The establish'd church, or, A subversion of all the Romanist's pleas for the Pope's supremacy in England together with a vindication of the present government of the Church of England, as allow'd by the laws of the land, against all fanatical exceptions, particularly of Mr. Hickeringill, in his scandalous pamphlet, stiled Naked truth, the 2d. part : in two books / by Fran. Fullwood ...

CHAP. III.

King Hen. 8. did not, by renouncing the Power pretended by the Pope, make void the Ecclesiastical Jurisdiction: neither was it void before it was resto∣red by 1 Edw. 6. 2.

IT's somewhat difficult to make this Proposition than it is in its self more plain: pray Mr. Wise-man, where and by what words did Hen. 8. cut off, as you say, all those ordinary Jurisdictions? Did that great Prince and his Parliament intend by any Statute then made, to cut them off, or not? If they did intend it, how came it to

pass that they continued in their usual course of power and proceedings all the rest of his Reign? which may be presumed to be near ten years? Was that watchful Prince so asleep? was the whole Kingdom so stupid, so long a time, to suffer such oppression, by invasion of the Crown and the peoples Liber∣ties, by a company of Church-men, now de∣prived of the Pope's assistance, and without any power at all? or were the Ecclesiastical Governours so desperate or careless, as to lie under so much danger of praemunire, nei∣ther desisting to act without power, nor to sue for it?

2. But perhaps, though the King and Parliament did not intend it, yet the words of the Statute express enough to dissolve and cut off all those ordinary Jurisdictions: and no body could see through this milstone, or tumble it upon the Churches head, be∣fore Mr. Hickeringill was inspired to do it in a lucky time. I will answer him with a sto∣ry; There was a certain Lord laid claim to a Mannor that was in another Lord's possessi∣on: upon Trial it was found, that the Plaintiffe had the Right of it; and he that had had possession was thrown out, and the other (the Right Owner) was, as he ought to be, put into the possession of the said Mannor; but it was observed, that, though the Lords were changed, yet the Customs, and Courts, and Officers were not changed at all, but all things proceeded as before.

3. Thus King Hen. 8. and his Parliament express'd themselves as if on purpose to our

present case; only that the Pope's power then was rather in a pretended claim, than in possession; as is evident from that no∣table Statute 24 Hen. 8. c. 12. where we have the Kings Supremacy first asserted, with a body Politick of the Spiritualty and Temporalty, every way furnish'd with Au∣thorities and Jurisdictions, to administer Justice to the whole Realm. Thus the Imperial Crown fully accomplish'd, throws off the pretence of the Pope, as King Edw. Rich. and Hen. 4. had done before, yet as they also did, reserves as well the Spiritu∣alty and its Jurisdiction, as the Temporalty and its Jurisdiction. Afterwards

4. The King doth by his Royal assent, and by the assents of the Lords Spiritual and Temporal, and the Commons Assembled, and by the Authority of the same, Enact, Esta∣blish and Ordain, that all Causes Testamen∣tary, Causes of Matrimony and Divorces, rights of Tithes, Oblations and Obventions, the knowledge whereof, by the goodness of Princes of this Realm, and by the Laws and Customs of the same, appertaineth to the Spiritual Jurisdiction of this Realm, shall be from henceforth heard, examined, discuss'd, clearly, finally and definitively adjudged and determined in such Courts, Spiritual and Temporal, as the natures of the controversie shall require.

5. 'Tis plain therefore, that though Hen. 8. did cut off the Pope's pretence, which is the great intention of that excellent Law, yet the Ecclesiastical Jurisdiction was

not dissolved, but annex'd or declared to be annex'd to the Imperial Crown of this Realm, and to continue to exercise its power in the Spiritual Courts, as before, according to the Laws and Customs of the Land. Read the Statute, and you will not only see a continuance of the Spiritual Courts supposed and allow'd, but special directions touching proceedings and Appeals therein.

SECT. II.

IF King Hen. 8. did take away the Ec∣clesiastical Authority of the Church of Eng∣land, he did either remove the Officers, or deny their power to make Canons, or destroy their Courts, and the exercise of their Juris∣diction; but he did do neither, but rather by Acts of Parliament establish'd them all.

I. For the first, touching the Governours of the Church, consult Statute 31 Hen. 8. 3. that it may be Enacted by the Authority of this present Parliament, that all Archbishops and Bishops of this Realm, may, by Authori∣ty of this present Parliament, and not by any provision, or other foreign Authority, enjoy and retain their Archbishopricks and Bishopricks in as large and ample manner, as if they had been promoted, elected, confirmed and Consecrated according to the due course of the Laws of this Realm: And that every Archbishop and Bishop of this Realm may minister, use and exercise all and every thing and things pertaining to the Office or Order

of any Archbishop or Bishop, with all Tokens, Ensigns and Ceremonies thereunto lawfully be∣longing.

Further, that all Ecclesiastical persons of the Kings Realm, all Archdeacons, Deans, and other having Offices, may by Authority of this Act (and not &c.) administer, use and exercise all things appertaining to their Dignities and Offices, so it be not expresly against the Laws of God and this Realm.

II. Neither did King Hen. 8. take away the power of the Bishops and others, to make Canons in Convocation, as appears by the Statute of the 25 of Hen. 8. 19. In that Sta∣tute, among other things, upon the Petition of the Clergy, two things are granted to our purpose, touching Ecclesiastical Canons.

1. The old ones; 'tis provided that such Canons being already made, which be not contrariant nor repugnant to the Laws, Statutes and Customs of this Realm, nor to the damage of the Kings prerogative Royal, shall now be used and exercised as they were before the making of this Act, till such time as they be viewed by the said Thirty two persons, according to the Tenor of this Act, which was never done; therefore such old Canons are yet of force by this Act. Vid. Sect. 6.

2. For the making of new Canons; the Convocation hath power reserved by this same Act, provided the Convocation be cal∣led by the Kings Writ; and that they have the Royal assent and licence to make, promul∣gate, and execute such Canons: as you may

read Sect. 1. of the said Statute. Indeed the Convocation used a larger power in ma∣king Canons before, as is there noted, which, they say, they will not henceforth presume to do: but it therefore follows, that they may still use their power, so limited and derived from the Crown; which is the evident in∣tention of the Act. For by restraining the Clergy thus to proceed in making Canons, the Law allows them the power so to do; and by making the exceptions and limitati∣ons confirms their Authority so far as it is not excepted against.

III. Neither, lastly, did King Hen. 8. take away the ordinary Jurisdiction of Eccle∣siastical Governours as exercised in the Spi∣ritual Courts, according to the Laws and Canons of this Church: but indeed esta∣blish'd them by Acts of Parliament, as is plainly to be seen in the 37 Hen. 8. c. 16. Sect. 4. in these words: May it therefore please your Highness, that it may be Enacted, that all singular persons which shall be made—deputed to be any Chancellor, Vicar-general, Commissary, Official, Scribe or Register, by your Majesty or any of your Heirs or Succes∣sors, or by any Archbishop, Bishop, Arch∣deacon or other person whatsoever, having Authority under your Majesty, your Heirs and Successors, to make any Chancellor, Vicar-general, Commissary, Official or Register, may lawfully execute all manner of Jurisdicti∣on, commonly called Ecclesiastical Jurisdicti∣on: and all Censures and Coercions appertain∣ing unto the same, &c.

2. 'Tis acknowledged, that in the Sect. 2. of this Statute, it seems as if the Parlia∣ment concluded, that by the 25 of Hen. 8. 19. the ancient Canons were abrogated, which I wonder Mr. Hickeringill his sagacity had not discovered: yet 'tis plain enough, that wise Parliament did not thereby reflect upon or intend all the Canons; but such Ca∣nons, as the present matter before them was concerned in; that is, such Canons as forbad Ecclesiastical Officers to marry; as the words Sect. 1. are, that no Lay or married man should or might exercise any Ecclesi∣astical Jurisdiction, &c. directly repug∣nant to your Majesty's as Supream Head, your Grace being a Lay-man: then it follows in the next words, And albeit the said De∣crees, viz. being contrary to the Royal pre∣rogative as supream Head of the Church, be in the 25 year of your most Noble Reign ut∣terly abolished.

That this is the meaning of that clause is reasonable to believe, because they take no further care to correct the matter, but only by enacting persons lawfully deputed, though they be Lay persons, though married or unmarried, shall have power, and may exercise Ecclesiastical Jurisdiction, notwith∣standing any Law or Constitution to the contrary, as the Statute is concluded.

3. Besides, we are assured, that all the ancient Canons, that were not repugnant to the Kings Prerogative, or the Laws and Customs of this Realm were not abrogated; but declared to be of force, i. e. to be execu∣ted

in the Spiritual Courts, as was noted in the very letter of that Statute 25 Hen. 8. 19. and that this clause, speaking only of such Canons as were abrogated by that Statute, abrogates nothing that was not so, by the Act referred to.

4. And thus the Jurisdiction and Canons of the Church stood in force, at the latter end of the Reign of Hen. 8. this Statute being made in the last year, wherein any were made by that great Prince.

5. Thus we have found in the time of King Hen. 8. an Ecclesiastical Jurisdiction exercis'd in England, without any depen∣dance on the Pope, and other Authority for Canon-makers Synodical (as Mr. Hickeringill cants) besides the Statute for the High Commission 1 Eliz. upon which Statute of Eliz. Mr. Hickeringill very learnedly asserts the Authority of all Canon-makers Synodical was built: qu. Naked Truth.

SECT. III.

NO more is needful under this Head, but to shew my respect to Mr. Hickeringill his doughty and only Argument, taken out of the Petition of the Clergy to Queen Mary; whereby he would fain prove, that the ex∣tinguishing Act of Hen. 8. took away all ordinary Jurisdiction from the Church of England, and that there was no such thing till she revived it.

2. The words of the Petition, from whence he thus argues, you shall have in his own Translation, in this manner: they pray that her Majesty would make such provision, that those things which belong to our Ecclesia∣stical Jurisdiction and Liberties (without which we cannot duly discharge, &c.) and taken from us lately by the Iniquity of the times, may be again restored; and that all Laws which have taken away, or do any ways hin∣der our Ecclesiastical Jurisdiction and liber∣ties, may be made null and void. Hence he concludes, that in the judgment of the Con∣vocation at that time, their Jurisdiction and Liberties were taken away. Is this proof sufficient against all the laws and practice of the Kingdom during the Reign of Hen. 8. after the extinguishing Act? or do they say that Hen. 8. took away the Ecclesiastical Jurisdiction? how can Mr. Hickeringill di∣vine that it was not the renouncing the Pope as Head of their Jurisdiction and Liberties, that was the very grievance that they com∣plain'd of?

3. This is certain, that Queen Mary suc∣ceeded Edw. 6. that Edw. 6. did require more express Testimonies of the Clergie's Re∣cognition of the Crown, in the exercise of the Ecclesiastical Jurisdiction by the Statute (of which we shall take more notice present∣ly) than Hen. 8. did; and 'tis past Mr. Hicke∣ringill his skill to prove, that the Convocation in their said Petition, did not principally, if not only intend that severe Act of Edw. 6. However that pass, Mr. Hickeringill his ar∣gument,

deserves not the strength of a Con∣vocation to confute it.

4. I leave it to Mr. Hickeringill himself; for if he think, that that Convocation spake that which was not true, he hath said no∣thing to the purpose: but if he think they did speak truth, then he thinks, that the Jurisdiction of the Church of England, as derived from the King, according to the Statute of Edw. 6. or in Hen. 8's time, was no lawful Jurisdiction, that is, Mr. Hicke∣ringill thinks as the Papists think; War Hawk again Mr. Hickeringill, and a praemunire too.

But this brings us to consider the Statute of Edw. 6.