fit as the Prince to give this Indulgence And it is not only lawfull to Tolerate disagreeing Perswasions but the Authority of God only is competent to take notice of it and infallible to determine it and fit to judge And therefore no humane Authority is sufficient to do all these things which can justifie the inflicting of temporal Punishments upon such as do not Conform in their Perswasions to a Rule or Authority which is not only fallible but supposed by the disagreeing Persons to be actually deceived But I consider saith the Bishop that in the Toleration of a different Opinion Religion is not properly and immediately concerned so as in any degree to be indangered It is also a part of Christian Religion Tertullian ad Scapul Humani juris naturalis potestatis unicuique quod putaverit colere sed nec Religionis est cogere religionem quae sucipi sponte debet non vi Heretici qui pace data scinduntur persecutione uniuntur Contra Remp. Dextra praecipue capit Indulgentia mentes Asperitas odium saevaque Bella parit that the Liberty of mens Consciences should be preserved in all things where God hath not set a limit and made a restraint that the Soul of man should be free and acknowledge no Master but Christ Jesus that matters Spiritual should not be restrained by Punishments Corporal Thuanus wisely observes That if you Persecute Hereticks or Discrepants they Vnite themselves as to a common defence if you Permit and Indulge them they divide themselves upon private Interest and the rather if this Interest was an ingredient of the Opinion the reason therefore is much the stronger for this Indulgence In Cases where there is no sin nor disturbance of the publique Peace it is not only lawful to permit but necessary that Princes and all in Authority should not Persecute discrepant Opinions 5. That this right of granting Indulgence is in the King seems also to be warranted from the Common Law of England The Statute before cited recites that by authentique Histories and Chronicles it appears that this Realm is an Empire and both Spiritualty and Temporalty subject to it and that the King is Supream Head thereof 24 H. 8. This being so by the Common Law He as supream Head may grant any Indulgence or Dispensation where the Law doth not forbid the same And I know no Law which forbids the Kings granting of Indulgence in this Case In the time of K. 4 H. 3. 7 H. 3. prohibit 13 15 H. 3. prohibit 15.22 Cokâ— 5. Rep. Eccles Case fol. 1. Hen. 3. and since Prohibitions were frequent and granted as the Kings right by the Common Law. So was the Writing in the Kings Name to the Bishop to absolve a person Excommunicate and to certifie Loyalty of Marriage Bastardy and the like If in these Spiritual matters the King by the Common Law might indulge as to absolve a person Excommunicate and the like he may upon as strong Reason of the Law give Indulgence in the matters now desired We find also in the Annals of our Law Resolutions that the King may exempt any Ecclesiastical person from the Jurisdiction of the Ordinary 17 E. 3.24 and may grant to him Episcopal Jurisdiction and Exemption this was nothing else but an Indulgence granted by the King and that from the grounds of the Common Law. By the Common Law the King may dispense with Ecclesiastical Law 11 H. 7. f. 12. for Pluralities and for a Bastard to be made a Priest by the same ground of Law he may grant the Dispensation and Indulgence which is now desired A Dispensation or a Non Obstante is nothing else but an Indulgence in that particular case according to the Canon Law. And it was the Resolution of all the Judges of England Coke 7 Rep. Case de penal Laws f. 16.37 in the 2d year of King James That the King upon any Cause moving him in respect of time place person c. may grant a Non Obstante to dispense with any particular person that he shall not incurre the penalty of a Statute and this agreeth with Books of Law. Another Resolution was by divers of the Judges 10 Apr. 9 Car. 1. at the Sessions at Newgate That the King may pardon an Indictment upon the Statute of 5 Eliz. and that he may by the Common Law give a License to one to exercise a Trade for all his Life-time although he had not been an Apprentice to it because it is not malum in se but malum prohibitum Upon the same Reason and ground of Law Coke 11 Rep. f. 88. Dispensatio mali prohibiti st de jure domino Regi concessa propter impossibilitatem praevidendi de omâ—i us particularibus Dispensatio est provida relaxatio mali prohibiti utilitate seu necessitate pensata Brittan f. 280. 282 283. Fleta l. 6. c. 8. Coke Comment on Littleton f. 131. the King may grant a License of Indulgence in spiritual matters as well as in those Cases of temporal matters especially when the Indulgence is not desired for any thing that is malum in se but only perhaps Bonum prohibitum It is agreed for Law in another Case in our Books That the Law hath given power to the King that of right he may dispense with a prohibited evil because of the impossibility of foreseeing all particulars which may fall out And that a Dispensation is a provident relaxation or Indulgence of a prohibited evil upon consideration of profit or necessity The right to do this being by our Law in the King comprehends within the same right of the King his granting of Indulgence in matters spiritual By the old Law no Lord or Knight could go beyond Sea because thereby the Realm might be disfurnished of valiant men Yet in that Case the King might by the Common Law grant Licence or Indulgence to any Lord or Knight or other to go beyond Sea and dispense with that Law. But I am not arguing at the Bar a point of Law to cite all Authorities I can meet with for it I only mention a few to the end that by them the reason of the Law and the Application to our present purpose may be the better apprehended I shall therefore forbear to cite more and conclude with this one general ground of our Common Law the wisdom whereof hath thought fit that Acts of Grace and Favour should be in the Right of the King to be dispensed by him for the more obliging of his Subjects and the gaining their affections to him Hence it is that the granting of Exemptions Licences Faculties Dispensations Non-obstante's and the like Acts of Grace are left unto the King and are in his right to grant or deny them as he shall judge fit So it is if a man be convicted of Felony or Treason and hath judgment of Death past upon him by the Law he is to suffer Death yet the Law gives the Power and
and Persons and for Reformation under and correction of the same and of all manner of Errors Heresies Schisms Abuses Offences contempts and enormities should for ever by authority of that Parliament be united and annexed to the Imperial Crown of this Realm I shall still forbear to mention that arrogancy of granting Indulgences to reach to Eternisy to pardon Sin at which every sober Christian may grieve and will readily agree it not to be within this Act. Nor will it be denyed but that the Pope practised here the granting of Indulgence to whomsoever he pleased and in any spiritual matter whatsoever and as the Law was then taken and submitted unto he was held lawfully to exercise that Jurisdiction If it were so then the same Jurisdiction and right of Indulgence so exercised by the Pope is now by this Act annexed and united to the Crown and the King possessed and re-invested in his ancient Right and the same may be accordingly exercised by him And the Power by this Act to order Errors Schisms c. will comprehend the granting of Indulgence which some hold to be the best and safest way to order Errors and Schisms and doubtless if there ever were a right of Indulgence exercised in this Realm by any lawful power the same is by this Act vested in the King. But I shall thus briefly pass by others and come to that Act of Parliament which in express terms seems to allow this Right to be in the King or gives it to him And this is the Statute of 25 H. â—5 H. 8. c. â—1 8. in which there is this clause That the Arch-bishop and his Commissary shall not grant any other Licence Dispensation Faculty c. in causes unwont and not accustomed to be had at Rome nor by Authority thereof nor by any Prelate of this Realm until your Grace your Heirs or Successors or your or their Councel shall first be advertiz'd thereof and determine whether such Licences Dispensations c. in such Cases unwont and not accustomed to be dispensed withall or allowed shall pass or no. And if it be determined by your Grace your Heirs or Successors or your or their Council that Dispensations Licences or other writings in any such case unwont shall pass then the Arch-bishop or his Commissary having Licence of your Highness your Heirs or Successors for the same by your or their Bill assigned shall dispense with them accordingly Provided that Dispensations Licenses c. where the Taxe for expedition at Rome extended to 4 l. or above shall not be put in execution till confirmed by the King under the Great Seal And it enacts that where the Arch-bishop or Guardian of the Spiritualties deny to grant a Dispensation or Licence which ought to be granted the Chancellour shall send an Injunction under the Great Seal commanding it to be granted under a pain which not being obeyed and no just cause certified why it is not done the Bishop or Guardian of the Spiritualties shall forfeit such Penalties And the King after due Examination that such Licences Faculties or Dispensations may be granted without offending the Holy Scriytures and laws of God may by Commission under the Great Seal to two spiritual Prelates or other Persons to be named by him authorize them to grant such Licences And it gives power to the King for the ordering redress and reformation of Indulgences formerly obtained at Rome and such of them as shall seem good and reasonable for the honour of God and the weal of his People and such order shall be observed This Statute in plain terms gives the right of granting Indulgence 1. Where the cause is unwont and unaccustomâ—d 2. Where it is a cause of Importance as all will agree the Indulgence now desired to be 3. Upon a Denyal of the Bishops who will hardly take upon them to grant an Indulgence in the matter In all these Cases by the plain words of this Act the Power and Right of granting such Indulgence is clearly in the King to whom this Statute gives it in express words if it were not in him by the former Acts or as indeed it also is by the Common Law of England CHAP. VII The Answer to Objections against this Right of the King. 1. IT is objected That if this Right should be in the King object and he should exercise the same it would be a countenance and incouragement of Schisms and Divisions in the Church To which is answered That the Persecuting of different Opinions answ is that which causeth the Schism not the dissenting in Opinion for if one be a Non-conformist he troubles nor disquiets no others by his Nonconformity if they let him alone he is satisfied But when he is troubled or punished because he differs in opinion from some in Power this causeth the Rent or Schism in the Church which otherwise would be whole the Persecutors cut off the Dissenters from them and are most properly to be termed the Schismaticks But admitting these whom the Persecutors call so to be Schismaticks yet to indulge them so as that they shall not be punished is no more to incourage their Opinions than it is to incourage the wearing of Scarlet when men are not punished for wearing of that or of any other colour The way to countenance and incourage any thing except by rewards and perferments will hardly be found effectual the not punishing is no reward and the not punishing of Non-conformity will not be found such a reward or bait as to countenance and incourage Schism But admit the Prince upon Emergencies of State should evidently see it necessary to countenance or incourage Non-conformists and that the same would much tend to the preservation of the Publick peace to grant indulgence to them without which it might be endangered If this Right of Indulgence should be denied him the duty of common preservation could not be expected from him the requisites and powers necessary thereunto not being allowed to him 2. Another Objection is object That if the King should exercise this Right of Indulgence it would be a hindrance to that most desirable thing in the Church of Christ Vniformity To which is answered answ That no good Christian but will heartily pray and endeavour for this uniformity Lord St. Albans Essay of Unity in Religion yet as the Chancellor Bacon notes Vnity and Vniformity are Two things One of the Fathers observes That Christs Coat indeed had no Seam but the Churches Vesture was of divers Colours there may be an Unity though not a strict Uniformity It is a good and pleasant thing to dwell together in Vnity Psal 133.1 Eph. 4.3.13 and we must endeavour to keep the Vnity of the Spirit in the Bond of Peace which surely is most broken by Persecution There is no way but in the unity of the Faith and knowledg of the Son of God to come unto a perfect man to the measure of the Stature of the fulness of Christ But
whole Estate is thereby past away and what he had by Law he hath given away by this Release of his Right That which we call a Man's Right is that which is due which by Law and Justice he ought to have 2. Next We may consider the King 's Right which is what the Law and Justice gives to the King that which is due to him The Right of the King of England is no new upstart Right but of great Antiquity injoyed by his Predecessors from the beginning of Government amongst us It is no Usurped Right but descended to him from his Royal Ancestors by Succession and Inheritance It is no disputable Right but certain and clear defined by the known Laws of this Kingdom and general Consent of his People who have submitted thereunto It is no Subordinate Right our King acknowledgeth no Superior his Empire is Independant under God and as Soveraign by Law as any Prince's in Christendom 3. Of the King's Grant may be our next Argument wherein I intend not to argue the several sorts of the King's Grants under the Great Seal the Privy Seal or his Sign Manuel and the force of such Grants This is not our present business but the meaning of the King's Grant as we intend it is where he gives or bestows his Favour and Indulgence to any of his Subjects by such ways and legal Conveyance or Grant thereof as is Valid and Effectual to those to whom it is made be it under the Great Seal or otherwise this is meant by the King's Grant. And it is the Honourable Intention of the King that all his Grants should be effectual and valid as the Grants of a King ought to be else his Officers do not their duty 4. We may now inquire the meaning of Indulgence The word Indulgentia Spieg. Is cui alimenta relicta fuerant in metallis damnatus Dd. in exped ard de Por. c. ult l. 6. Spieg. Lib. in quasd 13. ss 4. cap. de Sen. pass restit 9. in Extra de Paen. remis L. 2.3.11 c. de sent pas Bris was properly used for the leaving of Victuals for one who is condemned to the Mines It comprehends generally a Permission a Condescention a certain Lenity or mildness So it used in the Civil Laws and the Canonists take it for a Pardon It comprehends a Recovery or Restitution of Dignity Lands and of all things lost Most pertinent to our purpose is the Sense wherein the Gloss takes it that it means a relaxation of Punishment which one is to undergo for his Offences a grant of the Prince's Clemency by which a Subject is freed from Punishment and in this sense doth the Law of England also mean an Indulgence and is the same with a License an Exemption a Pardon or a Dispensation 5. We may likewise inquire the meaning of Spiritual Matters by them are meant such matters as concern the Soul or Spirit such as concern the Worship of God in Doctrine and Discipline It is no loose Consideration Seneca Epist 27. by what Care and Cost Kingdoms and States should be preserved being they derive and uphold all happiness to Men. The only infallible ground of their preservation is true Religion the worship of God in Spirit and in Truth And though ill manners are by accident the cause Ex malis moribus bonae leges or rather occasion of good Laws which are better in execution and best in obedience yet good manners cause obedience and Religion begets good manners Spiritual matters are matters of Religion but Religion cannot consist without Publick Exercise and action and the requisits thereof If the Expression Spiritual P. Nye of the Kings Supremacy be interpreted by the contradistinct member Temporal it seems to direct us to understand such matters as concern Eternity for that is the true opposite to what is Temporal The things that are seen are Temporal 2 Cor. 4.18 and the things that are not seen are Eternal This we mean by Matters Spiritual 6. But it may be now not improper to express in the negative what I do not mean by this Indulgence and then what I do mean by it By Indulgence I do not mean that a toleration should be granted by the King of any known Blasphemy or Sin. Neither do I mean such Indulgences whereof Luther complains that for Money Indulgence was granted for Sin and redemption out of Purgatory surely none can pardon Sin but God alone and Money got by such means perisheth with the getter 7. But in the affirmative by Indulgence in Spiritual matters is meant a permission of Liberty of mens Consciences in matters not sinful of themselves and whereby there is no disturbance of the Publick Peace That where Men out of tenderness of Conscience cannot submit to some particulars injoyned by Authority in matters touching God's Worship fearing or doubting least if they should do it they should offend God and hazard the salvation of their precious Souls and upon these grounds do not conform yet live peaceably For an Indulgence and Permission to these Persons to serve God as they think most for the good of their own Souls especially when they agree in Fundamentals with the rest of their Brethren That these may not be punished in their Estates or Liberties much less in their Lives for Nonconformity This is that Indulgence which is meant in matters Spiritual CHAP. II. That from Grounds of Policy Indulgence in Spiritual Matters is fit to be granted 1. IT will be needless to discourse of the King 's Right to grant Indulgence in Spiritual matters unless it be fit and expedient that such Indulgence be granted If it be not fit to be granted the King will not grant it his wisdom and affection to his People will disswade him from it therefore before we proceed any further in this Argument it will not be impertinent to enquire whether such Indulgence be fit to be granted or not And it seems to me very clear that it is fit to be granted and that first from grounds of Polity The chief grounds of Polity is the preservation of the Publick Peace to which nothing more conduceth than the granting such Indulgence Other grounds of Polity therein are the incouragement of Trade the increase of People their dependance upon the Prince and the quieting of mens troubled minds Upon all which grounds is inferrd and that in Polity the granting of such Indulgence and we shall take the liberty to treat somewhat of them in order 1. It seems fit for the better preservation of the Publick Peace that such Indulgence be granted Tacitus notes That it is safer to let pass things grown up and strong in discrepancy than to provoke them to future discords When things are old and rooted they labour in vain who would remove them by violence the shaking of them makes them but the firmer To unite Men in Religion by force is to cause the Sword to be drawn French History H. 4.
the speaking or declaring of Law the soveraign or the highest lawful Authority Spiritual Jurisdiction is about matters relating to the Spirit or Souls of Men to Eternity wherein a King in the strict acceptation of the Word can have no Jurisdiction for no Power can command the Spirit or Soul of Man but God only French Academy c. 33. p 540 541. Accordingly an Ingenious French Author holds That one part of Man's building the Soul is created free for ever and to be exempted from the yoke of Humane Power acknowledging only the Divine Jurisdiction as the Apostle intimates Standfast in the liberty wherewith Christ hath made us free Gal. 5.18 ye have been called unto Liberty The Spiritual Jurisdiction whereof we speak is and can only be exercised upon the Body concerning some actions which may have a relation to the Spirit and eternal condition of Man wherein the Magistrates power is exercised to suppress Idolatry and Sin. Field of the Church p. 680. Dr. Field saith that Spiritual Causes are of two sorts some are originally and naturally such and some only in that they are referred to the cognizance of Spiritual or Ecclesiastical Persons as the Ecclesiastical Testaments Matrimony Sir John Davis rep Case of the Premunire c. And Sir John Davis saith that for 300 Years this distinction of Spiritual or Ecclesiastical and Civil was not known or heard of in the Christian World. The causes of Testaments Matrimony c. termed Ecclesiastical or Spiritual were indeed meerly Civil and determined by the Laws of the Secular Magistrate for making of Wills and Marrying were regarded by Heathens as well as Christians But for Causes and Persons Spiritual and Ecclesiastical that are properly and indeed such as First-table-duties which concern matters of Faith and Holyness and what conduceth to the eternal welfare of Mens Souls Some hold there is a Right in the Civil Magistrate more suo to give Commands and exercise lawful Jurisdiction about things of that nature And it is meant and will in part be made appear that as to Spiritual Matters a Supreme Spiritual Jurisdiction which is always to be intended according to Law over Persons and Matters which are usually termed Spiritual or Ecclesiastical is in Kings 2. In the next place we may consider the matter of fact and the consequence of the Argument thereupon The matter of Fact will be showed to be the constant and general practice and exercise of Supreme Jurisdiction in Spiritual Matters by most Kings and Princes both Christians and Pagans and from the eldest Times to our present Age which will be distinguished and some particulars of this Practice briefly noted in the following Sections The consequence and conclusion thereupon will be this If Kings and Princes have Supreme Jurisdiction in Spiritual Matters as the practise thereof and the Authorities proving the same do demonstrate that they have It will then necessarily follow that the Right of Indulgence which is a part of that Supreme Jurisdiction is likewise in those Princes He that hath Right in the whole hath Right in every part thereof and the grant of Indulgence is an Act of Jurisdiction in Spiritual matters comprehended within the general Jurisdiction which belongs to Princes and consequently doth belong to those to whom the Supreme Jurisdiction doth belong in Spiritual matters and that is to Kings and Princes We may begin with the eldest exercise of this Jurisdiction 3. The first Exercise whereof was in Fathers of Families and by the same reason is proper to be in Kings who are Fathers of their Countreys The first guide of the Requisites Calibute Downing 's Discourse of the Estate Ecclesiastical p. 57. as to Publick Exercise and actions of Religion was the original Domestick Discipline in Private Families where the Father was a King and Priest Adam directed his Sons to Sacrifice Seth Noah Abraham and the Princes of those times Fathers of Families were Priests also That the Priesthood was in the First-born as in Melchisedeck who is taken for Shem the first-born of Noah and in the rest of the first-born the Fathers of Families in those times before Aaron is admitted both by Christians and Hebrews Abraham and every Patriarch or Prince within his Territory and every Father of a Family within his Family did exercise the office of Priest also So it is or ought to be at this day That every Father of a Family is either in his own Person if he be able or by providing some fit Person if his Estate will bear it to perform Religious Duties in his Family to pray and expound the Holy Scriptures there It will not be denied but that every such Father of a Family may dispense with and indulge any of his Children or Servants to be absent from those Family-Duties when he shall see just cause for it And it would be hard to deny a Prince the same power of Indulgence to his Subjects which is allowed to every Father of a Family to his Children and Servants 4. We may in the next place look into this Jurisdiction Exod. 29.9 Numb 3.10 as it was exercised by the Hebrew Princes Moses Consecrated and commanded Aaron and Moses is styled the Priest of Priests and the Supreme King Rex summus item Sacerdos Jos 1.5 Jos 7. and also Priest which is testimony sufficient of his Supremacy in Spiritual things Joshua had the presence of God with him as Moses had and commanded all as he did both Persons and Causes he built an Altar in Mount Ebal and offered Sacrifices there and read the Law to the Levites and Priests Deborah was Prophetess and Judge or Prince of Israel Samuel was a Prophet and he and most of the Judges of Israel did exercise Supreme and Spiritual as well as Temporal Jurisdiction in Israel So did David Solomon Jehosaphat Hezekiah and other Kings of Israel Bertramus Menechius Seldenus Sigonius c. and of Judah whereof there is plentiful mention in the holy Story and in those Authors named in the Margin who have written on this Subject and it is the best Pattern to be followed by other Princes The Hebrew Word for a Priest signifies likewise the Prince of a Territory not that Priesthood made one a Prince or did carry Command with it but that Princes were chief Priests also in their Territories Before the Law given in Sinai Moses had cognizance as well of Sacred as of Prophane Matters together as they were termed without the distinction of Spiritual and Civil And this appears in the Tribunals set up by Jethroes advice and in his Judgments in those Sacred Causes and to him the Appeals were made whether the Matters were Sacred or Prophane and doubtless in the exercise of this Supreme Spiritual Jurisdiction the power of Indulgence where he saw cause was not denyed him 5. The like Jurisdiction was in the Heathen Princes who from the Presidents of the Hebrews although miserably depraved drew their Customs to have
publick Priesthoods which were Patrimonial and Hereditary and among them the Prince was also the High Priest Synes Ep. 12. The Caldean Kings were Priests also A Priest and a Prince was all one amongst the Aegyptians so the Magi among the Persians and the Priests of Apollo at Delphos among the Grecians Arist Polit. c. 10. Aristotle speaking of Kings in the time of the Heroes saith That they were Rulers of matters of War and of Sacrifices or sacred Things which pertained to the Sacerdotal Function In another place he saith That the King was Leader or General of the War and Judge or Moderator of divine Things and to be Moderator implies a Power and Right of Indulgence In like manner the Roman Emperors before the Birth of Christ were their High Priests also Pontisiciam potestatem cum Caesarea potentia conjunxit It is noted of Julius Caesar that to the end he might fully recover into his Power the Temporalty he joyned the Pontifical Authority with the Caesarian Power and so have all wise Princes his Successors And it is not improbable where those two Powers are joyned together Sr. Walt. Rawleigh in his Treatise of War. that the right of Indulgence was part of them The Mufty among the Turks holds all he hath at the discretion of the Great Sultan Most Nations of the World after the President of the Hebrews placed the Supream Spiritual Jurisdiction in their Kings and Supream Rulers and it were improbable to conclude that the right of Indulgence was excepted out of that Jurisdiction 6. It is likewise evident That this Supream Spiritual Jurisdiction was in the Emperours both as to Persons and matters which were termed Spiritual Writers of Church matters do show that the Clergy for 850 years together claimed no Superiority or Jurisdiction but left the same and submitted themselves therein to their own Princes who took upon them the Sovereignty in the matters and over the Persons which were afterwards called Spiritual and Ecclesiastical By Constantius were the Bishops Julius and Liberius Banished Martin Dort. in Jub et Lib. Boniface I. by Honorius Silenus and Virgilius by Justinian Martin I. by Constantine III. Platin. in Bonifac Leo IV. submitted himself in all things great and small Claus 2. q. 7. to the command of Lodowick and offered to amend all that was amiss by the Princes judgement In the strife between Donatus and Cécilianus Euseb l. 10. c. 5. Optat. l. 1. cont Parm. August Ep. 162.166 the matters and Persons both Ecclesiastical Meltiades then Bishop of Rome was appointed with others by Constantine to determine the matter from whose judgment the parties Appealing the Emperour appointed new Judges from whom they appealing likewise at last Constantine determined it sitting himself in Person Under Theodosius the elder Damascus Sericius and Anastacius Theodos l. 5. c. 23. Gozon l. 8. cap. 28. Niceph. l. 15. c. 30. Lib. Pontific in viz. Bonif. Ep. Bonif. ad Honor. Aug. rescrip Honor ad Bonif Leo Epist 9.12 13 17. Epist 43.50 Conoil Chalced Art. 1. complained against Flavianus but the Prince heard and justified him Innocentius desiring the Emperour to appoint a Council for the tryal of Chrisostomes cause it was denyed Honorius commanded Bonifacius and Eulavius chosen Bishops of Rome in a tumult to depart the City and Boniface being restored put up a supplication to the Prince for a Decree for future Elections which was made by him Leo Bishop of Rome made suit to Theodosius the younger to command a Council in Italy for suppressing Eutiches his Error but the Emperour appointed it at Ephesus and would not be perswaded to reverse the Judgment But his Son Martian did it upon the supplication of the Pope and commanded the Council of Chalcedon where himself sitting in Person forbad the Bishops to defend or avouch any thing of the Flesh and Birth of our Saviour otherwise than the Nicene Creed did contain Novel Constit 1. l. 23. Gregory Epist l. 4. c. 76. 78. Justinian saith We command the Blessed Arch-Bishop of Rome c. to obey the Law he then made Gregory I. writing to Mauritius useth this stile My Lord my most gracious Lord I your Servant and Subject to your command and makes many submissions to the Emperour Sixth Synod Art. 4. who over-ruled him in his Episcopal Jurisdiction Agatho Bishop of Rome 685 years after Christ when Constantine I. sent for some Learned men out of the West parts to come to the general Council returns this Answer Agathan Epist 2. Your Princely Favour mildly commanding our Baseness hath obediently fulfilled that which was by you commanded And in another Epistle Distinct 10. l. de Captulis he saith All Bishops of the North and West parts Servants of your Christian Empire Leo IV. submitted himself to Lodowick the Father and afterwards confirmed his obedience to Lotharius the Son promising submission to their Decrees In the 20 Constitutions Novel Constit 3.5 6 16. c. wherein Justinian disposeth of crimes and causes Ecclesiastical almost every Sentence is a command The like in 123. Socrates l. 1. Intituled of divers Ecclesiastical Chapters The like is in the Laws of Constantine Charles Lodowick Lotharius and others By all which and many of the like nature which are omitted it appears That all the submission and obedience that Subjects do owe their Prince was acknowledged and given by the Clergy as well as others to the Emperours And that they did exercise Supream Spiritual Jurisdiction both over the Persons and in the matters termed Spiritual It would be hard then not to admit them Gers. 4. part pro Jo. Manius de Schism Concil c. 22. Lazan Epist c. 267. as a consequent thereof the Right of Indulgence also 7. This Jurisdiction was likewise in the Kings of France and exercised by them The Divines of Paris by the Kings encouragement did condemn Pope Julius his Doctrine with the sound of Trumpets taking as much supremacy to himself as Charles did who by advice of his Bishops Princes and Universities Decreed that the whole Church of France should depart from the obedience of Benedict Naucter General 48. Leland 448. and be under their own King in matters Spiritual And Charles the VII made a Law called the Pragmatical Sanction for the perpetual Observation of those things which the Council of Bazil had Decreed Lateraneus Council sub Leo 10. Sespred 10. which curbed and cashired the Popes Jurisdiction and advanced the Kings And though the Pope reversed it and laboured the King to do it yet the Clergy of France adhered to the King Oron Matraej in Anno. 1510. owning his Authority A little before that in a Council at Tours the Praelates of France gave their full resolution to Lewis the XII That it was Lawful for him to forsake the Popes Obedience Taricuske Hist. Vnivers Ep. l. 9. Philade Cominos l. 9. and to despise his Curses being himself