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
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
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
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 LONDON Printed and Sold by Randall Taylor near Stationers-Hall MDCLXXXVIII TO THE READER IT was the Opinion of the Great Lord Verulam That Books such as in earnest deserve that Title need no other Patrons than Truth and Reason Let the Abortives of the Press Court your favour This Treatise securely Appeals to your severest provided it be but unprejudiced Judgment It was Composed divers years ago by the Dictates of a NOBLE PERSON of whom when I have said That he was an Eminent Minister of State a known Protestant and one of the most Studious Gentlemen of our Age equally diligent and happy in Reading both Books and Men I shall have express'd but part of His Character The rest of which when you have perused this Elaborate Discourse you will better be enabled to supply by those Idaea's of Veneration which it cannot but raise in minds that have any respect to Truth Piety or Learning As the Dead can neither Cajole nor be Flatter'd so ought they not to be Envied you have here the free and well-poiz'd Thoughts of a late Peer of England on this Important matter long before His present Majesty came to the Crown All that I can pretend to is the Honour of being a little Instrumental to hand That forth to publick Light which I thought was too valuable to be doom'd to the Obscurity of a private Closet as being unwilling the Inquisitive World should be deprived of one of the most accurate Pieces that have been or perhaps can be Written on this Subject If any thing therein occur less suitable to present times you are desired to remember how long ago it was Compiled And withal to Pardon any Errors of the Press that may have escaped Correction Which is all I thought necessary you should be Advertis'd of by Black-Fryars Octob. 26 1687. Your Humble Servant HEN. CARE THE CONTENTS CHAP. I. The meaning of the Title SECT 1 OF Right 2 Of the Kings Right 3 Of the King's Grant. 4 Of Indulgence 5 Of Spiritual Matters 6 What is not meant by such Indulgence 7 What is meant by Spiritual Matters CHAP. II. That from Grounds of Policy Indulgence in Spiritual matters is fit to be granted The several grounds thereof in Policy are 1 THE preservation of the Publick Peace 2 From the Examples of our Neighbours 3 From Examples of Elder Times 4 From the Present State of our Affairs 5 From the Advancement of Trade 6 From the Increase of People 7 From the Dependance upon the Prince 8 From the satisfaction of Mens Minds CHAP. III. That from grounds of Piety it is fit to grant Indulgence in Spiritual Matters 1 FRom the Rule of doing as we would be done by 2 From the Note of being tender and kind-hearted 3 From the ground of Leaving to God his own Works 4 From the Subject Matter being Spiritual 5 From the Practice of the Church in best times 6 From the ground of sparing Christian Blood. 7 From the difficulty to search out Truth 8 From the aptness of good men to err 9 From the Introduction of Christianity CHAP. IV. Of Supreme Spiritual Jurisdiction and consequently a Right of Indulgence in Kings 1 OF Supream Spiritual Jurisdiction 2 Of the Matter of Fact and consequence thereof 3 That this Jurisdiction was in Fathers of Families 4 That it was in the Hebrew Princes 5 That it was in the Heathen Princes 6 That it was in the Emperors 7 That it was in the Kings of France 8 That it was in the Kings of Spain 9 That it was in the Kings of Sweden 10 That it was in several other Christian Princes CHAP. V. The Supream Spiritual Jurisdiction in England is in Kings 1 THat it was in our British Kings 2 That it was in our Saxon and Danish Kings 3 That it was in William 1. William Rufus and Henry 1. 4 That it was in King Stephen Henry 2. and Richard 1. 5 That it was in King John and Henry 3. 6 That it was in Edward 1. and Edward 2. 7 That it was in Edward 3. and Richard 2. 8 That it was in Henry 4. Hen. 5. H. 6. E. 4. R. 3. and H. 7. 9 That it was in King Henry 8. 10 That it was in the succeeding Princes CHAP. VI. That the Right of Granting Indulgence in Spiritual Matters is in our King. 1 AS he is a Mixt Person 2 As he is a Spiritual person 3 As he is Head of the Church of England 4 From the Grounds of Reason 5 From the Common-Law 6 From the Precedents before W. 1. 7 From Precedents of W. 1. till our time 8 From Precedents in our time 9 From several Acts of Parliament 10 From the Statute of 25 Henry 8. CHAP. VII The Answers to Objections against this Right of the King. 1 That it would incourage Schisms 2 That it would hinder Vniformity 3 That it would cause Discontent 4 That it would countenance Disobedience 5 That the King might then Repeal Statutes 6 That the late Act of Vniformity bars this Right CHAP. VIII Observations upon Examples of Persecution 1 OF Cain 's persecution 2 Of Pharaoh 's persecution 3 Of Haman 's persecution 4 Of Nebuchadnezzar 's persecution 5 Of Darius his persecution 6 Of the Persecutors of our Saviour 7 Of Christ's Disciples persecuted 8 Further Observations upon the Examples 9 The Comfort of Persecution CHAP. IX Observations upon Examples of Indulgence in Spiritual Matters 1 OF Indulgence to Noah 2 Of Indulgence to the Patriarchs 3 Of Indulgence by the Egyptians 4 Of Indulgence by Moses 5 Of Indulgence by Joshua 6 Of Indulgence by the Judges and Kings 7 Of Indulgence by our Saviour 8 Of Indulgence by the Disciples of Christ 9 The Sum and Conclusion of the Treatise THE King 's Right OF INDULGENCE In Spiritual Matters ASSERTED CHAP. I. The Meaning of the Title 1. TO explain the meaning of the Title of this Work Lib. feud 2. tit 2. ss 2. tit 3. ss 1. Idem quod justum id est quod recto jure Constitutum Instit de fidei commis-haered Secundum juris civilis praescripta regulos Bracton l. 5. de exceptionibus c. 28. ss 2. fol. 434. Jus possessionis Jus proprietatis Cook on Littleton f. 345. It may be inquired first what is meant by the word Right The Civilians say that Right is the same with Just that which is constituted by right Law and by just and lawful means that is Right Justinian called the Law Right Rectum so the French say Droict That which the Civil Lawyers term what is according to the Praescripts and Rules of the Civil Law. The same signification it bears in our Law and our antient Authors call it Jus as Right of Possession and Right of Property And if a Tenant in Fee make a Lease for Years and afterwards release all his Right his
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
Letters civilly and filially intreated the Pope and Cardinals 14 E. 2. lib. apud Turrim f. 85. not to hold plea at Rome of things done in England And though in his time the Spiritual Courts held plea Sr. John Davis Rep. f. 95. by the Statute of circumspectè agatis and by general allowance and usage yet they thought themselves not safe till the King had granted them Jurisdiction in these Cases Coke 5 Rep. Eccles Case f. 13. Stat. Articuli Cleri 9 E. 2. wherein the Parliament consented by their Act before mentioned And it was objected nevertheless against this King that he had given allowance to the Popes Bulls and Authority here 7. We meet with the same practice in the time of E. 3. and of his Grand-son R. 2. Edward the third was a wise and Powerful Prince and his time affords us a large view of this matter in the Records and Printed Statutes In his minority and in the heat of his wars in France the Pope sent many Briefs into England at which the King and his Subjects were much offended and did smartly oppose them By the Resolutions of the Judges Coke 5 Rep. Eccles Case f. 15.16 17. and of the Parliaments in his time they admitted no Jurisdiction of the Court of Rome here but punished those who did bring any Bulls from thence or obtained any Provisions of Benefices and the like He entirely resumed the right of his Crown in supream spiritual Jurisdiction The Statute of Provisors recites the Statute of Carlisle 25 E. 3. Stat. de provisor and Asserts That the Church of England was founded in the Estate of the Prelacy by the Kings and their Predecessors And this 27 E. 3. Stat. provis c. 1. and a subsequent Statute forbidding Provisions of Benefices by the Pope do testifie the authority of the King to be Supream in Spiritual matters So doth another Act forbidding those to be curst 32 E. 3. c. 1 2 3. who shall execute the former Laws In the Annals of our Law 17 E. 3.23 we also find Resolutions to the same effect for the Kings right of granting Exemptions from the Jurisdiction of the Ordinary which manifests his own Supream Spiritual Jurisdiction In his time it was resolved 28 Assis pl. 20. 38 E. 3. c. 7. Coke 5 Rep. Eccles Case f. 16. That a Priour being the Kings debtor might sue a Spiritual Person for Tithes in the Exchequer for until a Statute of this King the right of Tithes was determinable at the Kings Temporal Courts and in many Mannors of the King and of other Lords they had probate of Wills. This King translated Canons Secular into Regular and Religious 38 Assis pl. 22.49 E. 3. lib. Assis pl. 8. and made of the Priour and Covent of Westminster who were Regular Persons capable in Law to sue and to be sued All which and divers others omitted are proofs of this Jurisdiction in him In the Nonage of R. 2. the Power of Rome again budded and they attempted to incroach by sending hither Bulls Briefs and Legates Whereof the People were so impatient that they offered to live and dye with the King in withstanding this Usurpation In his time an Act makes it Death to bring any Summons 13 R. 2. c. 3. Excommunication c. against those who executed the Statute of Provisors Another Statute makes it a Praemunire to purchase or pursue in the Court of Rome or elsewhere any Translations Provisions 16 R. 2. c. 5. and Sentences of Excommunication Bulls Instruments or any other things which touched the King his Crown and Regality or his Realm And declares that the Crown of England hath been in no Earthly Subjection but free at all times and immediately Subject to God in all things which is full Supremacy and in all things includes Spirituals The King had also the ill fortune to have it objected against him in Parliament that he had allowed of some Bulls from Rome 8. We come now to the times of several Kings who found this point so well settled that there was not much need of their stirring in it yet the same Jurisdiction was exercised by them In H. 4. time were several Resolutions of the Judges Coke 5 Rep. Eccles Case f. 22 23 24. expresly disallowing the Supremacy of the Pope in this Realm and confirming the Kings A Statute makes it a Praemunire to purchase Bulls from Rome 2 H. 4. c. 3. 6 H. 4. c. 1. Another forbids the horrible Mischiefs and damnable Customes of the Court of Rome about compounding with the Popes Chamber for First-fruits Another makes it a Praemunire for any to put in execution here any Bulls for the discharge of Dismes 2 H. 4. c. 6. In his sons time an Act makes it a Praemunire for one by colour of Provisions from Rome and Licences thereupon 2 H. 5. c. 9. to molest any Incumbent In his time the Lands of Religious houses were in some danger to be taken away Martin Chron. p. 142. the King being Petitioned to suppress them as Nurseries of Idleness Gluttony Leachery and Pride and that their Revenues would bring yearly to the Kings Coffers 200000 l. and also maintain 15 Earls 1500 Knights and above 6000 men at Arms. But by the Policy and liberal offer of the Clergy to supply the Kings occasions in furtherance of his Title to France this business was diverted In the minority of H. 6. Sir Jo. Davis Rep. f. 96. when the Commons had deny'd the King a Subsidy the Prelates offered a large supply for his Warrs if the Act of Provision were repealed But Humphrey Duke of Gloucester who not long before had cast the Popes Bull into the fire caused this motion to be denyed as derogatory to the Kings Right and Supremacy In this Kings Reign it was adjudged 1 H. 6. f. 10. 8 H. 6. f. 1. that the Popes Excommunication is of no force in England by the Common Law. The succeeding Kings were not so active in these matters nor was there so much occasion for it in their time as in the Reigns of their Predecessors E. 1 H. 7.20 9 E. 4. f. 3. Fitz. N. B. f. 44. 12 E. 4.46 4. was full of trouble yet we find mention of a resolution in his time that the Pope could not grant any Sanctuary in England And that if one Spiritual Person did sue another at Rome where he might have Remedy here he should incurr a Praemunire Another Judgment was that the Popes Excommunication was of no force in England And when two Legates 1 H. 7. f. 10. one after another came into England they could not be admitted till they had taken an Oath to attempt nothing against the King and his Crown R. 2 R. 3. f. 22. 3. had a short and unhappy Reign after his wicked Usurpation and was careful to please the Clergy yet in his time it was resolved That a Judgment or Excommunication at Rome
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
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
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.