all or some of these Propositions following 1. That I King James am not the lawful King of this Kingdom and of all other my Dominions 2. That the Pope by his own Authority many depose me If not by his own Authority yet by some other Authority of the Church or of the See of Rome If not by some other Authority of the Church and See of Rome yet by other means with others help he may depose me 3. That the Pope may dispose of my Kingdoms and Dominions 4. That the Pope may give Authority to some Foreign Prince to invade my Dominions 5. That the Pope may discharge my Subjects of their Obedience and Allegiance to me 6. That the Pope may give Licence to one or more of my Subjects to bear Arms against me 7. That the Pope may give leave to my Subjects to offer Violence to my Person or to my Government or to some of my Subjects 8. That if the Pope shall by Sentence excommunicate or depose me my Subjects are not to bear Faith and Allegiance to me 9. If the Pope shall by Sentence excommunicate or depose me my Subjects are not bound to defend with all their power my Person and Crown 10. If the Pope shall give out any Sentence of Excommunication or Deprivation against me my Subjects by reason of that Sentence are not bound to reveal all Conspiracies and Treasons against me which shall come to their Hearing and Knowledg 11. That it is not heretical and detestable to hold that Princes being excommunicated by the Pope may be either deposed or killed by their Subjects or any other 12. That the Pope hath Power to absolve my Subjects from this Oath or from some par thereof 13. That this Oath is not administred to my Subjects by a full and lawful Authority 14. That this Oath is to be taken with Equivocation mental Evasion or secret Reservation and not with the Heart and good Will sincerely in the Faith of a Christian Man These are the true and natural Branches of the Body of this Oath The CONTENTS CHAP. I. THe Occasion of this Oath various Form and Alteration of it Interpretations of this Oath given in our Laws and Writers of note The nature of our Assent and Stipulation CHAP. II. What is ment by Things and Persons Spiritual or Ecclesiastical in the proper as also in the vulgar use of these Terms CHAP. III. Of Power its rise and original Two sorts of Power in Ecclesiastical or Spiritual Things their Agreement and Difference CHAP. IV. Of the necessity and usefulness of a Jurisdiction over Persons and in Causes Ecclesiastical besides what is in Churches and Church-men This Power is placed in Kings and such as are the supream Governours in a Common-wealth CHAP. V. The Government of particular Churches hath Affinity with Families Cities and the like lesser Bodies more than with the Government of Empires and Kingdoms confirmed in six Instances A Digression Of Independency Name and Thing its consistency with the King's Supreamacy CHAP. VI. Of the Jurisdiction over particular Churches placed in Ecclesiastical Persons as it is 1. Exercised with us in this Nation 2. As it is in other Reformed Churches herein Of Appeals that are properly such in Ecclesiastical Matters these are always to be to the Supream Civil Magistrate only or to such as are appointed by him A Post-script giving some account of the congregational way from such Principles of it as are laid down in this Treatis THE LAWFULNES OF THE Oath of Supremacy c. THE Supremacy of the Kings of England being eclipsed by the Bishop of Rome in both parts of it the State thought fit to enjoin a Provision of equal extension In relation to the Civil Rights of the Crown is the Oath of Allegiance and against the Encroachments upon the Ecclesiastical this of the Supremacy which being first enjoined containeth in a manner both This Oath hath given the Papists such a Blow as they could not but strike again and have poured out a Flood of Arguments and Absurdities against submitting to it which hath been a long time scattered and stick in the Minds of divers of his Majesty's Loyal Subjects who tho otherwise well affected yet by reason of some Doubts and Tenderness are at a stand to this day and scruple the taking of this Oath For whose satisfaction and clearing the Lawfulness of this Supremacy is the ensuing D. scourse CHAP. I. § 1. The Oath it self as now enjoined § 2. The Occasion of this Oath § 3. Various Forms of it and Alterations about it § 4. Interpretations given of it in our Laws and Writers of Note § 5. The Nature of our Assent and Stipulation The Oath of Supremacy I A. B. do utterly testify and declare in my Conscience that the King's Highness is the only Supreme Governor of this Realm and of all other his Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal And that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Foreign Iurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the King's Highness his Heirs and lawful Successors and to my power shall assist and defend all Iurisdictions Privileges Preeminences and Authorities granted or belonging to the King's Highness his Heirs and Successors as united and annexed to the Imperial Crown of this Realm § 2. For many Years there hath been a Contest about Jurisdiction and Supremacy in Ecclesiastical Matters between the Bishop of Rome and the Kings of England who hath got ground herein according as our Princes were found more weak necessitous or devoted to his Holiness Rome was not built in a Day By William the Conqueror Legates from the Pope to hear and determine Ecclesiastical Causes were admitted Henry the First after much Contest yields to the Pope the Patronages and Donations of Bishopricks and all other Ecclesiastical Benefices it being decreed at Rome that no Lay-Person should give any Ecclesiastical Charge King Stephen grants that Appeals be made to the Court of Rome In Henry the Second's Days the Pope gets the Clergy and Spiritual Persons exempted from Secular Powers The Bishop of Rome is now over all Ecclesiastical Persons and Causes even in these Dominions Supreme Head And having upon the matter made Conquest over more than half the Kingdom in the Times of King John and Henry the Third sets on for the whole and obtains of King John an absolute Surrender of England and Ireland unto his Holiness which were granted back again by him to the King to hold of the Church of Rome in Fee-farm and Vassalage Being now absolute and immediate Lord over all he endeavours to convert the Profits of both Kingdoms to his own Use so that Prince and People were hereby reduced
immediately the Object of this Supreme Power and the Laws made by it upon another Consideration than as Bishops c. namely as being born within these her Majesty's Realms and Dominions and such Persons of what Estate either Ecclesiastical or Temporal soever they be She hath the Sovereignty and Rule over them Spiritual and Ecclesiastical Things are mentioned in the Oath upon a twofold Account 1. Because the Civil Magistrate's Power and Jurisdiction really extends it self to the Duties of both Tables and hath to do with Matters and Causes as well as Persons that are spiritual as hereafter we shall shew but 2. Principally that a Calling or Employment in Church-Affairs whatsoever hath been formerly judged and practised doth no more exempt a Person and his Actings that is a Subject to the Queen upon any other account from her Secular Power than doth a Temporal Calling or Employment in any worldly Affairs There is something of Explication further in the Articles of Religion concluded in the Year 1562. The 37th Article is this The 37th Article professed in the Church of England The Queen's Majesty hath the chief Power in her Realm of England and other her Dominions unto whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all Causes doth appertain and is not nor ought to be subject to any Foreign Jurisdiction Where we attribute to the Queen's Majesty the chief Government by which Titles we understand the Minds of some slanderous Folks to be offended we give not to our Prince the ministring either of God's Word or of the Sacraments The which thing the Injunctions also lately set forth by Elizabeth our Queen do most plainly testify But that only Prerogative which we see to have been given always to all Godly Princes in Holy Scriptures by God himself that is that they should rule all Estates and Degrees committed to their Charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil Sword the Stubborn and Evil-doers The Bishop of Rome hath no Jurisdiction in this Realm of England It is mentioned in the Admonition that the Queen 's Ecclesiastical Power is the same that was challenged and used by Henry the Eighth c. Which is supposed by some to be the same that was in the Pope the Person only and not the Power changed so that our Princes are but Secular Popes This Objection was strengthned by the Subtilty of Gardiner abroad Whom Calvin terms Impostor ille in Am. 7.13 and at home by a Sermon preached at Paul's-Cross in the Year 1588 by Dr. Bancroft who calls Queen Elizabeth a petty Pope and tells us her Ecclesiastical Authority is the same which the Pope had formerly This 37th Article removes the Scruple sufficiently 1. In asserting the Authority given to her Majesty to be no other but what we see to have been given to all Godly Princes in holy Scriptures c. And for what Power Henry the Eighth challenged it was no new Jurisdiction wrested from the Pope but a Power or Prerogative justly and rightfully belonging to him 26 Henry 8. cap. 1. claimed and exercised by his Predecessors some hundreds of Years before his Time being anciently annexed to the Crown 2. In the latter part of the Article it is also evident For tho a Power in spiritual Causes be given to a Secular Prince yet it is not a spiritual Power and such a Jurisdiction as the Pope claims but such a Power only and in such a way as is put forth and exercised in ordinary Civil Affairs and the same in respect both to Ecclesiastical and Temporal Persons namely a restraining with the Civil Sword the Stubborn and Evil-doers So to restrain or coerce is an Authority or Jurisdiction peculiar to Civil Magistrates and by Christ himself denied to the highest Ecclesiastical Powers Mat. 20 25 26. Ye know saith Christ the Princes of the Gentiles exercise Dominion over them and they that are great exercise Authority upon them but it shall not be so among you you apostles and threatens the Use of the Sword in such Persons Mat. 26.52 King James speaking of the Oath of Supremacy In that Oath saith he is contained only the King 's absolute Power over all Persons as well Civil as Ecclesiastical excluding all Foreign Powers and Potentates to be Judges within his Dominions In his Apol. pag. 76. And more fully afterwards pag. 164. It implies saith he a Power to command Obedience to be given to the Word of God by reforming Religion according to his prescribed Will by assisting the spiritual Power by his temporal Sword by Reformation of Corruption by procuring due Obedience to the Church by judging and cutting off all frivolous Questions and Schisms as Constantine did and finally by making a Decorum to be observed in all indifferent Things for that purpose which is the only Intent of our Oath of Supremacy My Lord Coke out of 1º Eliz. and in the Words of the Statute gives this Interpretation There is saith he no Jurisdiction by this Act affixed to the Crown but was of Right or ought to be by the ancient Laws of this Realm parcel of his Jurisdiction and which lawfully had been or might be exercised within the Realm The End of which Jurisdiction and of all the Proceedings thereupon is that all Things might be in Causes Ecclesiastical to the pleasure of Almighty God Increase of Vertue and the Conservation of the Peace and Unity of the Realm as by divers places of the Act appears And therefore by that Act no pretended Jurisdiction exercised within this Realm being ungodly or repugnant to the ancient Law of the Crown was or could be restored to the Crown according to the ancient Right and Law of the same Coke de Jure Ecclesiastico fol. 8. Bishop Bilson a great Searcher into the Doctrine of the Supremacy of Kings gives this as the Sence of the Oath The Oath saith he expresseth not Kings Duty to God but ours to them As they must be obeyed when they join with Truth so must they be endured when they fall into Error Which Side soever they take either Obedience to their Wills or Submission to their Swords is their due by God's Law and that is all which our Oath exacteth And in a few Lines following he interprets what is meant by Supremacy We do not saith he give Princes Power to do what they list in the Matters appertaining to God and his Service Indeed we say the Pope may not depose them nor pull the Crown off their Heads In this only Sence we defend them to be Supreme that is not at liberty to do what they list without regard of Truth or Right but without Superior on Earth Dr. Morton against the Pope's Supremacy out of an Epistle of Leo to the Emperor speaking thus You must not be ignorant that your Princely Power is given unto you not only in worldly Regiment but also spiritual for the Preservation of
Nature but from the Quality of the Persons who were made Judges of them They being spiritual Men the Causes come to be called spiritual Causes after their Names and Quality that were set over them These Causes growing and increasing in after-times according as spiritual Persons were able by the Popes assistance to rifle from Princes the managing of them require more hands than those to whom first committed namely the Bishops and such as were in holy Orders they therefore took in for Assistants a great number of others as Archdeacons Chancellors Commssiaries Officials c. and these are denominated Spiritual from those Causes and their assistance of Bishops in the managing of them and their Courts Spiritual Courts There are Persons that are truly spiritual The spiritual Man saith Paul judgeth all things 1 Cor. 2.14 and Gal. 6.1 Ye that are spiritual c. That is such as have Grace and Holiness He also that hath spiritual Gifts and in a Gospel-Office or Calling is a spiritual Person 1 Cor. 14.37 a Man of God 2 Tim. 3.17 1 Pet. 2.5 And there are Matters or Causes that are truly spiritual as the Law is spiritual Rom. 7. The Gospel and preaching of it is a sowing of spiritual things 1 Cor. 9. the Worship and Service of God 1 Cor. 12. and 14.12 and all Gifts and Ordinances of Christ are spiritual Yea whatsoever things natural or moral that are helps to the Persons worshipping and by which the Worship it self becomes more orderly and to Edification and in the defect whereof the Name of God is taken in vain and Ordinances of Christ become less acceptable and effectual these Things and Circumstances in some sence may be termed Spiritual or Ecclesiastical Persons and Causes of each sort whether vulgarly or properly termed Spiritual or Ecclesiastical are some way or other under the Magistrates Government The former of these those spiritual Persons and Courts and Causes appertaining to them in the first framing of this Oath were principally if not only intended and aimed at as appeareth in the Statutes before mentioned And indeed the greatest Contention between the Pope and our Princes in all time hath been about Ecclesiastical Matters of that nature being then judged of greatest prejudice in respect both to the Honour and Wealth of this Nation For those matters more truly spiritual and nearly relating to God and his Service the Ignorance of the times was such his Impositions both in Doctrine and Worship though very sinful unsound and superstitious were generally recelved by Prince and People in this Nation without resisting or complaining There can be no question but these matters being indeed temporal properly belong to the Secular Powers For for the space of three hundred Years this Distinction was not known saith Sir John Davis or heard of in the Christian World the Causes of Testaments Matrimony Sir J. D. in his Reports the Case of Premunire c. termed Ecclesiastical or Spiritual were meerly Civil and determined by the Civil Laws of the Magistrate And for Persons and Causes Spiritual or Ecclesiastical that are properly and indeed such as first-Table-Duties which contain matters of Faith and Holiness and what conduceth to the eternal Wellfare of Mens Souls an Interest and Duty there is in the Civil Magistrate more suo to give Commands and exercise lawful Jurisdiction about things of that nature And for Persons there is no Man for his Graces so spiritual or in respect of his Gifts and Office so eminent but he is under the Government of the Civil Powers in the Place where he lives as much in all respects as any other Subject CHAP. III. 1. Of Power its rise and original 2. Two sorts of Power in Ecclesiastical or Spiritual Things 3. Their Agreement and 4. Difference of the one from the other § 1. THere is a difference between Potentia and Potestas Potentia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Strength Force Robustness Such a Power is found not only in Men particular Persons as Sampson Goliah c. but in other inferior Creatures Potestas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jurisdiction Authority this is peculiar to rational Creatures Job 40.18 and as they are a Commonalty and in Society one with another Though Force and Strength as in singular Persons be sufficient for publick Actions yet without Authority we act not lawfully and having Authority if we have not Power and Strength sufficient we cannot act effectually therefore joyned together in a King Dan. 2.37 All Men by Nature are equal yet in the first forming of Man a Capacity is found in him with some remote Disposition to rule and obey as 1. A Sociableness let us make Man in our Image Vs and Our a Trinity in One his Creator Hence in each Man's Constitution a Propension and natural bent to Union This God himself observes It is not good for Man to be alone the Woman is created not only for a Companion but that Men and Women might increase and be multiplied 2. Multitudes of Men if not reduced into Subordination and Order having lost their original Righteousness will be a greater Evil than if each were alone by himself One Man will exalt himself ever others and according to that brutish Force and Strength wherein he excelleth rob oppress murther and pillage others 3. Hence a necessity of Republicks and Commonweals that some Rules and Laws may be provided not only for Direction but for Correction if need be 4. Such Laws imply Authority and a Supremacy also in it for such Authority or Jurisdiction only is Legislative Man consists of Soul and Body This Principle of Civility or Sociableness whence Authority hath its Original and Rise is placed primarily in the Soul Society and Republicks are for the moral Good of Mens Souls therefore and not to accommodate the Body only The Powers also that are being ordained of God Rom. 13. who is the Father of Spirits ought to be managed and directed to Matters wherein our Souls and Spirits are concerned The Good and Evil for which these Powers are ordained is not limited to the Body or outward Man The Power of Parents and Masters in the Family it is civil not sacred yet ordained for the bringing up Children and Servants in the Nurture of the Lord. Ephes 6.4 There being a new Creation in and through the Lord Jesus Christ These Persons created of God partake of a Divine Nature and thence the like Propension to Union and a holy Fellowship with those whom Christ hath redeemed out of the World Therefore a special Provision is made by the Lord Jesus for such to joyn together in particular Societies or Churches Himself being appointed by his Father to be their King and Law-giver who hath left them Rules and Laws for managing the Affairs of these spiritual Corporations or Brotherhoods as the Scripture terms them Power also and Authority for putting these Laws in execution is given unto Churches So that there is a twofold Power or Authority
to very great Poverty and Servitude Such Ruine being brought upon both Kingdoms by this Device and Engine the Claim and Exercise of Ecclesiastical Jurisdiction over Persons and Causes by a Foreign Power the Nation was awakened both King Lords and Commons yea the Spiritual Lords themselves to join with more Vigor against this Foreign Usurpation To this purpose severe Laws were made in the Time of Edw. 1st 2d 3d. Richard the 2d and Hen. the 4th Notwithstanding these Laws and some formerly as the Constitutions of Clarendon by Hen. 2. partly by Sufferance and partly by Negligence the whole Nation being Catholick and held under a devotional Slavery there was no thorow or successful Contest against these Oppressions They remained unto and were complained of in Henry the Eighth's Days as of Appeals to Rome in Causes of Matrimony Divorce Tithes c. to the great Inquietation Vexation and Trouble Costs and Charges of the King's Highness and many of his Subjects 24 Hen. 8. cap. 12. In a further Complaint Anno 25 cap. 21. it is declared how that the Subjects of this Realm have been greatly decay'd and impoverished by intolerable Exactions of great Sums of Money claimed and taken out of this Realm by the Bishop of Rome as well in Pensions Censes Peter-Pence Procurations Provisions Delegacies Rescripts in Causes of Contention and Appeals as also for Dispensations Licenses Faculties c. who assumed a Power to dispense with all humane Laws Vses and Customs of all Realms And many the like Complaints were made to King Henry by his Parliament at several times as it appears in the Statutes of that Age In which Statutes as in that of the 24th of Hen. 8. c. 12. 25. c. 21.26 c. 1 3. Anno 28. c. 1 7 10 16 and 35 c. 1. you have the whole Fabrick of Romish Usurpation laid level and all Ecclesiastical Power reduced within his Majesty's Dominions and placed in the Arch Bishop and other Ecclesiastical Persons under him by firm and severe Laws This being done the King is petitioned by his Lords and Commons That for further Corroboration of those Acts and utterly to exclude the long usurped Power Authority and Jurisdiction of the Bishop of Rome that an OATH containing the Substance and Effect of those Statutes be limited and tendred to his Subjects This Parcel of Sacred Worship an Oath is indulged to Mankind in Civil Affairs Such is the Falseness Unrighteousness and Uncertainty of Men as that human Societies could hardly subsist without it The Lord to repair our Credit hath formed Mens Hearts generally to a great and apparent Religion and Reverence of this Ordinance The Heathens themselves termed it Sacramium as if the most eminent or only Thing Sacred and religiously to be observed It is so effectual a Means to establish a Reformation as Men will be kept firm by Oaths saith one tho there were neither Laws nor Magistrates Liv. Hist We are exposed to more Variety and Changes from Vnsteadiness in the Mind than from any thing that is without us Fix the Conscience and you six the Man whatever Evil he is thereby exposed to There is nothing generally more effectual to fix the Conscience than an Oath If I have sworn and invocated the Name of God in an Engagement it will be an End of all Strife and dispute with my self as well as with others Heb. 6.16 Our Counsels and Resolutions are in common apprehension become immutable when confirmed by an Oath ver 17. Numb 30.3 Whosoever saith Moses sweareth an Oath and bindeth his Soul by a Bond. It is the Bond of the Soul we have given Security for our Faithfulness from Heaven For removing the Romish Yoke which lay so heavy upon Prince and People Means hath been used again and again almost in each King's Reign for near Four Hundred Years but to no great effect Gospel-Light dawning about us and the binding of our Souls by an Oath hath been the fixing of this great Work and the best Fence against Popery that ever was set up I have spoken the more sully of the Occasion and this Means our Oath that we may not judg the taking of it to be a taking the Name of God in vain for as long as this Nation is in danger of Popish Tyranny in Ecclesiastical Matters so long is this Oath of absolute use and advantage as the best Security between Man and Man for Union against it § 3. A Parliament being called in 22 Hen. 8. the King was recognized by the Clergy of that Convocation Supreme Head of the Church the Expression or Form hereof debated a reed upon and subscribed by each Person there was this Cujus Ecclesiae Anglicanae singularem Protectorem unicum supremum Dominum quantum per Christi leges liect supremum Caput ipsius Majestatem recognoscimus This Title was afterwards confirmed by divers Acts of Parliament and two Oaths formed to this purpose in one Parliament viz. 28 Hen. 8. the one more brief having with it the Succession of the Crown in cap. 7. the other more full and large and to this purpose only cap. 10. Some Years after viz. in An. 35 Hen. 8. a Revive of both these Oaths was made by the Parliament and with some Alterations reduced into one The Reasons there are given why this was done and it was resolved Those Oaths shall not therefore be administred and this Oath to stand in force and place of the two Oaths Which Oath began thus I A. B. having now the Vail of Darkness of the usurped Power of the See and Bishops of Rome clearly taken away from mine Eyes do utterly testify c. This Oath remained the same the rest of his Reign and all Edward the Sixth's time Queen Elizabeth in the first Year of her Reign made these Alterations 1. That Expression of Supreme Head c. went hardly down by some as taking too much from the Pope and as giving too much to any Secular Prince by others Tho Henry the 8th by his Letter written to the Clergy of York-Province Anno 1533. well defends it yet Queen Elizabeth by her Parliament changed that Expression 1 Eliz. 2. The Oath was altered to use Secretary Walsingham's Words into a more grateful Form In his Letter to Critoy Sec. of France the hardness of the Name and the Appellation of Supreme Head being removed 2. This Oath by that 35 of Hen. 8. might be tendered to any Subject at the King's pleasure cap. 1. By the Statute 1 Eliz. 8. the urging of it was limited to certain Persons employed in Publick Trust 3. The Penalty for refusing it at first was no less than High-Treason By the Statute 1 Eliz. the Punishment for Refusal is only a Disenablement to take any Promotion or exercise any Publick Charge yet with this Proviso if afterwards during Life there were a submitting to take this Oath the Person might be restored to his Office or Charge But by the Parliament in 5 Eliz.
the Punishment which as yet stands is greater The first Refusal of the Oath brings the Person within a Praemunire and if tendred a second time after the space of three Months and again refused by the same Person it is High-Treason This Severity in the Punishment is recompensed with a more gentle and indulgent Interpretation of the Oath as will appear in the following Section As we are not to swear rashly so our Laws do not give Oaths rashly but with great care and tenderness weighing and considering both the Matter Persons Penalties and the Season or Occasion being not willing their Laws or Punishments for breaking of them be a Snare or at any time more grievous to the Subject than the Necessity of State requires § 4. The true Scope and Sence of this Oath may be gathered from the Laws and Statutes since established and some Light also from other Writers of Note Queen Eliz. within a little time after this Oath was reduced to the Form wherein now it stands in an Admonition annexed to the Injunctions declareth the Sence and Interpretation of it as followeth The Admonition annexed to the Queen's Injunctions THe Queen's Majesty being informed that in certain Places of this Realm sundry of her Native Subjects being called to Ecclesiastical Ministry in the Church be by sinister Persuasion and perverse Construction induced to find some scruple in the Form of an Oath which by an Act of the last Parliament is prescribed to be required of divers Persons for the Recognition of their Allegiance to her Majesty which certainly neither was ever meant ne by any equity of Words or good Sence can be thereof gathered would that all her Loving Subjects should understand that nothing was is or shall be meant or intended by the same Oath to have any other Duty Allegiance or Bond required by the same Oath than was acknowledged to be due to the most noble Kings of famous memory King Henry the Eighth her Majesty's Father or King Edward the Sixth her Majesty's Brother And further her Majesty forbiddeth all manner her Subjects to give ear or credit to such perverse and malicious Persons which most sinisterly and maliciously labour to notify to her Loving Subjects how by the Words of the said Oath it may be collected the Kings or Queens of this Realm Possessors of the Crown may challenge Authority and Power of Ministry of Divine Offices in the Church wherein her said Subjects be much abused by such evil disposed Persons For certainly her Majesty neither doth ne ever will challenge any other Authority than that was challenged and lately used by the said noble Kings of famous memory King Henry the Eighth and King Edward the Sixth which is and was of ancient time due to the Imperial Crown of this Realm That is under God to have the Sovereignty and Rule over all manner of Persons born within these her Realms Dominions and Countries of what Estate either Ecclesiastical or Temporal soever they be so as no other Foreign Power shall or ought to have any Superiority over them And if any Person that hath conceived any other Sence of the Form of the said Oath shall accept the same Oath with this Interpretation Sence or Meaning her Majesty is well pleased to accept every such in that behalf as her good and obedient Subjects and shall acquit them of all manner Penalties contained in the said Act against such as shall peremptorily or obstinately refuse to take the same Oath In the fifth Year of her Reign there is by Act of Parliament a Confirmation of this Sence by way of Proviso in these Words The Proviso in the Statute of 5 Eliz. cap. 1. Provided also That the Oath expressed in the said Act made in the said first Year shall be taken and expounded in such Form as is set forth in an Admonition annexed to the Queen's Majesty's Injunctions published in the first Year of her Majesties Reign That is to say to confess and acknowledg in her Majesty her Heirs and Successors none other Authority than that was challenged and lately used by the Noble King Henry the Eighth and King Edward the Sixth as in the said Admonition more plainly may appear There may be a Doubt made about this Interpretation as whether it be not inconsistent with the Words of the Oath it seems to be rather a material Change of them than an Interpretation In the Oath it is All Spiritual or Ecclesiastical Things or Causes in the Interpretation it is All manner of Persons of what Estate either Ecclesiastical or Temporal soever they be The Oath seems to speak of one thing and the Interpretation of another Ad leges per se requiritur potestas in persmam secunderio in res altas Suarez de Le◠lib. 1. cap. 8. the one of Causes and the other of Persons Answ There is no opposition or Inconsistency between these two Persons and Causes The principal Object of a Law is a Person and a Person with respect to his Actions a Person morally considered for a Person physical that is in his Being only and Nature as Man without moving or acting any thing good or evil is not the Object of a Law nor Actions of any kind or sort whatsoever as Actions and in that general Consideration do come under a Law but as they respect Persons and are some way or other the Actions of reasonable Creatures Tho a Law be made to punish the Ox which goreth a Man that he dieth Fxod 21.29 yet it is with respect to Man to let him know how much God is provoked by shedding Man's Blood as Gen. 9.5 1 Cor. 9.9 10. Doth God care for Oxen Doth God in his Law respect the Beast for it self is it not that Man may be instructed and restained Verse 10. He saith it altogether for our sakes The mentioning of Ecclesiastical Causes therefore doth imply Persons and Persons of the same Denomination to whom such Actions are peculiar that is Ecclesiastical Persons 2. And that this latter is an Interpretation of the former will thus appear The Oath in giving a Supremacy in all Spiritual or Ecclesiastical Causes might seem to imply Spiritual Things to be the immediate and proper Object of the Magistrates Power and spiritual Persons only for this because they had to do in spiritual Matters and to infer thence that the Christian Magistrate hath Power in spiritual Administrations as the Word and Sacraments after the same manner as hath the Ministers of Christ who have Power in these Things as the principal and immediate Object of their Function Which this Form af Expression in the Admonition doth clearly take away 1. In asserting that by the Words of the said Oath Kings or Queens of this Realm may not challenge Authority and Power of Ministry of Divine Offices in the Church 2. The mentioning Ecclesiastical Persons and not Spiritual or Ecclesiastical Causes at all implieth that the Persons of Bishops Presbyters and such like are primarily and
over many Churches much more over whole Kingdoms and Provinces of Churches Dr. Bilson speaks much to this purpose Of Supremacy pag. 238. Tho saith he Bishops may be called Governors in respect of the Soul yet only Princes be Governors of Realms Pastors have Flocks and Bishops have Diocesses Realms Dominions and Countries none have but Princes and Magistrates And so the Stile Governor of this Realm belongeth only to the Prince and not to the Priest and importeth a Publick and Princely Regiment The Common-Wealth saith Mr. Baxter containeth all the People in a whole Nation Holy Common-wealth pag. 220. or more as united in one Sovereign But particular Churches have no general Ecclesiastical Officers in whom a Nation must unite as one Church but are as several Corporations in one Kingdom c. We see saith Sir Fr. Bacon in all Laws in the World Considerations about Church-Affairs Offices of Confidence and Skill cannot be exercised by Delegation all such Trust is personal and inherent and may not be transported and delegated as that of Kings which for the most part is hereditary and rather an Office of Interest than Confidence 2. In respect to Causes the Church-Power extends its Censures to no Causes but such as the other may as to Popery Heresy c. But in many Cases the Civil Magistrate extends his Care and Authority where Church-Power moddles not As to Jews and Pagans and such as are not Members of the Church some things may be done by the Magistrate even for these being Members of his Common-Wealth that may conduce to their spiritual Good The Church-Power is limited as 1 Cor. 5.12 So likewise whether the Crime committed be private or publick Matter of Scandal or not or the Person penitent or otherwise these Powers are at liberty to punish or pardon alike and as they shall judg it expedient to be severe or merciful accordingly They may form or reform the Laws and Statutes by which they govern 1 Eliz. cap 1. with 35 Hen 8. making the same Fault Treason in one Age that in the next not so much as Imprisonment But Church-Power is limited the same Crime the same Punishment ever not being in the Power of this Republick to vary in their Process in respect of lesser or greater Censures if the Crime be she same 5. In their Constitution or Tenure Licet omnis Potestas saith Carbo tum Ecclesiastica tum Civilis Carbo de Leg. iib. 2. cap. 8. sit à Deo tamen non eodem modo nam politica licet universe sit jure Divino in particulari est jure Gentium Ecclesiastica omni modo est jure divino à Deo Government in general is of Divine Right but whether in this or that particular Form as in one or a few representing the rest this is humane and hath its Original from Man That Power which is termed an Ordinance of God in Rom. 13. is called an Ordinance of Man in 1 Pet. 2. Church-Power and Government being spiritual hath all particulars for substance both in respect of Persons and Administrations for matter and manner appointed by Jesus Christ and in all Nations to be the same Civil Power even in Ecclesiastical Matters in many things for substance is left to the Prudence of the State in which it is exercised and in the Forms of it various according to the manner of the Nation As for Instance Inspection into Religious Assemblies visiting and observing their Demeanour receiving Complaints by reason of Wrongs Disorders c. These things may be done by the Civil Magistrate in his own Person or by Persons authorized from him these Persons may be many or but one in a Division these Divisions of larger or less Compass And for the manner of Procedure it 's various as Ecclesiastical Courts differ in their manner of Process from Civil or of a Method or Way of handling Causes different from each be established by Law it is equally warrantable There are particular Directions left by Christ according to which the Officers and Persons more especially entrusted with this Power are designed to and invested in their Places and Charge as Election Ordination c. with Fasting and Prayer The other Powers are setled upon and claimed in such ways as the respective Law of Nations design as by Birth Lot Victory Donation or the like as well as Election insomuch as a Woman or Child may have a rightful Claim to this Supreme Trust and the Management of it by themselves or others as shall be appointed CHAP. IV. § 1. Of the Necessity and Vsefulness of a Jurisdiction over Persons and in Causes Ecclesiastical besides what is in Churches § 2. This Power is placed in Kings and such as are the Supreme Governors in a Common-Wealth § 1. FOr the second we shall shew how necessary and useful Civil Power is even in Ecclesiastical or Spiritual Matters notwithstanding the other It is not to be denied that Souls were converted and Churches established and kept up when there was no Assistance but rather Opposition from the Princes of the Earth as in the Apostolick and Primitive Times The Benefit we have now by Christian Mgistrates was then more abundantly supplied the Infancy of Christianity requiring more by the Miracles wrought and the constant Direction and Care of Apostolick and extraordinary Persons who were gifted by Christ for that purpose All the ordinary Helps that now we have by external and more sensual or carnal Means contributing any thing to these great Works is only a pious and Christian Magistracy where a Nation is blessed with it The Benefit hereof is much in a spiritual respect both to the World as likewise to the Church 1. It is tho remote a great Help to bring Men out of their natural Condition unto Life and Salvation We are exhorted to pray for Kings and such as are in Authority 1 Tim. 2. The reason v. 4. For God will have all men to be saved and to come to the knowledg of the Truth As the Knowledg of the Truth is a means to bring a Soul into a saving State so is the Magistrate being enlightned himself a great Means to bring us to the knowledg of the Truth Those Men were in a great Distance from God in a Rage against Christ and Religion Psal 2.1 they did combine against the strict Ways of the Gospel these poor Heathens being notwithstanding given to Christ by Election v. 8. David useth a twofold Method for reducing them The first is a representing their wretched and miscrable Condition while in this State of Enmity ver 9. Then 2. deals with their Princes and Rulers to be forthwith instructed and serve the Lord i.e. as Kings and Magistrates in their publick Capacity But must not the People be instructed also Such Magistrates will speedily provide and take care for their People that they may be brought to the knowledg of the Truth and therefore it needs not to be mentioned The Magistratical
is by that Author further said If the Brethren or Officers in a Church be perverse Cap. 2. and will not hearken to Reason they that are wronged are to crave the assistance of the Civil Magistrate who alone hath Power and who ought by the Civil Sword and Authority procure to all Members of the Church Governors or others freedom from all manifest injuries and wrongs The manner how the Civil Magistrate is to proceed in church-Church-causes is there also described to us in the words following Though the Civil Magistrate cannot absolve the Excommunicate person c. or take away this power from the Church yet when they or any of them shall apparently abuse the same he is bound by the Law of God and by virtue of his Office grounded upon the same to punish them severely for it and to force them by Civil Mulcts to rectisy c. THus I have done with that first Consideration upon the account whereof the Vsefulness and Necessity of the Civil Magistrates Ecclesiastical power is affirmed Which is in respect to the well-being of Churches There is another consideration remaining now likewise to be prosecuted shewing the like necessity of this Power in respect and relation to the well-being of the Commonwealth The Knowledge and true Worship of God and the means hereof the word of God is a national gift He hath given his Law to Jacob he hath not dealt so with other Nations Psal 147. It was true then for Israel had this priviledge as a peculiar but now it is otherwise And where the Lord is so bountiful to a Nation thus to give the means of Life and Salvation it is a Depositum Governors must account for The whole Nation becomes peaceable prosperous or otherwise according as the matters of God and his Worship are more or less Religiously attended by the Governors and People thereof This Consideration is urged by Bishop Davenant to this purpose Daven de judu cont ca. 16. p. 91. Regis potestas judiciaria se extendit ad ea omnia sancienda quae rem publicam florentem conservant atque ad ea tollenda c. The Kings Legislative power extends to the establishming of whatsoever may preserve a Commonwealth in a flourishing State and the taking away of all such things as may prejudice or ruine it But the Religious Worship of God is granted of all even of the very Heathens as of concernment to the well-being of the Republick and the neglect of it to the eversion of it The careful and orderly management of Religious affairs being a special means and way to make the Republick prosperous the care whereof lieth upon the Magistrate It is necessary that he both judge of and put forth his Authority in the procuring and preserving such a means or conducement the further prosecution of this second Argument together with other particulars requisite to the resolving this Case I shall leave to a second Part of this Discourse in which after the clearing and vindicating the former part of the Oath as lawfully to be taken The two great doubts arising from the latter part of it shall more largely be insisted upon The words are these I shall to my Power Assist and Defend all Jurisdictions belonging to the Kings Highness or united to the Crown c. The Doubts hereupon are 1. The Jurisdiction Priviledges c. granted and united to the Imperial Crown are unknown unto us and some of them Controverted How can we swear in judgment Jer. 4.2 Answ Though there be not a distinct knowledge in respect of each particular yet an Oath may be taken in Judgment and how 2. There are some Jurisdictions Priviledges c. in Spiritual matters granted and united to the Crown the lawfulness whereof are scrupled and we may possibly believe they do not belong to the Civil Magistrate How can we swear to assist and defend him in such and Swear in Righteousness Answ In a Federacy or Allegiance to assist and defend another against a common Enemy if the things be just and lawful in His opinion though doubted of or thought otherwise in ours It is no unrighteousness in us to give assistance according to our Oath These Resolutions and Assertions I doubt not will be made evident in what is to follow and be the other part of this Discourse POSTSCRIPT HAving satisfied divers Friends that were scrupled about the Oath of Supremacy I was desired by my Brethren in the Ministry and others knowing my unhappy leisure to publish something this way wherein accordingly I made entrance but finding this Oath not so much pressed and the Subject such as is capable from me especially of a various reception I laid it long aside with purpose to make no further progress afterwards understanding some Persons of Honour judged such a Work to be useful and seasonable it was re-assumed In the Prosecution hereof I have stated something of Ecclesiastical Jurisdiction as claimed by Churches and Churchmen of each perswasion and how it stands in habitude and relation to His Majesties Supremacy in these Affairs Not with any purpose to reflect upon the judgment or practice of others whom for their Learning and Holiness I shall ever greatly reverence but that I might the more fully and distinctly lay down what is asserted by those of the Congregational way And upon these Considerations 1. It being now a season for us humbly to apply for the Liberty of our Consciences in the Worship and Service of God upon the encouragement of His Majesties most Gracious Declaration exhibited on that behalf wherein we understand our selves to be fully comprehended And finding our Way and Principles represented by some in Print though we fully agree with this and other Reformed Churches in all the Articles of Religion concerning the true Christian Faith and Doctrine of Sacraments Printed Anno 1658. which is evident by our Confession of Faith as inconsistent with and destructive to the Peace of Civil Government This if believed cannot but be a sufficient Block in the way of our Liberty I thought it necessary for the removing all Prejudices in order to the obtaining of our aforesaid Liberty to give some further account of our Way and to represent more distinctly and particularly our Principles that it may appear whatsoever hath been said to the contrary that there is nothing in them but what is consistent with and most agreeable to the Civil Government or that should render us in any sort uncapable of receiving the fruit and benefit of the King's Majesties Favor and Indulgence promised to Tender Consciences 2. We find Ecclesiastical Power where claimed Jure Divino Secret Walsingham's Letters to Critoy and immediately from the Lord by their Churches or Officers hath always been a matter of Jealousie as derogating from the King's Supremacy I. The Jurisdiction we pretend to as appears in this Discourse and avouch as the appointment of Christ is the lowest for kind and of narrowest extention