The Kings Authority in Dispensing with Ecclesiastical Laws, 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 Ballance is placed; which is that we ſhall inſist upon in the next place.
SECT. 1.
THIS Prerogative or Power, to Diſpenſe and Exempt from Eccleſiaſtical Laws, is in the Soveraign; for the Confirmation whereof, not to inſiſt on what was acknowledged by Pope Eleutherius touching Lucius our firſt Chriſtian King, that he was Vicarius Dei in Regno ſuo, in reference to Matters to be reformed; or is mentioned touching the Laws and Practice of King Edgar, and Edward the Confeſſor named the Firſt; Meae ſolicitudinis eſt quieti eorum conſulare, de quorum moribus ſpectat ad nos examen. And of the other (from whom it is ſaid much of our Law is derived) that deſcribing the King's Office, he ſaith; Rex ad hoc eſt conſtitutus ut Regnum terrenum, Populum Dei & Eccleſiam regat, & ab injuriis defendat, & maleficos ab eâ evallat, deſtruat, & penitus deſperdat, and much of like nature that might be urg'd from Antiquity. But to come nearer Home.
The Teſtimonies of the Clergy in Convocation, the Repreſentative Church of England, who make it ſo great a Duty to acknowledg it, as they have expreſſed their Severity thus; Whoſoevor ſhall affirm the King's Majeſty hath not the ſame Authority in Cauſe Eccleſiaſtical, as the pious Princes of the Jews, and the Chriſtian Emperors obtained, &c. let him be Excommunicated, ipſo facto, and not to be abſolved but by the Arch-biſhop of Canterbury. (Canons of the Convocation, 1603.)
2. I ſhall join with this Teſtimony, that of another Synod or Council, namely, that met in the Star Chamber, (a.Jac.) made up of all the Judges and Perſons learned in the Law, ſummoned by King James for Reſolution in ſome Eccleſiaſtical Cauſes, whereof this of his Majeſty's Prerogative was one; their Reſolution you have in theſe words; The King may, without the Parliament, make Orders and Conſtitutions for the Government of the Clergy, and puniſh thoſe that diſobey or refuſe to ſubmit. And this, with other Reſolutions in Eccleſiaſtical Matters, were ordered 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, and there hath been no matter or thing ſo Sacred, and of ſuch Concernment in theſe Affairs ordered by Parliament, but the like, and of as great importance by the King alone, with advice of his Council, Inſtances whereof you have many.
1. In general; The whole Syſtem and Body of Eccleſiaſtical Laws and Canons are publiſhed by the Synods of the Clergy from time to time: Theſe Laws have no Parliament Sanction, or dependance upon Authority thence derived an their Conſtitution. Nor yet have theſe Canons their Authority from the Synod or Clergy met in Convocation; for Canons concluded by the Province of Canterbury only, cannot oblige the Clergy of the Province of York, having no Repreſentatives or Clerks ſitting in that Synod; ſuch was the Synod or Convocation met Anno 1584, 1597, 1603, and yet obliged to Subjection, the Arch-Biſhop and Clergy of the Province of York as well as thoſe of 1640: where were the Repreſentatives of both Provinces? It's therefore the Regal Authority expreſs'd in the Letters Patents affixed to theſe Canons, that gives them their chief Power, and are therefore termed Regiae Leges Eccleſiae: And whatſoever Cannons or Laws publiſhed by Convocation would have been of the ſame Force and Efficacy to oblige the Subject, if only by the King with the Advice of his Council.
2. In particular; The ſeveral Injunctions, Advertiſements, Declarations and other Edicts and Requirements from Sovereign Power by his Majeſties Predeceſſors, you have in the Injunction of Edward 6.1547, and Queen Elizabeth 1559, with Articles of Viſitation thereunto adjoyned. They licenſe Miniſters to preach, and ſuſpend alſo from preaching. There were Articles in the Time of Edward 6. for eſtabliſhing an Agreement in Religion, and the rooting out Diſcords in Opinion 1552, and by Queen Elizabeth 1562. Alſo Edw. 6. eſtabliſhed a Liturgy, or publick Form of Prayer, to be uſed throughout the Kingdom 1547, 30 Eliz. after there had been an uniform Order of Divine Service, and to be uſed only in the Engliſh Tongue, eſtabliſhed by Parliament as the only Form, and no other, or otherwiſe: the Queen Anno 1560, by her Sole Authority publiſhed a different Form for Funerals, with Liberty to ſay it in the Latin Tongue, with a Non obſtante in reſpect to the former Eſtabliſhment.
There were alſo Sermons or Homilies, a part of Divine Service, required to be read by the Miniſter, which being a matter of Eccleſiaſtical Cogniſance, were appointed by Edward 6, and Queen Elizabeth, and not by Authority in Parliament.
4. King James by his Sole Power, without Authority of Parliament, giveth out Directions for Preachers under Penalty of Suſpenſion, ab officio & beneficio, wherein many great and neceſſary Goſpel-Truths are forbidden to be preached by any under the Degree of a Biſhop or Dean. Some Truths may not be preached by way of poſitive Doctrine, but only by way of Uſe and Application; no Sermons in the After-noon throughout the Kingdom to be preached from any Text, but what is taken out of the Catechiſm, Lord's Prayer, Creed, or ten Commandments.
He gives Faculties, and confirms a new Body of Lecturers, or Preachers, throughout England, that be neither Parſons, Vicars, nor Curats.
Theſe Inſtances, though not expreſs'd of what theſe Powers have diſpenſed with or indulged; yet are pertinent upon this Account: What Sovereign Power thus put forth in Conſtitutions, Injunctions, Directions, &c. in Eccleſiaſtical Matters, may in like proportion be exerted in Exemptions, Diſpenſations, &c. As with Parliament, and other Councils veſted with Authority, the Power to repeal Laws and Statutes is as large as that Power by which they enact and eſtabliſh Laws: For example, if King James (which is our laſt Inſtance) might by his Prerogative confirm and eſtabliſh a new Order of the Clergy, he may by the ſame Power diſpenſe with and licenſe ſuch Preachers as now ſeem and are reputed ſo to be. And it follows alſo, if his Power will extend to indulge ſuch Preachers, it will not prove ſhort in reſpect to Hearers, that are as it were new in the way of their Aſſemblies, and indulge ſuch as are not of the ancient Order of the Parochial Congregation of England.
SECT. 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 burdenſom to Mens Conſciences from Parliamentary or Epiſcopal Impoſitions.
1. That of Edw. 6. in the fourth Year of his Reign, certain Proteſtants removing themſelves and Families out of Popiſh Countries into England for their Conſciences Sake, and being not free to ſubmit to the Form 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 (as we ſhall ſay more to 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 the Statute, and ſtrictly requires all Biſhops and Majors, &c. to ſuffer them quietly to enjoy their Conſciences.
2. Another Inſtance you have of the ſame good King; John 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 run into, and be in any manner of way, by omitting of the ſame; and theſe our Letters (faith the King) ſhall be your ſufficient Warrant and Diſcharge therefore.
3. The Inſtance you have alſo in what was done by Queen Elizabeth for relief of tender Conſciences, namely, her Majeſty being informed that in certain Places of this Realm, ſundry of Her Subjects called to the Miniſtry, being induced by ſiniſter Perſuaſions, are ſcrupled about the Form of an Oath, which by an Act of the laſt Parliament was preſcribed to be taken according to the Form expreſſed in the Act, under Penalty of being diſenabled to bear any Office in State or Church. Her Majeſty was graciouſly pleaſed to aſſume 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 Parliament-Form, ſhould accept it in this Senſe, and doing ſo, they ſhall notwithſtanding be accepted by her Majeſty as good and obedient Subjects, and acquits them of all manner of Penalties contained in the ſaid Act, againſt ſuch as ſhould refuſe to take 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, although againſt an Act of Parliament, yet was owned (as done by Lawful Authority) and recogniſed by the Parliament 5. Eliz. and her Expoſition 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 though it was a Gravamen to the Biſhop, making an evident Breach upon the Pale of Uniformity; for not only the Parents, but the Children, and Childrens Children which were natural Subjects to his Realm, Perſons of great Eſtate, and Purchaſers of Lands, and intereſſed in the Soil. The Number alſo of theſe Congregations increaſing, and ſcituated in the eminent and chief Towns and Cities in the Kingdom, there to live and profeſs as ſeparated and divided Bodies in Diſcipline and Worſhip from the Church of England, was not intended by the firſt Grant: ſo Biſhop Laud complains (there being only that one in London when the firſt Grant was made) ſuch things were frequently ſuggeſted againſt them, yet theſe Princes were graciouſly diſpoſed notwithſtanding the Act for Uniformity from time to time to confirm the Grant of Edw. 6. by ſeveral. Orders paſt, ſome of them formed as having ſpecial reſpect to ſuch Objections which will not be amiſs, for the Reader's confirmation, here to inſert ſome of them at leaſt.
The Form in which Queen Elizabeth confirmed their Liberties.
Non Ignoramus variis Eccleſiis varias & diverſas jam ab initio Chriſtianae Religionis ſemper fuiſſe Ritus & Ceremonias non contemnimus veſtras, neque nos ad noſtras cogimus.
King James, Octob. 17. 10 Jac. to 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 thereto 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 Council for the Walloons of Norwich, Octob. 10. 1621.
Thoſe of Norwich, though 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 fifty five Years practiſed by them.
The Order of King Charles the Firſt, Novemb. 13. 1631.
We Will and Command our Judges, &c. to permit and ſuffer the ſaid Strangers, and their Children, quietly to enjoy all and ſingular, &c. without any Troubles, Arreſts, or Proceedings, by way of Information, or otherwiſe.
An Order of the Council for the Dutch of Norwich, Jan. 7. 1630.
That all thoſe that now, or hereafter ſhall be Members of the Dutch Congregation, although born within this Kingdom, ſhall continue to be of the ſaid Church, ſo long as his Majeſty ſhall be pleaſed, &c.
Theſe and divers 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 and inſeparable Prerogative, not only to injoin and give Laws to their Subjects in Eccleſiaſtical Matters, (ſuch as are left to the ordering of any Civil Power) as alſo to diſpenſe and exempt from Laws of that kind, though 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 or done by thoſe Kings and Princes in Eccleſiaſtical Affairs, being their known Prerogative; no not in thoſe 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 Eccleſiaſtical Matters, but rather recognizing and confirming what hath been ordered by them, as in 5 Eliz. and Car. 2. in the Act of Uniformity; and other Inſtances many may be produced.