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The King's Power in Ecclesiastical Matters truly stated.
HIS present Majesty having erected an High-Commission Court to enquire of, and make redress in, Ecclesiastical Matters, &c.
Q. Whether such a Commission, as the Law now stands, be good or not?
And I hold that the Commission is not good. And to maintain my Opinion herein, I shall, in the first place, briefly consider, what Power the Crown of England had in Ecclesiastical or Spiri∣tual Matters (for I take them to be synonymous Terms) before 17 Car. 1. ca. 11. And, Secondly, I shall particularly consider the Act of 17 Car. 1. ca. 11. And Thirdly, I shall consi∣der 13 Car. 2. ca. 12. And by that time I have fully considered these three Acts of Parliament, it will plainly appear, that the Crown of England hath now no Power to erect such a Court.
I must confess, and do agree, That by the Common Law all Ecclesiastical Jurisdiction was lodged in the Crown; and the Bishops, and all Spiritual Persons derived their Jurisdiction from thence: And I cannot find that there were any Attempts by the Clergy to divest the Crown of it, till William the First's Time, and his Successors down to King John, the Pope obtained four Points of Jurisdiction. First, Sending of Legates into England. Secondly, Drawing of Ap∣peals to the Court of Rome. Thirdly, Donation of Bishopricks, and other Ecclesiastical Benefices. And Fourthly, Exemption of Clerks from the Secular Power. Which four Points were gained within the space of an hundred and odd Years; but with all the Opposition imaginable of the Kings and their People; and the Kingdom never came to be absolutely inslaved to the Church of Rome till King John's Time, and then both King and People were, and so continued to be in a great measure in Henry the Third's Time; and so would in all likelihood have continued, had not wise Edward the First opposed the Pope's Usurpation, and made the Statute of Mortmain: But that which chiefly brake the Neck of this, was, That after the Pope and Clergy had en∣deavoured in Edward the Second's Time, and in the beginning of Edward the Third, to usurp a∣gain; Edward the Third did resist the Usurpation, and made the Statutes of Provisors, 25 Ed. 3. and 27 Ed. 3. And Richard the Second backed those Acts with 16 Rich. 2. ca. 5. and kept the Power in the Crown by them Laws, which being interrupted by Queen Mary (a bloody Bi∣got of the Church of Rome) during her Reign, there was an Act made in 1 Eliz∣ca. 1. which is Intituled, * 1.1 An Act to restore to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual, and abolishing all foreign Powers repugnant to the same, From which Title I collect three things. First, That the Crown had anciently a Ju∣risdiction over the Estate Ecclesiastical and Spiritual. Secondly, That that Jurisdiction had for some time been at least suspended, and the Crown had not exercised it. Thirdly, That this Law did not introduce a new Jurisdiction, but restored the old; but with restoring the old Jurisdi∣ction to the Crown, gave a Power of delegating the Exercise of it. And as a Consequence from the whole, that all Jurisdiction that is lodged in the Crown, is subject nevertheless to the Legislative Power in the Kingdom.
I shall now consider what Power this Act of 1 Eliz. 1. declares to have been anciently in the Crown, and that appears from Sect. 16, 17, 18. of the same Act.
Section 16. Abolisheth all Foreign Authority in Cases Spiritual and Temporal, in these VVords: And to the intent that all the Ʋsurped and Foreign Power and Authority, Spiritual and Tem∣poral, may for ever be clearly extinguished, and never to be used or obeyed within this Realm, or any other Your Majesties Dominions or Countries. (2:) May it please Your Highness, that it may be further En∣acted 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 F••••liament, use, enjoy, or exercise any manner of Power, Jurisdiction, Superiority, Authority, Preheminence or Priviledge Spiritual or Ecclesi∣astical within this Realm, or within any other Your Majesties Dominions or Countries that now be, or hereafter shall be, but from thenceforth the same shall be clearly Abolished out of this Realm, and all other Your Highness's Dominions for ever; any Statute, Ordinance, Custom, Constitutions, or any other Mat∣ter or Cause whatsoever to the contrary in any wise notwithstanding. And after the said Act hath a∣bolished all Foreign Authority, in the very next Section, Sect. 17. It annexeth all Ecclesiastical Jurisdiction to the Crown in these VVords: And that also it may likewise please your Heghness, That it may be Established and Enacted by the Authority aforesaid, That such Jurisdictions, Priviledges, Superio∣rities, and Preheminencies, Spiritual and Ecclesiastical, as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been, or may lawfully be exercised, or used for the Visitation of the Ecclesiastical State and Persons, and for Reformation, Order and Correction of the same, and of all manner of Er∣rors, Heresies, Schisms, Abuses, Offences, Contempts and Enormities shall for ever, by Authority of this present Parliament, be Ʋnited and Annexed to the Imperial Crown of this Realm. From these VVords, That such Jurisdiction, &c. as by any Spiritual or Ecclesiastical Power or Authority