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A61839 Episcopacy (as established by law in England) not prejudicial to regal power a treatise written in the time of the Long Parliament, by the special command of the late King / and now published by ... Robert Sanderson ... Sanderson, Robert, 1587-1663. 1661 (1661) Wing S599; ESTC R1745 38,560 153

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upon it by some necessity of the times or induced for just reasons of expediency so to do XL. But then Secondly as that Reason relateth to the present business in particular the Scandal thereby given is yet greater For we are to know that when King Henry the Eighth abolished the Papal Power resuming in his own hand the ancient rights of the Crown which the Bishops of Rome had unjustly usurped he took upon himselfe also that title which he then found used by the Bishops of Rome but which none of his Progenitors the Kings of this Realm had ever used of being the Supream head of the Church within his Dominions This title continued during the Reign of his son King Edward the Sixth by whom the Statute aforesaid was made and is mentioned in that very Statute Now albeit by that title or appellation was not intended any other thing then that Supremacy Ecclesiastical which the Kings of this Land have and of right ought to have in the governance of their Realms over all persons and in all causes Ecclesiastical as well as other and which is in the Oath of Supremacy ackowledged to belong unto them yet the Papists took Scandal at the novelty thereof and glad of such an occasion made their advantage of it to bring a reproach upon our Religion as if the Protestants of England were of opinion that all Spiritual Power did belong unto the King and that the Bishops and Ministers of England had their whole power of Preaching administring the Sacraments Ordaining Excommunicating c. solely and originally from the King as the members of the body live by the influence which the Head hath into them Upon their clamours that title of Supream head and governour was taken into farther consideration in the beginning of Queen Elizabeths Raign And although that style in the true meaning thereof was innocent and defensible enough yet for the avoiding of Scandal and Cavil it was judged more expedient that the word Head should thenceforth be laid aside and the style run only Supream Governour as we see it is in the Oath of Supremacy and otherwhere ever since without mentioning the word Head according to the intimations given in the Queens Injunctions and elswhere in that behalfe And it seemeth to me very probable that for the same reason especially besides those other reasons already given it was thought fitter by Her then and by her successours hitherto that the Bishops in all their Ecclesiastical Courts and proceedings should act in their own names as formerly they had done then that the Statute of King Edward should be revived for doing it in the Kings name For the sending out processes c. in order to Excommunication and other Church-censures in the Kings name would have served marvellously to give colour and consequently strength in the apprehension at least of weaker judgements to that calumny wherewith the Papists usually asperse our Religion as if the Kings of England took themselves to be proper and competent Iudges of Censures meerly spiritual in their own persons and the Prelates accordingly did acknowledge them so to be Thus have I shewen to the satisfaction I hope of the ingenuous and unprejudiced Reader that Episcopacy is no such dangerous creature either in the Opinion or Practice as some would make the world believe it is but that the Kings Crown may stand fast enough upon his head and flourish in its full verdure without plucking away or displacing the least flower in it notwithstanding Episcopacy should be allowed to be of Divine Right in the highest sence and the Bishops still permitted to make their Processes in their own names and not in the Kings By this time I doubt not all that are not willfully blind for who so blind as he that will not see do see and understand by sad experience that it had been far better both with King and Kingdome then now it is or without Gods extraordinary mercy is like to be in haste if the enemies of Episcopacy had meant no worse to the King and his Crown then the Bishops and those that favoured them did A POST-SCRIPT to the Reader WHereas in my Answer to the former of the two Objections in the foregoing Treatise I have not any where made any clear discovery what my own particular judgement is concerning the Jus divinum of EPISCOPACY in the stricter sense either in the Affirmative or Negative and for want of so doing may perhaps be censured by some to have walked but haltingly or at least wise with more caution and mincing then became me to do in a business of that nature I do hereby declare 1. That to avoid the starting of more Questions then needs must I then thought it fitter and am of the same opinion still to decline that Question then to determine it either way such determination being clearly of no moment at all to my purpose and for the solving of that Objection 2. That nevertheless leaving other men to the liberty of their own judgements my opinion is that EPISCOPAL GOVERNMENT is not to be derived meerly from Apostolical Practise or Institution but that it is originally founded in the Person and Office of the Messias our blessed Lord JESUS CHRIST Who being sent by his Heavenly Father to be the great Apostle HEB. III. 1. Bishop and Pastor 1 PET. II. 25. of his Church and anointed to that Office immediately after his Baptisme by JOHN with power and the Holy Ghost ACT. X. 37-8 descending then upon him in a bodily shape LUK. III. 22. did afterwards before his Ascension into Heaven send and impower his holy Apostles giving them the Holy Ghost likewise as his Father had given him in like manner as his Father had before sent him JOH XX. 21. to execute the same Apostolical Episcopal and Pastoral Office for the ordering and governing of his Church until his coming again and so the same Office to continue in them and their Successours unto the end of the world MAT. XXVIII 18 20. This I take to be so clear from these and other like Texts of Scripture that if they shall be diligently compared together both between themselves and with the following practise of all the Churches of Christ as well in the Apostles times as in the Purest and Primitive times nearest thereunto there will be left little cause why any man should doubt thereof 3. That in my Answer to the later Objection I made no use at all nor indeed could do of the Opinion of the Reverend Judges in that point nor of his Majesties Proclamation grounded thereupon For although the Proclamation had been extant Ten years before this task was imposed upon me yet I had never seen nor so much as heard of the same in all the time before nor yet in all the time since till about ten dayes ago I was advertised thereof when these Papers were then going to the Press Which since they give so much strength to the main Cause and so fully avoid the Objection I have followed the advise of some friends and caused them to be printed here withal FINIS See Stat. 25. H. 8. 20 1. Edw. 6. 2. Cok. 1. Instit. 2. Sect. 648. Stat. for the Clergy 14. ● 3. cap. 3.
firmiter inhibendo quod sicut Baronias suas quas de Rege tenent diligunt nullo modo praesumant concilium tenere de aliquibus quae ad Coronam pertinent vel quae personam Regis vel Statum suum vel Statum concilii sui contingunt scituri pro certo quod si fecerint Rex inde capiet se ad Baronias suas c. By which Record together with other the premisses it may appear that the Kings by their Ancient right of Prerogative had sundry wayes power over the Bishops whereby to keep them in obedience and to secure their Supremacy from all peril of being prejudiced by the exercise of Episcopal Iurisdiction XXXV Yet in order to the utter abolishing of the Papal usurpations and of all pretended forraign power whatsoever in matters Ecclesiastical within these Realms divers Statutes have been made in the Raign of King Henry the Eighth and since for the further declaring and confirming of the Kings Supremacy Ecclesiastical Wherein the acknowledgement of that Supremacy is either so expresly contained or so abundantly provided for as that there can be no fear it should suffer for lack of further acknowledgement to be made by the Bishops in the style of their Courts Amongst other First by Statute made 25. H. 8. 19. upon the submission and petition of the Clergy it was enacted that no Canons or Constitutions should be made by the Clergy in their Convocation without the Kings licence first had in that behalfe and his royal assent after and likewise that no Canon c. should be put in execution within the Realm that should be contrariant or repugnant to the Kings Prerogative Royal or the Customes Lawes or Statutes of the Realm Then Secondly by the Statute of 1. Eliz. cap. 1. all such Ecclesiastical Iurisdictions Priviledges Superiorities and Pre-eminences as had been exercised or used or might be lawfully exercised or used by any Ecclesiastical power or authority was declared to be for ever united and annexed to the Imperial Crown of this Realm And Thirdly it was also in the same Statute provided that the Oath of Supremacy wherein there is contained as full an acknowledgement of the Kings Ecclesiastical Suprenacy as the wit of man can devise should be taken by every Archbishop and Bishop c. which hath been ever since duely and accordingly performed XXXVI Lastly from receiving any prejudice by the Bishops and their Iurisdiction the Regal power is yet farther secured by the subordination of the Ecclesiastical Laws and Courts to the Common Law of England and to the Kings own immediate Courts For although the Ecclesiastical Laws be allowed by the Laws of this Realm and the proceedings in the Ecclesiastical Courts be by the way of the Civil and not of the Common Law yet are those Laws and proceedings allowed with this limitation and condition that nothing be done against the Common Law whereof the Kings prerogative is a principal part nor against the Statutes and Customes of the Realm And therefore the Law alloweth Appeales to be made from the Ecclesiastical Courts to the King in Chancery and in sundry cases where a cause dependeth before a Spiritual Iudge the Kings prohibition lyeth to remove it into one of his Temporal Courts XXXVII Having so many several ties upon the Bishops to secure themselves and their Regal authority from all danger that might arise from the abuse of the Ecclesiastical Power and Iurisdiction exercised by the Bishops in their Courts by the ancient prerogative of their Crown by the provisions of so many Statutes and Oaths by the remedy of the Common Law the Kings of England had no cause to be so needlesly cautelous as to be afraid of a meere formality the Style of a Court. Especially considering the importance of the two Reasons expressed in the Statute of King Edward as the onely grounds of altering that Style not to be such as would countervaile the Inconvenience and Scandal that might ensue thereupon XXXVIII For whereas it was then thought convenient to change the Style used in the Ecclesiastical Courts because it was contrary to the form used in the Common-Law-Courts within this Realm which is one of the Reasons in the said Statute expressed it might very well upon further consideration be afterwards thought more convenient for the like reason to retain the accustomed Style because otherwise the forme of the Ecclesiastical Courts would be contrary to the form of other Civil-Law-Courts within the Realm as the Admiralty and Earle-Marshals Court and of other Courts of the Kings grant made unto Corporations with either of which the Ecclesiastical Courts had a nearer affinity then with the Kings Courts of Record or other his own immediate Courts of Common Law Nor doth there yet appear any valuable reason of difference why Inconformity to the Common Law-Courts should be thought a sufficient ground for the altering of the forms used in the Ecclesiastical Courts and yet the like forms used in the Admiralty in the Earle-Marshals Court in Courts Baron in Corporation-Courts c. should notwithstanding the same inconformity continue as they had been formerly accustomed without alteration XXXIX If any shall alledge as some reason of such difference the other Reason given in the said Statute viz. that the form and manner used by the Bishops was such as was used in the time of the usurped power of the Bishop of Rome besides that therein is no difference at all for the like forms in those other aforesaid Courts were also in use in the same time there is further given thereby great occasion of Scandal to those of the Church of Rome And that two wayes First as it is made a Reason at all and Secondly as it is applyed to the particular now in hand First whereas the Papists unjustly charge the Protestant Churches with Schism for departing from their Communion it could not but be a great Scandal to them to confirm them in that their uncharitable opinion of us if we should utterly condemn any thing as unlawful or but even forbid the use of it as inexpedient upon this onely grouud or consideration that the same had been used in the times of Popery or that it had been abused by the Papists And truly the Puritanes have by this very means given a wonderful Scandal and advantage to our Adversaries which they ought to acknowledge and repent of when transported with an indiscreet zeal they have cryed down sundry harmeless Ceremonies and customes as superstitious and Antichristian onely for this that Papists use them Whereas godly and regular Protestants think it agreeable to Christian liberty charity and prudence that in appointing Ceremonies retaining ancient Customes and the use of all other indifferent things such course be held as that their moderation might be known to all men and that it might appear to their very Adversaries that wherein they did receed from them or any thing practised by them they were not thereunto carried by a Spirit of contradiction but either cast