which is not so easily sheathed again Princes well advised have never put some of their Subjects to death to make others believe that they have not wasted their Provinces by War but to instruct the Consciences of their Subjects by the Sword knowing that Religion is an act of Union Concord and Instruction War nothing else but Misery and Destruction And they who have moved Heaven and Earth that is have made use of every Engine to force the Consciences of their Subjects into the same Religion have been constrained at last to desist rejecting the Counsels of bad Physicians who have nothing but Stibium and letting of blood for all sorts of Diseases Where Liberty of Conscience cannot be enjoyed the Canker of Civil Discord frets and eats till it can break forth into open Sedition But by granting an Indulgence both their Minds and Persons become peaceable 2. That this is so appears from the Examples of some of our Neighbours who had many troubles and much disturbances of their Peace before Indulgence was granted to Dissenters among them and much Peace and Security after it This was the case of the Netherlanders whom their Governours could not retain in Peaceful Obedience till they had granted this Indulgence which with them is very large yet is esteemed a chief cause of their Peace and Civil Unity nor do any flourish more in Trade and all Security That wise and gallant Prince H. IV. of France saw so great Mischiefs in his State and such a floud of Civil Dissention for want of this Indulgence that he thought fit to grant it and told his Parliament That Necessity and Utility moved him to do it by the Advice of all his Council who found it good and necessary for the State of his Affairs and the good of his Service to confirm the Indulgence and to dissipate those unhappinesses that Discord had produced and it would be found equally prudent peaceful and happy for every Prince to follow this Example 3. That by such Indulgence the Peace will be the better preserved appears further by Examples of elder times Christians have been so strangely hated and persecuted in the Birth of the Church that some gave them no other Names but of Impostors others accused them of the injury of the Air of the sterility of the Seasons of the overflowing of Rivers and of Earth-quakes But the Emperour Adrian would not that they should be curiously searched into as to the matter of Religion and Antoninus his Successor commanded that he that accused them should be burnt alive After the whole Empire had found the publique Prosecutions of Dioclesian and Maximinius to be vain and fruitless and that for one Christian they caused to be Burnt an hundred sprang up out of their Ashes their Successors found it true Curtius L. 7. nemo Rex perinde animis imperare Potest That Kings have not the same command over Hearts as over Bodies That Religion could not be forced that Truth could not be joyned with Violence nor Justice with Cruelty and that there is nothing so free as Religion nothing so voluntary that the Permission and Indulgence of that freedom tends most to the preservation of Publique Peace a main ground of all Polity Pagan Princes have found it so Pagans have Indulged Christians by Indulging the Christians And it was Objected against Decius that his want of Moderation towards the Christians robbed him of the Title of a Great and Righteous Prince Christian Princes also have Indulged Pagans Christians have Indulged Pagans and would not have Paganism among them to be Punished The Emperours Honorius and Theodosius though burning with the Zeal of advancing their Religion yet would not that the Heathens should be forced to be Christians and required of all Judges and Presidents of Provinces not to trouble them so long as they did live without Disturbance or Sedition It were hard for Christians to deny the like favour and Indulgence to one another The Jews Jews have been Indulged by Pagans although irreconcilable Enemies to the Ethnicks and to the multitude of their Gods yet have they dwelt with the greatest security among the Grecians Parthians Medes Elamites and Mesopotamians none ever chaced them out of the Roman Empire they have had there in all times their Synagogues especially under Nerva and Antoninus Pius They have lived peaceably and been Indulged in England And by Christians France Spain and other Countries and wheresoever they were driven out of any Kingdom it was not for their Religion but for their Vsuries and great Cruelties and it would be hard to see these in quiet who deny Christ and Protestants hurried to Prison for disliking Surplices or some little things Doubtless A violent way of force will never be found a way to preserve Peace where a mild way of Indulgence is open and having been taken it appears by Examples both of elder and latter times that it hath been found by Princes the best way to preserve their Tranquility 4. Upon the grounds of Polity from the consideration of the the present state of our Affairs in England it seems sit that this Indulgence be granted and that thereby our Peace will the better be preserved The Baltique and other deep Seas being once moved by Tempests do swell and rowl high for many hours after and a small new Storm raises them yet much higher After hideous Storms of Civil Discord in England the Affairs thereof through the miraculous goodness of God in his Majesties Restoration are come into a calm state yet the more apt to rage because so lately moved and therefore surely all Tempestuous courses are to be avoided and Provocations laid aside There are three ways of stopping Commotion from raging again by Force by Extirpation or by Indulgence If Force be used to keep Dissenters quiet and to compel Conformity this Force cannot be maintained without a vast Charge this Charge will increase Discontent in them and others that must cause increase of Force that again increase of Charge and that of Discontent and so it will run round in a course of unhappiness and unsetledness It were Impiety in a Prince to be angry with his own Countrey he ought rather to imitate good Physitians who having used sharp Remedies without profit do apply sweet ones Those who are for an Extirpation of the Nonconformists would un-people their Native Countrey disarm their Prince of so may thousands of Strong and Valiant Subjects abate their own Revenue and the publique Wealth and Trade to enrich Foreign Countries Some merciless Fancies would force a Conformity on Pain of Death a sure way of Extirpation Such Tyrannous men are like their Predecessor infamous in History who would have all conform to his Stature those who were not so tall as he to be racked out to his length those who were taller then he to be cut stort to the length of his Bed. Certainly there is as much difference in Judgments as in Statures and as
the speaking or declaring of Law the soveraign or the highest lawful Authority Spiritual Jurisdiction is about matters relating to the Spirit or Souls of Men to Eternity wherein a King in the strict acceptation of the Word can have no Jurisdiction for no Power can command the Spirit or Soul of Man but God only French Academy c. 33. p 540 541. Accordingly an Ingenious French Author holds That one part of Man's building the Soul is created free for ever and to be exempted from the yoke of Humane Power acknowledging only the Divine Jurisdiction as the Apostle intimates Standfast in the liberty wherewith Christ hath made us free Gal. 5.18 ye have been called unto Liberty The Spiritual Jurisdiction whereof we speak is and can only be exercised upon the Body concerning some actions which may have a relation to the Spirit and eternal condition of Man wherein the Magistrates power is exercised to suppress Idolatry and Sin. Field of the Church p. 680. Dr. Field saith that Spiritual Causes are of two sorts some are originally and naturally such and some only in that they are referred to the cognizance of Spiritual or Ecclesiastical Persons as the Ecclesiastical Testaments Matrimony Sir John Davis rep Case of the Premunire c. And Sir John Davis saith that for 300 Years this distinction of Spiritual or Ecclesiastical and Civil was not known or heard of in the Christian World. The causes of Testaments Matrimony c. termed Ecclesiastical or Spiritual were indeed meerly Civil and determined by the Laws of the Secular Magistrate for making of Wills and Marrying were regarded by Heathens as well as Christians But for Causes and Persons Spiritual and Ecclesiastical that are properly and indeed such as First-table-duties which concern matters of Faith and Holyness and what conduceth to the eternal welfare of Mens Souls Some hold there is a Right in the Civil Magistrate more suo to give Commands and exercise lawful Jurisdiction about things of that nature And it is meant and will in part be made appear that as to Spiritual Matters a Supreme Spiritual Jurisdiction which is always to be intended according to Law over Persons and Matters which are usually termed Spiritual or Ecclesiastical is in Kings 2. In the next place we may consider the matter of fact and the consequence of the Argument thereupon The matter of Fact will be showed to be the constant and general practice and exercise of Supreme Jurisdiction in Spiritual Matters by most Kings and Princes both Christians and Pagans and from the eldest Times to our present Age which will be distinguished and some particulars of this Practice briefly noted in the following Sections The consequence and conclusion thereupon will be this If Kings and Princes have Supreme Jurisdiction in Spiritual Matters as the practise thereof and the Authorities proving the same do demonstrate that they have It will then necessarily follow that the Right of Indulgence which is a part of that Supreme Jurisdiction is likewise in those Princes He that hath Right in the whole hath Right in every part thereof and the grant of Indulgence is an Act of Jurisdiction in Spiritual matters comprehended within the general Jurisdiction which belongs to Princes and consequently doth belong to those to whom the Supreme Jurisdiction doth belong in Spiritual matters and that is to Kings and Princes We may begin with the eldest exercise of this Jurisdiction 3. The first Exercise whereof was in Fathers of Families and by the same reason is proper to be in Kings who are Fathers of their Countreys The first guide of the Requisites Calibute Downing 's Discourse of the Estate Ecclesiastical p. 57. as to Publick Exercise and actions of Religion was the original Domestick Discipline in Private Families where the Father was a King and Priest Adam directed his Sons to Sacrifice Seth Noah Abraham and the Princes of those times Fathers of Families were Priests also That the Priesthood was in the First-born as in Melchisedeck who is taken for Shem the first-born of Noah and in the rest of the first-born the Fathers of Families in those times before Aaron is admitted both by Christians and Hebrews Abraham and every Patriarch or Prince within his Territory and every Father of a Family within his Family did exercise the office of Priest also So it is or ought to be at this day That every Father of a Family is either in his own Person if he be able or by providing some fit Person if his Estate will bear it to perform Religious Duties in his Family to pray and expound the Holy Scriptures there It will not be denied but that every such Father of a Family may dispense with and indulge any of his Children or Servants to be absent from those Family-Duties when he shall see just cause for it And it would be hard to deny a Prince the same power of Indulgence to his Subjects which is allowed to every Father of a Family to his Children and Servants 4. We may in the next place look into this Jurisdiction Exod. 29.9 Numb 3.10 as it was exercised by the Hebrew Princes Moses Consecrated and commanded Aaron and Moses is styled the Priest of Priests and the Supreme King Rex summus item Sacerdos Jos 1.5 Jos 7. and also Priest which is testimony sufficient of his Supremacy in Spiritual things Joshua had the presence of God with him as Moses had and commanded all as he did both Persons and Causes he built an Altar in Mount Ebal and offered Sacrifices there and read the Law to the Levites and Priests Deborah was Prophetess and Judge or Prince of Israel Samuel was a Prophet and he and most of the Judges of Israel did exercise Supreme and Spiritual as well as Temporal Jurisdiction in Israel So did David Solomon Jehosaphat Hezekiah and other Kings of Israel Bertramus Menechius Seldenus Sigonius c. and of Judah whereof there is plentiful mention in the holy Story and in those Authors named in the Margin who have written on this Subject and it is the best Pattern to be followed by other Princes The Hebrew Word for a Priest signifies likewise the Prince of a Territory not that Priesthood made one a Prince or did carry Command with it but that Princes were chief Priests also in their Territories Before the Law given in Sinai Moses had cognizance as well of Sacred as of Prophane Matters together as they were termed without the distinction of Spiritual and Civil And this appears in the Tribunals set up by Jethroes advice and in his Judgments in those Sacred Causes and to him the Appeals were made whether the Matters were Sacred or Prophane and doubtless in the exercise of this Supreme Spiritual Jurisdiction the power of Indulgence where he saw cause was not denyed him 5. The like Jurisdiction was in the Heathen Princes who from the Presidents of the Hebrews although miserably depraved drew their Customs to have
Emperour Theodosius ordained great Punishments but he Executed none He would restore his Subjects to the Concord of Religion and of Divine things more by sweetness then by force more by favour and by love than by cruelty and punishment which were true grounds of Piety for his Indulgence and a Pattern worthy Imitation The four first Councills did not use other Arms against Dissenters than the Word of God. That of Nice of 300 Bishops against Arrius That of Constantinople of 150 against Macedonius That of Ephesus of 200 against Nestorius and 630 against Eutiches These Reverend Fathers held that Heresy is an Obstinacy of Soul which is not subjected to the Torments of Bodily Death That Punishments do rather discover and give breath to the Sect than smother and strangle it And that Punishments are of no use except it be to break the Bonds of Affection for meeting with Souls so resolved and constant it draws away more in an hour then their Lives could have done in ten years If the Church in those times of her Purity were thus tender and indulgent to those they esteemed Obstinate Hereticks why may not the present Dissenters most of them being in Ceremonies and matters not Fundamental be in hopes of such an Indulgence as may free them from the Rigour of some Laws and preserve the Liberty of their Consciences which upon grounds of Piety is fit to be granted especially to those that live peaceably 6. From the ground of Piety to avoid the effusion of Christian-blood this Indulgence is fit to be granted War saith the History of H. IV. is not dead in an Estate where Consciences are divided but only Sleepeth there is nothing that doth more slide and speedily penetrate into the Perswasions of men to stand one against another than this Religion every one thinks his own way best and judgeth so more by Zeal and Perswasion than by Knowledge and Reason From hence it hath too often fallen out that there hath been much Effusion of Christian-blood when there hath been attempts to force men contrary to their Perswasions and nothing doth more allay and stop this Sanguinary Issue than an Indulgence to these men Fulges l. 3. c 11. Suetonius Vt uno ictu omnes interficere simul posset and it is a great ground of Piety to avoid such Effusion of the Blood of our Fellow Christians A Prince must not be of the mind of Caligula who wished that all the People of Rome had but one Neck that with one stroke he might cut them all off Nor of Vitelius who when divers by reason of the stench of dead Bodies went out of the way Suetonius the Emperour went streight forward through the heaps of the dead Carkases saying That the dead Body of an Enemy did smell excellently well Optime olere Hostem praesertim Civeâ— but especially that of a Citizen Nor that of Hannibal who when he saw a Ditch full of mens Blood is reported to say That it was a most Beautiful sight Such pleasure did these Beasts take in Wickedness and the Effusion of Humane Blood but a good Prince and Christian detests such Cruelty and labours to avoid such Rigors especially upon his Subjects whose Blood is better kept in their Bodies for the Defence and Service of their Prince and Countrey Bloodiness is an opposite to Right as the wise man Notes Prov. 29.10 Psal 5.6 Rev. 19.2 That the Blood-thirsty hates the Vpright and we are assured that the Lord will abhor the Bloody man and avenge the Blood of his Servants Nothing more Defiles a Nation nor brings heavier Punishments on them than the shedding of Innocent Blood. Bishop Halls contemplation on Abel and Cain Nothing saith the Ingenuous Bishop Hall hath a louder Voice then Blood the Cry of it is heard from Earth to Heaven every drop of Innocent Blood has a Tongue and is not only Vocal but Importunate How careful then ought Princes and Magistrates to be to avoid the Effusion of Blood which will so much polute the Land if it be Innocent and Cry so loud against them If they would prevent this Effusion of Christian Blood either by the Sword of War or of Peace it must be by Indulgence the most likely way to do it and a ground of much Piety for it 7. Dr. Jerem. Taylor his liberty of Prophecying 521. Another ground of Piety for this Indulgence is from the difficulty to search out the truth The Reverend Bishop Taylor gives this Reason for it It is impossible saith he for any Industry to consider so many particulars in the infinite numbers of Questions as are necessary to be considered before we can with certainty determine any And after all the considerations we can have in a whole Age we are not sure not to be deceived The obscurity of some Questions the nicety of some Articles the intricacy of some Revelations the variety of Humane Vnderstanding the windings of Logick the tricks of Adversaries the subâ—ilty of Sophisters the engagement of Education Personal Affections the portentous number of Writers the infinity of Authorities the vastness of some Arguments as consisting in enumeration of many particulars the incertainty of others the several degrees of Probability the difficulty of some Texts the invalidity of probation of Tradition the opposition of Exteriour Arguments to each other and their open contestation the publique violence done to Authors and Records the private Arts and Supplantings the falsifyings the indefatigable industry of some men to abuse all Vnderstandings and all Perswasions into their own Opinions These and thousands more even all the difficulty of things and weaknesses of man and all the arts of the Devil have made it I conceive next to impossible for any man in so great variety of matter not to be deceived If then it be so easy a matter for men of the greatest Learning and Parts to be mistaken in these matters If it be so difficult a thing for the ablest and most judicious men to find out the Truth in these matters of dispute and difference in Religious things It would be uncharitable and against the grounds of Piety to force these men who are not all learned nor of the deepest knowledge to conform to the judgments of others in matters of this nature under grievous punishments if they do not But surely it is more consonant to the grounds of Piety being it is so very difficult as the Bishop shows not to be deceived and to search out Truth that an Indulgence be allowed to these Dissenters and that those in Power do remember that even themselves may be deceived 8. Another ground of Piety for this Indulgence is from the aptness of good men to Err. The Bishop hath showed the difficulties which must be passed through in the search of Truth wherein learned able good and pious men may easily be deceived And where there is so much occasion to lead them into an Error it were uncharitable and against
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