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
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
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