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 yeâ—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
in usu non erant donee H. Winton Episcop malo suo dum Legatus esset crudeliter intrusit whereof a Monk writes that Appeals to Rome were not in use until Henry Bishop of Winchester by his mischief while he was Legate did cruelly intrude them before this they were made to the King as having supream spiritual Jurisdiction H. 2. was a strong opposer of the Sea of Rome as appears by the Story of Thomas of Becket and by the Laws made at Clarendon abridging the Popes authority forbidding Appeals and payment of Peter pence Guliel Nubrigens Cro. Anglor 1.2 c. 16. Mat. Paris Anno 1164. Roger Hovenden f. 496. and commanding that none should bring Decrees from Rome to be executed here on pain of Imprisonment and confiscation nor Bulls of interdicting the Realm on pain of high Treason Generally this King asserted and maintained his supream spiritual Jurisdiction but he began a little to relent when the Pope armed his sons and Neighbours against him he constantly made all the resistance he was able against the incroachment of the Clergie and for the vindication of his own Right as his Laws also testifie in matters spiritual King Richard 1. Coke Epist 6 Rep. gave the Bishopricks by the investiture of the Ring and Staffe which was a great testimony of this Jurisdiction acknowledged to be in him He went further in a Droll which brought him in Money to make a Bishop an Earle Mat. Paris p. 144. 50. Juvenem feci Comitem de Episcopo veterano saying That of an old Bishop he had made a young Earle He granted great priviledges and exemptions to some of his Clergy and Subjects of Normandy as well as those in England 5. The next are the Reigns of King John and Henry the 3. who exercised the like Jurisdiction Mat. Paris anno 1203. 1216. yet it must be acknowledged that in King Johns time the power of the Bishop of Rome did swell to a great height in this Kingdom the Pope neglecting no means for the increase thereof For which end he scrupled not to absolve the people of England from their Oaths and Allegiance to their Soveraign And then turning the Tables interdicting the Kingdom for opposing his will and pleasure By which means he brought the King to surrender the Crown to the Popes Legate and to take it again as his Farmer But the Barons were so sensible of the Right and Supremacy of the Crown of England that they told the Legate That the Kingdom of England never was nor should be St. Peters Patrimony and spoke homely of the Clergy Polydore Virgil. in Joh. l. 15. who assisted the Popes proceedings crying out upon these shrivled Ribbaulds Neither this King nor any that succeeded him observed any part of this Submission And notwithstanding all this Not. in Eadmar p. 143. donationem baculi pastoralis Abbathiae de Nutlega the same King held it not only his Right himself to give the Pastoral Staff but granted this Right to others As to William Marshal and his Heirs he granted the Donation of the Pastoral Staffe of the Abbey of Nutlege which was a meer spiritual Right and exercise of Supream Jurisdiction in those matters In the time of his son H. 4 H. 3 7 H. 3. prohibition 15. H. 3. prohibit 15. 22. to 5. respectes Cas. 11. f. 3. prohibitions were very frequent which is a strong vindication of this Jurisdiction in the King. So was the writing in the Kings name to the Bishop to absolve a Person Excommunicate and to certifie Loyalty of Marriage Bastardy and the like which were often done in this Kings Reign Also in this Kings time 45 H. 3. rot stans in 14. dorso there are some Records yet extant by which it is forbidden that any man be drawn in Plea out of the Realm there being sufficient Jurisdiction in the King to do his Subjects Justice in all matters whatsoever 6. We may now look into the Reigns of Edw. 1. and Edw. 2. and find the same Jurisdiction exercised by them E. 1 E. 1. rot stans in 5. dors 1. A stout and wise Prince did much recover this right to his Crown He would not suffer those of the Clergy to go to Rome without his Licence In his time the Statute of Mortmaine was made 7 E. 1. stat of Mortmain which much â—mpaired the growth of the Clergy and increased the Kings Juâ—isdiction He forbad the Popes Provisions without his knowledge and leave 11 E. 1. rot fin M. 5. 11 E. 1. c. 32. â—nd shortly after this was the Statute of Carlisle made which reâ—ites the Usurpations of the Pope in giving Ecclesiastical Benefiâ—es to Aliens and Enacts that those oppressions should be no more suffered This King denyed William of Nottingham to prosecute his Appeal to Rome because it would infringe the Kings Jurisdiction 18 E. 1. Petitiones coram Rege f. 1. 3. but bad him to enter it here if he would He set a penalty upon the Provisions of Appropriation 18 E. 1. Pleas in Parliament 28 E. 1. in Scaccario and being cited by the Pope to appear before him The great Council were highly offended at it and wrote to the Pope that it was notorious That the King of England was not to appear before â—he Pope or any other and although he would yet he could not do it being himself Supream in those as well as other matters This King denyed the Popes Bulls and Peter pence 33 E. 1. lib. â—pud Turrim f. 1. 114. 35 E. 1. 16 f. 150. 35 E. 1. rot Pat. M. 25. Sr Jo. Davis Rep. f. 95. and other Exactions of Rome and would not Licence his Bishops to repair to the General Council till they had taken an Oath not to receive the Popes Blessing He regarded not the Popes prohibition of his Wars against Scotland He forbad the payment of First fruits to the Pope and seized the Temporalties of the Clergy for refusing to pay him a tenth though the Pope forbad them In his time 50 E. 3. lib. Assis pl. 19. Brook praemunire 10. Coke 5 Rep. Eccles Case f. 12. 9 E. 1. quare admisit 7. 39 E. 3. it was adjudged Treason for one Subject to bring in a Bull of Excommunication against another and a high contempt against the Crown to bring in Bulls of Provision or Briefs of Citation And the Arch-bishop of York had all his Lands seized into the Kings hands and lost during his life for a contempt in refusing to admit the Kings Clerk to a Benefice against the Popes Provision and all this was held to be according to the Common Law of England and an high Testimony of the Kings Supremacy In E. 2. time Stat. 9 E. 2. the Clergy put up again for a share of this Supremacy and got the Statute of Articuli Cleri to be made but in them the Right of the Crown is reserved and manifested This King by his
Treason to withdraw any from our Religion to the Romish 23 El. c. 1. 27 El. c. 1. Jesuits and Priests are to depart the Realm and not return on pain of Treason Next was a severe Law made against Seditious Sectaries 35 El. c. 1. frequenting Conventicles on pretence of any exercise of Religion contrary to the Queens Laws and so it must be and whether this Act be continued or not was questioned King James proceeded in the wayes of Queen Eliz. as to spiritual matters 1 Jac. c. 4. That her Acts against Romish Priests be put in Execution but with favour upon Conformity Sundry Acts were made in his time touching fasting days 1 Jac. c. 2â— 29. 3 Jac. c. 1. 3 Jac. c. 4. Prayer for delivery from the Gun-powder Treason for repressing and discovering of Popish Recusants and against absolving to the Church of Rome and penalties for not coming to Church In none of which the Kings power of Indulgence is impeached or named There is also an Act of King Charles 1. for reforming abuses on the Lords day and to restrain sending any beyond Sea to be popishly brought up and others of like nature In all these Princes Reigns the writing to the Bishops to absolve Persons Excommunicate to certifie Loyalty of Marriage Bastardy c. and Prohibitions to the Ecclesiastical Courts were very frequent and testimonies of together with a quiet enjoyment of their Supream Spiritual Jurisdiction which consequently carries the Right of granting Induigence in Spiritual matters along with it CHAP. VI. 10 H. 7. Rex est persona mixta unita cum Sacerdotibus Ab Gloss in c. de decimis Rex non praeesse debet in spiritualibus ut in temporalibus A. B. C. de sacro sanct unctionibus Quod Rex mere Laicus non Ecclesiasticus aut mixtus quanquam unctus nec spiritualibus aut temporalibus quoad ecclesiam se immiscere posse In ordine ad spiritualia That the right of granting Indulgences in Spiritual matters is in our King. 1. THis right is in the King of England as he is a mixt Person capable of Spiritual Jurisdiction This was affirmed by Judge Bryan in H. 7. time and that the King is a mixt person and united to the Priests of holy Church But the Canonists say that the King is not Supream in Spirituals as he is in Temporals and they labour much for their own and their Masters interest to make it good Some Doctors affirm that a King is a mere lay person and not an Ecclesiastical or mixt Person although he be annointed and that he cannot intermeddle with matters Spiritual or with matters Temporal which do concern the Church It is much for them to abridge a Kings Power in matters Temporal but it is not the first time they have made use of the Words in order to Spirituals to the prejudice of the Power of Princes Nor doth their opinion determine the Laws of England by which our King hath this Jurisdiction The stories of other Kingdoms as well as of this do manifest the exercise of Supream Spiritual Jurisdiction by Princes and the Non Obstante of the Doctor though the King be anointed is no small objection in their way carrying Testimony that Kings are mixt persons Especially as it relates to our King Caâ—ibut Downings discourse of the States Ecclesiastical p. 57. whose Anointing is only ancient among the Princes of Christendom The old Rhime of Robert of Gloucester is mistaken which saith of Alured And he was King of England of all that there come That verst thus yeled was of the Pope of Rome Oyled or anointed For Gildas mentions the anointing of the ancient British Kings although in a bad sence Galfred Muneth l. 9. c. 3. and the Monk of Malmesbury the anointing of Egbert before Alured Jothams speech to the Israelites 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Isa 45.1 That the Trees went to anoint them a King and that which is rendered they went to make Abimelech King is in some Greek Copyes they went and anointed Abimelech to be their King. This was about 200 years before the beginning of their Kingdom in Saul who with his Successors were anointed So also was the King of Syria Hazael and Cyrus King of Persia in the holy Prophecy is called the Lords anointed a frequent expression of Kings in Scripture I meddle not with the Miracle Ceder Roda senim tract Kerisos Lyr ad Ri. 3. that the Holy Oyl which was consecrated in Moses time and used in this Vnction continued without diminution until the Captivity But from those Examples in the Holy Story the Kings of Christendom took their custom of being anointed Our Soveraign is anointed by the Arch-bishop of Canterbury The Emperors when they were Kings of France were anointed by the Arch-bishop of Rhemes and as Emperors by the Arch-bishop of Mentz Colen and Triers But the Kings of France of the first line were not anointed Du. Haillan l. 1. de la premiere lignee oinct ny Sacrèe as their Historian testifies and in a second place saith plainly and peremptorily There is no mention in our Antiquities of the anointing of the Kings of the first line Though the Kings of Spain are anointed by the Arch-bishop of Toledo Nâ—est faicte aucune mention de sacrèe ny de onctionee Reys de la premiere lignèe The Kings of Denmark he means of Sweden by the Arch-bishop of Vpsal The King of Poland by the Arch-bishop of Guesne The Kings of Hungary by the Arch-bishop of Strigon The Kings of Navarre by the Bishop of Dampetune yet none of them were anciently anointed but now are and this real Relation doth more peculiar and appropiate the State Spiritual to our King. And by it Downing f. 96. he is more than a lay man he is a mixt person having Supream Ecclesiastical as well as civil Government 2. Nay the King of England is not only a mixt Person but in some sence he may be termed a Spiritual Person whereof the former Note of his being Anointed and by Spiritual Persons is some Argument The use of Oyle or Unction amongst the Gentiles and Jews Causabon ad Baron Annal. exercit 14. An. 32. Numb 26. whereby they would have even inanimate things Sacred by pouring Oyl on them may be omitted All hold the Anointing of Kings to difference them from Lay persons and that it put a kind of Sacredness upon them as making them Spiritual persons Hence the French word for it is sacree as it were a consecration or dedication of the King above all others to the Service of God in Spiritual matters That Kings anointed with holy Oyle Reges sancto Oleo uncti sunt Spiritualis Jurisdictionis capaces 33 E. 3. tit Ayd du Roy. Guimer tit 12. §. 9. Quod Reges inuncti non sunt mere Laici Psal 105.15 2 Cor. 1. are capable of spiritual Jurisdiction was a sentence applyed to our King in the time
little reason to except against the one as the other or to impose Conformity in Opinion as in Complexion But these who are no kin to Moses fancy Impossibilities when they fancy an Extirpation by these means did the Massacre in France Extirpate those of the Religion It did indeed those who were Murthered but it made the Dissent to grow They are like Camomile the more they are bruised and trod upon the more they flourish as the stories of the Church do manifest In the last and best place it will be found that the granting of Indulgence is the surest and most probable way of preserving the Publique Peace But hereof there will be occasion to Treat more at large in a following Section 5. Another ground of Polity for the allowing of this Indulgence is for the Advancement of the TRADE of the Kingdom The Dissenters are generally Sober Industrious Trading men not Debauched Drones Born only to consume Corn and Wine but such as can do more Service for their Prince than meerly to Drink his Health Every Trader Merchant or Artificer bringeth Wealth to the Publique and adds to the Kings Revenue they are considerable Members of a State and add much to common Riches and Safety Merchants are honourable and Artificers had the title of Fathers and both deserve encouragement But without this Indulgence there will need no Law to banish multitudes of these men they will banish themselves if they cannot enjoy their dearest interest the Liberty of their Conscience If this be denyed them in their native Country they will seek it in the remotest Regions rather than not enjoy it And they will be welcome wheresoever they go Even Pagans will allow them this liberty if their fellow Protestants will not But I suppose and hope that no sober English man will think of any such way as extirpation by banishment or death of those who differ in Opinion from them If these Dissenters be encouraged by Indulgence it will highly tend to the advancement of the Trade of the Kingdom If they be forced out of it the Nobility and Gentry will find it in the decay of their Rents the King will find it in the emptiness of his Coffers and the People as well as their Prince will be sensible of the mischief upon any contest with Forreigners 6. Another ground of Polity for the granting of this Indulgence is That thereby the People of the Kingdom will be increased they will be kept from going out of it and live comfortably and increase within it But by denyal of this Indulgence the great numbers of People and their Children and Childrens Children which will leave the Kingdom and be born and inhabit other Countries will dispeople and weaken England The strength and wealth of a Prince and People consists in their multitude happy is that Prince who hath his Quiver full of People He shall not be ashamed when he speaks with his Enemy but the loss of every single Industrious Man is a loss both to King and Kingdom It was the blessing to Abraham Gen. 17.5 that his Seed should be as the Stars of Heaven for multitude and therefore God would have his Name called Abraham for a Father of many Nations have I made thee And the Word Abraham signifies a high Father of a multitude Every Prince is a Father of his Country Pater exce'sus multitudinis and the more Subjects he hath the more Children he hath and the more happy and strong he is and the loss of any one is the loss of a Child to him It was the answer of Queen Elizabeth to her Parliaments advice for her to marry that she might have Children to succeed her That every English man was her Child Now the granting of this Indulgence will keep the Children at home with their politique Father whose Riches and Honour and Strength will be increased by their increase But by driving them away the Prince will lose his Children impare his Revenue and weaken his Kingdom incourage a Forreign Invasion and Domestick troubles 7. Another ground of Polity for this Indulgence is because thereby the Persons to whom it is granted will be brought to an intire dependence on their Prince who grants it No interest in the world is so dear to these Dissenters as the liberty of their Conscience and where they have this the interest of it obligeth them to be faithful to that Power which gives it else they are not faithful to their own interest Nothing binds more firmly than Interest and no interest is more strong to bind more beloved or more desired than this Freedom and therefore bindeth those to faithfulness where they have it Subjection is due in regard of Protection and where these Men have the liberty of their Consciences from a Prince the interest of preserving that Liberty obligeth them to be faithful to and to preserve his Power by which this great interest of theirs is preserved If the Prince fall who grants this Liberty the Liberty falls with him they that will maintain the Gift know that they must support the Giver also It is safe for a Prince by such ways to oblige his Subjects especially such as these who are for the most part of constant stout and industrious Spirits to a dependance on him whose service will be the more available to him And it is their Tenet that this Indulgence cannot be enjoyed with so much certainty and stability under any other as under their native Legal Government Religion hath its name from binding and there can be no firmer bond of Subjects to their Soveraign than when they enjoy the freedom of their Religion from their Princes favour and the continuance of this highest comfort and interest depends upon the safety and good of him that grants it 8. The last ground of Polity which I shall now mention for the granting of this Indulgence is because thereby Mens minds will be satisfied Whilst Dissenters are in doubts and fears least they may be punished and persecuted for their Dissent whilst they see and feel Laws rigorously executed upon them or others in the same condition this perplexeth their thoughts disturbs them in their business causeth them to transport their Stocks or part of them into other Countries and sometimes their Persons and Trades with them which hath been no small detriment to England heretofore and may it be so no more But by such Indulgence Mens minds will be quieted they will chearfully and undisturbed follow their Vocations whereby Trade will be promoted and the Wealth Strength and Peace of the King and his Kingdom will be advanced CHAP. III. That from Grounds of PIETY it is fit to grant Indulgence in Spiritual Matters 1. Matt. 2.12 I Shall consider the ground of Piety To do as we would be done unto which is part of our Saviour's Sermon Whatsoever ye would that men should do to you do ye even so to them and he is pleased to give a Reason of it For this
of E. 3. and to his Predecessors 〈◊〉 Successors And Guimer in his Comment upon the Pragmatical Sanction of France is peremptory that anointed Kings are not meerly lay Persons And he adds that from thence it is that the Kings of England do bestow Benefices The anointed King David puts Prophets and anointed Persons together Touch not mine anointed and do my Prophets no harm and Christs Ministers are frequently stiled Gods anointed If our King as undoubtedly he is be a spiritual Person it is not improper for him to grant Indulgence in matters Spiritual The Kings of Israel took themselves to be spiritual Persons and and to have spiritual Jurisdiction as the Judgment and Actions of Moses Joshua the Judges and their Kings do show The excellent and Pious Sermons and Exhortations made by Moses Joshua Samuel David Solomon Hezekiah Jehoshaphat and others do testifie their being Spiritual Persons So doth that passage of our first Christian King Lucius Antiquit. Britan p. 6. that he laboured the Propagation of the Gospel of Christ and that having transported an Army into France Dum Duces sui bellica tractarent officia ipse evangelio praedicando assiduus suit whilst his Captains were imployed about the business of the War he himself was diligent in Preaching of the Gospel Our last Saxon King Edward gained the title of Confessor And who so reads the Book of our late King Charles the first will find that he had admirable Endowments in Spiritual as well as Temporal things Though it be not a personal Duty in a Prince to Preach yet he is trusted to promote the Gospel as a principal part of his Duty and for a Prince to Preach is no strange thing nor any disparagement the great Solomon is called the Preacher and they may Preach if they please which is an argument of their being Spiritual Persons and that of their fitness to give Indulgence in Spiritual matters 3. If our King were not to be taken as a Spiritual Person he could not so properly be Head of the Church in England which by our Law he is and therefore the more capable and fit to grant Indulgence in Spiritual Matters The Passages before in part remembred of the actings of our elder and later Kings 16 R. 2. c. 5. do sufficiently evince them to have been Heads of the English Church An Act as ancient as R. 2. time declares that the Crown of England hath been so free at all times that it hath been in no earthly subjection but immediately subject to God in all things H. 8. settling this Supremacy in himself and his Successors by the Act in the 24th year of his Reign 24 H. 8. c. 12. recites that by authentick Histories and Chronicles it appears that this Realm is an Empire and so hath been accepted in the World governed by 〈◊〉 supream Head and King unto whom the Spiritualty and Tempor 〈…〉 een bounden and owen to bear next under God a natural and humble Obedience In the next year an Act prayes thus 25 H. 8. c. 21. In regard your Majesty is supream Head of the Church which the Convocation hath recognised that it may be enacted c. Another Act settles it more expresly which recites That although the King rightfully is and ought to be supream Head of the Church of England and so is recognized by the Clergy in their Convocation yet for confirmation thereof and increase of Virtue and to extirpate Errors and Heresies it enacts That the King shall be taken and reputed the only Supream Head in Earth of the Church of England And shall have and enjoy annexed and united unto the Imperial Crown of this Realm as well the Title and Stile thereof as all Honours Dignities Preheminencies Jurisdictions Priviledges and Immunities to the said Dignity of Supream Head belonging In his Sons time it was enacted to be High Treason 1 E. 6. c. 12. to affirm that the King is not or ought not to be Supream Head in Earth of the Church in England immediately under God or that the Bishop of Rome or any other than the King of England is or ought to be by the Laws of God Supream Head of the same Church This Title was challenged by the Pope over all the Churches of Christendome but the several Acts of Parliament declare it to have been and to be the right of our Kings And if it ever did belong to any Spiritual Jurisdiction to grant Indulgence in Spiritual Matters it is by these Acts given to the King. The Pope when he claimed the Title did give Indulgence in greater matters therefore it may be allowed to our Kings under this Title to grant Indulgence to some of their Subjects Dissenters as to some minuter matters of Religion as Forms or Ceremonies in Church Discipline c. 4. We may examine from the ground of Reason whether it be not fit that this Right should be in the King. When a suddain Tumult and Insurrection hath broke forth into a dangerous Rebellion the King hath in that exigency granted some temporal Indulgences Manumissions and other Immunities and Pardons which at another time he would not grant yet this in reason and consequence hath been approved a violent Storm being thereby avoided and appeased and danger to the King and Kingdom prevented May it not fall out upon the like grounds of reason that the King who is the publique Sentinel forseeing any Tempest or Danger or the decay of the Trade Wealth or Strength of the Kingdom may thereupon and to prevent it grant Indulgence to his Subjects in Spiritual Matters If this Power should be denyed him it cannot in reason be expected that he should be so well furnished without it as he should be to prevent a common Mischief or Danger Bishop Taylor hath a Rational as well as Theological Discourse on this Subject It is saith he a great fault Bishop Taylor 's Book of the Liberty of Prophecying pag. 536 537. that men will call the several Sects of Christians by the name of several Religions All the Sects and all the Pretences of Christians are but several Species of Christianity if they do but serve the great End as every man for his own Sect and Interest believeth for his share he does In reason the Prince is to Order and Indulge such of them as he thinks fit the better to serve his great end To Tollerate is not to Persecute and the Question Whether the Prince may Tolerate divers Perswasions is no more than whether he may lawfully Persecute any man for not being of his Opinion If he ought not in Justice and Reason to do this it follows in reason that he have a Power to Indulge them The Prince is just to Tolerate diversity of Perswasions as he is â—o Tolerate publique Actions for no Opinion is Judicable nor â—o Person Punishable but for a sin If the Non-conformity be no Sin it is reason that it be Indulged and in reason none is so
but were the Children and Posterity of those and were now become Natives and Denizens of England and therefore ought to yield the same conformity to the Laws as others of the Kings Subjects did and for that reason in regard of their Non-conformity he said he moved his Majesty to take away that Indulgence from them But this Answer was not approved the King thought fit to continue his Grace and Favour to these Sons of Strangers and to preserve his own right in granting and confirming this Indulgence The Arch-Bishop acknowledged this Right to be in the King by moving him to take it away and the Parliament acknowledged it to be in the King by their not being satisfied with the Arch-Bishops answer to their Charge about it and by their Proceedings in it And the confirmation and continuance of this Indulgence in Spiritual matters to the Children of those Strangers now become Natives of this Kingdom which they justly and deservedly enjoy to this day under the Goodness and Favour of our present Gracious Sovereign is no slender Argument of his Majesties Right to grant the same and to grant the like Indulgence to any other of his Loyal Subjects Another Precedent in our time is upon several Acts of Parliament in the time of Queen Elizabeth and King James â—â— El c 2. â— Ja. c. 4. â— Ja. c. 5. by which all Jesuits and Romish Priests are prohibited from coming into this Realm upon Pain of High Treason and Rewards are given to those who shall discover them here and Forfeitures for saying or hearing of Mass And in these Statutes nothing is mentioned or reserved as to the Kings right of Dispensing with them or granting Indulgence upon them Nevertheless we all know that in our time all along upon Reasons of State for publique Service and Occasions and upon Contracts of Marriage by our Kings with Forreign Princes upon great Advice and publique Treaties it was thought fit and lawful that our Kings should grant Indulgence to such Romish Priests and such a Number of them as was agreed and held expedient for attendance in the Courts of their Royal Consorts And although nothing thereof is mentioned in those Statutes yet no question hath been made upon the Kings right of Indulgence on this occasion but the same remains undisputed and acknowledged And surely upon the same grounds of Reason and Law by which our Kings have and exercise this right of granting Indulgence to the Chaplains and Servants of our Queens though Romish Priests and English-men and no reservation thereof in those Acts of Parliament but this right taken as Inherent in the Crown our King may likewise owe Indulgence to any other of his Subjects differing in smaller matters of Religion There will be no need to mention the Precedents in our time of the late Kings Order That no Children of any of the Nobility should be Marryed without a particular License from the King which he granted and sometimes permitted the Arch-Bishop to grant Nor of the Kings granting of Licenses or Indulgences under the Great Seal to Persons and their Heirs to Eat Flesh on Fasting-dayes and in Lent although in the Statute 5 El. no reservation or mention is of the Kings Power to grant any such Indulgence but he doth it by Vertue of his Supream Right in matters Spiritual That one precedent of the Indulgence granted and continued to those of tâ—â— French and Dutch Protestant Congregations is a very full testimony and acknowledgment of this right to be in the King and that when he pleaseth he may extend and grant the like to any other of his Native and faithfull Subjects of this Kingdom 9. Not only precedents of elder and later and of our own time do affirm this right to be in the King but it seems also warranted to be in him by several Acts of Parliament We may look as high as the time of E. 1. 11 E. 1. c. 32. in the Statute of Carlisle forbidding the Provisions of the Pope without the Kings Licence If then he might grant that Indulgence more strongly he may do it now The Statutes of praemunire doe highly assert the Kings right as do those of Provisions and are before in part mentioned To come to those which seem nearer our matter By the Statute of 25 H. 8. it is enacted That Appeals from places exempt which were to the See of Rome 25 H. 8. c. 19. shall be to the King in Chancery which asserts his right in those matters a fortiori in granting the Indulgence now desired By the Statute in the 26 year of this King it is enacted That the King may order c. as by any spiritual Authority or Jurisdiction ought or may lawfully be Ordered c. If then it did or doth belong to any spiritual Jurisdiction to grant Indulgence in spiritual matters it is by these Statutes given unto the King. But the Pope practised to grant Indulgences in greater matters than any upon earth even to the Pardon of sins and freeing Souls out of Purgatory which will not be taken as a precedent And as the Law of the Church was before this Statute taken he might lawfully grant Indulgence in any spiritual matters whatsoever and indulge any Non-conformity It therefore follows that by this Act the King hath the same right and may lawfully order and grant Indulgence in the matters for which the same is now desired By the Statute 28 H. 8. is recited That the Bishop of Rome 28 H. 8. c. 16. for profit used to grant to the Kings Subjects divers Authorities Faculties Licenses Indulgences c. And it enacts that all Dispensations from the Sea of Rome shall be voyd and that the effects and contents of Bulls Faculties c. purchased of the Sea of Rome which shall be allowable shall be confirmed under the Great Seal By the Judgment of this Parliament this right of Indulgence was declared and enacted to be in the King And that such Indulgences c. as were necessary and allowable for the people to have whereof the King was Judge should in the effect of them be passed under the Great Seal that is by the King whose Warrant to the Chancellor doth authorize him to pass a Grant under the Great Seal accordingly The Statute of 1 El. reeites that in H. 8. time divers good Laws 1 El. c. â— were made for the extinguishment of all usurped and forreign Powers and Authorities and for the restoring and uniting to the Imperial Crown of this Realm the ancient Jurisdiction thereto belonging by reason whereof the Subjects ever since enjoyed good order and were disburthened of the intollerable Charges and Vexations so usurped on them That Act abolisheth all forreign Jurisdiction Spiritual or Ecclesiastical within this Realm and Enacts That such Jurisdiction Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority had heretofore been or lawfully might be exercised or used for the Visitation of the Ecclesiastical State
imposeth on the Consciences of all his Subjects and that upon a most severe and capital punishment Whoso falleth not down and worshippeth Dan. 3.6 shall the same hour be cast into the midst of a burning fiery furnace All conformed to this Law except a few godly Jews and against them some envious pick-thank Caldeans complained to the King and accused Shadrach Meshach and Abednego that they would not conform and designed to persecute them to their destruction They informed the King Dan. 3.12 13 14. These men O King have not regarded thee they serve not thy gods nor worship the Golden Image which thou hast set up Then Nebuchadnezzar in his rage and fury commanded them to be brought before him and examined them who stoutly professed their Religion and confidence in God. Then the King commanded that they should heat the furnace one seven times more than it was wont to be heat and these men were cast into the midst of the burning fiery furnace But to the astonishment of the King and all the Persecutors they were delivered and the King blessed the God of Heaven Blessed be the God of Shadrach Dan. 3.28 Meshach and Abednego who hath sent his Angel and delivered his servants that trusted in him and have changed the Kings word and yielded their bodies that they might not serve nor worship any God except their own God. The King and the Persecutors were convinced and a Decree was made that none should speak amiss of the God of Shadrach Meshach and Abednego Of this King it is said When his heart was lifted up and his mind hardned in pride he was deposed from his Kingly Throne Dan. 5.20 21. and they took his glory from him and he was driven from the sons of men and his heart was made like the beasts and his dwelling was with the wild asses they fed him with grass like an ox and his body was wet with the dew of heaven till he knew that the most high God ruled in the Kingdoms of men and that he appointeth over it whomsoever he will. 5. Dan 6.4 5 c. In the time of King Darius there were envious Persecutors of godly Daniel who sought occasion against him concerning the Kingdom but they could find none occasion or fault They would fain have removed him from his Preferments to have made way for themselves and when they could find no default in him as to his Civil imployments forasmuch as he was faithful as most Nonconformists are neither was there any error or fault found in him Then the Persecutors said We shall not find any occasion against this Daniel except we find it against him concerning the Law of his God. Hereupon they sought to intrap him and acquaint the King That all the Presidents Princes Governours Councellors and Captains a great publick Councel had consulted together to establish a Royal Statute and to make a firm Decree That whosoever shall ask a Petition of any God or man for thirty days save of thee O King he shall be cast into the den of Lions and they prevailed with the King to sign the Decree Then Daniel when he knew that the Writing was signed he went into his house and his windows being open in his Chamber towards Jerusalem he would avow his profession and worship not withstanding the Law to the contrary he kneeled upon his knees three times a day and prayed and gave thanks before his God as he did aforetime This provoked the Persecutors they inform the King of it who was willing to save Daniel but they insisted on the Law of the Medes and Persians which altereth not Hereupon Daniel was cast into the Lions Den but his God preserved him and he was taken forth again the next day but the Persecutors and their Wives and Children were cast into the Lions Den and the Lions had the mastery of them and broke all their bones in pieces or ever they came at the bottom of the Den. 6. We may come to the highest of Persecutions to that of our blessed Lord and Saviour Christ Jesus His persecution began betimes shortly after he was born and continued till his Death and will continue against his Members till his coming again in Glory Matt. 2.13.16 Herodes Ascalonita sought the young Child to destroy him and when he saw that he was mocked of the Wisemen he was exceeding wrath and sent forth and slew all the Children that were in Bethlehem and in all the coasts thereof from Two years old and under according the the time be had diligently inquired of the Wisemen This bloody persecutor as Josephus relates was severely punished by God for his barbarous persecution of our Saviour Josephus Antiquit. l. 17. c. 7. l. 17.7 De Bello Judaic c. 21. Mat. 4.1.2 Mat. 12.14 Matt. 22.15 Matt. 26.3.4.59 47. and of these innocent and young Martyrs The grand Persecutor Satan tempted the Lord of Life in the Wilderness when he fasted Forty days and Forty nights After the Miracles which he had wrought it is said that then the Pharisees went out and held a Councel against him how they might destroy him Then they consulted how they might intangle him A publick Councel of the chief Priests Scribes and Elders consulted that they might take Jesus by subtilty and kill him and to this end all the Councel sought false Witness against him to put him to death His own Servant betrays him the Multitude with Swords and Staves from the chief Priests and Elders of the People apprehend him and lead him to the Councel Matt. 26.66.67 who pronounce their Sentence against him He is guilty of death then they spit in his Face buffet him and smite him After all this they still take councel against him to put him to death they bound him and led him away and delivered him to Pontius Pilate the Governour who when the Rabble cried out Crucifie him Matt. 27.28 29.30 34. released Barrabas and scourged Jesus and delivered him to be crucified but of all others the Soldiers used him most spitefully they mocked him put a Crown of Thorns upon his Head spit upon him Jo. 19.34 smote him and led him away to crucifie him They gave him Vinegar to drink mingled with Gall and pierced his side with a Spear after he was dead Thus was our blessed Redeemer rewarded by men for all the good he did for them they persecuted him to death who brought them Eternal life and glory But it were presumption to speak of that glorious Passion and all the Persecution of the Lord of Life in this small Treatise and by so weak a hand which the Pen of the Holy Ghost hath described Joseph Antiq l. 18. Eutropius L. 7. We may only Observe of his Persecutors that Judas hanged himself Pilate and most of the Councel that condemned him were as Eutropeus and others affirm afflicted with many and sharp miseries in thâ—ls life and with violent deaths besides their
Servant of Christ Jesus 9. This Section and Chapter may be concluded with a Contemplation of the Comfort of Persecution It was the condition of the holy Apostle Paul and will be the Condition of all faithful Servants of Christ 2 Cor. 6.4 5 8 9 10. to be in much Patience in Afflictions in Necessities in Stripes in Imprisonments in Tumults in Labours in Watchings in Fastings by Honour and Dishonour by evil Report and good Reports as Deceivers and yet True as Unknown and yet Well-known as Dying and behold we Live as Chastened and not Killed as Sorrowful and yet always rejoycing as Poor yet making many Rich as having nothing and yet possessing all Things Our Master Christ Jesus being Lord of all yet was pleased to indure the greatest Persecution for our Sakes shall not we then be willing to indure short Persecutions for his Sake and the Gospels These Persecutions will be Comforts and Blessings to all that faint not but persevere in Righteousness to the end The Discourse of Bishop Hall Bp. Hall Decad. 5. Epist 5. is heavenly on this Subject The Bone that was disjointed cannot be set right without Pain no Potion can cure us if it work not it works not unless it make us Sick we are contented with the Sickness which is the way to Health we are afflicted not overpressed needy not desperate persecuted not forsaken cast down but perish not Fear not these Stripes are the Tokens of his Love he is no Son that is not beaten yea till he Smart and Cry if not till he Bleed No Parent corrects anothers Child and he is no good Parent that corrects not his own What we lost in our height we recover in our Misery a conformity to the Image of the Son of God. He that is not like his elder Brother shall never be Co-heir with him Lo his Side Temples Hands Feet all bleeding his Face blubber'd ghashly and spit on his Skin all pearled with a bloody Sweat his Head drooping his Soul heavy to the Death No man can follow Christ without his Cross much less reach him and if none shall reign with Christ but those that suffer with him what shall become of those jolly Ones of this World Go now thou dainty Worldling and please thy self in thy happiness Laugh always and be ever applauded it is a woful Felicity that thou shalt find in Opposition to thy Redeemer He hath said Blessed are ye that weep who can believe this and not rejoyce in his own heart Why blessed For ye shall laugh Behold we shall weep on Earth shall laugh in Heaven we that now weep with Men shall laugh with Angels we that weep for a Time shall laugh for Ever Who would not be content to defer his Joy a little that it may be Perpetual and Infinite In Heaven you shall see no more Palms than Crosses you shall see none crowned but those that have wrestled with Crosses and Sorrows to Sweat yea to Blood and have overcome and overcoming ye shall be crowned A reward truly great a Crown for a few Groans an Eternal Crown of Life and Glory for a short and momentary Suffering How just is St. Pauls account That the Afflictions of this present Life are not worthy of the Glory which shall be shewed unto us What say you Would you not be afflicted Would you not be persecuted Whether had you rather mourn for a while or for ever One must be chosen Whether had you rather rejoyce for one fit or always you would do both Pardon me it is a fond Covetousness and idle Singularity what that you alone may fare better than all Gods Saints That God should make that way smooth to you which all the Patriarchs Prophets Evangelists Confessors Christ himself have found rugged and bloody A way with this Self-love and come down you ambitious Sons of Zebedee and ere you think of sitting near the Throne be content to be called to the Cup. Now is your tryal let your Saviour see how much of his bitter Potion you can pledg then shall ye see how much of his Glory he can afford be content to drink of his Vinegar and Gall and ye shall drink new Wine with him in his Kingdom The shortest Persecution thou canst undergo for the Satisfaction of thine own Conscience for the Truth of Christ will prove the greatest Blessing and Comfort to thy Soul. CHAP. IX Observations upon Examples of Indulgence in Spiritual Matters 1. IN this Argument We may take a rise from before the Flood and find that in all Ages to this day generally Indulgence hath been given in Spiritual Matters and the right of giving it exercised by Monarchs and we may begin with the Indulgence which Noah had Noah was a just man Gen. 6.9 11. and perfect in his Generations and Noah walked with God but the earth was corrupt before God and filled with violence Noah differed as much from the People of the Earth in his Perswasion as could be yet even that corrupt Generation indulged Noah and his Family to enjoy the freedom of their Conscience and Noah himself was a Preacher of Justice 2 Pet. 2.5 Rabbi Eliezer c. 22. and as a Rabbi saith he preached to the old World and said Turn ye from your ways and from your evil Works that the Waters come not upon you and cut off the whole Seâ—d of the Sons of Adam But some may object That Noah was a King and might give Indulgence to himself and he received none from others It is acknowledged that Noah was a King both before and after the Flood and of the ten Kings of the Chaldaeans who reigned before the Flood the last is reckoned by Cedren and others to be Xisuther who was Noah and in him some of the Greek Stories continue that Eastern Kingdom of the Chaldaeans through the Flood and affirm that Noah was King about 180 years before the Flood and that his Kingdom continued to his Death and that then he bequeathed it to his Son Seth. But I shall not make much inquiry into this matter if he were a King he gave good Example by seeking to convert his People by preaching rather than by punishing of them If he were not a King then was the Indulgence that he enjoyed the more considerable and may be also exemplary 2. The next Indulgence which we meet with in order of time in the holy Stoâ—y is that which was enjoyed by the holy Patriarchs Every Father of a Family was Prince and Priest in his Family and ordered matters of Divine Worship as he thought best and we read of no Persecutions among them Abraham by the Direction of God Gen. 12.3 5 6 7 8. with his Wife and his Nephew Lot and all their Family went from Haran into Canaan and there built an Altar and called upon the name of the Lord. And tho the Canaanite was then in the Land yet Godly Abraham would not neglect the true Worship of God even amongst those
at liberty them that are bruised and surely he hath not sent any of his Officers to bruise his Members and to take away their liberty or lives from them The Son of God saith If the Son make you free ye shall be free indeed How contrary is it for those in Power to impose upon the Consciences of them under Authority whereby they take away that freedom which the Son hath given to all his Servants He saith Ye shall be free But these imposers say Ye shall not be free Proud Flesh contradicts the Spirit Man God the Creature his Creator and Redeemer 8. The Holy Disciples of our Lord Christ inspired and instructed by him followed the Example of their Master in giving Indulgence to others though differing in some Opinions When the dissention arose among the Brethren touching Circumcision and the Apostles and Elders came together to consider of it Acts 15. Peter relates to them God made choice amongst us that the Gentiles by my mouth should hear the word of the Gospel and believe And God which knoweth the heart bare them witness giving them the Holy Ghost even as he did unto us and put no difference between us and them purifying their hearts by Faith. Now therefore why tempt ye God to put a yoak upon the neck of the Disciples which neither our Fathers nor we were able to bear But we believe that through the Grace of our Lord Jesus Christ we shall be saved even as they Then James declares his Sentence That we trouble not them who from among the Gentiles are turned to God Then he adviseth and accordingly it was agreed by the whole Church to send them Messengers and to write Letters by them Forasmuch as we have heard that certain which went out from us have troubled you with words subverting your Souls saying You must be circumcised and keep the Law to whom we gave no such Commandment It seemed good to us to send chosen men to you with our beloved Barnabas and Paul. For it seemed good to the Holy Ghost and to us to lay upon you no greater burden than these necessary things That ye abstain from meats offered to Idols and from Blood and from things Strangled and from Fornication from which if you keep your selves ye shall do well Fare ye well Here is a very high Example of Indulgence warranted by the authority and judgment of the Apostles and Elders and of the whole Church and of the Holy Ghost likewise to whom it seemed good not to lay burthens upon the Servants of Christ but in necessary things and it would be found more agreeable to the mind of the Holy Ghost to give this Indulgence than to impose unnecessary or Ceremonious burthens upon our Brethren The Holy Apostle Paul declares this Doctrine from the Holy Spirit One believes that he may eat all things another who is weak eateth Herbs Then he exhorteth to this Indulgence Let not him that eateth despise him that eateth not and let not him which eateth not judg him that eateth One man esteemeth one day above another another esteemeth every day alike let every man be fully perswaded in his own mind But why dost thou judg thy Brother Or why dost thou set at naught thy Brother We shall all stand before the Judgment-Seat of Christ Let us not judg one another any more but judg this rather That no man put a stumbling Block or an occasion to fall in his Brothers way And he that doubteth is damned if he eat because he eateth not of Faith for whatsoever is not of Faith is Sin. We then that are strong ought to bear the Infirmities of the weak Rom. 15. and not to please our selves Let every one of us please our Neighbour for his good to Edification which is not done by persecuting mens Neighbours for their Nonconformity The same Apostle tells us 1 Cor. 8.12 When ye sin so against the Brethren and wound their weak Consciences ye sin against Christ And surely they do wound Mens weak Consciences who would force them to a Conformity He saith in another place 1 Cor. 10.29 Why is my Liberty judged of anothers Conscience that is it ought not to be so judged every one ought to have his Liberty Jer. 34.15 as the Prophet commendeth it Ye had done right in proclaiming Liberty every man to his Neighbour St. 2 Cor. 3.17 Paul asserteth That where the Spirit of the Lord is there is Liberty it followeth that where a just Liberty is denied that is by another Spirit He exhorts Eph. 4.32 Be ye kind one to another tender hearted which will scarce be thought of those who deny a just Indulgence And let each esteem others better than themselves Phil. 2.3 which they do not who persecute others because they are not Jerusalem which is above Gal. 4.26 and 5.13 is free and we are exhorted to stand fast in the Liberty wherewith Christ hath made us free we have been called unto Liberty Very many Admonitions and Expressions of the like Nature of the Disciples of Christ are obvious in the Holy Scripture by which the Example of those holy and inspired Servants of Christ is left unto us not only warranting but in effect injoining a just Freedom and Indulgence to be given to our Fellow-Christians Upon the whole matter it seems to me with Submission to better Judgment very evident That an Indulgence in matters Spiritual is fit to be granted from the grounds of Polity and Piety To demonstrate which I have only in the general collected such Grounds as I met with and time allowed whereby it seems to me fit that such Indulgence be granted That the Supream Spiritual Jurisdiction is in Kings and Princes and in England in our Kings That as a consequence thereof the right of granting Indulgence in Spiritual Matters is in his present Majesty Then I have offered some Answers to Objections against this Right Lastly I have made some few Observations upon Examples in the holy Story of Persecution and of Indulgence in Spiritual Matters From all which I may presume to say That to me under Correction it seems manifest that our King hath this right of Indulgence and that as it is of Right in our King so 't is one of the highest and clearest and most beautiful Flowers of his Crown And that if this right were not in the King he would thereby be much disabled from performing his Office as King in preventing Mischiefs and great Inconveniences to the Publick in preserving the Trade Wealth Strength and Peace of his Kingdoms in providing for his Own and his Subjects Security and in doing that which will much tend to the Honour of God to the Happiness and Welfare of Himself and all his People and to the general good of Christendom The End.