Chap. V. The HISTORY of the PURITANS. 589 hibitions, and other proceedings at law, in refiraint of theirfpiritualcourts, KCharles T. and had procured Tome privileges and orders from the king in favour of Itrti the ecclefiaftical courts, which had greatly offended the gentlemen of the law. But the archbifhop now went a ftep further, and prevailed with the king to dire& that half the mailers in chancery fhould always be civil ; lawyers; and to declare that no others, of what condition foever, fhould ferve him as mailers of requefi .- Thefe weremore akin to the church -. than the common lawyers; their places being in the bifhops difpofal (as chan- cellors, commiffäries, &c.) and therefore it was fuppofed their perlons would be fo too ; but this was falle policy (lays the noble hiftorian) be- Clares. caufe it difgufteda whole learned profefíion, who were more capable of Vol. lI: differving the church in their eftates inheritances and ftewardfhips, than P.3°5' the church could hurt them, in their pra &ice. Befides it was wrong in it fell, for I have never yet fpoken with one clergyman (lays his lordfhip) who bath had experience of both litigations, that has not ingenuouflycon- feffed, that he had rather in refpe& of his trouble, charge, and fatisfa&ion to hisunderftanding, have three fuits depending in Wefiminsier Hall, than one in the arches, or any ecciefiaflical court.. As a farther ftep towards the fovereign power of the church, his grace fad hn b prevailed with the king to allow the bithops to hold their ecclefaflical own name. courts in their own names, and by their own Seals, without the king's let- contrary to ters patents under the great feat; the judges havinggiven it as their opi-law. pion, that a patent under the great feat was not necefhary for examina- Ruthw. tions, fufpenfions, and other church cenfures. This was undoubtedly con. p 4Só..,. trary to law, for by the ftatute I Edw. cap. 2. it is declared, " that all "ecclefiaftical jurifdiélion is immediately froth the crown; and that all " perlons exercifing fich j,urifdi&ion (hall have in their feals the king's " arms, and shall nfè no other teal of jurifdi&ionon pain of imprifonment." This fiatute being repealed I .114-aria, cap. 2. was again revived by a lac. Ufurp. Arél. cap. 25, as has beenobfervedi Hereupon in the parliaments of the 3d andp 92, Iii. 7th of king fames I. the bithops were proceeded againft,'and two of them in a manner attainted'in a præmunire. by the houle of commons, for making citations and proceffes in their own names, and ufing their own names, and ufing their own feals, contrary to this ftatute, and to the common law, and in derogation of the prerogative. So that by this conceflion, the kingdilpenfed with the laws, and yielded away the ancient and undoubted rights of his crown ; and the bithops were brought under a præmunire, for exerc.ifing fpiritual jurifdicîion without any fpecial com- miflion, patent, or grant, from by or under his majefty ; whereas all ju- rifdiftion of this kind ought to have been exercifed in the king's name, and by virtue of his authority only, fignified by letters patents under his majefty's real, The
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