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A25426 The king's right of indulgence in spiritual matters, with the equity thereof, asserted by a person of honour, and eminent minister of state lately deceased. Anglesey, Arthur Annesley, Earl of, 1614-1686.; Care, Henry, 1646-1688. 1688 (1688) Wing A3169; ESTC R6480 75,236 84

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in Spiritual matters within their Territories as a Right belonging to them and consequently the Right of Indulgence as part of that Jurisdiction can hardly be denyed to them CHAP. V. That supream Spiritual Jurisdiction in England is in our Kings 1. IT may be shewn in a few Instances of many that this Jurisdiction was in our Kings in all ages according to Law. If for the Stories-sake we should take our first step as high as our British Kings we may find in them some testimonies of it before Christianity was introduced our British Kings were supream over the Druides the Priests the Arch-Flamines and Flamines and ordered their Sacrifices They ordered likewise all matters of that Nature as to the supream Jurisdiction of them The first Christian British King Lucius if you credit that Story made that blessed change from Paganism to the Light of the Gospel which he and all his People embraced He changed the Arch-Flamines and Flamines into Arch-Bishops and Bishops and for the Druides entertained the Ministry of the Gospel and the actions of this King and of his Successors in the Progress of Christianity among them do give testimony that supream Spiritual Jurisdiction was then taken to be in our Kings Eleutherius Bishop of Rome in his Answer to the Letters of Lucius and his Nobles stiles the King Gods Vicar within his Kingdom and the Vicar is in the stead of his Master and invested with his Power which no earthly Prince is capable of as to command over the heart and to eternity but the eternal King of Kings Yet as to power in this World Kings are deputed by God as his Vicars on Earth with as much Supremacy in Spiritual Matters whereof men are capable as of Temporal It hath been shewed that the Commands of Christ were full of Meekness We read that indeed he did Scourge some out of the Temple but never that he Scourged any into the Temple He exhorts his Vicars and all others Learn of me for I am meek and lowly which is commendable in all who are his Vicars to be thus like their Master 2. In the next place a view may be taken of the exercise of this Jurisdiction by our Saxon and Danish Kings Ina saith in the Preface to his Laws Leg. Inae Reg. c. 1. That he Studied the health of the Souls of his People which argues that he took himself to have spiritual Jurisdiction He makes Laws for the Form of Life of Gods Ministers and such spiritual Matters King Alured begins his Laws with the Decalogue and Judicial Laws Leg. Aluredis Reg. c. 1. and enacts the immunity of the Church as Head of it In the League between Edward and Guthrune the Dane it enacts that before all things they worship one God alone laying aside all barbarous Worship Athelstane enacts also Spiritual Laws Leg. Athelstani Regis Leg. Edm. Reg. c. 1. Not. in Eadmer p. 161. de quorum omnium moribus ad nos spectat examen Leg. Eadgeri Reg. So doth King Edmond and declares that he had consulted how the Christian Faith might be promoted King Edgar in his Oration to his Clergie saith That the examination of all their Manners did belong to him He made many Canons of matters meerly spiritual as touching the Demeanour and Duty of Priests Parents instructing their Children in the Christian Faith and to abstain from filthy and blasphemous Words and Songs that Priests do Preach every Lords day and against Swearing and Sabbath-breaking Matters sufficiently spiritual and not unworthy or improper for a Princes care King Canute commandeth all his Subjects to Worship God Leg. Canuti Reg. and to keep the Rules of Christian Religion makes many Ecclesiastical Canons forbids barbarous Worship and Superstition yet without severe Penalties and professeth to do all things for confirmation of Christian Piety Aelfric in his Canons Canones Aelfrici ad Wulfinum Episcopum saith unto the Priests I tell you I will not bear your negligence in your Ministry and all his Laws are concerning spiritual Matters Edward the Confessor Leg Edvardi Confessor in his Laws calls himself the Vicar of the most high God and saith that he was constituted to that end that he should govern the Kingdom and People of God and above all the holy Church which is agreeable to the Writ of Summons to Parliament to this day These ancient Kings did use to give the Bishopricks by the Ring and Staff as the Investiture And these with many other Instances which are omitted do testifie the supream Spiritual Jurisdiction to be exercised by these Kings 3. The like Jurisdiction appears also to have been in William the first called by the flattering Monks the Conquerour though he came into England to recover his Claim to the Crown Eadmer Fidelitatem facere nolui nec volo quia nec ego promisi nec Antecessores meos Antecessoribus tuis id ye●isse comperio and had the Popes Benediction who sent him an hallowed Banner with one of St. Peter's Hairs in it Yet when the Legate required him to do fealty to the Pope he would acknowledge no Superiour to himself but answers Fealty I would not do nor will I do it because neither I have Promised it nor do I find that my Ancestors have done it to your Ancestors He appropriated Churches with Cure to Ecclesiastical Persons 7 E. 3. Quar. Imp. 19. Eadmer f. 6. Cuncta divina simul humana ejus nutum expectabant Mat. Paris in W. 2. Ann. 1094. Anselm Epist 36. ad Paschal and did many the like Acts whereupon Eadmerus reports that all things both Divine and Humane were at his beck which sufficiently testifies his supream Jurisdiction in Spiriritual Matters His Son William Rufus denyed leave to Anselme to go to Rome and told him that no Arch-bishop or Bishop of his Realm should be subject to the Pope or Court of Rome and that if he asked this leave any more or appealed to Rome he should speedily depart out of his Realm And because he went thither without a License from the King all his Goods and Chattels were seized to the Kings use and he constrained to live in Banishment during the Kings Life In King Henry 1. time he was permitted to return into England Mat. Paris in H. 1. Anno 1104. but not without Promise first made that he would perform the Customs of W. 1. and of William Rufus And when H. 1. perceived that Anselme combined with the Pope Coke Rep. 5. Gale 's Case fol. 106. to hinder the Kings donation of Bishopricks the King wrote to the Pope challenging that right and his Proctor in Rome told the Pope that his Master would rather lose his Kingdom than the Donation of Bishopricks In his Charter to the Abby of Reading he saith We Ordain as well in regard of Ecclesiastical as Regal Power 4. We come next in order to the time of King Stephen Sir John Davis Rep. f. 40. Apellationes
the speaking or declaring of Law the soveraign or the highest lawful Authority Spiritual Jurisdiction is about matters relating to the Spirit or Souls of Men to Eternity wherein a King in the strict acceptation of the Word can have no Jurisdiction for no Power can command the Spirit or Soul of Man but God only French Academy c. 33. p 540 541. Accordingly an Ingenious French Author holds That one part of Man's building the Soul is created free for ever and to be exempted from the yoke of Humane Power acknowledging only the Divine Jurisdiction as the Apostle intimates Standfast in the liberty wherewith Christ hath made us free Gal. 5.18 ye have been called unto Liberty The Spiritual Jurisdiction whereof we speak is and can only be exercised upon the Body concerning some actions which may have a relation to the Spirit and eternal condition of Man wherein the Magistrates power is exercised to suppress Idolatry and Sin. Field of the Church p. 680. Dr. Field saith that Spiritual Causes are of two sorts some are originally and naturally such and some only in that they are referred to the cognizance of Spiritual or Ecclesiastical Persons as the Ecclesiastical Testaments Matrimony Sir John Davis rep Case of the Premunire c. And Sir John Davis saith that for 300 Years this distinction of Spiritual or Ecclesiastical and Civil was not known or heard of in the Christian World. The causes of Testaments Matrimony c. termed Ecclesiastical or Spiritual were indeed meerly Civil and determined by the Laws of the Secular Magistrate for making of Wills and Marrying were regarded by Heathens as well as Christians But for Causes and Persons Spiritual and Ecclesiastical that are properly and indeed such as First-table-duties which concern matters of Faith and Holyness and what conduceth to the eternal welfare of Mens Souls Some hold there is a Right in the Civil Magistrate more suo to give Commands and exercise lawful Jurisdiction about things of that nature And it is meant and will in part be made appear that as to Spiritual Matters a Supreme Spiritual Jurisdiction which is always to be intended according to Law over Persons and Matters which are usually termed Spiritual or Ecclesiastical is in Kings 2. In the next place we may consider the matter of fact and the consequence of the Argument thereupon The matter of Fact will be showed to be the constant and general practice and exercise of Supreme Jurisdiction in Spiritual Matters by most Kings and Princes both Christians and Pagans and from the eldest Times to our present Age which will be distinguished and some particulars of this Practice briefly noted in the following Sections The consequence and conclusion thereupon will be this If Kings and Princes have Supreme Jurisdiction in Spiritual Matters as the practise thereof and the Authorities proving the same do demonstrate that they have It will then necessarily follow that the Right of Indulgence which is a part of that Supreme Jurisdiction is likewise in those Princes He that hath Right in the whole hath Right in every part thereof and the grant of Indulgence is an Act of Jurisdiction in Spiritual matters comprehended within the general Jurisdiction which belongs to Princes and consequently doth belong to those to whom the Supreme Jurisdiction doth belong in Spiritual matters and that is to Kings and Princes We may begin with the eldest exercise of this Jurisdiction 3. The first Exercise whereof was in Fathers of Families and by the same reason is proper to be in Kings who are Fathers of their Countreys The first guide of the Requisites Calibute Downing 's Discourse of the Estate Ecclesiastical p. 57. as to Publick Exercise and actions of Religion was the original Domestick Discipline in Private Families where the Father was a King and Priest Adam directed his Sons to Sacrifice Seth Noah Abraham and the Princes of those times Fathers of Families were Priests also That the Priesthood was in the First-born as in Melchisedeck who is taken for Shem the first-born of Noah and in the rest of the first-born the Fathers of Families in those times before Aaron is admitted both by Christians and Hebrews Abraham and every Patriarch or Prince within his Territory and every Father of a Family within his Family did exercise the office of Priest also So it is or ought to be at this day That every Father of a Family is either in his own Person if he be able or by providing some fit Person if his Estate will bear it to perform Religious Duties in his Family to pray and expound the Holy Scriptures there It will not be denied but that every such Father of a Family may dispense with and indulge any of his Children or Servants to be absent from those family-Family-Duties when he shall see just cause for it And it would be hard to deny a Prince the same power of Indulgence to his Subjects which is allowed to every Father of a Family to his Children and Servants 4. We may in the next place look into this Jurisdiction Exod. 29.9 Numb 3.10 as it was exercised by the Hebrew Princes Moses Consecrated and commanded Aaron and Moses is styled the Priest of Priests and the Supreme King Rex summus item Sacerdos Jos 1.5 Jos 7. and also Priest which is testimony sufficient of his Supremacy in Spiritual things Joshua had the presence of God with him as Moses had and commanded all as he did both Persons and Causes he built an Altar in Mount Ebal and offered Sacrifices there and read the Law to the Levites and Priests Deborah was Prophetess and Judge or Prince of Israel Samuel was a Prophet and he and most of the Judges of Israel did exercise Supreme and Spiritual as well as Temporal Jurisdiction in Israel So did David Solomon Jehosaphat Hezekiah and other Kings of Israel Bertramus Menechius Seldenus Sigonius c. and of Judah whereof there is plentiful mention in the holy Story and in those Authors named in the Margin who have written on this Subject and it is the best Pattern to be followed by other Princes The Hebrew Word for a Priest signifies likewise the Prince of a Territory not that Priesthood made one a Prince or did carry Command with it but that Princes were chief Priests also in their Territories Before the Law given in Sinai Moses had cognizance as well of Sacred as of Prophane Matters together as they were termed without the distinction of Spiritual and Civil And this appears in the Tribunals set up by Jethroes advice and in his Judgments in those Sacred Causes and to him the Appeals were made whether the Matters were Sacred or Prophane and doubtless in the exercise of this Supreme Spiritual Jurisdiction the power of Indulgence where he saw cause was not denyed him 5. The like Jurisdiction was in the Heathen Princes who from the Presidents of the Hebrews although miserably depraved drew their Customs to have