Ecclesiastical Laws and Supremacy of the Kings of England, Chapter 3
CHAP. III. That our relief is from the Juriſdiction and Power in His Majesty to Diſpenſe and Exempt; for in his hand this balance is placed, which is that we ſhall inſist upon in the next place.
1. THis Prerogative and Power to exempt from Eccleſiaſtical Lawes is in the Soveraign: for the confirming whereof, not to inſiſt upon what was acknowledged by Eleutherius touching Lucius our firſt Chriſtian King, that he was Vicarius Dei in regno ſuo, in reference to matters to be reformed; or what is mentioned concerning the Lawes and Practice of King Edgar, and Edw. the Confeſſor, namely of the firſt meae ſolicitudinis quieti eorum conſulere de quorum moribus ſpectat ad nos examen, and of the other from whom it's ſaid much of our Lawes is derived, in deſcribing the King's office, he ſaith, Rex ad hoc eſt conſtitutus ut regnum terrenum, Populum Dei & Eccleſiam regat, ab injuriis defendat & maleficos ab ea evellat, deſtruat & penitùs diſperdat: and much of the like nature that might be urged from Antiquity; but to come nearer home, I bring the Teſtimony of the Clergy in Convocation, or the repreſentative Church of England, who make it ſo great a Duty to acknowledge this as they have expreſſed their ſeverity thus. Whoſoever ſhall affirm the King's Majeſty hath not the ſame Authority in Cauſes Eccleſiaſtical, as the pious Princes of the Jews and the Chriſtian Emperors obtained, let him be excommunicated ipſo facto, and not to be abſolved but by the Arch-Biſhop of Canterbury. Canons of the Convocation, 1603.
I ſhall joyn with this Teſtimony that of another Councel (namely that met in the Star-Chamber, 2 Jac.) made up of all the Judges and Perſons learned in the Law ſummoned by King James for reſolution in ſome Eccleſiaſtical Caſes, whereof this of His Majeſty's Prerogative was one; their reſolution you have in theſe words. The King without the Parliament may make Orders and Conſtitutions for the Government of the Clergy, and puniſh thoſe that diſobey and refuſe to ſubmit, and this their reſolution was ordered to to be regiſtred and Recorded in the ſeveral Courts of Juſtice.
3. And from time to time the Kings and Queens of England have aſſumed and exerciſed this Power.
1. In general, the whole body and ſyſteme of Eceleſiaſtical Lawes and Canons are publiſhed by the Synod of the Clergy from time to time without any particular Parliamentary Sanction: And yet have not theſe Canons their Authority from the Synod or Clergy met in Convocation. For Canons concluded by the Province of Canterbury only, cannot (as ſuch) oblige the Clergy of the Province of York, who had no Repreſentatives or Clerks ſitting in that Synod or Convocation that met Anno 1584. 1597. and 1603. and yet its Canons obliged to ſubjection the Archbiſhop and Clergy of York, as well as thoſe of 1640. where were the Repreſentatives of both Provinces. It is therefore the ROYAL authority expreſſed in the Letters Patents affixed to theſe Canons that gives them Power, and they are therefore termed Regiae leges Eccleſiaſticae.
2. Inſtances may be produced of ſeveral Injunctions, Advertiſements, Declarations, and other Edicts and Requirements from Sovereign Power by His Majeſty's Predeceſſors.
You have the Injunctions of Edw. 6. 1547. and Queen Eliz. 1559. with Articles of Viſitation thereunto adjoyned. They licenſe Miniſters to Preach, ſuſpend alſo from Preaching.
Edw. 6. alſo eſtabliſhed a Liturgy or publick form of Prayer to be uſed throughout the Kingdom.
King James likewiſe gives faculties, confirms a new body of Lecturers throughout England, Preachers that were neither Vicars, Parſons, nor Curates.
Theſe Inſtances altho not expreſs of what theſe Powers have diſpenſed with or indulged, yet are pertinent upon this account. What Sovereign Power is thus put forth in Conſtitutions, Injunctions, and Directions, &c. in Eccleſiaſtical Matters, may in like Proportions be exemplify'd in Exemptions, Diſpenſations, &c. as with Parliaments and other Councels veſted with Authority the Power to repeal Lawes and Statutes is as large as that Power by which they Enact and Eſtabliſh them. For Example, King James might by his Prerogative confirm and eſtabliſh a new order of the Clergy, which was our laſt inſtance; he might by the ſame Power diſpenſe with and licenſe ſuch Preachers which now ſeem and are reputed ſo to be. And it follows alſo if his Power will extend to indulge ſuch perſons, it will not prove ſhort in reſpect to hearers, which are as it were new in the way of their Aſſemblies, and indulge ſuch as are not in the Ancient order of the Parochial Congregations of England.
2. The like Deductions might be drawn from other of thoſe Inſtances. I ſhall notwithſtanding for further confirmation, add other inſtances, and ſuch wherein you have this Power put forth in diſpenſing and exempting from what hath been burthenſom to mens Conſciences by Epiſcocal Impoſitions.
1. That of Edw. 6. In the 4th year of his reign, Certain Proteſtants removing themſelves and Families out of Popiſh Countries into England for the ſake of Conſcience, and being not free to ſubmit to the forms of Worſhip and Diſcipline eſtabliſhed in this Church, this good King by his SOLE Authority granteth them the Liberty of ſuch a Church Government and form of worſhip (whereof we ſhall ſay more in its place) as ſhould be moſt ſuitable to their own Perſwaſion. This being utterly againſt the Proviſion and Settlement NEWLY made by Parliament, He ſtrengthens his Grant by a NON OBSTANTE to the Statute, and ſtrictly requires all Biſhops and Mayors to ſuffer them to enjoy this Liberty of Conſcience.
2. Another inſtance you have of the ſame good King, in Hooper being choſen Biſhop of Glouceſter; and there being certain Rites and Ceremonies eſtabliſhed by Act of Parliament to be Conformed unto in the Conſecration of Biſhops offenſive to his Conſcience, Edw. 6. requires Arch-Biſhop Cranmer to omit theſe Ceremonies, diſcharging him of all manner of Dangers, Penalties and Forfeitures he ſhould be in danger of and run into in any manner of way by omitting of the ſame, and theſe our Letters (ſaith the King) ſhall be your ſufficient Warrant and Diſcharge therefore.
3. The inſtance you have alſo of what was done by Queen Eliz. for relieving Tender Conſciences; namely, Her Majeſty being informed that in certain places in this Realm, ſundry of her Subjects called to the Miniſtry, being induced by ſiniſter Perſwaſions, are ſcrupled about the Form of the Oath, which by an Act of the late Parliament was preſcribed to be taken according to the Form expreſſed in the Act under the Penalty of being diſabled to bear any Office in State or Church: Her Majeſty was graciouſly pleaſed by her Power in Eccleſiaſtical Affairs to give and declare ſuch a ſenſe and conſtruction of the words of this Oath, (expreſſed in other words much different) for their ſatisfaction, with a Gracious Declaration that ſuch Perſons fit for the Miniſtry as could not take the Oath in the Parliaments Form ſhould be accepted to do it in this ſenſe, and doing ſo they ſhould notwithſtanding be accepted of her Majeſty as good and obedient Subjects, and be acquitted of all manner of Penalties contained in the ſaid Act, againſt ſuch as ſhould refuſe the ſame. By which means, many an able man had freedom to exerciſe his Miniſtry, which otherwiſe muſt be laid aſide; which Indulgence of hers altho againſt an ACT of Parliament, yet was owned as done by lawful Authority, and recognized by the Parliament 5 Eliz. and her Execution aſſented to and enacted.
4. This renowned Queen, together with King James and King Charles the Firſt, confirmed the Indulgence and Diſpenſation granted by Edw. 6. to Strangers; yea, although it was a Gravamen to the Biſhops, as making an evident breach upon the Lawes of Ʋniformity: for that 'twas granted not only to the Parents, but to the Children and Childrens Children, which were Natural Subjects to the Realm, Perſons of great Eſtates, and Purchaſers of Lands, and intereſſed in the Soil; the number alſo of theſe Congregations increaſing, and ſituated in the eminent and chief Towns and Cities in the Kingdom, there to live and Profeſs as ſeparated and divided Bodies, a Diſcipline and Worſhip differing from the Church of England, which was not at firſt intended as Biſhop Laud complains, there being onelyonly that one in London when the firſt Grant was made, and ſuch things were frequently ſuggeſted againſt them. Yet theſe Princes were graciouſly diſpoſed (notwithſtanding the Act for Ʋniformity) from time to time to Confirm the Grant of Edward 6th. by ſeveral Orders paſt, ſome of them formed as having ſpecial reſpect to ſuch Objections. And it will not be amiſs for the Reader's Information here to inſert ſome of them at leaſt.
The Form in which Queen Elizabeth confirmed their Liberties.
Non ignoramus variis Eccleſiis varios & diverſos jam ab initio fuiſſe ritus & ceremonias: non contemnimus veſtras, ne que vos ad noſtras cogimus.
King James, Oct. 17. About the Dutch at Colcheſter.
His Majeſty granted their Orders, Liberties, &c. in as large and ample manner to all intents and purpoſes as heretofore they have been uſed, tolerated and allowed unto them, any Proviſion or Juriſdiction to the Contrary thereunto in any wiſe notwithſtanding.
An Order of King James under his Signet, Jan. 13. 1616. on their behalf.
Theſe are therefore to Will and Command all our Courts of Juſtice, and other our loving Subjects to permit and ſuffer the ſaid Strangers and their Children, &c.
The Order of the Councel for the Walloons of Norwich, Oct. 10.1621.
Thoſe of Norwich, tho born in the Kingdom, ſhall continue to be of the ſaid Congregation and ſubject to ſuch Diſcipline as hath been by all the time of 55 years practiſed by them.
The Order of King Charles the Firſt, Nov. 13. 1631.
We Will and Command our Judges to permit and ſuffer the ſaid Strangers and their Children quietly to enjoy all and ſingular, &c. without any Trouble, Arreſts or Proceedings by way of information or otherwiſe.
An Order of Councel for the Dutch of Norwich, Jan. 7. 1630.
That all thoſe that now or hereafter ſhall be Members of the Dutch Congregation, altho born within this Kingdom, ſhall continue to be of the ſaid Church ſo long as his Majeſty ſhall be pleaſed.
Theſe and diverſe the like inſtances might be produced, which ſufficiently evince it as granted on all ſides, and conſtantly ſuppoſed to be according to the conſtitution of this Realm, that our Kings and Princes have Power in and from themſelves, as an inherent inſeparable Prerogative not only to enjoyn and give Lawes to their Subjects in Matters Eccleſiaſtical, (ſuch as are left to the ordering of any Civil Power) but alſo to diſpenſe and exempt from Lawes of that kind, tho eſtabliſhed by them in conjunction with the Authority of Parliament.
Nor do we find that Parliaments at any time have taken into Conſideration what was ordered and done by theſe Kings; and Princes in Eccleſiaſtical Affairs, as being their known Prerogative, no not in the time of King James, who aſſumed the moſt in ſuch managements, nor by any Petitions or Addreſſes to any of thoſe Princes (which is uſual in the concerns of Civil Rights) for limiting or enlarging the exerciſe of their Power in theſe Matters Eccleſiaſtical: but rather recognizing and confirming what hath been ordered by them, as in 5 Eliz. and in Car. 2. in the Act of Ʋniformity, and many other inſtances, might be tendered.