IMPRIMATVR Liber cui Titulus Christian Loyalty c. Ex Aed Lamb. Julii 10. 1678. Geo. Thorp Rev. in Christo Patri Dom. Domino Guliel Archiep. Cant. Ã Sacris Domesticis Christian Loyalty OR A DISCOURSE Wherein is Asserted that just Royal Authority and Eminency which in this Church and Realm of England is yielded to the KING Especially concerning Supremacy in CAUSES ECCLESIASTICAL Together with The disclaiming all Foreign Jurisdiction And the unlawfulness of Subjects TAKING ARMS Against the KING By WILLIAM FALKNER Preacher at S. Nicholas in Lyn Regis LONDON Printed by J. M. for Walter Kettilby at the Bishops-Head in St Paul's Church-Yard MDCLXXIX To the MOST REVEREND FATHER in GOD WILLIAM By DIVINE PROVIDENCE LORD ARCHBISHOP OF CANTERBVRY Primate of all ENGLAND and Metropolitan And one of His Majesties most Honourable Privy Council c. May it please your Grace I Have in the following Discourse undertaken a Vindication of those publick Loyal Declarations of this Church and Kingdom which are of great concernment not only in the Civil Government but also in the Christian Religion and I hope your Grace will therefore not account it improper that this should be presented unto your self For the chief things I have taken upon me to defend are such special Branches of the Doctrine of our Church that in this part and Age of the World they are in a manner peculiar to it and to them who with it have herein imbraced the true Reformed profession But both the Roman Church and divers other different Sects and parties among their other Errours and Heresies entertain such disloyal Positions as are of dangerous importance unto Government wherein besides some other things there is too near a Conjunction between them And these things are of so great consequence in Christianity that the main Foundations of Righteousness Peace and Obedience are thereby established all which necessary duties are much insisted on by our Saviours Doctrine And therein the regular and orderly behaviour of inferiour Relations is particularly enjoined for the gaining reputation to our Religion because a temper fitted for Christian subjection supposeth Pride Passion and Perverseness to be subdued and that in the fear of God an Humble Meek and peaceable Spirit is introduced which are things wherein our Saviour hath given us his Example And the principal matter of this Discourse concerning the Kings Supremacy in all Causes and the unlawfulness of Subjects taking Armes is of the greater concernment because the contrary ill Principles which many have imbibed have been very pernicious to several parts of the World for many hundred years past Which hurtful Positions have prevailed the more among men by their being covered over with plausible pretences as if those of the former sort were needful to assert the just interest and honour of the Christian Church and those of the latter sort to provide for the safety of the Common-wealth and of every Man 's own propriety All which would represent the secular Authority which was ordained by divine wisdom for the good of Mankind to be a thing exceeding hurtful and mischievous to the World Wherefore since men are much led by the consideration of their interests that what I propose may be the more successful and effectual I have shewed that Obedience and peaceable subjection to Governours without resistance is not only a duty which is enough to perswade all good men to practise it but that it is the common advantage of the World as the whole duty of Man is both to Rulers and to Subjects And that Royal Supremacy in Causes Ecclesiastical is not prejudicial to the Christian Church I have only expressed more covertly and succinctly because though this may be considered by some men there is another interest to wit that of the boundless ambition and avarice of the Romish Court and Church which chiefly instigates their opposition hereunto and I must confess that the truth I defend doth not gratify this interest But that tendeth best to promote the advantages of the Church in the World when the goodness of our Religion and its preserving all just rights of Superiours as well as others doth so recommend it to the World as may gain to it the good opinion of all men the favour of Princes and the blessing of God And though I am conscious to my self that by reason of the greatness and copiousness of the subject I have taken in hand there may be several defects in my performances notwithstanding my diligent endeavours yet I presume humbly to tender them to your Grace in confidence that your Candor and readiness to give a favourable acceptance to well designed and not unuseful undertakings and to make charitable allowances for their imperfections doth bear an equal proportion with other parts of your great worth by reason of which you possess your great dignity with a general satisfaction to good men and the Friends of Truth and Peace And that you may long and happily continue here to the benefit of the Church and may see the Church it self in Prosperity and true Piety flourishing all the dayes of your Life is the desire and Prayer of him Who Honoureth your Grace With humble and dutiful Reverence William Falkner TO THE READER THE Government and Constitution of this Realm requiring a solemn acknowledgment to be made by all who bear any office therein concerning the Regal Power and Dignity and the different parties using their several methods and pretences to oppose the matters of these publick Declarations I have endeavoured in the following Discourse to give a true and clear account of these things in order to the removing those mistakes or doubts which may either perplex any persons or tempt them to neglect their duty And I have oft thought that those things which are publickly professed in this Church and Realm by these particular acknowledgments which are made by so many persons are very useful to be discoursed of both because these things themselves were selected as being of great concernment by the grave and prudent consideration of publick Authority and the due complyance with them includeth the practising Obedience and following the things which make for Peace and also because the unjust oppositions made against these things are either managed by ill designs or at least have a tendency to promote ill effects in Church and State And the truth which in this Discourse I undertake to maintain doth also speak much the Integrity and Simplicity of the Christian Religion that it is not a Worldly contrivance or a way laid to intitle any Professors thereof to claim or to enable them to usurp upon or oppose the temporal Power and Authority as hath been shamefully done in the Church of Rome and not a little by other sorts of men a considerable part of the Popish Usurpations being founded in their unjust encroaching upon the Rights of Soveraignty And they who have observed the State of the World cannot be unsensible what Horrid and Mischievous
considered with other things which have affinity therewith from Mat. 18.17 and 1 Cor. 6. Chap. VI. Of the renouncing all Foreign Jurisdiction and Authority and particularly the supreme Power of the Bishop of Rome Sect. 1. The latter part of the Oath of Supremacy considered Sect. 2. The high claims of Papal Supremacy declared Sect. 3. Such claims can have no Foundation from the Fathers and have none in the direct expressions of Scripture which they alledge Sect. 4. Other Arguments for the pretended Papal Authority answered and refuted Chap. VII The Romish Bishop hath no right to any Patriarchal Authority over the Church of England Sect. 1. The whole Christian Church was never under the Patriarchal Sees Sect. 2. No Patriarch ever had any just right to Patriarchal Authority in this Island Sect. 3. The present Jurisdiction of those Churches which have been called Patriarchal ought not to be determined by the ancient bounds of their Patriarchates Chap. VIII Some pretences of other parties against the Supremacy of Princes in Causes Ecclesiastical refuted Sect. 1. Of Liberty of Conscience and Toleration Sect. 2. Of some other rigid and dangerous Principles against the Supremacy of Princes Chap. IX Corollaries concerning some duties of subjection The Second BOOK Of the unlawfulness of Subjects taking Armes against the King Chap. I. THE publick Forms of Declaration against the lawfulness of resisting the King by Armes considered Sect. 1. Of the Oath of Allegiance or Obedience and its disclaiming the Popes Power of deposing the King or licensing his Subjects to offer any violence to his Person State or Government Sect. 2. Of the unlawfulness of taking Armes upon any pretence whatsoever against the King Sect. 3. Of the traiterous Position of taking Armes by the Kings Authority against his Person or against those who are Commissionated by him Chap. II. The Laws of Nature and of General Equity and the right grounds of Humane Polity do condemn all Subjects taking Armes against the Soveraign Power Sect. 1. The preservation of Peace and common Rights will not allow Armes to be taken in a Kingdom against the Soveraign Sect. 2. The Rights and properties of Subjects may be secured without allowing them to take Armes against their Prince Sect. 3. The condition of Subjects would not be the better but the worse if it were lawful for them to take Armes against their Soveraign Sect. 4. The Plea that Self-defence is enjoined by the Law of Nature considered and of the end of Soveraign Power with a representation of the pretence that Soveraign Authority is in Rulers derived from the people and the inference thence deduced examined Sect. 5. The Divine Original of Soveraign Power asserted Chap. III. Of the unlawfulness of Subjects taking Armes against their King under the time of the Old Testament Sect. 1. The need and usefulness of considering this Case Sect. 2. The general unlawfulness of Subjects taking Armes against their Prince under the Old Testament evidenced Sect. 3. Objections from the behaviour of David answered Sect. 4. Divers Objections from the Maccabees Zealots Jehu and others answered Chap. IV. The Rules and Precepts delivered by Christ and his Apostles concerning resistance and the practice of the Primitive Christians declared Sect. 1. The Doctrine delivered by our Saviour himself Sect. 2. Of the Apostolical Doctrine against resistance with a reflexion on contrary practices Sect. 3. The practice and sense of the Primitive Church concerning resistance Chap. V. Of the Extent of the Duty and obligation of non-resistance Sect. 1. Resistance by force against the Soveraign Prince is not only sinful in particular private persons but also in the whole body of the people and in subordinate and inferiour Magistrates and Governours Sect. 2. Some Cases which have respect to the Prince himself reflected on and considered ERRATA PAge 64. line 8. read 2 Kin. 1.10 12. p. 71. l. 19. Marg. r. de Vit. Const l. 4. c. 40. p. 95. l. 2. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 100. l. 1. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 106. l. 3. Marg. r. n. 6. p. 107. l. 4. r. Frischmuthius p. 219. l. 14. r. Sword and p. 223. l. 25. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 265. l. 1. Marg. r. Comen p. 268. l. 25. r. Patriarchdoms Christian Loyalty The First BOOK Of Regal Supremacy especially in matters Ecclesiastical and the renouncing all Foreign Jurisdiction CHAP. I. The Kings Supremacy in Causes Ecclesiastical declared SECT I. The Royal Supremacy acknowledged and asserted in the Church and Realm of England 1. THE things established in the Church of England which all Ecclesiastical persons are required to declare their consent unto B. 1. C. 1. do concern matters of so high importance that both the being and the purity and perfection of a Church doth very much depend upon the consideration thereof to wit the order and way of its worship the due honour it gives to the King and Secular Authority the truth of its doctrine and the right and regular ordination of its Ministry That the publick worship of God in our Church is free from all just exception and agreeable to the rules of Christianity and the best and primitive patterns I have given some account in a former Treatise And in this discourse I shall treat of that Authority and Dignity which is justly yielded and ascribed to the supreme civil power 2. Loyal Principles useful to the world And if a general right understanding of this matter could every where be obtained together with a practice suitable thereunto it would greatly contribute to the advancement and honour of Christianity and the peace of the world The great miscarriages and irregular practices by not yielding to Soveraign Princes their due Authority hath strangely appeared in the enormous Usurpations of the Romish Church and the frequent distractions of the Empire and other Kingdoms which have been thence derived For the Roman Bishop who still claimeth even where he possesseth not Sect. 1 by his exorbitant encroachment upon the Royalty of Kings especially in matters Ecclesiastical and thereupon in Civil also did advance himself unto the highest step of his undue Papal exaltation And he thereby also more firmly fixed and rivetted his usurpation over other Christian Bishops and put himself into a capacity of propagating his corrupt doctrines without probable appearance of any considerable check or controul and with the less likelyhood of redress and reformation And from the like cause have proceeded divers exorbitancies in opinion and practice concerning the Church and its Government in another sort of men And the want of Conscientious observance of the duties of subjection hath too often manifested it self in the world by the sad effects of open tumult and rebellion all which hath highly tended to the scandal of Religion 3. It seemeth also considerable that almost all Sects and erring parties about matters of Religion and many of them to very ill purposes do nourish false conceptions and mistaken opinions concerning the civil power
which intirely flow from the institutions of Christ as the right of consecrating ordaining and the whole power of the Keys doth Now the asserting the supremacy of Government is never designed in any wise to violate either these divine or Christian institutions or to assert it lawful for any Prince to invade that authority and right which is made peculiar thereby whether in matters temporal or spiritual Grot. de Imp. S. m. cap. 2. n. 1. Abbot de suprem pot Reg. prael 2. n. 2. Mas de Min. Angl. l. 3. c. 5. n. 2. l. 4. c. 1. Ecclesiastical and civil rights asserted Wherefore there was just cause for understanding men to tax the vanity and inconsiderateness of those men who will understand nothing else by the Kings Supremacy in causes Ecclesiastical but this that he may assume to himself the performance of all proper Ecclesiastical actions 6. Obs 2. Since the asserting the Kings Supremacy in things temporal doth not exclude the subject from a real propriety in his own estate nor declare it lawful for a Prince when he pleaseth to alienate his subjects possessions and inheritance the owning his supremacy in matters Ecclesiastical must not be so far strained as to acknowledge that the revenue of the Church may be alienated at the pleasure of the Civil power For besides that in our English laws this hath the same legal security that all other properties have Magn. Char. c. 1. and with a priority and precedence thereto it is but reasonable that that possession which beareth a respect to God should be as inviolable as the rights of any men And that revenue which is set apart for the support of the service of God and of those administrations which tend to mens eternal felicity ought not to be less secured than what concerneth their temporal welfare 7. Obs 3. Things good and evil cannot be altered but must be established by authority The Soveraign power is so supreme in things temporal as that whatsoever is good or evil by the law of nature or the command of God cannot be altered thereby viz. so as to make theft and murder good or justice chastity and speaking truth evil And in things Ecclesiastical all matters of faith worship and order which Christ hath determined in his Church must remain equally unmoveable and unalterable notwithstanding the acknowledgment of Royal Supremacy in causes Ecclesiastical And in temporal affairs what authority the God of nature hath planted in any other persons still remaineth intire notwithstanding the Royal Government over them thus for instance the power right and authority of Parents is still acknowledged such as that it is neither derived from the regal authority nor can be forbidden by it And this power which both the laws of nature and of Christianity establish hath been universally owned throughout the world and it is observed by Philo Phil. de Leg. ad Caium that when Tiberius the Son of Drusus a minor was left Copartner with Caligula in the right of the Empire by the will of Tiberius the deceased Emperour Caligula by this subtile and wicked method brought him to be so under his immediate government as to have opportunity to destroy him Sect. 3 by taking him to be his adopted Son And as the paternal power must be preserved so likewise whatsoever officers or order of men Christ hath committed his authority unto in his Church this authority doth fully still remain and reside in them and as it is not derived from any temporal power neither may it be taken away or abolished thereby But the supreme civil government hath in all these things a right and authority V. Thorndike Right of the Church Ch. 4. p. 168. of enjoining to every one the performance of their duty and also of determining many particularities which have relation to these general heads and to punish irregular exorbitances and miscarriages SECT III. The declaration of this sense by publick authority observed 1. Though these things might of themselves seem clear enough we have yet further two authentick expositions of this supremacy in causes Ecclesiastical confirmed by the greatest authority of this Church and Realm The former with a particular respect to the Oath of Supremacy was at first published in the Queens Injunctions There the Queen disclaiming all authority of ministring divine offices in the Church In the Admonition to simple peopled deceived by malicious as that which cannot by any equity of words or good sense be intended by the Oath doth declare that no other duty or allegiance is meant or intended by the Oath nor any other authority challenged therein than what was challenged by K. Hen. 8. and K. Edw. 6. and which is and was due to the Imperial Crown of this Realm the more particular explication of which followeth in these words that is under God to have the Soveraignty 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 have or ought to have any superiority over them And then it follows and if any person shall accept the same Oath with this interpretation sense and meaning her Majesty is well pleased to accept every such person in that behalf as her good and obedient subjects 2. But this explication received a more solemn and ample publick Sanction by a statute law not long after the publication of these Injunctions 5 Eliz. 1. Therein it was enacted that the Oath of Supremacy should be taken and expounded in such form as is set forth in an admonition annexed to the Queens Injunctions in the first year of her Reign that is to say to confess and acknowledge 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 same admonition it plainly may appear 3. The other publickly acknowledged exposition of the sense of this Supremacy is in the Articles of the Church of England agreed on in the Convocation and confirmed or established by a legal Sanction 13 Eliz. 12. Artic. 37. Therein are these words Where we attribute to the Queens Majesty the chief Government by which title we understand the minds of some slanderous folk to be offended we give not our Princes the ministring of Gods word or of the Sacraments the which thing the Injunctions set forth by Elizabeth our Queen do most plainly testify but that only prerogative which we see to have been given alway to all godly Princes in holy Scripture 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 4. And when Bishop Vsher in his Speech at the sentencing some Recusants in the Castle Chamber at Duâ—lin explained the Kings
Supremacy according to this article of our Church At the end of his Answer to the Jesuits Challenge King James so approved his explication thereof that he returned him particular thanks for the same which is printed with his speech And the Bishop therein plainly asserted that God had established two distinct powers on earth the one of the Keys committed to the Church and the other of the Sword which is committed to the civil Magistrate and by which the King governeth And therewith he declareth that as the spiritual Rulers have not only respect to the first table but to the second so the Magistrates power hath not only respect to the second table but also to the first 5. From all this we have this plain sense That the King is supreme Governour that is under God say the Injunctions and with the civil sword say the Articles as well in all spiritual or Ecclesiastical things or causes as temporal that is he hath the Soveraignty and rule over all manner of persons born in these Dominions of what estate soever either Ecclesiastical or temporal say the Injunctions and to the same purpose the Articles Only here we must observe that the King 's being supreme Governour in all things and causes is one and the same thing with his having the chief Government over the persons of all his subjects with respect to their places actions and employments and therefore is well explained thereby For it must necessarily be the same thing to have the command or oversight of any Officer subject or servant about his business and to have a command or over-sight concerning the business in which he is to be employed and the same is to be said concerning the power of examining their cases or punishing neglects and offences 6. And from hence we may take an account Of supreme head of the Church of England Def. of Apol Part 6. Ch. 11. div 1. of the true sense of that title used by King Henr. 8. and King Edw. 6. of supreme head of the Church of England This stile was much misunderstood by divers Foreigners seemed not pleasing to Bishop Juel and some others of our own Church was well and wisely changed by our Governours and hath been out of date for above sixscore years past And though this title was first given to King Hen. 8. Tit. Of this civil Magistrate by a Convocation and Parliament of the Roman Communion it was used all King Edwards days and then owned even in the book of Articles And the true intended sense from the expressions above mentioned appeareth manifestly to be this to acknowledge the King to be head or chief Governour even in Ecclesiastical things of that number of Christians or that part of the Catholick Church who reside in these Realms and are subjects to his Crown even as Saul by being anointed King Wh. Treat 8. ch 1. div 4. Bishop Saund. Episcop not prejud to reg p. 130 131. Mas de Min. Anglic l. 3. c. 4. was made head of the tribes of Israel 1 Sam. 15.17 And according to this sense the use of this title was allowed and justified by very worthy men such as Bishop Whitgift Bishop Saunderson Mr Mason and others And to this end and purpose it is the just right of the King of England to own himself the supreme Governour of the Church of England which was a stile sometime used by our pious and gracious King Charles the First Declar. before 39. Articles in his publick Declaration about Ecclesiastical things but with due respect to the Ecclesiastical Officers 7. In the ancient Church it was not unusual for him who had the chief preeminence over a Province or a considerable part of the Christian Church to be owned as their head Can. Apost 34. whence in the ancient Collection or Code called the Canons of the Apostles the chief Bishop in every Nation was required to be esteemed by the rest 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as their head And that Bishops may be called heads of their Churches is asserted by Gregorius de Valentia from that expression of Scripture lately mentioned concerning Saul Tom. 4. Disp 1. qu. 8. punct 4. which yet must more directly and immediately prove that title to be applicable to a Sovereign Prince And as the name of head is only taken for a chief and governing member the Author of the Annotations upon the Epistles under S. Hierom's name was not afraid of this expression In 1 Cor. 12. Sacerdos caput Ecclesiae the Priest is the head of the Church 8. And though that Statute whereby the title of supreme head of the Church of England was yielded to King Hen. 8. 26 Hen. 8.1 doth assert the Kings power to correct and amend by spiritual authority and Jurisdiction yet that this was intended only objectively concerning his government in spiritual and Ecclesiastical things and causes or his seeing these things be done by Ecclesiastical Officers and was only so claimed and used we have further plain evidence both concerning the time of King Hen. 8. and King Edw. 6. Under the Reign of King Hen. 8. by his particular command for the acquainting his subjects with such truths as they ought to profess was published a Book called The Institution of a Christian man which was subscribed by twenty one Bishops and divers others of the Clergy and the Professors of Civil and Canon law and in the dedication thereof to the King Of the Sacr. of Orders f. 39. by them all is given to him this title of Supreme head in Earth immediately under Christ of the Church of England In this Book besides very many other things to the same purpose it is asserted That Christ and his Apostles did institute and ordain in the new testament that besides the civil powers and governance of Kings and Princes which is called potestas gladii the power of the sword there should also be continually in the Church militant certain other Ministers or Officers which should have special power authority and commission under Christ to preach and teach the word of God to dispense and administer the Sacraments to loose and absolve to bind and to excommunicate to order and consecrate others in the same room order and office f. 40. And again This said power and administration in some places is called claves sive potestas clavium that is to say the Keys or the power of the Keys whereby is signified a certain limited office restrained unto the execution of a special function or ministration f. 41. And yet further we have therein this very clear passage That this office this power and authority was committed and given by Christ and his Apostles unto certain persons only that is to say unto Priests or Bishops whom they did elect call and admit thereto by their prayer and imposition of their hands 9. And concerning the office and power of Kings the Doctrine and positions then received were such as
or supreme governour if he will make use thereof as hath been declared by the chief persons of this Church Can. 1. 1640. And the ancient right and exercise of the authority of Kings in summoning provincial or national Councils De Conc. Sac. Imp. l. 6. c. 18 19 22 23 24 c. The Kings just authority in matters Ecclesiastical opposed is sufficiently observed and asserted by P. de Marca 6. But against these just rights of the Princes power there are various oppositions Such are the claims of the Romish Bishops universal Supremacy either in all affairs or at least in all things Spiritual and Ecclesiastical as also the pretence for the necessity of general liberty and exemption from all authority in matters of Conscience and Religion Ch. 6. 8. which things I shall so far as is needful in due place particularly consider 7. The Writers of the Romish Church do 1. V. l. 2. Decretal Tit. de Jud. c. At si clerici c. Clerici Tit. de foro comp c si diligenti Bellar. de Cler. c. 28. Generally assert and some other parties also encline the same way that the state of the Church and all Ecclesiastical affairs are exempt from the civil power and not under the inspection and government thereof and that the Clergy as such are not subjects to the secular Governour and that they are not accountable before him no not so much say divers of them as in criminal causes nor yet in civil Layman l. 4. Tr. 9. c. 2 4 5. seq 2. Not only the Canonists but many others also do found this Ecclesiastical immunity upon a proper divine right which is also asserted by some of the Romish Biships Innoc. 3. in Conc. Lateran Leo 10. in Bul. Reform in Conc. Later 5. Ses 9. Azor. Tom. 1. l. 5. c. 12. Laym ubi sup c. 8. Greg. de Valent. Tom. 4. disp 9. qu. 5. p. 4. Bannes in 2. secundae qu. 6â— Art 1. Dub. 2. in such Councils as they call General And some of their Writers run so high as Layman Theol. Moral l. 1. Tr. 4. cap. 13. and divers others by him there cited as to assert that no civil or secular laws do lay any obligation directly upon the Clergy as having no authority over them But if I shall shew that all members of the Christian Church are nevertheless subjects or the Realm and that the nature of civil Soveraignty doth directly include a right to givern them and an obligation to take care of the affairs of the Church this will sufficiently refute these contrary positions 8. But these Writers are sensible that in the general practice of the Christian World almost in all ages thereof secular Governours have interposed in many cases Ecclesiastical And the great advantages from Christian Religion being established and Gentilisme opposed by the Laws and Constitutions of Constantine and other worthy Christian Emperours are so visible that they cannot be denied and therefore the Romanists do acknowledge that the Princes care of the Church affairs is of great use I. Zecch de principe l. 2. cap. 5. and that he is as Laelius Zecchius expresseth it Ecclesiae brachium Religionis propugnaculum the arm and defence of the Church and the fortress of Religion Greg. de Valentia ubi supra Laym l. 4. tr 9. c. 10. P. de Marca de Concord l. 1. cap. 12. in Prolegom p. 28. Yet that all this may be consistent with the former positions we have another device set on foot which acknowledgeth that this useful power of Soveraign Princes in things Ecclesiastical must be owned only as a priviledge granted them by the Bishop of Rome and that they must act therein as by his favour and as his deputies and by the right of protecting the Church which he committeth to them 9. Now though this pretence will fall with the former if it be manifested that the nature end and constitution of civil government as established by God is to be extended to matters Ecclesiastical yet concerning this pretence I shall here further note these things 1. That they must cast reflections upon the wise and good God who asserting the great usefulness of the civil Ruler interposing in matters Ecclesiastical will not grant that the wisdom and goodness of God should be as ready to allow the Church this advantage as the prudence of the Pope 2. That if this anthority in matters Ecclesiastical be against the rules of the divine law which God hath established for the honour and freedom of his Church the Bishop of Rome dealeth ill with the Church touching its freedoms by giving them away and makes very bold with God by daring to confront Gods laws with his priviledges and indulging any person to disobey them 3. That Christian Princes would be in a very unsafe condition whilest they act any thing about the affairs of the Church if they have no better foundation to bear them up than the pretence of the Popes power to dispense with the laws of God Surely had Justinian thought Novel 58. that his care of the Church had been so ventuous and hazardous an enterprise it would have cooled the heat of his zeal that he would never have professed his care for the Churches wilfare to be equal to that for his own life 4. That whilest any persons do think it meet that Princes should act under the Pope as his deputy in the affairs of Religion to whom they owe no subjection and from whom they receive no ruling authority it must certainly be much more reasonable that they should act under God and as his Deputies whose Vice-gerents they certainly are and from whom I shall now design to prove them to have authority in matters Ecclesiastical B. 1. C. 2. CHAP. II. The Royal Supremacy of Kings in matters Ecclesiastical under the Old Testament considered SECT I. Their supreme authority over things and persons sacred manifested 1. Kings in the Old Testament governed about things of the Church Art 37. THE inference which may be made from the authority of the Kings under the Old Testament is an argument to which our Church hath a great respect in asserting the Royal Supremacy in causes Ecclesiastical In her Articles she declareth this acknowledgment of Royal Supremacy to be a yielding that only prerogative unto our Kings which we see to have been given always to all godly Princes in holy Scripture Can. 2. by God himself And in her Canons she threatneth excommunication against them who shall affirm that the King hath not the same authority in causes Ecclesiastical Sect. 1 that the godly Kings had among the Jews Wherefore I shall for the inforcing this argument shew 1. That the Kings of Judah had and exercised a supreme power of Government in things belonging to the Church 2. That they did this by such a right as is common to all other Soveraign powers and not by any peculiar priviledge and
Bertram ibid. this which is also improved by some in favour of the highest sort of Presbyterian Consistories and against the supremacy of the King in matters of the Church is necessary to be rejected concerning which it will be sufficient to note two things 7. First That this hath no foundation in the Jewish Writers according to whom it is not to be doubted but that in the declining time of their state they had only one Great Sanhedrin which took cognisance both of chief civil and Ecclesiastical causes And the asserting of two such properly distinct Synedrial Courts is justly exploded by Grotius Gr. de Imp. c. 11. n. 15. Seld. de Syn. l. 2. c. 4. n. 5. Hor. Hebr. in Mat. 26. v. 3. Selden Dr Lightfoot and others well acquainted with Jewish learning And what number soever they had of particular Consistories the Royal power hath been sufficiently proved supreme as well in causes Ecclesiastical as Civil 8. Secondly The pretended proofs from Scripture upon which they who embrace this conceit do build are very weak Some persons would find an evidence for a divine appointment of an Ecclesiastical Sanhedrin of 71. in Exod. 24.1 where God said unto Moses Jus divin Regim Eccl Part. 2. ch 12. Come up thou and Aaron and Nadab and Abihu and seventy of the Elders of Israel unto the Lord and worship ye afar off And yet here is nothing at all mentioned concerning any Consistory or power of Government nor is it usual to account seventy four persons to be but seventy one 9. Others as L'empereur and Rutherford L'emp in Annot. in Bertr in Comment in Middoth ubi supra Rutherf Div. Right of Ch. Gov. ch 23. p. 505. insist on Deut. 17.8 12. where a Court of Appeales in difficult cases is established and the Law declares If there arise a matter too hard for thee in judgment between blood and blood between plea and plea between stroke and stroke being matters of controversy between thy gates then thou shalt arise and go to the place which the Lord thy God shall choose And thou shalt come unto the Priests the Levites and which Particle some render or unto the Judge Now all the force of argument from this place for two distinct Consistories is that here is mention both of the Priests and of the Judge But this Text gives sufficient intimation that here is only one chief Court designed and that with particular respect to matters of civil cognisance which might consist of Ecclesiastical or secular persons or rather of both Ant. Jud. l. 4. c. 8. Josephus tells us there were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the same Assembly the High Priest the Prophet and the Company of Elders meeting together And the Law of Moses did also expresly require concerning one and the same case Deut. 19.16 17. If a false witness rise up against any man to testify against him that which is wrong Then both the men between whom the controversy is shall stand before the Lord before the Priests and the Judges which shall be in those days and the Judges shall make diligent inquisition And how the Priest might sometimes be particularly concerned in the enquiry about civil Cases and matters of trespass and injury may be observed from 1 Kin. 8.31 32. 10. Another place frequently alledged for this Ecclesiastical Sanhedrim distinct from the civil is the constitution of Jehosaphat 2 Chr. 19 8.-11 which is ordinarily called the restoring the Synedrial Government Grot. de Imp. c. 11. n. 15. Joseph Antiq. l. 9. c. 1. But Grotius doth with considerable probability deny that two Courts were here appointed and Josephus whom he cited seemeth to be of the same mind And I think it sufficient to add that since two distinct Courts do not appear enjoined by the Law of Moses and since David and Jehosaphat did differently model their Courts of Judicature in complyance with the end and design of the Law of Moses 1 Chr. 26 29-32 2 Chr. 19 8-11 it is not to be doubted but this modelling was performed by their own prudence and Royal authority But that here was no such Sanhedrim erected as is pretended is the more manifest because I have given plain evidence that both before and after Jehosophats time the power claimed at peculiar to them was exercised by the King Nor could the act of Jehosophat give any Court an original sanction as from the Law of Moses nor ought it to be imagined that he invested them with any power paramount to the Royal by which they were constituted 11. And now again I think it not unmeet to apologize for the length of this discourse concerning the Synedrial power which is much larger than I could have desired it to have been And yet considering how great the mistakes of very many Christian Writers are in this particular and to what ill purposes this errour hath been by some abused both for the subverting the Royal and Ecclesiastical Government I thought it useful to add this Chapter in this place and to say so much therein as would be sufficient with impartial men for the refuting over-grown mistakes And this I have done the rather P. de Marc. Proleg p. 23 24 25. because one of the most ingenuous Romanists lately though he mention other Pleas doth insist on this as a chief one against the admitting that Royal Supremacy asserted in the Church of England to be proved from the Authority of Princes under the Old Testament because he tells us the King then in all difficult Cases must depend on this great Sanhedrin And this he there insists upon with particular opposition to the Anglobritanni or the positions concerning the due authority of Princes which are asserted in the Church of England CHAP. IV. Arguments for Royal Supremacy in Causes Ecclesiastical from the nature of Soveraignty and the doctrine of Christianity with an enquiry how far Princes who are not of the Church may claim and use this authority SECT I. The evidence hereof from the nature of Soveraign power Sect. I 1. IN considering the nature of civil Government Princes as Gods Ministers must take care of his honour and Religion we may in the first place reflect upon the original thereof It is derived from and appointed by God who as Creator and Lord of all hath the highest right to rule and govern the whole World Hence the Apostle calleth Government an Ordinance of God and Rulers his Ministers Rom. 13.1 2 3. who are also stiled Children of the most high Ps 82.6 And that this is a divine institution was constantly acknowledged by the ancient Christians notwithstanding their persecution from the civil powers as is manifest from many expressions to that purpose B. I. C. 4 Tertul. Apol c. 36. ad Scap. c. 2. Eus Hist Eccl. l. 7. c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Tertullian Dionysius Alexandrinus and others of which thing I shall discourse more in another place Wherefore Rulers ought to
that the Popes usurped power was not so quietly and freely submitted to in this Realm as thereby to give him any right to govern here SECT III. The present Jurisdiction of those Churches which have been called Patriarchal ought not to be determined by the ancient bounds of their Patriarchates 1. The bounds of Patriarchal Authority altered The third Assertion is That the Patriarchal rights especially those of Rome do not now stand on the same terms as they did in the ancient Church nor can the present Roman Bishop claim subjection in all those limits which of right were under the ancient and Catholick Bishops of Rome No man can reasonably think that the bounds of the Patriarchal Sees were unalterable unless they had been of a divine or Apostolical Authority But that they were never looked upon as such in the Catholick Church may besides other testimonies appear in that the General Councils undertook to erect Patriarchates and to divide the limits of others as they saw cause Sect. 3 Thus the dignity and honour of a Patriarch was given to the Bishop of Constantinople Conc. Const c. 3. in the second General Council and his Patriarchal limits and Jurisdiction were fixed in the fourth and in the same the Patriarchate of Antioch was divided and part thereof allotted to the Bishop of Jerusalem who then received Patriarchal limits and Jurisdiction Conc. Chalc. Act. 7. But I shall only consider four things which may so alter the state of Patriarchal Jurisdictions that every one of them besides what is abovesaid is a bar against all claim of authority in the Bishop of Rome to these Churches and Realms 2. First from the different territories 1. From the different bounds of free Kingdoms and Dominions of Soveraign Kings and Princes For the doctrine and design of Christianity did not intend to undermine and enervate but to establish and secure the right of Kings and no rule of the Christian Religion requires free Kingdoms to devest themselves of sufficient means to preserve their own security and peace and the necessary administration of justice Nor can the former acts of any Councils or Bishops wheresoever any such were give away the rights of Kings and Realms But a Foreign Bishop who is under no Allegiance to this Crown and hath no particular obligation to seek the good of this Kingdom Mischiefs from Foreign Jurisdiction may probably oft incline to designs either of his own ambition or the interests of other Princes against the true welfare of this Realm as hath sufficiently been done in the Court of Rome And if such an one hath power to cite before him any person whomsoever of this Realm either to his Patriarchal Seat or his Legate and hath the authority without all redress or appeal save to an Oecumenical Council which probably will never be had to inflict so severe a sentence as Excommunication truly is he would hereby have a considerable awe and curb upon many of the subjects of the Realm that they would be wary of opposing or provoking him And if Canonical obedience were due to him from all the Clergy and filial reverence from the laiety such a person being the Kings Enemy may have greater opportunity of indirect managing his ill projects than is consistent with the safety of the Realm or with the innocency and goodness of the Christian Religion to promote 3. The exercise of a foreign authority when managed by haughty and ambitious spirits hath been of such ill consequence to Kings and Emperours that King John was forced upon his knees to surrender his Crown to the Popes Legate Henry the Third Emperour of Germany Mart. Polon in Greg. Sept. p. 361. was compelled to stand at the Popes Gate barefoot several dayes n frost and snow to beg for absolution and Frederick the First to submit to Pope Alexander treading upon his neck And other instances there are of like nature of the despising Dominions and Dignities being the effects of Interdicts and Romish Excommunications Towards the whole Kingdom St. 25 Hen. 8.21 it becomes a method of exhausting its treasure by tedious and expensive prosecution of appeals and many other ways which were not without cause publickly complained of in this Kingdom Antiq. Brit. p. 178. insomuch that the yearly revenue of the Court of Rome out of this Kingdom was in the time of Henry the Third found to be greater than the revenue of the King And it is an high derogation from the Soveraignty of a King as well as a prejudice to the subjects where justice cannot be effectually administred and Cases of right determined by any authority within his own Dominions And with respect to the Clergy Pryn An. 24 25 Edw. 1. p. 689 c. the Foreign Jurisdiction sometimes brought them into great straits as did that Bull of Boniface the Eighth which put them to avoid his Excommunication upon contesting with the King and thereby brought them under the Kings displeasure and into very great grievances as appears from the Records of that time 4. And as upon these accounts it appears reasonable and necessary that the Dominions of Soveraign Princes should be free from any Foreign Ecclesiastical superiority so there are many things which may be observed to this purpose in the ancient state of the Church The Government of Dioceses Provinces and Patriarchates hath been acknowledged to have been ordered within the Empire and according to the distinct limits of the Provinces thereof Conc. Const c. 3. Chalc. c. 28. Conc. Chalc. c. 17. Trul. c 38. The Sees of Rome and Constantinople enjoyed the greatest Ecclesiastical priviledges because they were the Imperial Cities The Canons also of Oecumenical Councils enjoined that if any City receive new priviledges of honour by the Imperial authority the Ecclesiastical Constitutions for the honour of its See shall be regulated thereby And whereas the Slavonian Churches were first Converted to Christianity by them who were of the Eastern or Greek Church and embraced their Rites when Bohemia and some other branches of the Slavonian Nations were made members of the German Empire they thereupon became subject to the Government of the Western Church Thus also when the Bishop of Arles had an eminent authority in the ancient Gallia Comâ— Hist n 18. upon that City being divided from those Dominions and becoming subject to the Goths who then Commanded Italy and Spain he exercised no longer any Jurisdiction there but had his authority changed to be Delegate over the Spanish Territories but when this City was again reduced to the French Government he no longer exercised his authority in the Dominions of Spain 5. Yet it must be acknowledged that in practice the Dominions of several Soveraign Princes have been subject to a Foreign Patriarch which was not their duty But this was undertaken either upon presumption that because of the excellency and simplicity of the Christian Religion there could be no fear of prejudice from
authority of men the substance of which I have in another discourse taken notice of But this will be more apparently manifest from another position which I shall now reflect upon 2. It is asserted by them that if a Minister shall speak treason in his Pulpit by way of doctrine the Church only is to try whether it be treason indeed Ibid. Ch. 24. p. 551 552. The like Plea was used by A. Melvil a chief Modeller of the Scotish Presbytery in his own Case 1584. and he may decline the civil judg and appeal to a Synod This is not only affirmed by Mr Rutherford but this position was in an exceeding strange manner espoused by the General Assembly of the Kirk who contested with King James concerning it upon this occasion Mr D. Blake having in his Sermon at S. Andrews declared that the King had discovered the treachery of his heart That all Kings are the Devils Bearnes That the Queen of England Queen Elizabeth was an Atheist with many more dangerous assertions and being cited by the Kings authority to answer these things he alledged that he could not in this case be judged by the King till the Church had taken the first cognition thereof Spotsw Hist of Sc. l. 6. p. 330. And the Kirk-Commissioners enter a Declinator and Protestation against the Kings proceedings and would not consent that any punishment should be inflicted upon Mr Blake because there was no tryal before a proper judge and declared that if he should submit his doctrine to be tryed by the Council the liberty of the Church and the spiritual Government of the House of God Hist of Sc. l. 6. an 1596. would be quite subverted A full and particular account of this whole matter is expressed by Bishop Spotswood and this contest was so great and famous and the disturbances ensuing thereupon so notorious that they were thought fit to be signified to the States General of the united Provinces Adr. Damman in Praest Viror Epist p. 49. c. by their Agent then sent into Scotland in the entrance of 1597. But such positions and undertakings as these are calculated for a Meridian equal in Elevation with the Italian 3. One thing insisted on for this exemption of the Church and its Officers from the Civil Authority is that the Officers of the Church act by Authority from Christ and therefore are not to be in immediate subjection to Kings and Princes Chap. 6. Sect. 4. But this hath been particularly answered above 4. But they further argue Christs Royal Authority not invaded by Princes governing in causes Ecclesiasticale that it is the Royalty of Christ to Govern his Church in matters of Religion and if the Civil Rulers do intermeddle herein they thereby invade Christs Kingly Government To which I answer 1. That this way of arguing put into other language would amount to thus much That because Christ is the King of his Church or of all Christians yea and of all the earth therefore Christians and the whole World ought not to be subject to any other King or Ruler but to Christ And this would serve the design of the highest Fifth Monarchy men if it had any weight in it 2. It is a gross falshood that no act that Christ doth as King may be performed by any other King There are some great things in the Kingly power of Christ which are wholly incommunicable in the nature of them to any other human person whomsoever being founded on his Mediatory Office Such are his giving the Sanction to the Laws and Precepts of the Gospel to become the rule of the Christian Religion his Soveraign dispensing divine grace upon account of his own merits his pronouncing the final sentence of Absolution and Condemnation and his having by a peculiar right an Vniversal authority over all the World all power in heaven and earth being committed to him And all such things as these are as far disclaimed from Kings as from other men But there are other acts of Christs Government of his Church where some thing of like nature ought to be performed by others though in a different manner thus Christ ruleth Christians and so may all Christian Kings do Christ doth protect his Church and so ought all Soveraign Powers to do Christ by his Authority encourageth the pious and devout and discountenanceth the negligent and so ought all Rulers as well as all other good men to do by theirs 3. If governing others with respect to Religion were peculiar to Christ himself and his Royal Authority the authority of Ecclesiastical Officers would by this method become void also for Christ hath not conveyed the peculiarities of his Royal Authority to them But as they in their places have authority from Christ so the civil power is in subordination to him who is King of Kings and is confirmed by him 5. There have been also other very pernicious principles which undermine the whole foundation of the Royal Supremacy both in matters civil and Ecclesiastical In our late dreadful times of Civil War the whole management of things against the King and the undertaking to alter and order publick affairs without him was a manifest and practical disowning the Kings Supremacy Popular Supremacy disclaimed Some persons then who would be thought men of sense did assert that though the King was owned to be supreme Governour yet the supremest Soveraign power was in the people Others declared that the title of Supreme Governour was an honourary title given to the King to please him instead of fuller power And in the Issue July 17. 1649. by a pretended Act it was called Treason to say that the Commons assembled in Parliament were not the supreme authority of the Nation But there were also some who then affirmed the whole body of the people to be superiour to the Parliament and that they might call them to an account 6. But because I hope these positions are now forsaken and because much in the following Book is designed against the dangerous effect of them in taking Arms I shall content my self here to observe three things First that those who would disprove the Royal Supremacy because of some actions which have been undertaken by some of the people or by any in their name against their Kings or even to the deposing of them do first stand bound to prove all these actions to be regular and justifiable or else it is no better argument than they might make use of against the authority of God from the disobedience of men 7. Secondly The asserting supremacy of Government in the body of the people is a position big with nonsense and irreligion 'T is nonsense like a whole Army being General since Supremacy of Government in the whole body of the people can be over no body unless something could be supreme over it self whereas if there be no higher power than what is in the whole body of the people this must be a state of
Conspiracies have been frequently contrived against the Safety and Welfare of Princes and their Kingdoms as the consequent of the wicked Positions which I have undertaken to refute But all these attempts which are Pernicious and Destructive to Humane Society will I hope sufficiently appear by the following Discourse to be perfectly opposite to the Christian Doctrine also and severely condemned by it Wherefore the things treated of in this Book are of such a nature that they are of great concernment for the good Order Peace and Settlement of the World the security of Kings and Kingdoms and the vindicating the Innocency of the Christian Religion Upon this Account I could wish my self to be more able to discourse of such a subject as this every way suitably to and worthy of it self But as I have herein used diligent care and consideration so I can freely say I have every where endeavoured impartially to discover and faithfully to express the truth and have never used any unworthy Artifices to evade or obscure it And therefore if the sober and judicious Reader shall in any thing of less moment as I hope he will not in matters of great moment discern any mistake I shall presume upon his Candor and Charity In the manner of handling things I have avoided nothing which I apprehended to be a difficulty or considerable matter of objection but in the return of Answers and the use of Arguments to confirm what I assert I have oft purposely omitted many things in themselves not inconsiderable for the shunning needless prolixity and have waved several things taken notice of by others for this cause sometimes because I was not willing to lay any stress upon such things as seemed to me not to be of sufficient strength On this account for instance in discoursing of the Supremacy of Princes over Ecclesiastical Officers I did not insist on our Saviour and S. Peter paying Tribute Mat. 17.24 27. For though many ancient Writers speak of this as paid to Caesar and some expressions in the Evangelist seem to favour this sense yet I suppose there is rather greater likelyhood that this had respect to the annual oblation unto God himself which the Jews paid for the service of the Temple to which St Hilary and some other Ancients refer it Yet in rendring unto Caesar the things that are Caesars I still reserve unto God the things that are Gods acknowledging the primary necessity of embracing the true Worship of God and the Doctrine and practice of Christianity and that all Christians ought to bear an high reverence to the establishment of the Kingdom of Christ under the Gospel and to that Authority and those Officers which he hath peculiarly established therein But there is a very great miscarriage among men that there are those who look upon many weighty things in Christianity as if they were merely secular Constitutions and were no further necessary to be observed than for the securing men from outward penalties These men do not observe and consider that there lyeth a far greater necessity of keeping and valuing the Communion of the Church of devoutly attending Gods publick worship and orderly performing its Offices with other things of like nature from the Precepts and Institutions of Christ and from the Divine Sanctions than from the countenance or establishment of any civil Law or secular Authority whatsoever The lively sense and consideration of this was that which so wonderfully promoted and preserved both Piety and Unity in the Primitive Church when it had no encouragement from the Temporal Power But there must be no opposition made between Fearing God and Honouring the King but a careful discharge of both and these Precepts which God hath joined together let no man separate And now I shall only entreat that Reader who is inclined to have different apprehensions from the main things I assert to be so just to his own reason and Conscience as impartially to consider and embrace the evidence of Truth which is the more necessary because truths of this nature are no mere matters of speculation but are such Rules to direct our practice which they who are unwilling to entertain act neither charitably to themselves nor accountably to God And he who is the Father of Spirits direct the hearts of all men into the wayes of Goodness Uprightness Truth and Peace Lyn Regis June 21. 1678. THE CONTENTS THE First BOOK Chap. I. THE Kings Supremacy in Causes Ecclesiastical declared Sect. 1. The Royal Supremacy acknowledged and asserted in the Church and Realm of England Sect. 2. The true meaning of Supremacy of Government enquired into with particular respect to Causes Ecclesiastical Sect. 3. The Declaration of this sense by publick Authority observed Sect. 4. The spiritual Authority of the Ecclesiastical Officers is of a distinct nature from the Secular power and is no way prejudicial to Royal Supremacy Sect. 5. A particular account of this Supremacy in some chief matters Ecclesiastical with some notice of the opposition which is made thereunto Chap. II. The Supremacy of Kings in matters Ecclesiastical under the Old Testament considered Sect. 1. Their supreme Authority over things and persons sacred manifested Sect. 2. The various Pleas against Christian Kings having the same Authority about Religion which was rightly exercised under the Old Testament refuted Chap. III. No Synedrial Power among the Jews was superiour or equal to the Regal Sect. 1. The Exorbitant Power claimed to the Jewish Sanhedrim reflected on with a refutation of its pretended superiority over the King himself Sect. 2. The determination of many weighty Cases claimed to the Sanhedrim as exempt from the Royal Power examined and refuted Sect. 3. Of the Antiquity of the Synedrial Power among the Jews with reflexions upon the pretences for a distinct supreme Ecclesiastical Senate Chap. IV. Royal Supremacy in Causes Ecclesiastical proved from reason and the Doctrine of Christ Sect. 1. The evidence hereof from the nature of Soveraign Power Sect. 2. The same established by the Christian Doctrine Sect. 3. What Authority such Princes have in matters Ecclesiastical who are not members of the Church Sect. 4. An enquiry into the time of the Baptism of Constantine the Great with respect to the fuller clearing this matter Chap. V. An Account of the sense of the ancient Christian Church concerning the Authority of Emperours and Princes in matters of Religion Sect. 1. Of the General Exercise of this Supremacy and its being allowed by the Fathers of the first General Council of Nice Sect. 2. This Supremacy owned in the second General Council at Constantinople and the third at Ephesus Sect. 3. The same acknowledged in the Council of Chalcedon and others Sect. 4. Some Objections concerning the Case of Arius and Arianism considered Sect. 5. Other Objections from the Fathers concerning the eminency of Ecclesiastical Officers and their Authority Sect. 6. The Canons of the Church concerning the exemption of the Causes of the Clergy from secular cognisance
They either beyond due bounds exalt it so high as not to reserve that respect which belongeth to God and Christian institutions which is done by some few or else depress it so low as to devest it directly of its authority in causes Ecclesiastical if not to erect and acknowledge some other power Papal or popular as rival or paramount thereunto And therefore it is a work worthy the care and industry of one who loveth truth and goodness to endeavour the healing such a Fountain of deadly evil which hath diffused it self into so many several streams and Channels And I heartily and humbly beseech the Almighty God and Governour of all the Earth that he will guide and assist my undertaking and dispose the hearts of all men to a right understanding of truth and a serious performance of their duty 4. Now for the preservation of the peace and Government of Kingdoms these two things are especially necessary 1. That there be an acknowledgment of the Rulers just authority in his Dominions against all false pretenders and those who would undermine it or incroach upon it 2. And are asserted in this Realm That there be due care for maintaining that fidelity in the subjects which is suitable hereunto And both these things are so far provided for in the Constitutions of our Church and Kingdom that the Royal Authority is therein fully acknowledged and asserted and all Ecclesiastical persons and together with them civil and military Officers besides divers other subjects of this Realm are required to yield to the King that authority and duty which consisteth chiefly in these two things 1. The asserting in the King the Supremacy of Government in all causes against the claim of any Foreign pretenders or any others and their engaging to maintain all those Royalties which belong to the Crown 2. That such a faithful Allegiance be performed to him as disclaimeth all right and power whether by pretended Papal Excommunication or otherwise to set free any of his subjects from their duty of Loyalty and obedience and particularly declareth it unlawful upon any pretence whatsoever to take Arms against him And of the matter of our publick acknowledgments which relate to these two heads I shall discourse concerning the former head in this Book and the latter in the second Book 5. The Supremacy of Government in the King of England over this Realm In our Statute Laws and all other his Dominions which is his just and undoubted right is plainly declared in our most solemn publick Constitutions both Civil and Ecclesiastical It was asserted in our Laws in the time of King Richard the Second 16 Ric. 2.5 that the Crown of England hath been so free at all times that it hath been in no earthly subjection but immediately subject to God in all things touching the Regalty of the same Crown and to none other And in the time of King Henry the Eighth 24 Hen. 8.12 it was declared in Parliament that this Realm of England is an Empire and so hath been accounted in the world governed by one supreme Head and King having the dignity and Royal Estate of the Imperial Crown of the same unto whom a body politick of spiritualty and temporalty be bounden and ought to bear next to God a natural and humble obedience And it is usual for the Lords and Commons jointly even in the framing Acts of Parliament to mention the King under the stile of Our Soveraign Lord the King which is obvious in our Statutes By out Laws also since the Reformation the usurpations which had incroached upon his Supremacy are discarded the ancient right of Jurisdiction restored to the Crown 1 Eliz. 1. and the Oath of Supremacy established wherein this Royal Authority is solemnly owned acknowledged and declared and which is taken by all the Clergy of England and many others 6. The Oath of Supremacy The Oath of Supremacy containeth in it three things 1. The asserting the Kings Highness to be the only supreme Governour of this Realm and all other his Dominions and Countries as well in all Spiritual or Ecclesiastical things or causes as temporal 2. A disowning and renouncing all foreign Jurisdiction and authority within this Realm 3. An engaging true allegiance to the King and his Successors and a defence of the Jurisdictions and pre-eminencies of the Crown The lawfulness fitness and reasonableness of which things as they are expressed in that Oath I am the more enclined carefully to consider Weights and Measures Ch. 20. because a very learned man too readily and unadvisedly expressed his dissatisfaction concerning some clauses thereof But as the two first things contained therein will be the chief matter of my discourse so under the first nothing else need be much enquired after save the supremacy of the King in all spiritual or Ecclesiastical things or causes 7. For that the Kings Majesty is in general the chief Governour of this Realm is as evident as that this is the Kingdom of England and it is as needless a thing to say any thing in proof thereof as to go about to prove the Sun to be risen at Noon-day For there is an actual constant visible exercise of this Government in such an ample manner as to extend it self to all persons whomsoever in the Realm and this authority is very plainly acknowledged and confirmed throughout the whole body of our English laws and the Constitution of the Kingdom And the Title of our present Soveraign is manifestly undoubted by clear succession and descent not only from the Kings since the Conquest but from those before it For Margaret the Heiress of the Saxon Kings was about the time of the Conquest married to Malcom King of Scotland from whence our Soveraign is descended and thereby M. Paris an 1067. as M. Paris expressed it Regum Angliae nobilitas ad reges devoluta est Scotorum 8. And Ecclesiastical Constitutions This Royal Supremacy in causes Ecclesiastical is frequently asserted in the Constitutions of our Church It is owned and declared in the Book of Articles Art 37. And the Canons of our Church not only acknowledge this Supremacy Can. 1. but also enjoin Ministers frequently to teach the same Can. 36. And they moreover require subscription thereunto according to the purport of the Oath of Supremacy from all persons who come to be ordained or to be admitted to any living or employment in the Church Can. 2. and denounce Excommunication ipso facto against all impugners thereof in causes Ecclesiastical SECT II. The true meaning of Supremacy of Government enquired into with particular respect to causes Ecclesiastical Sect. 2 1. To prevent the inconveniency which ariseth from misunderstanding it is needful to consider what is meant by the phrase of supreme Governour Of Supreme Government which will easily be discerned if we first consider what is understood by Governing Now as Governing eâ—cludes a power of superiority over
the persons governed and an obligation upon them unto obedience so the chief and special works of secular Government are frequently expressed in the Holy Scripture by judging and doing judgment and justice 1 Kin. 10.9 Jer. 22.15 hence the ancient rulers of Israel were called their Judges by being as a Shepherd unto the people Num. 27.17 and also by giving praise to them that do well and executing wrath on them who do evil Rom. 13.3 4. 1 Pet. 2.14 Phil. de praem poen p. 918. de Vit. Mos l. 2. And Philo accounteth the authority of Government to be a power of commanding and prohibiting 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which encludeth an authoritative power over the persons of others and being the life of and giving execution to the law The sense of which and especially of the Scripture expressions is That the Governing power includeth an authority to take care of the Community and of what is just and right and to command and encourage well-doing and when occasion requires to take an account of the actions and causes of inferiours acquitting or punishing them according to their merit and opposing all injurious and evil doers And he who hath a right to do all this towards all other persons in his Dominions without being governed by subject to or accountable before any other superiour authority upon earth is a Supreme Governour 2. But it is neither necessary nor most suitable to supremacy of Government that the rules by which the Governour proceedeth should be altogether at his own will and pleasure But it is sufficient that these rules be such as he either judgeth to be good and therefore chuseth of himself or else freely accepteth and consenteth to them if they be formed to his hands or proposed by others For it is no abatement of the high Soveraignty of the Glorious God over the world that all his government and executing judgment is ordered according to the natural and eternal rules and measures of goodness and justice and not by any such arbitrary will which excludeth all respect thereto And man hath not a less but a greater government over himself when he guideth himself by the rules of reason nor is it therefore any diminution of the power of a Governour when the exercise thereof is and ought to be managed by rules of common equity Yea the Kings of Judah enjoyed a compleat Supremacy though they were to govern according to the law of Moses and so much more may Christian Kings do while they maintain a Religious respect to the positive laws of Christianity And there are some Kingdoms where without any disparagement to the Supremacy of their Prince they are governed by the fixed rules of the civil law and others where other laws established by their Predecessors are standing rules And if in the last place we consider that when great Emperours yielded to their conquered and tributary Principalities at their Petition and desire the priviledge of being governed by their own former laws as was done to Judaea by their Persian Josep Ant. l. 11. c. 4. c. 8. lib. 12. c. 2. c. 3. lib. 14. c. 17. Grecian Egyptian Syrian and Roman Governours under whose Dominion they were this was no giving the Supremacy of Government out of their own hands much less can it be a Plea against the Supremacy of Government in a free natural Prince where the consent of his Subjects in Parliament is always taken in for the forming and enacting any new law which he establisheth at their request and Petition 3. And as such a model of framing laws is very well consistent with the Supremacy of the Prince so it is a great priviledge to the subjects of such a Realm which they cannot but be sensible of and which will make their subjection more cheerful and free And it further encludeth this advantage to the Government it self that there is like to be greater care of obedience to those laws where the people are not only obliged thereto from the duty of submission and the fear of penalties but have also given their own consent and agreement to their being and constitution St. de Marlbridge St. de Bigamis St. quo Warranto passim To this purpose the things established by our laws are called things agreed and assented to and concordata and very often they are declared to be enacted by the Kings Majesty with the advice and assent of the Lords and Commons but always it is acknowledged that neither nor both Houses of Parliament have any legislative power without the King and whosoever shall assert the contrary is by a late statute declared to be under a Praemunire 13 Car. 2.1 4. And it is plainly evident Supremacy is a right of governing not of performing all particular offices that the supreme government in all things or causes is quite of a different nature from the right of performing the actions or offices of all persons who are under this government which for the most part are inconsistent with the dignity of Supremacy though some have been willing to confound these things and thereby hinder themselves and others from a right understanding of them De Rom. Pont. l. 1. c. 7. And Cardinal Bellarmine himself spent his strength and courage in fighting in the dark when he somewhat largely insists on this argument That secular Princes have not a supreme Government with respect to the Church because they cannot perform the offices of other Governours of the Church Bishops Priests and Deacons and argues they may not baptize and consecrate non sunt igitur Reges supremi Ecclesiae Magistratus But no man need be to seek for the true sense of supremacy as it is acknowledged in this Church and Realm who doth consider duly those very words both in the Oath of Supremacy and the Canonical subscription That the King is supreme Governour as well in all spiritual or Ecclesiastical things or causes as temporal Wherefore 5. Obs 1. In temporal things or causes there are some rights of power and authority Some authority besides the supreme by peculiar divine institution both in spiritual and temporal things which are wholly derived from the King as the Commanding an Army or Navy and the governing any place or County in his Dominion but there are others which depend upon divine institution which institution must be reverenced and the rules thereof attended unto by all sorts of men such is the authority and right of the Husband over his Wife in the state of marriage appointed of God And in Ecclesiastical matters there are some things in our ancient laws reserved as peculiar to the Ecclesiastical power not without good reason and yet much by the favour of the soveraign authority as the power of proving wills and testaments 21 Hen. 8.5.22 23 Car. 2. and granting administrations concerning which our late Statutes have made some additional provisions but there are other matters of Ecclesiastical authority
thereof Eus Hist l. 10. c. 5. and they by vertue of his delegation examined the case and adjudged it against the Donatists 8. But they being still unquiet and this hearing being ineffectual for procuring the peace of the Church he orders this to be further examin'd by the Council of Arles which he summoned and enjoins the parties concerned to attend that Council Eus ubi sup as his own Letters in Eusebius do declare Bar. An. 314. n. 53. And Baronius who fixeth the Baptism of Constantine ten years after this Council yet asserteth him to have been present in it which by the way is sufficient to discover how little the presence of Constantine in the Council of Nice can prove him to have been then baptized as Baronius would thence infer who was not there to give suffrage or vote for the deciding questions of faith but to observe their proceedings and preserve unity and where indeed even Heathen Philosophers were sometimes present An. 125. n. 45. which Baronius himself admitteth And after all this the Donatists being condemned at Arles but still dissatisfied and turbulent though Constantine was unwilling to have judged a Canonical case concerning Bishops in his own person yet at last he undertook the hearing the Case of Caecilianus himself and justified him And the accusations the Donatists brought against Felix who was one of them who ordained Cecilian Aug. Ep. 166. was by the Emperours command and appointment heard by Helianus who declared him innocent 9. Touching Arianism and the dispute concerning the time of the observation of Easter Constantine endeavoured to compose and end them Socr. Hist l. 1. c. 4 5. Soz. l. 1. c. 15. Eus de Vit. Const l. 2. c. 62. by sending Hosius Bishop of Corduba both to Alexandria and into the East or towards Asia to that purpose And after this by his Authority he called that famous Council of Nice to decide these Controversies of which I shall add more in the next Chapter And when they had determined these things and the Case of the Meletians and others Constantine enjoined the burning of all the Books of Arius Socr. l. 1. c. 6. and upon pain of death required every Copy of them to be given up and not to be concealed But afterwards being deceived by Arius and his Complices he was very favourable unto him And many other things passed under his cognisance relating to Arius and his Confederates and Opposers 10. He also published his Edicts against the Donatists Novatians Valentinians Cod. lib. 1. Tit. 5. leg 1. Eus de Vit. Const l. 3. c. 62 63. Sozom. l. 2. c. 30. Marcionists and other Sects forbidding their Assemblies either private or publick and commanding their ordinary meeting places to be pulled down or taken from them And Eusebius observes de Vit. Const. l. 1. c. 37. l. 4. c. 27. how for the procuring the peace of the Church he frequently assembled Councils and confirmed their Canons and Constitutions 11. And when he summoned the Council of Tyre he expressed such words of authority as these recorded by Eusebius and from him admitted by Baronius If saith he any one shall as I suppose they will not Eus de Vit. Const l. 4. c. 42. Bar. an 334. n. 8 9. withst and our mandate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and will not be present there shall forthwith be sent one by us who shall by the royal authority eject or banish him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and shall let him know that it doth not become him to resist the appointments of the Emperour which are published for the defence of the truth And Athanasius otherwise unwilling Socr. Hist Eccl. l. 1. c. 20 21 22. as Socrates informs us did come to that Council for fear of the Emperours displeasure But when the proceedings of that Council against him were very injurious and irregular for which the Emperour afterwards sharply reproved them Athanasius himself a man of a great and couragious spirit and no way inclinable to any unworthy compliances earnestly desired to have his case heard and examined by the Emperour himself who though at first unwilling did undertake to hear it 12. He also promulged divers laws for the advancement of Christianity and piety by them prohibiting idolatrous sacrifices Eus de Vit. Const l. 2. c. 44. lib. 4. c. 23. and taking care for the erecting Christian Churches ibid. l. 2. c. 44 45. Socr. l. 1. c. 12. and enjoining the reverent observation both of the Lords day and of other fasting and festival days of the Christian Church Eus de Vit. Const l. 4. c. 18 23. And all these things were looked upon by the Christians of that age as no acts of an intruding and usurping power but were attended with great approbation and acclamations and the pious Bishops were ready and forward to examine cases according to his order for the Churches peace or to meet in Councils according to his appointment But where the Emperour through mistake did go beyond his bounds the pious and Catholick Bishops were then careful to preserve the true Catholick rules of Order and Unity as appeared in that notable instance when he commanded Arius to be received into Communion of which hereafter 13. Indeed Constantine did all this time believe and own the doctrine of Christianity Eus de Vit. Const l. 4. c. 61. but was not till toward the end of his life solemnly admitted into the number of the Catechumens when he first received imposition of hands according to the discipline of the Church And therefore when he owned himself to be constituted of God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ib. c. 24. he meant thereby that he had the oversight and government and was to take care of those persons who were without the Church Ib. l. 1. c. 37. And the like general sense of the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must be admitted where Eusebius declares that Constantine behaved himself towards the Church of God as one who was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a general Governour thereof But whilest he was yet unbaptized being not a perfect member of the visible Church it would be very incongruous to assert that he could derive his authority in causes Ecclesiastical from his relation to that Church whereof he was but a Candidate And no authority of Government in the Christian Church can be conveyed by Christianity antecedently to the Baptismal admission SECT IV. An enquiry into the time of the Baptism of Constantine the Great with respect to the fuller clearing this matter 1. But because much of this depends upon the right fixing the time of Constantines Baptism it will be no digression to take a true account thereof which our later Romish Writers do much misrepresent Sect. 4 Now Eusebius the Chronicon of S. Hierome De Vit. Const l. 4. c. 61 62. and divers ancient Writers of good credit inform us that he received his Baptism at Nicomedia Socr. l. 2. c.
insolently exalted himself against and cruelly murdered his own Lord and Master And if S. Martin being once brought to his Table would not upon this account drink to him or to any other with him who were partakers or might be presumed favourers of his insurrection this spake him a zealous friend to justice and the right of Princes and one who earnestly detested Usurpation and Rebellion 7. The places produced from Nazianzen Naz. orat 17. Ambr. de dign Sacerdot c. 2. S. Ambrose and S. Chrysostome do express the Ecclesiastical authority to have an higher excellency than the temporal which Gr. Nazianz. declareth by comparing his Episcopal dignity with the prefect of his City but the other two by preferring the Ecclesiastical authority in some Excellencies to the Royal. And indeed there are very great Excellencies do attend the Ecclesiastical Ministry even in some respects above those which belong unto the secular and it becomes every good Christian who hath a value for the Gospel Grace highly to esteem this Ministry but its worth and excellency doth not at all prove its superiority of Government in the state of the World 8. The Ecclesiastical Ministry hath such excellencies as these The excellency of the Christian Ministry That the persons towards whom it is exercised are not only men or members of an humane Society but are advanced to be Christians or persons admitted into the body of Christs Church and that the constitution of this Ministry was established by the dispensation of that admirable grace and love of God which was manifested to the World by our Lord and Saviour and that the design of it hath more immediate respect to the souls of men and their salvation as also that heavenly and spiritual mysteries and blessings are dispensed thereby And some of these things are those to which S. Chrysostome had peculiar respect Chrys in Esai Hom. 4. 5. as his words do particularly declare 9. Excellency and supremacy of Government are different things But that such excellencies attending this ministration doth not place the Ecclesiastical Officers above the condition of being subjects to Princes may appear by proposing a like way of arguing in another case Every truly pious man doth rightly govern his own heart and life and thereby is not only a man and a visible Christian but is a true and real Christian and member of Christ whose practice is according to his profession And his chief care is about such excellent things as the divine life and the salvation of his Soul which he attaineth effectually and this man doth receive the grace of the Gospel to the highest and most advantageous purposes and is not only dignified with the honourable titles of a King a Priest and a Son of God but doth receive those great benefits which are included under these high expressions And these are spiritual excellencies of a more sublime nature than the bare enjoying either civil or Ecclesiastical Offices 10. But if every good man because of these excellencies which attend his state should be concluded to have a greater dignity of authority and Government in the World invested in him than is in Kings and Princes and that therefore he is not nor ought not to be subject unto them then must the Christian Religion not only bring confusion into the World but also make void its own Precepts of obedience subjection and humility and must also make men and the World the worse by taking them off from performing the duties of their relations 11. And that neither S. Chrysostome nor S. Ambrose ever intended by such expressions as are above-mentioned to discharge the Clergy from the obligations to obedience and humble reverence to Kings and Emperours is manifest Chrys in Rom. 13. from S. Chrysostomes declaring that even Apostles Evangelists and all persons whosoever ought to be subject to the civil power and from the dutiful behaviour of S. Ambrose to Valentinian of which I shall give some account in the following Book SECT VI. The Canons of the Church concerning the exemption of the causes of the Clergy from secular cognisance considered with some other things which have some affinity therewith from Mat. 18.17 and 1 Cor. 6. 1. There are divers ancient Canons which require the causes which concern the Clergy especially among themselves to be examined by the Bishop or the Bishops of the Province or if it be needful by a greater Synod but not to be brought before the Courts of the secular power Some such Canons are referred to by Photius Phot. Nomoc Tit. 9. c. 1. c. 11. qu. 1. Barcl de Pot. Pap. c. 32. Conc. Agath c. 23. Conc. Matisc 1. c. 5. Conc. Antioch c. 11 12. and others are produced by Gratian and divers of them are enquired into by Barclay To this purpose tend some Canons of the Second and fourth General Councils and others of the Provincial Councils both in Africa Asia and Europe But it may be presumed that these Canons of the Church would not have thus determined unless the Church had judged such cases and persons not to be under the Supremacy and Government of the secular authority And which may seem to add strength to this Objection even the civil law it self gives some allowance to these proceedings Sect. 6 2. And it may be further added Secular causes were anciently determined in the Ecclesiastical Judicatures Mat. 18.17 that when our Saviour established his Church there is some appearance of his giving the whole body or Society of Christians a kind of immunity from the supremacy of the secular power in that in Cases of trespass and injury which are civil matters he directs the proceeding concerning them to be brought before the Church 1 Cor. 6. 1 c. And S. Paul enjoins Christians not to go to law before the civil Pagan Judicatures which things carry an appearance of a diminution of the secular Supremacy towards the members of the Christian Church And the usual Trials of the civil causes of Christians by Ecclesiastical Judges both before and after the Empire was Christian is manifest not only from the Apostolical Constitutions Ch. 1. Sect. 4. Gr. Nys in Vit. Gr. Thaum Aug. Cons l. 6. c. 3. Amb. Ep. ad Marcellum Ep. 24. and S. Aug. which I above produced but also from what Gregory Nyssen relateth concerning Gregorius Thaumaturgus Bishop of Neocesarea and from the practice of S. Ambrose an account of which we have both from S. Austin and from himself 3. But for answer hereunto and for a right understanding of all this I shall think it sufficient to observe three things Obs 1. That those rules were established out of a true Christian and peaceable design This sometime by peaceable arbitration and to prevent scandal and thereupon had no ill aspect upon secular authority If a father of a numerous Progeny or a Master of a great Family consulting the honour reputation and peace of his Family enjoin them
should be under their government and shall order the affairs of his Realm in complyance with them and subjection to them Now all such acts are utterly void and wholly unobligatory because 1. No just right of Supremacy or any part of Royalty can be gained by possession upon an unjust title against the right owner upon a sure title this being a parallel Case to a Thief being possessed of an honest mans goods Addit to Hen. 3. an 10. f. 70. An. 10 Ed. 1. p. 279. An. 12 Ed. 1. p. 318. An. 17 Ed. 1. p. 391. c. And therefore though some Kings of England as Hen. 3. and Edw. 1. did until they could without danger free themselves pay to the Pope an annuus census of a thousand marks as appears from the Records of the Tower published by Mr Pryn yet this is only an evidence of the oppressive injuries which this Crown sustained by the intolerable exactions of the Pope 2. No Soveraign King unless by voluntary relinquishing his whole authority to the next Heir can transfer his Royal Supremacy to any other person whomsoever partly because the divine constitution having placed Supremacy in the chief secular Governours God expecteth from them a due care of managing of this power for the good of his people and for the advancing his own service and glory nor can any act of theirs make the duty which God still requires from them to become void no more than a Father or Husband can discharge themselves from the duties of those Relations while the Relations themselves continue Partly also because the constitutions of the Realm oblige all the subjects thereof to maintain the Royalties of the Crown and to perform Faith and true Allegiance not only to the King in being but also to his Heirs and Successors And partly because it is a great and special priviledge of a free born people that they cannot according to the condition of slaves have the chief and principal Dominion over them translated from one to another according to the pleasure of any person whomsoever though it be their own natural Prince which is both his and their great security and advantage CHAP. VII The Romish Bishop hath no right to any Patriarchal Authority over the Church of England SECT I. The whole Christian Church was never under the Patriarchal Sees Sect. 1 1. THE title of Patriarch Of Patriarchal Authority was not in the beginning of the Church fixed as peculiar to the Bishops of those Churches which for many Ages have been so called This stile was not oft used in the first Centuries and when it grew into use was yielded to other famous Bishops by Socrates Socr. Hist l. 5. c. 8. who did not preside in any of those Churches which have been commonly accounted Patriarchal And this title also in an inferiour degree was of late by Duarenus allowed to the Bishop of Aquileia Canterbury and others Duaren de Benef. l. 1. c. 9. The Bishops of Rome themselves seem not to have much affected or used this stile but they were ordinarily owned to be Patriarchs not only in the Ecclesiastical account but in the Imperial law B. 1. C. 7. And as this is a title of special honour given to some Sees so it encluded an Ecclesiastical authority extended to divers Provinces and over several Metropolitans 2. Now though the Romish Bishops pretence to an Vniversal Soveraignty be very vain and unjust yet if he have but a patriarchal right as some have demanded for him over all the Western Churches this will entitle him to an authority in this Realm which is a member of them Hereby he would be chief spiritual judge to receive appeals in Causes Ecclesiastical from the Metropolitical Jurisdiction and to have the highest constant and fixed power of censure and absolution besides what concerneth the Consecration of Archbishops or Metropolitans by his act or consent and a chief authority with respect to Synods And though a true Patriarchal right be of the same nature with the Archiepiscopal which ought to acknowledge the supreme authority of the Crown yet if any such authority be placed in any Foreigner it would impair the just dignity of the Prince as I shall hereafter evidence But that no foreign Bishop or Patriarch ought to have any such authority in this Realm will appear manifest by the proving three assertions which I shall perform in this Chapter 3. Assert 1. The ancient Christian Churches were never all of them under the Patriarchal Bishops viz. of Rome Many free Churches not anciently under any Patriarch Constantinople Alexandria Antioch and Jerusalem But there were anciently divers free Churches or Dioceses which word was several times of old used for the larger limits of many Provinces independent on any superiour Patriarch For that all the Patriarchates and other ancient great Dioceses or Eparchyes were only within the limits of the Roman Empire is manifest because the extent and bounds of their particular Churches was ordered and fixed according to the division of the Imperial Provinces And therefore besides the greater Armenia which was a Christian Kingdom and no part of the Empire in the time of Constantine and both before and after him all the Christians who lived under the Barbarous Nations are reckoned as distinct from the Patriarchal and other head Dioceses or Churches by the second General Council Conc. Const c. 2. 4. And whereas until 450. years after Christ The Pontick Thracian and Asian Churches there were only three Patriarchal Sees erected at Rome Alexandria and Antioch not only the Churches in the remote parts of Asia and Africa and others without the Empire but those of the Pontick Thracian and Asian Dioceses or Eparchies which were in the heart of the Empire were in subjection to none of those Patriarchs but were all that time 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 governed by themselves as appears from the second general Council Conc. Const ib. But when the patriarchal limits and authority of the Church of Constantinople was established the Churches of those three regions now mentioned which as Theodoret acquaints us Theod. Hist l. 5. c. 28. contained twenty eight Provinces or Metropolitical Jurisdictions were made subject to the Bishop of Constantinople by the authority of the fourth general Council Conc. Chalc. c. 28. But besides these there were also other particular Churches free from all Patriarchal Jurisdiction of which I shall give some instances 5. The Province of Cyprus in the Eastern Church The Cyprian Church when the Patriarch of Antioch claimed a superiority over it and a right of ordaining therein had its liberty and freedom defended and secured against him by the third General Council Indeed this Canon of the Council of Ephesus did chiefly provide Conc. Eph. c. 8. that no Cyprian Bishops should receive their ordination from the Bishop of Antioch or from any other than the Bishops of their own Island Yet to put a stop to
Anarchy where there is no superiour or supreme It includes Irreligion because Religion establisheth the Government of a people to be the ordinance of God and whereas Government must be by the exercise of a superiour authority there can be no authority upon Earth superiour to the supreme 8. Thirdly Supremacy cannot be asserted in a Parliament without doing violence to plain evidence For as loyal English Parliaments have constantly acknowledged supremacy in the King so it is manifest that the Parliament regularly is under the Government of the King For he Summons and gives birth to it by his Writ continues it at his pleasure and hath the authority of adjourning proroguing or dissolving it as he sees cause CHAP. IX Corollaries from the foregoing discourse concerning some duties of subjection THE Royal Supremacy being asserted it will hence follow 1. Corol. 1. Of submission and solemn professing the Kings Right That Subjects ought to own and acknowledge this just authority and supremacy of their Soveraign and heartily to manifest an humble peaceable and faithful submission thereunto This is that which the Rules of the Christian Religion do enjoin and they who are averse from the performance hereof do as much as in them lies enervate this authority and render it unmeet to attain its ends for which God did appoint it even the peace and good of the World And for the more effectual promoting of this faithful subjection the sacred bond of an Oath of homage and fidelity B. 1. C 9. is approved by God himself Eccl. 8.2 and hath been made use of by the general wisdom of the World The ancient practice of such Oaths is manifest under the Jewish Government Jud. 11.10 2 Kin. 11.17 as also under the Chaldean Empire Ezek 17.19 and under the Persian and Roman Empires Joseph Ant. l. 11. c. 8. l. 17. c. 3. Herodian l. 2. Bar. an 169. n. 9. And that the primitive Christians even in the time of persecution did by their Oaths assure their allegiance to those Princes seemeth well observed by Baronius from Tertullian Apol. c. 32. where discoursing of that fidelity and honour which the Christians had for the Emperour upon that occasion saith Sed juramus 2. Of speaking reverently Corol. 2. Subjects ought also to speak of their Princes with reverence and expressions of honour For all authority whether of Father Master or other Ruler deriving suitable degrees of honour upon the person the greatest and chief civil honour doth of right belong to him who in his Dominions is possessor of the highest authority upon earth And the ordinary using outward expressions and titles of honour is in this Case the more needful and reasonable because this hath a considerable influence upon the disposing men to obedience and because Government it self becomes most useful where it is entertained with due reverence Wherefore the title of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 optimus or most excellent which was the usual stile of honour which both Jews and Romans gave to the president of Judea Act. 23.26 ch 24.3 was readily made use of to Festus by S. Paul Act. 26.25 And when Priests and Rulers were none of the best men the holy Scriptures stile the Priest the Angel or Messenger of the Lord of Hosts Mal. 2.7 and the Ruler the Minister of God Rom. 13.4 and of such they use that expression Ps 82.6 I said Ye are Gods 3. And the primitive Christians were forward by such means to promote and secure the due honour of superiours Eus Hist Eccl. l. 7. c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To which purpose Dionysius Bishop of Alex andria when he was a Confessor and exposed himself to be banished for the Christian profession did yield to Valerian and Galienus persecuting Emperours the title of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 most pious Athan. Ap. ad Const Testim Eccl. Alexand in Athanas Eus Hist Eccl. l. 10. c. 5. Both Athanasius himself and the Alexandrian Church which held to him called Constantius the Arian Most Religious 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And when Constantine wrote to some of the Prefects of the Empire he gave to them in two Rescripts mentioned by Eusebius the title of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 your sanctity And that the ancient Churches did readily give to the Emperours their usual Imperial titles and did ordinarily treat them with such a stile as Sanctissimi Pientissimi Religiosissimi is not only manifest from particular Writers but is abundantly apparent from the Synodical Epistles of Provincial and even of Oecumenical Councils 4. Conc. Eph. Tom. 2. c. 10. To. 4. c. 17. And as the like expressions of honour were frequently and usually given to the Christian Bishops so when the Council of Ephesus were about to denounce the sentence of deposition against Nestorius Bishop of Constantinople for his Heresy and when they wrote to Celestine against John Bishop of Antioch as being an Enemy to the true Faith in complyance with Nestorius they gave them both the title of Most Religious And the like was done before the sentencing Dioscorus and other Bishops who complyed with Eutyches in the Council of Chalcedon Conc. Chalc. Act. 3. Evagr. Hist l. 2. c. 18. Wherefore such expressions as these were intended as titles of honour given to them upon account of their office and without respect to their personal vertues and in that sense are to be understood Mas de Min. Angl. l. 3. c. 5. n. 3. ibid. Baron Bin. 5. The use of such expressions of honourary titles is allowed and defended both by Romish and Protestant Writers And those persons who would appear backward in yielding to the supreme Governour his just stile of eminency and supremacy are wanting in giving him the honour which God enjoins and cannot easily be acquitted from the guilt of scandal in encouraging the bad temper of some and adding to the ignorance of others in that particular And they who are desirous to expose the persons actions or constitutions of their superiours may take warning by the actings of Ham towards his Father Noah which entailed a Curse upon his posterity 6. Corol. 3. it is also the duty of subjects Of praying for Kings heartily to pray for Gods blessing on the person and Government of their Soveraign because therein both Church and State and private interests also are so much concerned This was enjoined by S. Paul as a matter of principal concernment 1 Tim. 2.1 2. and was performed in the early times of Christianity Tert. Apol c. 30. Conc. Emer in Praef. And the Council of Merida did more particularly pray for their King Recessuinthus because he was Governour in all Causes Civil and Ecclesiastical quoniam de secularibus sancta illi manet cura Ecclesiastica per divinam gratiam recte disponit mente intentâ sit illi opitulatrix ineffabilis omnipotentis Dei gratia quae se quaerentibus manet propinqua But because it is an high piece of
after he saith In this Kingdom there were Officers of the Realm rege superiores I say saith he in this Kingdom which was established and ordained not by Plato or Aristotle but by God himself the supreme founder of all Monarchy 4. And it is very manifest The pretended power of the Sanhedrin that the greater part of the Jewish Rabbinical Writers and from them divers Christians some of them so judicious that it is strange they should be so much imposed upon by Fables and Romances do assert that the Sanhedrim or Senate of seventy one persons had such a power over the Kings of Judah as to call them to account and punish them And they also assert that according to the original establishment of the Jewish laws and polity the chief causes of moment both of an Ecclesiastical and civil nature were exempt from the Kings jurisdiction and reserved to the Synedrial cognisance Grot. Schick ubi supra To this purpose Grotius declareth aliqua judicia arbitror regibus adempta I think there were some cases of judgment reserved from the King which remained in the Sanhedrim of seventy men i. e. besides the Nasi or president Schickard goes farther and sayes sine senatus magni assensu Rex in gravioribus causis nihil poterat decernere that the King could determine nothing in the more weighty matters without the assent of this great Senate And our Author de Synedriis De Synedr l. 3. c. 9. n. 1. among other things discourses de Judiciis adeo Synedrio magno propriis ut nec à Regibus aut impediri aut ad tribunal suum vocari jure potuerunt in which words he fetters and confines the Kings power but that of the Sanhedrim is set at large 5. Carpzov in Schick c. 2. p. 142. But it may be a sufficient prejudice against these positions that they have no better a foundation than a tradition delivered by some of the Jewish Rabbins This a fabulous tradition of the Rabbins against the evidence of whose testimony in this particular there lie these exceptions 1. That none of those persons who assert this Synedrial power were contemporary with the flourishing of royal authority before the captivity but all of them lived near or fully a thousand years and many of them above fifteen hundred years after that time and therefore can give no testimony upon their own knowledge and writing one from another with a zeal for all traditions any of their wise men have delivered the number of them who are produced can add nothing to their testimony But both divine and humane writers who are of an ancienter date do sufficiently contradict this position as I hope to make plain He therefore who can believe that the Apostolical form of Church Government was by Lay-elders because divers of late but neither Scripture nor ancient Writers do assert it and he who can perswade himself that our Saviour made the Bishop of Rome the Vniversal Monarch of the whole World and gave him a plenitude of all temporal and spiritual power because many Writers of that Communion do now assert this while what is inconsistent therewith was declared by Christ his Apostles and the ancient Christian Church such men have understandings of a fit fize and sutable disposition to receive these Rabbinical traditions concerning the Synedrial authority and Supremacy which are also things fit for their purpose 6. Gemar Sanhed Cocc c. 2. Sect. 10. Secondly It is evident that the Rabbins out of affection to their own Nation were forward to extol it even beyond the bounds of truth of which that prodigious instance may be given in the Talmud of the number of the Horses for Salomons own Stables which are there brought up to an hundred and sixty millions accounting a thousand thousand to a Million Now the great Sanhedrim was the chief Jewish consistory for a considerable time Sed. Olam zut in fin before the reign of Aristobulus and under the Roman Government and some continuance thereof remained towards five hundred years after the destruction of Jerusalem as their Chronicle informs us which was till about the time of some of those Rabbinical Writers And it is very probable that the pressures and sufferings which the Jews sustained under the Roman Emperours or Kings might prejudice them against Monarchical Government 7. Thirdly There are other Rabbinical and Talmudical Writers of good note who will by no means be perswaded to embrace this tradition which disparageth the Royal power Seld. de Syn. l. 2. c. 16. n. 4. p. 666. De Synedr l. 3. c. 9. n. 3. Grot. de J. B. P. l. 1. c. 3. n. 20. To this purpose the words of the Jerusalem Gemara and of R. Jeremias mentioned in Dabarim Rabba and others are cited by Mr Selden and the testimony of Barnachmoni by Grotius who assert that no mortal man hath any power of judging the King And that the highest authority is in the King who standeth in Gods place is asserted by R. Abarbanel Carpzov in Schick p. 165. Their pretended power over the person of the King refuted whose words are in Carpzov 8. But because a due examination of these pretences may be of good use I shall first particularly reflect upon that strange power which these Writers give to the Sanhedrim over the person of the King They deal with the royal authority as the Jews did with our Saviour who gave him the title of the King of the Jews but yet scourged him and treated him with great indignity For these Writers do assert that the King might be scourged by the Sanhedrim only by the great Sanhedrim at Jernsalem saith Schickard De Jur. Reg. c. 2. Theor. 7. and he acknowledgeth that even this appeared to him valde paradoxum a thing far from truth and very unlikely until his own apprehensions were moulded into a complyance with the Jewish Writers But Mr Selden addeth De Syn. l. 2. c. 9. n. 5. that according to the testimony of the Rabbins he might be scourged by the lesser Sanhedrim of twenty three which was the Government of every particular City And among the 168. Cases punished by scourging enumerated by Maimonides Ibid. c. 13. n. 8. and mentioned from him by Selden the three last are if the King multiply Wives if he multiply Horses and if he multiply silver and gold Now these things are so strange in themselves reducing the King to the same circumstances with every common and petty offender that how this can consist with the majesty and soveraignty of a Prince is utterly unconceiveable and he who can entertain such dreams and fancies must also perswade himself to believe against the plainest evidence that David and those who sat upon his throne were not Kings and chief rulers in the Kingdom of Israel and Judah but were all of them subjects under the common and ordinary government and authority of that Common-wealth 9. Schickard de Jur.
yet sometimes in this particular he plainly misrepresenteth the laws of Moses as is done in some expressions of this very Chapter now mentioned 3. The Israelites also had Courts of Judicature and Judges in their several Precincts commanded by the law as is necessary in every Kingdom and orderly Government Both in its supreme power and they had one chief court to receive appeals from the inferiour enjoined Deut. 17.8 9 10. But all these in the time of the Royal Government and all matters of justice whatsoever were under the authority of the King ordered by him and dependent upon him Gemar in Sanh c. 2. Sect. 6. Even the Talmud declareth that all that is contained in that Parashah of the law which treateth concerning the King is under the Government of the King which Parashah or Section beginneth Deut. 16.18 and endeth Deut. 21.10 and so taketh in this whole seventeenth Chapter But we have much better evidence hereof both in what I have above observed of the Kings power concerning matters of judicature and in that God chargeth upon the King the care of executing justice Jer. 21.12 ch 22.2 3 4 15 16. See also 2 Kin. 15.6 4. But this Rabbinical Sanhedrim whose name being of a Greek extraction from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 may somewhat intimate the time of its production consisting only of Rabbies or such students in the law who received ordination it is reasonably concluded by Mr Thorndike Of Religious Assembl c. 3. that it could not be such in the flourishing times of their Kingdom when no doubt Princes and noble persons enjoyed places of dignity and authority And precise number of judges And whereas these Rabbinical Courts of Judicature consisted of three persons only in lesser places of twenty three in greater Cities and the supreme Court precisely of seventy one it is highly probable that this model so far as respects the number was not the ancient usage in Israel there being no account of any such Courts given either by Josephus or Philo. Ant. l. 4. c. 8. Yea Josephus declares that which is sufficiently contrary hereto that in every City the Government was to be managed by seven men with two Levites which he mentioneth as the direction of Moses but this is not reconcileable with the Rabbinical notions notwithstanding all the endeavours of some learned men to that purpose And when we read of a Court of ten Elders at Bethlehem Ruth 4.2 and of seventy seven Elders at Succoth which was a City of the Gadites Jud. 8.14 it is manifest that in those times they had not the same number of Judges and Rulers which the latter times did direct but very different Perpetual Gov. of Chr. Church ch 4. p. 21. as is from hence observed by Bishop Bilson 5. I know it hath been an opinion commonly received without much examination that this great Court had its original in the Wilderness when the seventy Elders were taken unto Moses his assistance in the Government Num. 11. which Mr Selden accounts a matter so clear De Syn. l. 2. c. 4. n. 12. that he receiveth it with nihil certius est But he who shall consider that all the evidence that those 70. Elders were such a Sanhedrin as I have above discoursed of doth depend upon the tradition of a very distant age and that there is no certainty that the 70. Elders mentioned in the Book of Numbers were one Court and not Officers in distinct limits as also that the History of the Book of Judges and of the time of Samuel 1 Sam. 7.16 who was himself chief Judge of Israel and in his own person held his assizes in Circuit twice in the year as Josephus tells us give sufficient evidence Ant. l. 6. c. 3. that there was no such supreme Court in being all those times which he judged Israel and that in the following times the authority claimed to them was enjoyed by the Kings as I have evinced I say he who considers all this may very well question if not deny its so early original And the Jewish traditions concerning the continuance of this Court Seld. de Syn. l. 2. c. 16. n. 23. p. 661 c. and the series of succession of its presidents hath no shew of probability They ordinarily account from Moses till the Kings of Israel that the several Judges of Israel were the successive heads of the Sanhedrim and yet there is no mention of any such Court in all the History of the Judges and many things therein shew them to have judged Israel as single persons or a kind of Monarchs and had there been such a setled great Court of Judicature with them that people had not been left upon the death of the Judge in such confusion and Anarchy that every man did what was right in his own eyes And the Jewish Writers produce different Catalogues of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or President of the Sanhedrin Ibid. n. ◠5. which speaketh them to be at great uncertainty concerning it And many of them will have David and some other Kings to have been Presidents of this Court which is contrary to another of their own traditions above-mentioned But these uncertain and groundless Fables are rejected by divers learned men and even Selden himself acknowledgeth Ibid. n. 6. p. 674. that what the Jewish Writers deliver is successio intuenti haud satis commoda And not only Petavius and Pererius have disowned the Constitution of this Samhedrim to be from Moses but Carpzovius lately Carpz in Schickard p. 11 p. 16. passim and Conringius de Republica Hebraica and Fipschmuthius de rege eligendo deponendo as they are by him cited will not allow it to precede the Captivity 6. There is also another conceit Of an Ecclesiastical Sanhedrin Bertr de Rep. Hebr. c. 11. L'emp in Bertr ibid. in Middoth c. 5. Sect. 3. Mos Aar l. 5. c. 1. which hath taken place with many as Junius and Tremellius in Deut. 17. Bertram and L'Empereur our English Author of Jewish Antiquities and others that God appointed two Synedrial Consistories among the Jews the one civil the other Ecclesiastical Now if all that is designed by this notion of a distinct Ecclesiastical power was no more than that the Priests as Gods Officers were by divine authority empowered to judge and determine of what related to the regular purity of the Temple worship and of the Rules of Ceremonial cleanness and uncleanness and such like things still acknowledging that they were subjects to the Royal Government all this is to be granted and asserted and some intimations there are in the Jewish Writers of a Council or Consistory of Priests V. Hor. Hebr. in Mat. 26.3 But since the authority pleaded for in the management of this notion is a proper supremacy in Causes Ecclesiastioal so that both these pretended Consistories are stiled by Bertram summa suprema judicia
Ordinance of Government is a useful institution that Christian Prayer which suiteth the Christian doctrine can desire no less than that this institution should attain its end and become every way effectual for the doing good And many Christian Princes have signally advanced both the doctrine and practice of Godliness and Religion Ecclesiastical persons subject to Princes 5. And that Ecclesiastical persons as well as others are included under the duty of yielding obedience and subjection to this authority doth appear from that general Precept Rom. 13.1 Let every soul be subject to the higher powers Where as the expression is universal and unlimited so the Comments of S. Chrysostome Theodoret In Loc. Theophylact and Oecumenius S. Bernard Ep. ad Senonens Archiep. Est in loc Gr. de Valent Tom. 4. Disp 9. qu. 5. punct 4. Bell. de Rom Pont. l. 2. c. 29. do plainly declare all Ecclesiastical persons and Officers of what degree soever even Apostles and Evangelists to be concerned therein But this sense of these words though urged also by S. Bernard is not embraced by the present Romish Writers but their exceptions made use of to elude this testimony are of no great force For while they tell us that these words do as much if not more require subjection to the Ecclesiastical power as to the temporal those who thus interpret are by S. Aug. censured Aug. cont Ep. Parm. l. 1. c. 7. to be sane imperitissimi And that the Apostle doth directly discourse here of obedience to the civil and temporal Rulers appears evidently from his mentioning their bearing the sword v. 4. and receiving tribute v. 6. 6. And the pretence that this command doth only oblige them who are properly subjects but not those Ecclesiastical persons who are pretended not to be subject but superior to the secular power doth proceed upon such a Notion which was wholly unknown to the ancient times of Christianity For it was then usual to hear such expressions as these Tertul. ad Scap. c. 2. Colimus Imperatorem ut hominem à Deo secundum solo Deo minorem we reverence the Emperour as being next to God and inferior to none besides him Hom. 2. ad Antioch And S. Chrysostome owned Theodosius as the head over all men upon Earth i. e. in his Dominions And according to this perverse Exposition there is no more evidence from the Apostles doctrine concerning any Christians in general being subject to Princes than concerning Ecclesiastical Officers because his doctrine must then be owned only to declare that those who are in subjection ought to be subject but not to determine whether any Christians were to be esteemed subjects to the Pagan Rulers or no. 7. But though the Apostles were ready to declare all needful truth even before Princes and Consistories we never find them when they were accused before Magistrates to plead against their power of judicature or that they had no authority over them but they defended themselves and their doctrine before them And when S. Paul declared Act. 25.10 11. S. Paul's appeal considered I stand at Caesars Judgment-seat where I ought to be judged if I be an offender or have committed any thing worthy of death I refuse not to dy I appeal unto Caesar he doth thereby acknowledge the Emperour to have such a power over him who was a great Ecclesiastical Officer as to take cognisance of his acting whether he did any thing worthy of death or of civil punishment 8. But against this instance Bellarmine who in his Controversies did yield De Rom. Pont. l. 2. c. 29. that the Apostle did appeal to Caesar as to his superiour in civil causes afterwards retracts this and declares that the clergy being Ministers of the King of Kings are exempt de jure from the power not only of Christian but of Pagan Kings and therefore asserteth that S. Paul appealed unto Caesar In Libr. Recognit not as to his superiour but as to one who was superiour to the President of Judea and to the Jews 9. But such shifts are first contrary to the sense of the ancient Church concerning this case as may be observed from the words of Athanasius who being accused before Constantius telleth him if I had been accused before any other Athan. Apol ad Constant 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I would have appealed unto your piety even as the Apostle did appeal unto Caesar but from thee to whom should I appeal but to the father of him who said I am the truth which words declare this appeal to be as to a superiour and the highest on Earth who is only under God Secondly this perverteth the Apostles sense and contradicteth his words who declared in his appealing where he ought to be judged if he had done any thing worthy of death which is a plain acknowledgment of superiority over him 10. Thirdly Besides that all appeals are owned by Civilians and Canonists as an application from an inferiour judge to a superiour judge this particular liberty of appealing to the Roman Emperour was a priviledge granted only to them who were free Citizens of Rome and the Apostle could not claim this but by owning himself a Citizen of Rome and therefore a subject to the chief Governour thereof For this appeal was founded upon that Roman law which condemned that inferiour Judge as deeply criminal who should punish any Citizen of Rome thus appealing To this purpose Jul. Paul Sentent l. 5. Tit. 28. n. 1. Julius Paulus saith Lege Julia de vi publica damnatur qui aliqua potestate praeditus civem Romanum antea ad populum nunc ad Imperatorem appellantem necarit necarive jusserit torserit verberaverit condemnaverit in vincula publica duci jusserit And accordingly upon this appeal S. Paul declared that no man no not Festus himself the President of Judea who otherwise was enclinable to have done it might deliver him to the Jews Act. 25.11 SECT III. What authority such Princes have in matters Ecclesiastical who are not members of the Church 1. It may be said that what is declared by S. Peter and by S. Paul to the Romans and also his appeal did immediately respect Heathen Governours and therefore if these places will prove any thing of the Princes power in matters Ecclesiastical they must fix it in Pagan Princes as well as in Christian Div. right of Ch. Gov. ch 26. And this is the principal thing objected against the argument from S. Paul's appeal by Mr. Rutherford who tells us that this would own the Great Turk to be Supreme Governour of the Church 2. And it must be confessed that it is a very sad and heavy calamity to the Church when those soveraign powers who are not of the true Religion will intermeddle in the affairs of the Church without the fear of God and due respect to the Rules of Religion Such was the case of the Jewish Church under the Roman power
which undertook to dispose of the High Priesthood in Jewry against both the letter of the law and the design of it But no Governours whosoever they be whether of the Church or Strangers from it have any right to do such things no more than Jeroboam had to set up the worship of the ten Tribes of Israel contrary to the Law or than the Arian Emperours had to oppose the Deity of the Son of God against the Gospel But though it be very desireable that all parts of the Christian Church should be under Christian and pious Princes yet where other powers do take care Sect. 3 that the Christian Church and Ministers do observe the true Christian Rules Spalat Ostensio Error Fr. Suar. c. 3. n. 23. as the Archbishop of Spalato tells us was done in that part of his Province which was under the Turk this so far as it is regularly performed is an advantage to the Christian Religion and no blameable exercise of their authority 3. I think it a very plain and clear truth All Soveraign powers ought to profess and promote true Religion that Kings and Princes are invested with an authority to govern in matters of Religion not as originally arising from their Christianity but from their general right of Dominion and Soveraignty Nor will there be any difficulty in this assertion if we consider that this power of governing about Religion encludeth only a right of establishing by their authority what is truly unblameable orderly useful and necessary with respect to Religion and of enquiring into the practices of their subjects thereupon in order to approbation or punishment but gives no authority against truth or goodness 4. And though some persons by popular expressions declaim against this position De Minist angl l. 3. c. 4. yet the substance of it hath been yielded by men of various perswasions Mr Mason in his defence of the Ministry of England asserteth That they who are Heathens have the same office and authority of the higher power that the Christian Magistrate hath but want the right exercise of it in matters Ecclesiastical Our English Presbyterians have asserted that Heathen Magistrates may be nursing Fathers Jas div Reg. Eccl. c. 9. S. 1. may protect the Church and Religion and order many things in a ploitical way about Religion may not extirpate or persecute the Church may help her in reforming and may not hinder her Spalatens ubi sup And Spalatensis asserteth that the power of the Prince in the external things of the Church is so necessarily connected by divine natural and positive right with the Royal power ut infidelis etiam princeps tali si velit sciat legitime uti possit potestate that even an infidel Prince may use that power if he understand his duty and be willing to perform it And this assertion is approved even by Didoclavius or Mr Caldwood Altar Dam. c. 1. fin Didoclavius being the Anagram of Caldivodius one of the most eager of the Scotish Presbyterians And Rivet very rightly averreth In Decal ad quint. praec In infideli principe non est defectus potestatis sed voluntatis tantùm that an infidel Prince doth not want authority but will and inclination to advance the true Religion 5. Surely it is past doubt that where ever true Religion and Christianity is declared and manifested in the World it is the duty of all men to receive and embrace it because as they are Gods Creatures they ought to obey and honour him and submit to his Laws and believe his Revelations and thereupon every supreme Magistrate ought to advance the name of Christ and the true doctrine and Religion And if a Pagan Prince upon understanding the truth shall use his authority for its advancement this power is justly exercised in such Causes Ecclesiastical I presume no Christian will deny that Nebuchadnezzar did well in making a strict Law Dan. 3.29 that none should speak amiss against the God of Israel and Darius also in making a Decree that men tremble and fear before the God of Daniel Dan. 6.26 and Cyrus Darius and Artaxerxes in giving order for the rebuilding the temple at Jerusalem restoring its Vessels and furnishing it with Sacrifices and executing judgment on the opposers hereof with respect to which thing good Ezra blessed God who had put such a thing into the heart of Artaxerxes And that other Princes in like circumstances should follow the steps of Nebuchadnezzar Darius and the King of Niniveh who proclaimed a strict fast and commanded his people to cry mightily unto God Aug. Ep. 50. Tertul. Apol c. 5. is justly asserted by S. Aug. in his Epistle to Bonifacius 6. Nor are those Heathen Emperours to be censured who acted any thing on the behalf of Christian Religion as Tiberius threatned them who at their peril should accuse Christians for their Religion and other publick rescripts there were of Adrianus Eus Hist Eccl. l. 4.9 Antoninus ibid. c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aurelius Tertul. Ap. c. 5. and Galienus Eus Hist l. 7. c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which were in the favour of Christians And it is a known and famous case concerning Paulus Samosatenus who for Heresy was deposed by the Christian Bishops in the Council of Antioch and Domnus appointed to succeed him Eus Hist l. 7. c. 24. But Paulus refusing to leave his possession the Orthodox Christians appeal to Aurelianus a Pagan Emperour who referring the case to be heard by the Bishops of Italy and about Rome ordered the Church to be given to him for whom they should determine and by his authority was Paulus ejected and neither his interposing nor their appeal unto him hath been ever thought culpable nor yet Paulus his being dispossessed Constantine before his baptism exercised authority in things Ecclesiastical 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the secular power 7. But above all others the acting of Constantine the Great before the time of his Baptism seemeth very considerable to evidence what power hath been exercised in things Ecclesiastical with the general approbation of Christians by one not yet admitted into the Christian Church Of which I shall give some particular instances to which more may be added beginning with what hath relation to the peace and concord of the Church Africa in a short time gave birth to the Schism of Donatus and of Meletius and the Heresy of Arius The Donatists separated themselves from the Church upon some exceptions they made against the Ordination of Caecilianus and being condemned by the African Catholick Bishops they apply themselves to Constantine the Emperour Opt. cont Parm. l. 1. But he being not versed in things of that nature as Optatus tells us did not or as S. Austin several times saith Aug. Ep. 162. 166. durst not undertake the judging of the case himself but by his authority he appointed Melchiades then Bishop of Rome with three Bishops of Gallia to judge
things which are under the proper and peculiar administration and cognisance of Ecclesiastical Officers are sometimes in a restrained sense stiled Ecclesiastical things which as such all secular powers are prohibited to intermeddle with And in this sense with particular respect to matters of saith as falling under Ecclesiastical decision not only Hosius above disallowed Constantius his undertaking things Ecclesiastical who yet himself obeyed the summons of Constantine to appear in the Council of Nice and some others and was imployed by him in many things relating to the Church Conc. Eph. Tom. 1. c. 32. But also Theodosius above-mentioned declares it unlawful for any but Bishops negotiis Ecclesiasticis sese immiscere to intermeddle in Ecclesiastical business But that the Phrase of things Ecclesiastical is there understood only in the restrained sense now mentioned is manifest because in that very rescript of Theodosius to the Ephesine Council he committeth this authority to the Count he sent thither to take care of the orderly and peaceable proceedings of the Council and to hinder any person whomsoever from departing from the Synod or any other Ecclesiastical cause from being discussed till those for which they were called were determined And in the same Epistle also the emperour declares that as he had a care concerning the Common-wealth so his chief care was concerning such things as pertained to Piety and Religion So that the Princes power and authority about things Ecclesiastical as that Phrase is taken in a large sense for things relating to the Church and Religion was not in that rescript denied 10. V. Ambr. in Auxent ad Marcellin theod Hist Eccl. l. 5. c. 13. And touching the Case of Ambrose It had certainly been a thing unaccountable and unwarrantable for him by any act of his own to have delivered up the possession of his Church Since this had encluded what Theodoret saith he thought himself obliged to refuse his own consent to give up his people to the conduct of the Arians And indeed the interest of God and his Church and his truth were superiour to the will and command of the Emperour or any man upon Earth and it was fit that S. Ambrose should acquaint the Emperour with this Sect. 5 which he ought to take notice of But if the emperour should not observe his duty to God S. Ambrose must not neglect his still behaving himself to his Prince as becomes a good subject But when any Catholick Bishops by the Edict of Arian Emperours were commanded into banishment they not only obeyed of which there are numerous examples but though it a Christian duty to submit themselves with a patient and peaceable temper of mind which was very remarkable in the carriage of Eusebius Samosatensis under Valens the Emperour which was much commended by Theodoret Theod. Hist Eccl. l. 4. c. 13. SECT V. Other objections from the Fathers concerning the eminency of Ecclesiastical Officers and their authority It is further objected that divers ancient catholick Writers even before the Aspiring height of the Romish Bishop have used such expressions as speak their preferring the authority of the Ecclesiastical power to the secular and their esteeming it to be the more eminent To this purpose some passages are produced by Baronius Baron an 57. n. 31 32. from Ignatius Sulpitius in the life of S. Martin Gr. Nazianzene S. Ambrose and S. Chrysostome 2. What is cited as from Ignatius directeth first to honour God and then the Bishop and after him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the common Greek Copies read it the King But it is sufficient to observe that all this is only an addition of the Interpolator of Ignatius V. Ign. Ep. ad Smyrn and is not any part of his genuine Epistles as is evident from the Latine Edition of Bishop Vsher and the Greek of Vossius neither of which have any thing of this nature in them And yet though this addition might be made as Bishop Vsher conjectureth Usser dissert de Ing. c. 6. about the sixth Century it was designed to suit the age of Ignatius and that which the foregoing words intimate to be the intended sense may well be allowed That Christians were bound to have an higher regard to the directions and instructions of Christianity and the conduct of their Bishops and spiritual guides in the Christian Religion than to the commands even of Kings or Emperours who were opposers of that holy Religion and Enemies to the truth 3. But from Sulpitius in the life of S. Martin he urgeth that S. Martin being entertained at the table of Maximus the Emperour Of S. Martin and Maximus Sulp. in vit Martini c. 23. one of the Kings attendants brought him a Cup which the King commands him to give to the Bishop S. Martin then Bishop of Turenne desiring that he might receive the Cup from his hands But S. Martin when he had drunk gives the Cup to his Presbyter who was with him thinking that neither the King nor any other who were with him ought to be preferred before him And Baronius declareth he would have done the same had he been only a Deacon whom he had with him 4. But this story as it is here related shews much of the Spirit of Baronius towards Kings who would not it seems allow them being of the laity to have so much honour and respect shewed unto them as must be given to a Deacon And if the spirit of S. Martin was such as the Cardinal in this particular doth represent it it would need an Apology if the Case would bear it or indeed it would rather deserve a censure 5. But the truth is that Maximus was a Rebel and an Vsurper who had then wickedly murthered Gratian the Emperour and invaded the Territories of Valentinian and for this cause S. Martin though often requested for a long time refused to come to his Table and avoided all converse with him more than any other Bishop in those parts did and did also foretel the ruine of Maximus Sulp. ibid. Baron an 386. n. 20 21. Marcel Com. Chron. in init Socr. l. 5. c. 14. as Sulpitius relateth and Baronius elsewhere taketh notice of And Marcellinus in his Chronicon and also Socrates Theodoret and Sozomen in their Histories divers times when they speak of him give him the stile of Maximus the Tyrant And Symmachus a Roman Senator was found guilty of Treason by Theodosius for publishing an Oration as an Encomium or Panegyrick upon Maximus 6. Ambr. Ep. 27. When S. Ambrose was sent as an Ambassadour from Valentinian to Maximus he not only refused the salutation of a kiss from him but withdrew himself from those Bishops who communicated with him An. 383. n. 19 20. Rab. Maur. lib. de Rever c. 3. Yea Baronius himself mentions his Government as being a tyranny and Rabanus Maurus taketh special notice of this Maximus as being a person who did not escape the divine judgment when he had
foreign Jurisdiction by Oath 1 Eliz. 1. Article 37. is to restore that Jurisdiction to the Crown which had been usurped by the Pope and our Articles do assert that the Bishop of Rome hath no Jurisdiction in this Realm of England and the Injunctions of King Edward did also declare K. Edw. Inj. 1. that no manner of obedience and subjection within these Realms and Dominions is due to him And the truth of this I shall undertake to manifest after I have first given some account of the claim he makes SECT II. The high claims of Papal Supremacy declared Sect. 2 1. Against the supreme Government of Princes there is an high and imperious demand made of an Vniversal Monarchy for the Romish Bishop and of an exemption from the secular Government fot all Ecclesiastical things and persons And this is pleaded for and defended by divers of their Writers 2. Various assertions of Romish Writers concerning the Popes Supremacy Earcl de potest Papae c. 3. adversus Monarchomach l. 4. c. 4. l. 5. c. 8. Yet among those who embrace the Romish Communion there have been and are considerable persons who have maintained that the Pope as Pope and by divine right hath no temporal power and in temporal things hath no authority over Kings And yet even these men acknowledge the Bishop of Rome as Christs Vicar and the Universal and supreme Pastor to be endowed with a spiritual power and Empire over all Christian Kings and Monarchs But some of them do expresly grant to Princes an authority in causes Ecclesiastical so far as is necessary for the preservation of the temporal Republick 3. This opinion was not only embraced by Joh. Major Jacobus Almain and some others more anciently but is also at large declared and defended by Barclay de potestate Papae Blackwel in his Examination Barnes in his Catholico-Romanus Pacisicus and divers others But this assertion is not only distastful to the Romish Court but even Bellarmine accounted it to be rather an Heresy than an opinion De Rom. Pont. l. 5. c. 1. 4. Many others there are who deny the Pope to have any direct temporal power but yet grant him as much as he can desire nder the terms of indirectè in ordine ad spiritualia For since by this phrase is meant in order to the advancement or preservation of the See and interest of the Romish church and those of its Communion these persons grant as much indirectly as any other do directly even as if any person should aver that Alexander had no direct right to any other Kingdoms or Countries but in order to the advancement of his Crown or enlargement of his Government his claim was valid these give him as large a title as any other persons can do This method doth Eellarmine in his Controversies embrace with many others whom he mentions and he calls this the common opinion in explaining of which he gives the Pope this ample and extensive power that he hath in order to spiritual good Bell. ibid. the supreme authority of disposing of the temporal things of all Christians Yea he asserts that he can depose Kings and transfer Kingdoms not as an ordinary judge but as a supreme spiritual Prince and that he cannot ordinarily either establish temporal laws or make them void as Pope but that he can do this if the Kings themselves will not do it in ordine ad salutem animarum 5. Yet because he who talked at this rate spake with some reserves and seeming limitations of expression rather than of sense and chiefly because by considerable argument against the Popes direct temporal power he had indeed taken away the direct support for this indirect power we are informed by Barclay Barcl de Potest Pap. c. 13. p. 101. c. 40. p. 329. that Sixtus the fifth had a design and almost accomplished it by a publick censure to abolish all Bellarmines Controversies because in this particular he did not comply far enough with his ambition Acts and Monum Co. 8. n. 8. And it hath been observed both by Blackwell and Bishop Mountague that Carerius in his Book de Potestate Rom. Pontificis making it his drift to refute Bellanmine and his notion yet inscribes it adversus politicos nostri temporis haereticos 6. But there are many Canonists and others of whom Baronius was one who asserted the Pope to have a supreme universal temporal power by divine right over all the World tam jurisdictionis quam proprietatis M. Becan de Justit Jure c. 3. q. 7. Blackw Exam. n. 20. as Becanus expresseth their sense Many who maintain this opinion are mentioned by Bellarmine and others by Blackwell who observes that both Rodericus Sancius and Carerius do call this the common opinion of Divines 7. Vniversal temporal supremacy challenged by the Court of Rome But however any private persons of the Romish Communion may think in their studies or dispute in their Writings the publick claim of the Court of Rome hath been for an universal direct temporal power â—â—atina in Greg. 7. Baron as is fully evident from these among other instances When Gregory the seventh undertook to transfer the Imperial Crown from Henry the fourth to Rodolphus he founds the right of his disposal thereof upon the gift of Christ to S. Peter and his pretended Successors at Rome saying Petra dedit Petro Petrus diadema Rodolpho 8. Extr. Coml l. 1. Tit. 8. c. 1. Unam Sanctam Mart. Polon an 1301. The Constitution of Boniface the Eighth asserted both the spiritual and Temporal power to belong to S. Peter and the Church with respect to which Martinus Polonus declared se dominum spiritualem temporalem in universo mundo asserebat And in his Oration in confirming Albertus to be King of the Romans lately published by Baluzius Baluz in Addit ad Marc. de Conc. l. 2. c. 3. he affirmed that as the Moon hath no light but what it receiveth from the Sun so there is no earthly power which hath any thing but what it deriveth from the Ecclesiastical power and all powers saith he are from Christ and from us as the Vicar of Christ And he there declareth that Christ hath given his Vicar that power that he hath the right of constituting an Emperour and of translating the Empire with much more to that purpose And his high contests with Philip the French King upon the like claim were very notorious which occasioned the earnest Declaration of the Estates of France against him 9. And in that large Rescript of Alexander the Sixth to Ferdinand and Isabella 7. Decretal l. 1. Tit. 9. C. â— King and Queen of Castile and Arragon and to their Heirs and Successors for ever he undertakes to give to them all the American land unpossessed of any other Christian Prince and all Islands and all parts of the Continent which either already are or hereafter shall
794. as some Romanists would have it but this was granted as an Eleemosynary pension for maintaining an English School at Rome And it must also be acknowledged that the Pope did sometimes since the Conquest exercise a great authority here disposing frequently by his provision of spiritual preferments confirming or nulling the Election of Metropolitans Pyn in Edward 1. an 30. p. 985 986. an 32. p. 1040. and some other Bishops and receiving Appeals And in those days there are some instances in our Records that the Kings Writ against persons excommunicated by the Archbishop was sometimes superseded upon their alledging that they prosecuted Appeals to the Apostolical See 11. But this submission in different persons had not always the same principle being sometimes yielded out of an high measure of voluntary respect and kindness and sometimes more was given to the Pope than otherwise would have been because the circumstances of Princes oft made their courting the Popes favour in former times to be thought by them to be a piece of needful policy And much also was done from the superstition and misapprehension of those Ages in many persons who supposed him to have that right of governing these Churches as S. Peters successor which he is now sufficiently evidenced not to have had Now what is done out of courtesy and by leave or out of some emergent necessity may at other times be otherwise ordered and no Christians are obliged to continue in practising upon superstitious mistakes more than they are obliged to live in errour and superstition And mere possession upon an unjust claim can give no good title to the Government of a Church but when the injustice thereof is made manifest it may be rejected and abolished Conc. Eph. c. 8. as the ancient Canons especially that Canon of the Council of Ephesus which speaks particularly of the Patriarchal Authority enjoin that no Bishop shall invade any Church which was not from the beginning under his Predecessors and if he should compel it to be under him he must restore its Jurisdiction again 12. Yet that exercise and possession of authority which the Pope here enjoyed was not so constant and undisturbed but that it was many times by the Kings and States of the Realm and even by the Bishops at some times complained of and opposed as injurious and the true rights and liberties of this Church and Kingdom were oft demanded and insisted upon Of which among very many instances I shall take notice of so many as are sufficient Before the Conquest I find not that the Pope exercised or claimed any governing authority distinct from counsel and advice in this Realm and therefore there was no need of any opposition to be made agianst it Indeed when Wilfrid Bishop of York who was twice censured in England G. Malmsbur de Gestis Pontific l. 3. f. 150. did both times make his application to Rome his Case was there heard and considered in a Synod and such examination and consideration of the Case even of the Bishop of Rome as Cornelius and others was sometimes had in other ancient Churches But for the decision of the Case the Pope requires it either to be ended by an English Council or to be determined by a more general Council And when Wilfrid at his first return from Rome brings the Popes Letters in favour of him King Egfrid put him in Prison and at his second return from Rome Ib. f. 152. King Alfrid who succeeded Egfrid in the Kingdom a Prince highly commended for hispiety learning and valour declared that it was against all reason to communicate with a man who had been twice condemned by English Councils notwithstanding any writing whatsoever from the Pope Nor were these things only sudden words but when the Pope had done all he could Wilfrid was not thereby restored or as Malmsburiensis expresseth it Malms de gest pont l. 1. init f. 111. Ib. f. 124. non tamen rem obtinuit After the Conquest it was declared by W. Rufus to be a custom of the Kingdom which had been established in the reign of his Father that no Pope should be appealed unto without the Kings Licence consuetudo regni mei est à patre meo instituta ut nullus praeter licentiam regis appelletur Papa Anselm Epist l. 3. Ep. 40. Paschali And Anselme acquainted the Pope that this King William the Second would not have the Bishop of Rome received or appealed unto in England without his command Nor would he allow Anselme then Archbishop of Canterbury to send Letters to him or receive any from him or to obey his Decrees He further tells the Pope that the generality of the Kingdom and even the Bishops of his own Province sided with the King and that when Anselme asked the Kings leave to go to Rome he was highly offended at this request and required that no such leave be afterward asked and that he appeal not to the Apostolical See and that when Anselme went to Rome without his leave he seised the Revenue of his Bishoprick M. Paris in Henr. 2. an 1164. And amongst the liberties and customs sworn to at the Parliament at Clarendon one was against appeales to Rome and receiving Decrees from thence 13. Ex lib. Assis Lord Cokes Reports in Cawdreys Case In the Reign of King Edward the First a subject of this Realm brought a Bull of Excommunication against another subject from Rome and this was adjudged Treason by the Common law of England and divers other instances are brought by Sir Edward Coke wherein the Excommunication and Absolution of the Pope or his Legate was declared null or invalid Pryn in Edw. 1. An. 20. p. 454. And much of the usurped power which the Pope here practised and claimed was rejected as a great grievance in the Statute of Provisors An. 25 Edw. 3. concerning his making provision for and collating to Dignities and Benefices against the method of free Elections and they who should apply themselves to Rome for this purpose became thereby liable to severe penalties And appeals to Rome in certain Cases and the procuring thereupon Processes Bulls and Excommunications from thence was by the Parliament in the Reign of King Richard the Second 16 Ric. 5. taxed and complained of as that which did apparently hinder the determining causes and the effectual execution of justice in England and tended to the destruction of the Kings Soveraignty Crown and Regalty And all those who should bring from Rome such Processes Excommunications Bulls or other Instruments both themselves and all their Fauthors were then by the Statute of Praemunire put out of the Kings Protection their Lands and Goods forfeited and their Bodies to be attached And this Statute continued in force and unrepealed as that former also notwithstanding all the endeavours of the Pope and his Adherents even an hundred and fifty years before the Protestant Reformation And this is sufficient to shew
the sole pretence of civil rights and secular interests that there may be a provision for this Case as well as for the former it will not be unmeet to accompany this Position of his with another which is much of like nature with it and equally peaceable And this is That all men ought to suffer each other without any disturbance or complaint to take and enjoy whatsoever goods persons and possessions they shall please to possess themselves of And if this principle with the former were entertained by all men as it never was nor can be there would then be no Wars nor contests in the World neither concerning matters of Religion nor any other rights And then we should have a quiet World but with little regard to Religion Righteousness Chastity and Vertue and without all Order Government and civil Societies the Earth being then over-grown with the height of Barbarism far surpassing the wildness of the Native Indians 9. No Peace can be from thence expected But against the former method here proposed for the procuring peace I shall observe further two things 1. That there are so many things necessary for the making this proposal practicable that even that may well make any man despair of its effect For first care must be taken that there be no such pious men in the World who will think that Gods honour ought to be maintained and the true Religion defended and secured by the authority of Governours and yet either the peaceable principle must be forsaken or else thereupon these men must enjoy the liberty of their opinion as well as others Secondly there must be security given that there shall be no such furious men in the World who will at any time vent notions in Religion which may tend to undermine authority and Government to make mens minds fierce and cruel or to evacuate obedience nor yet that there be any such eager and earnest men who will be forward to use what power they can gain for the establishing their own opinions Thirdly as this proposal can never become useful for peace until all men be brought to be of the opinion of the proposer which is as unlike as any thing can be so even then there must be some provision made that the practice of this proposal be not the ready way to hinder the effect thereof For the practice of this general liberty for all opinions in Religion doth according to common experience ordinarily beget instead of peace discords oppositions disturbances confusions and other ill effects which make all men of consideration see the hurt and danger of such licentious liberty and the necessity of Order and Government Fourthly And there must be no men so far Christians and conscientious as to acknowledge that there are any doctrines of Faith duties of Christian worship or institutions of Christ so necessary and sacred that the opposers or contemners of them ought to be checked and withstood And though he be so bold as to assert P. 68 69. that we ought not to teach that any errors in belief overthrow the hope of salvation and speaks of the hopeful estate of persons whatsoever doctrines they embrace P. 70 71. in the whole compass of Religions which large expressions must include those Jews who in our Saviours time asserted him to be a blasphemer and not the Christ yet thanks be to God there are many who will believe those words of our Lord to the Jews Job 8.24 If ye believe not that I am he ye shall die in your sins And from this and many other expressions in the Scripture of the great danger of unbelief will conclude that under the clear promulgation of the Gospel it is necessary to Salvation to believe that Jesus is the Christ and Saviour of the World and to profess and obey his doctrine 10. I observe 2. That the best way to promote the peace of the World Peace best promoted by uniform establishing true Religion and worship is by endeavouring that true Christianity in doctrine and practice be with one accord and with a spirit of Vnity embraced among men For first the nature of Christianity is such that so far as it really prevaileth it must be a strong bond of peace since it makes men tender of wronging any by word or deed and enjoins a necessity of making satisfaction for injuries a readiness to forgive enemies with a care of reverence fidelity and obedience to superiours and of gentleness humility patience and charity towards all men De duodeeim abus seculi cap. 7. On this account it was thought one of the great disorders amongst men that there should be Christianus contentiosus a Christian given to contention And though there are great miscarriages in this particular among many who profess this Religion but do not live according to it yet it is apparent that the spreading of Christianity in the World did greatly amend and reform it Eus de Dem. Evang l. 9. c. 17. De laud. Const p. 486 487. and as Eusebius long since noted did advantage the peace thereof and it will mightily promote this effect in all them who heartily practise it Secondly Vnity in Religion hath a natural force to excite friendliness whence even Jews Mahometans and all Sects are more kind to one another than to others and Philo accounteth concord in the worship of God Phil. de Charit p. 717. to be the greatest cement of love and Josephs Brethren thought it a considerable argument to engage his favour because they were the servants of the God of his Father Gen. 50.17 Thirdly The quiet of the World having chief dependance upon God it may be justly feared that where the care of true Religion is neglected the flourishing and peaceable state of Kingdoms should not long continue This was frequently observable in the times of the Judges and the Kings of Israel and Judah See Judg. 5.8.1 Kin. 11.4 Gild. de Exc. Brit. Mar. Par. an 1067. P. 5. 14 23. And remarkable decay of piety was observed to precede the two great Conquests of this Realm by Foreign Armies SECT II. Of some other rigid and dangerous principles against the supremacy of Princes 1. Of the rigid Presbyterians There are some of the rigid Presbyterians especially those of the Scotish way who though they allow the King some authority both in matters Ecclesiastical and over Ecclesiastical persons do yet in terminis reject the Kings being supreme Governour Sect. 2 Rutherf of Ch. Gov. Ch. 23. p. 508. Henderson's second Paper to the King in all causes Ecclesiastical and civil and withal do plainly misrepresent the sense thereof But that those of this way do in a dangerous manner oppose the just supremacy of Princes in things Ecclesiastical may be partly manifest from their general position That the institution of God hath so provided for all things pertaining to Religion that there is no room left for any appointments of order by the
Hypocrisy and dissembling with God to pray to him for the good of any person whose good and happiness is not really desired therefore the divine Precept to pray for Kings and the Christian practise answerable thereto was well urged as a sufficient evidence by Tertullian Apol. c. 31. to prove Christians to be true and real Friends and no Flatterers of Princes and Emperours wheresoever the true spirit of Christianity is embraced 7. Of obedience to the laws of our Governours Corol. 4. The chief and principal duty required is the practise of obedience to the laws of our superiours Even in lesser Societies a Father or Master whose authority is of an inferiour nature hath a power of commanding without which there can be no order in Families And it is the general acknowledgment of the World Arist Eth. l. 10. c. 9. Politic. l. 6. that the welfare of humane Society of which Government taketh care cannot be obtained without establishing laws and publick Rules and there is no Kingdom or Country in the World under any civil Government where laws have not been established and an authority to enjoin them acknowledged And obedience to such laws is plainly enjoined upon all Christians since they are obliged to be subject to the higher powers and to submit themselves to every ordinance of man But that this duty of obedience may be the better declared I shall take notice of three pretensions which are made use of for the undermining it Wherefore I shall observe 8. First That passive obedience as some call it or a submitting to penalties is in things which may lawfully be done no sufficient discharge of Conscience or performance of duty unto the laws of superiours The necessity of Active Obedience And here Active obedience only deserves the name of obedience and is necessary to be performed This is evident from these three things 1. From the general end and design of all Government which a true Christian subjection must comply with and this is to restrain disorders and evils and to promote what is good and useful in the World Now this end is obtained by the practising wholesome Rules but is not at all effected by the mere bearing penalties For by the suspending active obedience the order of the World would be turned into confusion since as Clemens Romanus urgeth in this Case As the serviceableness of an Army Cl. Rom. Ep. ad Cor. p. 49 50. dependeth much upon its being under Command and the usefulness of the members of our bodies appeareth from their being ready to perform the motions about which they are imployed so the good estate of the weal publick is procured by mens careful observing and attending to useful and profitable Rules and directions 2. From other parallel instances It is against the nature of Religion to imagine that wicked men and evil Angels who despise Gods laws and reject his Precepts are to be esteemed as blameless and Well-doers meerly because they bear the punishment and misery which God inflicts And surely no reasonable man can think that if a servant be idle careless and unfaithful by being only beaten for his fault without any amendment of his carriage he becomes thereby faithful and innocent or that if a Child be disobedient to his Parents and stubborn he hath sufficiently discharged all that duty which God or Man requireth from him by being corrected And the pretence of general performing obedience to Governours by bare submitting to penalties but neglecting in things lawful to practise what is enjoined is as opposite as these former instances to the Rules both of Reason and Religion 3. From the Sanction of punishment towards them who do evil and are disobedient For God who is so just that he will not condemn the righteous nor punish the innocent hath committed to Rulers the power of the sword to execute punishment on the disorderly and disobedient which he would never have done if the neglect of active obedience to laws which is the cause for which punishments are inflicted were not in it self a fault Prov. 20.2 But whoso provoketh him a King to anger sinneth against his own Soul 9. Secondly Nor are subjects disobliged from obeying the laws of their superiours by their entertaining doubts or scruples concerning the lawfulness of them But because what I have written elsewhere is sufficient for the proof of this I shall chiefly refer the Reader thither and shall only add 1. That if we consider doubts in themselves Doubts do not discharge from obedience since here is no certain evidence concerning the unlawfulness of the things commanded if these doubts and scruples proceed from a regular and uniform cautiousness of Conscience there is as much reason if not much more because of the plainness of the commands of obedience to scruple or doubt of the lawfulness of disobeying as of the lawfulness of obeying And so the consideration of doubts and scruples taken singly and alone can be no pretence against the performing obedience when even these very things ought to have as strong a force against the neglecting obedience 2. If we consider the duty and state of subjection it will thence appear that it was well asserted by S. Austin Cont. Faust l. 22. c. 75. that subjects may and ought to obey their Princes Commands where they are certain that what he Commands is not against the Command of God and even where they are not certain that it is so And indeed if an uncertain doubt did but make it safe not to perform obedience this would bring very great confusion and disorder into the World and would teach it the ready way which many would listen unto how children might safely disobey their Parents and servants their Masters as well as subjects their Governours But since next to the obeying God we owe obedience to our superiours even by the command of God no man can warrantably disobey them but where he knows he hath in that Case the Command or Authority of God to the contrary 10. Thirdly Whereas many persons are prone in general to account them who are least studious to comply with the authority of men though they be their Governours in matters of Religion to be men of the greatest Conscience and integrity who do not affect the things of this World nor aim at their own interest therein even this is a perfect misunderstanding and a gross mistake For 1. Since the due performance of obedience in things lawful is a duty Performing obedience is a part of integrity and good Conscience there is more integrity and good Conscience in the peaceable practising it than in the neglecting it This may receive greater clearness by comparing it with the parallel Case of obedience to Parents Now that person who shall forsake or disobey Father or Mother in a necessary Case of Religion acteth as one truly pious but he who will be disobedient to his Parents in things lawful is far from shewing himself
attempts is a stranger to the proceedings in England from 1640. till 1660. 8. If it should be supposed that the chief power of the Sword and of commanding the military force should be in the whole body of the people or the major part of them this must include the greatest inconvenience of all the other Now though this supposition amongst other things wherewith it is chargeable is impossible because the whole body of the people of a great and populous Kingdom cannot meet together or consult and advise with one another and therefore can give no commands yet in our late distracted times there were some who embraced this assertion Gangr Part. 1. p. 33. In England several Pamphlets from them who allowed the Parliament to have power to levy War against the King did declare that the Parliament having their power from the people the people might call them to an account And Mr Rutherford also allowed Ruth of Civil Poliâ—r Qu. 19. p. 152. they gave to Commissioners of Parliament when they abuse it and may resist them and denude them of their fiduciary power as the King may be denuded of that same power by the three Estates To such extravagant excesses have mens ungoverned heats and passions hurried them But this supposition is a foundation of confusion and is not consistent with the people having any Governours over them to command them and thereupon would lay aside Gods Ordinance of Rule and Government It is also so opposite to Peace that it is the direct way to put the multitude upon insurrections and would turn the World into a disorderly Wilderness And it is dangerous to the state of the World and to all good subjects both because it is unpeaceable and because there can be no security given that the major part of the body of a people who are easily imposed upon at some times shall not incline to any ill design as they evidently did in the instances of Corah and Absalom besides others nearer home and also because rash and ill actions when managed by the body of the people are so much the worse because they are usually attended with violence and fury like the over-flowing of Waters 9. Wherefore since there must some where be placed such a supreme power as hath the highest right to command the force of a Nation and by consequence none can command it or any part of it against that power this from what I have discoursed cannot with so much safety to the people of this Realm be fixed any where else as in the King according to the excellent constitution of our Laws and Government For as Royal Government is free from that heady disorder which attends popular motions so the rule of its exercise is those laws which are not established without the consent of the people Plat. in Politic vers fin Upon this account Plato when he had viewed the various species of Government declared that that which was best of all was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Monarchy coupled with Laws 10. 4. From the insufficiency of the pretended security against these evils Cons 4. If it were granted that people had power to take Armes but not in any other Case save in the highest oppressions and utmost extremities this restriction with respect to the Case would be of very little use for the Peace of the World and the avoiding the inconveniencies and mischiefs above expressed For the instances in the first Section and the experience of this Kingdom and many others testify how apt many people are to be decoyed into gross mistakes in this Case and to be abused and misled by fair speeches of discontented and aspiring men and to draw up such heavy charges against excellent Governours as to conclude their ruine and destruction to be designed where there is not the least intention for their hurt And besides that gross falshoods may easily pass with the credulous vulgar undetected it is an easy thing to perswade many of them Sect. 4 when the ill actions of any men living under the Government are mnanifested to account these to be the faults of the Rulers who did not prevent or restrain them whereas it is no doubt a great truth which was asserted by Bishop Saunderson Sanders de oblig Consc prael 10. n. 7. that in the best constituted Common-wealths there are Gravamina non pauca not a few things amiss which the utmnost care and industry of Rulers and the severity of the Laws is not sufficient wholly to prevent or cure SECT IV. The Plea that self-defence is enjoined by the Law of nature considered and of the end of Soveraign power with a representation of the petence that Soveraign Authority is in Rulers derived from the people and the inference thence deduced examined 1. Of self-defence and self-preservation It is certain that prudence and the Laws of God and Man oblige every man to take just and due care of his own preservation but yet there have been some who under the specious appearance of pleading for self-defence have run into strange exorbitances against the authority of Government It hath been said that self preservation is the first principle and prime law of nature and thence it must be inferred that its obligation is so great in all Cases that all other Laws of Nature and Equity must give place thereto And with respect to resisting a Soveraign Prince by Armes Of Civil Policy Qu. 9. p. 59. Mr Rutherford asserteth that no community can without sin alienate this power of self-defence But though he speaks of the community his argument must have as much force concerning any private person viz. that as man hath nopower from God to murther his Brother so hath he no power to suffer himself or his Brother to be murthered And the consequence of this must be that all men are bound to take Armes against their Soveraign who shall judge any person to be in danger of losing his life without just cause The strange positions of Lessius and Becanus in allowing the killing a King in self defence I have above produced and amongst the Romish Doctors who are very generally prone to embrace disloyal principles Dom. Soto de Justit Jur. l. 1. Qu. 1. Art 2. Q. 5. Art 3. Q. 6. Art 4. Dom. Soto in this particular is as exorbitant as any I have met with He in several places gives such a description of a Tyrant in the administration of Government as discontented persons may easily apply to the most worthy Prince that is that he makes Lawes and orders affairs for his own private and not the publick good Id. ibid. l. 5. qu. 1. Art 3. And he declares that such a person who hath a right title to govern may not be killed by a private person until a publick sentence be declared against him and then any man may be made the Executioner But then he adds Besides this if he forcibly set upon a free
of their duty in loyal obedience And indeed it would be an high reflexion on the Laws of our Realm if such things as these should be acknowledged to be matters of such a perplexed intricacy that honest and indifferent minds who stand obliged to the practice of peace and loyalty should not without consulting skillful Lawyers be able to understand the general rule of thier duty and to whom they ought to yield obedience and submission 12. Besides the words of this publick Declaration and acknowledgment against lawfulness of taking Armes which yet might be accounted sufficient in the Statutes in the time of King Edw. the third â—t Edw. 3.2 it is declared without allowance of any case or pretence to the contrary to be treason if any man do levy War against our Lord the King in his Realm or be adherent to the Kings enemies in his Realm giving them aid or comfort in the Realm or elsewhere 13 Car. 2.1 And since the restauration of his present Majesty it is also in general terms declared treason to levy War against the King within the Realm or without And to cut off all pretences either from the nature of the War as defensive only or from the authority of a Parliament or of the Lrods or commons we have in two several Statutes this Declaration 13 Car. 2.6 that both or either Houses of Parliament cannot nor lawfully may raise or levy any War offensive or defensive 14 Car. 2.3 against his Majesty his Heirs and lawful Successors In which Statutes also the sole supreme Command and Government of the Militia is declared by the Law of England ever to be the undoubted right of his Majesty and his Predecessors Kings and Queens of England 13. And from the Declaration and evidence of these Laws that Plea which hath been made from the Authority of Grotius becomes wholly void Grot. de J. B. P. l. 1. c. 4. n. 13. That learned man indeed did assert that if the supreme Government be part in the people or Senate and part in the King if the King invade what is not his right he may be opposed with just force because he hath not so far any Supremacy And this he thinks must take place though it be said that the power of War is in the King for that saith he is only to be understood of Foreign War when whosoever hath any pat in the supreme power cannot but have a right to defend that part But these words seem very strange and inconsiderate from so intelligent a person if they be intended as they seem to be concerning one simple and unmixt supremacy For to assert two capacities where each hath authority to make War with the other is not to found one only regular Government but to erect two distinct Governments each of which have a supreme power of judging and of execution Indeed in such a mixt and divided Government as is in the German Empire it is allowed by the Constitutions and Capitulations of the Empire that the several Principalities or rather the Princes and Governours thereof have a power of taking Armes if their rights be invaded by the Emperour but then these Princes in their own territories enjoy a right of peculiar Soveraignty But if the whole of this notion of Grotius be taken together it will according to his judgment conclude that the people of England Lords Commons or both jointly have no part in the supreme power because these publick Laws declare that they have no power of making so much as a defensive War against the King 14. And if we look into the Records of the former Ages we may thence discern that no Subjects whatsoever of this Realm had under any pretence an Authority to bear Armes against the King To which purpose it may be sufficient to consider the Conclusion of the Barons Wars in the latter end of the Reign of King Henry the Third Very many of the Peers and chief Barons of the Realm undertook to make War with the King under the Conduct of Simon de Montfort Earl of Leicester M. Par. An. 1264. whom M. Paris calls Baronum Capitaneum and after several Battels had been fought the Kings person was seized and taken at Lewis And not long after this Idem an 1265. the King Summons a Parliament at Winchester in which all those who acted under or with Simon de Montfort are disinherited Sir W. Raleigh Priv. of Parl. p. 31. which act of disinheriting is reported to have been confirmed in a following Parliament at Westminster But in order to the setling the State of the Realm upon more mild and gentle terms by agreement between the King and the Barons a Plenipotentiary Power was delegated and committed to twelve Peers that they might establish what they thought fit and convenient concerning them who thus stood disinherited 15. These twelve published their determination An. 51 H. 3. Dict. de Kenilw. c. 2. which had the force of a Law under the name of Dictum de Kenilworth In which it was concluded that they who had been engaged in Armes against the King unless the King had pardoned them should pay the revenue of their lands for five years And they who had no Lands were to give their own Oath and to find other Sureties for their peaceable behaviour and also make such satisfaction and undergo such pennance as the Church should appoint Ibid. c. 9. And that they who were Tenants should lose their right in their Farms C. 11. saving the right of their Lords And that they who by their perswasion did instigate any to fight against the King should forfeit the profit of their Lands for two years with many other provisions for particular Cases And they also determined that if any persons should refuse these terms which were proposed as a favourable mitigation of strict justice they should be de exhaeredatis C. 29. and have no power of recovering their Estates But some persons and particularly Simon de Montfort himself C. 21. was excluded from these terms of favour and left to the ordinary proceedings of justice in manus Regis Now those practises and enterprises which were so publickly censured condemned and punished by our Parliaments and proceedings of justice must needs be accounted by them unlawful actings 16. In the year following An. 52 Hen. 3. the Statute of Marlbridge mentions it St. Marlbridge c. 1. as a great and heavy mischief and evil that in the time of the late troubles in England many Peers and others refused to receive justice from the King and his Court as they ought to have done which is more expresly contained in the Original Latine than in the common English Translation justitiam indignati fuerint recipere per Dominum Regem curiam suam prout debuerunt consueverunt and did undertake to vindicate their own causes of themselves Now to declare that all Peers and all other persons ought to have
received justice only from the King and his Courts and not to revenge themselves or be Judges in their own Cases doth more especially condemn the entring into War it self which is an undertaking founded upon a direct contrary proceeding And thus far we have a sufficient censure in our English Laws upon that War against the King which those who have pleaded for the lawfulness of Subjects taking Arms do account the most plausible instance for their purpose which our Chronicles can furnish them with And it is needless to go about to prove that many other Conspiracies and Rebellions have been justly condemned and punished according to their demerit 17. And whereas unchristian and evil actions Some pretences shortly reflected on may oft be carried on under some fair colours and appearances all such pretences for taking Armes against the King are in this acknowledgment disclaimed the truth of which will be justified in the following Chapters And I shall here only shortly reflect upon some few of those pretences which are commonly made 18. Some have accounted the defence of Religion to be a sufficient Warrant for taking Armes But if the Christian Religion giveth a right to him who professeth it to defend himself and his profession against his Superiours by Armes then must not our Religion be a taking up the Cross but the Sword and it would then be perfectly unlike the Religion of the Primitive Christians and Martyrs and would be no longer a following of Christ our Lord and Saviour 19. Others have asserted the defaults and miscarriages of Superiours Jun. Brut. Vindic. Qu. 1. 3. to be a forfeiture of their Power and Dominion even as a tenure may be forfeited upon the non-performance of the conditions upon which it is held But though God may justly as a punishment of Offenders deprive them of what good they here possess he hath not made inferiours the Judges of their Superiours nor can any such forfeiture devolve on them And he who considers the great viciousness and cruelty of Saul of Tiberius and of Nero under whose Reigns the Holy Scripture presseth the duty of Allegiance will thence discern that the making such a pretence as this is contrary to true Religion and Christianity 20. By many the defending of the rights freedoms and liberties of the Subject hath been esteemed the most specious pretence of all the rest But whereas there are other better wayes to preserve these rights which are most violated by Wars and intestine Tumults and Broils it cannot easily be thought probable that he may be a judge and avenger of his own cause by force against his superiour who may not be so against his equal And since the tenderness of Davids Conscience was such that notwithstanding the many undeserved injuries he sustained he durst not stretch out his hand against the Lords anointed and Peters drawing his Sword to defend his Master was severely rebuked of which things more hereafter the management of this objection must proceed from a Spirit contrary to that of pious David and to the doctrine also of our Lord and Master SECT III. Of the traiterous Position of taking Arms by the Kings Authority against his person or against those who are commissionated by him 1. The other clause in the forementioned Declaration or acknowledgment is intended against another particular pretence of taking Armes and is this That I do abhor that traiterous Position of taking Armes by his the Kings authority Sect. 3 against his person or against those that are Commissionated by him The Position or assertion here rejected is thus expressed in the Oath to be taken by the Lord Lieutenants and Souldiers 14 Car. 2.3 That Arms may be taken by the Kings Authority viz. though the King never own them or give any Commission for them yea though they be against his own person or against those which are Commissionated by him And this Position Taking Arms by the Kings Authority against his person disclaimed exposing the sacred person of the King to the highest danger and being against the safety of his Life and Crown is justly declared to be traiterous and it standeth chargeable with these enormities 2. First It is so unreasonable as to be against the common sense of Mankind Would it not look strange and be accounted a prodigious thing to see a Company of Children or Servants beat and abuse the person of their Father or Master dispossess him by violence and possibly at last to confine and murder him and yet to expect that all men should believe they did this for the preservation of his Right and Government and in obedience to his Authority yea though he plainly declared and protested against these things as being heinously injurious and unnatural And it is no less unaccountable to pretend the Kings Authority Judic Univers Oxon de foedere p. 66. for taking Armes against his person This is as it hath been expressed a like contradiction in sense reason and polity as Transubstantiation is in Religion both which must suppose such a presence as is impossible to be there and is contrary to the plainest evidence This pretence of the Kings Authority against his person was hatched under the Romish Territories and made use of in the Holy League of France In the Guisian attempts against Henry the Third Hist of Civil Wars of France l. 5. an 1588. it hath been related as a matter of wonder to the common sense of men that they should besiege the Loure where the King was and yet this should pass under the disguise of obeying the King and defending the King and Country That the name of the King doth denote the royal person who governeth is the general apprehension of Mankind And it is vainly pretended that all the proceedings of justice being always in the Kings name and by his Authority when many of them are not particularly known to his person must require the forming such a legal Idea or Notion of the King as is distinct from his person but this supposeth the Soveraign Authority to be in his Royal person under whom and from whom other Ministers of Justice do execute their several Offices As when any man intrusts another to manage any part of his business and affairs in his name and by his Authority this doth not make the man who commits the trust to become an Idea or Notion distinct from himself or his person 3. Secondly This strained perverting of plain sense in this particular is not only against the security of the King but may upon the same foundation become fatal to the lives of the subjects Manual concerning some priviledges of Parl. p. 16 17 and p. 60. For whereas some who managed this conceit did assert in plain words that even the Statutes which condemned treason against the King had respect to the King in this Novel Idea as intending thereby the Laws and the Kings Courts of Justice it is easy to discern that any subjects who