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A06555 The English iarreĀ· or disagreement amongst the ministers of great Brittaine, concerning the Kinges supremacy. VVritten in Latin by the Reuerend Father, F. Martinus Becanus of the Society of Iesus, and professour in diuinity. And translated into English by I.W. P.; Dissidium Anglicarum de primatu Regis. English Becanus, Martinus, 1563-1624.; Wilson, John, ca. 1575-ca. 1645? 1612 (1612) STC 1702; ESTC S121050 28,588 66

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them to Idolatry Shall they then obay these Princes commaund ●ut then should they do against their Consciences Shall they refuse to obay Then farewell Primacy of the Church Perhaps they will answere that they will obay when they thinke good Shall therfore subiects be Iudges of their Kings May then the Catholickes in England say after this manner If it pl●ase your Maiesty in this point we thinke good to obay your Maiestyes commaund but in that not XIII Question VVhether the King may constraine his Subiects to take the Oath of Prmacy or no 1. HITHERTO haue we treated of the Iarring disagreement of our Aduersaries abou● the nature offices origen of the King● Primacy Now there remaineth a certaine practicall question which toucheth the Consciēce to the quicke to wit whether the King may constraine or force his Subiects to sweare that they acknowledge his Kingly Primacy wherof we haue spoken before Or whether they will acknowledg the King as Primate and supreme Head of the Church of ●ngland vnto whome as vnto their Primate supreme Head they will promise fidelity no lesse in Ecclesiasticall and Spirituall matters then in Politicke and temporall This question hath two points The first whether the King of England doth de facto exact or hath at any time exacted such an Oath of his subiects The other is whether his subiects are bound in conscience to take such an Oath if the King should exact the same Of both these points seuerally I meane to speake a word or two The first Point 2. The first point then is Whether the King of England doth exact or at any tyme hath exacted such an Oath of his subiects It is manifest that K. Henry the 8. did For so wryteth Doctor Sanders in his booke of the Schisme of England Laurentius Cocchus Prior Coenobij Dancastrensis vnà cum tribus Monachis duobus laicis Aegidio Horno Clemente Philpotto quòd nollent Ecclesiasticum terreni Regis Primatum iuratò confiteri exclusi è terris ad caelestem aeterni Regis gloriam transmissi sunt Laurence Coch Prior of the Monasterie of Dancaster togeather with three Monkes and two Laymen Giles Horne and Clement Philpot for that they would not sweare to the Ecclesiasticall Primacy of a temporall King being excluded from earth were transl●ted to a celestiall glory of the eternall King c. And then againe Proponebantur eis noua Comitiorum Decreta iubebantur iureiurando affirmare Regem Ecclesiae supremum esse Ca●ut The new decrees of the Parlament were propounded vnto them they were commaunded to sweare the King to be supreme Head of the Church c. 3. Now that Queene ●lizabeth the danghter followed heerin her Father K. Henry it is manifest by the forme of Oath that she exacted of her subiects which is this ●go A. B prorsus testificor declaro in conscientia mea Reginam ●sse solam supremam Gubernatricem istius Regni Angliae aliorū omnium suae Maiestatis dominiorum regionum non minùs in omnibus spiritualibus atque Ecclesiasticis rebus vel causis quàm temporalibus Et quòd nemo externus Princeps Persona Praelatus Status vel Potentatus aut facto aut iure habet aliquam iurisdiction●m potestatem superioritatem praeeminentiam vel authoritat●m ●cclesiasticam aut spiritualem in hoc Regno Ideoque planè renuntio repudio omnes forinsecas iurisdictiones potestates superioritates atque authoritates c. I A. B. do verily testify and declare in my conscience that the Queene is the only supreme Gouernesse aswell of this Kingdome of England as of all other her Maiesties dominions and count●eys aswell in all spirituall and Ecclesiasticall matters and causes as in temporall And that no forrayne Prince Person Prelate State or Potentate hath eyther by fact or right any Iurisdiction power superiority preheminence or authority Ecclesiasticall or spirituall in this Kingdome And therfore I do vtterly renounce and abandone all forrayne Iurisdictions powers superiorities and authorityes c. 4. The very same also doth now King Iames who byndeth his subiects not with one Oath alone but with two to wit of Supremacy and Allegiance The former Oath of Supremacy beginneth thus Ego A. B. palàm testor ex conscientia mea declaro quod Maiestas Regia● vnicus est supremus Gubernator huius Regni omniumque aliorum suae Maiestatis dominiorum territoriorum tam in omnibus spiritualibus siue Ecclesiasticis rebus causis quàm in temporalibus Et quòd nullus extraneus Princeps Persona Praelatus Status aut Potentatus habet aut habere debet vllam iurisdictionem potestatem superioritatem praeeminentiā vel authoritatem Ecclesiasticam siue spiritualem intra hoc Regnum c. I A. B. do publikely testify and in my conscience declare that the Kings Maiesty is the only supreme Gouernour of this Kingdome and of all other his Maiesties dominions and territories as well in all matters and causes spirituall or Ecclesiasticall as in temporall And that no forraine Prince Person Prelate State or Potentate hath or ought to haue any Iurisdiction power superiority preheminence or authority Ecclesiasticall or spirituall within this Kingdome c. The later Oath called of Allegiance beginneth thus Ego A. B. verè sincerè agnosco profiteor testificor declaro in conscientia mea coram Deo Mundo qùod supremus Dominus noster Rex Iacobus c. I A. B. do truly and sincerely acknowledg professe and testify in my conscience before God and the world that our Soueraigne Lord King Iames c. 5. Bo●h these Oathes are set downe at large in his Maiesties Apology and in both of them his subiects are required publickely and openly to professe acknowledge● that King Iames is the supreme Gouernour and Lord of all England not only in politicke and temporall matters but in spirituall and Ecclesiasticall also And that neither the Pope nor any other forrayner hath any power or Iurisdiction in or ouer the Church of ●ngland Againe the former of these Oathes was brought in by King Henry the 8. as his Maiesty confesseth in his Apology in these words Sub Henrico octauo primùm introductum est Iuramentum Primatus sub eo●ue Thomas Morus Rof●ensis supplico af●●cti idque partim ob eam causam quòd Iuram●ntum illud recusarent Ab eo deinceps omnes mei Praedecessores quotquot sunt hanc Religionem amplexi idem sibi aut non multò secus asseruerunt c. The Oath of Primacy was first brought in vnder K. Henry the 8. vnder whome Syr Thomas More and the Bishop of Roc●ester were beheaded and that partly because they refused that Oath From him all my Predecessours downward as many as haue imbraced this Religion did retayne the same Oath or not much different vnto themselues c. Now the later Oath was inuented by K. Iames himselfe The second Poynt 6. The Question then is whether all
disputed of The first is of assembling or calling togeather of Synods The second of enacting of Ecclesiasticall lawes The third of cōferring or bestowing of benefices The fourth of creating deposing of Bishops The fifth is about Excommunication The sixt and last is about the decision and determining of Controuersies The question then is whether these offices belong to the Kings Primacy I will speake a word of ech in order 2. First it may be demaunded whether the King by vertue of his Primacy may of his owne authority call or assemble togeather Synods and therin sit as chiefe and head This was certainly persuaded that it might be done in the tyme of King Henry K. Edward and Queene Elizabeth but now vnder King Iames the matter is called into question M. Salclebridge pag. 121. affirmeth that he can do it in these words Christiani Principes in Regnis suis cum laude propria auctoritate Synodos conuocarunt Constitutiones condiderūt causas audierunt cognouerunt Christian Princes haue with great praise assembled Synods by their owne authority in their Kingdomes haue made Constitu●ions heard and examined causes c. And againe pag. 146. Rex Angliae potest Synodos indi●●re omnium Ordinum Oecumeni●as in ijsdem praesidere The King of ●ngland saith he may as●emb●e Generall Councells of all Orders or degrees and therin sit as President or Chiefe c. And pag. 155. he saith in like manner Reges Angliae suprema sua authoritate de iure Synodos conuocarunt The Kings of ●ngland haue by th●ir owne supreme authority and by ●●ght ass●mbled Synods c. 3 Now M To●ker in this poynt is very variable one while contradicting himselfe another while others And this is manifest out of the diuers testimonies he produceth The first is pag. 37. where he hath these words A quibus magis aequum est indici Concilia● quàm ab illis● penes quos semper ●uit authoritas ●a congregandi Cùm autem communit●r triplex pon● soleat Concilium Generale Prouinciale Dioec●sanum Concilium G●n●rale solius Papae iussu celebrari vultis sed neque illud nisi ab Imp●ratoribus Regibus simul consentient●bus hodie indici debet Prouinciale à Metropolita●o cum suis Suffragancis Dioecesanum ab Episcopo cum Curatis● R●ctoribus Clericis Dioeceseos c. By whome is it more fit that Councells should be assembled then by those in whose power hath alwayes authority byn to call them togeather For wheras commonly there be 3. sortes of Councells Generall Proui●ciall of a particuler Diocesse the Generall Councell you will haue to be celebrated only by commandment of the Pope but yet not so neyther now a dayes vnlesse Emperors Kings do agree therunto also A Prouinciall Coun●ell is to be assembled by the Metropolitan and his Su●fragans th●t of the Diocesse by the Bishop therof togea●her with the Curates Recto●s and Clarkes of ●he same Bishopricke c. Out of which testimony we may gat●er that the K. of England cannot assemble a Councell of his owne authority Not a gene●all because that belongeth to the common consent of Kings and Emperours Not a Prouinciall because that pertayneth to the Metropolitan Not of the D●ocesse because that belongeth to the Bishop therof What then I pray you is left vnto the King 4. Another testimony heerof is out of the same M. ●ooker pag. 41. in these wor●s Abundè liquet ex Cōcilijs ipsis historia Ecclesiastica ●r●uincial●a Concilia Nationalia ab Imperatoribus a● Regibus fuisse congregata It is aboūdantly manifest out of the Coū●els themselues and the Ecclesiasticall Historyes that Prouinciall and Nationall Councels haue byn assembled by Emperours and Kings c. This now is plainely repugnant to his former testimony For there he affirmeth that Prouinciall Councells are to be assembled by the Metropolitans therof heere he saith ●hat they must be assembled by Kings and Emperours There is distinguished o●ly a threefould Councell● to wit Generall Prouinciall● ● and that of the Diocesse heere now is added a four●h to wit Nationall 5. His third testimony is set downe pag. 42. where he propo●eth this question Quo igitur iure tantam sibi potestat●m arrogat Pontif●x solus Num diuino ●y what right then I pray you doth the Pope challenge vnto himselfe alone so great power Doth he do it by diuine right c. And a little after he addeth Erat Apostolorum omnium non vnius tant●mmodo indicere Concilium statuere cum verborum solennitate Visum est Spiritui sancto Nobis c. It belonged to all the Apos●les not to one alone to assemble a Councell and with solemnity of words to ordaine It seemes good vnto the Holy Ghost and Vs c. As if he would say That as by diuine right not S. Pet●r alone but all the Apostles togeather with equall power did assemble the fi●st Coūcell at Ierusalem therin decreed that law about eating of bloud and strangled meates so in like manner by diuine right not the Pope alone but all Bishops with equall power must assemble Councells and decree Ecclesiasticall lawes Surely if it be so then without doubt it followes that the power to call or assemble Councells doth not belong by the law of God to secular Kings and Princes but to the Apostles and their success●urs c. 6. His fourth testimony is pag. 63. where he saith Mixtum aut●m ius r●suit●ns ●x vt●oque iure Regio Episcopali est Legum sanctio Synodorum indictio praes●dendi in ijs praer●gatiu● controu●rs●arū decisio aliorumque actuum qui his finitimi sunt ex●rcitium quae f●rè ab origine Prima●us R●gij desc●ndunt communicantur Sac●r●oti●u c The decreing or enacting of Lawes the assembling of Synodes Prerogatiue of ●it●ing therin as chiefe or head as also the exercise of all other offices in this kind is a certaine mixt Right proceeding from both Kingly and Episcopall power which things do in a manner come downe or descend from the origen of the Kings Primacy and are communicated or in parted vnto Priests c. This now againe as you see is contrary to that which he said next before For there he will needs haue the assembly of Synods or Councels to belong by diuine right to the Apostles heere forsooth he will haue the same chiefely to belong to Kinges and from them to be deriued vnto Bishops These things do not agree one with another VII Question VVhether the King can enact Ecclesiasticall Lawes or no 1. IT is cleere that K. Henry the 8. did aswell by himselfe as by his Vicar Generall Cromwell enact Ecclesiasticall Lawes For so saith Doctor Sanders in his booke of the Schisme of England His di●bus vigilantissimus hic Ecclesiae Pastor Henri●us quo in posterum sciretur quae cui rite nupta esset legem ediderat perpetuam de Nuptijs Comitior●m etiam auctoritate ●onfirmatam qua