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A06555 The English iarreĀ· or disagreement amongst the ministers of great Brittaine, concerning the Kinges supremacy. VVritten in Latin by the Reuerend Father, F. Martinus Becanus of the Society of Iesus, and professour in diuinity. And translated into English by I.W. P.; Dissidium Anglicarum de primatu Regis. English Becanus, Martinus, 1563-1624.; Wilson, John, ca. 1575-ca. 1645? 1612 (1612) STC 1702; ESTC S121050 28,588 66

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them to Idolatry Shall they then obay these Princes commaund ●ut then should they do against their Consciences Shall they refuse to obay Then farewell Primacy of the Church Perhaps they will answere that they will obay when they thinke good Shall therfore subiects be Iudges of their Kings May then the Catholickes in England say after this manner If it pl●ase your Maiesty in this point we thinke good to obay your Maiestyes commaund but in that not XIII Question VVhether the King may constraine his Subiects to take the Oath of Prmacy or no 1. HITHERTO haue we treated of the Iarring disagreement of our Aduersaries abou● the nature offices origen of the King● Primacy Now there remaineth a certaine practicall question which toucheth the Consciēce to the quicke to wit whether the King may constraine or force his Subiects to sweare that they acknowledge his Kingly Primacy wherof we haue spoken before Or whether they will acknowledg the King as Primate and supreme Head of the Church of ●ngland vnto whome as vnto their Primate supreme Head they will promise fidelity no lesse in Ecclesiasticall and Spirituall matters then in Politicke and temporall This question hath two points The first whether the King of England doth de facto exact or hath at any time exacted such an Oath of his subiects The other is whether his subiects are bound in conscience to take such an Oath if the King should exact the same Of both these points seuerally I meane to speake a word or two The first Point 2. The first point then is Whether the King of England doth exact or at any tyme hath exacted such an Oath of his subiects It is manifest that K. Henry the 8. did For so wryteth Doctor Sanders in his booke of the Schisme of England Laurentius Cocchus Prior Coenobij Dancastrensis vnà cum tribus Monachis duobus laicis Aegidio Horno Clemente Philpotto quòd nollent Ecclesiasticum terreni Regis Primatum iuratò confiteri exclusi è terris ad caelestem aeterni Regis gloriam transmissi sunt Laurence Coch Prior of the Monasterie of Dancaster togeather with three Monkes and two Laymen Giles Horne and Clement Philpot for that they would not sweare to the Ecclesiasticall Primacy of a temporall King being excluded from earth were transl●ted to a celestiall glory of the eternall King c. And then againe Proponebantur eis noua Comitiorum Decreta iubebantur iureiurando affirmare Regem Ecclesiae supremum esse Ca●ut The new decrees of the Parlament were propounded vnto them they were commaunded to sweare the King to be supreme Head of the Church c. 3. Now that Queene ●lizabeth the danghter followed heerin her Father K. Henry it is manifest by the forme of Oath that she exacted of her subiects which is this ●go A. B prorsus testificor declaro in conscientia mea Reginam ●sse solam supremam Gubernatricem istius Regni Angliae aliorū omnium suae Maiestatis dominiorum regionum non minùs in omnibus spiritualibus atque Ecclesiasticis rebus vel causis quàm temporalibus Et quòd nemo externus Princeps Persona Praelatus Status vel Potentatus aut facto aut iure habet aliquam iurisdiction●m potestatem superioritatem praeeminentiam vel authoritat●m ●cclesiasticam aut spiritualem in hoc Regno Ideoque planè renuntio repudio omnes forinsecas iurisdictiones potestates superioritates atque authoritates c. I A. B. do verily testify and declare in my conscience that the Queene is the only supreme Gouernesse aswell of this Kingdome of England as of all other her Maiesties dominions and count●eys aswell in all spirituall and Ecclesiasticall matters and causes as in temporall And that no forrayne Prince Person Prelate State or Potentate hath eyther by fact or right any Iurisdiction power superiority preheminence or authority Ecclesiasticall or spirituall in this Kingdome And therfore I do vtterly renounce and abandone all forrayne Iurisdictions powers superiorities and authorityes c. 4. The very same also doth now King Iames who byndeth his subiects not with one Oath alone but with two to wit of Supremacy and Allegiance The former Oath of Supremacy beginneth thus Ego A. B. palàm testor ex conscientia mea declaro quod Maiestas Regia● vnicus est supremus Gubernator huius Regni omniumque aliorum suae Maiestatis dominiorum territoriorum tam in omnibus spiritualibus siue Ecclesiasticis rebus causis quàm in temporalibus Et quòd nullus extraneus Princeps Persona Praelatus Status aut Potentatus habet aut habere debet vllam iurisdictionem potestatem superioritatem praeeminentiā vel authoritatem Ecclesiasticam siue spiritualem intra hoc Regnum c. I A. B. do publikely testify and in my conscience declare that the Kings Maiesty is the only supreme Gouernour of this Kingdome and of all other his Maiesties dominions and territories as well in all matters and causes spirituall or Ecclesiasticall as in temporall And that no forraine Prince Person Prelate State or Potentate hath or ought to haue any Iurisdiction power superiority preheminence or authority Ecclesiasticall or spirituall within this Kingdome c. The later Oath called of Allegiance beginneth thus Ego A. B. verè sincerè agnosco profiteor testificor declaro in conscientia mea coram Deo Mundo qùod supremus Dominus noster Rex Iacobus c. I A. B. do truly and sincerely acknowledg professe and testify in my conscience before God and the world that our Soueraigne Lord King Iames c. 5. Bo●h these Oathes are set downe at large in his Maiesties Apology and in both of them his subiects are required publickely and openly to professe acknowledge● that King Iames is the supreme Gouernour and Lord of all England not only in politicke and temporall matters but in spirituall and Ecclesiasticall also And that neither the Pope nor any other forrayner hath any power or Iurisdiction in or ouer the Church of ●ngland Againe the former of these Oathes was brought in by King Henry the 8. as his Maiesty confesseth in his Apology in these words Sub Henrico octauo primùm introductum est Iuramentum Primatus sub eo●ue Thomas Morus Rof●ensis supplico af●●cti idque partim ob eam causam quòd Iuram●ntum illud recusarent Ab eo deinceps omnes mei Praedecessores quotquot sunt hanc Religionem amplexi idem sibi aut non multò secus asseruerunt c. The Oath of Primacy was first brought in vnder K. Henry the 8. vnder whome Syr Thomas More and the Bishop of Roc●ester were beheaded and that partly because they refused that Oath From him all my Predecessours downward as many as haue imbraced this Religion did retayne the same Oath or not much different vnto themselues c. Now the later Oath was inuented by K. Iames himselfe The second Poynt 6. The Question then is whether all
the Kings subiects in England are bound in conscience to take both these Oathes as often as the King shall exact the same Or whether they should suffer imprisonments torments and death it selfe rather then sweare Concerning the former point the Catholikes doubt nothing for that they haue certainly and firmly determined rather to loose their liues together with the glorious Martyrs Syr Thomas More and the Bishop of Rochester then to ad●it the Kings Primacy and abiure the Popes Now concerning the later Oath there hath byn some doubt made these yeares past For that some Catholikes who perceaued not the force and scope of that Oath did a little stagger at the beginning whether they might with a safe cōscience sweare therto or no. Which doubt of theirs notwithstanding did not last long but was soone taken away by Pope Paul the fifth and Cardinall Bellarmine For the Pope forthwith directed two Apostolicall Breues to the Catholikes of England and the said Card. wrote a letter to M. Blackwell then Archpriest of this affaire Both Pope and Cardinall do deny that the said Oath may be taken with a safe Conscience And their reason is this Because no man with a safe conscience● can deny the Catholicke faith But he now who should take this Oath proposed by the King should deny the Catholicke faith though not generally yet in ●art so far forth as belōgeth to some one article therof Ergo no man with a safe cōscience can take this Oath 7. This reason being very sound all good Catholicks admit but our aduersaries do not I in fauour and consolation of the Catholicks haue determined to adioyne heerunto two other reasons especially against the Oath of Supremacy which by the Aduersaries cannot be reiected The first is this No man is bound in Cōscience to sweare that which is eyther apparently false or at leastwise doubtfull But that the King is Primate and supreme head of the Church and for such to be obeyed not only in temporall but also in Ecclesiasticall matters is eyther apparently false or at leastwise doubtfull Ergo no man is bound in Conscience to sweare the same The Maior is euident of it selfe for that it is not lawfull to affirme any thing which is eyther false or doubtfull and much lesse to sweare the same The Minor is proued thus For that is it iudged apparently false aswell amongst the Caluinists as amongst the Catholicks that the King is Primate and supreme head of the Church But now amongst the Caluinists of England who adhere vnto the King the same is called into doubt For that some of them affirme others deny these points following 1. That the King is Primate of the Church 2. That he is supreme head of the Church 3. That he hath Ecclesiasticall Primacy ouer the Church 4. That he hath power iurisdiction Ecclesiasticall 5. That the K. by his owne proper Authority may assemble Councells or Synods and sit as chiefe Head or President therin 6. That he can confer benefices or Ecclesiasticall liuings 7. That he can create and depose Bishops 8. That he is Iudge in Controuersies of faith c. So as truly if these and the like points be doubtfull and vncertaine amongst those who adhere vnto and fauour the King seing that some deny them some affirme them it followeth necessarily that the Kings whole Primacy is an vncertaine thing What rashnes then and imprudency is it to go about to bynd Catholicks in their Consciences to sweare that which they themselues do affirme some of them to be false some others to be doubtfull 8. I will explicate more distinctly that which I haue said The Oath of the Kings Primacy doth contayne so many parts as there be or are thought to be Offices and functions of the Kings Primacy The offices then eyther are or are thought to be diuers as we haue seene before to wit to assemble Synods to enact and decree Ecclesiasticall lawes to conferre benefices to cre●te Bishops to determine controuersies of faith and the like Therfore diuers are the parts of the Oath of the Kings Supremacy Of these parts then let vs take one of them by it selfe to wit this I A. B. do sweare in my conscience that I will be faithfull and obedient vnto the King as often or whensoeuer he shall by his owne proper authority create Bishops whom he will and againe depose from their office or dignity whome he will c. If this part only of the Kings Offices should be exacted of all his Maiesties subiects in England what do you thinke would be done Would all trow you yea they who most adhere now vnto the King sweare this Let them sweare that would M. Tooker I am sure if he be a constant man would not For that he denyeth the creation and deposition of Bishops to belong any way vnto the King And if so be that he who otherwise acknowledgeth the Kings Primacy at least in words would not sweare heerunto how then should Catholicks be compelled to do the same who doe in no wise acknowledge it And what I haue said concerning this point the same may be also said of the rest 9. My other reason is this King Iames doth often protest that he claymeth no more right or Inrisdiction ouer the Church then did the Kings in the old Testament in ancient times and therfore that this his Primacy must be contayned within the same lymits termes that theirs was in the old Testamēt But the Kings in the old Testament could not compell their subiects to sweare such an Oath as this I A. B. do openly testi●ie and in my conscience declare that Ieroboam is the only supreme Gouernour of this Kingdome of Israel aswell in spirituall as temporall matters And that no forrayner hath any iurisdiction power superiority preheminence or authority in this Kingdome c. Ergo neyther King Iames can inforce his subiects to take such a like Oath The Maior is manifest out of his Maiestyes owne words in his Apology The Minor I thus explicate After the death of King Salomon his Kingdome God so disposing was deuided into two parts wherof one conteyned ten Tribes the other two So as by this meanes they became two distinct Kingdomes afterwards therin raigned two distinct Kings one wherof had no dependance of the other in temporall gouerment One was called King of Israel the other King of Iuda and both of thē had successours in their kingdomes The first Kings that ruled after the diuision of the kingdome made were Ieroboam King of Israel Roboam King of Iuda In eyther kingdome were Priestes and Leuites But the high or Chiefe Priest could not reside in both Kingdomes but only in one and that ordinarily in Iuda yet notwithstanding he was Head of all the Priestes Leuites that remayned in both Kingdomes Neither could Ieroboam lawfully say vnto his Priests and Leuites You shall not obey the High Priest that resideth in the Kingdome of Iuda but you shall obey me
statuchatur vt si quae p●rsonae in L●uitico non prohibitae solo cons●nsu per verba de praesenti matrimonium nulla carnis copula subsecuta contraxerint●eae verò ambae postea vel earum altera nuptijs cum altera persona in L●uitico non prohibita contractis ca●nali copula easd●m consumma ●erint hae post●riores quas firmasset copula non priores illae quas solus cons●nsus sta●u●ss●t ratae atque legitimae haber●ntur adeo vt cùm olim iuris Gentium fuiss●t Regula Nuptias non concubitus sed consensus facit ●am dein●●ps H●nrici r●gula esse coeperit Nuptias non consen●us sed concubitus facit Et tam●n ips● Legis-lator contra suam ipsius regulam vxorem Annam Cliu●ns●m cuius nuptias non solo consensu sed sept●m etiam mensium concu●itu firmau●rat eo solùm praetextu r●iccit i●saque viu●nte aliam superinduxit quòd alt●ri nes●io cui cons●nsum antea praebuisse fin●●r●tur Huius ergo legis tantop●re postea puduit ipsos Prot●stant●s vt mortuo Henrico eam ipsi r●uocauerint atque irritam f●c●rint c In these dayes the most vigilan● Pastor of the Church K. H●nry that it might be knowne to posterity what woman were lawfully married to another enacted a perpetuall law concerning Marriage authorizing the same by publicke Decree of Parlament wherin it was orda●ned that if any persons not prohibited in the Leuiticall law should contract marriage by only consent and by words de praes●nti no carnall copulation following the same and that the said persons or eyther of them ●hould afterward contra●t with another person not prohibited in the Leuiticall law consumm●te the same by carnall copulation that then these later contractes which were consūmated by carnall copulation not the former that were agreed vpon by only consent should be accompted for good and lawfull In so much tha● wheras the rule of the law of Nations in old tyme was That consent not carnall copulation did make the marriage lawfull now heereafter by the law of K. Henry it began to be a rule That carnall copulation not consent did make marriage lawfull And yet for all this the law-maker himselfe K. Henry did against his owne proper rule and law reiect Anne of Cleeue his wife whose marriage was not only contracted by consent alone but consummated also by seauen moneths carnall copulation vpon this only pretence that she had giuen her consent to another before I know not whome and vpon this fiction he married another she yet remayning aliue And of this law afterward the Protestants themselues were so much ashamed that after K. Henryes death they recalled and disanulled the same c. 2. Concerning his Vicar Generall Cromwell thus wryteth also the said Doctor Sanders in the same booke Septembri mense authoritate sua Vicaria Canones quosdam Ecclesiasticos quos Iniunctiones vocabat sigillo Vicariatus sui munitos Archiepis●opis Episcopis Abbatibus reliquo Clero praescripsit in quibus praeter cetera iube●antur Parochi sub grauissimis poenis vt Orationem Dominicam cum salutatione Angelica Symbolum item fidei decem Decalogi praecepta aliaque huiusmodi Anglicè in posterum in Ecclesijs docerent In the moneth of September K. Henryes Vicar Generall by the authority of his Office prescribed certayne Ecclesiasticall Canons which he called Iniunctions signed with the seale of his Office of Vicar-Generall to the Archbishops Bishops Abbots and the rest of the Clergy wherin among●t other things the Pastors of C●urches were com●●nded vnder most seuere punishmēt herafter to read in their Churches the Lords prayer the Aue Mary the Creed and ten Comaundements in English c. 3. Now our English Aduersaries that wryte in these daies of the Kings Supremacy do not agree in this point For that some of them say that the enacting of decreeing of Ecclesiasticall lawes doth by diuine right belong vnto Bishops others say that it belongeth to Kings and Emperours The first opinion holdeth M. Tooker pag. 42. of his booke where he saith that the Apostles in the first Councell at Hierusalem did enact this Ecclesiasticall law Visum est Spiritui Sancto nobis nihil vltra imponere vobis oneris nisi haec necessaria vt abstineatis vos ab immolatis simulachrorum sanguine suffocato It hath seemed good to the holy Ghost and to vs to lay no further burthen vpon you then these necessary things that you abstayne frō the things immolated to Idols and from bloud and that which is strangled c. And this saith he the Apostles did by diuine right The other opinion holdeth M. Tompson pag. 80. where he affirmeth that Bishops and Councels cannot enact or decree any Ecclesiasticall law which hath the force of law vnlesse Kings and Emperours consent therunto His words are these Decreta Conciliorum Patrum Ecclesiasticis Censuris 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 tantùm stetiss●nt nisi legum vim Caesarea aura ipsis afflasset The Decrees of the Councels and of the Fathers had bene held but only for Ecclesiasticall censures and penalties vnlesse the Emperours fauour had imparted the force of lawes vnto the said Decrees c. 4. Heere now the Iarre is euident For without doubt that Ecclesiasticall law which the Apostles decreed had the force of a law for that so much is gathered out of these words Visum est nihil vltra imponere vobis oneris nisi haec necessaria It hath seemed good to lay no further burthen vpon you then these necessary things c. But this Ecclesiasticall law had not it force from any fauour of the Emperor seing that neither Tyberius nor Pilate nor Herod nor any other fecular Prince which then liued did by his fauour authorize the force of the law but that it came from the Apostles themselues For that they by their Apostolicall authority and power which they had receiued from Christ did decree and promulgate that law And the same power authority haue Bishops now a dayes not Kings nor Emperours VIII Question vvhether the King by his owne proper authority may conferre collate or bestow Ecclesiasticall benefices 1. THAT the King may conferre Ecclesiasticall liuings M. Henry Salclebridge affirmeth pag. 121 in these wordes Christiani Principes in suis R●●ni● 〈…〉 authoritate ben●ficia contul●runt 〈…〉 in their owne Kingdomes by their owne proper authority haue giuen or bestowed benefices and that to their praise c. And then againe pag. 150. Audin I●suita non modò collationes ben●ficiorum ad Angliae Reg●s sp●c●are sed ad eosd●m illos spectare vti Ecclesiae Anglicanae Primates vel supremos Ordinarios c. Do you heare Iesuite the collation of benefices doth not only belong to the Kings of England but also it doth belong vnto them as they are Primates or supreme Ordinaries of the Church of England c. And yet more Rex ratione supremae suae Ecclesiasticae iurisdictionis praesentabit ad liberas Capellas