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
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
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
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.
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
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
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
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