightly recognized and knowledged to have the supreme Power, jurisdiction, Order, Rule and Authority over all the Estate Ecclesiastical of the same, and the same Power, jurisdiction and Authority did use accordingly: And that also the said late King in the 25th Year of his Reign, did by Authority of Parliament amongst other things, set forth a certain Order of the manner and form how Arch-Bishops and Bishops within this Realm, and other his Dominions, should be Elected and made, as by the same more plainly appeareth: And that also the late King of worthy Memory, King Edward the Sixth, did Lawfully succeed the said late King Henry his Father in the Imperial Crown of this Realm, and did justly possess and enjoy all the same Power, jurisdiction and Authority before mentioned, as a thing to him descended with the same Imperial Crown, and so used the same during his Life. And also that the said late King Edward the Sixth in his time, by Authority of Parliament, caused a Godly and Virtuous Book, Entitled, The Book of Common Prayer, and Administration of Sacraments, and other Rites and Ceremonies in the Church of England; to be made and set forth, not only for one uniform Order of Service, Common-Prayer, and the Administration of Sacraments, to be used within this Realm, and other his Dominions; but also did add and put to the same Book a very good and Godly Order of the manner and form how Arch-Bishops, Bishops, Priests, Deacons and Ministers, should from time to time be Consecrated, made and ordered within this Realm and other his Dominions, as by the same more plainly will and may appear. And although in the time of the late Queen Mary, as well the said Act and Statute made in the 25th Year of the Reign of the said late King Henry the Eighth, as also the several Acts and Statutes made in the Second, Third, Fourth, Fifth, and Sixth Years of the Reign of the said late King Edward, for the Authorising and Allowing of the said Book of Common-Prayer, and other the premises, amongst divers other Acts and Statutes touching the said Supreme Authority, were Repealed: yet nevertheless, at the Parliament holden at Westminster, in the first Year of the Reign of our Sovereign Lady the Queen's Majesty that now is by one other Act and Statute there made, all such jurisdictions, Privileges, Superiorities and Preeminences Spiritual and Ecclesiastical, as by any Spiritual or Ecclesiastical Power and Authority hath heretofore been, or may Lawfully be used over the Ecclesiastical State of this Realm, and the Order, Reformation, and Correction of the same, is fully and absolutely by the Authority of the same Parliament, united and annexed to the Imperial Crown of this Realm: And by the same Act and Statute, there is also given to the Queen's Highness, her Heirs and Successors, Kings and Queens of this Realm, full power and authority by Letters Patents under the great Seal of England, from time to time to assign, name and authorise such Person or Persons as she or they shall think meet and convenient to exercise, use, occupy and execute under her Highness all manner of jurisdictions, Privileges, Preeminencies and Authorities in any wise touching or concerning any Spiritual or Ecclesiastical Power or jurisdiction within this Realm, or any other Her Highness Dominions and Countries. 
Here again you see that the very Commissions are again Confirmed, and all Ecclesiastical Power absolutely in the Queen to make and Appoint by her Commission whom She please to exercise Spiritual Jurisdiction, and no Man ever pretended this Statute to be touched.  
This being the Case to the end of Queen Elizabeth's Reign, we must see what was done in King James time, and so to this Day.  
In King James time the Bishops and Ecclesiastical Courts were holden as in Queen Eliz. time, as is most apparent; for meeting with an Objection, that the Bishops held Courts in their own names time out of mind, notwithstanding the Statutes, and that the long custom would excuse them therein, especially when the King did permit it. I took an occasion to inform myself from the Journals and Records, and do find that the Ecclesiastical Power was held and used in the time of King James, under him by Virtue of Commission, as before, and to put it out of all doubt, I shall demonstrate it thus: 
Vide Journ. ho. Lords. 7 Jac. & 10. 1610.  7 Jacobi, A Dispute arose about the Spiritual Courts of their Extortion and going beyond their Commissions; the Commons in Parliament complained to the King against the Ecclesiastical Courts, and pray that no more such power may be given them by Commissions, And a Question arose in the 10th of Jacobi, whether they had any power at all; in full Parliament it was Resolved, and the King gave his Answer, and the Judgement of the House of Peers, That they had no Power but by the King's Commission, which he would take care for the time to come that it should not be any Burden to the People. Which Answer and Judgement in Parliament you have here in hec Verba set down, VIZ.  
Die Lunae, Viz. 23 die July, 1610. Post Meridiem.  
His Majesties Answer delivered to the whole Assembly of both Houses, the 23d of July, 1610. unto certain Grievances formerly delivered to His Majesty by the Knights, Citizens and Burgesses of the Commons House of Parliament, touching the inconvenient and dangerous extent of the Statute of 1 Eliz. Chap. 1. Our Approved care for the well Ordering of Ecclesiastical-Courts and Causes, aught to banish from the conceits of our loving Subjects all needless and imaginary fears: Nevertheless we are pleased to assure them by Our Royal Promise, That our Ecclesiastical Commissions shall not be Directed to singular Persons, but to such a number of Commissioners, and them so elected as the weight of such Causes doth require: And that no Definitive Sentence be given or pronounced by such our Commissioners, under the number of Seven of them, sitting in Court, or Five at the least, and that in only case of Necessity. And further, That we shall not take Advantage by any power given us by that Statute, to grant forth any forms of Commission exceeding further than to Imprisonment and Reasonable Fine. And likewise, That We shall restrain such our General Commissions to the number of Two, the one for this Province of Canterbury, the other for that of York; Besides we are Resolved to Establish such an Order touching the use and practice of Our said Commission, as that none of our Loving Subjects shall be drawn from remote places, either to London or York, except it shall be for such exorbitant offences as are fit to be made exemplary; And for the enumeration of Ecclesiastical Causes in particular, as it is a matter full of Difficulty, so it is needful (as we suppose,) considering that they are already limited and confined as no Ancient Canon or Spiritual Laws are in force, that are either contrary to the Laws, Statutes, or Customs of this Realm, or tend to the Damage or Hurt of our Prerogative Royal.  
For the Grievances apprehended in the Commission, First a Sovereign King being Mixta Persona, and having Authority as well in Causes Ecclesiastical as Temporal, it was with great Wisdom ordained (Matters of the Church being many ways impugned, and the Censures of it grown into contempt) That there should be a Commission consisting as well of Temporal as Ecclesiastical Persons, who might have power for one Offence at one time and by one sentence to inflict as there should be cause, both Spiritual and Temporal punishment, but as to the Inquiry by Juries, it hath not for many Years been practised. And we are content, that hereafter it be omitted in our Commission; And concerning Appeals, the use hath always been to exclude them in Commissions of this nature; And yet if any of our Subjects shall be justly grieved with any Sentence given by our Commissioners, we shall be content, as we find just cause, to grant unto them a Commission of Review: Also for the Execution of divers Statutes, aimed at in your Grievances, although it hath been from time to time committed in some sort unto our Commissioners. And that every such Commission hath been still penned by the Attorney-General, with the Advice of the chief Temporal Judges; yet we are well pleased, and will give commandment accordingly, that our Temporal and Ecclesiastical Judges, assisted with our Learned Council, shall confer together concerning the Exceptions by you taken, to the end that hereafter our said Commissioners may have no further power to intermeddle with the Execution of any part of the said Statutes, than it shall be found fit for our Service, necessary for the suppressing of Popery and Schism, and no ways repugnant to the Laws and Policies of this our Realm: But for making any Innovations in the forms and proceed heretofore used by our said Commissioners, we know no cause to departed therein from the Examples of our Progenitors, nor from that which the Laws of this our Kingdom hath Approved. And touching Fees, since it is a Court by Statute erected and no Fees in the Statute expressed, it was very fit, That the Commissioners should have Authority to limit and Appoint to every Officer his Reasonable Fees: And we will commend the further care thereof to some Principal person of our Commissioner, to take a view of them, and as to reform what they find amiss, so to Establish such as shall be Moderate and Reasonable, touching the Grievances found in the Execution of the Commission. We know that there is no Commission nor Court either of Ecclesiastical or Temporal Jurisdiction, but may be subject more or less to Abuse in the execution of their Authority. Nevertheless, it is Our part to have our Ear open to receive Complaints of that kind especially from our Parliament, when we shall find them to be just: And therefore our purpose is to see such Reformation made of all Abuses made in the execution of the said Commission, as may best procure the ease of Our Subject, from charge of Vexation; And such punishment to be inflicted upon any Pursivants or other inferior Ministers which shall be Offenders, as may repress such Misdemeanours in time to come.  
Sure if this Record be considered, there is ground enough to justify that the Spiritual Courts cannot be holden but by the King's Commission; Therefore I need say no more, the Case being plain the Law was so to this Year of 1610. which I set down the rather because a use will be made of it by and by.  
But in King Charles the First's time, the Bishops cast about them how to get rid of these Shackles; And therefore in Bishop Laud's time, the point about Holding Courts in their own Names, without the King's Commission, was by him stated, and in the Star-Chamber where he ruled the Rost got the Judges there, tho' it was but an extra Judicial Judgement to declare in their favour, which was easy enough to be done when both the Judges and His Grace were resolved upon the point, for those very Judges most of them were the same that gave their Judgement about the Shipp-Money; And we know what became of that Judgement and them: And for your Prelate he met with his due at Tower-Hill after, but before his Lordship had finished his Ministry, so prevalent he was, that I am told he got a Proclamation to publish the Extra judicial Opinion, which made a great noise in the World, for Noise and Decency was all along the Cheat that was put upon the People in those Days by that Prelate and his Gang.  
But I think no Man will say that that Extra Judicial Opinion is either equal with the Statute Law, or with the Judgement of Parliament, therefore I shall say no more, but proceed.  
After that Extra Judical Opinion of the Judges, and by means of the long Intervals of Parliament, the Spiritual Courts as well as the Star-Chamber, were Lords Paramont, and so great, that they became a most Heavy Burden to the people of all sorts; therefore before the Troubles began, the Parliament in 16 Car. primi, made an Act to take away the Power that was given by the Statute of 1 Eliz. for the Granting any Commissions at all; by which means they well knew that no Courts could be held at all; And therefore an Act passed to Repeal that Branch of the Statute of 1 Eliz. which was only one Clause about the granting Commissions, as by the Act of Car. primi, appears, and all Spiritual Courts were utterly Abolished by that Act, The Title of the Act runs thus, VIZ.  
A Repeal of the Brauch of a Statute, primo Elizabethe, concerning Commissions for Causes Ecclesiastical.  
Whereas in the Parliament holden in the first Year of the Reign of the late Queen Elizabeth, 
16 Car. c. 11.  late Queen of England, there was an Act made and Established, Entitled, An Act Restoring to the Crown the Ancient Jurisdiction over the State Ecclesiastical and Spiritual, and Abolishing all Foreign Power Repugnant to the same. In which Act amongst other things there is contained one Clause, Branch, Article or Sentence, whereby it was Enacted to this effect, Namely, That the said late Queen's Highness, her Heirs and Successors, Kings or Queens of this Realm, should have full Power and Authority by virtue of that Act, by Letters Patents under the Great Seal of England, to Assign, Name and Authorise, when and as often as her Highness, her Heirs or Successors, should think meet and Convenient: and for such, and so long time as should please her Highness, her Heirs or Successors, such Person or Persons being Natural Born Subjects to her Highness, her Heirs or Successors, as her Majesty, her Heirs or Successors should think meet to exercise, use, occupy and execute under her Highness, her Heirs and Successors, all manner of jurisdictions, Privileges, Preeminencies, in any wise touching or concerning any Spiritual or Ecclesiastical jurisdiction within these her Realms of England or Ireland, or any other her Highness Dominions and Countries, and to visit, reform, redress, order, correct and amend all such Errors, Heresies, Schisms, Abuses, Offences, Contempts, and Enormities whatsoever, which by any manner Spiritual or Ecclesiastical Power, Authority or jurisdiction, can or may Lawfully be Reform, 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 or Persons so to be Named, Assigned, Authorized and appointed by her Highness, her Heirs or Successors, after the said Letters Patents to him or them made and delivered as aforesaid, should have full Power and Authority by Virtue of that Act, and of the said Letters Patents under her Highness, her Heirs or Successors, to exercise, use and Execute all the Premises, accordidg to the Tenor and Effect of the said Letters Patents, any matter or cause to the contrary in any wise notwithstanding.  
And whereas by colour of some Words in the aforesaid Branch of the said Act, whereby Commissioners are Authorized to Execute their Commission, according to the Tenor and effect of the King's Letters Patents grounded thereupon, the said Commissioners have to the great and in-Sufferable Wrong and Oppression of the King's Subjects used to Fine and Imprison them, and to exercise other Authority not belonging to Ecclesiastical jurisdiction restored by that Act, and divers other great Mischiefs and Inconveniencies have also ensued to the King's Subjects, by reason of the said Branch and Commissions issued thereupon, and the Executions thereof: Therefore for the Repressing and Preventing of the aforesaid Abuses, Mischiefs, and inconveniencies in time to come.  
Be it Enacted by the Kings Most Excellent Majesty, and the Lords and Commons in this present Parliament Assembled, and by Authority of the same. That the aforesaid Branch, Clause, Article or Sentence contained in the said Act, and every word, matter and thing Contained in that Branch, Clause, Article or Sentence, shall from henceforth be Repealed, Annulled, Revoked, Annihilated and utterly made void for Edect; any thing in the said Act to the contrary in any wise notwithstanding.  
And be it also Enacted by the Authority aforesaid, That no Archbishop, Bishop or Vicar-General, nor any Chancellor Official, or Commissary of any Archbishop, Bishop, a Vicar General nor any Ordinary whatsoever, nor any other Spiritual or Ecclesiastical judge, Officer, or Minister of justice, nor any other Person or Persons whatsoever, exercising Spiritual or Ecclesiastical Power, Authority, or jurisdiction, by any Grant, Licence, or Commission of the King's Majesty, his Heirs and Successors, or by any Power or Authority derived from the King, his Heirs or Successors, or otherwise, shall from and after the first Day of August, which shall be in the Year of our Lord God One Thousand Six Hundred Forty and One, award, impose, or inflict any pain, penalty, fine, amerciament, imprisonment, or other Corporal Punishment upon any of the King's Subjects, for any Contempt, Misdemeanour, Crime, Offence, matter or thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or jurisdiction, or shall Ex Officio, or at the Instance or Promotion of any Person whatsoever Urge, enforce, tender, give or Minister unto any Churchwarden, Sideman, or other Person whatsoever, any corporal Oath whereby he or she shall or may be Charged or Obliged to make any presentment of any Crime or Offence, or to confess or accuse himself or herself of any Crime, Offence, Delinquency or Misdemeanour, or any neglect, matter or thing whereby or by reason whereof he or she, shall or may be siable, or exposed to any censure, pain, penalty, or Punishment whatsoever: upon pain and penaity that every person, who shall offend contrary to this Statute, shall forfeit and pay triple Damages to every Person thereby grieved, and the Sum of One Hundred pounds, to him or them who shall first Demand and Sue for the same: Which said Triple Damages and Sum of One Hundred Pounds, shall and may be Demanded and Recovered by Action of Debt, Bill, or Plaint in any Court of Record, wherein no Privilege, Essoin, Protection, or Wager of Law shall be admitted or allowed to the Defendant.  
And be it further Enacted, That every Person who shall be once Convicted of any Act, or Offence Prohibited by this Statute, shall for such Act or Offence be from and after such Conviction, utterly dissabled to be or continue in any Office or Employment in any Courts of justice whatsoever, or to exercise or execute any Power, Authority or jurisdiction, by force of any Commission or Letters Patents of the King his Heirs or Successors.  
And be it further Enacted, That from and after the first Day of August, no New Court shall be Erected, Ordained, or Appointed within this Realm of England, or Dominion of Wales which shall or may have the like Power, 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 or Successors. And all Power and Authority granted or pretended, or mentioned to be granted thereby and all Acts, Sentences and Decrees to be made by Virtue or Culler thereof, shall be utterly void and of no effect.  
After the making of this Act all Jurisdiction of the Spiritual Courts, was wholly deigned as appears plainly by the Statute. Thus it stood still, 13 Car. 2d. Now in this Act of Car Primi, it must be observed that it meddles no farther with the Act of Eliz. then that one branch about Commissions, it meddles not with the Ecclesiastical power being in the Crown nor with the Statute, 8 Eliz. Nor any thing of Edward 6. or Henry 8. which must be observed.  
Thus than their power was wholly discontinued till the thirteenth of Charles 2d. And then coming into their Bishoprics and great Estates, they thought it hard that they must have their Spiritual Swords tied, therefore all hands to work to get lose, and so an Act is passed the 13 Charles 2d. For Repeal of part of the Act Car Primi. And now they thought all was sure, but as it fell out this will do them no good at all neither, for the Act which was intended to Repeal this Act of the 16 of Charles the first hath misrecited it, and called it an Act made the 17 of Charles the first, not only in the Title but all along in the body of the Act, which is plain upon the Roll, though not in the Statute Books, viz.  
An Act for Explanation of a Clause, contained in an Act of Parliament, made in the seventeenth year of the late King Charles, Entitled an Act of Repeal of a Branch of a Statute Primo Elizabethe, concerning Commissions for Causes Ecclesiastical, viz.  
Whereas in an Act of Parliament made in the seaventeenth year of the late King Charles, Entitled an Act for Repeal of a branch of Primo Elizabethe concerning Commissioners for Causes Ecclesiastical it is (amongst other things) enacted: That no Archbishop, Bishop, or Vicar General nor any Ordinary whatsoever, nor any other Spiritual or Ecclesiastical judge, Officer or Minister of justice, nor any other person or persons whatsoever exercising Spiritual or Ecclesiastical Power, Authority or jurisdiction by any Grant Licence or Commission of the King's Majesty, his Heirs or Successors, or by any Power or Authority derived from the King his Heirs or Successors, or otherwise shall (from and after the first day of August, which then should be in the year of our Lord God one thousand six hundred forty one) Award, Impose, or juflict, any Pain, Penalty, Fine, Amerciament, Imprisonment or other Corporal punishment upon any of the King's Subjects, for any contempt, misdemeanour, crime, offence, matter or thing whatsoever belonging to Spiritual or Ecclesiastical Cognizance or jurisdiction without some doubt hath been made, that all Ordinary power of coercion and proceed in causes Ecclesiastical were taken away, whereby the Ordinary course of justice in causes Ecclesiastical hath been obstructed.  
Be it therefore Declared and Enacted by the Kings Most Excellent Majesty, by and with the advice and consent of the Lords and Commons in this present Parliament assembled, and by the Authority thereof that neither the said Act, nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Archbishops, Bishops or any other person or persons named as aforesaid, but that they and every of them exercising Ecclesiastical jurisdiction, may proceed, determine, sentence, execute, and exercise all manner of Ecclesiastical jurisdiction, and all censures and coertions appertaining 〈◊〉 belonging to the same before the making of the Act before recited, in all causes and matters belonging to Ecclesiastical jurisdiction, according to the King's Majesties Ecclesiastical Laws used and practised within this Realm, in as ample manner and form as they did and might lawfully have done before the making of the said Act.  
And be it further Enacted by the Authority aforesaid that the aforesaid recited Act of Decimo Septimo Caroli, and all the matters and clauses therein contained (excepting what concerns the High Commission Court, or the new Errection) shall be and is hereby Repealed, to all intent and purposes whatsoever; any thing clause or sentence in the said Act contained to the contrary notwithstanding.  
Provided always, and it is hereby Enacted, 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 Year of the Reign of the said late Queen Elizabeth, mentioned in the said Act of Parliament, made in the said 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 Queen Elizabeth, shall stand and be Repealed in such sort as if this Act had never been made.  
Provided also, and it is hereby further Enacted, That it shall not be Lawful for any Archbishop, Bishop, Vicar-General, Chancellor, Commissary, or any other Spiritual or Ecclesiastical judge, Officer or Minister, or any other person, having or exercising Spiritual or Ecclesiastical jurisdiction, to Tender or Administer to any person whatsoever, the Oath, usually called the Oath Ex Officio, or any other Oath, whereby such person to whom the same is tendered or Administered, may be charged or compelled to confess, or accuse, or to purge him or herself of any criminal matter or thing, whereby he or she may be liable to Censure or Punishment: Any thing in this Statute, or any other Law, Custom or Usage heretofore to the Contrary hereof in any wise notwithstanding.  
Provided always, That this Act or any thing therein contained, shall not extend or be construed to extend to give unto any Archbishop, Bishop, or any other Spiritual or Ecclesiastical judge, Officer, or other person or persons aforesaid, any Power or Authority to Exercise, Execute, Inflict, or Determine any Ecclesiastical jurisdiction, Censure, or Coercion, which they might not by Law have done before the year of our Lord 1639, nor to abridge or diminish the King's Majesty's Supremacy in Ecclesiastical matters and affairs, nor to conform the Commons made in the year 1640, nor any of them, nor any other Ecclesiastical Laws or Cannons not formerly confirmed, allowed or enacted by Parliament, or by the Established Laws of the land as they stood in the year of our Lord, 1639.  
So that then it follows that except they can find such an Act as this Repeals, which must be one of the 17 of Charles the first, this will not help them for they will not find that this in Law can repeal the Act made the 16 of Charles the first. And what follows if they have acted all this while and had no legal power, let the world Judge what a fine thread they have spun for themselves, if either the King shall call them to account or any private man that hath been Excommunicated, but it will be objected that this may be remedied it being but a mistake to which I answer it may be mended, but it must be in Parliament.  
But than it is objected, That this Act of the 13th of this King intends them a power to hold Courts.  
The Answer is plain, very true it doth so, but it must be according to the King's Majesties Ecclesiastical Laws still, and it must be from and under him, as by Law, and sure the Statutes before is the Law they must walk by, until the same are truly and exactly Repealed.  
But for a further Answer, If they observe this Statute well, and allow it to be a mistake, as I affirm it is, they are not at all the better for this of Car. 2d. as to their Ecclesiastical power they now Act by, if there were no mistake at all for this of Car. 2d. does not help them in the least, for in the last Paragraph of this Statute of the 13th of this King, it is expressly said, They shall have no more power than they had in the Year 1639.  
Then see what they had in 1639, it is most plain all the rest of the Statutes were then in force against them both of Henry the 8th. and Edw. 6th. Q. Eliz. and King James Laws.  
For this very Sentence and Judgement in Parliament before recited, was but in 1610. And I do aver they had no other power then but what those Laws gave them; thus I have done with matter of Fact, as it lies, I leave all Men to judge, and govern themselves as they shall see occasion, and would be glad my Error might be corrected by them, if in any thing I have misquoted or misrepresented the Case, hoping that a more judicious person will undertake to correct it in what way or Method he likes best.  
There are Two or Three several Objections which I have met with in this Affair, the First is this, That the King permits it, and if any wrong be done by the Spiritual Courts, it is to him, and what hath any private person to do to concern himself therein.  
In that the King may pass it by, 'tis true, but wrong may be done by these Courts to the Subject as well as to the King; and there may be Damage to a single Person by these Courts by being Excommunicated, which cannot be to the King, and whoever suffers under that Burden hath cause enough to complain and seek their Remedy, tho' the King think fit to forgive the wrong done to himself.  
The other Objection, is, That the Course of the Ecclesiastical Courts hath been such time out of mind, and no hurt comes to the Subject by their Courts, whether it be done by Commission or not.  
To which I Answer, That I never yet heard of any Good ever did come from those Courts, but many have been ruined and undone by them; And in the next place for their Custom time out of mind, there is no such thing, if Custom should prevail against Law, which it cannot be, for the longest time they can bring for this Custom is but 1610 at the furthest time; and there are some persons yet living, can remember that time. But I believe it will be hard for them to prove that they exercised Ecclesiastical Power by their own Authority in any time in the Reign of King James; However if they do they cannot make it a Law, for an evil Custom against Law never yet made a Law, and for them to say Custom will carry it, the Highwayman may as well plead the same for Robbery, and say, Oh Sir, I have been accustomed to Rob, tho' there be a Law against it.  
There is another Objection which carries as little weight as the rest, and that is the Opinion of the Judges in the Star-Chamber, which ought to have the Answer that before is given, that it was an Extra-Judicial Opinion, and given at such a time, and by the same Judges that overruled the Plea of the Lord Hollis and eliot, which was many Years after reversed in Parliament.  
Therefore to Sum up all, the case lies thus, before the 20 of H. the 8. The Spiritual Jurisdiction and all the proceed in England by the Ecclesiastical Courts, was by from and under the power and authority of the See of Rome and by there Cannon Law afterwards to the end of his Reign all that power was invested wholly in the King, and no authority belonged to them in any matters whatever, but what must be derived by from and under him.  
King Edward the 6. of Famous memory did by his honest and wise Council, not only approve of what was dune in the Church affairs, in H. the 8ths. time, but goes on further and takes away the very form and mould of the Spiritual Courts, by making a Law that those Courts should not so much as beheld in their one name, but in the name of the King and all there Citations and Prosses whatever was to be in the King's name as in Judicial proceeding at Law, and the Bishop's name of the Diosess to be at the bottom, as test to the writ and not as Lord Paramount, the King's authority: and by this King's Law they were not to use any Seal to the Court, but with the King's Arms in Graven, so it rested in his time.  
Queen Marry she came in Popishly affected, and by the help of Cardinal Poole Legate from Rome, prevails with her for the good of her Soul and Honour to the unholy Church of Rome, to pass an Act, called an Act of repeal to take away all those Laws that abridged the Power and Supremacy of the See of Rome sense the 20 year of H. the 8. And as some will have it this Law of Edward the 6. must be meant to be one of those, but what reason can be in Law given is not yet known for it is not particularly Repealed as other Laws are in that Statute of Repeal and; then in the next place being not so particularly, it is believed it could not be Repealed by that Act of Repeal, because that in the very same Act it doth set fourth particularly. all other Acts intended to be repealed, and not that. Then Queen Elizabeth in her first year Repealed the Act of Repeal made in Queen Mary's days, and restores all again, as was in Henry the 8ths. time, and Edward the 6. And declared particularly that all manner of Ecclesiastical power must be from, and under her, and by her Authority and none else, and more particularly to show all the Church power, was then lost without new power given by that Act, a Clause, is inserted in the said Act that She and her Successors shall give command under the great Seal of England to such commmissions, as she pleased from time to time to hold Court Ecclesiastical and not otherwise.  
To the same effect it is again declared by the Statute made the 8th of her Reign. And it is most certain, that by Virtue of the Clause in that Statute Primo Eliz. That gives power of granting Commissions to hold Spiritual Courts they did Act, and without it neither Queen or King could grant such Commissions, nor they hold any Courts, without such Commissions.  
Thus than it continued all the time of Q. Eliz. and by such Commissions they acted and no other Authority was known, nor from her time can they show other Authority to empower them but on the contrary they will find themselves lessened.  
For in King Jame's time they acted by the same Authority, and in full Parliament, in 1610, it was owned of all hands.  
In King Charles the first's time the Spiritual Courts became a Burden to the Nation, so great that the people were not able to bear them although they did Act by such Commissions, or at least ought so to do which appears plain by the Statute, 16 Car Primi, which takes away all their whole power, and as a reason or means to take away their power; what do the Parliament do, why it is most clear both by the Title and Body of the Act, they tell you they must repeal that part of the Law of Q. Eliz. that gave power to grant Commissions for them to hold Spiritual Courts. Therefore the taking away and Repealing that Branch of the Statute of Eliz. that gives power to grant Commissions, it was taken for grant, then that they had no power at all. For no more of that Statute was Repealed is evident, than what related to the Comissions, they did not let them lose to Act as before it was so far from that, that it appears they intended not to let them Act at all, neither under the King in his Name nor any otherways whatever then in this of Car. 2d. The Ecclesiastical persons meant to Repeal the Act of Primo Car. But mistook the year, so in truth they did nothing at all but they may be liable to be called to account, for all they have acted ever since nor can they Act with safety, till this Law be mended for Acts of Parliament must be punctually repealed, and exactly recited or else in Law it will not do.  
But if that had been well Repealed it is far short of giving them any power, for it is only to take away the Clause, that was repealed about given Commissions to hold Courts but gives them no new power at all, it doth not tell them notwithstanding the Laws of H. 8. Ed. 6. The rest of the Statutes of Elizabeth, and the practice in King James time, that they shall hold Courts in their own Names, no, it is so far from that, that the Act saith expressly they shall have no other power by this Act, or was it intended them, than what they had in 1639, now if they can show that they had any power given them between the year 1610, to the year 1639. Then I say, they are right and may go on, if not, I appeal to all mankind what colour or pretence these men can have to hold Courts Spiritual at all, much less by their own Prerogative or in their own Names; which I take to be as unlawful, and as directly against the King's Prerogative as any thing can be, For that since all power Spiritual and Temporal is by Law invested in the King, they may as well hold Courts again under the Pope's Authority, and in his Name, as in their own Names, and it is a wonderful thing to consider that these Churchmen who cry down all for fanatics, and tells the World at every turn they are Sedious and Disloyal that do not obey the King's Laws and say as they say, although sometimes they say and do they know not what themselves. And yet what Fanatic is there this day in England, does or ever did make so bold with the King's Prerogative, as these high Churchmen, who in every of their Courts as they call them, and every process they make, say in effect as the great Cardinal Woolsey did, when in his splendour and glory in England, Ego & Rex meos. But I considering we are here discoursing of Protestant Churchmen, and knowing well their very Tongues are tipped with Loyalty. We must not therefore venture to say more or meddle further then to beg their Charitable opinion once to a Discenter both from their Courts, and Cannons.  
FINIS.