The Kings Authority in Dispensing with Ecclesiastical Laws, Chapter 2
CHAP. II. Of the Prerogatives and Regal Powers, in Relation to Eccleſiaſtical Laws, and Matters of Religion.
SECT. 1.
1. REligion in the moral Parts thereof, 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 farther, but as 1 Cor. 11.23. What I have received of the Lord, that I delivered unto you. To make Laws in Spiritual Matters, that are ſuch by the Light of Nature, that Men may be moved to Duty, and act according to their Light, we yield to the Civil Magiſtrate as he is Cuſtos utriuſque Tabulae.
2. There are Matters of Circumſtance alſo, and external Forms in Worſhip, tending to Order and Decency: Theſe and the like are made by our Laws, to depend upon the Power and Ordering of the Prince. This Diſtinction you have laid down as Law by Judg Hobart; his words are theſe: Tho it be de Jure Divino, that Chriſtian People be provided of Chriſtian Offices and Duties, of Teaching, Adminiſtration of the Sacraments, and the like; and of Paſtors for that purpoſe, and therefore to debar them wholly of it, were expreſly againſt the Law of God; yet the Diſtinction of Pariſhes, and the Form of furniſhing every Pariſh Church with his proper Curat, Rector, or Paſtor, by the way of Preſentation, Inſtitution, &c. as is uſed diverſly in divers Churches; and the State or Title which he hath, or is to have in his Church, or Benefice, is not a poſitive Law of God in point of Circumſtance. And we know well that the Primitive Church in its greateſt Purity, were 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 will 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.
From all this the Judg 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 Man in an orderly way) is neceſſary and Jure Divino, and not in Man's Liberty or Diſpoſe; But for the Modes and Forms of Government, and like Circumſtances, it is left to the wiſdom and choice of Men, and the conduct thereof. So in Matters of Religion, what is not Jure Divino, ſuch external Forms and Rites tending to a more orderly and decent adminiſtration in the Worſhip and Service of God, our Law judgeth the Magiſtrate hath the ordering hereof in each Nation, according to the Manners and Tempers 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 in this Relation, and one to another, by a Parochial Bond or Tye: but injoyed a Chriſtian Liberty, voluntarily to diſpoſe of themſelves under ſuch or ſuch a Miniſtry as they ſhould make choiſe of to themſelves. The Church is ſaid in this State to be in greateſt purity. The Congregational-way therefore is not a way (in this learned Judg's Opinion) of Diſorder and Confuſion, as is frequently ſuggeſted.
2. And that it is in the Power of Supream Majeſty to diſpenſe with a Pariſhioner, as well as with a Paſtor or Rector, in ſuch a Caſe, that is, to remove from his Pariſh to another, for more ſuitable Enjoyments, as for a Rector upon his Majeſty's Diſpenſation, 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 comes under the Manage of humane Wiſdom and Power, are well expreſſed in Queen Elizabeth's Advertiſement. Theſe Orders and Rules enſuing 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 as 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 Vertue of Publick Prayer, and to the Sacraments, but as temporal Orders, meerly Eccleſiaſtical, without any vain Superſtition, and as Rules in ſome part of Diſcipline, concerning Decencies, 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 divers, and may be changed according to the diverſity of Countries and Mens Manners, ſo that nothing be ordained againſt God's Word.
It is granted, that even theſe Eccleſiaſtical Laws ought to be conformable to the Word of God, and to thoſe General Rules (laid down in the Scriptures 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, and not to be the meer inventions of Men.
That diſtinction ſome would make of things againſt, or contrary, and what is according to the Word of God, the one they apply to Matters of Faith, the other to Matters of Order. It 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 the 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 judg, Circa Res Eccleſias de iis ſi Fidei ſint dogmata, Vel ritus et Ceremoniae earum que Veritatem et Equitatem; juxta Verbi Divini normam (Mocket de pol. Eccl. Angl. cap. 3.) And the Power of the King ſtands not in forming new Articles of Faith, or Forms of Religion, ſuch as were Jeroboam's Calves; but in defending and propagating that Faith and Religion, of which God in the Scriptures is the undoubted Author, (ſaith Maſon of Biſhops, lib. 3. 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 what hath been ſo offenſive). For of the retaining Ceremonies, there is this account by them given, Becauſe they appertain to Edification; whereunto all things done in the Church, as the Apoſtle teacheth, ought to be referred. And of our Liturgy, 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 Book). God be thanked (ſaith good King Edward the 6th) we know both what by his Word is meet to be reformed, and have amended, &c.
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 thereof: And what influence the Scriptures, and Authority of God, hath, or ought to have in theſe Rites of the Church, and Matters of Order, as well as in Matters of Faith; for hereby it appears whence it is Mens Conſciences are more concerned in theſe Laws, than in other Municipal Laws of the Nation. And that the not being free to ſubmit to theſe Eccleſiaſtical Laws, when not formed according to God's Word, is no Evidence of that Seditious Spirit that kicks againſt all Laws.
SECT. 2.
There is a neceſſity, and that of much greater importance, Proviſions be made of Diſpenſations, &c. as occaſion ſhall be, in reſpect to Laws Eccleſiaſtical, than in Civil.
In Matters of Religion, and the Worſhip of God:
1. Multitudes there are of looſe and profane Perſons; in reſpect to ſuch, neither are the Laws in themſelves, nor in the execution of them, ſevere enough.
2. Againſt Popiſh Recuſants the Laws have been ſevere enough, yet in the execution great moderation.
3. There are thoſe, and bleſſed be God great Multitudes, who are not only Orthodox in Faith, but of unblamable Life in the greater Things of Law and Goſpel. Theſe are fallen under moſt ſevere Laws, and of late with greateſt ſeverity put in execution, and utterly ruin'd, if there be no means of relaxation: It is in behalf of theſe I argue this Neceſſity, and that 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 Laws of a Nation, as before.
2. Great Difficulty in forming Laws, wherein Mens Conſciences are immediately concern'd, ſo as not to diſſatisfy ſome, if not many.
3. If thoſe Laws be not according to Scripture, in the apprehenſions of thoſe that are to obey, whatſoever they are in themſelves, it is our Sin if we obey; it is 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 Laws, and the Adminiſtration of them) many ways prejudicial to the Subject, there is a neceſſity ſome ſuch proviſion of this kind be found on our behalf.
1. The real Scruples and Doubts about our Obedience in theſe Eccleſiaſtical Matters, cannot but be more and greater than in other Laws. The knowingeſt Man in theſe Things knoweth but in part; and the moſt Men have but a parcel in this part. It is true, the Principles and great Matters of Religion, are in great perſpicuity laid down in the Scriptures, which give knowledg to the Simple, but theſe matter of Circumſtance and external Order, we have for the moſt part in Generals only, and hints from Examples and Cuſtoms of the Apoſtolick Churches; in the interpretation whereof the moſt Learned find Difficulties, and are divided. Now the want of Knowledg is the ground of Scruples and Doubts in our Practice, 1 Cor. 8.7. for the working of Conſcience is from the ultimate Reſolution of our practical Underſtanding. And hence it is that the ſame practice may be not only ſcrupled, but a Sin to one Man which is not to another, upon account of different Apprehenſions; there may be notwithſtanding Integrity and Sincerity in both, and therefore tenderly to be dealt with, as the Apoſtle requires, Rom. 14.
2. A great Difficulty there is to form Eccleſiaſtical Laws (they being to be the ſame where Uniformity is much ſtood upon for a whole Nation) as not to leave grounds of Diſſatiſfaction to many; Mens Apprehenſions being various through the Degrees of Light; inſomuch as that may be Sin to one Man, that 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 eaſy and 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 differs from it ſelf upon further Diſcoveries. A Synod, a Parliament, they may judg ſuch and ſuch Things to be indifferent, that thoſe that are to ſubmit may ſincerely ſcruple and ſtick at as Sin. If Churches and Men, ſavingly enlightned, are thus expoſed to vary in their Apprehenſions, we cannot be confident of any Council or Aſſembly made up of the moſt wiſe and prudent Men. Parliaments are choſen by Vote of the promiſcuous Multitude, with reſpect (we would hope) to their Sufficiency in managing of our Civil and Temporal Concerns, but their Skill and Ability to diſcern and judg of Matters appertaining to Order in the Service and Worſhip of God, all Men have not this Knowledg, 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 that are moſt Conſcientious in that Aſſembly, who are not always the Major part, yet notwithſtanding are engaged in their Conſciences to aſſent and conſent to ſuch Determinations being made, though 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.
3. Again, theſe Matters of Ceremony, and External Order, are ſometimes managed in part with reſpect to a Party different in their Apprehenſions, and thereupon form thoſe Laws, with reſpect to Prudence as well as Conſcience. In our firſt Reformation, it is ſaid, ſuch Superſtitions are taken away, as 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 Worceſter) elſe the Book would not have paſſed the Houſe, (Conference at Hampton Court). King James was once willing, that ſome Ceremonies giving Offence ſhould be removed; but the Parliament then ſitting thought it not prudent. And our Gracious King would have done a greater 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 the Houſe, as they expreſſed in their Anſwer; without whoſe Concurrence his Majeſty thought not fit then to do it.
4. From miſtaken Principles: As that there can be no Unity without Uniformity; there can be no Diſcipline in a Church, without ſome Ceremonies of Humane Inſtitution. Things indifferent become neceſſary in Worſhip, being impoſed by Authority; what Things in matters of Order are once eſtabliſhed, and ſometimes 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 Laws have made proviſion that the Church ſhall not in their Laws and Canons, order any Thing againſt Prerogative of the King, or the Laws and Statutes of this Realm in general, and that ſuch Canons ſhall not be in force, (25 H. 8.19.) So likewiſe Laws and Statutes in Eccleſiaſtical Affairs, eſtabliſhed by the Civil Power, if they be found to derogate from the Prerogative of Chriſt Jeſus, or the Laws and Inſtitutions of his Kingdom, ought not to be in force upon Mens Conſciences. As Churchmen being ſuppoſed not to be ſo well underſtood in Secular Laws, but may tranſgreſs; ſo may Secular Perſons likewiſe, in their ordering about Church Affairs: There is therefore the like neceſſity of a Power to review, judg, and diſpenſe with ſuch Laws 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 thirty two Perſons, eight 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. Thoſe Kings might have done the like, in reſpect to thoſe Canons and Eccleſiaſtical Laws enacted in Parliament, if they be found to derogate from Chriſt or his Inſtitutions, or juſtly offenſive to the Peaceable and Godly, that Diſpenſations might be granted for the preſent, until farther Reformation be obtained.
SECT. 3.
The Municipal Laws of a Nation, are from and conformed to the Principles of Right Reaſon and Common Juſtice only; and we have ſubmitted our ſelves to the Reſolutions of thoſe wiſe and prudent Senators we our ſelves have made choice of, to enact and eſtabliſh ſuch Laws for us, and therefore may acquieſce in their Determinations without further inquiry, having given a kind of abſolute pre-conſent to ſuch Laws as ſhall be enacted by them.
But it is not ſo in Eccleſiaſtical Laws entruſted with the ſame Perſons, for as 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 that hath the Notion of Religion, but what is conformable thereunto, he is to live and act by his own Faith. To Laws Eccleſiaſtical therefore made in Parliament, we give only a conditional Conſent, that is, a Conſent to them ſo far as they are agreeable to God's Word, and concur with Goſpel-Rules. Nor is it in the liberty of any Man's Conſcience or Reaſon to yield more, nor is there any more intruſted by us with our Repreſentative, the Parliament. If a Man doth ſcruple the Reaſonableneſs or Equity of a Law concerning Civil Rights, or what's required from it, he may notwithſtanding yield Obedience without Sin; and ought ſo to do, rather than to offend by an appearance of Diſobedience, as Chriſt himſelf did, Matth. 17.26, 27. But in Matters of Religion, even as Circumſtances, Ceremonies, or the leaſt thing wherein the Lord hath concerned his Word; if there be a Doubt or Scruple, whether lawful and conformable to the Scriptures, tho it be from Ignorance or Weakneſs, yet I ſin if I ſubmit, Rom. 14.1. compared with 23.
The Conſequence of Tranſgreſſion in this kind, is more than loſs of Eſtates, Liberties, yea or of Life it ſelf. If the Laws of Superiors, concerning Civil Rights, 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, without tranſgreſſing any Law of God; nay, it is Vertue, and pleaſing to the Lord, our patience in ſuch ſuffering, 1 Pet. 2.13. with verſes 18, 19. 1 Cor. 6.7. but not ſo in the Matters of Religion, for we have from Chriſt to the contrary, that is, not to ſubject, Col. 2.20. And God blames his People by his Prophets, for wittingly walking after the Commandments, Hoſ. 5.12. and for keeping the Statutes of Omri, Micah 6.16. the Lord is a jealous God.
SECT. 4.
If there be not a Power to Judg and Diſpenſe intruſted in ſome Hands, the People of God are in a worſe condition on theſe Accounts, than in their Civil Intereſt, and that upon a three-fold account.
1. The Secular Laws and Statutes made in the behalf of the Subjects, are often, upon further Deliberation and Experience of Inconveniencies, altered and repealed, whereby the Subjects have eaſe: But Acts of Parliament, wherein Eccleſiaſtical Affairs, and Mens Conſciences are concern'd, are ſeldom or never reviſed or altered, much leſs repealed; no not for the ſpace of an hundred Years can we give an Inſtance hereof. So far are we from repealing Acts made in Eccleſiaſtical Affairs, as is ordinarily in our Civil Matters, that ſome Acts paſſed partly for their Severity, or upon ſome other Account, doubtful whether fit to remain as ſtanding Laws, therefore are limited to a certain Time, after which to expire and ceaſe: the ſevere Act of 35 Eliz. that 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 made whether in Force or not, is declared by the preſent Parliament to be in Force, and 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 Laws made in every three or four Years in Parliament, providing Remedies as faſt as time breedeth Miſchiefs; and contrariwiſe, the Eccleſiaſtical State ſhould ſtill continue upon the Dregs of Time, and receive no Alteration now for theſe many Years? We have heard of no offer 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 of the Letter of their Canons and Orders; there is no Chancery or Court of Equity among them to appeal unto for Redreſs; but in ſome few Caſes (as in Cauſes Teſtimentary, of Matrimony, Divorſes, Tythes, &c. ſpecified, 24 H. 8.12. Matters wherein our Eſtates are touched), But in Matters of Conformity, and ſuch Caſes wherein our Conſciences are moſt concerned, we are left deſtitute.
3. Again, Men are upon this peculiar diſadvantage in theſe Spiritual Courts, who are impeached for Nonconformity to their Canons and Orders, in that their Adverſaries, and thoſe that are Parties, for the moſt part are their Judge; this Sir Fra. Bacon, in his Conſiderations, condemned 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 not be expoſed more than others to ſuch extremity of Rigour; for otherwiſe, as Conſciencious Men are more diſpoſed to Scruples and Doubts in the way of Duty in this kind, ſo to leſs Mercy and Indulgence from our Superiors.