King hath Power of the same order with the Bishops and Ministers of his Church But this now according to M. Tompsons opinion is an error wherefore eyther they doe erre or speake improperly 3. The other is that a Coniecture may be made of the thing signified from the word signifying The word Supremacy is a new and lately inuented word vnknown to the Ancient Fathers not vsed in Scriptures vnheard of in the Christian world Moreouer what doth it signify The Supreme power forsooth of the King in the Church Wherefore this is new also Surely if the ancient Fathers eyther Latin or Greeke had knowne this power they would haue found out at least some word wherby to haue expressed the same properly But this it seemes none of them did II. Question vvhether that this Primacy which the King hath in the Church be Ecclesiasticall or Spirituall 1 THIS is now another Iarre Vnder King Henry the 8. and King Edward this Primacy was alwaies called Ecclesiasticall and Spirituall as it appeareth out of Doctor Sanders whose words are these Caluinus Henrici Primatum Ecclesiasticum oppugnauit Caluin did oppugne King Henryes Ecclesiasticall Primacy Againe Episcopus Roffensis quòd Henrici Primatum Ecclesiasticum nollet confiteri ad mortem producitur The Bishop of Rochester because he denyed King Henryes Ecclesiasticall Primacy was brought forth to dye c. And againe Multi in custodijs propter negatum Ecclesiasticum Regis Primatum detenti Many were kept in prison for denying the Kings Ecclesiastical Primacy In like manner Henricus mandauit vt filius in fide Catholica educarâ—tur excepto Primatus Ecclesiastici titulo quem ei râ—liquit King Henry commaunded that his Sonne Edward should be brought vp in the Catholick faith excepting the title of Ecclesiasticall Primacy which he left vnto him And yet more Stephanus Wintoniâ—nsis Edmundus Londinensis Cuthbertus Dune mensis Nicolaus Wigorniensis Daius Cicestrensis â—piscopi timidè restiterunt puâ—ri Regis Primatui spirituali imò simpliciter subscripserunt The Bishops of Wincâ—ester London Durham Worcester and Chichestâ—r did fearfully withstand the Spirituall Primacy of the Child King nay they absoluâ—ly subscribed therunâ—o c. 2. Vnder Queene Mary that succeeded to her brother King Edward in the Crowne this Title of Primacy was taken away in a Parliament held at London as witnesseth Iacobus Thuanus in the 9. booke of the History of his tyme in these words Antiquatus ijsdem Comitijs Primatus Ecclâ—siastici titulus The title of Ecclesiasticall Primacy was abolished in that Parliament The same was againe restored vnder Queene Elizabeth as testifieth the same Author in his 15. booke c. 3. But now in these our dayes vnder King Iames this matter is called into question Some not daring to call it Primacy Ecclesiasticall and spirituall but only Primacy belonging to Ecclesiasticall and Spirituall mattâ—rs amongst whom is M. Doctor Andrewes or the Kings Chaplaine in his Torture of Tortus pag. 90. where he writeth thus Nâ—que vâ—rò quoad spiritalia alium nos Regi Primatum tribuimus neque quoad temporalia alium Pontifici detrahimusâ— quam dâ—bâ—mus Prior ille Regibus omni iure posâ—erior hic Pontifici nullo iure debetur Neyther do we attribute one Primacy concerning spirituall matters vnto the King nor do we take from the Pope any other Primacy concerning temporall matters then we ought to do The first is due vnto Kings by all right the later no way pertayneth to the Pope c. I when I first read these wordes in the Chaplaynes booke did thinke that he had taken these two to wit Primacy spirituall belonging to spirituall as also these other Primacy temporall belonging to temporall for one and the same thing But now it seemes that the Defenders Interpreters of the Chaplaine to wit M. Tompson and M. Burhill do take it otherwise For so writeth M. Burhill pag. 55. of his Booke concerning this point Non dicit Primatum spiritualâ—m sed Primatum quâ—ad spiritualia dâ—bâ—ri Regibus omni iure He the Chaplaine doth not sâ—y that Spirituall Primacy but Primacy belonging to Spirituall is due vnto Kings by all right c. And then againe pag. 133. in fine Eâ—si â—nim Râ—gi tribuimus Primatum in â—cclesia non tamâ—n Primatum spiritualem aâ—t Ecclesiastiâ—um â—i tâ—ibuâ—mus sâ—d potâ—us â—rimatum quoad res personas spirituales Ecclesiasâ—â—cas For although we giue vnto the King Primacy ouer the Church â—et do we not giue vnto him Primacy spirituall or Eccleâ—iâ—â—ticall but rather Primacy belonging to things and persons spirituall and Ecclesiasticall c. And M. Tâ—mpson pag. â—â— of his Booke also saith Non dixit Primatum Ecclesiasticum aut Spiritualem quasi formaliter intelligat sed quoad Spiritualia id est obiectiuè materialiter The Chaplaine said not the Primacy Ecclesiasticall or Spirituall as though he vnderstood it formally but for so much as it belongeth to Spirituall that is to say obiectiuely and materially c. In which sense the same Author pag. 95. saith Dicimus Regem gubernare quidem Ecclesiastica sed non Ecclesiasticè We say indeed that the King gouerneth Ecclesiasticall things but not Ecclesiastically 4. So as if you aske in England whether the King hath Primacy Ecclesiasticall or no It wil be answered you thus King Henry K. Edward and Q. Elizabeth had Ecclesiasticall Primacy K. Iames hath not Primacy Ecclesiasticall but only so far forth as it belongeth to Ecclesiasticall things Hath then his Maiesty that now is lesse then they had So it seemes Is then the Kings Primacy in England so nipped and pared in so short a space So they say Is it then almost decayed and at an end I doubt not but it is What is the cause Hearken to the coÌ„mon saying What 's quickly got is quickly lost as also to that of the holy Scripture Si est ex hominibus consilium hoc aut opus dissoluetur Act. 5.38 If this deuise or worke be of men it will be dissolued III. Question VVhether the King by vertue of this Primacy may be called Primate of the Church MAISTER Henry Salclebridge doth absolutely affirme it For thus he writeth pag. 140. Dico Regem Angliae Ecclesiae Anglicanae Primatem esse I say that the King of England is Primate of the Church of England Nay he will haue this point to be so certayne and out of all doubt that he thinketh whosoeuer should deny it to offend against the publike Profession of England For so he saith pag. 177. Angliae Regem Anglicanae Ecclesiae Primatem esse in professione publica Anglicana Veritatis saâ—ris litteris nixae ponitur That the King of England is Primate of the Church of England is founded in the publicke English Profession of Truth grounded vpon the Sacred Letter 2. M. Tooker and M. Burhill do absolutely deny it For thus wryteth M. Tookâ—r pag. 3. Olere autem malitiam ac clamitare audaciam tuam illud videtur cùm Regem Caput Ecclesiae
Primatemque confingas It may seeâ—e to â—auour of malice and cry out vpon your sausines when as you feigne the King Head and Primate of the Church c. And M. Burhill pag. 133. Nec Primatem quidem omnino Regem nostrum dicimus multò vâ—rò minù◠Primatem Ecclesiasticum Neyther do we at all call our King Primate and much lesse Ecclesiasticall Primate c. 3. â—eere hence do I frame a twofold Argument One out of M. Tookers words in this manner He that aâ—â—irmeth the King to be Primate of the Church is a sausy and malicious fellow But M. Salclâ—bridge affirmeth the King to be Primate of the Church Ergo he is a sausy and malicious fellow The other argument I frame out of M. Salclebridges words thus He that denyeth the King to be Primate of the Church doth offend against the publicke Profession of the Truth receyued in England But M. Tooker denyeth the King to be Primate of the Church of England Ergo he offendeth against the publicke profession of the Truth receyued in England So I wâ—s one Mule claweth another 4. But now it may be demaunded whether of them doth iudg more rightly in this case M. Salclebridge who affirmeth the King to be Primate of the Church or M. Tooker that denieth it This controuersy dependeth vpon another question to wit whether these two Names Primate and Primacy are necessarily coÌ„nexed or as they say Coniugata M. Salclebridge thinketh that they are Therfore because he hath once affirmed the King to haue the Primacy of the Church he consequently auerreth that the King is Primate of the Church For that with him this argument hath force à Coniugatis The King hath Primacy Ergo the King is Primate As also this The Chaplaine hath a Bishopricke Ergo he is a Bishop 5. Now M. Tooker he thinketh the contrary For pag 6. of his booke he expressely saith That the King hath the Primacy of the Church but yet he is not the Primate of the Church And contrariwise The Archbishop of Canterbury hath not the Primacy of the Church and yet is he Primate of the Church So as he denyeth these two consequeÌ„ces à Coniugatis to wit 1. The King hath the Primacy Ergo he is Primate 2. The Archbishop is Primate Ergo he hath the Primacy And perhaps he will deny these in like manner 1. The Chaplayne hath a Bishopricke Ergo he is a Bishop 2. M. Tooker is a Deane Ergo he hath a Deanery IIII. Question VVhether the King by reason of his Primacy may be called Head of the Church THIS Title first began to be vsurped of King Henry the 8. as all Authors aswell our owne as our aduersaryes do testifie For thus wryteth Iacobus Thuanus in his first booke of the Historyes of his times Henricus post diuortium se Caput Ecclesiae constituit K. Henry after his diuorce from Q. Catherine made himselfe Head of the Church c. And Polydor Virgil lib. 27. of his History of England saith Interea habetur Concilium Londini in quo Ecclesia Anglicana formam potestatis nullis antè temporibus visam induit Henricus enim Rex Caput ipsius Ecclesiae constituitur In the meane while to wit after his forsaid diuorce a Councell was held at London wherin the Church of â—ngland tooke to it selfe a forme of power neuer heard of before For that King Henry was appointed Head of the same Church c. Genebrard also in the fourth booke of his Chronology hath these words Henricus anno 1534. in publicis Comitijs se Caput Ecclesiae Anglicanae appellauit King Henry in the yeare of our Lord 1534. in publicke Parliament called himselfe Head of the Church of England c. Also Doctor Sanders in his booke of the Schisme of England saith Ex qua dicendi formula primam occasionem sumptam aiunt vt Rex Supremum Caput Ecclesiae Anglicanae diceretur By which manner of speach it is said the first occasion was taken of calling the King supreme Head of the Church of England c. And againe in the same booke Proponebantur cis noua Comitiorum Decreta iuâ—â—bantur iurciurando affirmare Regim Supremum Ecclesiae esse Caput The new Laws or Statutes of the Parliament were propounded vnto them to wit to the Kings subiects and they were commaunded to sweare that the King was head of the Church c. Iohn Caluin in like manner vpon the 7. Chapter of the Prophet Amos wryteth thus Qui tantopere extuâ—erunt Hâ—nricum Regem Angliae certè fucrunt homines inâ—enâ—â—derati Dedâ—runt enim illi summam rerum omnium petestatem hoc me grauiter semper vulnerauit Erant enâ—m blasphemi cùm vocarent cum summum Caput Ecclesia sub â—hristo Those who so greatly did extoll K. Hâ—nâ—y of Enâ—land were men void of consideration For they gaue vnto him the chiefe power of all things and this point did euer gall me grieuously For that they were blasphemers when they called him the chiefe Head of the Church vnder Christ c. 2. The same Title did K. Edward Sonne to K. Henry and his Successour vsurpe as it may be seene by his Letters to Thomas Cranmer Archbishop of Canterbury which begin thus Edouardus Dei gratia Angliae Franciae Hyberniae Rex supremum in terris Ecclesiae Anglicanae Hybernicae tam in causis spiritalibus quà m temporalibus Caput Reuerendo Thomae Cantuariensi Archiepiscopo salutem Edward by the Grace of God King of England France and Ireland supreme Head on earth of the Church of England and Ireland as well in causes Ecclesiasticall as temporall to the Reuerend Thomas Archbishop of Canterbury greeting c. The same Title also did Bishop Cranmer giue vnto the said King as appeareth by his letters wrytten to other Bishops subiect vnto him thus Thomas permissione diuina Cantuariensis Archiepiscopus per Illustrissimum in Christo Principem Edouardum Regem sextum supremum in terris Caput Ecclesiae Anglicanae Hybernicae sufficienter legitimè authorizatus Tibi Edmundo Londinensi â—piscopo omnibus fratribus Coëpiscopis vice nomine Regiae Maiestatis quibus in hac parte fungimur mandamus vt Imagines ex â—cclesijs cuiusque dioecesis tollantur c. We Thomas by Gods permission Archbishop of Canterbury being sufficiently and lawfully authorized by our most gratious Prince in Christ King Edward the sixt supreme Head on earth of the Church of England and Ireland do in his Maiesties Name and place which herein we supplie commaund you â—dmund Bishop of London and all the rest of our Brethren Bishops that Images be taken out of the Churches of euery Diocesse c. And Doctor Sanders also in his booke of the Schisme of England saith thus Quamprimùm visum est Henrici octaui mortem diuulgare statim Edouardus Henrici filius nonum aetatis annum agens Rex Angliae proclamatur summum â—cclesiae Anglicanae in terris Caput proximè secundum Christum constituitur
c. As soone as it was thought good to diuulge King Henryes death by and by Edward his sonne being of the age of nyne yeares was proclaymed King of England and ordayned supreme Head of the Church of England on earth next vnder Christ c. 3. Queene Elizabeth although she were a woman yet she thought her selfe no way inferiour to her Father or Brother She therfore would be also called supreme Head of the Church of England For so wryteth Iacobus Thuanus in his 15. booke of the Historyes of his time Elizabetha recepto à Patre fratre titulo Ecclesiae Caput per Angliam coepit appellari Q. Elizabeth hauing receaued the former Title from her Father Brother began to be called Head of the Church throughout England c. 4. But now adayes vnder K. Iames this title is put in ieopardy The Chaplaine to wit M. Doctor Andrewes doth admit the same in his Tortura Torti but M. Tooker and M. Burhill do reiect it M. Tookers words which a little before I recited are these Olere autem militiam clamitare audaciam tuam videtur illud cùm Regem Caput Ecclesiae Primatemque confingas It may seeme to sauour of malice and cry out vpon your sausines when as you feigne the King to be Head and Primate of the Church c. And in like manner doth M. Burhill pag 133. reprehend a certaine person of ouer much wantonnes and boldnes for calling the King Head Pastour and Primate of Bishops 5. In this debate and Iarre then what shall the King do If he admit the Title of Supreme head of the Church of England M. Tooker M. Burhill will no doubt murmure shrewdly If he reiect it what then will the Chaplaine say Perhaps this contention may be mollified if the King as he gaue to the Chaplayne the Bishopricke of Ely so he would giue to M. Tooker and M. Burhill two other Bishopricks For then least they might seeme vngratefull they would easily graunt this Title to the King and a far greater too V. Question VVhether the Kings Primacy do consist in any Power or Iurisdiction Ecclesiasticall HEERE now is there a great Iarre and debate amongst our English Aduersaries nor can the same be easily vnderstood vnlesse it be first well distinguished Ecclesiasticall Power is threefold as the Deuines do teach One of Order another of interiour Iurisdiction the third of exteriour Iurisdiction To the first belongeth to effect or consecrate and administer Sacraments to the second to gouerne the Church in the interiour Court or Court of Conscience and to the third belongeth to gouerne the Church in the exteriour Court Now certaine it is that the King hath not the Power of Order by reason of his Primacy For this doth M. Tooker confesse pag. 14. where he saith Reges non habent potestatem administrandi Sacramenta Kinges haue not power to administer Sacraments It is also certaine that he hath not Iurisdiction of the interiour Court or Court of Conscience For this in like manner doth M. Tooker confesse pag. 63. Omnis iurisdictio saith he in foro interiori Sacerdotum est nulla Regum All iurisdiction in the interiour Court or Court of Conscience belongeth to Priests not any way to Kings c. 2. All the question then is whether the King hath IurisdictioÌ„ Ecclesiastical in the exteriour Court or no About this point are the Englishmen at a great iarre and variance amongst themselues some affirming it some denying it others distinguishing M. Tooker affirmeth it pag. 305. in these words Qui habet plenissimam amâ—lissimam iurisdictionem in foro exteriore potest eamdem dare auferre Rex eam habet Ergo potest eamdem dare auferre Totum hoc liquet ex V. N. Testamento He that hath most full and ample Iurisdiction in the exteriour Court can giue and take away the same at his pleasure But the King hath this Iurisdiction Ergo he can giue and take away the same Al this is manifest out of the old new Testament c. With him agreeth also M. Salclebridge pag. 140. Reges oleo sacro vncti capaces sunt Iurisdictionis spiritualis Kings saith he annoynted with holy oyle are made capable of spirituall Iurisdiction c. And then againe in the same place out of the Lawes of England Râ—x saith he est persona mixta vrpote qui â—cclesiasticam temporalem iurisdictionem habet quidem Supremam The King is a person mixt to wit that hath both Iurisdiction Ecclesiasticall and Temporall and that in the highest degree c. And yet more pag. 144. Per leges â—cclesiasticas in hoc Regno approbatas vnus Sacerdos duo benâ—ficia haâ—ere non potest nec Bastardus Sacris initiari Vâ—rùm Rex â—cclesiastica potestate iurisdictione quam habet in vtroque dispensare potest By the Ecclesiasticall Lawes approued in this Kingdome of â—ngland one Priest may not haue two Benefices nor a Bastard be made Priest But the King by the Iurisdiction and Power Ecclesiasticall which he hath can dispense in both c. 3. M. Tompson and M. Burhill do absolutely deny it M. Tompson pag. 80. of his booke wryting thus â—rimatus â—cclesâ—ae non est dâ—â—iniendus per iurisdictionâ—m Ecclesiasticam sed per gubernationâ—m suprâ—mam The Primacy of the Church is not to be defined by Iurisdiction Ecclesiasticall but by supreme Gouerment c. And againe pag. 95. Diximus Regâ—m gubâ—rnarâ— quidâ—m Ecclesiasticaâ— sâ—d non Ecclesiasâ—iâ—è We haue said before that the King indeed doth gouerne Ecclesiasticall things but not Ecclesiastically And why I pray you Because forsooth he hath not Iurisdiction Ecclesiasticall but only temporall And hereunto agreeth M. Burhill pag. 234. granting this negatiue proposition Rex saith he nullam habet Iurisdictionem Ecclesiasticam nec in foro interiori nec in exteriori The King hath no Iurisdiction Ecclesiasticall neyther in the interiour nor exteriour Court c. 4. Now my Lord of Ely he distinguisheth in this case as may be seene in M. Tookers Booke pag. 305. in these wordes Habet Rex omnem iurisdictioneÌ„ spiritualem in foro exteriori exceptis quibusdam Censuris The King hath all Iurisdiction spirituall in the exteriour Court except in certaine Censures c. So as now to this question to wit whether the King as he is Primate and Head of the Church haue any Iurisdiction Ecclesiasticall or spirituall in the exteriour Court we must answere thus First with M. Tooker and M. Salclebridge That he hath most ample most full and supreme Iurisdiction Secondly with my Lord of Ely That he hath indeed some but not all And lastly with M. Burhill and M. Tompson That he hath none no not any one iote at all VI. Question VVhether the King of his owne Authority can assemble or call togeather Councells 1. NOv follow the Iarres and debates of our Aduersaries concerning the Offices and Functions of the Kings Primacy they â—re six in number which may be
disputed of The first is of assembling or calling togeather of Synods The second of enacting of Ecclesiasticall lawes The third of coÌ„ferring or bestowing of benefices The fourth of creating deposing of Bishops The fifth is about Excommunication The sixt and last is about the decision and determining of Controuersies The question then is whether these offices belong to the Kings Primacy I will speake a word of ech in order 2. First it may be demaunded whether the King by vertue of his Primacy may of his owne authority call or assemble togeather Synods and therin sit as chiefe and head This was certainly persuaded that it might be done in the tyme of King Henry K. Edward and Queene Elizabeth but now vnder King Iames the matter is called into question M. Salclebridge pag. 121. affirmeth that he can do it in these words Christiani Principes in Regnis suis cum laude propria auctoritate Synodos conuocarunt Constitutiones condideruÌ„t causas audierunt cognouerunt Christian Princes haue with great praise assembled Synods by their owne authority in their Kingdomes haue made Constituâ—ions heard and examined causes c. And againe pag. 146. Rex Angliae potest Synodos indiâ—â—re omnium Ordinum Oecumeniâ—as in ijsdem praesidere The King of â—ngland saith he may asâ—embâ—e Generall Councells of all Orders or degrees and therin sit as President or Chiefe c. And pag. 155. he saith in like manner Reges Angliae suprema sua authoritate de iure Synodos conuocarunt The Kings of â—ngland haue by thâ—ir owne supreme authority and by â—â—ght assâ—mbled Synods c. 3 Now M Toâ—ker in this poynt is very variable one while contradicting himselfe another while others And this is manifest out of the diuers testimonies he produceth The first is pag. 37. where he hath these words A quibus magis aequum est indici Conciliaâ— quà m ab illisâ— penes quos semper â—uit authoritas â—a congregandi Cùm autem communitâ—r triplex ponâ— soleat Concilium Generale Prouinciale Dioecâ—sanum Concilium Gâ—nâ—rale solius Papae iussu celebrari vultis sed neque illud nisi ab Impâ—ratoribus Regibus simul consentientâ—bus hodie indici debet Prouinciale à Metropolitaâ—o cum suis Suffragancis Dioecesanum ab Episcopo cum Curatisâ— Râ—ctoribus Clericis Dioeceseos c. By whome is it more fit that Councells should be assembled then by those in whose power hath alwayes authority byn to call them togeather For wheras commonly there be 3. sortes of Councells Generall Prouiâ—ciall of a particuler Diocesse the Generall Councell you will haue to be celebrated only by commandment of the Pope but yet not so neyther now a dayes vnlesse Emperors Kings do agree therunto also A Prouinciall Counâ—ell is to be assembled by the Metropolitan and his Suâ—fragans thâ—t of the Diocesse by the Bishop therof togeaâ—her with the Curates Rectoâ—s and Clarkes of â—he same Bishopricke c. Out of which testimony we may gatâ—er that the K. of England cannot assemble a Councell of his owne authority Not a geneâ—all because that belongeth to the common consent of Kings and Emperours Not a Prouinciall because that pertayneth to the Metropolitan Not of the Dâ—ocesse because that belongeth to the Bishop therof What then I pray you is left vnto the King 4. Another testimony heerof is out of the same M. â—ooker pag. 41. in these worâ—s Abundè liquet ex CoÌ„cilijs ipsis historia Ecclesiastica â—râ—uincialâ—a Concilia Nationalia ab Imperatoribus aâ— Regibus fuisse congregata It is abouÌ„dantly manifest out of the CouÌ„â—els themselues and the Ecclesiasticall Historyes that Prouinciall and Nationall Councels haue byn assembled by Emperours and Kings c. This now is plainely repugnant to his former testimony For there he affirmeth that Prouinciall Councells are to be assembled by the Metropolitans therof heere he saith â—hat they must be assembled by Kings and Emperours There is distinguished oâ—ly a threefould Councellâ— to wit Generall Prouinciallâ— â— and that of the Diocesse heere now is added a fourâ—h to wit Nationall 5. His third testimony is set downe pag. 42. where he propoâ—eth this question Quo igitur iure tantam sibi potestatâ—m arrogat Pontifâ—x solus Num diuino â—y what right then I pray you doth the Pope challenge vnto himselfe alone so great power Doth he do it by diuine right c. And a little after he addeth Erat Apostolorum omnium non vnius tantâ—mmodo indicere Concilium statuere cum verborum solennitate Visum est Spiritui sancto Nobis c. It belonged to all the Aposâ—les not to one alone to assemble a Councell and with solemnity of words to ordaine It seemes good vnto the Holy Ghost and Vs c. As if he would say That as by diuine right not S. Petâ—r alone but all the Apostles togeather with equall power did assemble the fiâ—st CouÌ„cell at Ierusalem therin decreed that law about eating of bloud and strangled meates so in like manner by diuine right not the Pope alone but all Bishops with equall power must assemble Councells and decree Ecclesiasticall lawes Surely if it be so then without doubt it followes that the power to call or assemble Councells doth not belong by the law of God to secular Kings and Princes but to the Apostles and their successâ—urs c. 6. His fourth testimony is pag. 63. where he saith Mixtum autâ—m ius râ—suitâ—ns â—x vtâ—oque iure Regio Episcopali est Legum sanctio Synodorum indictio praesâ—dendi in ijs praerâ—gatiuâ— controuâ—rsâ—aruÌ„ decisio aliorumque actuum qui his finitimi sunt exâ—rcitium quae fâ—rè ab origine Primaâ—us Râ—gij descâ—ndunt communicantur Sacâ—râ—otiâ—u c The decreing or enacting of Lawes the assembling of Synodes Prerogatiue of â—itâ—ing therin as chiefe or head as also the exercise of all other offices in this kind is a certaine mixt Right proceeding from both Kingly and Episcopall power which things do in a manner come downe or descend from the origen of the Kings Primacy and are communicated or in parted vnto Priests c. This now againe as you see is contrary to that which he said next before For there he will needs haue the assembly of Synods or Councels to belong by diuine right to the Apostles heere forsooth he will haue the same chiefely to belong to Kinges and from them to be deriued vnto Bishops These things do not agree one with another VII Question VVhether the King can enact Ecclesiasticall Lawes or no 1. IT is cleere that K. Henry the 8. did aswell by himselfe as by his Vicar Generall Cromwell enact Ecclesiasticall Lawes For so saith Doctor Sanders in his booke of the Schisme of England His diâ—bus vigilantissimus hic Ecclesiae Pastor Henriâ—us quo in posterum sciretur quae cui rite nupta esset legem ediderat perpetuam de Nuptijs Comitiorâ—m etiam auctoritate â—onfirmatam qua
statuchatur vt si quae pâ—rsonae in Lâ—uitico non prohibitae solo consâ—nsu per verba de praesenti matrimonium nulla carnis copula subsecuta contraxerintâ—eae verò ambae postea vel earum altera nuptijs cum altera persona in Lâ—uitico non prohibita contractis caâ—nali copula easdâ—m consumma â—erint hae postâ—riores quas firmasset copula non priores illae quas solus consâ—nsus staâ—uâ—ssâ—t ratae atque legitimae haberâ—ntur adeo vt cùm olim iuris Gentium fuissâ—t Regula Nuptias non concubitus sed consensus facit â—am deinâ—â—ps Hâ—nrici râ—gula esse coeperit Nuptias non consenâ—us sed concubitus facit Et tamâ—n ipsâ— Legis-lator contra suam ipsius regulam vxorem Annam Cliuâ—nsâ—m cuius nuptias non solo consensu sed septâ—m etiam mensium concuâ—itu firmauâ—rat eo solùm praetextu râ—iccit iâ—saque viuâ—nte aliam superinduxit quòd altâ—ri nesâ—io cui consâ—nsum antea praebuisse finâ—â—râ—tur Huius ergo legis tantopâ—re postea puduit ipsos Protâ—stantâ—s vt mortuo Henrico eam ipsi râ—uocauerint atque irritam fâ—câ—rint c In these dayes the most vigilanâ— Pastor of the Church K. Hâ—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 ordaâ—ned that if any persons not prohibited in the Leuiticall law should contract marriage by only consent and by words de praesâ—nti no carnall copulation following the same and that the said persons or eyther of them â—hould afterward contraâ—t with another person not prohibited in the Leuiticall law consummâ—te the same by carnall copulation that then these later contractes which were consuÌ„mated by carnall copulation not the former that were agreed vpon by only consent should be accompted for good and lawfull In so much thaâ— 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 Archiepisâ—opis Episcopis Abbatibus reliquo Clero praescripsit in quibus praeter cetera iubeâ—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 amongâ—t other things the Pastors of Câ—urches were comâ—â—nded vnder most seuere punishmeÌ„t 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 froÌ„ 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 stetissâ—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 Râ—â—ni◠〈…〉 authoritate benâ—ficia contulâ—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 Iâ—suita non modò collationes benâ—ficiorum ad Angliae Regâ—s spâ—câ—are sed ad eosdâ—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
THE ENGLISH IARRE OR DISAGREEMENT AMONGST the Ministers of great Brittaine CONCERNING the KINGES Supremacy VVritten in Latin by the Reuerend Father F. MARTINVS BECANVS of the Society of IESVS AND Professour in Diuinity And translated into English by I. W. P. ¶ Imprinted Anno M. DC XII THE PREFACE TO the Catholikes of England GOD saue you Right HONOVRABLE and most worthy Champions Giue me leaue awhile to interrupt your patience And if it be not troublesome vnto you heare me a word or two I will not hould you long Two yeares agoe I wrote two little bookes concerning the Kings Primacy the one against the Apology and Preface Monitory of the High and Mighty Prince Iames King of Great-Brittaine the other against the Torture of Tortus or the Kings Chaplayne This thing your Academickes tooke heauily and preseÌ„tly waged warre against me in their Kings quarrell especially M. VVilliam Tooker M. Richard Tompson M. Robert Burhill and M. Henry Salclebridge Yet for all this I do not fly or feare Nay there be many reasons which make me more couragious First the equity of the Cause Then your Faith and Constancy And lastly the Iarres and deadly Discords of my Aduersaryes one against another Concerning the right of the Cause which I am to defend what need I say any thing I am to fight for the Church of Christ for the honour and Obedience of Prelates and for the example and custome of my Forefathers And heerin shall I feare any man Hath not your faith and constancy which is testified to the whole world by your daily imprisonments fetters punishmeÌ„ts yea death it self suffered for Christ already shakeÌ„ off my drowsinesse Whome would it not animate and spurre forwards seing that in this case I may with good reasoÌ„ apply that saying of the Apostle vnto you Spectaculum facti estis Deo Angelis Hominibus you are made a spectacle to God Angels and Men To God who behouldeth your Combats giueth you strengh to get the victory and prepareth a Crowne for your Triumph To Angells who admire that liuing in this frayle flesh you do not feare the mighty powers of Hell and withall reioyce that so valiant Champions are coÌ„mitted to their charge You are made a spectacle to men who throughout the whole world are wonderfully incensed and styrred vp by your example vertue and patience to vndergoe the like combats and conflicts for Christ. Besides this the disagreements and iarrings of my Aduersaries amongst theÌ„selues are so many and their forces so scattered disordered that I do not esteeme them to be greatly feared If perhaps you know not these their discords heere I offer and dedicate this little Booke vnto you wherin it is particulerly shewed in what points they disagree If your leasure serue you read it and hope well of the issue In the meane while I will prepare my selfe to the Combat and when it is tyme I shall intreat you to be the Spectators Fare ye well and take in good part I beseech you this mâ— Interpellation From Mentz this moneth of Nouember 1611. Your most louing friend Martin Becanus THE ENGLISH IARRE CONCERNING the Kings Supremacy THE Kinges Supremacy in the Church of England is a new thing It began vnder King Henry the 8. continued vnder King Edward the 6. and Queene Elizabeth and now vnder King Iames the same is rent and torne in peeces with so many domesticall iarres and diuisions that long it cannot stand So as Christ in the Ghospell said full well Omne regnum in se diuisum desolabitur Euery Kingdome deuided in it selfe shal be destroyed But what and how great these discords be I will shew in these few questions following I. VVhether the King of England haue any Primacy in the Church or no II. VVhether the Primacy of the King be Ecclesiasticall and spirituall III. VVhether the King by this Primacy may be called the Primate of the Church IIII. VVhether by vertue of the same Primacy the K. may be called Supreme Head of the Church V. VVhether this Primacy consist in any Power or Iurisdiction Ecclesiasticall VI. VVhether the King by reason of his Primacy can assemble or call togeather Councels and sit as President therin VII VVhether he can make Ecclesiasticall Lawes VIII VVhether he can dispose of Ecclesiasticall liuings or Benefices IX VVhether he can create and depose Bishops X. VVhether he can excommunicate the obstinate XI VVhether he can be Iudge and determine of Controuersies XII From whence hath the King this his Primacy XIII VVhether he can force his Subiects to take the Oath of Supremacy In these QuestioÌ„s do our Aduersaries extremely differ and disâ—gree but especially these M. Doctor Andrewes in his Tortura Torti M. William Tooker Deane of Lichefield in his Combat or single Fight with Martin Becanus M. Richard Tompson in his Reproofe of the Refutation of Tortura Torti M. Robert Burhill in his Defence of Tortura Torti and M. Henry Salclebridge in his Refutation of Becanus his examen Besides these as opposite vnto them I will also cite Doctor Sanders in his booke of the Schisme of EnglaÌ„d Genebard in his Chronology Polydor Virgil in his History of England Iacobus Thuanus of Aust in the History of his tyme Iohn Caluin in his Commentary vpon the Prophet Amos and others The I. Question vvhether the King of England haue any Primacy in the Church 1 THE first Iarre or contention then is concerning the Name of Primacy Many of our Aduersaries admit this Name but M. Richard Tompson had rather haue it called Supremacy then Primacy His reason is because Primacy doth signify a power of the same Order Now the King hath not power in the Church of England of the same Order with Bishops and Ministers but a power of higher and different Order from them Ergo he hath not the Primacy but the Supremacy The words of M. Tompson pag. 33. of his booke are these Nos in Anglico nostro idiomate belliores longè sumus quà m per inopiam Latini sermonis nobis Latinè esse licuit Non enim dicimus The Kings Primacy Regis Primatum sed The Kings Supremacy Regis Suprematum Quo vocabulo nos quoque deinceps vtemur Multùm enim disserunt Primatus Suprematus Illud enim Potestatem eiusdem Ordinis videtur significare hoc non item We in our English tongue do speake much more properly then we can do in the Latin speach through the penury therof For we do not say The Kings Primacy but The Kings Supremacy which word we will heerafter vse For that Primacy and Supremacy do greatly differ Primacy seeming to signify a power of the same Order but Supremacy not so 2. Out of which words we gather two things The one that all Englishmen who vse the Name of Primacy do eyther erre or speake improperly if we belieue M. Tompson For if they speake properly seing that the word Primacy doth properly signify a Power of the same Order they do plainely vnderstand that the
2. The later part of the former point affirmeth Mâ— Burhill pag. 137. when he saith Quod Ambrosio licuit in Theodosium idem alijs in Regem simili de causa liceat c. As it was lawfull for Ambrose to proceed against Theodosius so is it lawfull also for others to proceed against the King in the like cause c. To wit he would say as it was lawfull for S. Ambrose being a Bishop to excoÌ„municate Theodosius the Emperour so in like manner is it lawfull for our Bishops of England to excomunicate King Iames if he offend in like manner And then againe pag. 242. Supremus Ecclesiae Gubernator potest eijci ex Ecclesia The supreme Gouernour of the Church to wit the King may be cast forth of the Church c. And pag. 267. Rex etsi iustissimè excommunicatus non amittit Primatum The King although he should be most iustly excommunicated yet he doth not loose his Primacy c. 3. Now I do not see how these things can possibly hang togeather or agree with those which hitherto before haue byn attâ—ibuted to the King For vnto him is attributed That he is Primate and the supreme head of the Church of England That he is aboue all persons aswell Ecclesiasticall as temporall in his Kingdome That he hath supreme most ample and full iurisdiction Ecclesiasticall no lesse then politicall and temporall And notwithstanding all this being so great a person yet can he not excommunicate any one of his subiects eyther Laicke or Church-man although neuer so rebellious and obstinate Nay although he be so great as he is he may neuerthelesse be excommunicated by his subiects cast out of the Church of England wherof he is supreme Head I caÌ„not vnderstand this mystery 4. Heerunto will I adde 3. arguments more which will increase the difficulty The first is He that hath supreme most ample and most full IurisdictioÌ„ Ecclesiasticall in any Kingdome may exercise all the actions offices that belong vnto Iurisdiction Ecclesiasticall of that Kingdome But now the King hath supreme most ample and most full iurisdiction Ecclesiasticall in the Kingdome of England as M. Tooker and M. Salclebridg do confesse Ergo he may exerciâ—e all offices belonging Iurisdiction Ecclesiastical in the Kingdome of England Ergo he may also excoÌ„municate for that excoÌ„munication which is denouÌ„ced by sentence is an act of Ecclesiasticall Iurâ—sdiction Or els contrariwise if you will thus He that cannot exercise all acts of Ecclesiasticall Iurisdiâ—â—ion in any Kingdome hath not supreme most ample most full Iurisdiction Ecclesiastiâ—all in that Kingdome But the King of England cannot exercise 〈…〉 of â—cclesiasticall Iurisdiction in his Kingdoâ—e because he cannot excommunicate any man 〈…〉 not supreme most ample and most 〈…〉 â—â—â—lâ—siasticall in his Kingdome 5. The second argument is this He that giueth to another power to excommunicate without doubt hath power himself to excommunicate bâ—cause no man can giue to another that which he hath not himselfe But the King of England giueth power to his Bishops to excommunicatâ— Ergo hâ— hath power to excommunicate The Minor is proued out of M. Tooker pag. 304. where he affirmeth That the Bishops of England do receyue all their Ecclesiasticall Iurisdiction of the exteriour Court from the King But now power to excommunicate belongeth to Iurisdiction of the exteriour Court aâ— the Chaplaine pag. 41. and M. Tooker pag. 305. expressely teach vs saying Rex habet omnem iurisdictionem spiritualem in foro exteriori exceptis quibusdam censuris The King hath all Iurisdiction spirituall in the exteriour Court excepting certaine Censures But now hâ— excepteth ExcommunicatioÌ„ wherin yow see is to be noted againe a contradictioÌ„ in M. Tooker for that he referreth Censures amongst which excommunication is one to the Iurisdiction of the exteriour Court True indeed Buâ— yet he adioyneth two other things that are conâ—radictory The first that the King can giue vnto Bishops all Iurisdiction of the exteriour Court and thâ— second that the King hath not all Iurisdiction oâ— the exteriour Court 6. The third Argument is That whosoeuer is subiect to another in Ecclesiasticall iurisdiction of the exteriour Court hath not supreme moâ—t ample and full IurisdictioÌ„ Ecclesiasticall of the exteriour Courtâ— But the King is subiect to some other body in Ecclesiasticall Iurisdiction of the exteriour Court to wit to the Bishop because he may by him be excommunicated by sentence and cast out of the Church as M. Burhill doth confesse Ergo he hath not supreme most ample and most full Iurisdiction Ecclesiasticall in the exteriour Court c. Or if you will contrarywise thus He that is subiect to no other in Ecclesiasticall Iurisdiction cannot by any man be excoÌ„municateâ— by sentence But the King now if he haue supreme Ecclesiasticall Iurisdiction is subiect to no other in Iurisdiction Ecclesiasticall Ergo he cannot by any other be excoÌ„municated c. I doubt not but you maâ—ke well that these things do not agree XI Question VVhether the King may be Iudge of all Controuersies in the Church 1. CONTROVERSIES that arise in the Church are of two sortes some are about faith and Religion others are concerning Ecclesiasticall affayres The former of these questions then is Whether the King by vertue of his Primacy be supreme Iudg of all Controuersies which pertayne vnto faith and Religion M. Salclebridge saith he is pag. 163. in these words Sic luce clarius â—st Christianos Principes cum laude Controuersâ—as fidâ—i dijudicasse dirâ—misse etiam in vniuersalibus octâ— Concilijs c. So as it is more cleare then the suÌ„ne that Christian Princes with praisâ— haue iudged of and decided controuerâ—ies of faith and that in eight Generall Councells c. Which is as much to say in the first of Nice the first of Constantinople that of Ephesus Chalcedon the second third fourth of Constantinople and the second of Nice wherin diuers coÌ„trouersies concerning matters of faith were iudged of and decided especially concerning the diuinity of Christ against the Hereticke Arius of the diuinity of the holy Ghost against Macedonius of one person of Christ against Nestorius of two Natures in Christ against Eutyches and Dioscorus so of others All these Controuersies saith M. Salclebrigde were iudged of and decided by Kings and Emperours 2. M. Tooker now he affirmeth the quite contrary who by no meanes will haue Kings or Emperors to be Iudges of Controuersies of faith For thus he writeth pag. 3. of his booke Olere autem malitiam ac clamitare audaciam tuam illud vidâ—tur cùm Regem caput Ecclesiae Primatemque confingas omniumque causarum controuersiarum quae ad fidem Râ—ligionem pertinent iudicem tribuas It may seeme to sauour of malice cry out vpon you sausinesse when as you feigne the King to be head of the Church and Iudg of all causes and controuersies which pertaine vnto faith and Religion c. And againe pag. 50â—â— Rex in
them to Idolatry Shall they then obay these Princes commaund â—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 plâ—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 abouâ— the nature offices origen of the Kingâ— Primacy Now there remaineth a certaine practicall question which toucheth the ConscieÌ„ce 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 â—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 translâ—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 Caâ—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 â—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 â—go A. B prorsus testificor declaro in conscientia mea Reginam â—sse solam supremam Gubernatricem istius Regni Angliae alioruÌ„ omnium suae Maiestatis dominiorum regionum non minùs in omnibus spiritualibus atque Ecclesiasticis rebus vel causis quà m temporalibus Et quòd nemo externus Princeps Persona Praelatus Status vel Potentatus aut facto aut iure habet aliquam iurisdictionâ—m potestatem superioritatem praeeminentiam vel authoritatâ—m â—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 countâ—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. palà m testor ex conscientia mea declaro quod Maiestas Regiaâ— vnicus est supremus Gubernator huius Regni omniumque aliorum suae Maiestatis dominiorum territoriorum tam in omnibus spiritualibus siue Ecclesiasticis rebus causis quà m in temporalibus Et quòd nullus extraneus Princeps Persona Praelatus Status aut Potentatus habet aut habere debet vllam iurisdictionem potestatem superioritatem praeeminentiaÌ„ 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. Boâ—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 acknowledgeâ— 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 â—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 eoâ—ue Thomas Morus Rofâ—ensis supplico afâ—â—cti idque partim ob eam causam quòd Iuramâ—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 Rocâ—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