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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	appeal_v	bishop_n	rome_n	1,804	5	7.3555	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70686	The lawfulnes of the oath of supremacy, and power of the King in ecclesiastical affairs with Queen Elizabeth's admonition, declaring the sence and interpretation of it, confirmed by an act of Parliament, in the 5th year of her reign : together with a vindication of dissenters, proving, that their particular congregations are not inconsistent with the King's supremacy in ecclesiastical affairs : with some account of the nature, constitution, and power of the ecclesiastical courts / by P. Nye ... ; in the epistle to the reader is inserted King James's vindication and explication of the oath of allegiance.; Lawfulnes of the oath of supremacy and power of the King in ecclesiastical affairs	Nye, Philip, 1596?-1672.	1683 (1683)	Wing N1499; ESTC R22153	63,590	80

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

even to the Churches of Christ And although it should not be a good reasoning to argue from what Power the Princes of Israel exercised in respect of its Extent in Particulars a Chron. 8 14. many of them being Prophets as well as Princes yet the Benefit and Usefulness of such Power may be the same unto us as unto them both in respect of Terror to Evil-Doers and Praise to them that do well Though an Argument from Circumcision applied to Infants will not weigh with some because they deny Baptism to be a Sacrament of that Nature Yet this cannot be denied by them that if an Infant be capable of Benefit by an Ordinance it understands not Infants may as lawfully in that respect be baptised whille Infants as they were then circumcised The Arguments brought from Ecclesiastical Power exercised by Magistrates in the Jewish Government will argue at least that there is a Capacity in Men now to receive Benent and Good thereby even in spiritual Matters as they did then which is all that is aimed at 4. As it is the Duty of each Person Col 2. so of Churches to walk wisely towards them that are without that their Order may be looked upon not only with Rejoycing by Neighbour-Churches but such as may appear amiable and comely in the Eyes of all Men. There are many things common to all Societies which Nature and civil Customs instruct us in and are especially to be heeded by Churches For as the things Moral and Lovely in the Eyes of Men being neglected by Professors the Gospel will suffer so much more if by Churches The outward Beauty of these Christian Assemblies consists very much in what is requisite and comely in all human Societies as Unity Love Peace brotherly Forbearance c. Let all things saith the Apostle Phil. 2. be done without murmuring or disputing Paul charged the Church of Corinth with this that there were Debates Envyings Wrath Strifes Back-bitings Whisperings Swellings Tumults 2 Cor. 12.20 and the like amongst them There may be Wrongs and Oppressions in Churches as in other Assemblies Innocent Persons impeached and censured as Schismatiks Seditious and Disturbers of the Peace and no Remedy but from the Civil Magistrate Paul appeals from the Church to Caesar a Secular Prince expecting from him though a Heathen more Justice then from his Brethren being Parties and in their own Cause For where Parties are Judges the Sentence is passed before the Cause is heard As a Church may be offended so they may 1 Cor. 10 32. and oft-times do give Offence as well as single Persons It 's part of a Christian Magistrate's Care and as a Magistrate to punish open Offenderrs whither single Persons or Assemblies And the Truth is if such Assemblies that is Churches be not under the Magistrates Jurisdiction they are under none and will be at a loss in respect of all those Advantages before mentioned The Vsefulness of this Power being declared so fully it will not be difficult to evince the Necessity if it that is to the well-being of Churches For whatsoever thing is useful in Spiritual Affairs is in the same degree necessary I argue thus If the Ruling and Coercive Power in a Church extends it self no further than its own Members if one particular Church cannot suspend excommunicate or exercise any the like Jurisdiction over another it will then follow vvhatsoever benefit or advantage Churches or their Members are supposed to have and reap by being under any external Ruling Power here on Earth this may and ought to be expected from the Magistrates Ecclesiastical Power and no other His being the only Power that is of such an Extension and Compass as to be over all Persons and Societies without his Dominion For the further Explication and Confirming of what is asserted I shall lay down some Considerations and then answer Objections Purposely enlarging upon this Argument as tending much to a distinct understanding of Ecclesiastical Jurisdiction both as it is in Church and Magistrate The Considerations are these Consid 1 There is no Power or Authority either in Church or Magistrate that doth directly and immediately compel or enforce the Soul Pains Penalties Restraints bodily Punishments or what comes nearer and is more spiritual as Admonition Suspension Excommunication or the like ' When Persons in any of these ways are judged and censured by the Church or Magistrate or both it hath its Fruit and effect in respect of Morals only in a more remote and circular way as by working upon the Judgment and Affections for there is no created Power can reach the Soul to put upon it any immediate Force or Restraint further than by applying such means discovered by the Scripture or Light of Reason as are apt and sutable to set the Soul and Conscience of a Man to work upon it self We term it Coercive in difference from what is only directive and perswasive for according as the Lord hath appointed means to this or that end accordingly he works and so we ought to judg and speak Now besides means appointed for Instruction and Perswasion God also hath added Discipline a means morally coercive which hath Pain and Shame it 's a Punishment 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for the Destruction of the Flesh therefore a means morally Compulsive and more than meerly perswasive the Rod and Reproof is more than a single Reproof 1 Cor. 4 21. Prov. 29.15 Prov. 29.19 it is a Correction which is compulsive a Servant will not be corrected with Words To make all but directive is to confound the Keys The Reverend Author should not judg or speak of an Ordinnce according to the Reception of a carnal Heart Mr. B. in his first Dispute p. 6. but according to what is designed by the Lord as his ordinary Drift and Scope in such an Appointment There is the Word read Gospel preached and visible Seals we are to judg a greater and more effectual Exhibition of Christ in the one than in the other yet all alike to a carnal and unbelieving Soul Consid 2 2. There are two great and Catholick Bodies or Kingdoms immediately and invifibly governed by the Lord and his Christ The World and the Church made up each of lesser Corporations as Cities Families particular Churches c. I say invibly and immediately for as God is invisible so what he acts immediately he acts invisibly As the Church is distinguished into visible and invisible so is the Power by which it is governed Invisible as in a secret and mysterious way and immediately from the Lord And thus are all Kingdoms Nations Tongues and Languages united as in one even the great bulk of Mankind as also the Catholick Church that great Body of Saints they are all thus governed by the Lord and by the Lord alone and not by Man Visible as where these great Bodies of Men and Christians come to be cantoned parcelled and formed into Political Bodies governed by Men

Church offending there is none if there be not a superior Church or Ecclesiastical Power to appeal unto Leaving wholly what they pretend from Scriptures I shall examine this only their Reasoning from common light it being more suitable to our present subject and in the general say Answ 1 1. In the Mysteries of the Gospel from which by their own concessions Church-communion and Discipline is not to be excluded any more than Preaching or the Sacraments It is very unsafe to make the dim Eye of Reason our Guide Of what advantage such suppositions have been in producing Arminianism Socinianism Platonism c. but especially of the many gross Errors and loathsom Superstitions in Popish Worship we cannot be ignorant Answ 2 2. An Appeal as understood in this dispute and ordinarily by Civilians is a provocation to a superior Tribunal upon the error or wrong done by an Inferior Such an Appeal is not essential to Government unless we can suppose a progressus in infinitum Nor is there a defect in that Government where it cannot be had Some Societies are 1. So low and little in compass as they need not such Appeals A Family is a compleat Society or Corporation though there be not a Superior in the same kind that is an Economical power to appeal unto so may a Church be though not a Superior in a series properly Spiritual or Ecclesiastical 2. Others so High If there be an Error or Wrong done in or by a general Assembly or National Synod supposed in the exercise of power of greatest perfection we have no remedy Argued by the Commissioners of Scotland Anno 41. p. 1 2 9. Also their Declaration against a Cross Petition P. 10. no Superior to appeal unto therefore they term their Church or General Assembly an Independent If it be said as it is by some we may appeal from it to an Oecumenical Councel Answ These great Councels have erred and may and what then is the Remedy or further Provision To what Ecclesiastical Tribunal Superior can we appeal from them Answ 3 To answer more particularly This Reasoning being grounded upon a Similitude betwixt the Ministerial Government of Christ and the Political Government of Kingdoms we say there is not Par ratio and therefore no just consequence The Disparity will appear in divers Particulars Disparity I In their Natures as Civil and Religious Assemblies In this the Difference is so great as Councels Schoolmen and Casuists who all grant Appeals in Civil Affairs yet in Ecclesiastical Matters the ordinary use of them is so constantly and generally denied Videtur axioma communiter acceptum inter probos Religiosos Appellationis vocem audiendam non esse Suar. de virt Tom. 4. pag. 99. as it is an Axiom saith One That in Religious Causes the Voice of Appealing is not to be heard or mentioned And in the same Chapter he gives us the Reasons of it in these words Si in ordinariis correctionibus quae juxta disciplinam religiosam fiunt locum haberet Appellatio à Priore ad Provincialem à Provinciali ad Generalem magna sequeretur perturbatio disciplina religiosa sine dubio corrueret c. In ordinary Censures and such as are according to a Religious Discipline if Appeals should be made from the Prior to the Provincial and from the Provincial to the General it would breed a great Disturbance and be doubtless the Ruine of Religious Discipline For 1. Inferiour Governours would quickly be despised and have little Reverence or Fear 2. By such a dilatory way opportunity will be given by Friends or under-hand working to prevent any Religious Discipline It is therefore expedient for the good of Religion that there be a more simple way of procedure in these spiritual Corrections and that it be without any kind of Appellation Thus far Suarez And others of them also tell us That in a voluntary and brotherly Society Soto de Just lib. 54.6 art it 's more comely and honourable to end Offences and Differences in a private and peaceable way amongst themselves and within the Society than by clamorous Appeals to make Matters more publick It should not be of little weight also with us the Tenderness of Christ if it be confidered and how he would not have Breaches and Offences amongst Brethren to be made more publick or carried further than is necessary And by any thing we find in the Text there is no Necessity we should carry Matters for Censure out of the Church where the Offence is if there were doubtless Christ would have given us direction as well for the managing of Appeals FROM a Church as IN a Church Mat. 18.15 16 17. where each step and circumstance in the progress from a lesser to a greater Authority is described Disparity II From the different condition of Punishments in respect to Relief if unjustly inflicted Church-Censures have little operation on us further than our own Conscience and the Spirit of Christ make them effectual by working them in upon us But if inflicted where no just Cause and Clave errante the Spirit of Christ will not convince us of Sin or let in Satan's Terrors nor any such impressions of Grief or Shame as much to afflict us being innocent How little hath the Pope's Bulls or such Thundrings from Rome been valued or esteemed or Excommunications sent out of our Spiritual Courts when we know it is but for a Four-penny Offence In Civil Affairs it is much otherwise For be the Sentence just or unjust the Execution of it is equally grievous and a punishment be it in respect of Life Liberty or Estate and there is no way either to avoid or mitigate such wrongs but by Appeals The necessity of such Appeals therefore is very great but in respect to Ecclesiastical Censures little or nothing at all Disparity III The ordinary end and use of Appeals is either 1. For Relief of Persons suffering Or 2. That corrupt Judges be censured and unjust Sentences rescinded Persons come to be relieved when by Appeals to Higher Powers there is a better understanding either 1. in the Rule and Law or 2. a more righteous judgment in matters of Fact There are none of these Ends or Uses of an Appeal so accomplishable in an Ecclesiastical Process as in a Civil 1. If the Rule be obscure a right understanding of it may infallibly be had by appealing in Civil Affairs the Supreme Court is here on Earth that made the Rule or Law what 's determined by a Parliament or such Persons as are intrusted by it to this purpose is to us unquestionable But it 's otherwise in Church Affairs our Law-giver is in Heaven and cannot in such a forensical way be appealed unto nor hath he left any Vicar or Visible Judge under him of greater Authority in respect of Infallibility than a particular Church which is the ground and pillar of truth 1 Tim. 3.15 The Papists some of them in great and weighty matters not