did not prejudice any man here H. 7. was a prudent and wary man not forward to disoblige any party 1 H. 7. f. 10. especially so great a one as the Clergy yet in his time divers Resolutions passed to the same effect as before for the vindication of the Kings Supremacy The Judges affirmed 10 H. 7. f. 18. Persona mixta that the King is a mixt person having both spiritual and temporal jurisdiction in him And that the King may dispense with the Ecclesiastical Law for Pluralities 11 H. 7. f. 12. and for a Bastard to be made Priest 9. We are now come to the great Wheel which turned upside down the whole course of Ecclesiastical Affairs King H. 8. who not only resumed absolutely the whole spiritual Jurisdiction into his own hands but totally abolished the Supremacy of the Pope in England The cause hereof some would attribute to his Covetousness but he was rather prodigal and though none are more covetous than some prodigal men to get fuel for their flames yet the humour of covetousness was spent in his Father and his own Education and Practice was otherwise His displeasure against the Pope about the business of Queen Katherine and the precedent of Woolsey added to his private grudge and Haughtiness might put him upon this work which he went through with and that by Parliament which he sufficiently commanded It chiefly began in the 24 year of his Reign 24 H. 8. c. 2. when an Act was made which fully recites the Kings supreme Jurisdiction both in Spiritual and Temporal matters without Appeal to any foreign Princes or Potentates It enacts that all Causes determinable by any spiritual Jurisdiction shall be adjudged within the Kings Authority and if any procure Appeals Process c. from Rome he shall iucurre a Praemunire The next year an Act was made 25 H. 8. c. 19. wherein the Clergy acknowledged the Kings Supremacy and that they are convened by his Writ And no Canons to be of force without his assent which is enacted accordingly And that the King may assign 32 persons to examine the Canons and to continue such of them as they think fit and to restrain the rest Appeals to Rome are forbid and that Appeals from places exempt and which were formerly to the Sea of Rome shall for the future be to the King in Chancery which is a great asserting of the Kings Supremacy Another Act the same year declares 25 H. 8. c. 20. that the King may grant his Conge deslier for Bishops and in default of Election of them the King may nominate the Bishop by his Letters Patents and they to be consecrated here Another Act reciting the Popes Exactions for Dispensations 25 H. 8. c. 21. Licences c. in derogation of the Imperial Crown and Authority Royal enacts that none be had from Rome and gives power to the King therein which will be mentioned in another place The next Parliament unites to the Crown the title of Supreme Head of the Church 28 H. 8. c. 1. and all Jurisdictions and Authorities thereto belonging Another Act gives to the King First-fruits as the Pope had them 26 H. 8. c. 3. Another Act forbids Appeals to Rome 28 H. 8. c. 7. Another since repeal'd makes it a Praemunire to extoll or defend the Authority of the See of Rome 28 H. 8. c. 10. And Officers to be sworn to renounce and resist it Another Act makes void Licenses and Indulgences from Rome 28 H. 8. c. 16. and those allowable to be confirmed under the Great Seal In the 31 year of his Reign 31 H. 8. c. 9. an Act gives him power to nominate such number of Bishops Bishops Seas and Churches and to endow them with such Possessions as he will. Another Act gives to the King all the rest of the Monasteries not dissolved and their Possessions An Act of as much neglect of the Romish Power and of as much Supremacy in the King in matters spiritual as may be imagined Which Supremacy was further exercised by this King in the Laws made for confirmation of the Romish Doctrine and the Six Articles upon which was great severity some being put to death for affirming the Popes Supremacy others for denying his Doctrine all at the same time 10. We come now to the succeeding Princes Edw. 6. proceeded in spiritual matters as to the Doctrinal part concerning which sundry Acts of Parliament were made 1 E. 6. c. 12. One makes it Treason to affirm that the King is not or that the Pope is supream Head of the Church in England An Act ordains the Book of Common Prayer 2 3 E. 6. c. 1 12.19 2 3 E. 6. c. 20 21. 3 4 E. 6. c. 10. 3 4 E. 6. c. 10. Another is about payment of Tythes prohibiting flesh on Fasting dayes For payment of Tenths to the King and Repeal of Laws against Marriage of Priests Another takes away Popish Books and Images repealed by Queen Mary Another gives Power to the King to name 32 persons to examine the Ecclesiastical Laws and to set forth such as they think fit People are required to come to Church 5 6 E. 6. c. 1.3 5 6 E. 6. c. 12. 1 M. c. 2.9 the Common Prayer with some Alterations enacted Fasting dayes to be observed Priests Marriages lawfull But all the good Laws made by this King were repealed by his Sister Queen Mary and such Service as was in the last year of Hen. 8. to be used That she may make Orders for governance of Cathedral and Collegiate Churches Acts against Heresie are revived 1 M. c. 6. but this was repealed 1 El. c. 1. Cardinal Pool dispensed with the Lay-mens possession to retain Abbey-Lands 2 3 P. M. c. 4. And the Queen remitted First-fruits and renounced Ecclesiastical Livings Queen Elizabeth turned all about again 1 El. c. 1. and by Act of Parliament all foreign Jurisdictions spiritual are abolished the Statutes of H. 8. her Father for this purpose are revived So are the Statutes of her Brother 1 E. 6. c. 1. and she repeals the Statute 1 2 P. M. c. 6. And it is enacted that such Jurisdictions spiritual as lawfully were exercised before shall be united to the Imperial Crown of this Realm And the Queen hath power to assign Commissioners in matters Ecclesiastical and enacts the Oath of Supremacy The Act of 1 M. is repealed and the Book of Common Prayer of 5 6 E. 6. C. 1. is established 'T is made Penal to maintain the Authority of the Sea of Rome 1 El. c. 4. the Oath of Supremacy to be taken 5 El. c. 1. Fasting dayes to be observed The Bible and Common Prayer to be translated and confirmed Bulls from Rome are prohibited 5 El. c. 5.5 13 El. c. 1. and reconciling to that Church and bringing in of Agnus Dei Pictures Crosses c. Made
pardon the punishment or remit the penalty which the Law imposeth upon Nonconformists and yet this is no countenancing of disobedience 5. It is further objected That if this right be allowed in the King Object it would be in his power by the exercise of it to repeal Statutes without the assent of his Parliament Several Acts of Parliament ordain conformity but if the King may indulge those who do not conform he doth in effect repeal those Acts of Parliament and make them to be of no force as to the Nonconformists To this somewhat mentioned in the last Section may in part be for an Answer Answ The Law enjoyns conformity or else a penalty he that submits to the penalty doth conform to the Law. And when the King indulgeth particular persons as to part of these Laws he doth not thereby repeal the Laws but remit some of the Penalties To repeal an Act of Parliament is wholly to take it away and to make it of no force which our Law saith must be done by the same power that made it the concurrent assent of the King Lords and Commons in Parliament But when the King grants Indulgence to some Nonconformists he doth not thereby repeal the Acts of Conformity which still continue but only to some particular persons he remits some of the penalty The Law is that a Traytor shall suffer death yet many have experience by his Majesties clemency that it is his right if he please to indulge and pardon the life of the Traytor Nevertheless none will say that hereby the King repeals the Law of Treason Upon a sentence of one to be an Heretick the Law heretofore was that a Writ de Haeretico comburendo be taken out and the Heretick to be burned Yet none of our Kings have been denied the Right and have frequently practised it to pardon the lives of such sentenced Hereticks as they thought fit to be indulged and yet thereby the Laws against Hereticks were not repealed By the same reason the King may pardon and indulge some Nonconformists and remit the Penalties which the Law imposeth on them and yet the Acts for Conformity are not thereby repealed 6. But to come nearer to the great point in question Object the main objection is That this Right of the King if it were before in him Stat. 14 Car. 2. cap. 14. yet now by his own consent it is barred and taken away by the late Act of this present Parliament for Uniformity If this be so our question is determined the wisdom and judgment of Parliament ought to bind and conclude all persons in the Kingdom who are parties and involved in their judgments and ought to acquiesce therein And with my particular due submission thereunto it seems to me that nothing in this Act doth take away or impeach but rather confirm this Right of Indulgence in the King. One Clause in this Act provides that the Penalties thereof shall not extend to the Foreigners or Aliens of the foreign Reformed Churches allowed or to be allowed by the King his Heirs or Successors in England By this Proviso the Parliament declares their judgment That this Right was and is fit to be in the King. And there occurs to me no reason but that the same Right is in the King to grant the like Indulgence to any other of his Subjects as by this Proviso is approved to these Foreigners whose posterity now become Natives do enjoy it This Right was in the King either before the Statute of Queen Elizabeth or annexed to the Crown by that Act. And either it was in him before the Statute of 25 H. 8. or is granted to him by that Act as hath been before shewed If any way this Right was once in the King as unquestionably it was then it cannot be barred nor taken away from him without express words in some subsequent Act of Parliament But there are no words in the late Act of Uniformity to bar or to take away this Right from the King therefore it remains in him as it was before and there is nothing in this Act to the contrary It is true that the King doth not dispence with a Law or any part of it whereby particular Interests are concerned as to those particular Interests Therefore that part of this Act which giveth a Right of Presentation to particular Patrons upon the Nonconformity is not to be dispensed with But as to the Penalties of this Act and of those other Acts to which it relates and which are reformation of manners and wherein no particular Interest is concerned the King may dispence with such Laws and Penalties as the resolution is in Halles Case Coke 5. Rep. Eccles Case f. 6.51 That the King may pardon Suites in the Ecclesiastical Courts because they are only to correct or punish the party for the offence or default which saith the Book the King may pardon and not for the particular interest of the party By the same reason the King hath a right to pardon or indulge the Penalties and execution of these Acts in which no particular Interest is touched and which are to correct and punish the party for his offence and default against these Laws especially when there are no words in the Act to impeach but rather to allow this right to be in the King and which clearly was in him before the making of this Statute CHAP. VIII Observations upon Examples of Persecution 1. PErsecution is a word taken from the Latin Persequor which signifies to follow to the extremity and denotes the execution of Revenge and slaughter That the good of Indulgence and the evil of Perfecution may the better appear some observations upon a few of very many Examples thereof in the Holy Story are here inserted and to begin with these of Persecution It is observed that for the most part ungodly men excited by pride and envy have persecuted the godly So it was in the first Persecution in the World when the elder Son of Adam persecuted his Brother Abel Cain was an ungodly man Gen. 4.5 for unto him and to his offering the Lord had not respect but Abel was a godly man for he brought of the firstlings of his flock and of the fat thereof Gen. 4.4 and the Lord had respect unto Abel and to his offering because Abel and his offering had respect from God therefore was his Brother very wroth Bishop Halls Contemplatition upon Cain and Abel and persecuted Abel for his Religion such was the pride and envy of his heart upon which the Ingenious Bishop of Exon thus contemplates What then was the occasion of this capital malice Abel's Sacrifice is accepted what was this to Cain Cains is rejected What could Abel remedy this Oh envy the corrosive of all ill minds and the root of all desperate actions The same cause that moved Satan to tempt the first man to destroy himself and his posterity the same moved the second man to destroy the
Letters civilly and filially intreated the Pope and Cardinals 14 E. 2. lib. apud Turrim f. 85. not to hold plea at Rome of things done in England And though in his time the Spiritual Courts held plea Sr. John Davis Rep. f. 95. by the Statute of circumspectè agatis and by general allowance and usage yet they thought themselves not safe till the King had granted them Jurisdiction in these Cases Coke 5 Rep. Eccles Case f. 13. Stat. Articuli Cleri 9 E. 2. wherein the Parliament consented by their Act before mentioned And it was objected nevertheless against this King that he had given allowance to the Popes Bulls and Authority here 7. We meet with the same practice in the time of E. 3. and of his Grand-son R. 2. Edward the third was a wise and Powerful Prince and his time affords us a large view of this matter in the Records and Printed Statutes In his minority and in the heat of his wars in France the Pope sent many Briefs into England at which the King and his Subjects were much offended and did smartly oppose them By the Resolutions of the Judges Coke 5 Rep. Eccles Case f. 15.16 17. and of the Parliaments in his time they admitted no Jurisdiction of the Court of Rome here but punished those who did bring any Bulls from thence or obtained any Provisions of Benefices and the like He entirely resumed the right of his Crown in supream spiritual Jurisdiction The Statute of Provisors recites the Statute of Carlisle 25 E. 3. Stat. de provisor and Asserts That the Church of England was founded in the Estate of the Prelacy by the Kings and their Predecessors And this 27 E. 3. Stat. provis c. 1. and a subsequent Statute forbidding Provisions of Benefices by the Pope do testifie the authority of the King to be Supream in Spiritual matters So doth another Act forbidding those to be curst 32 E. 3. c. 1 2 3. who shall execute the former Laws In the Annals of our Law 17 E. 3.23 we also find Resolutions to the same effect for the Kings right of granting Exemptions from the Jurisdiction of the Ordinary which manifests his own Supream Spiritual Jurisdiction In his time it was resolved 28 Assis pl. 20. 38 E. 3. c. 7. Coke 5 Rep. Eccles Case f. 16. That a Priour being the Kings debtor might sue a Spiritual Person for Tithes in the Exchequer for until a Statute of this King the right of Tithes was determinable at the Kings Temporal Courts and in many Mannors of the King and of other Lords they had probate of Wills. This King translated Canons Secular into Regular and Religious 38 Assis pl. 22.49 E. 3. lib. Assis pl. 8. and made of the Priour and Covent of Westminster who were Regular Persons capable in Law to sue and to be sued All which and divers others omitted are proofs of this Jurisdiction in him In the Nonage of R. 2. the Power of Rome again budded and they attempted to incroach by sending hither Bulls Briefs and Legates Whereof the People were so impatient that they offered to live and dye with the King in withstanding this Usurpation In his time an Act makes it Death to bring any Summons 13 R. 2. c. 3. Excommunication c. against those who executed the Statute of Provisors Another Statute makes it a Praemunire to purchase or pursue in the Court of Rome or elsewhere any Translations Provisions 16 R. 2. c. 5. and Sentences of Excommunication Bulls Instruments or any other things which touched the King his Crown and Regality or his Realm And declares that the Crown of England hath been in no Earthly Subjection but free at all times and immediately Subject to God in all things which is full Supremacy and in all things includes Spirituals The King had also the ill fortune to have it objected against him in Parliament that he had allowed of some Bulls from Rome 8. We come now to the times of several Kings who found this point so well settled that there was not much need of their stirring in it yet the same Jurisdiction was exercised by them In H. 4. time were several Resolutions of the Judges Coke 5 Rep. Eccles Case f. 22 23 24. expresly disallowing the Supremacy of the Pope in this Realm and confirming the Kings A Statute makes it a Praemunire to purchase Bulls from Rome 2 H. 4. c. 3. 6 H. 4. c. 1. Another forbids the horrible Mischiefs and damnable Customes of the Court of Rome about compounding with the Popes Chamber for First-fruits Another makes it a Praemunire for any to put in execution here any Bulls for the discharge of Dismes 2 H. 4. c. 6. In his sons time an Act makes it a Praemunire for one by colour of Provisions from Rome and Licences thereupon 2 H. 5. c. 9. to molest any Incumbent In his time the Lands of Religious houses were in some danger to be taken away Martin Chron. p. 142. the King being Petitioned to suppress them as Nurseries of Idleness Gluttony Leachery and Pride and that their Revenues would bring yearly to the Kings Coffers 200000 l. and also maintain 15 Earls 1500 Knights and above 6000 men at Arms. But by the Policy and liberal offer of the Clergy to supply the Kings occasions in furtherance of his Title to France this business was diverted In the minority of H. 6. Sir Jo. Davis Rep. f. 96. when the Commons had deny'd the King a Subsidy the Prelates offered a large supply for his Warrs if the Act of Provision were repealed But Humphrey Duke of Gloucester who not long before had cast the Popes Bull into the fire caused this motion to be denyed as derogatory to the Kings Right and Supremacy In this Kings Reign it was adjudged 1 H. 6. f. 10. 8 H. 6. f. 1. that the Popes Excommunication is of no force in England by the Common Law. The succeeding Kings were not so active in these matters nor was there so much occasion for it in their time as in the Reigns of their Predecessors E. 1 H. 7.20 9 E. 4. f. 3. Fitz. N. B. f. 44. 12 E. 4.46 4. was full of trouble yet we find mention of a resolution in his time that the Pope could not grant any Sanctuary in England And that if one Spiritual Person did sue another at Rome where he might have Remedy here he should incurr a Praemunire Another Judgment was that the Popes Excommunication was of no force in England And when two Legates 1 H. 7. f. 10. one after another came into England they could not be admitted till they had taken an Oath to attempt nothing against the King and his Crown R. 2 R. 3. f. 22. 3. had a short and unhappy Reign after his wicked Usurpation and was careful to please the Clergy yet in his time it was resolved That a Judgment or Excommunication at Rome
of E. 3. and to his Predecessors 〈◊〉 Successors And Guimer in his Comment upon the Pragmatical Sanction of France is peremptory that anointed Kings are not meerly lay Persons And he adds that from thence it is that the Kings of England do bestow Benefices The anointed King David puts Prophets and anointed Persons together Touch not mine anointed and do my Prophets no harm and Christs Ministers are frequently stiled Gods anointed If our King as undoubtedly he is be a spiritual Person it is not improper for him to grant Indulgence in matters Spiritual The Kings of Israel took themselves to be spiritual Persons and and to have spiritual Jurisdiction as the Judgment and Actions of Moses Joshua the Judges and their Kings do show The excellent and Pious Sermons and Exhortations made by Moses Joshua Samuel David Solomon Hezekiah Jehoshaphat and others do testifie their being Spiritual Persons So doth that passage of our first Christian King Lucius Antiquit. Britan p. 6. that he laboured the Propagation of the Gospel of Christ and that having transported an Army into France Dum Duces sui bellica tractarent officia ipse evangelio praedicando assiduus suit whilst his Captains were imployed about the business of the War he himself was diligent in Preaching of the Gospel Our last Saxon King Edward gained the title of Confessor And who so reads the Book of our late King Charles the first will find that he had admirable Endowments in Spiritual as well as Temporal things Though it be not a personal Duty in a Prince to Preach yet he is trusted to promote the Gospel as a principal part of his Duty and for a Prince to Preach is no strange thing nor any disparagement the great Solomon is called the Preacher and they may Preach if they please which is an argument of their being Spiritual Persons and that of their fitness to give Indulgence in Spiritual matters 3. If our King were not to be taken as a Spiritual Person he could not so properly be Head of the Church in England which by our Law he is and therefore the more capable and fit to grant Indulgence in Spiritual Matters The Passages before in part remembred of the actings of our elder and later Kings 16 R. 2. c. 5. do sufficiently evince them to have been Heads of the English Church An Act as ancient as R. 2. time declares that the Crown of England hath been so free at all times that it hath been in no earthly subjection but immediately subject to God in all things H. 8. settling this Supremacy in himself and his Successors by the Act in the 24th year of his Reign 24 H. 8. c. 12. recites that by authentick Histories and Chronicles it appears that this Realm is an Empire and so hath been accepted in the World governed by 〈◊〉 supream Head and King unto whom the Spiritualty and Tempor 〈…〉 een bounden and owen to bear next under God a natural and humble Obedience In the next year an Act prayes thus 25 H. 8. c. 21. In regard your Majesty is supream Head of the Church which the Convocation hath recognised that it may be enacted c. Another Act settles it more expresly which recites That although the King rightfully is and ought to be supream Head of the Church of England and so is recognized by the Clergy in their Convocation yet for confirmation thereof and increase of Virtue and to extirpate Errors and Heresies it enacts That the King shall be taken and reputed the only Supream Head in Earth of the Church of England And shall have and enjoy annexed and united unto the Imperial Crown of this Realm as well the Title and Stile thereof as all Honours Dignities Preheminencies Jurisdictions Priviledges and Immunities to the said Dignity of Supream Head belonging In his Sons time it was enacted to be High Treason 1 E. 6. c. 12. to affirm that the King is not or ought not to be Supream Head in Earth of the Church in England immediately under God or that the Bishop of Rome or any other than the King of England is or ought to be by the Laws of God Supream Head of the same Church This Title was challenged by the Pope over all the Churches of Christendome but the several Acts of Parliament declare it to have been and to be the right of our Kings And if it ever did belong to any Spiritual Jurisdiction to grant Indulgence in Spiritual Matters it is by these Acts given to the King. The Pope when he claimed the Title did give Indulgence in greater matters therefore it may be allowed to our Kings under this Title to grant Indulgence to some of their Subjects Dissenters as to some minuter matters of Religion as Forms or Ceremonies in Church Discipline c. 4. We may examine from the ground of Reason whether it be not fit that this Right should be in the King. When a suddain Tumult and Insurrection hath broke forth into a dangerous Rebellion the King hath in that exigency granted some temporal Indulgences Manumissions and other Immunities and Pardons which at another time he would not grant yet this in reason and consequence hath been approved a violent Storm being thereby avoided and appeased and danger to the King and Kingdom prevented May it not fall out upon the like grounds of reason that the King who is the publique Sentinel forseeing any Tempest or Danger or the decay of the Trade Wealth or Strength of the Kingdom may thereupon and to prevent it grant Indulgence to his Subjects in Spiritual Matters If this Power should be denyed him it cannot in reason be expected that he should be so well furnished without it as he should be to prevent a common Mischief or Danger Bishop Taylor hath a Rational as well as Theological Discourse on this Subject It is saith he a great fault Bishop Taylor 's Book of the Liberty of Prophecying pag. 536 537. that men will call the several Sects of Christians by the name of several Religions All the Sects and all the Pretences of Christians are but several Species of Christianity if they do but serve the great End as every man for his own Sect and Interest believeth for his share he does In reason the Prince is to Order and Indulge such of them as he thinks fit the better to serve his great end To Tollerate is not to Persecute and the Question Whether the Prince may Tolerate divers Perswasions is no more than whether he may lawfully Persecute any man for not being of his Opinion If he ought not in Justice and Reason to do this it follows in reason that he have a Power to Indulge them The Prince is just to Tolerate diversity of Perswasions as he is â—o Tolerate publique Actions for no Opinion is Judicable nor â—o Person Punishable but for a sin If the Non-conformity be no Sin it is reason that it be Indulged and in reason none is so
THE KING 's Right of Indulgence IN SPIRITUAL MATTERS WITH The EQUITY thereof Asserted BY A Person of Honour and Eminent Minister of State lately Deceased LONDON Printed and Sold by Randall Taylor near Stationers-Hall MDCLXXXVIII TO THE READER IT was the Opinion of the Great Lord Verulam That Books such as in earnest deserve that Title need no other Patrons than Truth and Reason Let the Abortives of the Press Court your favour This Treatise securely Appeals to your severest provided it be but unprejudiced Judgment It was Composed divers years ago by the Dictates of a NOBLE PERSON of whom when I have said That he was an Eminent Minister of State a known Protestant and one of the most Studious Gentlemen of our Age equally diligent and happy in Reading both Books and Men I shall have express'd but part of His Character The rest of which when you have perused this Elaborate Discourse you will better be enabled to supply by those Idaea's of Veneration which it cannot but raise in minds that have any respect to Truth Piety or Learning As the Dead can neither Cajole nor be Flatter'd so ought they not to be Envied you have here the free and well-poiz'd Thoughts of a late Peer of England on this Important matter long before His present Majesty came to the Crown All that I can pretend to is the Honour of being a little Instrumental to hand That forth to publick Light which I thought was too valuable to be doom'd to the Obscurity of a private Closet as being unwilling the Inquisitive World should be deprived of one of the most accurate Pieces that have been or perhaps can be Written on this Subject If any thing therein occur less suitable to present times you are desired to remember how long ago it was Compiled And withal to Pardon any Errors of the Press that may have escaped Correction Which is all I thought necessary you should be Advertis'd of by Black-Fryars Octob. 26 1687. Your Humble Servant HEN. CARE THE CONTENTS CHAP. I. The meaning of the Title SECT 1 OF Right 2 Of the Kings Right 3 Of the King's Grant. 4 Of Indulgence 5 Of Spiritual Matters 6 What is not meant by such Indulgence 7 What is meant by Spiritual Matters CHAP. II. That from Grounds of Policy Indulgence in Spiritual matters is fit to be granted The several grounds thereof in Policy are 1 THE preservation of the Publick Peace 2 From the Examples of our Neighbours 3 From Examples of Elder Times 4 From the Present State of our Affairs 5 From the Advancement of Trade 6 From the Increase of People 7 From the Dependance upon the Prince 8 From the satisfaction of Mens Minds CHAP. III. That from grounds of Piety it is fit to grant Indulgence in Spiritual Matters 1 FRom the Rule of doing as we would be done by 2 From the Note of being tender and kind-hearted 3 From the ground of Leaving to God his own Works 4 From the Subject Matter being Spiritual 5 From the Practice of the Church in best times 6 From the ground of sparing Christian Blood. 7 From the difficulty to search out Truth 8 From the aptness of good men to err 9 From the Introduction of Christianity CHAP. IV. Of Supreme Spiritual Jurisdiction and consequently a Right of Indulgence in Kings 1 OF Supream Spiritual Jurisdiction 2 Of the Matter of Fact and consequence thereof 3 That this Jurisdiction was in Fathers of Families 4 That it was in the Hebrew Princes 5 That it was in the Heathen Princes 6 That it was in the Emperors 7 That it was in the Kings of France 8 That it was in the Kings of Spain 9 That it was in the Kings of Sweden 10 That it was in several other Christian Princes CHAP. V. The Supream Spiritual Jurisdiction in England is in Kings 1 THat it was in our British Kings 2 That it was in our Saxon and Danish Kings 3 That it was in William 1. William Rufus and Henry 1. 4 That it was in King Stephen Henry 2. and Richard 1. 5 That it was in King John and Henry 3. 6 That it was in Edward 1. and Edward 2. 7 That it was in Edward 3. and Richard 2. 8 That it was in Henry 4. Hen. 5. H. 6. E. 4. R. 3. and H. 7. 9 That it was in King Henry 8. 10 That it was in the succeeding Princes CHAP. VI. That the Right of Granting Indulgence in Spiritual Matters is in our King. 1 AS he is a Mixt Person 2 As he is a Spiritual person 3 As he is Head of the Church of England 4 From the Grounds of Reason 5 From the Common-Law 6 From the Precedents before W. 1. 7 From Precedents of W. 1. till our time 8 From Precedents in our time 9 From several Acts of Parliament 10 From the Statute of 25 Henry 8. CHAP. VII The Answers to Objections against this Right of the King. 1 That it would incourage Schisms 2 That it would hinder Vniformity 3 That it would cause Discontent 4 That it would countenance Disobedience 5 That the King might then Repeal Statutes 6 That the late Act of Vniformity bars this Right CHAP. VIII Observations upon Examples of Persecution 1 OF Cain 's persecution 2 Of Pharaoh 's persecution 3 Of Haman 's persecution 4 Of Nebuchadnezzar 's persecution 5 Of Darius his persecution 6 Of the Persecutors of our Saviour 7 Of Christ's Disciples persecuted 8 Further Observations upon the Examples 9 The Comfort of Persecution CHAP. IX Observations upon Examples of Indulgence in Spiritual Matters 1 OF Indulgence to Noah 2 Of Indulgence to the Patriarchs 3 Of Indulgence by the Egyptians 4 Of Indulgence by Moses 5 Of Indulgence by Joshua 6 Of Indulgence by the Judges and Kings 7 Of Indulgence by our Saviour 8 Of Indulgence by the Disciples of Christ 9 The Sum and Conclusion of the Treatise THE King 's Right OF INDULGENCE In Spiritual Matters ASSERTED CHAP. I. The Meaning of the Title 1. TO explain the meaning of the Title of this Work Lib. feud 2. tit 2. ss 2. tit 3. ss 1. Idem quod justum id est quod recto jure Constitutum Instit de fidei commis-haered Secundum juris civilis praescripta regulos Bracton l. 5. de exceptionibus c. 28. ss 2. fol. 434. Jus possessionis Jus proprietatis Cook on Littleton f. 345. It may be inquired first what is meant by the word Right The Civilians say that Right is the same with Just that which is constituted by right Law and by just and lawful means that is Right Justinian called the Law Right Rectum so the French say Droict That which the Civil Lawyers term what is according to the Praescripts and Rules of the Civil Law. The same signification it bears in our Law and our antient Authors call it Jus as Right of Possession and Right of Property And if a Tenant in Fee make a Lease for Years and afterwards release all his Right his
the grounds of Piety not to grant Indulgence to them especially if we consider that we are not only uncertain in finding out Truths in disputable matters but we are certain that the best and ablest Doctors in Christendom have been actually deceived in matters of great Concernment which thing is evident in all those Instances of Persons from whose Doctrines all sorts of Christians respectively take liberty to dissent The Errors of Papias Iraenaeus Lactantius and Justin Martin in the Millenary opinion of St. Cyprian the Asian and African Fathers in the question of Rebaptization St. Augustine in his uncharitable Sentence against the Vnbaptized Children of Christian Parents The Roman or the Greek Doctors in the question of the Procession of the Holy Ghost and in the matter of Images are Examples beyond exception Now if these great Personages had been persecuted or destroyed for their Opinion who should have answered the invaluable loss the Church of God should have sustained in missing so excellent so exemplary so great Lights But then if these Persons Erred and by consequence might have been destroyed what would have become of others whose Understanding was lower and their Security less their Errors more and their Dangers greater At this rate all men should have passed through the Fire for who can escape when St. Cyprian and St. Augustin cannot But since good Men are so apt to Err the Piety of Christians did then and ought now to indulge the Men though not the Errors 9. The last ground of Piety for this Indulgence which I shall now mention is from the consideration of the Introduction of Christianity It is saith Bishop Taylor one of the Glories of Christian Religion that it was so Pious Excellent Miraculous and Perswasive that it came in upon its own Piety and Wisdom with no other force but a terrent of Arguments and demonstration of the Spirit a mighty rushing Wind to break down all strong Holds and every high Thought and Imagination But towards the Persons of Men it was always full of Meekness and Charity Compliance and Toleration Condescention and bearing with one another restoring Persons overtaken with an Error in the Spirit of meekness considering least we also be tempted The consideration is as prudent and the Proportion as just as the Precept is charitable and the President was pious and holy Now every thing is best conserved with that which gave it the first Being and is agreeable to its temper and constitution The Precept which the Christian Religion chiefly preaches in order to all the Blessedness in this and the other World is Meekness Mercy and Charity And this should also help and preserve it self and promote its own interest for indeed nothing will do it so well nothing doth so excellently insinuate it self into the understandings and affections of Men as when the actngs and perswasions of a Sect and every part and principle are tending to a universal Good. And it would be a mighty disparagement to so glorious an Institution That in its Principles it should be merciful and humane and yet in the promotion and propagation of it so inhumane And it would be improbable and unreasonable that the Sword should be used in perswasion of one Proposition and yet in the perswasion of the whole Religion nothing like it To do so may sometimes seem and but seem to serve the Interests of a Temporal Prince but never promote the honour of Christ's Kingdom it may secure a Design of Inquisitors but it will much disserve Christendom to offer to support it by that which good Men believe to be a distinctive Cognizance of the Mahumetan Religion from the Excellency and Piety of Christianity whose Essence and Spirit is described in these excellent words of St. 2 Tim. 2.14 Paul The Servant of the Lord must not strive but be gentle unto all men in meekness of instructing those that oppose themselves if God peradventure will give them repentance to the acknowledging the Truth And as it is unnatural so it is unreasonable that Sempronius should force Caius to be of his Opinion because Sempronius is Consul this Year and commands the Lictors as if he that can kill a man cannot but be infallible and if he be not why should I do violence to my Conscience because he can do violence to my Person There is nothing under the Almighty that hath power over the Soul of Man so as to command a Perswasion or to judge a disagreement and because no Man's command is a satisfaction to the Vnderstanding or a verification of the Proposition therefore the Understanding is not subject to Humane Authority We see that the greatest Persecutions that ever have been were against Truth even against Christianity it self and it was a Prediction of our Blessed Saviour That Persecution should be the Lot of true Believers And if we compute the experience of Suffering Christendom and the Prediction That Truth should suffer with those few Instances of Suffering-Hereticks it is odds but Persecutions are on the wrong side and that is Error and Heresy that is cruel and tyrannical especially since the Truths of Jesus Christ and of his Religion are so meek so charitable and so merciful And we may in this Case exactly use the words of St. Paul But as then he that was born after the Flesh persecuted him that was born after the Spirit even so it is now and so it ever will be till Christ's second coming This may give us a good ground of Piety from the meekness of the Introduction of Christianity that the most proper way and most agreeable to the example of our Saviour and of his holy Disciples for the propagation thereof is by the same Meekness Charity and Mercy in which it was Instituted and consequently to give Indulgence to tender Consciences CHAP. IV. Of Supreme Spiritual Jurisdiction and consequently a Right of Indulgence in KINGS 1. OF Spiritual Matters somewhat hath been before discoursed We may now for the clearer understanding of the Intent of this Chapter inquire the meaning of Supreme Spiritual Jurisdiction Supreme is that which is the Highest on Earth next under God according to Law. So the meaning thereof is expressed in the Statute of H. 8. 24 H. 8. C. 12. That this Realm is an Empire governed by one supreme Head and King whom both the Spiritualty and Temporalty ought to obey 28 H. 8. C. 1. 1 E. 6. C. 12. So another Act declareth him supreme Head of the Church upon Earth So the King is declared by an Act of E. 6. Supreme Head of the Church in England immediately under God. The Oath of Supremacy is enacted 5 Eliz. C. 5. Pro supreme Jupiter The Latins from whence we borrow the Word have it in the same sense for the highest and chiâ—fest So Terence faith O supreme Jupiter and Virgil calls the highest Mountains Supremi Montes the Supreme Mountains Supreme Jurisdiction then is the highest and chiefest Authority according to Law
Treason to withdraw any from our Religion to the Romish 23 El. c. 1. 27 El. c. 1. Jesuits and Priests are to depart the Realm and not return on pain of Treason Next was a severe Law made against Seditious Sectaries 35 El. c. 1. frequenting Conventicles on pretence of any exercise of Religion contrary to the Queens Laws and so it must be and whether this Act be continued or not was questioned King James proceeded in the wayes of Queen Eliz. as to spiritual matters 1 Jac. c. 4. That her Acts against Romish Priests be put in Execution but with favour upon Conformity Sundry Acts were made in his time touching fasting days 1 Jac. c. 2â— 29. 3 Jac. c. 1. 3 Jac. c. 4. Prayer for delivery from the Gun-powder Treason for repressing and discovering of Popish Recusants and against absolving to the Church of Rome and penalties for not coming to Church In none of which the Kings power of Indulgence is impeached or named There is also an Act of King Charles 1. for reforming abuses on the Lords day and to restrain sending any beyond Sea to be popishly brought up and others of like nature In all these Princes Reigns the writing to the Bishops to absolve Persons Excommunicate to certifie Loyalty of Marriage Bastardy c. and Prohibitions to the Ecclesiastical Courts were very frequent and testimonies of together with a quiet enjoyment of their Supream Spiritual Jurisdiction which consequently carries the Right of granting Induigence in Spiritual matters along with it CHAP. VI. 10 H. 7. Rex est persona mixta unita cum Sacerdotibus Ab Gloss in c. de decimis Rex non praeesse debet in spiritualibus ut in temporalibus A. B. C. de sacro sanct unctionibus Quod Rex mere Laicus non Ecclesiasticus aut mixtus quanquam unctus nec spiritualibus aut temporalibus quoad ecclesiam se immiscere posse In ordine ad spiritualia That the right of granting Indulgences in Spiritual matters is in our King. 1. THis right is in the King of England as he is a mixt Person capable of Spiritual Jurisdiction This was affirmed by Judge Bryan in H. 7. time and that the King is a mixt person and united to the Priests of holy Church But the Canonists say that the King is not Supream in Spirituals as he is in Temporals and they labour much for their own and their Masters interest to make it good Some Doctors affirm that a King is a mere lay person and not an Ecclesiastical or mixt Person although he be annointed and that he cannot intermeddle with matters Spiritual or with matters Temporal which do concern the Church It is much for them to abridge a Kings Power in matters Temporal but it is not the first time they have made use of the Words in order to Spirituals to the prejudice of the Power of Princes Nor doth their opinion determine the Laws of England by which our King hath this Jurisdiction The stories of other Kingdoms as well as of this do manifest the exercise of Supream Spiritual Jurisdiction by Princes and the Non Obstante of the Doctor though the King be anointed is no small objection in their way carrying Testimony that Kings are mixt persons Especially as it relates to our King Caâ—ibut Downings discourse of the States Ecclesiastical p. 57. whose Anointing is only ancient among the Princes of Christendom The old Rhime of Robert of Gloucester is mistaken which saith of Alured And he was King of England of all that there come That verst thus yeled was of the Pope of Rome Oyled or anointed For Gildas mentions the anointing of the ancient British Kings although in a bad sence Galfred Muneth l. 9. c. 3. and the Monk of Malmesbury the anointing of Egbert before Alured Jothams speech to the Israelites 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Isa 45.1 That the Trees went to anoint them a King and that which is rendered they went to make Abimelech King is in some Greek Copyes they went and anointed Abimelech to be their King. This was about 200 years before the beginning of their Kingdom in Saul who with his Successors were anointed So also was the King of Syria Hazael and Cyrus King of Persia in the holy Prophecy is called the Lords anointed a frequent expression of Kings in Scripture I meddle not with the Miracle Ceder Roda senim tract Kerisos Lyr ad Ri. 3. that the Holy Oyl which was consecrated in Moses time and used in this Vnction continued without diminution until the Captivity But from those Examples in the Holy Story the Kings of Christendom took their custom of being anointed Our Soveraign is anointed by the Arch-bishop of Canterbury The Emperors when they were Kings of France were anointed by the Arch-bishop of Rhemes and as Emperors by the Arch-bishop of Mentz Colen and Triers But the Kings of France of the first line were not anointed Du. Haillan l. 1. de la premiere lignee oinct ny Sacrèe as their Historian testifies and in a second place saith plainly and peremptorily There is no mention in our Antiquities of the anointing of the Kings of the first line Though the Kings of Spain are anointed by the Arch-bishop of Toledo Nâ—est faicte aucune mention de sacrèe ny de onctionee Reys de la premiere lignèe The Kings of Denmark he means of Sweden by the Arch-bishop of Vpsal The King of Poland by the Arch-bishop of Guesne The Kings of Hungary by the Arch-bishop of Strigon The Kings of Navarre by the Bishop of Dampetune yet none of them were anciently anointed but now are and this real Relation doth more peculiar and appropiate the State Spiritual to our King. And by it Downing f. 96. he is more than a lay man he is a mixt person having Supream Ecclesiastical as well as civil Government 2. Nay the King of England is not only a mixt Person but in some sence he may be termed a Spiritual Person whereof the former Note of his being Anointed and by Spiritual Persons is some Argument The use of Oyle or Unction amongst the Gentiles and Jews Causabon ad Baron Annal. exercit 14. An. 32. Numb 26. whereby they would have even inanimate things Sacred by pouring Oyl on them may be omitted All hold the Anointing of Kings to difference them from Lay persons and that it put a kind of Sacredness upon them as making them Spiritual persons Hence the French word for it is sacree as it were a consecration or dedication of the King above all others to the Service of God in Spiritual matters That Kings anointed with holy Oyle Reges sancto Oleo uncti sunt Spiritualis Jurisdictionis capaces 33 E. 3. tit Ayd du Roy. Guimer tit 12. §. 9. Quod Reges inuncti non sunt mere Laici Psal 105.15 2 Cor. 1. are capable of spiritual Jurisdiction was a sentence applyed to our King in the time
fit as the Prince to give this Indulgence And it is not only lawfull to Tolerate disagreeing Perswasions but the Authority of God only is competent to take notice of it and infallible to determine it and fit to judge And therefore no humane Authority is sufficient to do all these things which can justifie the inflicting of temporal Punishments upon such as do not Conform in their Perswasions to a Rule or Authority which is not only fallible but supposed by the disagreeing Persons to be actually deceived But I consider saith the Bishop that in the Toleration of a different Opinion Religion is not properly and immediately concerned so as in any degree to be indangered It is also a part of Christian Religion Tertullian ad Scapul Humani juris naturalis potestatis unicuique quod putaverit colere sed nec Religionis est cogere religionem quae sucipi sponte debet non vi Heretici qui pace data scinduntur persecutione uniuntur Contra Remp. Dextra praecipue capit Indulgentia mentes Asperitas odium saevaque Bella parit that the Liberty of mens Consciences should be preserved in all things where God hath not set a limit and made a restraint that the Soul of man should be free and acknowledge no Master but Christ Jesus that matters Spiritual should not be restrained by Punishments Corporal Thuanus wisely observes That if you Persecute Hereticks or Discrepants they Vnite themselves as to a common defence if you Permit and Indulge them they divide themselves upon private Interest and the rather if this Interest was an ingredient of the Opinion the reason therefore is much the stronger for this Indulgence In Cases where there is no sin nor disturbance of the publique Peace it is not only lawful to permit but necessary that Princes and all in Authority should not Persecute discrepant Opinions 5. That this right of granting Indulgence is in the King seems also to be warranted from the Common Law of England The Statute before cited recites that by authentique Histories and Chronicles it appears that this Realm is an Empire and both Spiritualty and Temporalty subject to it and that the King is Supream Head thereof 24 H. 8. This being so by the Common Law He as supream Head may grant any Indulgence or Dispensation where the Law doth not forbid the same And I know no Law which forbids the Kings granting of Indulgence in this Case In the time of K. 4 H. 3. 7 H. 3. prohibit 13 15 H. 3. prohibit 15.22 Cokâ— 5. Rep. Eccles Case fol. 1. Hen. 3. and since Prohibitions were frequent and granted as the Kings right by the Common Law. So was the Writing in the Kings Name to the Bishop to absolve a person Excommunicate and to certifie Loyalty of Marriage Bastardy and the like If in these Spiritual matters the King by the Common Law might indulge as to absolve a person Excommunicate and the like he may upon as strong Reason of the Law give Indulgence in the matters now desired We find also in the Annals of our Law Resolutions that the King may exempt any Ecclesiastical person from the Jurisdiction of the Ordinary 17 E. 3.24 and may grant to him Episcopal Jurisdiction and Exemption this was nothing else but an Indulgence granted by the King and that from the grounds of the Common Law. By the Common Law the King may dispense with Ecclesiastical Law 11 H. 7. f. 12. for Pluralities and for a Bastard to be made a Priest by the same ground of Law he may grant the Dispensation and Indulgence which is now desired A Dispensation or a Non Obstante is nothing else but an Indulgence in that particular case according to the Canon Law. And it was the Resolution of all the Judges of England Coke 7 Rep. Case de penal Laws f. 16.37 in the 2d year of King James That the King upon any Cause moving him in respect of time place person c. may grant a Non Obstante to dispense with any particular person that he shall not incurre the penalty of a Statute and this agreeth with Books of Law. Another Resolution was by divers of the Judges 10 Apr. 9 Car. 1. at the Sessions at Newgate That the King may pardon an Indictment upon the Statute of 5 Eliz. and that he may by the Common Law give a License to one to exercise a Trade for all his Life-time although he had not been an Apprentice to it because it is not malum in se but malum prohibitum Upon the same Reason and ground of Law Coke 11 Rep. f. 88. Dispensatio mali prohibiti st de jure domino Regi concessa propter impossibilitatem praevidendi de omâ—i us particularibus Dispensatio est provida relaxatio mali prohibiti utilitate seu necessitate pensata Brittan f. 280. 282 283. Fleta l. 6. c. 8. Coke Comment on Littleton f. 131. the King may grant a License of Indulgence in spiritual matters as well as in those Cases of temporal matters especially when the Indulgence is not desired for any thing that is malum in se but only perhaps Bonum prohibitum It is agreed for Law in another Case in our Books That the Law hath given power to the King that of right he may dispense with a prohibited evil because of the impossibility of foreseeing all particulars which may fall out And that a Dispensation is a provident relaxation or Indulgence of a prohibited evil upon consideration of profit or necessity The right to do this being by our Law in the King comprehends within the same right of the King his granting of Indulgence in matters spiritual By the old Law no Lord or Knight could go beyond Sea because thereby the Realm might be disfurnished of valiant men Yet in that Case the King might by the Common Law grant Licence or Indulgence to any Lord or Knight or other to go beyond Sea and dispense with that Law. But I am not arguing at the Bar a point of Law to cite all Authorities I can meet with for it I only mention a few to the end that by them the reason of the Law and the Application to our present purpose may be the better apprehended I shall therefore forbear to cite more and conclude with this one general ground of our Common Law the wisdom whereof hath thought fit that Acts of Grace and Favour should be in the Right of the King to be dispensed by him for the more obliging of his Subjects and the gaining their affections to him Hence it is that the granting of Exemptions Licences Faculties Dispensations Non-obstante's and the like Acts of Grace are left unto the King and are in his right to grant or deny them as he shall judge fit So it is if a man be convicted of Felony or Treason and hath judgment of Death past upon him by the Law he is to suffer Death yet the Law gives the Power and
E. 1 Rot. fin M◠5. It was a great Indulgence which King John granted to William Marshal to have the Donation of the Pastoral Staffe of the Abbey of Nutlege H. 3. exercised this Right of Indulgence when he forbad that men should not be drawn in Plea out of the Realm E. 1. indulged whom he pleased to go to Rome and indulged his People against the Provisions of the Pope In E. 2. time as frequently before and since were Prohibitions to the spiritual Courts and Indulgences and Licenses granted by the King in cases of Pluralities and Dispensations of several Natures upon the same reason and ground of Law as the present Indulgence is desired In our Law Annals of E. 〈…〉 3. 3. is a Resolution that the King may exempt any Ecclesiastical Person from the Jurisdiction of the Ordinary and may grant him Episcopal Jurisdiction and that this King did so to the religious Houses founded by him An Act of as high exercise of the right of Indulgence in Spiritual matters as may be And indeed all Monasteries and religious Houses in England and elsewhere are testimonies of this right of Indulgence in the King for they all enjoyed such Exemption the fruits of that Right and yet the Spiritual Judges did not think themselves injured thereby The Precedents in R. 2. H. 4. and H. 5. time as to the like Exemptions and granting of Licences dispensing with the then received Law in matters Spiritual are obvious in our Records The like are in H. ◠f. 1. 6. time when it was adjudged that the Popes Excommunication was of no force and his Subjects were much Indulged against them This right of the King was also asserted by that Judgment in his time ◠f. 16. That the King only may grant a License to found a Spiritual Incorporation King E. 4. granted the like Exemptions Dispensations and Licenses in spiritual Matters as his Predecessors had done So did H. 〈…〉 7. 7. and in his time the Judges resolved That the King might dispence with the Ecclesiastical Law for Pluralities and for a Bastard to be made a Priest as hath been remembred King H. 8. not only exercised this right himself but abolished all pretence and practice thereof by the Bishop of Rome as hath been mentioned and procured this to be done and his own right to be acknowledged by the Parliament E. 6. and his Sister Queen Mary exercised the same right only Queen Mary advanced that which her Father and Brother had abolished Queen Elizabeth followed the Precedent of her Brother and in the beginning of her Reign when there was a scarcity of Ministers that would conform to the Reformation and it was difficult to get Preachers after that way the Queen took upon her to give License and Indulgence to Lay-men to Preach publiquely although they were not in Orders And I have been particularly and credibly informed of a Gentleman in Oxford-shire who being High Sheriff of that County about 1 Eliz. whose Grandchild at the writing hereof was the worthy High Sheriff there That the Grandfather by special License from the Queen being a Gentleman of Parts and Learning did himself Preach publiquely to the Judges at the Assizes when he was High Sheriff Nor would the like be more a crime now than it was in those dayes if there were the same necessity but Blessed be God we are more plenteously furnisht We may now look upon some Precedents of our own time such as many yet alive may remember in the times of the late K. James K. Charles 1. c. In King James his time it was Resolved by the Judges That all Proceedings in the Ecclesiastical Courts Ex Officio are for the King for which reason 2 Ja. c. B. Tr. Hall's Case Coke 5 Rep. f. 51. whatsoever the Suit there be the King may Pardon it for those Suits are only to Convict or Punish the Party for the Offence or Fault which the King may Pardon and not for the perticular Interest of the party This Precedent and Resolution seems much to testifie the Kings Right of Indulgence to any of his Subjects whose Opinions in some Ceremonies or other matters of Discipline are different from the Opinions of their Magistrates to which in tenderness of Conscience they cannot conform and for their Non-conformity are Punishable by the Spiritual Judges as they are termed and by other Officers for the Correction of that fault and this the Judges Resolved that the King might Pardon And for the King to grant an Indulgence in these matters is no other but a Pardon of the Offence in them and the particular Interest of no Man is concerned to hinder this Pardon or Indulgence And therefore by this and divers Precedents pursuant to this Resolution the Kings right of giving this Indulgence is affirmed Another Precedent in King James and King Charles 1. time seems to me to have a great resemblance if not to be the same with the Indulgence now discoursed of and therefore I shall be the more particular in the recital of it It pleased those Kings in their Clemency and Wisdom by their Letters Patents under the great Seal of England to grant to divers persons of the French and Dutch Nations Protestants then residing England this Liberty and Indulgence That they in distinct Congregations by themselves and in publique Churches or other Places might meet and exercise the Reformed Religion and Worship of God in such Order and according to such Forms and with such Ceremonies as were or should be agreed upon among themselves and after the Rites and Usages of their particular Churches and Congregations without Conforming to the Order and Ceremonies of the Church of England This Indulgence and Liberty was injoyed by them all the time of King James after the grant of it And under his Son King Charles 1. it was continued and enjoyed also by them and they were not compelled to come to any Parish Church or other place than their own particular Congregations and Assemblies Nor were they at all questioned for the breach of any Law of Conformity but this Indulgence of the King did wholly free them from Penalties of those Laws or molestation in the different Exercise of their Religion The Parliament so far declared their Judgment that this right of Indulgence was in the King that it was one of their Objections against the late Arch-Bishop Laud That he endeavoured to disturb these Dissenting Protestants in their enjoyment of this Indulgence and to have it taken away from them The Arch-Bishop answered That the reason of his so doing was because the first Indulgence being granted to Forreigners and Strangers who fled hither from Persecution and as to a Sanctuary to preserve the Liberty of their Consciences in the Reformed Religion and therefore it was fit and charitable to afford them such Protection and Indulgence But that those who enjoyed it at present were not such persecuted People who fled hither for their Religion
but were the Children and Posterity of those and were now become Natives and Denizens of England and therefore ought to yield the same conformity to the Laws as others of the Kings Subjects did and for that reason in regard of their Non-conformity he said he moved his Majesty to take away that Indulgence from them But this Answer was not approved the King thought fit to continue his Grace and Favour to these Sons of Strangers and to preserve his own right in granting and confirming this Indulgence The Arch-Bishop acknowledged this Right to be in the King by moving him to take it away and the Parliament acknowledged it to be in the King by their not being satisfied with the Arch-Bishops answer to their Charge about it and by their Proceedings in it And the confirmation and continuance of this Indulgence in Spiritual matters to the Children of those Strangers now become Natives of this Kingdom which they justly and deservedly enjoy to this day under the Goodness and Favour of our present Gracious Sovereign is no slender Argument of his Majesties Right to grant the same and to grant the like Indulgence to any other of his Loyal Subjects Another Precedent in our time is upon several Acts of Parliament in the time of Queen Elizabeth and King James â—â— El c 2. â— Ja. c. 4. â— Ja. c. 5. by which all Jesuits and Romish Priests are prohibited from coming into this Realm upon Pain of High Treason and Rewards are given to those who shall discover them here and Forfeitures for saying or hearing of Mass And in these Statutes nothing is mentioned or reserved as to the Kings right of Dispensing with them or granting Indulgence upon them Nevertheless we all know that in our time all along upon Reasons of State for publique Service and Occasions and upon Contracts of Marriage by our Kings with Forreign Princes upon great Advice and publique Treaties it was thought fit and lawful that our Kings should grant Indulgence to such Romish Priests and such a Number of them as was agreed and held expedient for attendance in the Courts of their Royal Consorts And although nothing thereof is mentioned in those Statutes yet no question hath been made upon the Kings right of Indulgence on this occasion but the same remains undisputed and acknowledged And surely upon the same grounds of Reason and Law by which our Kings have and exercise this right of granting Indulgence to the Chaplains and Servants of our Queens though Romish Priests and English-men and no reservation thereof in those Acts of Parliament but this right taken as Inherent in the Crown our King may likewise owe Indulgence to any other of his Subjects differing in smaller matters of Religion There will be no need to mention the Precedents in our time of the late Kings Order That no Children of any of the Nobility should be Marryed without a particular License from the King which he granted and sometimes permitted the Arch-Bishop to grant Nor of the Kings granting of Licenses or Indulgences under the Great Seal to Persons and their Heirs to Eat Flesh on Fasting-dayes and in Lent although in the Statute 5 El. no reservation or mention is of the Kings Power to grant any such Indulgence but he doth it by Vertue of his Supream Right in matters Spiritual That one precedent of the Indulgence granted and continued to those of tâ—â— French and Dutch Protestant Congregations is a very full testimony and acknowledgment of this right to be in the King and that when he pleaseth he may extend and grant the like to any other of his Native and faithfull Subjects of this Kingdom 9. Not only precedents of elder and later and of our own time do affirm this right to be in the King but it seems also warranted to be in him by several Acts of Parliament We may look as high as the time of E. 1. 11 E. 1. c. 32. in the Statute of Carlisle forbidding the Provisions of the Pope without the Kings Licence If then he might grant that Indulgence more strongly he may do it now The Statutes of praemunire doe highly assert the Kings right as do those of Provisions and are before in part mentioned To come to those which seem nearer our matter By the Statute of 25 H. 8. it is enacted That Appeals from places exempt which were to the See of Rome 25 H. 8. c. 19. shall be to the King in Chancery which asserts his right in those matters a fortiori in granting the Indulgence now desired By the Statute in the 26 year of this King it is enacted That the King may order c. as by any spiritual Authority or Jurisdiction ought or may lawfully be Ordered c. If then it did or doth belong to any spiritual Jurisdiction to grant Indulgence in spiritual matters it is by these Statutes given unto the King. But the Pope practised to grant Indulgences in greater matters than any upon earth even to the Pardon of sins and freeing Souls out of Purgatory which will not be taken as a precedent And as the Law of the Church was before this Statute taken he might lawfully grant Indulgence in any spiritual matters whatsoever and indulge any Non-conformity It therefore follows that by this Act the King hath the same right and may lawfully order and grant Indulgence in the matters for which the same is now desired By the Statute 28 H. 8. is recited That the Bishop of Rome 28 H. 8. c. 16. for profit used to grant to the Kings Subjects divers Authorities Faculties Licenses Indulgences c. And it enacts that all Dispensations from the Sea of Rome shall be voyd and that the effects and contents of Bulls Faculties c. purchased of the Sea of Rome which shall be allowable shall be confirmed under the Great Seal By the Judgment of this Parliament this right of Indulgence was declared and enacted to be in the King And that such Indulgences c. as were necessary and allowable for the people to have whereof the King was Judge should in the effect of them be passed under the Great Seal that is by the King whose Warrant to the Chancellor doth authorize him to pass a Grant under the Great Seal accordingly The Statute of 1 El. reeites that in H. 8. time divers good Laws 1 El. c. â— were made for the extinguishment of all usurped and forreign Powers and Authorities and for the restoring and uniting to the Imperial Crown of this Realm the ancient Jurisdiction thereto belonging by reason whereof the Subjects ever since enjoyed good order and were disburthened of the intollerable Charges and Vexations so usurped on them That Act abolisheth all forreign Jurisdiction Spiritual or Ecclesiastical within this Realm and Enacts That such Jurisdiction Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority had heretofore been or lawfully might be exercised or used for the Visitation of the Ecclesiastical State
and Persons and for Reformation under and correction of the same and of all manner of Errors Heresies Schisms Abuses Offences contempts and enormities should for ever by authority of that Parliament be united and annexed to the Imperial Crown of this Realm I shall still forbear to mention that arrogancy of granting Indulgences to reach to Eternisy to pardon Sin at which every sober Christian may grieve and will readily agree it not to be within this Act. Nor will it be denyed but that the Pope practised here the granting of Indulgence to whomsoever he pleased and in any spiritual matter whatsoever and as the Law was then taken and submitted unto he was held lawfully to exercise that Jurisdiction If it were so then the same Jurisdiction and right of Indulgence so exercised by the Pope is now by this Act annexed and united to the Crown and the King possessed and re-invested in his ancient Right and the same may be accordingly exercised by him And the Power by this Act to order Errors Schisms c. will comprehend the granting of Indulgence which some hold to be the best and safest way to order Errors and Schisms and doubtless if there ever were a right of Indulgence exercised in this Realm by any lawful power the same is by this Act vested in the King. But I shall thus briefly pass by others and come to that Act of Parliament which in express terms seems to allow this Right to be in the King or gives it to him And this is the Statute of 25 H. â—5 H. 8. c. â—1 8. in which there is this clause That the Arch-bishop and his Commissary shall not grant any other Licence Dispensation Faculty c. in causes unwont and not accustomed to be had at Rome nor by Authority thereof nor by any Prelate of this Realm until your Grace your Heirs or Successors or your or their Councel shall first be advertiz'd thereof and determine whether such Licences Dispensations c. in such Cases unwont and not accustomed to be dispensed withall or allowed shall pass or no. And if it be determined by your Grace your Heirs or Successors or your or their Council that Dispensations Licences or other writings in any such case unwont shall pass then the Arch-bishop or his Commissary having Licence of your Highness your Heirs or Successors for the same by your or their Bill assigned shall dispense with them accordingly Provided that Dispensations Licenses c. where the Taxe for expedition at Rome extended to 4 l. or above shall not be put in execution till confirmed by the King under the Great Seal And it enacts that where the Arch-bishop or Guardian of the Spiritualties deny to grant a Dispensation or Licence which ought to be granted the Chancellour shall send an Injunction under the Great Seal commanding it to be granted under a pain which not being obeyed and no just cause certified why it is not done the Bishop or Guardian of the Spiritualties shall forfeit such Penalties And the King after due Examination that such Licences Faculties or Dispensations may be granted without offending the Holy Scriytures and laws of God may by Commission under the Great Seal to two spiritual Prelates or other Persons to be named by him authorize them to grant such Licences And it gives power to the King for the ordering redress and reformation of Indulgences formerly obtained at Rome and such of them as shall seem good and reasonable for the honour of God and the weal of his People and such order shall be observed This Statute in plain terms gives the right of granting Indulgence 1. Where the cause is unwont and unaccustomâ—d 2. Where it is a cause of Importance as all will agree the Indulgence now desired to be 3. Upon a Denyal of the Bishops who will hardly take upon them to grant an Indulgence in the matter In all these Cases by the plain words of this Act the Power and Right of granting such Indulgence is clearly in the King to whom this Statute gives it in express words if it were not in him by the former Acts or as indeed it also is by the Common Law of England CHAP. VII The Answer to Objections against this Right of the King. 1. IT is objected That if this Right should be in the King object and he should exercise the same it would be a countenance and incouragement of Schisms and Divisions in the Church To which is answered That the Persecuting of different Opinions answ is that which causeth the Schism not the dissenting in Opinion for if one be a Non-conformist he troubles nor disquiets no others by his Nonconformity if they let him alone he is satisfied But when he is troubled or punished because he differs in opinion from some in Power this causeth the Rent or Schism in the Church which otherwise would be whole the Persecutors cut off the Dissenters from them and are most properly to be termed the Schismaticks But admitting these whom the Persecutors call so to be Schismaticks yet to indulge them so as that they shall not be punished is no more to incourage their Opinions than it is to incourage the wearing of Scarlet when men are not punished for wearing of that or of any other colour The way to countenance and incourage any thing except by rewards and perferments will hardly be found effectual the not punishing is no reward and the not punishing of Non-conformity will not be found such a reward or bait as to countenance and incourage Schism But admit the Prince upon Emergencies of State should evidently see it necessary to countenance or incourage Non-conformists and that the same would much tend to the preservation of the Publick peace to grant indulgence to them without which it might be endangered If this Right of Indulgence should be denied him the duty of common preservation could not be expected from him the requisites and powers necessary thereunto not being allowed to him 2. Another Objection is object That if the King should exercise this Right of Indulgence it would be a hindrance to that most desirable thing in the Church of Christ Vniformity To which is answered answ That no good Christian but will heartily pray and endeavour for this uniformity Lord St. Albans Essay of Unity in Religion yet as the Chancellor Bacon notes Vnity and Vniformity are Two things One of the Fathers observes That Christs Coat indeed had no Seam but the Churches Vesture was of divers Colours there may be an Unity though not a strict Uniformity It is a good and pleasant thing to dwell together in Vnity Psal 133.1 Eph. 4.3.13 and we must endeavour to keep the Vnity of the Spirit in the Bond of Peace which surely is most broken by Persecution There is no way but in the unity of the Faith and knowledg of the Son of God to come unto a perfect man to the measure of the Stature of the fulness of Christ But
Matt. 18.7 Christ tells us That offences must come but Wo to that man by whom the offence cometh Surely the offence cometh more by him that persecuteth than by him that pardoneth and to differ from another in opinion is no more justly an offence than to differ in countenance notwithstanding which difference in countenance yet all are of one unity and uniformity as men All Vines Philip Nye Beams of former Light. Cedars every Plant and every Herb every Beast and Bird are uniform in their Kind though there besome difference in each of them So it is with gracious and holy men being a holy Seed and having this Seed remaining in them their conversation for the substance is the same and so is their profession of Religion notwithstanding some Minute differences as Bishop Taylor calls them and it is so visibly uniform and the same as the blind World can distinguish them from other men So also in this part of their conversation their Service of God in his Ordinances if the Institutions of Christ and whatsoever he in his Word hath prescribed as necessary means and circumstances from more general rules be observed you will have a natural free and comely uniformity and more to the Glory of God than to have all by External injunctions cast as it were in an artificial Mould such a forced Conformity in all Ages hath been the occasion of greatest differences and disturbances The neglect of Scripture Rules which guide and direct an uniformity in matters of substance and great consequence and by Canons and Injunctions and other ways to erect an uniformity in matters of doubtful dispute and not of much concernment if they were cleared The pretence of Uniformity and upon that account taking liberty to impose doubtful Traditions hath been in all Ages an Utensil in the hand of Church Governours by which they have exercised greatest Tyranny One Council decrees That all Ministers must live single lives for Uniformity Bellarmin disputes to have the Service in the same Language in all the Popes Dominions for Uniformities sake And what thing be it never so absurd but may be brought into this List There is an Uniformity arising from the Virtue of internal Principles as also from an external mould or frame the one is free and natural the other compelled and forced Uniformity from internal Principles is an excellency in Nature and in Grace also No necessary Uniformity for the beauty and good of the Church is hindred but advanced by the King 's Right to grant Indulgence in Spiritual matters And surely no Person can be so proper and so fit a judge to discern and determin when this Uniformity is most beautiful and most to be desired and how far and when it is to be pressed or indulged for the Churches good as the Prince himself is 3. Some will also object object That it would cause discontent for the King to exercise this Right of Indulgence That those who are for Uniformity and Conformity would be disturbed at it In answer to which may be said Answ That surely much more discontent will arise and more cause be given for it by punishing than by pardoning The one will give too much cause the other gives no just cause of any discontent The Wisdom of the King will more consider the cause of discontent than the discontent it self and would himself have most cause of discontent to be denied so great and necessary a Right and so much conducing to the peace and welfare both of himself and also of all sorts of his Subjects and without which he can hardly preserve either Doubtless the best way will be to discontent as few as may be especially in a time when discontents are too rife and too apt to rise and that will be found the way to content them which allows them their most desired Interest in this World their liberty by this Indulgence Those who are punished for what they hold their Right will be too apt and too much provoked to discontent and to esteem it an issue of Pride more than of Piety and of Domineering more than of Meekness to impose upon our Christian Brethren And may one not be as justly discontented because a fair hair'd man is not punished when himself is brown as because one is not punished for disliking a Ceremony with which the imposer is pleased It will be found undeniable that Meekness and Indulgence to such Dissenters will remove discontents unite affections and be security both to Prince and People 4. Object Another Objection is That if this Right be in the King and he be pleased to exercise it by granting Indulgence to those who disobey the Laws that this will be to countenance disobedience in this and other matters of the like nature The Law is that every one shall conform to the Ceremonies of the Church these Dissenters will not conform but disobey the Law and if they be indulged herein they are countenanced in their disobedience and by this Example others will be incouraged and expect indulgence in their disobedience in other cases which may prove dangerous to Government To this is answered Answ That whether the granting or denying of this indulgence will most endanger the Government is to be left to the judgment of the King who is the Supream Governour The Swedes call a Governour Styrer Skib the stearer of a Ship the Latin word Gubernator * Cicero 1 4. de sin Et si in ipsa gubernatione negligentia navis est eversa 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 have the same signification and if the Steersman be not permitted to judg what course the Ship shall steer it will prove dangerous The Hebrew word Tachan to order prepare to weigh number and preponderate refers this to the King. But I cannot admit Nonconformists to be disobeyers of the Law. As to instance in a particular The Law saith That every one shall come to Church to hear Common-prayer or else shall pay such a penalty He that pays the Penalty doth as much obey the Law as he that hears the Common-prayer the one is agreeable to the Law as well as the other either men must hear or must pay those that hear and those that pay do equally obey the Law. If then the King indulge those who do not hear that they shall not pay it is no countenancing of disobedience because there is no disobedience in the case It is only a dispensing with that punishment which is imposed for an offence to the King which he may pardon or a remitting of that penalty or payment which is given to him Every common person may do the same if Ten pound be given to a man he may if he please remit it and if one recover Money in an Action and have judgment for it he may if he please forbear to take the Defendant in execution or to levy the damages which the Law gives him By the same reason the King may