The best Fence against Popery OR A VINDICATION OF THE Power of the KING IN Ecclesiastical Affairs Being an ANSWER to the PAPISTS Objections against the Oath of Supremacy To which is added Queen Elizabeth's Admonition declaring the Sense of the said Oath and King James's Vindication of the Oath of Allegiance By a Learned Divine London Printed for J. Robinson in St. Paul's Church-Yard and S. Crouch in Cornhill THE LAWFULNES OF THE Oath of Supremacy c. THE Supremacy of the Kings of England being eclipsed by the Bishop of Rome in both parts of it the State thought fit to enjoin a Provision of equal extension In relation to the Civil Rights of the Crown is the Oath of Allegiance and against the Encroachments upon the Ecclesiastical this of the Supremacy which being first enjoined containeth in a manner both This Oath hath given the Papists such a Blow as they could not but strike again and have poured out a Flood of Arguments and Absurdities against submitting to it which hath been a long time scattered and stick in the Minds of divers of his Majesty's Loyal Subjects who tho otherwise well affected yet by reason of some Doubts and Tenderness are at a stand to this day and scruple the taking of this Oath For whose satisfaction and clearing the Lawfulness of this Supremacy is the ensuing Discourse CHAP. I. §. 1 The Oath it self as now enjoined §. 2 The Occasion of this Oath §. 3 Various Forms of it and Alterations about it §. 4 Interpretations given of it in our Laws and Writers of Note §. 5 The Nature of our Assent and Stipulation The Oath of Supremacy I A.B. do utterly testify and declare in my Conscience that the King's Highness is the only Supreme Governor of this Realm and of all other his Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal And that no Foreign Prince Person Prelate State or Potentate hath or ought to have any Iurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all Foreign Iurisdictions Powers Superiorities and Authorities and do promise that from henceforth I shall bear Faith and true Allegiance to the King's Highness his Heirs and lawful Successors and to my power shall assist and defend all Iurisdictions Privileges Preeminences and Authorities granted or belonging to the King's Highness his Heirs and Successors as united and annexed to the Imperial Crown of this Realm §2 For many Years there hath been a Contest about Jurisdiction and Supremacy in Ecclesiastical Matters between the Bishop of Rome and the Kings of England who hath got ground herein according as our Princes were found more weak necessitous or devoted to his Holiness Rome was not built in a Day By William the Conqueror Legates from the Pope to hear and determine Ecclesiastical Causes were admitted Henry the First after much Contest yields to the Pope the Patronages and Donations of Bishopricks and all other Ecclesiastical Benefices it being decreed at Rome that no Lay-Person should give any Ecclesiastical Charge King Stephen grants that Appeals be made to the Court of Rome In Henry the Second's Days the Pope gets the Clergy and Spiritual Persons exempted from Secular Powers The Bishop of Rome is now over all Ecclesiastical Persons and Causes even in these Dominions Supreme Head And having upon the matter made Conquest over more than half the Kingdom in the Times of King John and Henry the Third sets on for the whole and obtains of King John an absolute Surrender of England and Ireland unto his Holiness which were granted back again by him to the King to hold of the Church of Rome in Fee-farm and Vassalage Being now absolute and immediate Lord over all be endeavours to convert the Profits of both Kingdoms to his own Use so that Prince and People were hereby reduced to very great Poverty and Servitude Such Ruine being brought upon both Kingdoms by this Device and Engine the Claim and Exercise of Ecclesiastical Jurisdiction over Persons and Causes by a Foreign Power the Nation was awakened both King Lords and Commons yea the Spiritual Lords themselves to join with more Vigor against this Foreign Usurpation To this purpose severe Laws were made in the Time of Edw. 1st 2d 3d. Richard the 2d and Hen. the 4th Notwithstanding these Laws and some formerly as the Constitutions of Clarendon by Hen. 2. partly by Sufferance and partly by Negligence the whole Nation being Catholick and held under a devotional Slavery there was no thorow or successful Contest against these Oppressions They remained unto and were complained of in Henry the Eighth's Days as of Appeals to Rome in Causes of Matrimony Divorce Tithes c. to the great Inquietation Vexation and Trouble Costs and Charges of the King's Highness and many of his Subjects 24 Hen. 8. cap. 12. In a further Complaint Anno 25 cap. 21. it is declared how that the Subjects of this Realm have been greatly decay'd and impoverished by intolerable Exactions of great Sums of Money claimed and taken out of this Realm by the Bishop of Rome as well in Pensions Censes Peter-Pence Procurations Provisions Delegacies Rescripts in Causes of Contention and Appeals as also for Dispensations Licenses Faculties c. who assumed a Power to dispense with all humane Laws Vses and Customs of all Realms And many the like Complaints were made to King Henry by his Parliament at several times as it appears in the Statutes of that Age In which Statutes as in that of the 24th of Hen. 8. c. 12. 25. c. 21. 26. c. 1 3. Anno 28. c. 1 7 10 16 and 35 c. 1. you have the whole Fabrick of Romish Usurpation laid level and all Ecclesiastical Power reduced within his Majesty's Dominions and placed in the Arch Bishop and other Ecclesiastical Persons under him by firm and severe Laws This being done the King is petitioned by his Lords and Commons That for further Corroboration of those Acts and utterly to exclude the long usurped Power Authority and Jurisdiction of the Bishop of Rome that an OATH containing the Substance and Effect of those Statutes be limited and tendred to his Subjects This Parcel of Sacred Worship an Oath is indulged to Mankind in Civil Affairs Such is the Falseness Unrighteousness and Uncertainty of Men as that human Societies could hardly subsist without it The Lord to repair our Credit hath formed Mens Hearts generally to a great and apparent Religion and Reverence of this Ordinance The Heathens themselves termed it Sacramentum as if the most eminent or only Thing Sacred and religiously to be observed It is so effectual a Means to establish a Reformation as Men will be kept firm by Oaths saith one Liv. Hist tho there were neither Laws nor Magistrates We are exposed to more Variety and Changes from Vnsteadiness in the Mind than from any thing that is without us Fix the
That the Archbishops Bishops Archdeacons and other Ecclesiastical Persons have no manner of Ecclesiastical Jurisdiction but by from and under the King 's Royal Majesty By the Statute also of 1 Edw. 6. c. 2. All Courts Ecclesiastical within the Realms of England and Ireland ought to be kept by no other Power or Authority either Foreign or within the Realm but by the Authority of His most Excellent Majesty And it was further Enacted That all their Process shall issue out under the King's Seal and His Name and Style c. but since repealed Dr. Cosens in his learned Defence of them and their Proceedings asserts thus They are saith he warranted by the Statute and Canon Law of this Nation professing also that there were Reason enough against those Ecclesiastical Proceedings if they were not claimed from the Crown but from some other Authority immediately as the Popish Clergy did theirs from by the means and direction of the Pope Apol. Part 1. Cap. 1. 2. Our Convocation or General Synod which makes Laws and Canons about matters that are more spiritual This is an ancient Court and hath formerly been in it self of great Authority in Ecclesiastical Regulations it 's not so now but dependent upon the Civil Magistrate for whatsoever Jurisdiction or Coercive Power there exercised which will appear in these Particulars 1. There are no Laws or Canons made by the Bishops and others of the Clergy in the Convocation that oblige under any Penalty without the Stipulation and Assent of the Civil Magistrate be it either in matters of Faith or Discipline The 39 Articles and Canons about them concluded upon by the Synod in Anno 1562. engaged no man under any Penalty in our Law to believe profess or subscribe until they had an Assent or Establishment by the Civil Powers Nor can they proceed against any Crime as Heresie Apostasie or gross Enormity in Doctrine but what our Laws declare to be such Nihil habet vim legis priusquam Regius assensus fuerit adhibitus iis quae Synodus decernanda censuerit Cosins Polit. Ta. 1. a. And for matters of Discipline and Worship it appears by the Letters Patent Copies whereof are annexed to the Canons published in Anno 1603 and 1640. That 1. All power to meet confer treat debate and agree upon any matter for common good is from such Licence Power and Authority as is granted to the Archbishops Bishops Chancellors and other Members of the Convocation from His Majesty of His special Grace and by virtue of His Prerogative Royal and Supreme Authority in Ecclesiastical Causes And 2. the Synod having treated of concluded and agreed upon Canons Orders c. To the end and purpose by His Majesty limited and prescribed unto them they are to offer and present the same to His Majesty in writing He upon mature consideration taken thereupon may allow The Licence to the Convoc in Anno 1640. approve confirm and ratifie or otherwise disallow anihilate and make void such and so many of the said Canons Orders c. as he shall think fit requisite or convenient And none of those Canons c. shall be of any force effect or validity in Law but only such and so many of them and after such time as His Majesty by His Letters Patents shall approve and confirm the same The Civil Magistrate may suspend for what time he shall please yea wholly deprive any Bishop or Bishops from their Office and Place in this Synod who are the chiefest Members thereof He may Commissionate also by Writ * Cook Instit pag. 4. cap. 74. what other Persons He shall please to sit in Convocation with them And if occasion be He may likewise wholly constitute another Synod and nominate each particular Person of what Quality and of what Number of His Natives as He shall please and give them like Authority in Ecclesiastical matters So was that Synod of the 32. appointed by Hen. 8. and afterwards by Edw. 6. to do the work of a Synod and present a Body of Ecclesiastical Canons for Confirmation by the Magistrate Field Of the Church Lib. 5. cap. 53. Princeps potest assignare nominare authoritatem dare quandocunque quamdiu ipsi placuerit hujusmodi indigenis subditis quos idoneos censuerit c. Dr. Cosin de Pol. Tab. 1. a. 3. These Laws saith * De Ju. Ec. pag. 9. Cook are termed Regiae Leges Ecclesisiasticae and another such Ecclesiastical Laws as now are in force are called the King 's Ecclesiastical Laws for that now all Jurisdiction whether it be Temporal or Ecclesiastical is the Kings And if there be any thing difficult or doubtful in these Laws the Interpretation is ultimately to be given in the Civil Judicatures So Cook 's Instit pag. 4. cap. 74. To the King also is the last Appeal to be made and Delegates appointed by Him give final Determination in Controversies after adjudged by those Laws and Canons in any yea the highest of those Ecclesiastical Courts Vltima Appellatio sit ad Principem non extra Regnum saith Dr. Cosen and tells us it is a Jurisdiction Coronae Regiae de Jure debita * Dr. Ridley's view pag. 110. * 25 Hen. 8. c. 19. * 15 Hen. 8. c. 21. 4. The King's Majesty may dispense with any of those Canons or Ecclesiastical Laws indulge the Omission of what is enjoined by them make void the Crime and remove the Penalty incurred by breach of them yea and give Faculty to do or practise otherwise any Synodical Establishment or long usage to the contrary notwithstanding in what offends not the Holy Scripture and Laws of God 5. The King may exempt Persons and Societies from the Jurisdiction of the Ordinary or Bishop or any else who are to execute these Canons This my Lord Coke asserts De Jure Eccles and as a Prerogative annexed to the Crown He gives many Instances of such Dispensations in several Kings Reigns both ancient and of later times For doubtless what Power He grants and is exercised under Him may be re-assumed by Him And Priviledge even whole Parishes if he please from Episcopal or Synodical Jurisdiction and such Parishes are said to be Regiae Majestati immediate subditae Mocket de Ecclesiastica Ang. Pol. pag. 294. And many Parishes to this day stand thus exempted by the favour and grant of Princes formerly The Dutch and French Churches in several Parts of this Kingdom by Patent from Edw. 6. were exempted from the then Establishment and exercised a Discipline and Forms of Worship according to their own Perswasion our Synod and Ecclesiastical Courts having by vertue of this Exemption nothing to do with their Ministers or Churches which Priviledge hath been confirmed to them by our Kings that Reigned since and are enjoined to this day His Majesty that now is by His Prerogative in Ecclesiastical Matters notwithstanding the present Form of Worship and Ceremonies Graciously indulged Tender Consciences a
them And if any Person that hath conceived any other Sence of the Form of the said Oath shall accept the same Oath with this Interpretation Sence or Meaning her Majesty is well pleased to accept every such in that behalf as her good and obedient Subjects and shall acquit them of all manner Penalties contained in the said Act against such as shall peremptorily or obstinately refuse to take the same Oath In the fifth Year of her Reign there is by Act of Parliament a Confirmation of this Sence by way of Proviso in these Words The Proviso in the Statute of 5 Eliz. cap. 1. Provided also That the Oath expressed in the said Act made in the said first Year shall be taken and expounded in such Form as is set forth in an Admonition annexed to the Queen's Majesty's Injunctions published in the first Year of her Majesties Reign That is to say to confess and acknowledg in her Majesty her Heirs and Successors none other Authority than that was challenged and lately used by the Noble King Henry the Eighth and King Edward the Sixth as in the said Admonition more plainly may appear There may be a Doubt made about this Interpretation as whether it be not inconsistent with the Words of the Oath it seems to be rather a material Change of them than an Interpretation In the Oath it is All Spiritual or Ecclesiastical Things or Causes in the Interpretation it is All manner of Persons of what Estate either Ecclesiastical or Temporal soever they be The Oath seems to speak of one thing and the Interpretation of another the one of Causes and the other of Persons Ad leges per se requiritur potestas in persinam secundario â—…res 〈◊〉 Suarez 〈…〉 lib. 1. cap. 8. Answ There is no opposition or Inconsistency between these two Persons and Causes The principal Object of a Law is a Person and a Person with respect to his Actions a Person morally considered for a Person physical that is in his Being only and Nature as Man without moving or acting any thing good or evil is not the Object of a Law nor Actions of any kind or sort whatsoever as Actions and in that general Consideration do come under a Law but as they respect Persons and are some way or other the Actions of reasonable Creatures Tho a Law be made to punish the Exod. 21.29 Ox which goreth a Man that he dieth yet it is with respect to Man to let him know how much God is provoked by shedding Man's Blood as Gen. 9.5 1 Cor. 9.9,10 Doth God care for Oxen Doth God in his Law respect the Beast for it self is it not that Man may be instructed and restained Verse 10. He saith it altogether for our sakes The mentioning of Ecclesiastical Causes therefore doth imply Persons and Persons of the same Denomination to whom such Actions are peculiar that is Ecclesiastical Persons 2. And that this latter is an Interpretation of the former will thus appear The Oath in giving a Supremacy in all Spiritual or Ecclesiastical Causes might seem to imply Spiritual Things to be the immediate and proper Object of the Magistrates Power and spiritual Persons only for this because they had to do in spiritual Matters and to infer thence that the Christian Magistrate hath Power in spiritual Administrations as the Word and Sacraments after the same manner as hath the Ministers of Christ who have Power in these Things as the principal and immediate Object of their Function Which this Form af Expression in the Admonition doth clearly take away 1. In asserting that by the Words of the said Oath Kings or Queens of this Realm may not challenge Authority and Power of Ministry of Divine Offices in the Church 2. The mentioning Ecclesiastical Persons and not Spiritual or Ecclesiastical Causes at all implieth that the Persons of Bishops Presbyters and such like are primarily and immediately the Object of this Supreme Power and the Laws made by it upon another Consideration than as Bishops c. namely as being born within these her Majesty's Realms and Dominions and such Persons of what Estate either Ecclesiastical or Temporal soever they be She hath the Sovereignty and Rule over them Spiritual and Ecclesiastical Things are mentioned in the Oath upon a twofold Account 1. Because the Civil Magistrate's Power and Jurisdiction really extends it self to the Duties of both Tables and hath to do with Matters and Causes as well as Persons that are spiritual as hereafter we shall shew but 2. Principally that a Calling or Employment in Church-Affairs whatsoever hath been formerly judged and practised doth no more exempt a Person and his Actings that is a Subject to the Queen upon any other account from her Secular Power than doth a Temporal Calling or Employment in any worldly Affairs There is something of Explication further in the Articles of Religion concluded in the Year 1562. The 37th Article is this The 37th Article professed in the Church of England The Queen's Majesty hath the chief Power in her Realm of England and other her Dominions unto whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all Causes doth appertain and is not nor ought to be subject to any Foreign Jurisdiction Where we attribute to the Queen's Majesty the chief Government by which Titles we understand the Minds of some slanderous Folks to be offended we give not to our Prince the ministring either of God's Word or of the Sacraments The which thing the Injunctions also lately set forth by Elizabeth our Queen do most plainly testify But that only Prerogative which we see to have been given always to all Godly Princes in Holy Scriptures by God himself that is that they should rule all Estates and Degrees committed to their Charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil Sword the Stubborn and Evil-doers The Bishop of Rome hath no Jurisdiction in this Realm of England It is mentioned in the Admonition that the Queen 's Ecclesiastical Power is the same that was challenged and used by Henry the Eighth c. Which is supposed by some to be the same that was in the Pope the Person only and not the Power changed so that our Princes are but Secular Popes This Objection was strengthned by the Subtilty of Gardiner Whom Calvin terms Impostor ille in Am. 7.13 abroad and at home by a Sermon preached at Paul's-Cross in the Year 1588 by Dr. Bancroft who calls Queen Elizabeth a petty Pope and tells us her Ecclesiastical Authority is the same which the Pope had formerly This 37th Article removes the Scruple sufficiently 1. In asserting the Authority given to her Majesty to be no other but what we see to have been given to all Godly Princes in holy Scriptures c. And for what Power Henry the Eighth challenged 26 Henry 8. cap. 1. it was no new Jurisdiction wrested from
of a particular Church hath Affinity with that of lesser Bodies more than with the Government of Empires and Kingdoms Object §1 IT may be objected that Churches are spiritual Corporations and of a more peculiar Consideration in respect of their Government and therefore not to be reckoned with Civil at least not with Families or such mean and low Societies Answ Policy or Government in it self and all the sorts of it is from the Light of Nature and common Reason And this is generally supposed by all that tho the Subject Matter or Persons governed be of different kinds yet the Law and Forms of Government may be the same where so appointed by Christ And I rather insist on such a way of Discourse and Reasoning as most suitable to the Subject I am upon but especially because Subordination of Churches to Churches is argued from the Light of Nature and in this very Case termed by our Brethren a Divine Topick Now if we may argue and guide our selves in Church-Affairs by the Light that shineth forth from the natural Wisdom and Prudence of Man in the Government and managing of Kingdoms there is as much a Jus Divinum and ground of reasoning from the Light that appears in the prudent Constitution and Government of any other civil Society I have mentioned in the Considerations Cities Families and those lesser and contained as I term them Societies or Corporations with particulars Churches Because I humbly conceive the Policy and Government of each tho in other things different to be more proportionable and of greater Similitude in many things then between particular Churches and those greater and containing Bodies Kingdoms Empires or the like Churches thus humbly constituted and governed are most consistent with Civil Magistracy of what Form soever the Common-wealth shall be In Confirmation of this Agreement or Similitude I shall take for the most part the Concessions of the learned of each Perswasion The Instances or Particulars are these §. 2 1. Families tho contained under the National Government where they are sinuated yet are intrusted with a ruling and governing Power compleat and sufficient each in and for it self so are particular Churches 1. They are intrusted with a Government each for it self It is not sufficient saith Mr. Perkins Perk. on Rev. 2.20 for a Church to have the preaching of the Word but Church-Government This Church speaking of Thyatira is blamed because she did not use the Authority God had given her There is given to the Ministers of each particular Congregation according to Episcopal Ordination established by our Law not only a Power to preach c. Take Authority to preach the Word of God but they are made Rectors Governours in those particular Churches and it 's said to them Whose Sins thou dost remit they are remitted and whose Sins thou dost retain they are retained by which Words the Keys of Discipline are given them see Bilson Perpet Govern p. 213. ' By Order of the Church of England saith Bishop Vsher Reduct of Episc p. 2. all Presbyters are charged to administer the Doctrine and Sacraments and the Discipline of Christ as the Lord hath commanded and as this Realm hath received the same And that they might the better understand what the Lord hath commanded therein the Exhortation of St. Paul to the Elders of the Church of Ephesus is appointed to be read unto them at the time of their Ordination Take heed to your selves and to all the Flock among whom the Holy Ghost hath made you Overseers to * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 so taken in Mat. 2.6 and Rev. 12.5 and 19.15 rule the Congregation of God which he hath purchased with his Blood ' ' Mr. Hooker Ho. Eccl. Pol. lib. 3. Sect. 1. tells us that for Preservation of Christianity there is not any thing more needful than that such as are of the visible Church have mutual Fellowship and Society one with another In which Consideration the Catholick Church is divided into a number of distinct Societies every of which is termed a Church within it self not an Assembly but a Society A Church as we are now to understand it is a Society that is a number of Men belonging to some Christian-Fellowship the Place and Limits whereof are certain having communion in the publick Exercise of such Duties as are mentioned Acts 2.47 As those of the Mystical Church by their inward Graces differ from all others which are not of the Body and those that are of the visible Body of the Church have the Notes of external Profession Even so these several Societies or Churches have Properties belonging to them as they are publick Christian Societies And of such Properties it may not be denied that one of the very chiefest is Ecclesiastical Policy We use the name of Policy rather than Government because Church-Policy containeth both Government and also whatsoever besides belongeth to the ordering of the publick Affairs of the Church of God ' In which words he asserts not each particular Church to have Government in it self but this Government as a Property or Propriety by which it 's distinguished from the Mystical as also the Catholick visible Church So that he doth not as some of late make the Catholick visible Church the first Subject of the Keys but each particular Society or Church supposing that great Body of Christians to be only and immediately under the Spiritual Government of Christ Jesus 2. Compleat and sufficient It is not to be understood of such a perfection as may not with much advantage receive help both from the Power of the Magistrate as I have shewed before as also from the Counsel and Advice of other Churches But I mean an essential Compleatness or Sufficiency not being deficient in any material requisite for Government This that learned Author expresseth in those last Words ' We use the Word Policy saith he rather than Government because Church-Policy containeth both Government and also whatever besides belongeth to the ordering of the Affairs of the Church of God Every particular Church saith Mr. Cartwright Against Whitgift lib 3 pag 147. having an Eldership is a Catholick Church of Christ under whom Pastors Doctors and Elders are the ministerial and immediate Governors In which Words he intimateth a Compleatness in each particular Church for Government and Privileges as much as if the Catholick visible Church were Organical and a governing Church ' The Power of Jurisdiction saith one Rutherf Due Right 〈◊〉 Presbyt pag. 307. is as perfect and compleat in one single Congregation as in a Provincial as in a National yea as in the Catholick visible Body ' All Things are yours saith Paul to a particular Church 2 Cor. 3. To this purpose Mr. Parker Parker's Polit. lib 3. cap. 13. Sicut non pars c. As a particular Church is not a maimed or half but a whole and perfect Body so it is possessed with the whole and entire Church-Government and not