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
the speaking or declaring of Law the soveraign or the highest lawful Authority Spiritual Jurisdiction is about matters relating to the Spirit or Souls of Men to Eternity wherein a King in the strict acceptation of the Word can have no Jurisdiction for no Power can command the Spirit or Soul of Man but God only French Academy c. 33. p 540 541. Accordingly an Ingenious French Author holds That one part of Man's building the Soul is created free for ever and to be exempted from the yoke of Humane Power acknowledging only the Divine Jurisdiction as the Apostle intimates Standfast in the liberty wherewith Christ hath made us free Gal. 5.18 ye have been called unto Liberty The Spiritual Jurisdiction whereof we speak is and can only be exercised upon the Body concerning some actions which may have a relation to the Spirit and eternal condition of Man wherein the Magistrates power is exercised to suppress Idolatry and Sin. Field of the Church p. 680. Dr. Field saith that Spiritual Causes are of two sorts some are originally and naturally such and some only in that they are referred to the cognizance of Spiritual or Ecclesiastical Persons as the Ecclesiastical Testaments Matrimony Sir John Davis rep Case of the Premunire c. And Sir John Davis saith that for 300 Years this distinction of Spiritual or Ecclesiastical and Civil was not known or heard of in the Christian World. The causes of Testaments Matrimony c. termed Ecclesiastical or Spiritual were indeed meerly Civil and determined by the Laws of the Secular Magistrate for making of Wills and Marrying were regarded by Heathens as well as Christians But for Causes and Persons Spiritual and Ecclesiastical that are properly and indeed such as First-table-duties which concern matters of Faith and Holyness and what conduceth to the eternal welfare of Mens Souls Some hold there is a Right in the Civil Magistrate more suo to give Commands and exercise lawful Jurisdiction about things of that nature And it is meant and will in part be made appear that as to Spiritual Matters a Supreme Spiritual Jurisdiction which is always to be intended according to Law over Persons and Matters which are usually termed Spiritual or Ecclesiastical is in Kings 2. In the next place we may consider the matter of fact and the consequence of the Argument thereupon The matter of Fact will be showed to be the constant and general practice and exercise of Supreme Jurisdiction in Spiritual Matters by most Kings and Princes both Christians and Pagans and from the eldest Times to our present Age which will be distinguished and some particulars of this Practice briefly noted in the following Sections The consequence and conclusion thereupon will be this If Kings and Princes have Supreme Jurisdiction in Spiritual Matters as the practise thereof and the Authorities proving the same do demonstrate that they have It will then necessarily follow that the Right of Indulgence which is a part of that Supreme Jurisdiction is likewise in those Princes He that hath Right in the whole hath Right in every part thereof and the grant of Indulgence is an Act of Jurisdiction in Spiritual matters comprehended within the general Jurisdiction which belongs to Princes and consequently doth belong to those to whom the Supreme Jurisdiction doth belong in Spiritual matters and that is to Kings and Princes We may begin with the eldest exercise of this Jurisdiction 3. The first Exercise whereof was in Fathers of Families and by the same reason is proper to be in Kings who are Fathers of their Countreys The first guide of the Requisites Calibute Downing 's Discourse of the Estate Ecclesiastical p. 57. as to Publick Exercise and actions of Religion was the original Domestick Discipline in Private Families where the Father was a King and Priest Adam directed his Sons to Sacrifice Seth Noah Abraham and the Princes of those times Fathers of Families were Priests also That the Priesthood was in the First-born as in Melchisedeck who is taken for Shem the first-born of Noah and in the rest of the first-born the Fathers of Families in those times before Aaron is admitted both by Christians and Hebrews Abraham and every Patriarch or Prince within his Territory and every Father of a Family within his Family did exercise the office of Priest also So it is or ought to be at this day That every Father of a Family is either in his own Person if he be able or by providing some fit Person if his Estate will bear it to perform Religious Duties in his Family to pray and expound the Holy Scriptures there It will not be denied but that every such Father of a Family may dispense with and indulge any of his Children or Servants to be absent from those Family-Duties when he shall see just cause for it And it would be hard to deny a Prince the same power of Indulgence to his Subjects which is allowed to every Father of a Family to his Children and Servants 4. We may in the next place look into this Jurisdiction Exod. 29.9 Numb 3.10 as it was exercised by the Hebrew Princes Moses Consecrated and commanded Aaron and Moses is styled the Priest of Priests and the Supreme King Rex summus item Sacerdos Jos 1.5 Jos 7. and also Priest which is testimony sufficient of his Supremacy in Spiritual things Joshua had the presence of God with him as Moses had and commanded all as he did both Persons and Causes he built an Altar in Mount Ebal and offered Sacrifices there and read the Law to the Levites and Priests Deborah was Prophetess and Judge or Prince of Israel Samuel was a Prophet and he and most of the Judges of Israel did exercise Supreme and Spiritual as well as Temporal Jurisdiction in Israel So did David Solomon Jehosaphat Hezekiah and other Kings of Israel Bertramus Menechius Seldenus Sigonius c. and of Judah whereof there is plentiful mention in the holy Story and in those Authors named in the Margin who have written on this Subject and it is the best Pattern to be followed by other Princes The Hebrew Word for a Priest signifies likewise the Prince of a Territory not that Priesthood made one a Prince or did carry Command with it but that Princes were chief Priests also in their Territories Before the Law given in Sinai Moses had cognizance as well of Sacred as of Prophane Matters together as they were termed without the distinction of Spiritual and Civil And this appears in the Tribunals set up by Jethroes advice and in his Judgments in those Sacred Causes and to him the Appeals were made whether the Matters were Sacred or Prophane and doubtless in the exercise of this Supreme Spiritual Jurisdiction the power of Indulgence where he saw cause was not denyed him 5. The like Jurisdiction was in the Heathen Princes who from the Presidents of the Hebrews although miserably depraved drew their Customs to have
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
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
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
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.
but were the Children and Posterity of those and were now become Natives and Denizens of England and therefore ought to yield the same conformity to the Laws as others of the Kings Subjects did and for that reason in regard of their Non-conformity he said he moved his Majesty to take away that Indulgence from them But this Answer was not approved the King thought fit to continue his Grace and Favour to these Sons of Strangers and to preserve his own right in granting and confirming this Indulgence The Arch-Bishop acknowledged this Right to be in the King by moving him to take it away and the Parliament acknowledged it to be in the King by their not being satisfied with the Arch-Bishops answer to their Charge about it and by their Proceedings in it And the confirmation and continuance of this Indulgence in Spiritual matters to the Children of those Strangers now become Natives of this Kingdom which they justly and deservedly enjoy to this day under the Goodness and Favour of our present Gracious Sovereign is no slender Argument of his Majesties Right to grant the same and to grant the like Indulgence to any other of his Loyal Subjects Another Precedent in our time is upon several Acts of Parliament in the time of Queen Elizabeth and King James â—â— El c 2. â— Ja. c. 4. â— Ja. c. 5. by which all Jesuits and Romish Priests are prohibited from coming into this Realm upon Pain of High Treason and Rewards are given to those who shall discover them here and Forfeitures for saying or hearing of Mass And in these Statutes nothing is mentioned or reserved as to the Kings right of Dispensing with them or granting Indulgence upon them Nevertheless we all know that in our time all along upon Reasons of State for publique Service and Occasions and upon Contracts of Marriage by our Kings with Forreign Princes upon great Advice and publique Treaties it was thought fit and lawful that our Kings should grant Indulgence to such Romish Priests and such a Number of them as was agreed and held expedient for attendance in the Courts of their Royal Consorts And although nothing thereof is mentioned in those Statutes yet no question hath been made upon the Kings right of Indulgence on this occasion but the same remains undisputed and acknowledged And surely upon the same grounds of Reason and Law by which our Kings have and exercise this right of granting Indulgence to the Chaplains and Servants of our Queens though Romish Priests and English-men and no reservation thereof in those Acts of Parliament but this right taken as Inherent in the Crown our King may likewise owe Indulgence to any other of his Subjects differing in smaller matters of Religion There will be no need to mention the Precedents in our time of the late Kings Order That no Children of any of the Nobility should be Marryed without a particular License from the King which he granted and sometimes permitted the Arch-Bishop to grant Nor of the Kings granting of Licenses or Indulgences under the Great Seal to Persons and their Heirs to Eat Flesh on Fasting-dayes and in Lent although in the Statute 5 El. no reservation or mention is of the Kings Power to grant any such Indulgence but he doth it by Vertue of his Supream Right in matters Spiritual That one precedent of the Indulgence granted and continued to those of tâ—â— French and Dutch Protestant Congregations is a very full testimony and acknowledgment of this right to be in the King and that when he pleaseth he may extend and grant the like to any other of his Native and faithfull Subjects of this Kingdom 9. Not only precedents of elder and later and of our own time do affirm this right to be in the King but it seems also warranted to be in him by several Acts of Parliament We may look as high as the time of E. 1. 11 E. 1. c. 32. in the Statute of Carlisle forbidding the Provisions of the Pope without the Kings Licence If then he might grant that Indulgence more strongly he may do it now The Statutes of praemunire doe highly assert the Kings right as do those of Provisions and are before in part mentioned To come to those which seem nearer our matter By the Statute of 25 H. 8. it is enacted That Appeals from places exempt which were to the See of Rome 25 H. 8. c. 19. shall be to the King in Chancery which asserts his right in those matters a fortiori in granting the Indulgence now desired By the Statute in the 26 year of this King it is enacted That the King may order c. as by any spiritual Authority or Jurisdiction ought or may lawfully be Ordered c. If then it did or doth belong to any spiritual Jurisdiction to grant Indulgence in spiritual matters it is by these Statutes given unto the King. But the Pope practised to grant Indulgences in greater matters than any upon earth even to the Pardon of sins and freeing Souls out of Purgatory which will not be taken as a precedent And as the Law of the Church was before this Statute taken he might lawfully grant Indulgence in any spiritual matters whatsoever and indulge any Non-conformity It therefore follows that by this Act the King hath the same right and may lawfully order and grant Indulgence in the matters for which the same is now desired By the Statute 28 H. 8. is recited That the Bishop of Rome 28 H. 8. c. 16. for profit used to grant to the Kings Subjects divers Authorities Faculties Licenses Indulgences c. And it enacts that all Dispensations from the Sea of Rome shall be voyd and that the effects and contents of Bulls Faculties c. purchased of the Sea of Rome which shall be allowable shall be confirmed under the Great Seal By the Judgment of this Parliament this right of Indulgence was declared and enacted to be in the King And that such Indulgences c. as were necessary and allowable for the people to have whereof the King was Judge should in the effect of them be passed under the Great Seal that is by the King whose Warrant to the Chancellor doth authorize him to pass a Grant under the Great Seal accordingly The Statute of 1 El. reeites that in H. 8. time divers good Laws 1 El. c. â— were made for the extinguishment of all usurped and forreign Powers and Authorities and for the restoring and uniting to the Imperial Crown of this Realm the ancient Jurisdiction thereto belonging by reason whereof the Subjects ever since enjoyed good order and were disburthened of the intollerable Charges and Vexations so usurped on them That Act abolisheth all forreign Jurisdiction Spiritual or Ecclesiastical within this Realm and Enacts That such Jurisdiction Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority had heretofore been or lawfully might be exercised or used for the Visitation of the Ecclesiastical State
Servant of Christ Jesus 9. This Section and Chapter may be concluded with a Contemplation of the Comfort of Persecution It was the condition of the holy Apostle Paul and will be the Condition of all faithful Servants of Christ 2 Cor. 6.4 5 8 9 10. to be in much Patience in Afflictions in Necessities in Stripes in Imprisonments in Tumults in Labours in Watchings in Fastings by Honour and Dishonour by evil Report and good Reports as Deceivers and yet True as Unknown and yet Well-known as Dying and behold we Live as Chastened and not Killed as Sorrowful and yet always rejoycing as Poor yet making many Rich as having nothing and yet possessing all Things Our Master Christ Jesus being Lord of all yet was pleased to indure the greatest Persecution for our Sakes shall not we then be willing to indure short Persecutions for his Sake and the Gospels These Persecutions will be Comforts and Blessings to all that faint not but persevere in Righteousness to the end The Discourse of Bishop Hall Bp. Hall Decad. 5. Epist 5. is heavenly on this Subject The Bone that was disjointed cannot be set right without Pain no Potion can cure us if it work not it works not unless it make us Sick we are contented with the Sickness which is the way to Health we are afflicted not overpressed needy not desperate persecuted not forsaken cast down but perish not Fear not these Stripes are the Tokens of his Love he is no Son that is not beaten yea till he Smart and Cry if not till he Bleed No Parent corrects anothers Child and he is no good Parent that corrects not his own What we lost in our height we recover in our Misery a conformity to the Image of the Son of God. He that is not like his elder Brother shall never be Co-heir with him Lo his Side Temples Hands Feet all bleeding his Face blubber'd ghashly and spit on his Skin all pearled with a bloody Sweat his Head drooping his Soul heavy to the Death No man can follow Christ without his Cross much less reach him and if none shall reign with Christ but those that suffer with him what shall become of those jolly Ones of this World Go now thou dainty Worldling and please thy self in thy happiness Laugh always and be ever applauded it is a woful Felicity that thou shalt find in Opposition to thy Redeemer He hath said Blessed are ye that weep who can believe this and not rejoyce in his own heart Why blessed For ye shall laugh Behold we shall weep on Earth shall laugh in Heaven we that now weep with Men shall laugh with Angels we that weep for a Time shall laugh for Ever Who would not be content to defer his Joy a little that it may be Perpetual and Infinite In Heaven you shall see no more Palms than Crosses you shall see none crowned but those that have wrestled with Crosses and Sorrows to Sweat yea to Blood and have overcome and overcoming ye shall be crowned A reward truly great a Crown for a few Groans an Eternal Crown of Life and Glory for a short and momentary Suffering How just is St. Pauls account That the Afflictions of this present Life are not worthy of the Glory which shall be shewed unto us What say you Would you not be afflicted Would you not be persecuted Whether had you rather mourn for a while or for ever One must be chosen Whether had you rather rejoyce for one fit or always you would do both Pardon me it is a fond Covetousness and idle Singularity what that you alone may fare better than all Gods Saints That God should make that way smooth to you which all the Patriarchs Prophets Evangelists Confessors Christ himself have found rugged and bloody A way with this Self-love and come down you ambitious Sons of Zebedee and ere you think of sitting near the Throne be content to be called to the Cup. Now is your tryal let your Saviour see how much of his bitter Potion you can pledg then shall ye see how much of his Glory he can afford be content to drink of his Vinegar and Gall and ye shall drink new Wine with him in his Kingdom The shortest Persecution thou canst undergo for the Satisfaction of thine own Conscience for the Truth of Christ will prove the greatest Blessing and Comfort to thy Soul. CHAP. IX Observations upon Examples of Indulgence in Spiritual Matters 1. IN this Argument We may take a rise from before the Flood and find that in all Ages to this day generally Indulgence hath been given in Spiritual Matters and the right of giving it exercised by Monarchs and we may begin with the Indulgence which Noah had Noah was a just man Gen. 6.9 11. and perfect in his Generations and Noah walked with God but the earth was corrupt before God and filled with violence Noah differed as much from the People of the Earth in his Perswasion as could be yet even that corrupt Generation indulged Noah and his Family to enjoy the freedom of their Conscience and Noah himself was a Preacher of Justice 2 Pet. 2.5 Rabbi Eliezer c. 22. and as a Rabbi saith he preached to the old World and said Turn ye from your ways and from your evil Works that the Waters come not upon you and cut off the whole Seâ—d of the Sons of Adam But some may object That Noah was a King and might give Indulgence to himself and he received none from others It is acknowledged that Noah was a King both before and after the Flood and of the ten Kings of the Chaldaeans who reigned before the Flood the last is reckoned by Cedren and others to be Xisuther who was Noah and in him some of the Greek Stories continue that Eastern Kingdom of the Chaldaeans through the Flood and affirm that Noah was King about 180 years before the Flood and that his Kingdom continued to his Death and that then he bequeathed it to his Son Seth. But I shall not make much inquiry into this matter if he were a King he gave good Example by seeking to convert his People by preaching rather than by punishing of them If he were not a King then was the Indulgence that he enjoyed the more considerable and may be also exemplary 2. The next Indulgence which we meet with in order of time in the holy Stoâ—y is that which was enjoyed by the holy Patriarchs Every Father of a Family was Prince and Priest in his Family and ordered matters of Divine Worship as he thought best and we read of no Persecutions among them Abraham by the Direction of God Gen. 12.3 5 6 7 8. with his Wife and his Nephew Lot and all their Family went from Haran into Canaan and there built an Altar and called upon the name of the Lord. And tho the Canaanite was then in the Land yet Godly Abraham would not neglect the true Worship of God even amongst those