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A36249 The doctrine of the Church of England concerning the independency of the clergy on the lay-power, as to those rights of theirs which are purely spiritual, reconciled, with our oath of supremacy, and the lay-deprivations of the popish-bishops in the beginning of the reformation / by the author of The vindication of the depriv'd bishops. Dodwell, Henry, 1641-1711. 1697 (1697) Wing D1813; ESTC R10224 66,791 94

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the Title of Supream Head The Bishops as it is said will not swear to it as it is but rather lose their Livings The occasion seems to be that now the Succession falling to a Woman it seemed very indecent to believe her an Original of Sacerdotal Power who was by her Sex incapacitated for exercising any Sacerdotal Act to believe that a Right of Excommunication could be derived from her who was on the same account unqualified to consecrate the Eucharist and to give the Communion though they who had the Right had given her that power that she could be the Head of Sacerdotal Power to others who was not capable of being a Sacerdotal Head at all For the Apostles Reasoning holds concerning this Sacerdotal Headship which is the principle of mystical Unity that the Man in general is as much the Head of the Woman in general as the Head of the Man is Christ and the Head of Christ is God These things no doubt gave the Papists a subject of tragical Declamations then as their Books shew they did after Nor was the scandal only given to the Papists but to the Protestants also who returned from their exile with a zeal as great for the Geneva Discipline after the troubles at Frankford as the others could pretend to for the Papal And accordingly it was a Protestant that perswaded her to lay aside the Title of Supream Head or rather not to resume it after it had been laid aside by her Sister However the Supremacy it self she did resume but with such an Explication as made it thence forward tolerable The Supremacy it self she resumed as it had been practised formerly by her Father and her Brother as far as by any Spiritual or Ecclesiastical Power or Authority had heretofore been or might lawfully be exercised or used So the words of the Act run wherein she also revives the Act of 37 Hen. VIII 17. as far as it concerned the Practise of Ecclesiastical Jurisdiction by Lay Doctors of the Civil Law She also resumed a Power of issuing out Commissions for exercising Ecclesiastical Jurisdiction and of giving out Injunctions as formerly Thus the Case stood in her first Parliament which began Jan. 23. and was dissolved May 8. of the year 1559. Which things if they had held had been little else besides the abatement of a word But her Injunctions themselves followed that same year after the dissolution of the Parliament wherein she remits of the things themselves at least with reference to the Oath which was first introduced in this Parliament in the form wherein we use it now In these Injunctions she forbids her Subjects to give ear to those who maliciously laboured to notifie to her loving Subjects how by words of the said Oath it may be collected that the Kings or Queens of this Realm Possessors of the Crown may challenge Authority and Power of Ministery of Divine Service in the Church She therefore tells them that her Majesty neither doth nor never will challenge any other Authority than under God to have the Sovereignty 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 or ought to have any superiority over them She tells them therefore that if any Person that hath conceived any other sense of the form of the said Oath shall accept the same Oath with this interpretation sense or meaning her Majesty is well pleased to accept every such in that behalf as her good and obedient Subjects and shall acquit them of all manner of Penalties contained in the said Act against such as shall peremptorily or obstinately refuse to take the same Oath § XIX HERE is a fair Legal Interpretation allowed by the Regal Authority it self for whose sake the Oath was imposed perfectly discharging us who have been concerned in it from the Belief of Archbishop Cranmer ' s Principles themselves and therefore from meaning any such sense of it as otherwise mig 〈…〉 have followed and indeed must if the taking of the Oath had necessarily supposed our belief of those Principles Here we find those Principles denied to have ever been the Sense of the Legislators even in the time of King Henry the VIII or King Edward the VI. The Queen in the same Injunction calls it a sinister perswasion and perverse construction to think it was so We need not now dispute how true this assertion was for the time past It is sufficient for our purpose that from the time of this Injunction we are not obliged to mean it so how plainly soever it may seem to be supposed in the Acts revived by her Yet wh●● I have already said is sufficient to shew how unsteady the Legislators were in urging the belief of these Principles on them who took this Oath even when the Words of the Laws themselves did seem most literally and naturally to import them in the Sense of the Legislators themselves I have already observed the Paper subscribed by Cromwell and Cranmer himself contrary to their own Doctrine in the height of Cromwell ' s Power I have observed that Cromwell ' s opinion that Lay-men might consecrate the Eucharist was so odious even in King Henry ' s Reign that it was made an Article against him for his Attainder So also in the Reformatio Legum Ecclesiasticarum wherein Cranmer had a principal hand drawn up in the later end of King Edward the VIth the Power of the Keys is owned to have been given by Christ to the Church and the Power of Administring the Sacraments and of Excommunication ●s asserted to the Ministers and Governors 〈◊〉 the Churches and they are allowed to be the Judges who are to be admitted to the Holy Table and who are to be rejected notwithstanding the Laws made in that same Reign prescribing to the Ministers what they were to do in these very Cases notwithstanding the words of the now mentioned Acts nay even of that very Collection asserting expresly that the King within his own Dominions has plenissimam Jurisdictionem over the Bishops and Clergy as well Ecclesiastical as Civil and that both Jurisdictions are derived from him as from one and the same Fountain This Reformatio was intended to have been confirmed in Parliament according to so many Acts made concerning it if the Kings death had not prevented it Whether these things be reconcilable or not I am not now concerned It is very possible that the same Legislators may own that in certain consequence which they do disown in express terms And in such a Case the securest way for the Subject who cannot be obliged to Contradictions will be rather to be concluded by their express professions than by their reasonings and consequences where they are not reconcilable Especially where those professions are agreeable to that Practise which is notoriously allowed by the Legislators themselves Allowed Practise is granted by
Authority was not supposed derived from him it will not follow that it was deprivable by him And if it were not then all the obligation the King could lay upon the Bishops to do as he would have them could not be in Conscience but in Interest so far only as they thought the inconveniences they might incur by his displeasure greater than those the Church might suffer by that imposition on their liberty This therefore might be born with by the Bishops so far as they might judge it reconcilable with the Churches interests And that indeed no more could be intended appears from a Paper published by Bishop Burnet from a Cottonian M S. For there is a full acknowledgment of a distinct Authority in the Bishops from the Potestas gladii lodged in the King Yet it is signed by Cromwell and that after his second and more ample Commission because he signs before the Archbishops And long after this Act between the years 1537. and 1538. as the Bishop himself conjectures Thus far therefore Cromwell himself was not very positive in that Opinion no nor Cranmer who here subscribes among the rest which makes the Spiritual Authority derived from the King So far it was then from being the Authorized Sense of the Legislators But I cannot by any means think it commendable in the Prince to impose even so far though the Right of external force be indeed his Should the Church follow his example she has as good a Right to impose on his Actings in Temporal Causes by her Spiritual Censures as he can pretend to for his interposing in her Spiritual Affairs by his Temporal Force For he cannot pretend to a more immediate Title from God for his Temporal Force than she can for her Right of inflicting Spiritual Censures And if it should be thought reasonable for either of them to make use of that Right of coercion which justly belongs to them both for imposing on the other in matters not belonging to them it would certainly be more reasonable for the Spiritual Power to impose on the Temporal in order to Spirituals than for the Temporal Power to impose upon the Spiritual in order to Temporals For my part I would rather that both would keep within their own bounds that as we must render to God the things that are Gods so we may also render to Caesar the things that are Caesars But whether the Laity did in this Act assume more than what was really their due I am not so much co●cerned at present It is sufficient that what was assumed by them was not sufficient either directly or by any necessary consequence to put it in their power to deprive our Bishops of their Spiritual Authority § XV. HOWEVER though hitherto they did not yet at length our Legislators of those times did advance the Supremacy as high as Archbishop Cranmer ' s Principles would warrant them But it was not before the later end of that Sacrilegious Reign In the seven and thirtieth year of it there was a scruple started concerning the Lay Doctors of the Civil Law by whom the Discipline of the Ecclesiastical Courts was managed after the death of Cromwell on account of their being Lay-men whether the Spiritual Censures issued out by such could have any effect with regard to Conscience This scruple being raised on that account of their being Lay-men was conceived by the Parliament by manifest consequence to affect the Kings Power also for such Censures because he also was a Lay-man This could not have been if they had not intended to assert such a Right in the King though a Lay-man even for Spiritual Censures For had they intended no more than that the King by his Lay Power should only oblige Spiritual Persons to do their duty in exerting that Spiritual Power which they had received not from him but from God himself in this case the consequence objected against the Supremacy had been out of doors and that which had signified nothing would have needed no remedy When therefore to prevent this consequence they assert the Supremacy in such a Sense as may qualifie the King though a Lay-man to a Right to inflict such Censures they must consequently mean it so as to assert this Right to him as a Supream Magistrate though not invested with any Power from God distinct from that of the Sword Accordingly they tell us that his most royal Majesty is and hath always justly been by the Word of God Supream Head in the Earth of the Church of England and hath full Power and Authority to correct punish and repress all manner of Heresies Errors Vices Sins Abuses Idolatries Hypocrisies and Superstitions sprung and growing within the same and to exercise all other manner of Jurisdictions commonly called Ecclesiastical Jurisdiction They tell us withal the occasion of this Objection That though the Decrees and Constitutions by which the exercise of Spiritual Jurisdiction had been confined to Holy Orders had been utterly abolished by the Act of the five and twentieth year of this same Reign yet because the contrary is not used nor put in practise by the Archbishops Bishops Archdeacons and other Ecclesiastical Persons who have no manner of Jurisdiction Ecclesiastical but by under and from your Royal Majesty it addeth or at least may give occasion to some evil disposed Persons to think and little to regard the Proceedings and Censures Ecclesiastical made by your Highness and your Vicegegerent Officials Commissaries Judges and Visitors being also Lay and married men to be of little or none effect or force And Forasmuch as your Majesty is the only and undoubted Supream Head of the Church of England and also of Ireland to whom by Holy Scripture all Authority and Power is wholly given to hear and determine all manner Causes Ecclesiastical and to correct all Vice and Sin whatsoever and to all such Persons as your Majesty shall appoint thereunto Therefore it is enacted that Doctors of the Civil Law though Lay and married being put in office by any one having Authority under the King his Heirs and Successors may lawfully execute all manner of Jurisdiction commonly called Ecclesiastical Jurisdiction and all Censures and Coercions appertaining or in any wise belonging unto the same Here the Bishops are denied to have any manner of Jurisdiction Ecclesiastical but by under and from the Prince Here all Authority and Power is said to be wholly given him to hear and determine all manner Causes Ecclesiastical Here he is said by the Word of God to have full Power and Authority to exercise all manner of Jurisdictions commonly called Ecclesiastical Jurisdiction And all this is asserted as their Sense of the Title of Head and of the Prerogative of Supremacy If so the Bishops can have no Power but what is derived from the Lay Magistrate for all this is challenged to him as he is a Lay-man and therefore none but what must be supposed deprivable by him Then after their deprivation their Character is gone