HISCLIRSE Concerning the fittltfiaflt’tal intimation Realm of England: ‘ Occafioned by the Late COMMISSION Ecclefiafiical Caufes; f' By Sir Robert dtégn: Kt. of the Honourable Order of the 34:12, and late One of the fudge: of the Court of Commonfl’lcm. - L 0 W 7) 0 W , Printed for Tim. goodwin at the Maiden»HeaIl a» gainfi SLDunflans Church in Flect-flreet, MDCLXXXIX. I (15.6 7 ) v‘\ 40 .l ._.", 4’2”}. , :2 ' a ' . v. ‘ ‘ . . . , . " .' ‘-l _ ‘ v . . , 4 .1, ’ , __ , V . .. ' . ' ' W ’1 ' -' ' i 4' '{_ 5 ,5. ‘. {-1. ~ V ‘ I," . ‘ . U .' z . . z 4 a . '4 . ~ , . 4 .. _ - . V l‘ 3 r . -_ ) ’ I ; gamma: intimation Realm Of; England : . ». Oceafifioned‘ by the Late COMMISSION. (fittltfiaat’tal V mics. , . HE Preamble acknowledges, That the King jul'tly 26.1% 8'. c. r“; and rightfully is, and ought to be, Supream Head of, the Church‘eof England , and is fo recognifed by the Clergy in their Convocations. And it is Ena&ed,That the King and his Succefl'ors {hall be taken, é‘c. the only Supream' Head in Earth of the Ghn'rc‘h of England. And (hall have and enjoy annexed to the Imperial Crown all Jurifdifiion,éc.Autho—- ritiesfl‘mo the faidDignity of Sapream Head of the fame Church belonging. And thatthe King and his Heirs andSucceflors,Kings of this Realm, [hall have full Power and Anthority from time to time to vifit, reprefs, recitals, reform, order, correé’t, refirain and amend all fuch Errors,i,Herefies, Abufes,0ffences.COntempts and Enormities whatfoever they be, which by any manner of Spiri- tual Authority or Jurifdiétion ought, or may, lawfully be reform,- ~ ' ' Cd,’ , Concerning. the. .. ‘ 0 g . : . ( "63 ) , ed, repreffed , ordered, red reflecl,é'é.Any Ufage,Cufiotn,foreign Laws, foreign Authority, Prefcription or any thing to the con- trary nOtwithflanding. - . Note, :ThisAa‘mthnOt mak the King to be the isnprean’i Head of » e (3th of, Balm}, but acknowledges, that be e. vet hath" n fi’filit isreeited by the Statute made in the fame Parliament of 26 H. 8. 423. the A& forIthe Firft-Fruit's. See the Preamble towards the latter-Part,- being the firfl Paragraph.) See alfo the Oath prelcribed by the Statute of 35 H8. at .1. for the Succeflioflfaragmph the! 135 in MnKecble’sEdition ofltjhe Statutes at large , very; Ml-to this pnrpol'e, to {him that the A& of 26 1-1.8. cap. I. gave the King no new Title, but only acknowledged, fSi; Ifi'ff‘ff'f that he ever had a Right to it, and that the Bilh0p of Rome had "’5‘" ’ {fix}; bat ufur ed it. ' £631.11 1 P y t 16 Ut‘ gas , gnnfl’jfazim’ And as the A& of‘26 H8. apt. ave theKing no new Titled?) nun/ac 13m;- it’ gavehtrn’ no hem-nor fijtther Aut j oxity in Spiritual and Ecclefi~ gr gig/Si“ 5: afliealthings, not over Spiritual and Ecclefiaflical- Ferrous, than Sigh/in. What he had before. ginally, but .1f- _ _ 33711;?“ Therefore it is to he «quir’d whmaalataiaa or Authority ' Cgum, a; the the‘King had before the making of that A&, and how the Ecclc- ~ £73“ $3:ng fiaflical urisdi&ion was ofright and duly before exercis’d and ad- God, wardfler minifir ‘ . viz. in what Courts, by what Rules, Laws or Canons, fer/ed in the and by what Ferrous. . ' great Bodies of the Sun and Moon. It is clear in Law, that the King himklf merely in his own Roy- Ml"??? £015“ al Perfon could never take to himfelf the Hearing of any Caufé friendlk} of Ecclefiafiical or Temporal, and ad judg and determine the Caufe :13; Court (if himfelf : For by the Law and Conl‘titution of the Realm,thc King 33%;: hath committed .11 his Power Judicial to divers * Courts, fome effect. in one Court, fame in another, asis held in Sir Ed.Coke: ad. In- , 3,,” ,Y 0"; flime: fbl. 186. at the lower end of that folio, andin the middle. gxiiiqfnjhp. of fold 87. All Matters of Judicature and Proceeditgs in Law 9"“1‘. “477'"- are diliributed—to the Courts of Jullice, and the King dorh jndg 31:37:29,, {in} by his Jullices. See the Reportrthat pafi by the Name of Sir Ed. madman" Cake, 1 ”53¢ng fol.6 3. the Cafe of Pmbibitz'omt Which is true 1,222?sz 2:; as to "‘ Ecclefiaflical Caufes as well as Temporal '5 for every Man National S}. knows , that there have been from the firfi ,Conl'htutron of the "If", "’56 :2: Kingdom certain Courts and Jm'ifdialoqs. Med Within this giffiffim Realm for decidirgand determining of Spiritual and Eccltfiafii- LawstcClW- cal Caulits. Sudan’s Hillary of Titbu, de-I-IZ. ' (er of K: W” liam (be rf’t.to Remigius {I‘M Allthisis excellently well fet forth b the Preamble of the Sta. Blfl‘opoflL'f‘" tatc ofa4 H.8.-ctp.12.cmeriling App“ . That as the Kin hath ' Mgkfld Tad- ever been the Supream Head of the Realm (which Word cad is mcwm f-167- by way Of Metapéor, and mull have relation to fame (Body) therefore C 69 ) therefore the Statute in the Preamble proceeds to‘ tell- you, what the Bodyis to which the Head relates, viz. The (Body Politick of the Realm eonfil’ts of all forts and degrees of People (within this Realm) divided by Names of Spiritmzlty and limporoltj. The Statute proceeds to mention the plenary Power, Authority and Jurifdié’tionthe King hath within this Realm in all canéSJC {hews . us how that Power is difiributed, and by whom to be exercifed. Not by the King in Perfon, nor at his Will and Pleafure in any arbitrary Way; bur as that Preamble further iul’trué’cs us, * The * 5i, “at“ Body Spiritual hath Powerin all Caules Divine and Spiritual to siRep. The determin and to adminifter all fuch Offices and Duties as to their killegggcgffia, rooms Spiritual doth ap pertains the like is declared as to Tempo- fiical Law, f. ral Caufes to be in the other, Part of the [aid Body Politick, call’d 40- the Temporalt}. And both their Aurhorities and Jurifdit‘l'ions do Concur in the due Adminil‘tration of Jufiice, the one to help the ' other. I ~ A The Preambleof this Stotof 24H.8.c. 12. oprpeals further mews, how that this Ecclefiaflical and Spiritual Jurifdié’tion, had been confirmed and defended by feve al antient Aéts of Parlia- ment againft the Ufurpations of the hifhop of Rowe; (and that a long before the Reformation of Religion.) Then comes the Enav' éfing Part, which does Ordain, That all Caufesdeterminableby; 5' any Spiritual Jurifdié’tion, whether theyconcern the Kinghim- . {elf (as the Cafe of the King’s Divorce) or any of theSubjC‘EZcf's‘ {hall be heard, examinedeifculTed,clearly, finally and definitive» 1y adjudggd’and‘dEtE‘frni‘naj“'Wtfifn the Kin Jurifdiétion and Authority, and not elléwhere infircl: *‘ Court: piritml and Tents 4: Not by ex. poral of the fame , as the nature of the Cafes {hall require. '3' traordinary Comméflions ‘ . atthc rl’t in‘ Thenthe fame Statute fhews us in what Courts, and by what fiance, but on- Steps and Method, Suits and Proceedings concerning Spiritual and gofiraimg’m Ec'clefialtical Matters ought to be handled, See Paragraph 5,6,7,8, “gammy,“ 9, to.lt begins with the Arch- Deacons Court, WthhlS ixfimi gm- Reporlts ([0116 do: , and proceeds gradually from the ArcboDeaoon to the Dioce— g; 1,363,”; fim, from him to the Metropolitan, and at lafi It mentlons ”the 4. Inn. 339. Convocation, as the Supreamefi. , . , 4 . ofAPPt-‘als- Note, That further Appeals have been given by «feveral Aéts of Parliament, as by 25 H.8.o.19. from the Arch-Bithp or Metropo- litan to the King in Cbom‘ety, which is by Commiffion ofDelegoter, é-c. And it hath been Refolved , That though the Aé’ts of24 [1.8. “12.12. and of 2 s H8.cap.19. do upon certain Appealr, make the Sentence definitive as to any further Appeal, yet the King (as 811-" preom Head) may grant a Commiflion of Review : See the Cafe of Hal/twellagainfi jerwit, Sir Franci: Moore! Reports, fol.462. and in the fame Reports, fol.782. in the Cafe of Bird againfl Smith, and in Sir EdmCoke: 4th.]n/Zituter, fil.341. ' ' T 0 And L9 This Statute was the ground for , ‘ . . C 7° J ._ - And as the Kings Ecclefiaftical PoWer and Jurifdiaion are by :tbe' Fundamental .sLaWs.of the Realm dil‘tributed into feverayl ' Courts , which are mentioned and confirmed by the faid feyeral Afis’of Parliament, and may not therefore be exercifed by any other,bUt by fuch Courts ,' and in fuch Method and Manner as by Law,and the faid Afis of'Parliament it is prOVided : So alfo thofe Courts cannot proceed" Arbitrarily, but by the, known and fetled Edelefiaftical Laws, Confiitutions and Canons that are in force. 'By the A3: of I. Elia. tapsl. Entituled, A» At? fir reflorz'izgto the Crown the Antient ~jurifc‘iz‘aitm over the Eflate Eccleflaflic‘al 432d Sp iritual,8d that Aft of Parliamnt , ought 3to proceed according to Ecclefi- aftical Law. Secondly, If their Commiflion gave them any Pow- er , which was nOt allowed or warranted by that A8: of Par— liament, it was nor Legal (whith proves that fuch Power cannoc be exercis’d by a Commiflion under the Great Seal merely, without an Aft Of Parliament) See Drake: Cafe in Jufhce Croke’s Reports of the timeof King Charles, fol. 220. There it is alfo Refolv'd, That the King byhis Commiflior'lers 7 . cannot alter. the Ecclefiaftical Law ,, nor fife Promdi’fifl‘ of $9 ~ it. . And if the Word (Lowfirlly) had not been in that Aét of I. Elia. )"e'f it. mutt have been {0' intended , and the Judges of the. Common Law (Who are proper judges, Expofitors, and Inter- preters of Aé’ts of Parliament) would have ['0 underflood it; as appears by theRefolution of the judges in the Cafe in the fame 12.Rep. of the Lord Coke , fifl. 84,85. and little regard therefore Was given by . the udges to Commiflions ‘ under the Great Seal, which the Arch- ithp of Canterbury (Abbot) faid : had been made in like Cafes in the Times of King He». VIII. and Ed.V.’¢' . In 81.3” 4.1n1’nt. 34o. *' “WT *WW ~ 1 ' v . . , ‘ l l 1 ' I 4 "(72) in the laft Cafe, ibidem fbl.85. 'the Chief Jufiice Cake lays, He, had feen the Commifliun made to Cromwell (by King Hen. VIII.) to be Vice-gerent , and other Commiflions to 0thErs (by his appointment) and herefers to the Commiflion at large m- A ferted in‘his Book-of Precedents. , | See in the fame 12- Rep. of Sir EdmCoke, f. 88. Excellent , R ules to be obferv’d upon fuch eXtraordinary Commiffions,w'z.. They ought to be folemnly read; for they may poflibly con- tain many things againft the Law (as the Commiflion in that Cafe mentioned did.) TheC ommiflioners may every one of them require COpies of the CommifliOn : The Commiffioners ought to Sit in an Open Place, and at certain Days. Note alfo, That fuch Commiflions ought not to be kept fe- cret, but they ought to be Enrolled in the Cbam'er}, That the Subjeéts'may be under a known Authority. See Sir EdmCo‘lre’s 4. Inflz‘t. fohggz. the middle of that fol. And upon irregular and il; legal Commillionsin Ecclefiafiical Caufes, the Remedy is by Pro- hibition out of the Courts at Weftminfter. ' In the fame 4. Injtit. jbl. 340. the Anthor hath this Note: Nata, Step/Jen Gardiner Bifhop of Wincbefier Was depriv’d at Lambetb by Commiflion from King Edward the VI. made to Ten Perfons, proceeding upon it, ex 0 do eeergmixto 7181 WWW” (We 4Wappcmnm nmrt, WEV Wife, abfgne omm' fimmz' @- Jgura judiciifole Fdfiz' Veritate infpeft’a: The Auihor palles no pinion upon it. Que, by what Law this was warranted. It muft be rare and extraordinary, Otherwife Sir EdmCoke would n0t have f0 fpecially mention’d it 3 but a F4870 ad jar non valet Argumentum. Note, That part of the A& of I Eliz. aim. the I8tb.Pardgrapb (before verbatim tranfcribed) viz. of the (been Eliz. and her Succeflors granting fuch Letters Patents or Commiflions in Eccle- fiafiical Caufes , is repealed by the Aft made 16 CarJ. 641).! I. See it in Mr. Keeble’s Book of Statutes at large. See the laft Paragr. or Claufein that A& of Repeal of 16 Own. It is Enaé’ted, That no new Court/ball be erefled or appointed , which {hall have Tbe like ' Power or Jurifdiétion, as the High Commiflioners had or preten- ded to have 5 but that all fuch Letter: Patent: , Commirflom and Grants, and all Pow ers and Authorities thereby granted, and all Aéi’s, Sentences and Decrees to be made by vertue or colour of them {hall be Wid. N0“, Thclate A& of 1 3 Card. cap. [min MnKeeble’s Book of Statutes, does declare that the Ordinary Power of Arch-Bilhops and BllhOPS was not taken away by that Repealing Aét of 17 Car.l.cap. I l . (as this [aft A437 dates it.) ‘ Bllt C 7 3 3 But by this Adi of 1;- Cam. £412.12. in the fecori‘d PaMgrnprhe aforefaid Repealing Aft of17 Cnr.1.and all the Matters and Clan- fes therein contained “(excepting what concerns the High Com- miflion Court, or,tbe new Ereéiion of fame file/J like cm: by. C9,”- mirfion ) are Repealed. See the third Pnrngrapb alfo of the A6? of I 3..Cnr.2 . That the High Commit/ion Court {hall not be Revived. So that I conceive, no fuch Commirflon nor Letters Patents can now be granted, but the Repealing A6} of 16, or 17 Cum. {tands in force againft 1t. g . ‘ . - ' . ~ , By What Law or Rules Cromwell in the Time of King Henry VIII. and. by what Infiruéiions he aéted, does nn't appear; the Cowwirflon: to make him Vicar General (Whichwas furely in Imi- , , station of what had been ufed by the Pope'in the time of his U- furpation) or that of Vice-gerent in Ecclefiaf’tical Matters (which feems to be new and prime Impreflioni:)are not now to be found, of which Dr.Bnrnet in the Hifiory of the Refb'rni’gtion of tbe C/m'rcb of England, makes fome probable conjeétures, fbl.18r.and where- . in confifted the difference between thole two Antbaritie: and Ti» tles , and the Commiflions for the exercife of them is not eafy to, find our : But the thingth' g principally defign’d was to fupprefs the religious Houfes belongifig to the regular Clergy, which were .great' Supports to the'Popz'fb Hierarchy, not at all to impeach the Lawful PoWer and Jurifdiéiion Of Epifcopacy; for we find 'at thelamg " ‘ v, . ’ ' mainfiaree, and had been then bUt newly pafled , That Cranmer Arch-Bilhop of Gm"- Dr; Bu‘rnns terlmr}, made his Metropolitical Vilitations under which (asl Efirgatil‘; conceive) mofl properly falls the Conufanc’e of any contempt or I83.med.fi;ll?i.- abufe committed by any of his Suffragan Bifhopss if not in a * * See Dr. Provincial Synod , Archiepifi'opi 3nrifdi5ioni filbflznt immediate 3:“ 0f the . . . urch, f0]. Snfliaganez. See LmdPrown. 511,512.1‘bc antient C nun ‘ requires the The exclufion of the Pope in the Time of King Hw-Vlflmade confcntof 12.. no diminution of the Power or Jurifdié’tion of the Clerg , as to Bilhops .to determining of EcclefialiicalCaufes, or makin Canons, nfi'itu- ggfuggaluégg .tions and other Synodical Aéis, as is rightly ob erv’d by Dr.He}lin BithP,Po in his Introd u8tion to the Hifiory of Land late Arch-Bilhop of Canterbury 5 upon this ground it is, that to this day they exercife all manner of Ecclefiafiical jurifdié’tion in their own Names, and under the difiinét Seals of their Offices, the Statutes that made fome Alteration in the matter being all repealed: See Dr.He}lin’s Introdnanforefaid, ibid. fol. 34.1. _ The Legiflative Power in Matters Ecclefialiical continues in the Convocatiqn for making Canons and Confiitut ions confirmed by the King and Parliament 5 Difcipline and the Ad minillration {till refides in the Bilhops and thofe under them. ‘ n In (, 7 4- ) In care of any Irregularity in the Metropolitan , Refort muft ‘douhtlcfs be to the Head of the Church upon Earth (the King) as it was in the Cafe of Arch-Bifhop Abbot , who {booting ata Deer unfortunately kill’d the Keeper sand his Jurifdiétion (he be- ing fufpended) was fupplyed by Commiflion, as you may read in ' Dr. Heylin of the Life of Arch-Bifhop Laud , in the 87th fol. of the Book it- {elf , bur more fully, fll. I70. The Bilhop of London is next in Place and Dignity to the Me. tropolitans, fee his Priviledges, ibid. 185. See Dr. Hejliu’s Judgment in the Work of Reforming the Church , either in Doé’trine or Exercife of the Difcipline, perti- nent to the Matter now in hand, but in Point of Law it would be no very difficult thing to difcover him to be mifiaken, fil. 397- See the Power of the Metropolitan , and of the Appeal from him to a Provincial Synod,and a Step put there,and a ne ultra,and that there is no Vicar upon Bart]: appointed to be the Suprearn ’ St‘imgm- Judge in Ecdeflaflicammm in the Opinion of the Council of £232: in 13%: Nice, difcours'd of by DrStiflingfleeAin his Antiguitie: of the Bri. liatncnt a- tifli Chamber, filJoo. but fiill it n "la be underflood , that this 3231:31de fixed Power in the Earle/famed judge: and Court: in England, is ”by the Con. deriv’d from the Crown; but now under the Crown. fetled in yacation.164o this M04304 notiobcimwraptcd 5 this is 737049! * Pore/latew 31(9- 10" ‘9' ri/digim: mm Ordiuit. FINIIS. RARE BX 51 57 . 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