as Judicial The end of the Fourth Book The Contents of the Fifth Book HAving before treated of the Causes of all Regal and Ecclesiastical power and having in the last Chapter of the Third Book treated of the Laws and Civil Government of this Nation being the exercise of Regal power in reference to the publick preservation of Peace and Society in it In this First Chap. we shall treat how far Ecclesiastical power has been exercised in this Nation and by whom Whether originally the Britanick and English-Saxon Churches were free or subject to the Papal power quoad exercitium And whether as well before the Conquest as after the Kings of this Nation were not Nursing Fathers to the Church of Christ And whether always before the Conquest the Royal Government did not extend as well to the Persons as Possessions of Ecclesiastical persons And whether all Bishopricks were not originally of the Kings foundation In the reciting the Ecclesiastical Laws made by the Kings and Queens of this Realm we shall observe three periods viz. The Ecclesiastical Laws made by the Kings of England before the Conquest The Laws made by the Conqueror and subsequent Kings until Henry the Eighth And lastly the Laws made by him and the Kings and Queens after him until the end of King Charls his Reign Note good Reader that in the reciting of these Laws I do not affirm that these Laws made by the Kings of this Realm did never incroach upon that Ghostly power which our Saviour by Divine positive institution left only to his Church and therefore make no construction upon them but only when they are recited and objected as Authorities against that Power My designe is to shew having already demonstrated that by the Law of Nature the persons of all Subjects born in the dominion of rightful Kings are their natural Subjects which is an indelible character and can never be washed out and therefore Subjects being Ecclesiastical persons cannot free them from it And that all priviledges and endowments which Ecclesiastical persons enjoy besides their ghostly power is created by the King That the exercise of the Kings power over the persons and possessions of Ecclesiasticks as also Laws made by them for the order and preservation of the extern peace of the Church is no new thing as hath been by some objected THE FIFTH BOOK CHAP. I. How far the Kings Popes and Bishops of England have exercised their Spiritual Jurisdiction in England before Henry the Eighth IT cannot sure be reasonably denied Apology by any man but that Ignorance is the mother of all Error nor is any man better in any kind whatsoever for being innurtured or ignorant We daily see no where more feuds If learning or knowledge were the cause of dissentions or distractions how then comes it to pass that all dissentions are determined by learned and knowing men or else they would be endless and dissentions then among ignorant and mean men which were there not Laws to decide their difference would be endless and Mankind left in a worse condition then any other creatures Nor is Education and Learning any cause of the dissentions and debates which arise among learned and better educated men but some internal cause proceeding from pride or some other appetitions or affection in them And though Education and Learning does not totally alter mens natures from bad to good yet does it soften mens manners and makes them not to be so bruitish as those who are destitute of Learning and Civil breeding For Didicisse fideliter Artes Emollit mores nec sinit esse feros It is true indeed that in that state in which God hath placed all men here they do not see all things truly but men are and always were and will be subject to humane error and frailty and in many things notwithstanding all the arts and helps which can be devised men will never be reconciled But that men should therefore condemn all Science and Learning is like to a man that if he sees and hears not all things distinctly and clearly although it may be he sees and hears well enough to do things which are necessary for his conservation that therefore he will put out his eyes and have his ears always stopped Nor shall ever ignorance of any mans duty totally excuse him for his not observance of Laws be they Divine or Humane Nor shall the blind belief of Subjects in their Superiors whether Ecclesiastical or Temporal ever totally excuse them from those things which are due and they believe that they owe to God I am not so very a Hobbian as to believe that it is impossible for Supreme powers to command any thing contrary to the Law of Nature nor yet so very a Papalian as to think that the Pope is infallible Especially since it is evident that Aarons joining with the people in their idolatry did not excuse Exod. 32. the Israelites of old nor did the command of both King and Priests ever under the Old Law excuse the subject Israelites from Gods judgments upon them for their idolatry Nor is this very opinion of them in the Church of Rome of the Popes infallibility believed by themselves however urged against others who are not of her communion For then were not only General Councils supervacaneous and useless things but also there could be no difference among them which is superior a Pope or General Council Nor do they less deny it in their practice then their opinion For when Sixtus Quintus had excommunicated 9 Sept. 1585. the King of Navar and Prince of Conde and as he affirmed made them uncapable of succession to the French Monarchy yet were most part of the French troubled at it doubting the Priviledges of the Gallic Church would be trodden under foot which they needed not have doubted or feared if they had believed the Pope to have been infallible and all the Parliament of Paris who were all of the Church of Rome desired the King Henry the Third to have the Bull torne in pieces as you may read Davila 575. And the Parliaments of Chalons and Tours did not only decree the Bull of Gregory 14. to the Prelates and Catholiques of the Kings party under pain of Excommunication of being deprived of their Dignities and Benefices and of being used as Hereticks and Sectaries that within a certain time they should withdraw themselves from those places that yielded obedience to Henry of Bourbon and from the union and fellowship of his Faction to be publikely burnt but it was so far rejected and scorned by the very Prelates and all other Catholiques of the Kings party that it did extreamly confirm them all in the Kings obedience being before unsetled and inclining to the Cardinal of Bourbons faction as you may read more at large in the Twelfth book of Davila's History But it may be they will say That this was not in matter of Faith and that the Popes infallibility is affixed to Faith
done in Church is against conscience no minding of what is their duty all their talk is judging their superiors and this buzzed into the heads of light and inconstant men begets all the talk of the Country and is beleeved with the same Faith they beleeve the Gospel or their Creed and if Authority shall endeavor to suppress the further growth of such seditious practice by punishing the Authors it will be deemed by the well-affected no less then an invasion upon the liberty of the subject and persecution of the Gospel 6. If Lex lata had any obligation upon the Legislator then were the Creature subject to the Creator and the Father obliged to what he commands That supream Princes are obliged by their own Laws is a seditious opinion his Son and the Master to what he bids his Servant and God to what he commands Man which is absurd nor is it less absurd that the supreme power should be obliged by the Laws given to Subjects They who assert that supream Princes are obliged by their own Laws should do well to make their Children shooes and cloathes to serve them when they are men For as mens vices and manners vary so must humane Laws But men neither consider themselves nor Princes in asserting this For Princes are in a more vile condition then the poorest man not to have the freedom of will and they themselves are left to the rigor of the Law without hope of mercy How can any man accuse Hen. 7. for his rigid exacting the penal laws when by this opinion he had not power to remit any thing of them And why do men tax H. 8. for a cruel man and a Tyrant because he put so many men to death for not acknowledging his headship of the Church the not subscribing the six Articles c. if he were obliged by his own Laws Nay they do not allow Queen Mary a power to releive any Protestant given over to the secular power by Bishop Bonner From this very opinion sprang all the miseries for these last 18 years Scots had liberty to invade us but the King was obliged by his own Laws not to relieve his oppressed and afflicted Subjects This was that which gave the Turks first entrance into Christendom for while the wrangling Grecians not content with their rightful Emperors place usurpers in their rooms who to gratifie them again and to strengthen themselves against the right heirs care not what they grant their well-affected Subjects which so weakned the power of the Grecians that contesting with their Emperors about their liberties and priviledges which their usurping Emperors had granted them and neglecting their common and at first despised enemies the Turks they were all overcome in a short time by a handful of men obedient to their Prince And what private man can assume to himself the knowledge of good and evil that is ascribe to himself a power over his Superior by judging whether he hath transgressed the Law or not And let any man shew that ever our Parliaments as they call themselves Councils of State or Safety were ever obliged by their own Laws and I will submit that rightful Princes are obliged by their own Laws 7. There is nothing more to be wished in this world then that the That supreme power may be moderated Will of them which command might be moderated and restrained to Reason as that Kings Fathers and Masters should never exact any thing of their Subjects Children and Servants but what were reasonable But it is impossible that the Supreme power can be moderated unless it be divided or subject to the Moderators It is therefore a seditious opinion That Supreme power may be moderated 8. All right that any Creature hath to any thing is either from the That any man has any thing proper against the Supreme power Law of Nature or from some Humane Law but no Subject can have Praedium directum cujus nullus author est nisi Deus Sir E. Co. Com. Lit. pag. 1. b. qui dominium non habet dominus non est And he that holds of none is Lord of all which no Subject can be It is therefore a seditious opinion That any Subject hath any thing proper against his Soveraign 9. There has not any thing for more then this last Century caused so That the people may reform where Princes will not much dissention and bloodshed among Christians to the shame of Christianity as the specious pretence of Reformation The Turk either restrained by God or not willing to be an Enemy to Mankind hath been only a spectator not actor in this Tragedy The end doth sanctifie the means was a doctrine generally received among these Reformers if the end were Reformation it was no matter by what means it was brought to pass Hence it was that every where in the Western world men disposed to sedition made Reformation their pretence No Prince must use his power to restrain them if he do Calvin gives them a lesson Abdicant se potestate terreni Comment on Dan. 6. 21. Principes dum insurgunt contra Deum immo indigni sunt qui censeantur in hominum numero potius ergo oportet conspuere in illorum capita quam illis parere ubi sic proterviunt ut velint spoliare Deum jure suo Earthly Princes do divest themselves of power when they set themselves against God yea they are not worthy to be accounted in the number of men Men ought therefore rather to spit upon their heads then obey them where they deal so saucily as if they would spoil God by their right And Luther Ab omnibus hominum legibus exempti sumus libertate nobis Christiana per Lib. de captiv Babil de baptismo baptismum donata We are freed from all Laws of Men liberty being given us by Baptism Et scio nullam rempublicam feliciter legibus administrari I know there is no Commonwealth happily governed by Laws And Turpe enim est iniquiter servile Christianum hominem qui liber est aliis Cap. de matrimonio quam coelestibus divinis subjectum esse legibus It is a filthy and unjust servile thing that a Christian man which is free should be subject to any Cap. de sacrord but Heavenly and Divine laws And whether these mens followers have not well practised their Lectures wheresoever they have been tolerated either in Germany Bohemia Austria Upper and Lower Hungaria Transilvania Sweden France England Scotland Low-Countries Geneva c. let any man who hath read the Combustions of Christendom judge and the Anabaptists and all other Sects may from their principles justifie all their actions 10. There is nothing more manifestly commanded by God in the That temporal good follows in order to spiritual Old and New Testament then obedience to Temporal Princes yet there is nothing more endeavored to the shame of Christians then by pretence of Religion to usher in Rebellion By
It was afterwards in open Parliament by grievous complaint of all the St. 25. Ed. 3. Commons of this Realm shewed that the grievances and mischiefs aforesaid did daily abound to the great damage and destruction of this Realm more then ever before viz. that of late the Bishop of Rome by procurement of Clerks and otherwise had reserved and did reserve daily to his collation generally and especially as well Archbishopricks Abbeys and Priories as all other dignities and other benefices of England which were of the Advowry of people of the holy Church and gave the same to Aliens as well as to Citizens and taketh of all such benefices the first fruits and many other profits and a great part of the treasure of this Realm was carried away and dispended out of the Realm by the Purchasers of such graces and also by such privy reservations many Clerks advanced by the true Patrons which peaceably holden their advancements by long time were suddenly put out Wherefore the said Commons did pray the said Soveraign the King that since the right of the Crown of England and the Law of the said Realm was such that upon mischiefs and damages which hapned to this Realm he ought and was bound of the accord of his people therefore to provide remedy and Law c. The said King Ed. 3. seeing the mischiefs and damage aforesaid c. and forasmuch as he was bound by his Oath to see the same to be kept as a Law of this Realm though that by sufferance and negligence it had been sithence attempted to the contrary also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore willing to ordain remedy for the great damage and mischiefs which had hapned and daily did happen to the Church of England by the said cause by the assent of all the great men and the commonalty of the said Realm to the honor of God and profit of the said Church of England and of his Realm did order and establish that the free election of all Archbishops Bishops and all other dignities and benefices electory in England should hold from henceforth in the manner as they were granted by the Kings progenitors and founded by the ancestors of other Lords and that all Prelates and other people of the holy Church which had Advowsons of any benefices of the Kings gift or of any of his progenitors or of other Lords and Donors to do divine service and other charges thereof ordained should have their collations and presentments freely as they were enfeoffed by their donors and in case that reservation collation or provision be made by the Court of Rome of any Archbishoprick Bishoprick Dignity or other Benefice in disturbance of the election collation or presentments aforesaid That at the time of the avoidance that such reservations collations and provisions ought to take effect the said Ed. 3. and his heirs should have and enjoy for the same time collations to the Archbishopricks and other dignities elective which is of his Avowry such as his Progenitors had before that free election was granted since that the elections were first granted by the Kings progenitors upon a certain form and condition as to demand license of the King to chuse and after the election to have his Royal assent and not in other manner which condition not kept the King ought by reason to resort to his first nature Upon complaint made by the great men and commons it was assented St. 27 Ed. 3. and accorded by the King great men and commons aforesaid that all the people of the Kings Allegiance of what condition that they be which shall draw any out of the Realm in plea whereof the conusance pertaineth to the Kings Court or of things whereof Judgement were given in the Kings Court or which did sue in any other Court to defeat or impeach the Judgments given in the Kings Court should incur the danger of a Premunire Made to confirm the Acts made the 25. and 27. years of the said Kings Reign but those that made those good Laws against such capital offenders St. 28 Ed. 3. Cap. 1. 2. 3. 4. were cursed defamed and reproved by such as maintained the usurped jurisdiction of the Church of Rome against which an especial Act of Parliament was made by the King and his whole Realm prohibiting thereby such defamations and reproofs In the Reign of Richard the second Against an Incumbent of the Church of England another sueth a provision 12 Rich. 2. tit Jurisdict 18. in the Court of Rome and there pursueth until he recovereth the Church against the Incumbent and afterward brought an action of account against him as receiver of divers sums of money which in troath were the oblations and offerings which the Incumbent had received and the whole Court was of opinion against the Plaintiff and thereupon he became nonsuit It is declared by that Parliament that the Crown of England hath been St. 16 R. 2. Cap. 5. so free at all times that it hath been in subjection to no Realm but immediately subject to God and none other and that the same ought not in any thing touching the Regality of the same Crown be to the Bishop of Rome nor the Laws and Statutes of this Realm by him frustrated or defeated at his will to the perpetual destruction of the King his Soveraignty Crown and Regality and of all his Realm And the Commons in that Parliament affirmed that the things attempted by the Bishop of Rome be declared against the Kings Crown and his Regality used and approved in the time of all his Progenitors In the Reign of H. 4. H. 4. fol. 9 It is resolved that the Popes Collector though he hath the Popes Bull to that purpose hath no jurisdiction within this Realm and there the Archbishops and Bishops c. of this Realm are called the Kings spiritual Judges By the ancient Laws Ecclesiastical of this Realm no man could be convicted of Heresie being high-Treason against the Almighty but by the Archbishop Fitz. nat B. 269. Candries Case and all the Clergy of that Province and after abjured thereupon and after that newly convicted and condemned by the Clergy of that Province in the general councel of the convocation but the St. of 2 H. 4. Ca. 15. doth give the Bishop of the Dioces power to condemn a Heretick and that before that Statute he could not be committed to the secular power to be burnt until he had once abjured and was again relapsed to thar or some other Heresie whereby it appeareth that the King by the consent of Parliament directed the proceedings in the Court Ecclesiastical in case of Heresie and other matters more Spiritual Well but suppose the King did so it proves nothing for it is but matter of Fact But it does not appear neither that this direction of the King by consent of Parliament did direct the proceedings in the
St. 27 H. 8. cap. 15. Spiritual and sixteen Temporal to examine the Laws and Constitutions heretofore made according to the Statute of 25 H. 8. 9. But no Laws or Constitutions shall be made without the Kings assent nor contrary to the Kings Prerogative or the Laws of the Land If any person shall extoll the Authority of the Bishop of Rome he shall 28 H. 8. c. 10. incur the penalty of a Praemunire provided Anno 16 Ric. 2. Every Ecclesiastical and Lay-Officer shall be sworne to renounce the said Bishop and his Authority and to resist it to his power and to repute any Oath taken in maintenance of the said Bishop or his Authority to be void And the refusing of the said Oath to be Treason Makes all Bulls and Dispensations from the Bishop or See of Rome to 28 H. 8. c. 16. any of the Subject of this Realm void The King may nominate such number of Bishops Sees for Bishops 31 H. 8. c. 9. Cathedral Churches and endow them with such possessions as he will 1. If any person by word writing printing ciphering or otherwise do preach teach dispute or hold opinion That in the blessed Sacrament 31 H. 8. c. 14. called the Statute of the Six Articles of the Altar under form of bread and wine after the consecration thereof there is not really the natural body and blood of our Saviour Jesus Christ conceived of the Virgin Mary or that after the said consecration there remains any substance of bread or wine or any other substance but the substance of Christ God and man Or that in the flesh under the form of bread is not the very blood of Christ Or that with the blood under the form of wine is not the very flesh of Christ as well apart as though they were both together Or affirm the said Sacrament to be of other substance then is aforesaid Or deprave the said blessed Sacrament Then he shall be adjudged a Heretick and suffer death by burning and shall forfeit to the King all his lands tenements hereditaments goods and chattels as in case of High Treason 2. Or if any person preach in any Sermon or Collation openly made or teach in any Common School or Congregation or obstinately affirm or defend That the Communion of the blessed Sacrament in both kinds is necessary for the health of mans soul or ought to be administred in both kinds Or that it is necessary to be received by any person other then by Priests being at Mass and consecrating the same 3. Or that any man after the Order of Priesthood received may marry or contract matrimony 4. Or that any man or woman which advisedly hath vowed or professed or should vow or profess chastity or widowhood may marry or contract marriage 5. Or that Private Masses be not lawful or not laudable or should not be used or be not agreeable to the Laws of God 6. Or that Auricular confession is not expedient and necessary to be used in the Church of God He shall be adjudged suffer death and forfeit lands and goods as a Felon If any Priest or other man or woman which advisedly hath vowed chastity or widowhood do actually marry or contract matrimony with another Or any man which is or hath been a Priest do carnally use any woman to whom he is or hath been married or with whom he hath contracted matrimony or openly be conversant or familiar with any such woman both man and woman shall be adjudged Felons Commissions shall be awarded to the Bishop of the Diocese his Chancellor Commissary and others to enquire of the Heresies Felonies and offences aforesaid And also Justices of Peace in their Sessions and every Steward Under-Steward and Deputy of Steward in their Leets or Law-day by the oath of twelve men have authority to enquire of the Heresies Felonies and offences aforesaid See the 7. Chap. of B. Bramhalls Just Vindication of the Church of England where he endeavours to shew that not only the Emperor the King of France nay and the King of Spain have in effect done the same things with Henry the Eighth upon occasion or at least plead for it although for their interests they have not continued the exercise of their Jurisdiction as the Kings of England have done A short view or reflexion upon Henry the Eight and his Reformation How zealous a Defender of the Pope and See of Rome Henry the Eight K. H. 8. a zealous defender of the Pope and Papacy was in the beginning of his Reign is evident by his book written against Martin Luther For not being born Henry the seventh's eldest son his Father being a wondtrful frugal Prince and observing good natural parts in him bred him up in literature and destinated him to the Archbishoprick of Canterbury as being the cheapest and highest preferment he could give him But his elder brother being dead and after him his father The King esteeming it a great honor to imploy himself in so famous a controversie as was then maintained by the Wits of Christendom in defence and opposition of the Church of Rome wrote a book of the Seven Sacraments defending also the Papacy and oppugned the Doctrine of Luther This thing was so grateful to the Pope that Leo 10. honored him with the Title of Defender of the Faith But after he had been married to his brothers wife above twenty years and inflamed with lustful affection to Anne Bullein a Paragon and Minion From what cause the King became estranged from the Pope of the Court he became he said troubled in conscience for having married his brothers wife and therefore desired that the Pope would examine the case and satisfie his scruple of conscience It is a very remarkable thing that this ungodly Dispensation of Julius 2. for H. 8. his marrying with his brothers wife should be the cause of the King and Kingdoms defection from the Papacy under Clement 7. The Pope to satisfie the King gave the Cardinals Wolsey and Campeius a power Legatine to hear and determine the validity or invalidity of the marriage but the Queen refusing to submit to their determination appealed from them to the Pope The Pope had now a Wolf by the ears whom he could neither keep nor well let go For in pronouncing the marriage void he feared to incense Charls the Fifth being Nephew to Queen Katherine and the most potent Prince in Christendom and in confirming it he feared to lose Henry the then most beloved Son of the Church and great Defender of the Papacy not only in writing but also in joining with and assisting the French King Francis the First for freeing him from captivity being a prisoner under Charls The Pope therefore desires the advantage of time and proceeds slowly towards a determination The King as impatient in his desires expects a sentence from the Pope which not being to be had he procures Instruments from the Universities of Cambridge Oxford and Paris together