pardon the punishment or remit the penalty which the Law imposeth upon Nonconformists and yet this is no countenancing of disobedience 5. It is further objected That if this right be allowed in the King Object it would be in his power by the exercise of it to repeal Statutes without the assent of his Parliament Several Acts of Parliament ordain conformity but if the King may indulge those who do not conform he doth in effect repeal those Acts of Parliament and make them to be of no force as to the Nonconformists To this somewhat mentioned in the last Section may in part be for an Answer Answ The Law enjoyns conformity or else a penalty he that submits to the penalty doth conform to the Law. And when the King indulgeth particular persons as to part of these Laws he doth not thereby repeal the Laws but remit some of the Penalties To repeal an Act of Parliament is wholly to take it away and to make it of no force which our Law saith must be done by the same power that made it the concurrent assent of the King Lords and Commons in Parliament But when the King grants Indulgence to some Nonconformists he doth not thereby repeal the Acts of Conformity which still continue but only to some particular persons he remits some of the penalty The Law is that a Traytor shall suffer death yet many have experience by his Majesties clemency that it is his right if he please to indulge and pardon the life of the Traytor Nevertheless none will say that hereby the King repeals the Law of Treason Upon a sentence of one to be an Heretick the Law heretofore was that a Writ de Haeretico comburendo be taken out and the Heretick to be burned Yet none of our Kings have been denied the Right and have frequently practised it to pardon the lives of such sentenced Hereticks as they thought fit to be indulged and yet thereby the Laws against Hereticks were not repealed By the same reason the King may pardon and indulge some Nonconformists and remit the Penalties which the Law imposeth on them and yet the Acts for Conformity are not thereby repealed 6. But to come nearer to the great point in question Object the main objection is That this Right of the King if it were before in him Stat. 14 Car. 2. cap. 14. yet now by his own consent it is barred and taken away by the late Act of this present Parliament for Uniformity If this be so our question is determined the wisdom and judgment of Parliament ought to bind and conclude all persons in the Kingdom who are parties and involved in their judgments and ought to acquiesce therein And with my particular due submission thereunto it seems to me that nothing in this Act doth take away or impeach but rather confirm this Right of Indulgence in the King. One Clause in this Act provides that the Penalties thereof shall not extend to the Foreigners or Aliens of the foreign Reformed Churches allowed or to be allowed by the King his Heirs or Successors in England By this Proviso the Parliament declares their judgment That this Right was and is fit to be in the King. And there occurs to me no reason but that the same Right is in the King to grant the like Indulgence to any other of his Subjects as by this Proviso is approved to these Foreigners whose posterity now become Natives do enjoy it This Right was in the King either before the Statute of Queen Elizabeth or annexed to the Crown by that Act. And either it was in him before the Statute of 25 H. 8. or is granted to him by that Act as hath been before shewed If any way this Right was once in the King as unquestionably it was then it cannot be barred nor taken away from him without express words in some subsequent Act of Parliament But there are no words in the late Act of Uniformity to bar or to take away this Right from the King therefore it remains in him as it was before and there is nothing in this Act to the contrary It is true that the King doth not dispence with a Law or any part of it whereby particular Interests are concerned as to those particular Interests Therefore that part of this Act which giveth a Right of Presentation to particular Patrons upon the Nonconformity is not to be dispensed with But as to the Penalties of this Act and of those other Acts to which it relates and which are reformation of manners and wherein no particular Interest is concerned the King may dispence with such Laws and Penalties as the resolution is in Halles Case Coke 5. Rep. Eccles Case f. 6.51 That the King may pardon Suites in the Ecclesiastical Courts because they are only to correct or punish the party for the offence or default which saith the Book the King may pardon and not for the particular interest of the party By the same reason the King hath a right to pardon or indulge the Penalties and execution of these Acts in which no particular Interest is touched and which are to correct and punish the party for his offence and default against these Laws especially when there are no words in the Act to impeach but rather to allow this right to be in the King and which clearly was in him before the making of this Statute CHAP. VIII Observations upon Examples of Persecution 1. PErsecution is a word taken from the Latin Persequor which signifies to follow to the extremity and denotes the execution of Revenge and slaughter That the good of Indulgence and the evil of Perfecution may the better appear some observations upon a few of very many Examples thereof in the Holy Story are here inserted and to begin with these of Persecution It is observed that for the most part ungodly men excited by pride and envy have persecuted the godly So it was in the first Persecution in the World when the elder Son of Adam persecuted his Brother Abel Cain was an ungodly man Gen. 4.5 for unto him and to his offering the Lord had not respect but Abel was a godly man for he brought of the firstlings of his flock and of the fat thereof Gen. 4.4 and the Lord had respect unto Abel and to his offering because Abel and his offering had respect from God therefore was his Brother very wroth Bishop Halls Contemplatition upon Cain and Abel and persecuted Abel for his Religion such was the pride and envy of his heart upon which the Ingenious Bishop of Exon thus contemplates What then was the occasion of this capital malice Abel's Sacrifice is accepted what was this to Cain Cains is rejected What could Abel remedy this Oh envy the corrosive of all ill minds and the root of all desperate actions The same cause that moved Satan to tempt the first man to destroy himself and his posterity the same moved the second man to destroy the
in Spiritual matters within their Territories as a Right belonging to them and consequently the Right of Indulgence as part of that Jurisdiction can hardly be denyed to them CHAP. V. That supream Spiritual Jurisdiction in England is in our Kings 1. IT may be shewn in a few Instances of many that this Jurisdiction was in our Kings in all ages according to Law. If for the Stories-sake we should take our first step as high as our British Kings we may find in them some testimonies of it before Christianity was introduced our British Kings were supream over the Druides the Priests the Arch-Flamines and Flamines and ordered their Sacrifices They ordered likewise all matters of that Nature as to the supream Jurisdiction of them The first Christian British King Lucius if you credit that Story made that blessed change from Paganism to the Light of the Gospel which he and all his People embraced He changed the Arch-Flamines and Flamines into Arch-Bishops and Bishops and for the Druides entertained the Ministry of the Gospel and the actions of this King and of his Successors in the Progress of Christianity among them do give testimony that supream Spiritual Jurisdiction was then taken to be in our Kings Eleutherius Bishop of Rome in his Answer to the Letters of Lucius and his Nobles stiles the King Gods Vicar within his Kingdom and the Vicar is in the stead of his Master and invested with his Power which no earthly Prince is capable of as to command over the heart and to eternity but the eternal King of Kings Yet as to power in this World Kings are deputed by God as his Vicars on Earth with as much Supremacy in Spiritual Matters whereof men are capable as of Temporal It hath been shewed that the Commands of Christ were full of Meekness We read that indeed he did Scourge some out of the Temple but never that he Scourged any into the Temple He exhorts his Vicars and all others Learn of me for I am meek and lowly which is commendable in all who are his Vicars to be thus like their Master 2. In the next place a view may be taken of the exercise of this Jurisdiction by our Saxon and Danish Kings Ina saith in the Preface to his Laws Leg. Inae Reg. c. 1. That he Studied the health of the Souls of his People which argues that he took himself to have spiritual Jurisdiction He makes Laws for the Form of Life of Gods Ministers and such spiritual Matters King Alured begins his Laws with the Decalogue and Judicial Laws Leg. Aluredis Reg. c. 1. and enacts the immunity of the Church as Head of it In the League between Edward and Guthrune the Dane it enacts that before all things they worship one God alone laying aside all barbarous Worship Athelstane enacts also Spiritual Laws Leg. Athelstani Regis Leg. Edm. Reg. c. 1. Not. in Eadmer p. 161. de quorum omnium moribus ad nos spectat examen Leg. Eadgeri Reg. So doth King Edmond and declares that he had consulted how the Christian Faith might be promoted King Edgar in his Oration to his Clergie saith That the examination of all their Manners did belong to him He made many Canons of matters meerly spiritual as touching the Demeanour and Duty of Priests Parents instructing their Children in the Christian Faith and to abstain from filthy and blasphemous Words and Songs that Priests do Preach every Lords day and against Swearing and Sabbath-breaking Matters sufficiently spiritual and not unworthy or improper for a Princes care King Canute commandeth all his Subjects to Worship God Leg. Canuti Reg. and to keep the Rules of Christian Religion makes many Ecclesiastical Canons forbids barbarous Worship and Superstition yet without severe Penalties and professeth to do all things for confirmation of Christian Piety Aelfric in his Canons Canones Aelfrici ad Wulfinum Episcopum saith unto the Priests I tell you I will not bear your negligence in your Ministry and all his Laws are concerning spiritual Matters Edward the Confessor Leg Edvardi Confessor in his Laws calls himself the Vicar of the most high God and saith that he was constituted to that end that he should govern the Kingdom and People of God and above all the holy Church which is agreeable to the Writ of Summons to Parliament to this day These ancient Kings did use to give the Bishopricks by the Ring and Staff as the Investiture And these with many other Instances which are omitted do testifie the supream Spiritual Jurisdiction to be exercised by these Kings 3. The like Jurisdiction appears also to have been in William the first called by the flattering Monks the Conquerour though he came into England to recover his Claim to the Crown Eadmer Fidelitatem facere nolui nec volo quia nec ego promisi nec Antecessores meos Antecessoribus tuis id yeâ—isse comperio and had the Popes Benediction who sent him an hallowed Banner with one of St. Peter's Hairs in it Yet when the Legate required him to do fealty to the Pope he would acknowledge no Superiour to himself but answers Fealty I would not do nor will I do it because neither I have Promised it nor do I find that my Ancestors have done it to your Ancestors He appropriated Churches with Cure to Ecclesiastical Persons 7 E. 3. Quar. Imp. 19. Eadmer f. 6. Cuncta divina simul humana ejus nutum expectabant Mat. Paris in W. 2. Ann. 1094. Anselm Epist 36. ad Paschal and did many the like Acts whereupon Eadmerus reports that all things both Divine and Humane were at his beck which sufficiently testifies his supream Jurisdiction in Spiriritual Matters His Son William Rufus denyed leave to Anselme to go to Rome and told him that no Arch-bishop or Bishop of his Realm should be subject to the Pope or Court of Rome and that if he asked this leave any more or appealed to Rome he should speedily depart out of his Realm And because he went thither without a License from the King all his Goods and Chattels were seized to the Kings use and he constrained to live in Banishment during the Kings Life In King Henry 1. time he was permitted to return into England Mat. Paris in H. 1. Anno 1104. but not without Promise first made that he would perform the Customs of W. 1. and of William Rufus And when H. 1. perceived that Anselme combined with the Pope Coke Rep. 5. Gale 's Case fol. 106. to hinder the Kings donation of Bishopricks the King wrote to the Pope challenging that right and his Proctor in Rome told the Pope that his Master would rather lose his Kingdom than the Donation of Bishopricks In his Charter to the Abby of Reading he saith We Ordain as well in regard of Ecclesiastical as Regal Power 4. We come next in order to the time of King Stephen Sir John Davis Rep. f. 40. Apellationes
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
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
E. 1 Rot. fin M◠5. It was a great Indulgence which King John granted to William Marshal to have the Donation of the Pastoral Staffe of the Abbey of Nutlege H. 3. exercised this Right of Indulgence when he forbad that men should not be drawn in Plea out of the Realm E. 1. indulged whom he pleased to go to Rome and indulged his People against the Provisions of the Pope In E. 2. time as frequently before and since were Prohibitions to the spiritual Courts and Indulgences and Licenses granted by the King in cases of Pluralities and Dispensations of several Natures upon the same reason and ground of Law as the present Indulgence is desired In our Law Annals of E. 〈…〉 3. 3. is a Resolution that the King may exempt any Ecclesiastical Person from the Jurisdiction of the Ordinary and may grant him Episcopal Jurisdiction and that this King did so to the religious Houses founded by him An Act of as high exercise of the right of Indulgence in Spiritual matters as may be And indeed all Monasteries and religious Houses in England and elsewhere are testimonies of this right of Indulgence in the King for they all enjoyed such Exemption the fruits of that Right and yet the Spiritual Judges did not think themselves injured thereby The Precedents in R. 2. H. 4. and H. 5. time as to the like Exemptions and granting of Licences dispensing with the then received Law in matters Spiritual are obvious in our Records The like are in H. ◠f. 1. 6. time when it was adjudged that the Popes Excommunication was of no force and his Subjects were much Indulged against them This right of the King was also asserted by that Judgment in his time ◠f. 16. That the King only may grant a License to found a Spiritual Incorporation King E. 4. granted the like Exemptions Dispensations and Licenses in spiritual Matters as his Predecessors had done So did H. 〈…〉 7. 7. and in his time the Judges resolved That the King might dispence with the Ecclesiastical Law for Pluralities and for a Bastard to be made a Priest as hath been remembred King H. 8. not only exercised this right himself but abolished all pretence and practice thereof by the Bishop of Rome as hath been mentioned and procured this to be done and his own right to be acknowledged by the Parliament E. 6. and his Sister Queen Mary exercised the same right only Queen Mary advanced that which her Father and Brother had abolished Queen Elizabeth followed the Precedent of her Brother and in the beginning of her Reign when there was a scarcity of Ministers that would conform to the Reformation and it was difficult to get Preachers after that way the Queen took upon her to give License and Indulgence to Lay-men to Preach publiquely although they were not in Orders And I have been particularly and credibly informed of a Gentleman in Oxford-shire who being High Sheriff of that County about 1 Eliz. whose Grandchild at the writing hereof was the worthy High Sheriff there That the Grandfather by special License from the Queen being a Gentleman of Parts and Learning did himself Preach publiquely to the Judges at the Assizes when he was High Sheriff Nor would the like be more a crime now than it was in those dayes if there were the same necessity but Blessed be God we are more plenteously furnisht We may now look upon some Precedents of our own time such as many yet alive may remember in the times of the late K. James K. Charles 1. c. In King James his time it was Resolved by the Judges That all Proceedings in the Ecclesiastical Courts Ex Officio are for the King for which reason 2 Ja. c. B. Tr. Hall's Case Coke 5 Rep. f. 51. whatsoever the Suit there be the King may Pardon it for those Suits are only to Convict or Punish the Party for the Offence or Fault which the King may Pardon and not for the perticular Interest of the party This Precedent and Resolution seems much to testifie the Kings Right of Indulgence to any of his Subjects whose Opinions in some Ceremonies or other matters of Discipline are different from the Opinions of their Magistrates to which in tenderness of Conscience they cannot conform and for their Non-conformity are Punishable by the Spiritual Judges as they are termed and by other Officers for the Correction of that fault and this the Judges Resolved that the King might Pardon And for the King to grant an Indulgence in these matters is no other but a Pardon of the Offence in them and the particular Interest of no Man is concerned to hinder this Pardon or Indulgence And therefore by this and divers Precedents pursuant to this Resolution the Kings right of giving this Indulgence is affirmed Another Precedent in King James and King Charles 1. time seems to me to have a great resemblance if not to be the same with the Indulgence now discoursed of and therefore I shall be the more particular in the recital of it It pleased those Kings in their Clemency and Wisdom by their Letters Patents under the great Seal of England to grant to divers persons of the French and Dutch Nations Protestants then residing England this Liberty and Indulgence That they in distinct Congregations by themselves and in publique Churches or other Places might meet and exercise the Reformed Religion and Worship of God in such Order and according to such Forms and with such Ceremonies as were or should be agreed upon among themselves and after the Rites and Usages of their particular Churches and Congregations without Conforming to the Order and Ceremonies of the Church of England This Indulgence and Liberty was injoyed by them all the time of King James after the grant of it And under his Son King Charles 1. it was continued and enjoyed also by them and they were not compelled to come to any Parish Church or other place than their own particular Congregations and Assemblies Nor were they at all questioned for the breach of any Law of Conformity but this Indulgence of the King did wholly free them from Penalties of those Laws or molestation in the different Exercise of their Religion The Parliament so far declared their Judgment that this right of Indulgence was in the King that it was one of their Objections against the late Arch-Bishop Laud That he endeavoured to disturb these Dissenting Protestants in their enjoyment of this Indulgence and to have it taken away from them The Arch-Bishop answered That the reason of his so doing was because the first Indulgence being granted to Forreigners and Strangers who fled hither from Persecution and as to a Sanctuary to preserve the Liberty of their Consciences in the Reformed Religion and therefore it was fit and charitable to afford them such Protection and Indulgence But that those who enjoyed it at present were not such persecuted People who fled hither for their Religion
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
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-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
whole Estate is thereby past away and what he had by Law he hath given away by this Release of his Right That which we call a Man's Right is that which is due which by Law and Justice he ought to have 2. Next We may consider the King 's Right which is what the Law and Justice gives to the King that which is due to him The Right of the King of England is no new upstart Right but of great Antiquity injoyed by his Predecessors from the beginning of Government amongst us It is no Usurped Right but descended to him from his Royal Ancestors by Succession and Inheritance It is no disputable Right but certain and clear defined by the known Laws of this Kingdom and general Consent of his People who have submitted thereunto It is no Subordinate Right our King acknowledgeth no Superior his Empire is Independant under God and as Soveraign by Law as any Prince's in Christendom 3. Of the King's Grant may be our next Argument wherein I intend not to argue the several sorts of the King's Grants under the Great Seal the Privy Seal or his Sign Manuel and the force of such Grants This is not our present business but the meaning of the King's Grant as we intend it is where he gives or bestows his Favour and Indulgence to any of his Subjects by such ways and legal Conveyance or Grant thereof as is Valid and Effectual to those to whom it is made be it under the Great Seal or otherwise this is meant by the King's Grant. And it is the Honourable Intention of the King that all his Grants should be effectual and valid as the Grants of a King ought to be else his Officers do not their duty 4. We may now inquire the meaning of Indulgence The word Indulgentia Spieg. Is cui alimenta relicta fuerant in metallis damnatus Dd. in exped ard de Por. c. ult l. 6. Spieg. Lib. in quasd 13. ss 4. cap. de Sen. pass restit 9. in Extra de Paen. remis L. 2.3.11 c. de sent pas Bris was properly used for the leaving of Victuals for one who is condemned to the Mines It comprehends generally a Permission a Condescention a certain Lenity or mildness So it used in the Civil Laws and the Canonists take it for a Pardon It comprehends a Recovery or Restitution of Dignity Lands and of all things lost Most pertinent to our purpose is the Sense wherein the Gloss takes it that it means a relaxation of Punishment which one is to undergo for his Offences a grant of the Prince's Clemency by which a Subject is freed from Punishment and in this sense doth the Law of England also mean an Indulgence and is the same with a License an Exemption a Pardon or a Dispensation 5. We may likewise inquire the meaning of Spiritual Matters by them are meant such matters as concern the Soul or Spirit such as concern the Worship of God in Doctrine and Discipline It is no loose Consideration Seneca Epist 27. by what Care and Cost Kingdoms and States should be preserved being they derive and uphold all happiness to Men. The only infallible ground of their preservation is true Religion the worship of God in Spirit and in Truth And though ill manners are by accident the cause Ex malis moribus bonae leges or rather occasion of good Laws which are better in execution and best in obedience yet good manners cause obedience and Religion begets good manners Spiritual matters are matters of Religion but Religion cannot consist without Publick Exercise and action and the requisits thereof If the Expression Spiritual P. Nye of the Kings Supremacy be interpreted by the contradistinct member Temporal it seems to direct us to understand such matters as concern Eternity for that is the true opposite to what is Temporal The things that are seen are Temporal 2 Cor. 4.18 and the things that are not seen are Eternal This we mean by Matters Spiritual 6. But it may be now not improper to express in the negative what I do not mean by this Indulgence and then what I do mean by it By Indulgence I do not mean that a toleration should be granted by the King of any known Blasphemy or Sin. Neither do I mean such Indulgences whereof Luther complains that for Money Indulgence was granted for Sin and redemption out of Purgatory surely none can pardon Sin but God alone and Money got by such means perisheth with the getter 7. But in the affirmative by Indulgence in Spiritual matters is meant a permission of Liberty of mens Consciences in matters not sinful of themselves and whereby there is no disturbance of the Publick Peace That where Men out of tenderness of Conscience cannot submit to some particulars injoyned by Authority in matters touching God's Worship fearing or doubting least if they should do it they should offend God and hazard the salvation of their precious Souls and upon these grounds do not conform yet live peaceably For an Indulgence and Permission to these Persons to serve God as they think most for the good of their own Souls especially when they agree in Fundamentals with the rest of their Brethren That these may not be punished in their Estates or Liberties much less in their Lives for Nonconformity This is that Indulgence which is meant in matters Spiritual CHAP. II. That from Grounds of Policy Indulgence in Spiritual Matters is fit to be granted 1. IT will be needless to discourse of the King 's Right to grant Indulgence in Spiritual matters unless it be fit and expedient that such Indulgence be granted If it be not fit to be granted the King will not grant it his wisdom and affection to his People will disswade him from it therefore before we proceed any further in this Argument it will not be impertinent to enquire whether such Indulgence be fit to be granted or not And it seems to me very clear that it is fit to be granted and that first from grounds of Polity The chief grounds of Polity is the preservation of the Publick Peace to which nothing more conduceth than the granting such Indulgence Other grounds of Polity therein are the incouragement of Trade the increase of People their dependance upon the Prince and the quieting of mens troubled minds Upon all which grounds is inferrd and that in Polity the granting of such Indulgence and we shall take the liberty to treat somewhat of them in order 1. It seems fit for the better preservation of the Publick Peace that such Indulgence be granted Tacitus notes That it is safer to let pass things grown up and strong in discrepancy than to provoke them to future discords When things are old and rooted they labour in vain who would remove them by violence the shaking of them makes them but the firmer To unite Men in Religion by force is to cause the Sword to be drawn French History H. 4.
little reason to except against the one as the other or to impose Conformity in Opinion as in Complexion But these who are no kin to Moses fancy Impossibilities when they fancy an Extirpation by these means did the Massacre in France Extirpate those of the Religion It did indeed those who were Murthered but it made the Dissent to grow They are like Camomile the more they are bruised and trod upon the more they flourish as the stories of the Church do manifest In the last and best place it will be found that the granting of Indulgence is the surest and most probable way of preserving the Publique Peace But hereof there will be occasion to Treat more at large in a following Section 5. Another ground of Polity for the allowing of this Indulgence is for the Advancement of the TRADE of the Kingdom The Dissenters are generally Sober Industrious Trading men not Debauched Drones Born only to consume Corn and Wine but such as can do more Service for their Prince than meerly to Drink his Health Every Trader Merchant or Artificer bringeth Wealth to the Publique and adds to the Kings Revenue they are considerable Members of a State and add much to common Riches and Safety Merchants are honourable and Artificers had the title of Fathers and both deserve encouragement But without this Indulgence there will need no Law to banish multitudes of these men they will banish themselves if they cannot enjoy their dearest interest the Liberty of their Conscience If this be denyed them in their native Country they will seek it in the remotest Regions rather than not enjoy it And they will be welcome wheresoever they go Even Pagans will allow them this liberty if their fellow Protestants will not But I suppose and hope that no sober English man will think of any such way as extirpation by banishment or death of those who differ in Opinion from them If these Dissenters be encouraged by Indulgence it will highly tend to the advancement of the Trade of the Kingdom If they be forced out of it the Nobility and Gentry will find it in the decay of their Rents the King will find it in the emptiness of his Coffers and the People as well as their Prince will be sensible of the mischief upon any contest with Forreigners 6. Another ground of Polity for the granting of this Indulgence is That thereby the People of the Kingdom will be increased they will be kept from going out of it and live comfortably and increase within it But by denyal of this Indulgence the great numbers of People and their Children and Childrens Children which will leave the Kingdom and be born and inhabit other Countries will dispeople and weaken England The strength and wealth of a Prince and People consists in their multitude happy is that Prince who hath his Quiver full of People He shall not be ashamed when he speaks with his Enemy but the loss of every single Industrious Man is a loss both to King and Kingdom It was the blessing to Abraham Gen. 17.5 that his Seed should be as the Stars of Heaven for multitude and therefore God would have his Name called Abraham for a Father of many Nations have I made thee And the Word Abraham signifies a high Father of a multitude Every Prince is a Father of his Country Pater exce'sus multitudinis and the more Subjects he hath the more Children he hath and the more happy and strong he is and the loss of any one is the loss of a Child to him It was the answer of Queen Elizabeth to her Parliaments advice for her to marry that she might have Children to succeed her That every English man was her Child Now the granting of this Indulgence will keep the Children at home with their politique Father whose Riches and Honour and Strength will be increased by their increase But by driving them away the Prince will lose his Children impare his Revenue and weaken his Kingdom incourage a Forreign Invasion and Domestick troubles 7. Another ground of Polity for this Indulgence is because thereby the Persons to whom it is granted will be brought to an intire dependence on their Prince who grants it No interest in the world is so dear to these Dissenters as the liberty of their Conscience and where they have this the interest of it obligeth them to be faithful to that Power which gives it else they are not faithful to their own interest Nothing binds more firmly than Interest and no interest is more strong to bind more beloved or more desired than this Freedom and therefore bindeth those to faithfulness where they have it Subjection is due in regard of Protection and where these Men have the liberty of their Consciences from a Prince the interest of preserving that Liberty obligeth them to be faithful to and to preserve his Power by which this great interest of theirs is preserved If the Prince fall who grants this Liberty the Liberty falls with him they that will maintain the Gift know that they must support the Giver also It is safe for a Prince by such ways to oblige his Subjects especially such as these who are for the most part of constant stout and industrious Spirits to a dependance on him whose service will be the more available to him And it is their Tenet that this Indulgence cannot be enjoyed with so much certainty and stability under any other as under their native Legal Government Religion hath its name from binding and there can be no firmer bond of Subjects to their Soveraign than when they enjoy the freedom of their Religion from their Princes favour and the continuance of this highest comfort and interest depends upon the safety and good of him that grants it 8. The last ground of Polity which I shall now mention for the granting of this Indulgence is because thereby Mens minds will be satisfied Whilst Dissenters are in doubts and fears least they may be punished and persecuted for their Dissent whilst they see and feel Laws rigorously executed upon them or others in the same condition this perplexeth their thoughts disturbs them in their business causeth them to transport their Stocks or part of them into other Countries and sometimes their Persons and Trades with them which hath been no small detriment to England heretofore and may it be so no more But by such Indulgence Mens minds will be quieted they will chearfully and undisturbed follow their Vocations whereby Trade will be promoted and the Wealth Strength and Peace of the King and his Kingdom will be advanced CHAP. III. That from Grounds of PIETY it is fit to grant Indulgence in Spiritual Matters 1. Matt. 2.12 I Shall consider the ground of Piety To do as we would be done unto which is part of our Saviour's Sermon Whatsoever ye would that men should do to you do ye even so to them and he is pleased to give a Reason of it For this
publick Priesthoods which were Patrimonial and Hereditary and among them the Prince was also the High Priest Synes Ep. 12. The Caldean Kings were Priests also A Priest and a Prince was all one amongst the Aegyptians so the Magi among the Persians and the Priests of Apollo at Delphos among the Grecians Arist Polit. c. 10. Aristotle speaking of Kings in the time of the Heroes saith That they were Rulers of matters of War and of Sacrifices or sacred Things which pertained to the Sacerdotal Function In another place he saith That the King was Leader or General of the War and Judge or Moderator of divine Things and to be Moderator implies a Power and Right of Indulgence In like manner the Roman Emperors before the Birth of Christ were their High Priests also Pontisiciam potestatem cum Caesarea potentia conjunxit It is noted of Julius Caesar that to the end he might fully recover into his Power the Temporalty he joyned the Pontifical Authority with the Caesarian Power and so have all wise Princes his Successors And it is not improbable where those two Powers are joyned together Sr. Walt. Rawleigh in his Treatise of War. that the right of Indulgence was part of them The Mufty among the Turks holds all he hath at the discretion of the Great Sultan Most Nations of the World after the President of the Hebrews placed the Supream Spiritual Jurisdiction in their Kings and Supream Rulers and it were improbable to conclude that the right of Indulgence was excepted out of that Jurisdiction 6. It is likewise evident That this Supream Spiritual Jurisdiction was in the Emperours both as to Persons and matters which were termed Spiritual Writers of Church matters do show that the Clergy for 850 years together claimed no Superiority or Jurisdiction but left the same and submitted themselves therein to their own Princes who took upon them the Sovereignty in the matters and over the Persons which were afterwards called Spiritual and Ecclesiastical By Constantius were the Bishops Julius and Liberius Banished Martin Dort. in Jub et Lib. Boniface I. by Honorius Silenus and Virgilius by Justinian Martin I. by Constantine III. Platin. in Bonifac Leo IV. submitted himself in all things great and small Claus 2. q. 7. to the command of Lodowick and offered to amend all that was amiss by the Princes judgement In the strife between Donatus and Cécilianus Euseb l. 10. c. 5. Optat. l. 1. cont Parm. August Ep. 162.166 the matters and Persons both Ecclesiastical Meltiades then Bishop of Rome was appointed with others by Constantine to determine the matter from whose judgment the parties Appealing the Emperour appointed new Judges from whom they appealing likewise at last Constantine determined it sitting himself in Person Under Theodosius the elder Damascus Sericius and Anastacius Theodos l. 5. c. 23. Gozon l. 8. cap. 28. Niceph. l. 15. c. 30. Lib. Pontific in viz. Bonif. Ep. Bonif. ad Honor. Aug. rescrip Honor ad Bonif Leo Epist 9.12 13 17. Epist 43.50 Conoil Chalced Art. 1. complained against Flavianus but the Prince heard and justified him Innocentius desiring the Emperour to appoint a Council for the tryal of Chrisostomes cause it was denyed Honorius commanded Bonifacius and Eulavius chosen Bishops of Rome in a tumult to depart the City and Boniface being restored put up a supplication to the Prince for a Decree for future Elections which was made by him Leo Bishop of Rome made suit to Theodosius the younger to command a Council in Italy for suppressing Eutiches his Error but the Emperour appointed it at Ephesus and would not be perswaded to reverse the Judgment But his Son Martian did it upon the supplication of the Pope and commanded the Council of Chalcedon where himself sitting in Person forbad the Bishops to defend or avouch any thing of the Flesh and Birth of our Saviour otherwise than the Nicene Creed did contain Novel Constit 1. l. 23. Gregory Epist l. 4. c. 76. 78. Justinian saith We command the Blessed Arch-Bishop of Rome c. to obey the Law he then made Gregory I. writing to Mauritius useth this stile My Lord my most gracious Lord I your Servant and Subject to your command and makes many submissions to the Emperour Sixth Synod Art. 4. who over-ruled him in his Episcopal Jurisdiction Agatho Bishop of Rome 685 years after Christ when Constantine I. sent for some Learned men out of the West parts to come to the general Council returns this Answer Agathan Epist 2. Your Princely Favour mildly commanding our Baseness hath obediently fulfilled that which was by you commanded And in another Epistle Distinct 10. l. de Captulis he saith All Bishops of the North and West parts Servants of your Christian Empire Leo IV. submitted himself to Lodowick the Father and afterwards confirmed his obedience to Lotharius the Son promising submission to their Decrees In the 20 Constitutions Novel Constit 3.5 6 16. c. wherein Justinian disposeth of crimes and causes Ecclesiastical almost every Sentence is a command The like in 123. Socrates l. 1. Intituled of divers Ecclesiastical Chapters The like is in the Laws of Constantine Charles Lodowick Lotharius and others By all which and many of the like nature which are omitted it appears That all the submission and obedience that Subjects do owe their Prince was acknowledged and given by the Clergy as well as others to the Emperours And that they did exercise Supream Spiritual Jurisdiction both over the Persons and in the matters termed Spiritual It would be hard then not to admit them Gers. 4. part pro Jo. Manius de Schism Concil c. 22. Lazan Epist c. 267. as a consequent thereof the Right of Indulgence also 7. This Jurisdiction was likewise in the Kings of France and exercised by them The Divines of Paris by the Kings encouragement did condemn Pope Julius his Doctrine with the sound of Trumpets taking as much supremacy to himself as Charles did who by advice of his Bishops Princes and Universities Decreed that the whole Church of France should depart from the obedience of Benedict Naucter General 48. Leland 448. and be under their own King in matters Spiritual And Charles the VII made a Law called the Pragmatical Sanction for the perpetual Observation of those things which the Council of Bazil had Decreed Lateraneus Council sub Leo 10. Sespred 10. which curbed and cashired the Popes Jurisdiction and advanced the Kings And though the Pope reversed it and laboured the King to do it yet the Clergy of France adhered to the King Oron Matraej in Anno. 1510. owning his Authority A little before that in a Council at Tours the Praelates of France gave their full resolution to Lewis the XII That it was Lawful for him to forsake the Popes Obedience Taricuske Hist. Vnivers Ep. l. 9. Philade Cominos l. 9. and to despise his Curses being himself
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
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.
and Persons and for Reformation under and correction of the same and of all manner of Errors Heresies Schisms Abuses Offences contempts and enormities should for ever by authority of that Parliament be united and annexed to the Imperial Crown of this Realm I shall still forbear to mention that arrogancy of granting Indulgences to reach to Eternisy to pardon Sin at which every sober Christian may grieve and will readily agree it not to be within this Act. Nor will it be denyed but that the Pope practised here the granting of Indulgence to whomsoever he pleased and in any spiritual matter whatsoever and as the Law was then taken and submitted unto he was held lawfully to exercise that Jurisdiction If it were so then the same Jurisdiction and right of Indulgence so exercised by the Pope is now by this Act annexed and united to the Crown and the King possessed and re-invested in his ancient Right and the same may be accordingly exercised by him And the Power by this Act to order Errors Schisms c. will comprehend the granting of Indulgence which some hold to be the best and safest way to order Errors and Schisms and doubtless if there ever were a right of Indulgence exercised in this Realm by any lawful power the same is by this Act vested in the King. But I shall thus briefly pass by others and come to that Act of Parliament which in express terms seems to allow this Right to be in the King or gives it to him And this is the Statute of 25 H. â—5 H. 8. c. â—1 8. in which there is this clause That the Arch-bishop and his Commissary shall not grant any other Licence Dispensation Faculty c. in causes unwont and not accustomed to be had at Rome nor by Authority thereof nor by any Prelate of this Realm until your Grace your Heirs or Successors or your or their Councel shall first be advertiz'd thereof and determine whether such Licences Dispensations c. in such Cases unwont and not accustomed to be dispensed withall or allowed shall pass or no. And if it be determined by your Grace your Heirs or Successors or your or their Council that Dispensations Licences or other writings in any such case unwont shall pass then the Arch-bishop or his Commissary having Licence of your Highness your Heirs or Successors for the same by your or their Bill assigned shall dispense with them accordingly Provided that Dispensations Licenses c. where the Taxe for expedition at Rome extended to 4 l. or above shall not be put in execution till confirmed by the King under the Great Seal And it enacts that where the Arch-bishop or Guardian of the Spiritualties deny to grant a Dispensation or Licence which ought to be granted the Chancellour shall send an Injunction under the Great Seal commanding it to be granted under a pain which not being obeyed and no just cause certified why it is not done the Bishop or Guardian of the Spiritualties shall forfeit such Penalties And the King after due Examination that such Licences Faculties or Dispensations may be granted without offending the Holy Scriytures and laws of God may by Commission under the Great Seal to two spiritual Prelates or other Persons to be named by him authorize them to grant such Licences And it gives power to the King for the ordering redress and reformation of Indulgences formerly obtained at Rome and such of them as shall seem good and reasonable for the honour of God and the weal of his People and such order shall be observed This Statute in plain terms gives the right of granting Indulgence 1. Where the cause is unwont and unaccustomâ—d 2. Where it is a cause of Importance as all will agree the Indulgence now desired to be 3. Upon a Denyal of the Bishops who will hardly take upon them to grant an Indulgence in the matter In all these Cases by the plain words of this Act the Power and Right of granting such Indulgence is clearly in the King to whom this Statute gives it in express words if it were not in him by the former Acts or as indeed it also is by the Common Law of England CHAP. VII The Answer to Objections against this Right of the King. 1. IT is objected That if this Right should be in the King object and he should exercise the same it would be a countenance and incouragement of Schisms and Divisions in the Church To which is answered That the Persecuting of different Opinions answ is that which causeth the Schism not the dissenting in Opinion for if one be a Non-conformist he troubles nor disquiets no others by his Nonconformity if they let him alone he is satisfied But when he is troubled or punished because he differs in opinion from some in Power this causeth the Rent or Schism in the Church which otherwise would be whole the Persecutors cut off the Dissenters from them and are most properly to be termed the Schismaticks But admitting these whom the Persecutors call so to be Schismaticks yet to indulge them so as that they shall not be punished is no more to incourage their Opinions than it is to incourage the wearing of Scarlet when men are not punished for wearing of that or of any other colour The way to countenance and incourage any thing except by rewards and perferments will hardly be found effectual the not punishing is no reward and the not punishing of Non-conformity will not be found such a reward or bait as to countenance and incourage Schism But admit the Prince upon Emergencies of State should evidently see it necessary to countenance or incourage Non-conformists and that the same would much tend to the preservation of the Publick peace to grant indulgence to them without which it might be endangered If this Right of Indulgence should be denied him the duty of common preservation could not be expected from him the requisites and powers necessary thereunto not being allowed to him 2. Another Objection is object That if the King should exercise this Right of Indulgence it would be a hindrance to that most desirable thing in the Church of Christ Vniformity To which is answered answ That no good Christian but will heartily pray and endeavour for this uniformity Lord St. Albans Essay of Unity in Religion yet as the Chancellor Bacon notes Vnity and Vniformity are Two things One of the Fathers observes That Christs Coat indeed had no Seam but the Churches Vesture was of divers Colours there may be an Unity though not a strict Uniformity It is a good and pleasant thing to dwell together in Vnity Psal 133.1 Eph. 4.3.13 and we must endeavour to keep the Vnity of the Spirit in the Bond of Peace which surely is most broken by Persecution There is no way but in the unity of the Faith and knowledg of the Son of God to come unto a perfect man to the measure of the Stature of the fulness of Christ But
Matt. 18.7 Christ tells us That offences must come but Wo to that man by whom the offence cometh Surely the offence cometh more by him that persecuteth than by him that pardoneth and to differ from another in opinion is no more justly an offence than to differ in countenance notwithstanding which difference in countenance yet all are of one unity and uniformity as men All Vines Philip Nye Beams of former Light. Cedars every Plant and every Herb every Beast and Bird are uniform in their Kind though there besome difference in each of them So it is with gracious and holy men being a holy Seed and having this Seed remaining in them their conversation for the substance is the same and so is their profession of Religion notwithstanding some Minute differences as Bishop Taylor calls them and it is so visibly uniform and the same as the blind World can distinguish them from other men So also in this part of their conversation their Service of God in his Ordinances if the Institutions of Christ and whatsoever he in his Word hath prescribed as necessary means and circumstances from more general rules be observed you will have a natural free and comely uniformity and more to the Glory of God than to have all by External injunctions cast as it were in an artificial Mould such a forced Conformity in all Ages hath been the occasion of greatest differences and disturbances The neglect of Scripture Rules which guide and direct an uniformity in matters of substance and great consequence and by Canons and Injunctions and other ways to erect an uniformity in matters of doubtful dispute and not of much concernment if they were cleared The pretence of Uniformity and upon that account taking liberty to impose doubtful Traditions hath been in all Ages an Utensil in the hand of Church Governours by which they have exercised greatest Tyranny One Council decrees That all Ministers must live single lives for Uniformity Bellarmin disputes to have the Service in the same Language in all the Popes Dominions for Uniformities sake And what thing be it never so absurd but may be brought into this List There is an Uniformity arising from the Virtue of internal Principles as also from an external mould or frame the one is free and natural the other compelled and forced Uniformity from internal Principles is an excellency in Nature and in Grace also No necessary Uniformity for the beauty and good of the Church is hindred but advanced by the King 's Right to grant Indulgence in Spiritual matters And surely no Person can be so proper and so fit a judge to discern and determin when this Uniformity is most beautiful and most to be desired and how far and when it is to be pressed or indulged for the Churches good as the Prince himself is 3. Some will also object object That it would cause discontent for the King to exercise this Right of Indulgence That those who are for Uniformity and Conformity would be disturbed at it In answer to which may be said Answ That surely much more discontent will arise and more cause be given for it by punishing than by pardoning The one will give too much cause the other gives no just cause of any discontent The Wisdom of the King will more consider the cause of discontent than the discontent it self and would himself have most cause of discontent to be denied so great and necessary a Right and so much conducing to the peace and welfare both of himself and also of all sorts of his Subjects and without which he can hardly preserve either Doubtless the best way will be to discontent as few as may be especially in a time when discontents are too rife and too apt to rise and that will be found the way to content them which allows them their most desired Interest in this World their liberty by this Indulgence Those who are punished for what they hold their Right will be too apt and too much provoked to discontent and to esteem it an issue of Pride more than of Piety and of Domineering more than of Meekness to impose upon our Christian Brethren And may one not be as justly discontented because a fair hair'd man is not punished when himself is brown as because one is not punished for disliking a Ceremony with which the imposer is pleased It will be found undeniable that Meekness and Indulgence to such Dissenters will remove discontents unite affections and be security both to Prince and People 4. Object Another Objection is That if this Right be in the King and he be pleased to exercise it by granting Indulgence to those who disobey the Laws that this will be to countenance disobedience in this and other matters of the like nature The Law is that every one shall conform to the Ceremonies of the Church these Dissenters will not conform but disobey the Law and if they be indulged herein they are countenanced in their disobedience and by this Example others will be incouraged and expect indulgence in their disobedience in other cases which may prove dangerous to Government To this is answered Answ That whether the granting or denying of this indulgence will most endanger the Government is to be left to the judgment of the King who is the Supream Governour The Swedes call a Governour Styrer Skib the stearer of a Ship the Latin word Gubernator * Cicero 1 4. de sin Et si in ipsa gubernatione negligentia navis est eversa 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 have the same signification and if the Steersman be not permitted to judg what course the Ship shall steer it will prove dangerous The Hebrew word Tachan to order prepare to weigh number and preponderate refers this to the King. But I cannot admit Nonconformists to be disobeyers of the Law. As to instance in a particular The Law saith That every one shall come to Church to hear Common-prayer or else shall pay such a penalty He that pays the Penalty doth as much obey the Law as he that hears the Common-prayer the one is agreeable to the Law as well as the other either men must hear or must pay those that hear and those that pay do equally obey the Law. If then the King indulge those who do not hear that they shall not pay it is no countenancing of disobedience because there is no disobedience in the case It is only a dispensing with that punishment which is imposed for an offence to the King which he may pardon or a remitting of that penalty or payment which is given to him Every common person may do the same if Ten pound be given to a man he may if he please remit it and if one recover Money in an Action and have judgment for it he may if he please forbear to take the Defendant in execution or to levy the damages which the Law gives him By the same reason the King may
third It should have been Cain's joy to see his Brother accepted It should have been his sorrow to see that himself had deserved a rejection His Brother's example should have excited and directed him Could Abel have stayed God's fire from descending Or should he if he could reject God's acceptation and displease his Maker to content a Brother Was Cain ever the further from a blessing because his Brother obtained mercy How proud and foolish is malice which grows thus mad for no other cause but because God or Abel is not less Good It hath been an old and happy danger to be holy This hath commonly been the ground of Persecution mens piety begets envy and envy raiseth persecution from proud and ungodly men who having the world at will because others are more acceptable to God than themselves therefore they in pride and envy persecute them as Cain here did his Brother Abel If there be an evil heart there will be an evil eye and if both these there will be an evil hand Cain persecuted and murthered his Brother Abel for his Religion How early saith our Bishop did Martyrdom come into the World The first man that died died for Religion Who dare measure Gods love by outward events when he sees wicked Cain standing over bleeding Abel whose Sacrifice was first accepted and now himself is Sacrificed Death was denounced to man as a curse yet behold it first lights upon a Saint How soon was it altered by the mercy of that just hand which inflicted it If death had been evil and life good Cain had been slain and Abel had survived Now that it begins with him that God loves Oh death where is thy sting This may comfort godly men being under Persecution and though it should reach to death yet it would be their happiness And for the condition of their Persecutors it will be like that of Cain who because he persecuted his Brother was cast out from the protection of God. He that feared not to kill his Brother fears now that whosoever meets him will kill him the troubled conscience projecteth fearful things and sin makes even cruel men cowardly God saw it was too much favour for Cain to die he shall live but for a curse banished from God carrying his Hell in his bosom and the brand of Gods vengeance in his forehead God rejected him the Earth repines at him men abhor him himself now wisheth that death which he feared and no man dares pleasure him with a murder How bitter is the end of him yea without end still Cain finds that he killed himself more than his Brother and in time all Persecutors will find that they have persecuted themselves more than their dissenting Brethren 2. The next Persecution which I shall mention is that of Pharaoh persecuting the Israelites and this was upon a Ground of Spiritual matters Exod. 3.18 The message which God sent by Moses unto Pharaoh was for an Indulgence in Spiritual matters Let us go we beseech thee three days journâ—y into the Wilderness that we may sacrifice unto the Lord our God Exod. 4.3 and let my son go that he may serve me When Moses and Aaron had delivered their Message to Pharaoh and prayed his Indulgence to the Israelites to go and sacrifice to the Lord the Tyrant persecuteth them the more and says Ye are idle Exod. 5.3 ye are idle therefore ye say let us go and do sacrifice to the Lord. Exod. 5.13 Exod. 7.20 Exod. 8.1 4. Ver. 8. Go and work no straw shall be given you yet shall ye deliver the tale of Bricks Then is the River turned into Blood and Moses again demands the Kings Indulgence Let my people go that they may serve me But Pharaoh's heart is hardned and Frogs are sent this made him a little relent Intreat the Lord that he may take away the Frogs and I will let the people go that they may sacrifice The Frogs being taken away the Tyrants heart is again hardned He will not let the people serve the Lord. Then Lice are sent and before every new Plague leave is desired for the people to go and serve their God but Pharaoh would not grant this Indulgence as soon as the Plague was removed his heart was hardened and he would not let the Israelites serve the Lord their God. But upon the death of their first-born the King and his Servants are willing Go and serve the Lord as ye have said Exod. 12.31 No sooner are they gone and the Plagues ceased but Pharoah resolves to recall them and to continue his Persecution of them but therein the Judgment of God appeared against Persecutors and his zeal for his people to have this Indulgence by destroying the denyers of it Pharaoh and all his host perished in the Red Sea. 3. The next Persecution which was intended only Esth 3.5 6. was that of Haman against the Jews Such was his pride because Mordecai the Jew did not bow to him and do him reverence that he thought scorn to lay hands on Mordecai alone but thought to destroy all the Jews And his pretence for this Persecution was by suggesting to the King Ahasuerus That there is a certain people in all the Provinces and their Laws that is the Laws of their Religion are divers from all people they were Dissenters neither keep they the Kings Laws Esth 3.8 they were absolutely Nonconformists and therefore he concludes and counsels the King It is not for the Kings profit to suffer them The King himself was contented to indulge them but this great Favourite out of pride and his malice to Mordecai and for his sake to all the Jews perswades the King thus If it please the King let it be written that they may be destroyed The King hearkens to Haman's advice and a Decree is sent out to persecute all the Jews to their utter destruction but afterwards through Divine mercy by the means of Queen Esther and Mordecai miraculously prevented And altho here was only a design and intention of persecuting Gods people and not put in action yet such was the jealousie and wrath of God against the Enemies of his people Esth 9 25. that the chief contrivers of this Persecution Haman and his Sons were hanged on the Gallows and near eighty thousand of the Persecutors slain by those whose ruin they designed And the King commanded by his Letters That Haman's wicked devise which he devised against the Jews should return upon his own head which may terrifie all malicious or impious men from persecuting of their Brethren 4. The Persecution which Nebuchadnezzar made may likewise afford us an observation The King made an Image of Gold Dan. 3.1 4 5 6. and had a solemn Dedication of it and a Decree was made and proclaimed That all people when they heard the Musick should fall down and worship the Golden Image which Nebuchadnezzar the King had set up Then this Decree and Law of Conformity highly
imposeth on the Consciences of all his Subjects and that upon a most severe and capital punishment Whoso falleth not down and worshippeth Dan. 3.6 shall the same hour be cast into the midst of a burning fiery furnace All conformed to this Law except a few godly Jews and against them some envious pick-thank Caldeans complained to the King and accused Shadrach Meshach and Abednego that they would not conform and designed to persecute them to their destruction They informed the King Dan. 3.12 13 14. These men O King have not regarded thee they serve not thy gods nor worship the Golden Image which thou hast set up Then Nebuchadnezzar in his rage and fury commanded them to be brought before him and examined them who stoutly professed their Religion and confidence in God. Then the King commanded that they should heat the furnace one seven times more than it was wont to be heat and these men were cast into the midst of the burning fiery furnace But to the astonishment of the King and all the Persecutors they were delivered and the King blessed the God of Heaven Blessed be the God of Shadrach Dan. 3.28 Meshach and Abednego who hath sent his Angel and delivered his servants that trusted in him and have changed the Kings word and yielded their bodies that they might not serve nor worship any God except their own God. The King and the Persecutors were convinced and a Decree was made that none should speak amiss of the God of Shadrach Meshach and Abednego Of this King it is said When his heart was lifted up and his mind hardned in pride he was deposed from his Kingly Throne Dan. 5.20 21. and they took his glory from him and he was driven from the sons of men and his heart was made like the beasts and his dwelling was with the wild asses they fed him with grass like an ox and his body was wet with the dew of heaven till he knew that the most high God ruled in the Kingdoms of men and that he appointeth over it whomsoever he will. 5. Dan 6.4 5 c. In the time of King Darius there were envious Persecutors of godly Daniel who sought occasion against him concerning the Kingdom but they could find none occasion or fault They would fain have removed him from his Preferments to have made way for themselves and when they could find no default in him as to his Civil imployments forasmuch as he was faithful as most Nonconformists are neither was there any error or fault found in him Then the Persecutors said We shall not find any occasion against this Daniel except we find it against him concerning the Law of his God. Hereupon they sought to intrap him and acquaint the King That all the Presidents Princes Governours Councellors and Captains a great publick Councel had consulted together to establish a Royal Statute and to make a firm Decree That whosoever shall ask a Petition of any God or man for thirty days save of thee O King he shall be cast into the den of Lions and they prevailed with the King to sign the Decree Then Daniel when he knew that the Writing was signed he went into his house and his windows being open in his Chamber towards Jerusalem he would avow his profession and worship not withstanding the Law to the contrary he kneeled upon his knees three times a day and prayed and gave thanks before his God as he did aforetime This provoked the Persecutors they inform the King of it who was willing to save Daniel but they insisted on the Law of the Medes and Persians which altereth not Hereupon Daniel was cast into the Lions Den but his God preserved him and he was taken forth again the next day but the Persecutors and their Wives and Children were cast into the Lions Den and the Lions had the mastery of them and broke all their bones in pieces or ever they came at the bottom of the Den. 6. We may come to the highest of Persecutions to that of our blessed Lord and Saviour Christ Jesus His persecution began betimes shortly after he was born and continued till his Death and will continue against his Members till his coming again in Glory Matt. 2.13.16 Herodes Ascalonita sought the young Child to destroy him and when he saw that he was mocked of the Wisemen he was exceeding wrath and sent forth and slew all the Children that were in Bethlehem and in all the coasts thereof from Two years old and under according the the time be had diligently inquired of the Wisemen This bloody persecutor as Josephus relates was severely punished by God for his barbarous persecution of our Saviour Josephus Antiquit. l. 17. c. 7. l. 17.7 De Bello Judaic c. 21. Mat. 4.1.2 Mat. 12.14 Matt. 22.15 Matt. 26.3.4.59 47. and of these innocent and young Martyrs The grand Persecutor Satan tempted the Lord of Life in the Wilderness when he fasted Forty days and Forty nights After the Miracles which he had wrought it is said that then the Pharisees went out and held a Councel against him how they might destroy him Then they consulted how they might intangle him A publick Councel of the chief Priests Scribes and Elders consulted that they might take Jesus by subtilty and kill him and to this end all the Councel sought false Witness against him to put him to death His own Servant betrays him the Multitude with Swords and Staves from the chief Priests and Elders of the People apprehend him and lead him to the Councel Matt. 26.66.67 who pronounce their Sentence against him He is guilty of death then they spit in his Face buffet him and smite him After all this they still take councel against him to put him to death they bound him and led him away and delivered him to Pontius Pilate the Governour who when the Rabble cried out Crucifie him Matt. 27.28 29.30 34. released Barrabas and scourged Jesus and delivered him to be crucified but of all others the Soldiers used him most spitefully they mocked him put a Crown of Thorns upon his Head spit upon him Jo. 19.34 smote him and led him away to crucifie him They gave him Vinegar to drink mingled with Gall and pierced his side with a Spear after he was dead Thus was our blessed Redeemer rewarded by men for all the good he did for them they persecuted him to death who brought them Eternal life and glory But it were presumption to speak of that glorious Passion and all the Persecution of the Lord of Life in this small Treatise and by so weak a hand which the Pen of the Holy Ghost hath described Joseph Antiq l. 18. Eutropius L. 7. We may only Observe of his Persecutors that Judas hanged himself Pilate and most of the Councel that condemned him were as Eutropeus and others affirm afflicted with many and sharp miseries in thâ—ls life and with violent deaths besides their
Exercised the Office of Legislator of Judg and of King. Selden holds that he was in truth Selden de Synedr l. 2. p. 62. Regem fuisse Mosen revera c. King or Prince of the Israelits according to Divine Institution But this may be censured of too much curiosity I have the rather insisted thereon to shew that he who was the meekest man upon earth and highly indulged Gods people was a King and it will become all Kings to imitate his Pattern 5. Upon the same Ground I proceed to the Indulgence of Joshua Moses Successor who was also Prince or King in Israel He had the same authority as Moses had delegated to him from God and consented to by the people who promise him Josh 1.16 All that thou commandest us we will do and whithersoever thou sendest us we will go according as we hearkened unto Moses in all things so will we hearken unto thee We do not find that he was severe against any Dissenters from his Opinion but in his admirable Expostulation with the people he leaves it to them If it seem evil unto you this day to serve the Lord Josh 24.15 chuse you this day whom you will serve whether the Gods which your Fathers served that were on the other side of the flood or the Gods of the Amorites in whose land ye dwell Then he makes and declares his own profession of Religion But as for me and my house we will serve the Lord. He sought not to convince the people by severe Laws and punishments but by meek Exhortations and Admonishments reasoning the matter with them If ye forsake the Lord Josh 24.20 and serue strange Gods then he will turn and do you hurt Josh 24.21 22 23 24 25. and consume you after that he hath done you good And the people said Nay but we will serve the Lord. And Joshua said Ye are witnesses against your selves that ye have chosen the Lord to serve him and they said We are witnesses Now therefore said he put away the strange Gods which are among you and incline your heart unto the Lord God of Israel So Joshua made a Covenant with the people and set them a Statute and an Ordinance in Shechem This way of meekness and Indulgence Joshua held the best way to perswade the people to Conformity to put away the strange Gods which were among them and to incline their heart unto the Lord God and it is an excellent precedent to be followed 6. The next in order is to consider of the Indulgence which the Judges and Kings gave to the people of Israel whereof there is not much to be gathered more than what is before remembred in general in the times of Moses and Joshua The times wherein there was no King in Israel that is no Governour nor Government when every one did that which seemed right in his own eyes relate to Civil as well as Spiritual matters and were rather times of Anarchy than of Indulgence But both the Judges who were Monarchs and a kind of Kings and the Kings by name did generally indulge all Persons in matters Spiritual except in cases of Blasphemy Idolatry or breach of the known Law of God. To write the Particulars of these times would take up too much of ours they are obvious in the Holy Story which every servant of God will take delight to read And throughout all the passages of them it will appear that they were indulgent to different perswasions in matters of their Law wherein as to Expositions and some weighty points there were many different opinions whereof there will be occasion to make some mention by and by and that these Dissenters were not punished It will likewise be manifest that all Indulgence in matters of this nature proceeded from the Judges and Kings who by their Exercise thereof shewed that the Right of Indulgence was in them though the Cases before mentioned were not to be dispenced with but by sinning against God and transgressing the Law which he had given unto his People and which will not be done by granting an Indulgence now desired 7. Time will be wanting to insist on these and I must omit many other examples in the Word of Truth of Indulgence in Spiritual matters and come to that which may serve instead of all others the unerring great Examplar our Lord Jesus whose infinite wonderful indulgence and mercy to his unworthy Creatures gives a sharp rebuke to all persecuting earthly powers and fully instructs them to give indulgence to those over whom he hath set them Our blessed Redeemer God Omnipotent knew the inclinations and opinions of all mens hearts and ways who were just and righteous who were wicked and ungodly who were sincere and who were hypocrites who were faithful and who unbelievers Yet was he graciously pleased to make no distinction 1 Tim. 2.6 Acts. 10.43 John 3.15 but indulged all both Jew and Gentile just and unjust righteous and sinful he gave himself a Ransom for all that whosoever believes in him shall have remission of Sins shall not perish but have everlasting Life Our Jesus who inhabiteth Eternity liveth for ever and can do whatsoever pleaseth him was pleased in his great humility and mercy to Mankind to come down from Heaven upon the Earth and to take our vile Nature upon him How unfit is it for sinful Dust and Ashes whose Breath is in their Nostrils who are but as of yesterday to ascend the Throne of God to take his Authority on them to sit in Judgment upon the Hearts and Consciences of Men The Lord of Life and Glory humbled himself and became obedient to death even the death of the Cross that he might thereby purchase his Enemies eternal Life How unanswerable to this is it for Powers made of Dirt and without Foundations to condemn their Friends to death that will not be of the same judgment with these Rulers The searcher of Hearts allows a freedom to all mens Hearts and Consciences to serve him in such ways as they think most agreeable to his Divine Will. How unfit it is for any earthly Govornours to attempt an alteration of the frame of the hearts of men to compel them to serve God in such ways as are most agreeable to the will of the Governours and contrary to the Hearts and Consciences of those whose good only is concerned Christ exhorteth all to Kindness and Indulgence Luke 4.18 and affirms That he was sent to heal the broken hearted How unfit it is for his Vicegerents to wound yet more the broken hearted He was sent to preach deliverance to the Captives How contrary is it to proclaim imprisonment or banishment to those whom Christ hath made free He was sent to recover sight to the Blind those who are sent by him have no Commission to put out the Eyes of those that see to torment and punish their Brethren because they see not with their Rulers Eyes Christ was sent to set