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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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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 ye●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