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england_n	archbishop_n	king_n	william_n	2,739	5	7.4245	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70686	The lawfulnes of the oath of supremacy, and power of the King in ecclesiastical affairs with Queen Elizabeth's admonition, declaring the sence and interpretation of it, confirmed by an act of Parliament, in the 5th year of her reign : together with a vindication of dissenters, proving, that their particular congregations are not inconsistent with the King's supremacy in ecclesiastical affairs : with some account of the nature, constitution, and power of the ecclesiastical courts / by P. Nye ... ; in the epistle to the reader is inserted King James's vindication and explication of the oath of allegiance.; Lawfulnes of the oath of supremacy and power of the King in ecclesiastical affairs	Nye, Philip, 1596?-1672.	1683 (1683)	Wing N1499; ESTC R22153	63,590	80

relation between them and you being such as Fast and Pray and Mourn and Rejoyce yea Eat and Drink with you daily at the same Table of the Lord and are intrusted with the Care of your Souls from the hand of Christ This cannot be where the Pastoral or Ministerial Work is divided and the Keys of the Church hung apart Those that instruct us not nay are Strangers to us Rule over us Rebukes and Chastisements in this spiritual way are from those whose Faces we never saw or know so much as by name It 's true we may argue thus They are strangers expect no favour therefore or mercy from them if you offend this procures Obedience indeed but it is in a servile way The mind of Christ is that as our Submission to himself so to his Ministers who even in Censures act in his Name be affectionate filial and drawn by the cords of love Thus have I gone through with the Instances promised with what brevity the nature of the matter would permit By which it is not intended to parallel these Societies in respect to the intrinsick Form of Government peculiar to each for that in a Church is from the Institution of Christ rather than the light of Nature but the more general state and habitude of Ecclesiastical Government as Churches stand disposed to the Civil Magistrate or one to another and what the light of Nature and common Reason contribute hereunto being so much insisted upon What hath been said I hope tends to Union and Accommodation Those that hold any spiritual Government Jure Divino and by the appointment of Jesus Christ do not deny it to a particular Church And those that hold none yet are at a lesser distance from such who claim so-little CAP. VI. A second Objection Of the Jurisdiction over Particular Churches in Synods Ecclesiastical Courts c. § 1. as exercised with us § 2. and in other places Object 2. THere are Synods Consistories Colloquies and other Ecclesiastical Courts which exercise an Authority in spiritual matters over Churches Therefore that of the Magistrate before mentioned is not so necessary Answ It is humbly denied and asserted That these greater Assemblies a Synod Classis Coloquie and the like either have no such coactive Jurisdiction as we mentioned or are dependent upon the Civil Magistrate for it This we shall shew by declaring more fully what Ecclesiastical Power is exercised by Synods or such Courts 1. In this Kingdom 2. In other Reformed Churches The Ecclesiastical Courts in this Kingdom are of two sorts 1. There are we know Spiritual Courts so termed such as the Prerogative the Arches Court of Faculties the Archdeacons and Commissaries Courts These claim only from the Civil Powers as was shewed before Pag. 45 46. In the Statute of 37 Hen. 8. c. 17. it is declared That the Archbishops Bishops Archdeacons and other Ecclesiastical Persons have no manner of Ecclesiastical Jurisdiction but by from and under the King 's Royal Majesty By the Statute also of 1 Edw. 6. c. 2. All Courts Ecclesiastical within the Realms of England and Ireland ought to be kept by no other Power or Authority either Foreign or within the Realm but by the Authority of His most Excellent Majesty And it was further Enacted That all their Process shall issue out under the King's Seal and His Name and Style c. but since repealed Dr. Cosens in his learned Defence of them and their Proceedings asserts thus They are saith he warranted by the Statute and Canon Law of this Nation professing also that there were Reason enough against those Ecclesiastical Proceedings Apol. Part 1. Cap. 1. if they were not claimed from the Crown but from some other Authority immediately as the Popish Clergy did theirs from by the means and direction of the Pope 2. Our Convocation or General Synod which makes Laws and Canons about matters that are more spiritual This is an ancient Court and hath formerly been in it self of great Authority in Ecclesiastical Regulations it 's not so now but dependent upon the Civil Magistrate for whatsoever Jurisdiction or Coercive Power there exercised which will appear in these Particulars 1. There are no Laws or Canons made by the Bishops and others of the Clergy in the Convocation Nihil habet vim legis priusquam Regius assensus fuerit adhibitus iis quae Synodus decernanda censuerit Cosins Polit. Ta. 1. a. that oblige under any Penalty without the Stipulation and Assent of the Civil Magistrate be it either in matters of Faith or Discipline The 39 Articles and Canons about them concluded upon by the Synod in Anno 1562. engaged no man under any Penalty in our Law to believe profess or subscribe until they had an Assent or Establishment by the Civil Powers Nor can they proceed against any Crime as Heresie Apostasie or gross Enormity in Doctrine but what our Laws declare to be such And for matters of Discipline and Worship it appears by the Letters Patent Copies whereof are annexed to the Canous published in Anno 1603 and 1640. That 1. All power to meet confer treat debate and agree upon any matter for common good is from such Licence Power and Authority as is granted to the Archbishops Bishops Chancellors and other Members of the Convocation from His Majesty of His special Grace and by virtue of His Prerogative Royal and Supreme Authority in Ecclesiastical Causes And 2. the Synod having treated of concluded and agreed upon Canons Orders c. To the end and purpose by His Majesty limited and prescribed unto them they are to offer and present the same to His Majesty in writing He upon mature consideration taken thereupon may allow approve The Licence to the Convoc in Anno 1640. confirm and ratifie or otherwise disallow anihilate and make void such and so many of the said Canons Orders c. as he shall think fit requisite or convenient And none of those Canons c. shall be of any force effect or validity in Law but only such and so many of them and after such time as His Majesty by His Letters Patents shall approve and confirm the same The Civil Magistrate may suspend for what time he shall please yea wholly deprive any Bishop or Bishops from their Office and Place in this Synod who are the chiefest Members thereof He may Commissionate also by Writ * Cook Instit pag. 4. cap. 74. what other Persons He shall please to sit in Convocation with them And if occasion be He may likewise wholly constitute another Syond and nominate each particular Person of what Quality and of what Number of His Natives as He shall please Field Of the Church Lib. 5. cap. 53. Princeps potest assignare nominare authoritatem dare quandocunque quamdiu ipsi placuerit hujusmodi indigenis subditis quos idoneos censuerit c. Dr. Cosin de Pol. Tab. 1. a. and give them like Authority in Ecclesiastical matters So was that

exercised about the concernment only of a particular Congregation and therefore we may well assert with that learned Bishop B. Sanderson of Episcopacy pag. 24. It 's very hard to give a satisfactory difference betwixt such an Ecclesiastical Power and the Oeconomical both claiming by Divine Right why the one should be more injurious to Regal Power than the other We can further say the Power we claim is no other but such also as hath been always owned by our Laws and Writers of Note to be immediately from God and peculiar to his Holy Service and the Sacred Function of the Ministery with those other Parochial Duties as to Preach the Word Administer Sacraments and the like The word Sacraments and the use of the Keys saith B. Bilson are things comprised in the Church lie not open with other State-matters and by God commanded to the Church Of Supremacy p. 170. 227. Against Harding p. 6. c. 9. D. 1 2. Also D. Field of the Church lib. 5. c. 53. and are subject to no mortal Creature Pope or Prince We teach not Princes saith Bishop Jewel to offer up Incense or Sacrifice asVzziah did or to preach or administer Sacraments or to bind or to loose Each of these Duties are such and so spiritual as our Princes openly and in their Laws disown them as not depending upon their Administration or Authority In the 37th Article of the English Confession it is thus We give not to our Princes the Ministring either of God's Word or the Sacrament And in the Admonition c. Kings and Queens of this Realm Possessors of the Crown challenge not Authority and Power of Ministery of Divine Offices in the Church II. The Power or Jurisdiction exercised over these particular Assemblies or their Officers hath its station in a higher Region and such as in which all Christian Magistrates in the world judge themselves interessed and that what is done in this kind by any Person or Assembly be by a Power derived from them and subordinate to them So our Law 27 H. 8. c. 17. The Archbishops Bishops Archdeacons and other Ecclesiastical Persons have no manner of Ecclesiastical Jurisdiction but by from and under the King 's Royal Majesty And in the Statute of 1 Edw. 6. c. 2. All Courts Ecclesiastical within the Realms of England and Ireland ought to be kept by no other Authority either Foreign or IN THE REALM but by the Authority of His most Excellent Majesty It is evident therefore that those Superior Powers of what Form or Denomination soever they be that are over these Congregations have their motions in Caesar's walk But the holy and spiritual Duties peculiar to particular Congregations are expresly remitted to them and their Ministers as the things of God and not of Caesar 3. Our situation is low and quite beneath those Orbs wherein the transactions of a National concernment move and are managed How Religion and Reformation thrive in a Nation and is encouraged by the Governors thereof we have a sence and form our thoughts and most effectual prayers and endeavors accordingly We are engaged hereunto as Members of the Catholick Church and particularly concerned in the welfare of our Native Countrey otherwise our Principles are to keep within our Congregational Precinct and not to give Laws or exercise Power over others or to engage our selves unless thereunto by Authority called in more publick Affairs Nor do we believe as we have jointly professed there is Power given by Christ to any Synod or Ecclesiastical Assemblies to Excommunicate Confession of Faith pag. 61. Sect. 22. or by their Publick Edicts to threaten Excommunication or other Church-Censures against Churches Magistrates or their People upon any such account And therefore we may be freed from the jealousie of being Troublers or Retarders of others in the work of Reformation or publick Settlement Or were we or could we be so in the Reformation not long since attempted otherwise than by not joining to further what our Consciences were not clear in or in not putting our neck voluntarily into a Yoke we conceived was not Christs and therefore would not be easie in the service of Christ 4. We have been blamed more than once for this Surname INDEPENDENT though a title not of our own choice as an insolent assuming Epist ad Buch. pag. 91. Miror etiam viris piis c. saith Spanhemius Truly I marvel that holy men so I judge them though dissenting from us should not themselves be dissatisfied with the very title an Independent Church which seems to me not to stand with the modesty of Christians The defects of all men through the blindness of their minds since the Fall is so great and obvious as no Person or Society can assume to it self an INDEPENDENCY in this respect without intollerable Pride Independency in respect of Power only is another thing Power simply and in it self is no Virtue though Justice Prudence and Fortitude by which it is managed are Not to be in Power is no Sin nor Moral Defect more than not to be Rich or in Honour It is not so much the Praise as the Charge of him that receiveth it the honour and glory of him that can give it of him only it hath its proportion and doth not become greater or less from any worth or industry found in those that receive it as Moral Virtues do Power doth not vary in its kind though the wisdom and ability to manage it be greater or less in him that hath it So that Power whether absolute or limited whether dependent or independent is a most inconsiderable thing in its self to be proud of or glory in If saith the Apostle there be any virtue if there be any praise Phil. 4.8 It is Virtue not Power we should be ambitious of being an excellency in it self and without it Power will be but a lifting us up to our own destruction Whatsoever Virtue or Gift is desirable for the manage of that Power Christ hath intrusted us with we further seek after in consulting other Churches and endeavour that all matters difficult and of common concernment may be proceeded in with joint consent We professedly depend upon Synods for Counsel which comes forth ordinarily from such Assemblies better digested and in a more perfect maturation their part being to advise and give Councel onely for men will not easdy spend much time to untie a knot if there be a knife at hand to out it 5. The Apostle Paul amongst other Reflections met with this from the false Apostles who gave him out in their reckoning as one that made some carnal advantage the scope of his Opinions 2 Cor. 10.2 3. with this hard measure we have met from first to last I am therefore willing to leave some account in the hand of my Friends being now aged and near my period of those Principles that have long through grace kept me and others steady in this perswasion Not only in and through these late Changes and Disputings but divers years before and when no such Encouragements were as are surmised to be our aim but the contrary The Apostle inserts in the midst of his Church-Disputes a whole Chapter in the praise of Charity and tells us in seeking our own for want hereof we are easily provoked and behave our selves unseemly 1 Cor. 13. and apt to think and surmise evil As for me to use David's words the Lord hath upheld me in mine integrity The reflecting thoughts whereof Psal 45.12 have been as the consolation of God in my Soul when I lay many days together by the Graves side Providence hath brought me back into a troublesom world where with patience and perseverance through Christ I shall wait until my Course be finished following peace with all men in the way of holiness without which no man shall see God P. NYE FINIS

all or some of these Propositions following 1. That I King James am not the lawful King of this Kingdom and of all other my Dominions 2. That the Pope by his own Authority many depose me If not by his own Authority yet by some other Authority of the Church or of the See of Rome If not by some other Authority of the Church and See of Rome yet by other means with others help he may depose me 3. That the Pope may dispose of my Kingdoms and Dominions 4. That the Pope may give Authority to some Foreign Prince to invade my Dominions 5. That the Pope may discharge my Subjects of their Obedience and Allegiance to me 6. That the Pope may give Licence to one or more of my Subjects to bear Arms against me 7. That the Pope may give leave to my Subjects to offer Violence to my Person or to my Government or to some of my Subjects 8. That if the Pope shall by Sentence excommunicate or depose me my Subjects are not to bear Faith and Allegiance to me 9. If the Pope shall by Sentence excommunicate or depose me my Subjects are not bound to defend with all their power my Person and Crown 10. If the Pope shall give out any Sentence of Excommunication or Deprivation against me my Subjects by reason of that Sentence are not bound to reveal all Conspiracies and Treasons against me which shall come to their Hearing and Knowledg 11. That it is not heretical and detestable to hold that Princes being excommunicated by the Pope may be either deposed or killed by their Subjects or any other 12. That the Pope hath Power to absolve my Subjects from this Oath or from some par thereof 13. That this Oath is not administred to my Subjects by a full and lawful Authority 14. That this Oath is to be taken with Equivocation mental Evasion or secret Reservation and not with the Heart and good Will sincerely in the Faith of a Christian Man These are the true and natural Branches of the Body of this Oath The CONTENTS CHAP. I. THe Occasion of this Oath various Form and Alteration of it Interpretations of this Oath given in our Laws and Writers of note The nature of our Assent and Stipulation CHAP. II. What is ment by Things and Persons Spiritual or Ecclesiastical in the proper as also in the vulgar use of these Terms CHAP. III. Of Power its rise and original Two sorts of Power in Ecclesiastical or Spiritual Things their Agreement and Difference CHAP. IV. Of the necessity and usefulness of a Jurisdiction over Persons and in Causes Ecclesiastical besides what is in Churches and Church-men This Power is placed in Kings and such as are the supream Governours in a Common-wealth CHAP. V. The Government of particular Churches hath Affinity with Families Cities and the like lesser Bodies more than with the Government of Empires and Kingdoms confirmed in six Instances A Digression Of Independency Name and Thing its consistency with the King's Supreamacy CHAP. VI. Of the Jurisdiction over particular Churches placed in Ecclesiastical Persons as it is 1. Exercised with us in this Nation 2. As it is in other Reformed Churches herein Of Appeals that are properly such in Ecclesiastical Matters these are always to be to the Supream Civil Magistrate only or to such as are appointed by him A Post-script giving some account of the congregational way from such Principles of it as are laid down in this Treatis 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 D. scourse 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 he endeavours to convert the Profits of both Kingdoms to his own Use so that Prince and People were hereby reduced