Ecclesiastical Laws and Supremacy of the Kings of England, Chapter 2
CHAP. II. Of the Prerogative and Regal Power in relation to Eccleſiaſtical Lawes and Matters of Religion.
1. REligion in the moral part thereof, namely, the Precepts and Commandments of God, the inſtitutions and Ordinances of Chriſt, theſe are not ſubject to any humane Wiſdom or Power. The Apoſtles that were of higher authority in theſe Affairs than any on earth, went no further then as 1 Cor. 11.23. What I have received of the Lord that I deliver unto you. To make Lawes in Spiritual Matters that are ſuch by the Light of Nature that men may be moved to do and act according to this Light in duty and our Civil concerns, we yield unto the Magiſtrate who is cuſtos utriuſque tabulae.
2. There are matters of Circumſtance: alſo theſe and the like are made by our Lawes to depend upon the power and ordering of the Prince. This diſtinction you have laid down as Law by Judge Hobart. Theſe are his words: Though it be jure divino that Chriſtian People be provided of Chriſtian offices and duties, as of Teaching, Adminiſtration of Sacraments, and the like, and of Paſtors for that purpoſe, and therefore to debar them wholy of it, were expreſly againſt the Law of God: Yet the diſtinction of Pariſhes, and the form of furniſhing every Pariſh Church with its proper Curate, Rector or Paſtor by the way of Preſentation, Inſtitution, &c. as it is uſed diverſly in divers Churches, and the ſtate or title which he hath or is to have in his Church and Benefice, is not a poſitive Law of God in point of Circumſtance. And we know well that the Primitive Church in its greateſt Purity, was but voluntary Congregations of Believers ſubmitting themſelves to the Apoſtles, and after to other Paſtors, to whom they did miniſter of their Temporals as God did move them. Government is a beam of Divine Power, and therefore he proceeds ſaying, if a People refuſe all Government, it were againſt the Law of God, but if a popular State will receive a Monarchy, it ſtands well with the Law of God. In the Caſe of Glover and Colt againſt the Biſhop of Coventry and Litchfield, pag. 149.
From all this the Judge ſeems to confirm his diſtinction by way of Compariſon thus. As in humane affairs Government in the general and eſſentials of it, that one man be ſubject to another in an orderly way, is neceſſary, and jure divino, and not in man's liberty and diſpoſe: Yet for the modes and forms of Government and like Circumſtances, it is left to the choice and wiſdom of Men and the Conduct thereof.
So in Matters of Religion which are not jure divino, our Law judgeth the Magiſtrate hath the ordering thereof in each Nation according to the manners and temper of the People, which is various: And in particular the diſpoſing of Paſtors and People for the more convenient and orderly Service and Worſhip of God to be only jure humano, and may be otherwiſe, and was ſo in the Primitive Church in her greateſt Purity.
Paſtors and People were not then as now engaged by this relation one to another in this Parochial bond or tye, but enjoyed a Chriſtian liberty voluntarily to diſpoſe of themſelves, under ſuch and ſuch a miniſtry as they ſhould make choice of to themſelves. The Church is ſaid in that ſtate to be in greateſt Purity. 1. The Congregational way therefore is not a way in this learned Judge's opinion of diſorder, and confuſion, as is ſo frequently ſuggeſted. 2. And that it is in the power of Supreme Majeſty to diſpenſe with a Pariſhioner as well as with a Paſtor or Rector to be a non-reſident and take another Rectory, the diviſion of Pariſhes being jure humano.
What thoſe things and Matters of Religion are in the judgment of our State that come under the manage of humane Wiſdom and Power, is well expreſſed in Queen Elizabeth's Advertiſement. Theſe Orders and Rules have been meet and convenient to be uſed and followed; yet not preſcribing theſe Rules as Laws equivalent with the eternal Word of God, and of neceſſity to bind the Conſciences of our Subjects, in the nature of them conſidered in themſelves; or as they ſhould add any efficacy or more holineſs to the virtue of publick Prayers, and to the Sacraments, but as temporal Orders meerly Eccleſiaſtical without any vain Superſtition, or as Rules in ſome part of diſcipline, concerning decency, diſtinction and order for the time.
And in the Articles of 1562, It is not neceſſary that Traditions and Ceremonies be in all places one or utterly alike, for at all times they have been diverſe and may be changed according to the diverſity of Countrys and Mens manners: So that nothing be ordained againſt God's Word.
It is granted that even theſe Eccleſiaſtical Lawes ought to be conformable to the Word of God, and to theſe general Rules laid down in the Scripture for ordering the Worſhip and Service of God in the Churches; as let all things be done decently and to edification: Give no offence to Jew or Gentile, and the like, but not to be mens mere inventions.
That diſtinction which ſome would make of things againſt or contrary, and what is according to the Word of God, as they apply the one to matters of Faith, the other to matters of Order, is a diſtinction without a difference: there is more wit than truth in that interpretation of Chriſt's words, He that is not with me is againſt me; and in another place, He that is not againſt me is with me, applying one to matters of Faith, the other to matters of Order. There is no ſuch diſtinction to be made, but Rites, Ceremonies, and matters of Order ought to be according to God's Word as well as matters of Faith. Magiſtrates are to judge circa res Eccleſiaſticas, de iis ſi fidei ſint dogmata vel ritus & Ceremeniae: earum que veritatem & equitatem juxta verbi divini normam. Mocket de Pol. Eccl. Anglicanae cap. 30. And the Power of the King ſtands not in forming new Articles of Faith or formes of Religion, and ſuch as were Jeroboam's Calves, but in defending and propagating that Faith and Religion of which God in the Scripture is the undoubted Author, faith Maſon of Biſhops, cap. 5.
It is evident thoſe holy men our firſt Reformers made no ſuch diſtinction; but that all ſhould be done according to God's Word, laying before them theſe general Rules in Scripture, even in retaining that which hath been ſo offenſive; for of the retaining Ceremonies there is this account given by them, viz. becauſe they appertain to Edification: whereunto all things done in the Church, as the Apoſtle teacheth, ought to be referred. And our Liturgy ſaith thus: There is nothing to be read but the very pure Word of God and the Holy Scriptures, or that which is evidently grounded upon the ſame. Preface to the Common-Prayer. God be thanked (ſaith good King Edw. 6.) we know both by his word what is fit to be reformed and have amended, &c. The Biſhop of Rome and his Juriſdiction is taken away and aboliſhed, becauſe is had no ground or eſtabliſhment in the Lawes of God. Injunct. Ed. 6. So Pil grimages, Offerings, Beads, Images are done away, being works deviſed by man fancy, and beſide Scripture.
It is convenient thus diſtinctly to have inſiſted upon what we term Religion, or Matters Eccleſiaſtical, according to that ſenſe in which the Civil Magiſtrate aſſumes to himſelf the ordering hereof, and what influence and authority the Scriptures have, or ought to have in theſe Rites of the Church, and matters of Orders as well as matters of Faith. For hereby it appears whence it is mens Conſciences are more concerned in theſe Lawes than in other municipal Lawes of the Nation; and their not being free to ſubmit to theſe Eccleſiaſtical Lawes when not formed according to God's Word, is no evidence of that Seditious ſpirit that kicks againſt all Lawes.
2. There is a neceſſity, and that of much greater importance, Proviſion be made of Diſpenſations, &c. as occaſion ſhall be of Lawes Eccleſiastical than Civil.
In Matters of Religion and the Service of God, (1.) Multitudes there are of looſe and prophane Perſons, and in reſpect to ſuch neither are the Lawes in themſelves, nor in the execution of them, ſevere enough. (2.) Againſt POPISH Recuſants the Lawes have been ſevere enough, yet in the Execution, great Moderation (3.) There are thoſe (and bleſſed be God great numbers) who are not only Orthodox in Faith, but of unblameable life in the greater things of the Law and Goſpel. Theſe have faln under moſt fevere Lawes, and of late with greateſt ſeverity put in execution, and would be utterly ruined, if there be no means of relaxation. It is in the behalf of theſe I argue this Neceſſity of Indulgence, and from theſe and the like Conſiderations.
1. There is a greater proneneſs in conſcientious men to ſcruple and to be doubtful in their obedience to the Eccleſiaſtical, than to the Civil Lawes of a Nation: as before.
2. The great difficulty in forming Lawes wherein mens Conſciences are immediately concerned ſo as not to diſſatisfie ſome, if not many.
3. If thoſe Lawes be not according to Scripture in the apprehenſions of thoſe that are to obey, whatever they are in themſelves, it's our Sin if we obey: it's not ſo in Civil commands.
4. It is not of ſo ill conſequence for us to yield obedience to a Civil as to an Eccleſiaſtical Law, if ill conſtituted by the State.
5. From what is found in a manner peculiar in theſe our Eccleſiaſtical Lawes, and the adminiſtration of them many ways prejudicial to the ſubject, there is a neceſſity ſome ſuch proviſion be found on our behalf of this kind.
1. The real doubts and ſcruples about our obedience in theſe Eccleſiaſtical Matters, cannot but be more and greater than in other Lawes. A man of the greateſt knowledge in theſe things knoweth but in part, and the moſt men have but a parcel in this part. It is true the Principles and the greater matters of Religion are in great perſpicuity laid down in Scripture, which gives knowledge to the Simple; but theſe matters of Circumſtance and external order we have for the moſt part in the generals only, and hints from Examples and Cuſtoms of the Apoſtolical Churches, in the interpre. terpretation whereof the moſt learned find difficulties and are divided. Now the want of Knowledge is the ground of ſcruple and doubts in our practice, 1 C. 8.7. For the working of Conſcience is from the ultimate reſolution of the practical underſtanding, and hence it is that the ſame Practice may be not only ſcrupled, but a Sin to one man, that is not to another upon the account of different apprehenſions. There may notwithſtanding be integrity and ſincerity in both, and therefore they are tenderly to be dealt with as the Apoſtle requires, which you read in Rom. 14.
2. A great difficulty there is to form Eccleſiaſtical Lawes; they being to be the ſame (where uniformity is much ſtood upon) for a whole Nation, ſo as not to leave grounds of diſſatisfaction to many mens apprehenſions, being various thorough the degrees of Light: in ſo much as that may be Sin to one man, which is a liberty to another of a greater degree of light. A little is next to nothing, and what is indifferent is neareſt in likeneſs to moral Good or Evil. Hence ſo frequent miſtakings. And as it is with particular Perſons, ſo may it be with a Society or Company of men: one true Church in theſe things differing from another, and the ſame Church differing from it ſelf upon further diſcoveries. A Synod, a Parliament may judge ſuch and ſuch things, that they who are to ſubmit, may ſincerely ſcruple, and ſtick at as Sin. If Churches and Men heavenly enlightned are thus expoſed to vary in their apprehenſions, we cannot be confident of any Councel or Aſſembly made up of the moſt Wiſe and Prudent Men.
Parliaments are choſen by the votes of the promiſcuous multitudes in reſpect (we would hope) to their ſufficiency in managing our Civil and Temporal concernments: but as to their Skill and Ability to diſcern and judge of ſuch matters appertaining to Order in the Service and Worſhip of God, all men have not this Knowledge: this is little or not at all attended by thoſe that Elect them; by reaſon whereof Matters wherein mens Conſciences are concerned are not at all times carried by thoſe who are moſt Conſcientious in that Aſſembly, who are not alwayes the Major part; yet notwithſtanding are required in their Conſciences to aſſent and conſent to ſuch Determinations being made, although poſſibly near one half in number diſſented in the paſſing of them; and it is unavoidable in all and the beſt Aſſemblies that are choſen by the general ſuffrage of a Nation.
Again, Theſe matters of Ceremony and external Order are ſometimes managed in part with reſpect to a Party different in their apprehenſions, and who thereupon form theſe Lawes with reſpect to Prudence as well as Conſcience. In our firſt Reformation it was ſaid ſuch Superſtitions are taken away, a…time would ſerve quietly to do it, and many things were left remaining in our Liturgy, which otherwiſe would have been removed in compliance with that form of divine Service uſed-before by the Papists, that they may not be provoked but rather won thereby to our Religion. Womens Baptizing was continued in our Liturgy, (ſaith the Biſhop of Wincheſter) elſe the Book would not have paſſed the Houſe. [Conf. at Hampton-Court.] King James was once willing that ſome Ceremonies giving offence ſhould be removed. But the Parliament then ſitting thought it not Prudence; and our preſent Sovereign would have done a great matter for the Eaſe of Tender Conſciences, as appears by ſome of the Declarations herein after mentioned; but it ſtood not with the Prudence of this Houſe, as they expreſſed in their Anſwer, without whoſe concurrence His Majeſty thought not fit then to do it.
3. From miſtaken Principles, as that there can be no Ʋnity without Ʋniformity, that there can be no Diſcipline in a Church without ſome Ceremonies of humane Inſtitution; that things in Worſhip indifferent become neceſſary, being impoſed by Authority: That things in matters of Order that are once eſtabliſhed, and ſome time continued in the Church may not with ſafety be altered. Theſe things I offer not to derogate from Parliaments in their manage of ſuch Affairs, but upon this ſerious account only, To ſhew that as our Civil Lawes have made proviſion that the Church ſhall not in their Lawes and Canons order any thing againſt the Prerogative of the King, or the Lawes and Statutes of the Realm in general, and that ſuch Canons ſhall not be in force that do. (25 Hen. 8.19.) So likewiſe Lawes and Statutes in Eccleſiaſtical Affairs, eſtabliſhed by the Civil Power, if they be found to derogate from the Prerogative of Chriſt Jeſus, or the Lawes and Statutes of his Kingdom ought not to be in force upon mens Conſciences.
As Church-men being ſuppoſed not to be ſo well underſtood in ſecular Lawes but may tranſgreſs, ſo may ſecular Perſons likewiſe in their orderings about Church Affairs; therefore there is a like neceſſity of a Power to review, Judge and diſpenſe with ſuch Lawes as ſhall be found to diſturb the Conſciences of peaceable Subjects, as occaſion may urge thereunto. Hen. 8. by Commiſſion (which was continued by Edw. 6.) appointed 32 Perſons, 8 of each Profeſſion, to peruſe the Canons of the Clergy then in force, to the end thoſe might be removed that were any ways againſt the Crown and State. Theſe Kings might have done the like in reſpect to thoſe Canons and Eccleſiaſtical Lawes enacted in Parliament, if they were found to derogate from Chriſt's Commands, or his Inſtitutes, or if juſtly offenſive to the peaceably Godly, that Diſpenſations might be granted for the preſent, till further Reformation be obtained.
3. The Municipal Lawes of a Nation are from and conformed to the Principles of right Reaſon and common Juſtice only, and we have ſubmitted to the Reſolutions of thoſe Wiſe and Prudent Senators we our ſelves have made choice of to enact and eſtabliſh ſuch Lawes for us, and therefore may acquieſce in their Determinations without further enquiry, having given a kind of abſolute pre-conſent to ſuch Lawes as ſhall be enacted by them: but it is not ſo in Eccleſiaſtical Lawes intruſted with the ſame Perſons, for they are to be formed according to God's Word which every man is to take as his immediate Rule, and not to do or ſubmit to any thing in his Practice about the Notion of Religion, but what is conformable thereunto; he is to LIVE and act by his own Faith. To Lawes Eccleſiaſtical therefore made in Parliament we give only a Conditional Conſent, viz. So far as they are agreeable to God's Word, and concur with Goſpelrules; nor is it in the liberty of any man's Conſcience or reaſon to yield more, nor is there any more by us intruſted with the Repreſentative, the Parliament. If a man doth ſcruple the reaſonableneſs or equity of a Law eſtabliſhed concerning Civil right, or what is required from ſuch a Statute, he may notwithſtanding yield Obedience without Sin, and ought ſo to do, rather than to offend by any appearance of diſobedience as Christ himſelf did, Matth. 17.26, 27. But in Matters of Religion, even Circumſtances Ceremonies or Matters of Order, or the leaſt thing wherein the Lord hath concerned his Word, if there be a doubt or ſcruple whether it be lawful and conformable to Scripture; tho it be from Ignorance, or weakneſs, yet I ſin if I ſubmit in practice thereof, Rom. 14.21. compared with 2, 3.
The conſequence of Tranſgreſſion in this kind is more than the loſs of Eſtate, Liberties, yea, of Life it ſelf. If Lawes from Superiors concerning Civil right be unjuſt in themſelves, or prove unequal from the Circumſtances of this or that man's Caſe, who cannot be relieved by any indulgence, he may ſubmit without Sin, and without tranſgreſſing any Law of God; nay, it is virtue and pleaſing to God to ſhew our patience in ſuch ſuffering, 1 Pet. 2.13. compared with 18, 19. 1 Cor. 6, 7. but not ſo in the Matters of Religion; for we have it from Chriſt to the contrary, that is, not to ſubmit Coloſſ. 2.20. and God blames his People by his Prophets, for willingly walking after the Commandments and keeping the Statutes of Omri, Hoſea 5.12. Micah 6.16. the Lord is a jealous God.
4. If there be not a Power to Judge and Diſpenſe intruſted in ſome hand, the People are in a worſe condition on theſe accounts then in their civil intereſt, and that upon a threefold account.
1. The Secular Lawes and Statutes made in behalf of the Subject are often upon further Deliberation and Experience of inconvenience altered and repealed, whereby the Subject hath eaſe. It is ordinarily ſeen in our Civil concerns, that ſome ACTS of Parliament that partly for their ſeverity, or upon ſome other account, paſſed as doubtful whether fit to remain as ſtanding Lawes, are therefore limited to a certain Time, and after which to expire and ceaſe. The ſevere Act of 35 Eliz. which in the Proceſs of it reached mens lives when firſt paſſed, was to remain a Law but to the end of the next Seſſion of Parliament: which in regard of ſome doubt (it ſeems) whether in force or not, is declared by this preſent Parliament to be ſo, and that it ought to be put in due execution. And now at this time there is a Miniſter of the Goſpel under the Sentence of that Act, and for tranſgreſſing that Law had loſt his life, had not His Majeſty interpoſed by his Prerogative. A wiſe Stateſman once adviſed and expreſſed himſelf thus: I ask why the Civil State ſhould be purged and reſtored with good and wholſom Lawes made in every 30 or 40 years in Parliament, providing Remedies as faſt as time breedeth Miſchiefs, and comrariwiſe the Eccleſiaſtical State ſhould ſtill continue upon the dreggs of time, and receive no alteration. Now for theſe many years we have heard of no offers of Bills in Parliament, is it becauſe there is nothing amiſs? [Sir Fr. Bacon.]
2. In that all Proceedings in Eccleſiaſtical Courts are ever to the utmoſt rigour and letter of their Canons and Orders. There is no Chancery or Court of Equity to appeal to for redreſs, but in ſome few Caſes; as in cauſes Teſtamentary, Matrimony, Divorces, &c. ſpecified 24 H. 8. Matters wherein our Eſtates are touched; but in matters of Conformity, and ſuch Caſes wherein our Conſciences are concerned, we are left deſtitute.
3. Men are upon this peculiar diſadvantage in theſe ſpiritual Courts who are impeached for Non-Conformity to their Canons and Orders, in that their Adverſaries and thoſe that are Parties for the moſt part are their Judges. This Sir Fr. Bacon in his Conſiderations condemneth as a great Injuſtice. So that it is evident conſidering the Nature of Eccleſiaſtical Conſtitutions, and how managed with us in this Nation; how neceſſary it is that ſome Power be placed ſomewhere, by which we may be relieved when expoſed more than others to ſuch extremity of rigour. For otherwiſe as Conſcientious men are more diſpoſed to doubts and ſcruples in the way of duty in this kind, ſo to leſs Mercy and Indulgence from our Superiors.