did not prejudice any man here H. 7. was a prudent and wary man not forward to disoblige any party 1 H. 7. f. 10. especially so great a one as the Clergy yet in his time divers Resolutions passed to the same effect as before for the vindication of the Kings Supremacy The Judges affirmed 10 H. 7. f. 18. Persona mixta that the King is a mixt person having both spiritual and temporal jurisdiction in him And that the King may dispense with the Ecclesiastical Law for Pluralities 11 H. 7. f. 12. and for a Bastard to be made Priest 9. We are now come to the great Wheel which turned upside down the whole course of Ecclesiastical Affairs King H. 8. who not only resumed absolutely the whole spiritual Jurisdiction into his own hands but totally abolished the Supremacy of the Pope in England The cause hereof some would attribute to his Covetousness but he was rather prodigal and though none are more covetous than some prodigal men to get fuel for their flames yet the humour of covetousness was spent in his Father and his own Education and Practice was otherwise His displeasure against the Pope about the business of Queen Katherine and the precedent of Woolsey added to his private grudge and Haughtiness might put him upon this work which he went through with and that by Parliament which he sufficiently commanded It chiefly began in the 24 year of his Reign 24 H. 8. c. 2. when an Act was made which fully recites the Kings supreme Jurisdiction both in Spiritual and Temporal matters without Appeal to any foreign Princes or Potentates It enacts that all Causes determinable by any spiritual Jurisdiction shall be adjudged within the Kings Authority and if any procure Appeals Process c. from Rome he shall iucurre a Praemunire The next year an Act was made 25 H. 8. c. 19. wherein the Clergy acknowledged the Kings Supremacy and that they are convened by his Writ And no Canons to be of force without his assent which is enacted accordingly And that the King may assign 32 persons to examine the Canons and to continue such of them as they think fit and to restrain the rest Appeals to Rome are forbid and that Appeals from places exempt and which were formerly to the Sea of Rome shall for the future be to the King in Chancery which is a great asserting of the Kings Supremacy Another Act the same year declares 25 H. 8. c. 20. that the King may grant his Conge deslier for Bishops and in default of Election of them the King may nominate the Bishop by his Letters Patents and they to be consecrated here Another Act reciting the Popes Exactions for Dispensations 25 H. 8. c. 21. Licences c. in derogation of the Imperial Crown and Authority Royal enacts that none be had from Rome and gives power to the King therein which will be mentioned in another place The next Parliament unites to the Crown the title of Supreme Head of the Church 28 H. 8. c. 1. and all Jurisdictions and Authorities thereto belonging Another Act gives to the King First-fruits as the Pope had them 26 H. 8. c. 3. Another Act forbids Appeals to Rome 28 H. 8. c. 7. Another since repeal'd makes it a Praemunire to extoll or defend the Authority of the See of Rome 28 H. 8. c. 10. And Officers to be sworn to renounce and resist it Another Act makes void Licenses and Indulgences from Rome 28 H. 8. c. 16. and those allowable to be confirmed under the Great Seal In the 31 year of his Reign 31 H. 8. c. 9. an Act gives him power to nominate such number of Bishops Bishops Seas and Churches and to endow them with such Possessions as he will. Another Act gives to the King all the rest of the Monasteries not dissolved and their Possessions An Act of as much neglect of the Romish Power and of as much Supremacy in the King in matters spiritual as may be imagined Which Supremacy was further exercised by this King in the Laws made for confirmation of the Romish Doctrine and the Six Articles upon which was great severity some being put to death for affirming the Popes Supremacy others for denying his Doctrine all at the same time 10. We come now to the succeeding Princes Edw. 6. proceeded in spiritual matters as to the Doctrinal part concerning which sundry Acts of Parliament were made 1 E. 6. c. 12. One makes it Treason to affirm that the King is not or that the Pope is supream Head of the Church in England An Act ordains the Book of Common Prayer 2 3 E. 6. c. 1 12.19 2 3 E. 6. c. 20 21. 3 4 E. 6. c. 10. 3 4 E. 6. c. 10. Another is about payment of Tythes prohibiting flesh on Fasting dayes For payment of Tenths to the King and Repeal of Laws against Marriage of Priests Another takes away Popish Books and Images repealed by Queen Mary Another gives Power to the King to name 32 persons to examine the Ecclesiastical Laws and to set forth such as they think fit People are required to come to Church 5 6 E. 6. c. 1.3 5 6 E. 6. c. 12. 1 M. c. 2.9 the Common Prayer with some Alterations enacted Fasting dayes to be observed Priests Marriages lawfull But all the good Laws made by this King were repealed by his Sister Queen Mary and such Service as was in the last year of Hen. 8. to be used That she may make Orders for governance of Cathedral and Collegiate Churches Acts against Heresie are revived 1 M. c. 6. but this was repealed 1 El. c. 1. Cardinal Pool dispensed with the Lay-mens possession to retain Abbey-Lands 2 3 P. M. c. 4. And the Queen remitted First-fruits and renounced Ecclesiastical Livings Queen Elizabeth turned all about again 1 El. c. 1. and by Act of Parliament all foreign Jurisdictions spiritual are abolished the Statutes of H. 8. her Father for this purpose are revived So are the Statutes of her Brother 1 E. 6. c. 1. and she repeals the Statute 1 2 P. M. c. 6. And it is enacted that such Jurisdictions spiritual as lawfully were exercised before shall be united to the Imperial Crown of this Realm And the Queen hath power to assign Commissioners in matters Ecclesiastical and enacts the Oath of Supremacy The Act of 1 M. is repealed and the Book of Common Prayer of 5 6 E. 6. C. 1. is established 'T is made Penal to maintain the Authority of the Sea of Rome 1 El. c. 4. the Oath of Supremacy to be taken 5 El. c. 1. Fasting dayes to be observed The Bible and Common Prayer to be translated and confirmed Bulls from Rome are prohibited 5 El. c. 5.5 13 El. c. 1. and reconciling to that Church and bringing in of Agnus Dei Pictures Crosses c. Made
the speaking or declaring of Law the soveraign or the highest lawful Authority Spiritual Jurisdiction is about matters relating to the Spirit or Souls of Men to Eternity wherein a King in the strict acceptation of the Word can have no Jurisdiction for no Power can command the Spirit or Soul of Man but God only French Academy c. 33. p 540 541. Accordingly an Ingenious French Author holds That one part of Man's building the Soul is created free for ever and to be exempted from the yoke of Humane Power acknowledging only the Divine Jurisdiction as the Apostle intimates Standfast in the liberty wherewith Christ hath made us free Gal. 5.18 ye have been called unto Liberty The Spiritual Jurisdiction whereof we speak is and can only be exercised upon the Body concerning some actions which may have a relation to the Spirit and eternal condition of Man wherein the Magistrates power is exercised to suppress Idolatry and Sin. Field of the Church p. 680. Dr. Field saith that Spiritual Causes are of two sorts some are originally and naturally such and some only in that they are referred to the cognizance of Spiritual or Ecclesiastical Persons as the Ecclesiastical Testaments Matrimony Sir John Davis rep Case of the Premunire c. And Sir John Davis saith that for 300 Years this distinction of Spiritual or Ecclesiastical and Civil was not known or heard of in the Christian World. The causes of Testaments Matrimony c. termed Ecclesiastical or Spiritual were indeed meerly Civil and determined by the Laws of the Secular Magistrate for making of Wills and Marrying were regarded by Heathens as well as Christians But for Causes and Persons Spiritual and Ecclesiastical that are properly and indeed such as First-table-duties which concern matters of Faith and Holyness and what conduceth to the eternal welfare of Mens Souls Some hold there is a Right in the Civil Magistrate more suo to give Commands and exercise lawful Jurisdiction about things of that nature And it is meant and will in part be made appear that as to Spiritual Matters a Supreme Spiritual Jurisdiction which is always to be intended according to Law over Persons and Matters which are usually termed Spiritual or Ecclesiastical is in Kings 2. In the next place we may consider the matter of fact and the consequence of the Argument thereupon The matter of Fact will be showed to be the constant and general practice and exercise of Supreme Jurisdiction in Spiritual Matters by most Kings and Princes both Christians and Pagans and from the eldest Times to our present Age which will be distinguished and some particulars of this Practice briefly noted in the following Sections The consequence and conclusion thereupon will be this If Kings and Princes have Supreme Jurisdiction in Spiritual Matters as the practise thereof and the Authorities proving the same do demonstrate that they have It will then necessarily follow that the Right of Indulgence which is a part of that Supreme Jurisdiction is likewise in those Princes He that hath Right in the whole hath Right in every part thereof and the grant of Indulgence is an Act of Jurisdiction in Spiritual matters comprehended within the general Jurisdiction which belongs to Princes and consequently doth belong to those to whom the Supreme Jurisdiction doth belong in Spiritual matters and that is to Kings and Princes We may begin with the eldest exercise of this Jurisdiction 3. The first Exercise whereof was in Fathers of Families and by the same reason is proper to be in Kings who are Fathers of their Countreys The first guide of the Requisites Calibute Downing 's Discourse of the Estate Ecclesiastical p. 57. as to Publick Exercise and actions of Religion was the original Domestick Discipline in Private Families where the Father was a King and Priest Adam directed his Sons to Sacrifice Seth Noah Abraham and the Princes of those times Fathers of Families were Priests also That the Priesthood was in the First-born as in Melchisedeck who is taken for Shem the first-born of Noah and in the rest of the first-born the Fathers of Families in those times before Aaron is admitted both by Christians and Hebrews Abraham and every Patriarch or Prince within his Territory and every Father of a Family within his Family did exercise the office of Priest also So it is or ought to be at this day That every Father of a Family is either in his own Person if he be able or by providing some fit Person if his Estate will bear it to perform Religious Duties in his Family to pray and expound the Holy Scriptures there It will not be denied but that every such Father of a Family may dispense with and indulge any of his Children or Servants to be absent from those Family-Duties when he shall see just cause for it And it would be hard to deny a Prince the same power of Indulgence to his Subjects which is allowed to every Father of a Family to his Children and Servants 4. We may in the next place look into this Jurisdiction Exod. 29.9 Numb 3.10 as it was exercised by the Hebrew Princes Moses Consecrated and commanded Aaron and Moses is styled the Priest of Priests and the Supreme King Rex summus item Sacerdos Jos 1.5 Jos 7. and also Priest which is testimony sufficient of his Supremacy in Spiritual things Joshua had the presence of God with him as Moses had and commanded all as he did both Persons and Causes he built an Altar in Mount Ebal and offered Sacrifices there and read the Law to the Levites and Priests Deborah was Prophetess and Judge or Prince of Israel Samuel was a Prophet and he and most of the Judges of Israel did exercise Supreme and Spiritual as well as Temporal Jurisdiction in Israel So did David Solomon Jehosaphat Hezekiah and other Kings of Israel Bertramus Menechius Seldenus Sigonius c. and of Judah whereof there is plentiful mention in the holy Story and in those Authors named in the Margin who have written on this Subject and it is the best Pattern to be followed by other Princes The Hebrew Word for a Priest signifies likewise the Prince of a Territory not that Priesthood made one a Prince or did carry Command with it but that Princes were chief Priests also in their Territories Before the Law given in Sinai Moses had cognizance as well of Sacred as of Prophane Matters together as they were termed without the distinction of Spiritual and Civil And this appears in the Tribunals set up by Jethroes advice and in his Judgments in those Sacred Causes and to him the Appeals were made whether the Matters were Sacred or Prophane and doubtless in the exercise of this Supreme Spiritual Jurisdiction the power of Indulgence where he saw cause was not denyed him 5. The like Jurisdiction was in the Heathen Princes who from the Presidents of the Hebrews although miserably depraved drew their Customs to have
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
fit as the Prince to give this Indulgence And it is not only lawfull to Tolerate disagreeing Perswasions but the Authority of God only is competent to take notice of it and infallible to determine it and fit to judge And therefore no humane Authority is sufficient to do all these things which can justifie the inflicting of temporal Punishments upon such as do not Conform in their Perswasions to a Rule or Authority which is not only fallible but supposed by the disagreeing Persons to be actually deceived But I consider saith the Bishop that in the Toleration of a different Opinion Religion is not properly and immediately concerned so as in any degree to be indangered It is also a part of Christian Religion Tertullian ad Scapul Humani juris naturalis potestatis unicuique quod putaverit colere sed nec Religionis est cogere religionem quae sucipi sponte debet non vi Heretici qui pace data scinduntur persecutione uniuntur Contra Remp. Dextra praecipue capit Indulgentia mentes Asperitas odium saevaque Bella parit that the Liberty of mens Consciences should be preserved in all things where God hath not set a limit and made a restraint that the Soul of man should be free and acknowledge no Master but Christ Jesus that matters Spiritual should not be restrained by Punishments Corporal Thuanus wisely observes That if you Persecute Hereticks or Discrepants they Vnite themselves as to a common defence if you Permit and Indulge them they divide themselves upon private Interest and the rather if this Interest was an ingredient of the Opinion the reason therefore is much the stronger for this Indulgence In Cases where there is no sin nor disturbance of the publique Peace it is not only lawful to permit but necessary that Princes and all in Authority should not Persecute discrepant Opinions 5. That this right of granting Indulgence is in the King seems also to be warranted from the Common Law of England The Statute before cited recites that by authentique Histories and Chronicles it appears that this Realm is an Empire and both Spiritualty and Temporalty subject to it and that the King is Supream Head thereof 24 H. 8. This being so by the Common Law He as supream Head may grant any Indulgence or Dispensation where the Law doth not forbid the same And I know no Law which forbids the Kings granting of Indulgence in this Case In the time of K. 4 H. 3. 7 H. 3. prohibit 13 15 H. 3. prohibit 15.22 Cokâ— 5. Rep. Eccles Case fol. 1. Hen. 3. and since Prohibitions were frequent and granted as the Kings right by the Common Law. 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 If in these Spiritual matters the King by the Common Law might indulge as to absolve a person Excommunicate and the like he may upon as strong Reason of the Law give Indulgence in the matters now desired We find also in the Annals of our Law Resolutions that the King may exempt any Ecclesiastical person from the Jurisdiction of the Ordinary 17 E. 3.24 and may grant to him Episcopal Jurisdiction and Exemption this was nothing else but an Indulgence granted by the King and that from the grounds of the Common Law. By the Common Law the King may dispense with Ecclesiastical Law 11 H. 7. f. 12. for Pluralities and for a Bastard to be made a Priest by the same ground of Law he may grant the Dispensation and Indulgence which is now desired A Dispensation or a Non Obstante is nothing else but an Indulgence in that particular case according to the Canon Law. And it was the Resolution of all the Judges of England Coke 7 Rep. Case de penal Laws f. 16.37 in the 2d year of King James That the King upon any Cause moving him in respect of time place person c. may grant a Non Obstante to dispense with any particular person that he shall not incurre the penalty of a Statute and this agreeth with Books of Law. Another Resolution was by divers of the Judges 10 Apr. 9 Car. 1. at the Sessions at Newgate That the King may pardon an Indictment upon the Statute of 5 Eliz. and that he may by the Common Law give a License to one to exercise a Trade for all his Life-time although he had not been an Apprentice to it because it is not malum in se but malum prohibitum Upon the same Reason and ground of Law Coke 11 Rep. f. 88. Dispensatio mali prohibiti st de jure domino Regi concessa propter impossibilitatem praevidendi de omâ—i us particularibus Dispensatio est provida relaxatio mali prohibiti utilitate seu necessitate pensata Brittan f. 280. 282 283. Fleta l. 6. c. 8. Coke Comment on Littleton f. 131. the King may grant a License of Indulgence in spiritual matters as well as in those Cases of temporal matters especially when the Indulgence is not desired for any thing that is malum in se but only perhaps Bonum prohibitum It is agreed for Law in another Case in our Books That the Law hath given power to the King that of right he may dispense with a prohibited evil because of the impossibility of foreseeing all particulars which may fall out And that a Dispensation is a provident relaxation or Indulgence of a prohibited evil upon consideration of profit or necessity The right to do this being by our Law in the King comprehends within the same right of the King his granting of Indulgence in matters spiritual By the old Law no Lord or Knight could go beyond Sea because thereby the Realm might be disfurnished of valiant men Yet in that Case the King might by the Common Law grant Licence or Indulgence to any Lord or Knight or other to go beyond Sea and dispense with that Law. But I am not arguing at the Bar a point of Law to cite all Authorities I can meet with for it I only mention a few to the end that by them the reason of the Law and the Application to our present purpose may be the better apprehended I shall therefore forbear to cite more and conclude with this one general ground of our Common Law the wisdom whereof hath thought fit that Acts of Grace and Favour should be in the Right of the King to be dispensed by him for the more obliging of his Subjects and the gaining their affections to him Hence it is that the granting of Exemptions Licences Faculties Dispensations Non-obstante's and the like Acts of Grace are left unto the King and are in his right to grant or deny them as he shall judge fit So it is if a man be convicted of Felony or Treason and hath judgment of Death past upon him by the Law he is to suffer Death yet the Law gives the Power and
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
and Persons and for Reformation under and correction of the same and of all manner of Errors Heresies Schisms Abuses Offences contempts and enormities should for ever by authority of that Parliament be united and annexed to the Imperial Crown of this Realm I shall still forbear to mention that arrogancy of granting Indulgences to reach to Eternisy to pardon Sin at which every sober Christian may grieve and will readily agree it not to be within this Act. Nor will it be denyed but that the Pope practised here the granting of Indulgence to whomsoever he pleased and in any spiritual matter whatsoever and as the Law was then taken and submitted unto he was held lawfully to exercise that Jurisdiction If it were so then the same Jurisdiction and right of Indulgence so exercised by the Pope is now by this Act annexed and united to the Crown and the King possessed and re-invested in his ancient Right and the same may be accordingly exercised by him And the Power by this Act to order Errors Schisms c. will comprehend the granting of Indulgence which some hold to be the best and safest way to order Errors and Schisms and doubtless if there ever were a right of Indulgence exercised in this Realm by any lawful power the same is by this Act vested in the King. But I shall thus briefly pass by others and come to that Act of Parliament which in express terms seems to allow this Right to be in the King or gives it to him And this is the Statute of 25 H. â—5 H. 8. c. â—1 8. in which there is this clause That the Arch-bishop and his Commissary shall not grant any other Licence Dispensation Faculty c. in causes unwont and not accustomed to be had at Rome nor by Authority thereof nor by any Prelate of this Realm until your Grace your Heirs or Successors or your or their Councel shall first be advertiz'd thereof and determine whether such Licences Dispensations c. in such Cases unwont and not accustomed to be dispensed withall or allowed shall pass or no. And if it be determined by your Grace your Heirs or Successors or your or their Council that Dispensations Licences or other writings in any such case unwont shall pass then the Arch-bishop or his Commissary having Licence of your Highness your Heirs or Successors for the same by your or their Bill assigned shall dispense with them accordingly Provided that Dispensations Licenses c. where the Taxe for expedition at Rome extended to 4 l. or above shall not be put in execution till confirmed by the King under the Great Seal And it enacts that where the Arch-bishop or Guardian of the Spiritualties deny to grant a Dispensation or Licence which ought to be granted the Chancellour shall send an Injunction under the Great Seal commanding it to be granted under a pain which not being obeyed and no just cause certified why it is not done the Bishop or Guardian of the Spiritualties shall forfeit such Penalties And the King after due Examination that such Licences Faculties or Dispensations may be granted without offending the Holy Scriytures and laws of God may by Commission under the Great Seal to two spiritual Prelates or other Persons to be named by him authorize them to grant such Licences And it gives power to the King for the ordering redress and reformation of Indulgences formerly obtained at Rome and such of them as shall seem good and reasonable for the honour of God and the weal of his People and such order shall be observed This Statute in plain terms gives the right of granting Indulgence 1. Where the cause is unwont and unaccustomâ—d 2. Where it is a cause of Importance as all will agree the Indulgence now desired to be 3. Upon a Denyal of the Bishops who will hardly take upon them to grant an Indulgence in the matter In all these Cases by the plain words of this Act the Power and Right of granting such Indulgence is clearly in the King to whom this Statute gives it in express words if it were not in him by the former Acts or as indeed it also is by the Common Law of England CHAP. VII The Answer to Objections against this Right of the King. 1. IT is objected That if this Right should be in the King object and he should exercise the same it would be a countenance and incouragement of Schisms and Divisions in the Church To which is answered That the Persecuting of different Opinions answ is that which causeth the Schism not the dissenting in Opinion for if one be a Non-conformist he troubles nor disquiets no others by his Nonconformity if they let him alone he is satisfied But when he is troubled or punished because he differs in opinion from some in Power this causeth the Rent or Schism in the Church which otherwise would be whole the Persecutors cut off the Dissenters from them and are most properly to be termed the Schismaticks But admitting these whom the Persecutors call so to be Schismaticks yet to indulge them so as that they shall not be punished is no more to incourage their Opinions than it is to incourage the wearing of Scarlet when men are not punished for wearing of that or of any other colour The way to countenance and incourage any thing except by rewards and perferments will hardly be found effectual the not punishing is no reward and the not punishing of Non-conformity will not be found such a reward or bait as to countenance and incourage Schism But admit the Prince upon Emergencies of State should evidently see it necessary to countenance or incourage Non-conformists and that the same would much tend to the preservation of the Publick peace to grant indulgence to them without which it might be endangered If this Right of Indulgence should be denied him the duty of common preservation could not be expected from him the requisites and powers necessary thereunto not being allowed to him 2. Another Objection is object That if the King should exercise this Right of Indulgence it would be a hindrance to that most desirable thing in the Church of Christ Vniformity To which is answered answ That no good Christian but will heartily pray and endeavour for this uniformity Lord St. Albans Essay of Unity in Religion yet as the Chancellor Bacon notes Vnity and Vniformity are Two things One of the Fathers observes That Christs Coat indeed had no Seam but the Churches Vesture was of divers Colours there may be an Unity though not a strict Uniformity It is a good and pleasant thing to dwell together in Vnity Psal 133.1 Eph. 4.3.13 and we must endeavour to keep the Vnity of the Spirit in the Bond of Peace which surely is most broken by Persecution There is no way but in the unity of the Faith and knowledg of the Son of God to come unto a perfect man to the measure of the Stature of the fulness of Christ But
pardon the punishment or remit the penalty which the Law imposeth upon Nonconformists and yet this is no countenancing of disobedience 5. It is further objected That if this right be allowed in the King Object it would be in his power by the exercise of it to repeal Statutes without the assent of his Parliament Several Acts of Parliament ordain conformity but if the King may indulge those who do not conform he doth in effect repeal those Acts of Parliament and make them to be of no force as to the Nonconformists To this somewhat mentioned in the last Section may in part be for an Answer Answ The Law enjoyns conformity or else a penalty he that submits to the penalty doth conform to the Law. And when the King indulgeth particular persons as to part of these Laws he doth not thereby repeal the Laws but remit some of the Penalties To repeal an Act of Parliament is wholly to take it away and to make it of no force which our Law saith must be done by the same power that made it the concurrent assent of the King Lords and Commons in Parliament But when the King grants Indulgence to some Nonconformists he doth not thereby repeal the Acts of Conformity which still continue but only to some particular persons he remits some of the penalty The Law is that a Traytor shall suffer death yet many have experience by his Majesties clemency that it is his right if he please to indulge and pardon the life of the Traytor Nevertheless none will say that hereby the King repeals the Law of Treason Upon a sentence of one to be an Heretick the Law heretofore was that a Writ de Haeretico comburendo be taken out and the Heretick to be burned Yet none of our Kings have been denied the Right and have frequently practised it to pardon the lives of such sentenced Hereticks as they thought fit to be indulged and yet thereby the Laws against Hereticks were not repealed By the same reason the King may pardon and indulge some Nonconformists and remit the Penalties which the Law imposeth on them and yet the Acts for Conformity are not thereby repealed 6. But to come nearer to the great point in question Object the main objection is That this Right of the King if it were before in him Stat. 14 Car. 2. cap. 14. yet now by his own consent it is barred and taken away by the late Act of this present Parliament for Uniformity If this be so our question is determined the wisdom and judgment of Parliament ought to bind and conclude all persons in the Kingdom who are parties and involved in their judgments and ought to acquiesce therein And with my particular due submission thereunto it seems to me that nothing in this Act doth take away or impeach but rather confirm this Right of Indulgence in the King. One Clause in this Act provides that the Penalties thereof shall not extend to the Foreigners or Aliens of the foreign Reformed Churches allowed or to be allowed by the King his Heirs or Successors in England By this Proviso the Parliament declares their judgment That this Right was and is fit to be in the King. And there occurs to me no reason but that the same Right is in the King to grant the like Indulgence to any other of his Subjects as by this Proviso is approved to these Foreigners whose posterity now become Natives do enjoy it This Right was in the King either before the Statute of Queen Elizabeth or annexed to the Crown by that Act. And either it was in him before the Statute of 25 H. 8. or is granted to him by that Act as hath been before shewed If any way this Right was once in the King as unquestionably it was then it cannot be barred nor taken away from him without express words in some subsequent Act of Parliament But there are no words in the late Act of Uniformity to bar or to take away this Right from the King therefore it remains in him as it was before and there is nothing in this Act to the contrary It is true that the King doth not dispence with a Law or any part of it whereby particular Interests are concerned as to those particular Interests Therefore that part of this Act which giveth a Right of Presentation to particular Patrons upon the Nonconformity is not to be dispensed with But as to the Penalties of this Act and of those other Acts to which it relates and which are reformation of manners and wherein no particular Interest is concerned the King may dispence with such Laws and Penalties as the resolution is in Halles Case Coke 5. Rep. Eccles Case f. 6.51 That the King may pardon Suites in the Ecclesiastical Courts because they are only to correct or punish the party for the offence or default which saith the Book the King may pardon and not for the particular interest of the party By the same reason the King hath a right to pardon or indulge the Penalties and execution of these Acts in which no particular Interest is touched and which are to correct and punish the party for his offence and default against these Laws especially when there are no words in the Act to impeach but rather to allow this right to be in the King and which clearly was in him before the making of this Statute CHAP. VIII Observations upon Examples of Persecution 1. PErsecution is a word taken from the Latin Persequor which signifies to follow to the extremity and denotes the execution of Revenge and slaughter That the good of Indulgence and the evil of Perfecution may the better appear some observations upon a few of very many Examples thereof in the Holy Story are here inserted and to begin with these of Persecution It is observed that for the most part ungodly men excited by pride and envy have persecuted the godly So it was in the first Persecution in the World when the elder Son of Adam persecuted his Brother Abel Cain was an ungodly man Gen. 4.5 for unto him and to his offering the Lord had not respect but Abel was a godly man for he brought of the firstlings of his flock and of the fat thereof Gen. 4.4 and the Lord had respect unto Abel and to his offering because Abel and his offering had respect from God therefore was his Brother very wroth Bishop Halls Contemplatition upon Cain and Abel and persecuted Abel for his Religion such was the pride and envy of his heart upon which the Ingenious Bishop of Exon thus contemplates What then was the occasion of this capital malice Abel's Sacrifice is accepted what was this to Cain Cains is rejected What could Abel remedy this Oh envy the corrosive of all ill minds and the root of all desperate actions The same cause that moved Satan to tempt the first man to destroy himself and his posterity the same moved the second man to destroy the
publick Priesthoods which were Patrimonial and Hereditary and among them the Prince was also the High Priest Synes Ep. 12. The Caldean Kings were Priests also A Priest and a Prince was all one amongst the Aegyptians so the Magi among the Persians and the Priests of Apollo at Delphos among the Grecians Arist Polit. c. 10. Aristotle speaking of Kings in the time of the Heroes saith That they were Rulers of matters of War and of Sacrifices or sacred Things which pertained to the Sacerdotal Function In another place he saith That the King was Leader or General of the War and Judge or Moderator of divine Things and to be Moderator implies a Power and Right of Indulgence In like manner the Roman Emperors before the Birth of Christ were their High Priests also Pontisiciam potestatem cum Caesarea potentia conjunxit It is noted of Julius Caesar that to the end he might fully recover into his Power the Temporalty he joyned the Pontifical Authority with the Caesarian Power and so have all wise Princes his Successors And it is not improbable where those two Powers are joyned together Sr. Walt. Rawleigh in his Treatise of War. that the right of Indulgence was part of them The Mufty among the Turks holds all he hath at the discretion of the Great Sultan Most Nations of the World after the President of the Hebrews placed the Supream Spiritual Jurisdiction in their Kings and Supream Rulers and it were improbable to conclude that the right of Indulgence was excepted out of that Jurisdiction 6. It is likewise evident That this Supream Spiritual Jurisdiction was in the Emperours both as to Persons and matters which were termed Spiritual Writers of Church matters do show that the Clergy for 850 years together claimed no Superiority or Jurisdiction but left the same and submitted themselves therein to their own Princes who took upon them the Sovereignty in the matters and over the Persons which were afterwards called Spiritual and Ecclesiastical By Constantius were the Bishops Julius and Liberius Banished Martin Dort. in Jub et Lib. Boniface I. by Honorius Silenus and Virgilius by Justinian Martin I. by Constantine III. Platin. in Bonifac Leo IV. submitted himself in all things great and small Claus 2. q. 7. to the command of Lodowick and offered to amend all that was amiss by the Princes judgement In the strife between Donatus and Cécilianus Euseb l. 10. c. 5. Optat. l. 1. cont Parm. August Ep. 162.166 the matters and Persons both Ecclesiastical Meltiades then Bishop of Rome was appointed with others by Constantine to determine the matter from whose judgment the parties Appealing the Emperour appointed new Judges from whom they appealing likewise at last Constantine determined it sitting himself in Person Under Theodosius the elder Damascus Sericius and Anastacius Theodos l. 5. c. 23. Gozon l. 8. cap. 28. Niceph. l. 15. c. 30. Lib. Pontific in viz. Bonif. Ep. Bonif. ad Honor. Aug. rescrip Honor ad Bonif Leo Epist 9.12 13 17. Epist 43.50 Conoil Chalced Art. 1. complained against Flavianus but the Prince heard and justified him Innocentius desiring the Emperour to appoint a Council for the tryal of Chrisostomes cause it was denyed Honorius commanded Bonifacius and Eulavius chosen Bishops of Rome in a tumult to depart the City and Boniface being restored put up a supplication to the Prince for a Decree for future Elections which was made by him Leo Bishop of Rome made suit to Theodosius the younger to command a Council in Italy for suppressing Eutiches his Error but the Emperour appointed it at Ephesus and would not be perswaded to reverse the Judgment But his Son Martian did it upon the supplication of the Pope and commanded the Council of Chalcedon where himself sitting in Person forbad the Bishops to defend or avouch any thing of the Flesh and Birth of our Saviour otherwise than the Nicene Creed did contain Novel Constit 1. l. 23. Gregory Epist l. 4. c. 76. 78. Justinian saith We command the Blessed Arch-Bishop of Rome c. to obey the Law he then made Gregory I. writing to Mauritius useth this stile My Lord my most gracious Lord I your Servant and Subject to your command and makes many submissions to the Emperour Sixth Synod Art. 4. who over-ruled him in his Episcopal Jurisdiction Agatho Bishop of Rome 685 years after Christ when Constantine I. sent for some Learned men out of the West parts to come to the general Council returns this Answer Agathan Epist 2. Your Princely Favour mildly commanding our Baseness hath obediently fulfilled that which was by you commanded And in another Epistle Distinct 10. l. de Captulis he saith All Bishops of the North and West parts Servants of your Christian Empire Leo IV. submitted himself to Lodowick the Father and afterwards confirmed his obedience to Lotharius the Son promising submission to their Decrees In the 20 Constitutions Novel Constit 3.5 6 16. c. wherein Justinian disposeth of crimes and causes Ecclesiastical almost every Sentence is a command The like in 123. Socrates l. 1. Intituled of divers Ecclesiastical Chapters The like is in the Laws of Constantine Charles Lodowick Lotharius and others By all which and many of the like nature which are omitted it appears That all the submission and obedience that Subjects do owe their Prince was acknowledged and given by the Clergy as well as others to the Emperours And that they did exercise Supream Spiritual Jurisdiction both over the Persons and in the matters termed Spiritual It would be hard then not to admit them Gers. 4. part pro Jo. Manius de Schism Concil c. 22. Lazan Epist c. 267. as a consequent thereof the Right of Indulgence also 7. This Jurisdiction was likewise in the Kings of France and exercised by them The Divines of Paris by the Kings encouragement did condemn Pope Julius his Doctrine with the sound of Trumpets taking as much supremacy to himself as Charles did who by advice of his Bishops Princes and Universities Decreed that the whole Church of France should depart from the obedience of Benedict Naucter General 48. Leland 448. and be under their own King in matters Spiritual And Charles the VII made a Law called the Pragmatical Sanction for the perpetual Observation of those things which the Council of Bazil had Decreed Lateraneus Council sub Leo 10. Sespred 10. which curbed and cashired the Popes Jurisdiction and advanced the Kings And though the Pope reversed it and laboured the King to do it yet the Clergy of France adhered to the King Oron Matraej in Anno. 1510. owning his Authority A little before that in a Council at Tours the Praelates of France gave their full resolution to Lewis the XII That it was Lawful for him to forsake the Popes Obedience Taricuske Hist. Vnivers Ep. l. 9. Philade Cominos l. 9. and to despise his Curses being himself
Supreme in his Kingdom But Philip the Fair before that clapt the Popes Legat by the heels and Sequestred himself and his whole Realm from his Obedience and at length caught the Popes own Person and kept him in Prison till he dyed Here was exercise of Supreme Power to he highest And when Francis I. Concordat Gall. Budovus de Astr in his Interview with Leo X. did remit the Force of the Pragmatical Sanction his Secretary said That the Garland of France was betrayed So much they valued the King's Supreme Spiritual Jurisdiction whereof many more Instances are in the Story of that Nation 8. The like Supreme Jurisdiction was exercised by the Kings of Spain In Castile they have some limitted Ecclesiastical Power by a late Priviledge of Adrian VI. granted to Charles V. But when they see their time they are pleased to take so much as shall serve their turn As Philip II. seized upon the Temporalties of the Archbishop of Toledo then when the Bishop of Gorusa was apprehended at Rome for New Heresie And when Sixtus V. sent to him That if he would undertake the War against England Thuanus Hist l. 71. Prudentissimus princeps respondit se nil de suo Pontifici largiri Thesaur Polit. Apol. Epist 49. Nullis personis Ecclesiastici vel Sacres Locis ullam rem immobilem absque Principis licentia acceptare vel habere Hug. tui Jul. de Repub. Portugal Botar Net. orais quaest l. 3. Guicchard Hist l. 4. Boron Annal. 1209. he would remit to him the Revenues of that Bishoprick This wise Prince answered That he would receive nothing from the bounty of his own Bishop And though at home his Power is but what he pleaseth to take yet in other his Territories it is lawfully and in Spiritual matters as large a Jurisdiction as that of any other Prince As in Burgundy and Flanders he had the same Right that the King of France once had As Charles V. made a Statute of Mortmain That it should not be lawful for any Ecclesiastical Persons or Sacred Places to take or have any Immovable Things without the Licence of the Prince and his Indulgence in that behalf Philip II. his Son in publishing the Council of Trent in the Netherlands did not let it pass in all points with the strength of an Ecclesiastical Law but restrained it with an express Clause That it should not prejudice any priviledge of the King touching Possessory Judgments or Ecclesiastical Livings or Nominations thereunto In Portugal they had the Right of Presentation to all Bishopricks and Abbeys which is no small Testimony of Supreme Spiritual Jurisdiction Sicily hath been held of the See of Rome as a Spiritual See yet there the Kings of Spain do not only claim Supremacy of Over-seeing but likewise Superindency in doing of Ecclesiastical or Spiritual Affairs and there in all his Dominions the King of Spain doth exercise Supreme Spiritual Jurisdiction to which the Right of Indulgence is incident 9. The like Supreme Jurisdiction was also exercised and still is by the Kings of Sweden in Spiritual matters They bestow the Bishopricks and Superintendencies upon such Persons as they judge fittest for them which Donation is no slender Proof of this Supreme Jurisdiction and the Bishops and Superintendents there who are the same in Office and Authority though not in Name with the Bishops These chief Rulers I say of the Clergy and the Clergy themselves are in perfect Obedience and Submission to the King as their Supreme in matters Spiritual All Appeals from the Proceedings of their Spiritual or Ecclesiastical Courts as they likewise term them are made to the King in his Chancery who thereupon Ordains under the Great Seal of Sweden certain Commissioners or Delegates who hear and determine those matters by the King's authority And in some Cases of extraordinary weight or difficulty the King himself with the advice of his Senate or Council of State as in the last Resort resolves them The Bishops Superintendents and the rest of the Clergy are excluded from any Office or intermedling with Secular Publick Affairs which some of them relate to be occasioned by the height and busie interposing in such matters by some of their Archbishops and Bishops But of that I can say nothing only I know the present Archbishop and some of their Bishops to be learned grave and pious Men and very observant to their King whose Supreme Spiritual Jurisdiction is acknowledged by them and all other his Subjects and surely comprehends therein his clear Right of Indulgence which he exercises in many places 10. Thesaur Pol. Apol. 50. Herbert Hist Pol. l. 2. c. 7. Thesaur Hist l. 56. Dicunt suoque arbitrio eligunt Garnier Comment Pragmat Sancta de Sanat Patriam a Daniaes simul Pontificis servitute asseruit Sir Jer. Davis rep f. 88. 10 H. 7. C. 5. 33 H 6. C. 9. 22 H. 6. C. 3. 40 E. 3. C. 13. 7 E. 4. C. 10. 16 E. 4. C. 4. This Jurisdiction was likewise in several other if not in all the rest of the Princes of Christendom Poland and Hungary were by Benedict VII Converted from Paganism and thereupon wholly at the dispose of the Pope in matters Spiritual yet they appoint and choose at their pleasure Archbishops Bishops and Abbots The Kings of Hungary use the same Power as the Kings of England do whereof a Canonist saith Tho of Right they cannot yet the Kings of England and Hungary bestow Benefices by allowance from the Pope Thus he is pleased to declare his opinion tho grossly mistaken as to the Allowance whereas they claim and exercise this Right only by Virtue of their own Supreme Spiritual Jurisdiction according to Law. In which point besides the Presidents as to England an English Lawyer may hope for as much Credit as a Canonist The Princes of Germany Sweden Denmark and of the Netherlands have exercised the like Spiritual Jurisdiction especially when they Introduced the Reformation of Religion and abolished the Power of the See of Rome Whereupon it is said that Gustave I. of Sweden asserted his Country from the Danish and Popish Servitude Scotland hath likewise vindicated the Jurisdiction of her Prince in these Spiritual matters And of Ireland it is affirmed That they have there made as many Laws against Provisions Citations Bulls and Briefs of Rome as are to be found in all the Parliament Rolls of England Besides Poynings Law Enacts there the Statutes of Provision and all other Laws against the See of Rome Also in the Parliament of Kilkenny and in another Parliament in that Kingdom it is declared That the publishing of Bulls of Provision from Rome is High Treason But I may incur the Censure of tediousness to bestow more time on this Argument which can receive little opposition but it must be acknowledged that generally the Princes of Christendom and other Princes before and out of Christanity and the first Princes and Fathers of Families have exercised Supreme Jurisdiction
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
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
Right to the King that he may indulge this condemned person and give him a pardon for his life which is every dayes experience And many in our time have tasted the fruits of his Majesties Grace and Clemency herein And if the Common Law gives this Right of Indulgence for Life to the King it were hard to deny it him in Spiritual matters for not coming to Church or the like 6. That this right was in the King by the Common Law and practice of it may appear from many both ancient and later Precedents some whereof and first before the time of W. 1. will be remembred in their order It is observed â—â—n â—Rep â—praeâ— f. that as under the Temoral Monarchy of Rome Britain was one of the last Provinces that was won and one of the first that was lost again so under the spiritual Monarchy of the Pope England was one of the last Countreys of Christendom that received this Yoak and one of the first that did reject and cast it off again That the Sea of Rome before W. 1. s time had no Jurisdiction in England neither in the time of the Brittans nor of the Saxons as appears by the passages of Pelagins and Colman an Irish Saint and divers others in our story but that the Kings then exercised Supream Spiritual Jurisdiction appears in part by what hath been before noted out of our stories It will not be supposed an easie thing â—ev â—esbur â—de â—ccles at so great a distance of time and after so many Revolutions and injuries of accidents to find particular apt precedents for that which is our present argument yet there seemeth to have been some even in those times not impertinent to our purpose In the Reign of the British King Arviragus â—Parkâ— â—34 in the 63 year after the birth of our Saviour it is related that Joseph of Arimathea and eleven more of Philips Disciples arrived in Brittan and preached the name of Christ unto the Brittans who were then Pagans This new Doctrine and Religion wholly contrary to Paganisme and tending to the subversion of that whereof the Brittans were so blindly zealous yet tho they could hardly be perswaded to change the Traditions of their Fathers nevertheless they were so far from persecuting of these Non-conformists to the old Religion that they freely permitted them to preach and to instruct the people in this new Doctrine and Worship though wholly different from their own Profession And the King did so far grant Indulgence to them and to all that would hear them that every one had the liberty of his own Conscience indulged to them And because these Preachers came from far and that their lives were full of Modesty and Meekness and that they instructed the people in pious things the King for their maintinance granted to them the Isle of Glassenbury each one of these Non-conformists having an hide of Land given to him and they twelve in number they are called the twelve Hides of Glassenbury to this day You see the Pagans were so far from persecuting them or taking any thing from them as they gave them a livelyhood This Indulgence and grant was confirmed by many of the Saxon Kings their Successors When Paganus and Damianus preached the Gospel of Christ to the Brittans King Lucius not only gave them Indulgence though their Doctrine and Religion was so contrary to Heathenisme then professed here but both the King and his People became Non-conformists to their old Pagan Worship and embraced the true Faith of Christ How much longer might that blessed Truth have been hid from our eyes and that glorious Light of the Sun of Righteousness have been obscured from our eyes had it not been for granting Indulgence to the preaching of it sure we ought to have the better opinion of Indulgence since Christianity was introduced by it So it was when Augustin the Monk preached to the Saxons had he not been indulged to preach and the people to hear our Saxon Ancestors had not been converted to the knowledge of Christ Jesus The Christian Saxon King Kenulphe Stamford 3. c. 38. f. 111. 1 H. 7. fâ— 23. tit 2 Coke 5 Rep. Ecclâ— Case f. 9. Ab omni Episcopali juâ— re in sempeternum esse quietus nuâ— lius Episcoâ— aut suorum officialium jugo inde depremantur Leg. Alureâ— Reg. c. 2. Bilson differ p. 40 Bede l. 1. c. 25. by the Counfel of his Bishops and Senators did grant to the Abbey of Abingdon certain Lands with an express clause of Indulgence contained in the grant That the Abbot and his Successors should be free for ever from all Episcopal Jurisdiction and that the Tenants and Inhabitants should not be depressed by the yoak of any Bishop or his Officials but in all things should submit to the Decrees of the Abbot And although this were done by the Councel of his Bishops and Senators that doth not impeach but rather fortifie the Kings Right to do it by their Judgments that it should be done by him In the Laws of King Alured he grants Indulgences and Immunities for the Clergy themselves And when Gregory sent Augustin the Monk and his Companions to convert the Saxons they stayed in the Isle of Thanet till the Kings pleasure were known and whether he would grant them Indulgence to exercise their Religion here and instruct others therein which the King although it were sufficiently different from the Religion then professed by the Heathen Saxons did grant unto these Dissenters and encouraged them so far that at length they became of their perswasion The Application may be thus far proper That if Pagans gave so much Indulgence to Christians it would ill beseem Christians not to give the like to one another 7. Some Precedents in the time of W. 1. and after Eadmerus f. 165. 167 7 E 3. Quare Impâ— 19. 5 Rep. f. 10â— Mat. Paris Anno 1119 Coke 5 Rep. Eccleâ— Case f. 106â— Roger Hovenden f. 496. down unto our own memories may be next in order remembred W. 1. granted a full Indulgence by his Charter of Exemption unto Battel-Abbey that they should be under no Jurisdiction of the Bishop And it was an Indulgence to the Free-holders when he divided the Bishops Court from the Hundred Court which before that sate both together So was his appropriating of Churches without Cure to Ecclesiastical Persons The like exemption and Indulgence is granted by his Charter to the Abbey of Reading H. 1. granted an Indulgence by his Charter to the Abbey of Reading and saith he doth it as well in regard of Ecclesiastical as Regal Power H. 2. granted an Indulgence to his people That none of the Popes Decrees should be executed here nor any of his Bulls of Excommunication Not. in Eadâ— mer p. 14â— He did the like to his Clergy of Normandy in the Exemptions he granted to them 45 H. 3. Rot. Stanâ— in 14. dorsoâ— 1 E. 1. Rot. Stans in 5. dorsoâ— H. 11.
Matt. 18.7 Christ tells us That offences must come but Wo to that man by whom the offence cometh Surely the offence cometh more by him that persecuteth than by him that pardoneth and to differ from another in opinion is no more justly an offence than to differ in countenance notwithstanding which difference in countenance yet all are of one unity and uniformity as men All Vines Philip Nye Beams of former Light. Cedars every Plant and every Herb every Beast and Bird are uniform in their Kind though there besome difference in each of them So it is with gracious and holy men being a holy Seed and having this Seed remaining in them their conversation for the substance is the same and so is their profession of Religion notwithstanding some Minute differences as Bishop Taylor calls them and it is so visibly uniform and the same as the blind World can distinguish them from other men So also in this part of their conversation their Service of God in his Ordinances if the Institutions of Christ and whatsoever he in his Word hath prescribed as necessary means and circumstances from more general rules be observed you will have a natural free and comely uniformity and more to the Glory of God than to have all by External injunctions cast as it were in an artificial Mould such a forced Conformity in all Ages hath been the occasion of greatest differences and disturbances The neglect of Scripture Rules which guide and direct an uniformity in matters of substance and great consequence and by Canons and Injunctions and other ways to erect an uniformity in matters of doubtful dispute and not of much concernment if they were cleared The pretence of Uniformity and upon that account taking liberty to impose doubtful Traditions hath been in all Ages an Utensil in the hand of Church Governours by which they have exercised greatest Tyranny One Council decrees That all Ministers must live single lives for Uniformity Bellarmin disputes to have the Service in the same Language in all the Popes Dominions for Uniformities sake And what thing be it never so absurd but may be brought into this List There is an Uniformity arising from the Virtue of internal Principles as also from an external mould or frame the one is free and natural the other compelled and forced Uniformity from internal Principles is an excellency in Nature and in Grace also No necessary Uniformity for the beauty and good of the Church is hindred but advanced by the King 's Right to grant Indulgence in Spiritual matters And surely no Person can be so proper and so fit a judge to discern and determin when this Uniformity is most beautiful and most to be desired and how far and when it is to be pressed or indulged for the Churches good as the Prince himself is 3. Some will also object object That it would cause discontent for the King to exercise this Right of Indulgence That those who are for Uniformity and Conformity would be disturbed at it In answer to which may be said Answ That surely much more discontent will arise and more cause be given for it by punishing than by pardoning The one will give too much cause the other gives no just cause of any discontent The Wisdom of the King will more consider the cause of discontent than the discontent it self and would himself have most cause of discontent to be denied so great and necessary a Right and so much conducing to the peace and welfare both of himself and also of all sorts of his Subjects and without which he can hardly preserve either Doubtless the best way will be to discontent as few as may be especially in a time when discontents are too rife and too apt to rise and that will be found the way to content them which allows them their most desired Interest in this World their liberty by this Indulgence Those who are punished for what they hold their Right will be too apt and too much provoked to discontent and to esteem it an issue of Pride more than of Piety and of Domineering more than of Meekness to impose upon our Christian Brethren And may one not be as justly discontented because a fair hair'd man is not punished when himself is brown as because one is not punished for disliking a Ceremony with which the imposer is pleased It will be found undeniable that Meekness and Indulgence to such Dissenters will remove discontents unite affections and be security both to Prince and People 4. Object Another Objection is That if this Right be in the King and he be pleased to exercise it by granting Indulgence to those who disobey the Laws that this will be to countenance disobedience in this and other matters of the like nature The Law is that every one shall conform to the Ceremonies of the Church these Dissenters will not conform but disobey the Law and if they be indulged herein they are countenanced in their disobedience and by this Example others will be incouraged and expect indulgence in their disobedience in other cases which may prove dangerous to Government To this is answered Answ That whether the granting or denying of this indulgence will most endanger the Government is to be left to the judgment of the King who is the Supream Governour The Swedes call a Governour Styrer Skib the stearer of a Ship the Latin word Gubernator * Cicero 1 4. de sin Et si in ipsa gubernatione negligentia navis est eversa 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 have the same signification and if the Steersman be not permitted to judg what course the Ship shall steer it will prove dangerous The Hebrew word Tachan to order prepare to weigh number and preponderate refers this to the King. But I cannot admit Nonconformists to be disobeyers of the Law. As to instance in a particular The Law saith That every one shall come to Church to hear Common-prayer or else shall pay such a penalty He that pays the Penalty doth as much obey the Law as he that hears the Common-prayer the one is agreeable to the Law as well as the other either men must hear or must pay those that hear and those that pay do equally obey the Law. If then the King indulge those who do not hear that they shall not pay it is no countenancing of disobedience because there is no disobedience in the case It is only a dispensing with that punishment which is imposed for an offence to the King which he may pardon or a remitting of that penalty or payment which is given to him Every common person may do the same if Ten pound be given to a man he may if he please remit it and if one recover Money in an Action and have judgment for it he may if he please forbear to take the Defendant in execution or to levy the damages which the Law gives him By the same reason the King may
punishment in the life to come For the People of the Jews our persecuted Prince foretold what should become of them for their persecutions I send unto you Prophets and Wisemen and Scribes Matt. 23.34 35 38. and some of them ye shall kill and crucifie and some of them ye shall scourge in your Synagogues and persecute them from City to City Then follows the most fearful of all Judgments That upon you may come all the Righteous blood shed upon the Earth from the blood of Righteous Able to the blood of Zacharias Behold your House is left unto you desolate Josephus Eusebius Socrates Scholast c. The Ecclesiastical story sets forth the full accomplishment of this Prophecy the sad calamities which befel the Jews in the Siege of Jerusalem and the taking and demolishing of it and of the stately Temple whereof nothing was left but heaps upon heaps and all buried in Ruine The People carried away Captives lost their Native Country dispersed over the face of the Earth and besides the unexpressible miseries inflicted by Divine Justice on that Generation it reacheth also to all their Posterity who ever since have been wanderers up and down the Earth and sojourners in strange Lands and have had no City or fixed Habitation to dwell in 7. The example and course of the Master was followed by his Disciples that knew him in those times and will be chearfully submitted unto if God shall require it by all such who in our time shall be acquainted with the Lord Jesus to suffer with patience and joy the Persecutions which the Enemies of Christ shall inflict upon them whereof our Saviours predictions was They shall deliver you up to be afflicted and shall kill you Matt. 24.9 10 13. and ye shall be hated of all Nations for my names sake and then shall many be offended and shall betray one another and shall hate one another But he that shall endure to the end shall be saved That this was fulfilled in the Persecution of the Disciples of Christ appears too evidently in the Ecclesiastical story and the particulars thereof are too many to be inserted in this short Treatise they may at large and with sorrow be perused in their Authors John the Baptist for displeasing Herodes Antipas in his Doctrine and Opinion about his Brother Philips Wife was imprisoned and afterwards in a kind of frolick beheaded by him Euseb l. 2. c. 4. Jos Antiq. l. 8. c. 9. Acts 8.1.3 This Herod as Eusebius and others testifie was afterwards condemned to perpetual banishment Saul was himself a great persecutor of the People of God he was consenting to the death of Stephen and there was a great persecution against the Church As for Saul he made havock of the Church entring into every House and haling men and Women committed them to Prison And breathing out threatnings and slaughter against the Disciples of the Lord Acts 9.1 2. went unto high Priest and desired of him Letters to Damascus to the Synagogues that if he found any of this way Nonconformist whether they were men or women he might bring them bound to Jerusalem This fierce persecutor was miraculously convinced of his sin as all persecutors one day will be and he became himself a persecuted Disciple of Christ Jesus Nero 2 Tim. 4.17 Eutrop. l. 8. whom he calls the Lyon and who was a fierce persecutor of him as Eutropius relates was sentenced by the Senate to whipped to death which although he escaped yet afterwards he slew himself Herodes Agrippa stretched for his hands to vex certain of the Church Acts. 12.1 2. and he killed James the Brother of John with the Sword this persecutor also perished by an horrible death Domitian the presecutor of John the Evangelist Jos Antiq. l. 10. c. 7. Suetonius Eutropius was slain in his Bed by his own servants his Wife consenting to it and his Carkass thrown into the Street by order of the Senate Throughout almost the whole Book of the Acts of the Apostles are stories of the persecution of Christs Disciples I confine my self to those Examples which occur in the Holy story nor can I mention but some of them and must refer those who desire to look more particularly into this matter to the Ecclesiastical story where they will find stories of that horror and bitterness of persecution against the People of God and those who professed the Name of Christ Jesus that would melt a Pious heart and those horrible judgments of God against the persecutors of his Servants that may forewarn all persecutors whatsoever from the wicked ways of persecution and deter them from imposing upon men any thing contrary to that freedom of Conscience which is due to all that profess the Faith of Christ and whosoever by persecution shall seek to take it from them will ensnare themselves in misery probably here certainly hereafter 8. This Chapter may be concluded with some few further Observations upon the Examples before remembred from the holy Scripture By all which it appears evidently that in all times and in all places the People and Servants of God have been under severe persecutions but what hath been the end and issue thereof Eternal joy and comfort I know the Objection is obvious that the Examples before remembred and divers others which may occur are not applicable to the subject matter of our present Discourse they are of persecutions of the People of God and of Christians by Heathens and by the Jews who believed not that the Messias was come but the matter now in Discourse is of injoyning conformity in Sectaries and Schismaticks by the lawful Power and Authority of the Rulers of the Church of Christ and therefore these Examples come not to this matter But if a dissenting Brother do judg or doubt that what is imposed on his Conscience is contrary to the will of God He holds himself equally obliged not to conform thereunto as the Ancient Primitive Christians or the Jews held themselves bound not to conform to the Impositions of Heathen Emperors Governours in matters Spiritual And they do observe that if God shewed so great displeasure for those Impositions of the Heathen upon his People That surely he will be as much displeased at the Impositions of Christians upon Christians and of Protestants upon Protestants in Spiritual Matters and which are not Fundamental and where the publick Peace is not disturbed It may be further observed that in all Examples of Persecution the Power and Authority of the King or Monarch was made use of and by the same Reason and Authority his Power and Right of Indulgence may be exercised The Observation of powring out of the Wrath and Vengeance of God upon the Persecutors of his People hath been before in part noted and may be found throughout the Stories of those Passages And it is a greater breach of Charity and Christian Duty for a Professor of Christ than for an Unbeliever to persecute a
Unbelievers neither did any of them disturb him tho his Perswasion differed much from theirs in Spiritual Matters but he was indulged therein both while he was there and when he was in Egypt and in his return to Canaan After * Gen. 19 1 〈◊〉 de 〈…〉 15 Beâ—eshith Râ—â—â—â—a Parash f. 56. col 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lot parted from him he was not only indulged in wicked Sodom but preferred by them to be Chief Justice in the City as their Rabbins and other Authors and the Original it self in this Signification of the Words used in this Chapter do testifie Abraham was also indulged by the King of Gerar Gen. 20.11 tho he thought surely the fear of God is not in this place Isaac injoyed his Freedom with a succeeding Abimelech King of Gerar who saith We have not touched thee Gen. 26.29 23. we have done unto thee nothing but good and have sent thee away in peace Even Philistines indulged this Servant of God and amongst them he built an Altar and worshipped his God without disturbance Jacob payed his Devotions at Bethel and had his Liberty and Indulgence in Labans House from whose perswasion in Spiritual Matters he much differed In his return from thence in the Land of Canaan Gen. 33.18 19 20. he purchased a Field and built an Altar and was indulged by Hamor the Hivite Prince of the Country He enjoyed the like Freedom at Bethel Gen. 35.5 and in Egypt after he went down thither both he and all his Family enjoyed their Liberty in Spiritual Matters and were not disturbed for many years Hereupon it may be observed That this Indulgence was given by Kings and allowed to the Servants of God even by Philistines much more may the like be expected from Protestants to their Brethren The next Indulgence that we meet with in time the holy Story was that given by Pharoah King of Egypt to the Israelites The Lord was with Joseph and he was a prosperous man Gen. 39.2 4. and the Egyptian his Master not only gave him the Liberty of his Conscience but preferred him to be Overseer of his House and his godly Disposition appeared in his Carriage to his Mistress After he had interpretd Pharaohs Dream tho he much differed in his perswasion in Spiritual Matters from the Egyptians yet the King seeing his Wisdom and Spirit made him ruler of the Land Gen. 41.41 42 43. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chaldees of Onkeles and Knathan Hierosol Targum and to ride in the second Chariot and they cried before him Bow the Knee The Hebrew word for which Abrech signifies Father of the tender King or the tender Father of the King which was the highest Title and Honour whereof a Subject was capable among them and the highest trust that could be under the King was conferred on Joseph tho he was a Nonconformist And the difference of Perswasion in Spiritual Matters between the Hebrews and the Egyptians was such That they would not eat together as appears in the Entertainment which Joseph made for his Brethren When they set on bread for him by hemself Gen. 43.32 and for them by themselves and for the Egyptians by themselves because the Egyptians might not eat bread with the Hebrews for that is an abomination to the Egyptians The reason whereof as Pererius notes was because the Hebrews killed the Cattle for their food and sacrifice Coment Pererii in Gen. 43.33 and eat of them which the Egyptians worshipped as their Gods therefore the perswasion of Joseph and of his Father Jacob and of his Brethren was sufficiently different from that of the Egyptians in Spiritual matters yet were they therein indulged by Pharaoh and his Successors And we read of no disturbance of them in those matters until Moses required of Pharaoh an Indulgence for them to go into the Wilderness to sacrifice to their God which the King denied because God had hardened his heart and purposed to manifest his own power and his mercy to his people in delivering them from bondage and what was the issue of the denial of that Indulgence is set forth by Moses in his Story of it 4. This may lead us to a consideration of what Indulgence was granted by Moses to the Israelites themselves being next in order of time It is agreed by all Authors that Moses had Supreme Spiritual Jurisdiction in him as his judgments in Spiritual Cases given by him do testifie But in his judgments in Spiritual Cases we find none against any ones freedom of Conscience and Opinion except in case of Idolatry Breach of some positive Law of God or for Blasphemy And in that of Blasphemy in the case of the Israelitish Womans Son whose Father was an Aegyptian Moses would adjudg no punishment of him till first the mind of the Lord might be shewed who commanded that he should be put to death Many Egyptians and Strangers came out of Egypt with the Israelites but we read of no Persecution of any of them for different Opinions nor any punished for any Spiritual matter but in the cases before mentioned But it may be objected That Moses was not a Soveraign King and could not Exercise that Jurisdiction as other Kings might in such cases which perhaps was the reason that such Dissenters were not punished To which is answered That Moses was a Soveraign King as Absolute as any other Prince and knew as much of the mind of God as ever any King did which was revealed to him and accordingly he Exercised his Kingly Authority both in this matter of Indulgence and in all other matters That he was King Deut. 33.5 appears in the express terms of the Text And he was King in Jeshurun So the Hebrew reads it and the Chaldee Syriac 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Yfue en Ysrael Roy. Deut. 32.15 Impinguata est gens Judaica Isa 44.2 and Persick Versions for Jeshurun do read Israel So do the Spaniards And he was King in Israel The Germans agree herewith and a little before in the Song of Moses But Jeshurun waxed fat and kicked The Mauritanians read it The Nation of the Jews waxed fat and upon that in I said the Greek Version hath a Note for Jeshurun understand Israel The Old English Translation under Hen. 8. for Jeshurun hath Israel Both Christians and Jews agree that where it is said He was King in Jeshurun it is the same thing as if it had been said He was King in Israel The Hebrew Authors often call him King Levis Gerson in Perushtera f. 245. col 3. Aben Ezra Maimon Tract Beth Habentura c. 6. Sect. 1. as Moses our Master was King. And Moses was King. And the like Expressions often occur in them Another calls him Prince of Princes and a King over Israel Philo de vita Mosis l. 2. c. 3. Jure regio populum Gubernavit Nazianzen Orat. 6. Oxtius saith That in Kingly right he governed the people Nazianzen affirms that he
the grounds of Piety not to grant Indulgence to them especially if we consider that we are not only uncertain in finding out Truths in disputable matters but we are certain that the best and ablest Doctors in Christendom have been actually deceived in matters of great Concernment which thing is evident in all those Instances of Persons from whose Doctrines all sorts of Christians respectively take liberty to dissent The Errors of Papias Iraenaeus Lactantius and Justin Martin in the Millenary opinion of St. Cyprian the Asian and African Fathers in the question of Rebaptization St. Augustine in his uncharitable Sentence against the Vnbaptized Children of Christian Parents The Roman or the Greek Doctors in the question of the Procession of the Holy Ghost and in the matter of Images are Examples beyond exception Now if these great Personages had been persecuted or destroyed for their Opinion who should have answered the invaluable loss the Church of God should have sustained in missing so excellent so exemplary so great Lights But then if these Persons Erred and by consequence might have been destroyed what would have become of others whose Understanding was lower and their Security less their Errors more and their Dangers greater At this rate all men should have passed through the Fire for who can escape when St. Cyprian and St. Augustin cannot But since good Men are so apt to Err the Piety of Christians did then and ought now to indulge the Men though not the Errors 9. The last ground of Piety for this Indulgence which I shall now mention is from the consideration of the Introduction of Christianity It is saith Bishop Taylor one of the Glories of Christian Religion that it was so Pious Excellent Miraculous and Perswasive that it came in upon its own Piety and Wisdom with no other force but a terrent of Arguments and demonstration of the Spirit a mighty rushing Wind to break down all strong Holds and every high Thought and Imagination But towards the Persons of Men it was always full of Meekness and Charity Compliance and Toleration Condescention and bearing with one another restoring Persons overtaken with an Error in the Spirit of meekness considering least we also be tempted The consideration is as prudent and the Proportion as just as the Precept is charitable and the President was pious and holy Now every thing is best conserved with that which gave it the first Being and is agreeable to its temper and constitution The Precept which the Christian Religion chiefly preaches in order to all the Blessedness in this and the other World is Meekness Mercy and Charity And this should also help and preserve it self and promote its own interest for indeed nothing will do it so well nothing doth so excellently insinuate it self into the understandings and affections of Men as when the actngs and perswasions of a Sect and every part and principle are tending to a universal Good. And it would be a mighty disparagement to so glorious an Institution That in its Principles it should be merciful and humane and yet in the promotion and propagation of it so inhumane And it would be improbable and unreasonable that the Sword should be used in perswasion of one Proposition and yet in the perswasion of the whole Religion nothing like it To do so may sometimes seem and but seem to serve the Interests of a Temporal Prince but never promote the honour of Christ's Kingdom it may secure a Design of Inquisitors but it will much disserve Christendom to offer to support it by that which good Men believe to be a distinctive Cognizance of the Mahumetan Religion from the Excellency and Piety of Christianity whose Essence and Spirit is described in these excellent words of St. 2 Tim. 2.14 Paul The Servant of the Lord must not strive but be gentle unto all men in meekness of instructing those that oppose themselves if God peradventure will give them repentance to the acknowledging the Truth And as it is unnatural so it is unreasonable that Sempronius should force Caius to be of his Opinion because Sempronius is Consul this Year and commands the Lictors as if he that can kill a man cannot but be infallible and if he be not why should I do violence to my Conscience because he can do violence to my Person There is nothing under the Almighty that hath power over the Soul of Man so as to command a Perswasion or to judge a disagreement and because no Man's command is a satisfaction to the Vnderstanding or a verification of the Proposition therefore the Understanding is not subject to Humane Authority We see that the greatest Persecutions that ever have been were against Truth even against Christianity it self and it was a Prediction of our Blessed Saviour That Persecution should be the Lot of true Believers And if we compute the experience of Suffering Christendom and the Prediction That Truth should suffer with those few Instances of Suffering-Hereticks it is odds but Persecutions are on the wrong side and that is Error and Heresy that is cruel and tyrannical especially since the Truths of Jesus Christ and of his Religion are so meek so charitable and so merciful And we may in this Case exactly use the words of St. Paul But as then he that was born after the Flesh persecuted him that was born after the Spirit even so it is now and so it ever will be till Christ's second coming This may give us a good ground of Piety from the meekness of the Introduction of Christianity that the most proper way and most agreeable to the example of our Saviour and of his holy Disciples for the propagation thereof is by the same Meekness Charity and Mercy in which it was Instituted and consequently to give Indulgence to tender Consciences CHAP. IV. Of Supreme Spiritual Jurisdiction and consequently a Right of Indulgence in KINGS 1. OF Spiritual Matters somewhat hath been before discoursed We may now for the clearer understanding of the Intent of this Chapter inquire the meaning of Supreme Spiritual Jurisdiction Supreme is that which is the Highest on Earth next under God according to Law. So the meaning thereof is expressed in the Statute of H. 8. 24 H. 8. C. 12. That this Realm is an Empire governed by one supreme Head and King whom both the Spiritualty and Temporalty ought to obey 28 H. 8. C. 1. 1 E. 6. C. 12. So another Act declareth him supreme Head of the Church upon Earth So the King is declared by an Act of E. 6. Supreme Head of the Church in England immediately under God. The Oath of Supremacy is enacted 5 Eliz. C. 5. Pro supreme Jupiter The Latins from whence we borrow the Word have it in the same sense for the highest and chiâ—fest So Terence faith O supreme Jupiter and Virgil calls the highest Mountains Supremi Montes the Supreme Mountains Supreme Jurisdiction then is the highest and chiefest Authority according to Law