The best Fence against Popery OR A VINDICATION OF THE Power of the KING IN Ecclesiastical Affairs Being an ANSWER to the PAPISTS Objections against the Oath of Supremacy To which is added Queen Elizabeth's Admonition declaring the Sense of the said Oath and King James's Vindication of the Oath of Allegiance By a Learned Divine London Printed for J. Robinson in St. Paul's Church-Yard and S. Crouch in Cornhill THE LAWFULNES OF THE Oath of Supremacy c. THE Supremacy of the Kings of England being eclipsed by the Bishop of Rome in both parts of it the State thought fit to enjoin a Provision of equal extension In relation to the Civil Rights of the Crown is the Oath of Allegiance and against the Encroachments upon the Ecclesiastical this of the Supremacy which being first enjoined containeth in a manner both This Oath hath given the Papists such a Blow as they could not but strike again and have poured out a Flood of Arguments and Absurdities against submitting to it which hath been a long time scattered and stick in the Minds of divers of his Majesty's Loyal Subjects who tho otherwise well affected yet by reason of some Doubts and Tenderness are at a stand to this day and scruple the taking of this Oath For whose satisfaction and clearing the Lawfulness of this Supremacy is the ensuing Discourse CHAP. I. §. 1 The Oath it self as now enjoined §. 2 The Occasion of this Oath §. 3 Various Forms of it and Alterations about it §. 4 Interpretations given of it in our Laws and Writers of Note §. 5 The Nature of our Assent and Stipulation The Oath of Supremacy I A.B. do utterly testify and declare in my Conscience that the King's Highness is the only Supreme Governor of this Realm and of all other his Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal And that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Foreign Iurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the King's Highness his Heirs and lawful Successors and to my power shall assist and defend all Iurisdictions Privileges Preeminences and Authorities granted or belonging to the King's Highness his Heirs and Successors as united and annexed to the Imperial Crown of this Realm §2 For many Years there hath been a Contest about Jurisdiction and Supremacy in Ecclesiastical Matters between the Bishop of Rome and the Kings of England who hath got ground herein according as our Princes were found more weak necessitous or devoted to his Holiness Rome was not built in a Day By William the Conqueror Legates from the Pope to hear and determine Ecclesiastical Causes were admitted Henry the First after much Contest yields to the Pope the Patronages and Donations of Bishopricks and all other Ecclesiastical Benefices it being decreed at Rome that no Lay-Person should give any Ecclesiastical Charge King Stephen grants that Appeals be made to the Court of Rome In Henry the Second's Days the Pope gets the Clergy and Spiritual Persons exempted from Secular Powers The Bishop of Rome is now over all Ecclesiastical Persons and Causes even in these Dominions Supreme Head And having upon the matter made Conquest over more than half the Kingdom in the Times of King John and Henry the Third sets on for the whole and obtains of King John an absolute Surrender of England and Ireland unto his Holiness which were granted back again by him to the King to hold of the Church of Rome in Fee-farm and Vassalage Being now absolute and immediate Lord over all be endeavours to convert the Profits of both Kingdoms to his own Use so that Prince and People were hereby reduced to very great Poverty and Servitude Such Ruine being brought upon both Kingdoms by this Device and Engine the Claim and Exercise of Ecclesiastical Jurisdiction over Persons and Causes by a Foreign Power the Nation was awakened both King Lords and Commons yea the Spiritual Lords themselves to join with more Vigor against this Foreign Usurpation To this purpose severe Laws were made in the Time of Edw. 1st 2d 3d. Richard the 2d and Hen. the 4th Notwithstanding these Laws and some formerly as the Constitutions of Clarendon by Hen. 2. partly by Sufferance and partly by Negligence the whole Nation being Catholick and held under a devotional Slavery there was no thorow or successful Contest against these Oppressions They remained unto and were complained of in Henry the Eighth's Days as of Appeals to Rome in Causes of Matrimony Divorce Tithes c. to the great Inquietation Vexation and Trouble Costs and Charges of the King's Highness and many of his Subjects 24 Hen. 8. cap. 12. In a further Complaint Anno 25 cap. 21. it is declared how that the Subjects of this Realm have been greatly decay'd and impoverished by intolerable Exactions of great Sums of Money claimed and taken out of this Realm by the Bishop of Rome as well in Pensions Censes Peter-Pence Procurations Provisions Delegacies Rescripts in Causes of Contention and Appeals as also for Dispensations Licenses Faculties c. who assumed a Power to dispense with all humane Laws Vses and Customs of all Realms And many the like Complaints were made to King Henry by his Parliament at several times as it appears in the Statutes of that Age In which Statutes as in that of the 24th of Hen. 8. c. 12. 25. c. 21. 26. c. 1 3. Anno 28. c. 1 7 10 16 and 35 c. 1. you have the whole Fabrick of Romish Usurpation laid level and all Ecclesiastical Power reduced within his Majesty's Dominions and placed in the Arch Bishop and other Ecclesiastical Persons under him by firm and severe Laws This being done the King is petitioned by his Lords and Commons That for further Corroboration of those Acts and utterly to exclude the long usurped Power Authority and Jurisdiction of the Bishop of Rome that an OATH containing the Substance and Effect of those Statutes be limited and tendred to his Subjects This Parcel of Sacred Worship an Oath is indulged to Mankind in Civil Affairs Such is the Falseness Unrighteousness and Uncertainty of Men as that human Societies could hardly subsist without it The Lord to repair our Credit hath formed Mens Hearts generally to a great and apparent Religion and Reverence of this Ordinance The Heathens themselves termed it Sacramentum as if the most eminent or only Thing Sacred and religiously to be observed It is so effectual a Means to establish a Reformation as Men will be kept firm by Oaths saith one Liv. Hist tho there were neither Laws nor Magistrates We are exposed to more Variety and Changes from Vnsteadiness in the Mind than from any thing that is without us Fix the
the Pope but a Power or Prerogative justly and rightfully belonging to him claimed and exercised by his Predecessors some hundreds of Years before his Time being anciently annexed to the Crown 2. In the latter part of the Article it is also evident For tho a Power in spiritual Causes be given to a Secular Prince yet it is not a spiritual Power and such a Jurisdiction as the Pope claims but such a Power only and in such a way as is put forth and exercised in ordinary Civil Affairs and the same in respect both to Ecclesiastical and Temporal Persons namely a restraining with the Civil Sword the Stubborn and Evil-doers So to restrain or coerce is an Authority or Jurisdiction peculiar to Civil Magistrates and by Christ himself denied to the highest Ecclesiastical Powers Ye know saith Christ Mat. 20,25,26 the Princes of the Gentiles exercise Dominion over them and they that are great exercise Authority upon them but it shall not be so among you you Apostles and threatens the Use of the Sword in such Persons Mat. 26.52 King James speaking of the Oath of Supremacy ' In that Oath saith he is contained only the King 's absolute Power over all Persons as well Civil as Ecclesiastical excluding all Foreign Powers and Potentates to be Judges within his Dominions ' In his Apol. pag. 76. And more fully afterwards pag. 164. ' It implies saith he a Power to command Obedience to be given to the Word of God by reforming Religion according to his prescribed Will by assisting the spiritual Power by his temporal Sword by Reformation of Corruption by procuring due Obedience to the Church by judging and cutting off all frivolous Questions and Schisms as Constantine did and finally by making a Decorum to be observed in all indifferent Things for that purpose which is the only Intent of our Oath of Supremacy ' My Lord Coke out of 1º Eliz. and in the Words of the Statute gives this Interpretation ' There is saith he no Jurisdiction by this Act affixed to the Crown but was of Right or ought to be by the ancient Laws of this Realm parcel of his Jurisdiction and which lawfully had been or might be exercised within the Realm The End of which Jurisdiction and of all the Proceedings thereupon is that all Things might be in Causes Ecclesiastical to the pleasure of Almighty God Increase of Vertue and the Conservation of the Peace and Unity of the Realm as by divers places of the Act appears And therefore by that Act no pretended Jurisdiction exercised within this Realm being ungodly or repugnant to the ancient Law of the Crown was or could be restored to the Crown according to the ancient Right and Law of the same ' Coke de Jure Ecclesiastico fol. 8. Bishop Bilson a great Searcher into the Doctrine of the Supremacy of Kings gives this as the Sence of the Oath ' The Oath saith he expresseth not Kings Duty to God but ours to them As they must be obeyed when they join with Truth so must they be endured when they fall into Error Which Side soever they take either Obedience to their Wills or Submission to their Swords is their due by God's Law and that is all which our Oath exacteth ' And in a few Lines following he interprets what is meant by Supremacy ' We do not saith he give Princes Power to do what they list in the Matters appertaining to God and his Service Indeed we say the Pope may not depose them nor pull the Crown off their Heads In this only Sence we defend them to be Supreme that is not at liberty to do what they list without regard of Truth or Right but without Superior on Earth ' Dr. Morton against the Pope's Supremacy out of an Epistle of Leo to the Emperor speaking thus You must not be ignorant that your Princely Power is given unto you not only in worldly Regiment but also spiritual for the Preservation of the Church ' As if he had said not only in Cases Temporal but also in Spiritual so far as it belongeth to the outward Preservation not to the personal Administration of them And this is the Substance of our English Oath and further neither do our Kings of England challenge nor Subjects condescend unto ' pag. 26. Mr. Mason in his Vindiciae Ecclesiae Angliae Lib. 3. c. 5. speaking of Calvin's being offended verum si intellexisset nihil aliud sibi voluisse hunc Titulum c. ' Calvin would never have disallowed this Oath if he had understood by the Title of supream Governour in Ecclesiastical Things that nothing else had been claimed but an exclusion of Popish Tyranny and a lawful Power in the King over his Subjects which stands not in coyning new Articles of Faith or Forms of Religion such as were Jeroboam's Calves but in defending and propagating that Faith and Religion of which God in the Scripture is the undoubted Author In this sence and no other that ever we have heard of is the Title of Supream Governour given to and accepted by the King ' §. 5 This Oath hath matters contained in it as you may perceive that are not of one nature and kind the Assent and Stipulation required of us in respect to the several parts of it is likewise various and different As our Creed according to the different nature of the Articles is believed by the different Acts of Faith To what is contained in the former part of the Oath in these Words I do utterly testify and declare in my Conscience that the King's Highness is the only Supream Governour of this Realm c. Herein is required a true real and cordial Assent to and Profession of what is mentioned as also to give this Testimony with such Sincerity of Heart as in the Presence of God To swear positively to any dogmatical Assertion is not required it would be taking the Name of God in vain for if it be a certain and undoubted Truth in it self and to others as are Principles in Reason and Articles of Faith an Oath is vain for it ends no Strife Heb. 9. 2. If doubtful and a question whether true or not though such an Oath puts it out of question that I believe so yet not that it is a Truth My Belief though ever so much evidenced and confirmed doth not make a doubtful matter it self more credible nor is one Man's believing an Assertion any just ground for another Man to believe the same such an Oath is therefore in vain it 's not a fit medium to end such a Controversy 2. It is further said I do utterly renounce and forsake all Forreign Iurisdictions c. This requires not only the Sincerity of my Perswasion and Profession against the Title and Claim of all foraign Powers but upon Oath to forsake that is to abjure we abjure when we swear to quit and forsake To forsake a Power or Jurisdiction is to refuse and not to receive submit or
yield Obedience to any Commands given by it or make any Appeals or Complaints to it 3. That which followeth and wherein the main of this Engagement lieth is in these Words I do promise that from henceforth I shall bear Faith c. and to my Power shall assist all Iurisdictions c. Herein is required a Promissary Oath swearing Allegiance to the King as a Loyal Subject to submit to his Laws as also if there be occasion to my Power to assist and defend him and all Jurisdictions and Priviledges belonging to him Though my Perswasion be ever so right my Resolution ever so sincere at the taking of this Oath that 's not all is required In an Assertory Oath if there be Truth and a right Frame of Heart in time I swear and give my Testimony it sufficeth But a Promissory Oath is not discharged by this that I sincerely intend what I say and promise for I engage to Action and for the time to come I must not only promise but if it be lawful and possible I must act and do accordingly Numb 30.2 If a Man swear an Oath to bind his Soul with a Bond he shall do according to all that proceedeth out of his Mouth CHAP. II. What is meant by Persons and things Spiritual or Ecclesiastical in the proper as also in the vulgar use of these Terms IF this Expression Spiritual be interpreted by the Contradistinct Member Temporal it seems to direct us to understand such matters as concern Eternity for that is the true Opposite to what is temporal 2 Cor. 4.18 The things that are seen are temporal and the things that are not seen are eternal now in strictness of Speech carnal not temporal is the opposite Member to spiritual I could not speak unto you as spiritual Men but as to carnal 1 Cor. 3.1 and 1 Cor. 9. If we have sown unto you spiritual things is it a great matter if we reap your carnal things But this is too narrow and strict a Sense There are matters vulgarly termed Spiritual or Ecclesiastical being such in Name and Title only having nothing of a spiritual Nature in them Such a Distinction of spiritual things you have in a Letter written by Henry the 8th to his Clergy of the Province of York in the Year 1533 who were offended at his Title of being Supream Head of the Church ' Men saith he being here themselves earthly and temporal cannot be Head and Governour to things eternal nor yet spiritual taking this word Spiritual not as in the common Speech abused but as it signifies indeed ' By spiritual things as abused in common Speech he means what is given to all such Persons and Causes as belong to the Spiritual Court and are termed by Civilians causae vel res contentiosae vel judiciales matters of contest inter partes actorem reum and come to be determined by Sentence of the Judg in those Courts By those things that are indeed spiritual is meant res extra judiciales or non contentiosae that is such things as are determined not in a Judicial or Court-way of Tryal by Witnesses Oaths Interpleadings Sentences and the like but in a more deliberate and synodical way having the Word of God for Witness and Judg both in respect of what we do and what we may do in things of this Nature Causes Ecclesiastical saith Dr. Field Field of the Church p. 680. are of two sorts for some are originally and naturally such and some only in that they are referred to the Cognizance of Ecclesiastical Persons as the probat of the Testaments Matrimony c. Those Spiritual Courts being continued and the same Causes tried in them as before when this Jurisdiction was usurped the matters that were then are still vulgarly reputed Spiritual Emperors receiving the Christian Faith honoured the learned and godly Bishops antiently with some Jurisdiction in the cases of Tythes Matrimony Wills and the like which are termed Ecclesiastical or Spiritual not from their own Nature but from the Quality of the Persons who were made Judges of them They being spiritual Men the Causes come to be called spiritual Causes after their Names and Quality that were set over them These Causes growing and increasing in after-times according as spiritual Persons were able by the Popes assistance to rifle from Princes the managing of them require more hands than those to whom first committed namely the Bishops and such as were in holy Orders they therefore took in for Assistants a great number of others as Archdeacons Chancellors Commssiaries Officials c. and these are denominated Spiritual from those Causes and their assistance of Bishops in the managing of them and their Courts Spiritual Courts There are Persons that are truly spiritual The spiritual Man saith Paul judgeth all things 1 Cor. 2.14 and Gal. 6.1 Ye that are spiritual c. That is such as have Grace and Holiness He also that hath spiritual Gifts and in a Gospel-Office or Calling is a spiritual Person 1 Cor. 14.37 a Man of God 2 Tim. 3.17 1 Pet. 2.5 And there are Matters or Causes that are truly spiritual as the Law is spiritual Rom. 7. The Gospel and preaching of it is a sowing of spiritual things 1 Cor. 9. the Worship and Service of God 1 Cor. 12. and 14.12 and all Gifts and Ordinances of Christ are spiritual Yea whatsoever things natural or moral that are helps to the Persons worshipping and by which the Worship it self becomes more orderly and to Edification and in the defect whereof the Name of God is taken in vain and Ordinances of Christ become less acceptable and effectual these Things and Circumstances in some sence may be termed Spiritual or Ecclesiastical Persons and Causes of each sort whether vulgarly or properly termed Spiritual or Ecclesiastical are some way or other under the Magistrates Government The former of these those spiritual Persons and Courts and Causes appertaining to them in the first framing of this Oath were principally if not only intended and aimed at as appeareth in the Statutes before mentioned And indeed the greatest Contention between the Pope and our Princes in all time hath been about Ecclesiastical Matters of that nature being then judged of greatest prejudice in respect both to the Honour and Wealth of this Nation For those matters more truly spiritual and nearly relating to God and his Service the Ignorance of the times was such his Impositions both in Doctrine and Worship though very sinful unsound and superstitious were generally received by Prince and People in this Nation without resisting or complaining There can be no question but these matters being indeed temporal properly belong to the Secular Powers For for the space of three hundred Years this Distinction was not known saith Sir John Davis Sir J. D. in his Reports the Case of Premunire or heard of in the Christian World the Causes of Testaments Matrimony c. termed Ecclesiastical or Spiritual were meerly Civil and
Appellationis vocem audiendam non esse Suar. de virt Tom. 4. pag. 99. And in the same Chapter he gives us the Reasons of it in these words Si in ordinariis correctionibus quae juxta disciplinam religiosam fiunt locum haberet Appellatio à Priore ad Provincialem à Provinciali ad Generalem magna sequeretur perturbatio disciplina religiosa sine dubio corrueret c. In ordinary Censures and such as are according to a Religious Discipline if Appeals should be made from the Prior to the Provincial and from the Provincial to the General it would breed a great Disturbance and be doubtless the Ruine of Religious Discipline For 1. Inferiour Governours would quickly be despised and have little Reverence or Fear 2. By such a dilatory way opportunity will be given by Friends or under-hand working to prevent any Religious Discipline It is therefore expedient for the good of Religion that there be a more simple way of procedure in these spiritual Corrections and that it be without any kind of Appellation Thus far Suarez And others of them also tell us Soto de Just lib. 54. 6. art That in a voluntary and brotherly Society it 's more comely and honourable to end Offences and Differences in a private and peaceable way amongst themselves and within the Society than by clamorous Appeals to make Matters more publick It should not be of little weight also with us the Tenderness of Christ if it be considered and how he would not have Breaches and Offences amongst Brethren to be made more publick or carried further than is necessary And by any thing we find in the Text there is no Necessity we should carry Matters for Censure out of the Church where the Offence is if there were doubtless Christ would have given us direction as well for the managing of Appeals FROM a Church as IN a Church Mat. 18.15,16,17 where each step and circumstance in the progress from a lesser to a greater Authority is described II. Disparity From the different condition of Punishments in respect to Relief if unjustly inflicted Church-Censures have little operation on us further than our own Conscience and the Spirit of Christ make them effectual by working them in upon us But if inflicted where no just Cause and Clave errante the Spirit of Christ will not convince us of Sin or let in Satan's Terrors nor any such impressions of Grief or Shame as much to afflict us being innocent How little hath the Pope's Bulls or such Thundrings from Rome been valued or esteemed or Excommunications sent out of our Spiritual Courts when we know it is but for a Four-penny Offence In Civil Affairs it is much otherwise For be the Sentence just or unjust the Execution of it is equally grievous and a punishment be it in respect of Life Liberty or Estate and there is no way either to avoid or mitigate such wrongs but by Appeals The necessity of such Appeals therefore is very great but in respect to Ecclesiastical Censures little or nothing at all III. Disparity The ordinary end and use of Appeals is either 1. For Relief of Persons suffering Or 2. That corrupt Judges be censured and unjust Sentences rescinded Persons come to be relieved when by Appeals to Higher Powers there is a better understanding either 1. in the Rule and Law or 2. a more righteous judgment in matters of Fact There are none of these Ends or Uses of an Appeal so accomplishable in an Ecclesiastical Process as in a Civil 1. If the Rule be obscure a right understanding of it may infallibly be had by appealing in Civil Affairs the Supreme Court is here on Earth that made the Rule or Law what 's determined by a Parliament or such Persons as are intrusted by it to this purpose is to us unquestionable But it 's otherwise in Church Affairs our Law-giver is in Heaven and cannot in such a forensical way be appealed unto nor hath he left any Vicar or Visible Judge under him of greater Authority in respect of Infallibility than a particular Church which is the ground and pillar of truth 1 Tim. 3.15 The Papists some of them in great and weighty matters not otherwise that are spiritual yield Appeals but it 's upon this Supposition that the Cause at last will be brought to a Tribunal that is Infallible Licitum est saith P. de Aragon Aragon in 2. 2. q. 69. a. 3. D.Th. in re grave cuique causam suam defferre ad sedem Apostolicam quando vel ex imperitia vel ex Passione inferiorum judicum qui homines sunt ac decipi possunt injuriam patitur The Pope cannot be deceived he is more than a Man 2. Matters of Fact by reason of Appeals come to be sentenced at a great distance from the place where the Crime and Offence lieth which in Worldly Concernments may with more Righteousness be done than in what is Spiritual and of Church Cognizance 1. Transgressions come under a Civil Judgment as materially considered and according to the gross Act but brought to the Church not as Sins simple but as Scandals and Offences which is a Consideration not so obvious but requires good judgment in the Witnesses as well as in the Judges The Obstinacy also or Penitency of the Person offending accordingly as Testimony shall be given of either is a more difficult matter to make out than either the Sin it self or the Scandal Repentance Godly Sorrow or the contrary is the principal thing to be regarded in Church-process Repentance I say in truth and sincerity so far as we can judge in a seeing and not blind charity It is not only the Passion Sorrow or Shame but Godly Sorrow which is more spiritual and deeper in the heart and requireth much and particular knowledge of the Person and his temper and such as cannot be attained at a distance but by frequent and familiar Converse To sit in the Stool of Repentance stand in a White Sheet or do Penance as it 's termed these are as the fruits of the flesh manifest and judged of at the greatest distance it 's not so deep as we need much understanding to draw it out Prov. 20.5 2. The Censure whether binding or loosing is to be executed always by the particular Church where the Offender is a Member those persons above all others are to have a particular knowledge of his Crime and true Repentance they are to forgive and confirm their love 2 Cor. 2.7 or otherwise to withdraw from him If THY Brother offend thee let him be unto THEE an Heathen c. Mat. 18.15,17 The Execution of the Censure being by each Brother of that Church it is necessary the Examination of the matter be before them Spiritual Duties are not to be performed upon an implicit Faith What knowledge but by remote heresay can a Church in the Orchades have of a mans repentance or obstinacy the ultimate tryal and