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

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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
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
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
Exercised the Office of Legislator of Judg and of King. Selden holds that he was in truth Selden de Synedr l. 2. p. 62. Regem fuisse Mosen revera c. King or Prince of the Israelits according to Divine Institution But this may be censured of too much curiosity I have the rather insisted thereon to shew that he who was the meekest man upon earth and highly indulged Gods people was a King and it will become all Kings to imitate his Pattern 5. Upon the same Ground I proceed to the Indulgence of Joshua Moses Successor who was also Prince or King in Israel He had the same authority as Moses had delegated to him from God and consented to by the people who promise him Josh 1.16 All that thou commandest us we will do and whithersoever thou sendest us we will go according as we hearkened unto Moses in all things so will we hearken unto thee We do not find that he was severe against any Dissenters from his Opinion but in his admirable Expostulation with the people he leaves it to them If it seem evil unto you this day to serve the Lord Josh 24.15 chuse you this day whom you will serve whether the Gods which your Fathers served that were on the other side of the flood or the Gods of the Amorites in whose land ye dwell Then he makes and declares his own profession of Religion But as for me and my house we will serve the Lord. He sought not to convince the people by severe Laws and punishments but by meek Exhortations and Admonishments reasoning the matter with them If ye forsake the Lord Josh 24.20 and serue strange Gods then he will turn and do you hurt Josh 24.21 22 23 24 25. and consume you after that he hath done you good And the people said Nay but we will serve the Lord. And Joshua said Ye are witnesses against your selves that ye have chosen the Lord to serve him and they said We are witnesses Now therefore said he put away the strange Gods which are among you and incline your heart unto the Lord God of Israel So Joshua made a Covenant with the people and set them a Statute and an Ordinance in Shechem This way of meekness and Indulgence Joshua held the best way to perswade the people to Conformity to put away the strange Gods which were among them and to incline their heart unto the Lord God and it is an excellent precedent to be followed 6. The next in order is to consider of the Indulgence which the Judges and Kings gave to the people of Israel whereof there is not much to be gathered more than what is before remembred in general in the times of Moses and Joshua The times wherein there was no King in Israel that is no Governour nor Government when every one did that which seemed right in his own eyes relate to Civil as well as Spiritual matters and were rather times of Anarchy than of Indulgence But both the Judges who were Monarchs and a kind of Kings and the Kings by name did generally indulge all Persons in matters Spiritual except in cases of Blasphemy Idolatry or breach of the known Law of God. To write the Particulars of these times would take up too much of ours they are obvious in the Holy Story which every servant of God will take delight to read And throughout all the passages of them it will appear that they were indulgent to different perswasions in matters of their Law wherein as to Expositions and some weighty points there were many different opinions whereof there will be occasion to make some mention by and by and that these Dissenters were not punished It will likewise be manifest that all Indulgence in matters of this nature proceeded from the Judges and Kings who by their Exercise thereof shewed that the Right of Indulgence was in them though the Cases before mentioned were not to be dispenced with but by sinning against God and transgressing the Law which he had given unto his People and which will not be done by granting an Indulgence now desired 7. Time will be wanting to insist on these and I must omit many other examples in the Word of Truth of Indulgence in Spiritual matters and come to that which may serve instead of all others the unerring great Examplar our Lord Jesus whose infinite wonderful indulgence and mercy to his unworthy Creatures gives a sharp rebuke to all persecuting earthly powers and fully instructs them to give indulgence to those over whom he hath set them Our blessed Redeemer God Omnipotent knew the inclinations and opinions of all mens hearts and ways who were just and righteous who were wicked and ungodly who were sincere and who were hypocrites who were faithful and who unbelievers Yet was he graciously pleased to make no distinction 1 Tim. 2.6 Acts. 10.43 John 3.15 but indulged all both Jew and Gentile just and unjust righteous and sinful he gave himself a Ransom for all that whosoever believes in him shall have remission of Sins shall not perish but have everlasting Life Our Jesus who inhabiteth Eternity liveth for ever and can do whatsoever pleaseth him was pleased in his great humility and mercy to Mankind to come down from Heaven upon the Earth and to take our vile Nature upon him How unfit is it for sinful Dust and Ashes whose Breath is in their Nostrils who are but as of yesterday to ascend the Throne of God to take his Authority on them to sit in Judgment upon the Hearts and Consciences of Men The Lord of Life and Glory humbled himself and became obedient to death even the death of the Cross that he might thereby purchase his Enemies eternal Life How unanswerable to this is it for Powers made of Dirt and without Foundations to condemn their Friends to death that will not be of the same judgment with these Rulers The searcher of Hearts allows a freedom to all mens Hearts and Consciences to serve him in such ways as they think most agreeable to his Divine Will. How unfit it is for any earthly Govornours to attempt an alteration of the frame of the hearts of men to compel them to serve God in such ways as are most agreeable to the will of the Governours and contrary to the Hearts and Consciences of those whose good only is concerned Christ exhorteth all to Kindness and Indulgence Luke 4.18 and affirms That he was sent to heal the broken hearted How unfit it is for his Vicegerents to wound yet more the broken hearted He was sent to preach deliverance to the Captives How contrary is it to proclaim imprisonment or banishment to those whom Christ hath made free He was sent to recover sight to the Blind those who are sent by him have no Commission to put out the Eyes of those that see to torment and punish their Brethren because they see not with their Rulers Eyes Christ was sent to set
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 ●● El c 2. ● Ja. c. 4. ● 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 t●● 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. ● 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
at liberty them that are bruised and surely he hath not sent any of his Officers to bruise his Members and to take away their liberty or lives from them The Son of God saith If the Son make you free ye shall be free indeed How contrary is it for those in Power to impose upon the Consciences of them under Authority whereby they take away that freedom which the Son hath given to all his Servants He saith Ye shall be free But these imposers say Ye shall not be free Proud Flesh contradicts the Spirit Man God the Creature his Creator and Redeemer 8. The Holy Disciples of our Lord Christ inspired and instructed by him followed the Example of their Master in giving Indulgence to others though differing in some Opinions When the dissention arose among the Brethren touching Circumcision and the Apostles and Elders came together to consider of it Acts 15. Peter relates to them God made choice amongst us that the Gentiles by my mouth should hear the word of the Gospel and believe And God which knoweth the heart bare them witness giving them the Holy Ghost even as he did unto us and put no difference between us and them purifying their hearts by Faith. Now therefore why tempt ye God to put a yoak upon the neck of the Disciples which neither our Fathers nor we were able to bear But we believe that through the Grace of our Lord Jesus Christ we shall be saved even as they Then James declares his Sentence That we trouble not them who from among the Gentiles are turned to God Then he adviseth and accordingly it was agreed by the whole Church to send them Messengers and to write Letters by them Forasmuch as we have heard that certain which went out from us have troubled you with words subverting your Souls saying You must be circumcised and keep the Law to whom we gave no such Commandment It seemed good to us to send chosen men to you with our beloved Barnabas and Paul. For it seemed good to the Holy Ghost and to us to lay upon you no greater burden than these necessary things That ye abstain from meats offered to Idols and from Blood and from things Strangled and from Fornication from which if you keep your selves ye shall do well Fare ye well Here is a very high Example of Indulgence warranted by the authority and judgment of the Apostles and Elders and of the whole Church and of the Holy Ghost likewise to whom it seemed good not to lay burthens upon the Servants of Christ but in necessary things and it would be found more agreeable to the mind of the Holy Ghost to give this Indulgence than to impose unnecessary or Ceremonious burthens upon our Brethren The Holy Apostle Paul declares this Doctrine from the Holy Spirit One believes that he may eat all things another who is weak eateth Herbs Then he exhorteth to this Indulgence Let not him that eateth despise him that eateth not and let not him which eateth not judg him that eateth One man esteemeth one day above another another esteemeth every day alike let every man be fully perswaded in his own mind But why dost thou judg thy Brother Or why dost thou set at naught thy Brother We shall all stand before the Judgment-Seat of Christ Let us not judg one another any more but judg this rather That no man put a stumbling Block or an occasion to fall in his Brothers way And he that doubteth is damned if he eat because he eateth not of Faith for whatsoever is not of Faith is Sin. We then that are strong ought to bear the Infirmities of the weak Rom. 15. and not to please our selves Let every one of us please our Neighbour for his good to Edification which is not done by persecuting mens Neighbours for their Nonconformity The same Apostle tells us 1 Cor. 8.12 When ye sin so against the Brethren and wound their weak Consciences ye sin against Christ And surely they do wound Mens weak Consciences who would force them to a Conformity He saith in another place 1 Cor. 10.29 Why is my Liberty judged of anothers Conscience that is it ought not to be so judged every one ought to have his Liberty Jer. 34.15 as the Prophet commendeth it Ye had done right in proclaiming Liberty every man to his Neighbour St. 2 Cor. 3.17 Paul asserteth That where the Spirit of the Lord is there is Liberty it followeth that where a just Liberty is denied that is by another Spirit He exhorts Eph. 4.32 Be ye kind one to another tender hearted which will scarce be thought of those who deny a just Indulgence And let each esteem others better than themselves Phil. 2.3 which they do not who persecute others because they are not Jerusalem which is above Gal. 4.26 and 5.13 is free and we are exhorted to stand fast in the Liberty wherewith Christ hath made us free we have been called unto Liberty Very many Admonitions and Expressions of the like Nature of the Disciples of Christ are obvious in the Holy Scripture by which the Example of those holy and inspired Servants of Christ is left unto us not only warranting but in effect injoining a just Freedom and Indulgence to be given to our Fellow-Christians Upon the whole matter it seems to me with Submission to better Judgment very evident That an Indulgence in matters Spiritual is fit to be granted from the grounds of Polity and Piety To demonstrate which I have only in the general collected such Grounds as I met with and time allowed whereby it seems to me fit that such Indulgence be granted That the Supream Spiritual Jurisdiction is in Kings and Princes and in England in our Kings That as a consequence thereof the right of granting Indulgence in Spiritual Matters is in his present Majesty Then I have offered some Answers to Objections against this Right Lastly I have made some few Observations upon Examples in the holy Story of Persecution and of Indulgence in Spiritual Matters From all which I may presume to say That to me under Correction it seems manifest that our King hath this right of Indulgence and that as it is of Right in our King so 't is one of the highest and clearest and most beautiful Flowers of his Crown And that if this right were not in the King he would thereby be much disabled from performing his Office as King in preventing Mischiefs and great Inconveniences to the Publick in preserving the Trade Wealth Strength and Peace of his Kingdoms in providing for his Own and his Subjects Security and in doing that which will much tend to the Honour of God to the Happiness and Welfare of Himself and all his People and to the general good of Christendom The End.