Episcopacy Not Prejudicial to Regal Power, Proclamation – Judges certificate
By the KING.
A PROCLAMATION, Declaring that the proceedings of his Majesties Ecclesiastical Courts and Ministers, are according to the Lawes of the Realm.
WHereas in some of the Libellous books and Pamphlets lately published, The most Reverend Fathers in God, the Lords Arch-Bishops and Bishops of this Realm, are said to have usurped upon his Majesties Prerogative Royal, and to have proceeded in the high Commission and other Ecclesiastical Courts, contrary to the Laws and Statutes of this Realm; It was ordered by his Majesties high Court of Star-Chamber, the Twelfth day of June last, that the opinion of the two Lords chief Iustices, the Lord chief Baron, and the rest of the Judges and Barons should be had and certified in those particulars, viz. Whether Processes may not issue out of the Ecclesiastical Courts in the Name of the Bishops. Whether a Patent under the great Seal be necessary for the keeping of the Ecclesiastical Courts, and enabling Citations, Suspensions, Excommunications, and other censures of the Church. And whether Citations ought to be in the Kings name, and under his Seal of Arms, and the like for Institutions and Inductions to Benefices, and Correction of Ecclesiastical offences. Whether Bishops, Arch-Deacons and other Ecclesiastical persons may or ought to keep any visitation at any time unless they have express Commission or Patent under the great Seal of England to do it, and that as his Majesties Uisitors only, and in his name and Right alone.
Whereupon, his Majesties said Iudges having taken the same into their serious consideration, did unanimously concur and agree in opinion, and the first day of July last certified under their hands as followeth, That Processes may issue out of the Ecclesiastical Courts in the name of the Bishops; and that a Patent under the great Seal is not necessary for the keeping of the said Ecclesiastical Courts, or for enabling of Citations, Suspensions, Excommunications and other Censures of the Church; And that it is not necessary that Summons, Citations, or other Processes Ecclesiastical in the said Courts, or Institutions, or Inductions to Benefices, or correction of Ecclesiastical offences by Censure in those Courts, be in the Kings name or with the style of the King, or under the Kings Seal, or that their Seals of Office have in them the Kings Arms; And that the Statute of Primo Edvardi Sexti, cap. secundo, which enacted the contrary, is not now in force: And that the Bishops, Arch-Deacons and other Ecclesiastical persons, may keep their Uisitations as usually they have done, without Commission under the great Seal of England so to do: which opinions and resolutions being declared under the hands of all his Majesties said Iudges, and so certified into his Court of Star-Chamber, were there recorded: and it was by that Court further ordered the fourth day of the said monethmonth of July, that the said certificate should be inrolled in all other his Majesties Courts at Westminster, and in the High Commission, and other Ecclesiastical Courts, for the satisfaction of all men, That the proceedings in the High Commission and other Ecclesiastical Courts are agreeable to the Laws and Statutes of the Realm.
And his Royal Majesty hath thought sit, with advice of his Councel, that a publick Declaration of these the opinions and resolutions of his Reverend and Learned Iudges, being agreeable to the Iudgement and Resolutions of former times, should be made known to all his Subjects, as well to vindicate the legal proceedings of His Ecclesiastical Courts and Ministers, from the unjust and scandalous imputation of invading or entrenching on his Royal Prerogative, as to settle the minds and stop the mouths of all unquiet Spirits, that for the future they presume not to censure his Ecclesiastical Courts or Ministers in these their Iust and warranted proceedings: And hereof his Majesty admonisheth all his Subjects to take warning as they shall answer the contrary at their perils.
Given at the Court at Lyndhurst the 18. day of August, in the 13. year of his Majesties Raign.
God save the King.
Imprinted at London by Robert Barker, Printer to the Kings most Excellent Majesty, and by the Assignes of Iohn Bill, 1637.
Primo Julii 1637. The Iudges Certificate concerning Ecclesiastical Iurisdiction.
May it please your Lordships,
ACcording to your Lordships Order made in his Majesties Court of Star-Chamber the Twelfth of May last, we have taken consideration of the particulars, wherein our Opinions are required by the said Order, and we have all agreed,
That Processes may issue out of the Ecclesiastical Courts in the name of Bishops, and that a Patent under the great Seal is not necessary for the keeping of the said Ecclesiastical Courts, or for the enabling of Citations, Suspensions, Excommunications or other Censures of the Church. And that it is not necessary that Summons, Citations, or other Processes Ecclesiastical in the said Courts, or Institutions, or Inductions to Benefices, or Correction of Ecclesiastical offences by censure in those Courts, be in the Kings name, or with the Style of the King, or under the Kings Seal, or that their Seals of Office have in them the Kings Arms. And that the Statute of Primo Edvardi Sexti Cap. 2. which enacted the contrary, is not now in force.
We are also of opinion, That the Bishops, Archdeacons and other Ecclesiastical persons may keep their Visitations as usually they have done without Commission under the great Seal of England so to do.
Io. Bramstone.
Io. Finch.
Humfrey Davenport.
Will. Iones.
Io. Dinham.
Richard Hutton.
George Croke.
Tho. Trevor.
George Vernon.
Ro. Berkley.
Fr. Crawley.
Ric. Weston.
Inrolled in the Courts of Exchequer, Kings Bench, Common Pleas, and Registred in the Courts of High Commission and Star-Chamber.