590 ?he HISTORY ofthe PuturANS. Chap. V. K. Charles I. The archbifhop was no lefs intent upon enlarging his own jurifdiction, 1636. claiming a right to vifit the two univerfrties jure metropolitico, which be- Newflatutes ing referred to the king and council, his majefly was pleated to give judg_ forOxford. .anent againft himfelf. As chancellor of Oxford his grace caufed a new body of ftatutes to be drawn up for that univerfity, with a preface, in which are fome leyere refleftions on good kingEdward and his govern. ment ; it lays, that the difcipline of the univerfity was difcompofèd, and troubled by that king's injuntlions, and theflattering novelty ofthe age. It then commends the reign of his frfter the bloody queen Mary, and fays that the difcipline of the church revived and flourUhed again in her days, undercardinal Pool, when by the much defiredfelicity of thofe times an inbred candorfupplied the defect of fiatutes. Was this fpoken like a proteflant prelate, whole predeceffors in the fees of London and Canterbury were burnt at Oxford by queen Mary, in a molt barbarous manner! Or rather like one, who was aiming at the return of thofe unhappy times! Biíhops arti- The lait and molt extravagant ftretch of epifcopal power that I (hall eles ofv'fira- mention, was the bops framing new articles of vifitation in their own :ion illegal. .1)¡lap. Prel. names, without the king's feat and authority; and admin/1ring an oath of p. 229,240. inquiry to the church-wardens concerning them. This was an outrage upon the laws, contrary to the ad of fubmifíion, 25 Hen. VIII. cap. 25. and even to the twelfth canon of1603. which Pays, That whofoever (hall " affirm it lawful, for any fort of minijlers, or lay - perfons, to afíemble to- " gether and make rules, orders, and conftitutions, in caufes eccletiafti- cal, without the king's' authority, and fhall fubtnit themfelves to be ruled and governed by them, let him be excommuicated." Which includes the framers of the orders, as well as thofe who aft under them. The adminiftring an oath tochurch-wardens, without a royal commiffion, had no foundation in law ; for by the common law, no ecclefiaftical judge can adminifter anoath (except in cafes of matrimony and teftaments) with- out letters patent, or a fpecial commifSon under the great feal. It was alto declared contrary to the laws and ftatutes of the land, bySir Edward Coke and the reff of the judges 3 James, in the cafe of Mr. Wharton, who being church- warden of BlackFriars London, was excommunicated and imprifoned on a capias excommunicatum, for refuting to take an oath, to prefent upon vifitation articles; but bringing his habeas corpus, he was dif- charged by the whole court, both from his imprifonment and excommu- nication, for this reafon becaufe the oath and articles were agàinfl the laws andflatutes of this realm, and Jo might and ought to be rejufed. Upon the whole, the making the mitre thus independent of the crown, and not fub- jeft to a prohibition from the courts of Weminfler-Hall, was letting up imperium in imperio, and going a great way towards re-eftablifhing one of the heavieft grievancesof the papacy ; but the bithops prefumed upon the felicity
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