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Exception of the real fpiritual commiffion of Chrift

to his minifters.

of the civil power and authority, which by the laws of the land were annexed to the

Sacred office. As the civil jurisdiction, that is granted to the bishops courts, to the bishops themselves, as lords of parliament, &c. to the civil penalties, which follow their excommunication, and the legal protection to their ordinations, and other acts of their office. And these are derived onely and folely from the king. Nothing of this was granted to the apostles, or the bishops their fucceffors by Christ. And as the ftate granted thefe, they may recall them, if there be fufficient reafon for it.

"That in that very commiffion before mentioned, which was given to Cranmer for his bishoprick, there is an exception, per & ultra ea, que tibi ex facris literis divinitus commiffa effe dignofcuntur; (i. e.) over and above those powers and authorities, which the boly fcriptures do teftifie are given to thee by God. These the king did not take upon him to grant. But only what was over and above thefe, that is, the protection and civil privileges granted by the state, which were annexed to fortify and encourage thefe. And take notice, that that of which the king is here called the head and fountain, is omnium magiftratuum, of all the magistracy within his dominions, as

well

well ecclefiaftical as temporal. There is a civil magiftracy annexed by the laws to the ecclefiaftical jurifdiction. And of this only ought thefe expreffions to be meant; because we fee the other, the spiritual authority, which in holy fcripture is granted to the church, is exprefsly excepted. And that ecclefiaftical authority, which in this commiffion is faid to flow from the king, is, juris dicendi authoritas, & quæcunque ad forum ecclefiafticum pertinent. That is, the epifcopal jurifdiction, confidered as a forum, a court established by the fecular power, and part of the laws of the land.

"That in the faid Hift. of the Reformation, part I. in the addenda, n. v. p. 321, there is a declaration made of the function and divine inftitution of bishops and priests, fubfcribed by the lord Cromwell, then vicegerent to king H. VIII. in ecclefiaftical matters, by archbishop Cranmer, with the archbishop of York, eleven other bishops, and twenty divines and Canonifts, declaring that the power of the keys, and other church functions, is formally distinct from the civil power, &c. And ibid. Collect, Rec. n. x. p. 177. There is the judgment of eight bishops concerning the king's fupremacy, whereof Cranmer the first afferting, that the commiffion, which Chrift gave his church had no respect to kings or princes power; but that the church had it by the word of God, to

which

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No Spiritual minifterial power

ia queen Eliz.

given by the act.

which chriftian princes acknowledge themfelves fubject. They deny, that the commiffion Chrift gave to his church did extend to civil power over kings and princes. And they own, that the civil power was over bishops and priests, as well as other fubjects, that is, in civil matters; but they affert, that bishops and priests have the charge of fouls, are the meffengers of Christ to teach the truth of his gospel, and to loofe and bind fin, &c.; as Chrift was the messenger of his Father, which fure was independent of all kings and powers upon earth."

The act of parliament, by which the fpiritual or ecclefiaftical fupremacy was reinvefted in queen Elizabeth, does not express to give to the queen that plenitude of real spiritual power, which had ever been exercised - in this or any other nation by the ministers of the gospel, but fuch power only, as had been exercised within this realm in matters evidently comprized in or arifing out of the civil establishment of religion. The act contains not a word of the power of preaching, teaching, adminiftering the facraments, or chaftifing by Spiritual cenfures or excommunication; and to thefe inftances alone are confined the true fpiritual weapons, power, authority, or jurifdiction, by which the minifters of God carry on the work of their

divine miffion. *«And that alfo it may
likewife please your highnefs, that it may
be established and enacted by the authority
aforefaid, that † fuch jurifdiction, privileges,
t
fuperiorities, and preheminencies, fpiritual and
ecclefiaftical, as by any fpiritual or eccle-
fiaftical power or authority bath heretofore
been, or may lawfully be exercifed or used for
the vifitation of the ecclefiaftical state and
perfons, and for reformation, order, and cor-
rection of the fame, and of all manner of
errors, herefies, schisms, abuses, offences, con-
tempts, and enormities, fhall for ever by au-
thority of this prefent parliament be united
and annexed to the imperial crown of this
realm.".

I prefume not to enter into a theological investigation of the fpiritual rights and prerogatives of the clergy in their different degrees, from the archbishop to the curate, but

1 Eliz. c. 1. fect. xvii.

+ Particular attention is to be paid to these words of reference, which import not to give any abfolute Spiritual or ecclefiaftical jurifdiction, authority, or power, but fuch only as had been before, or lawfully might be exercised or used. The effect therefore of this ftatute can only be ascertained by confidering, firft how far the kings of England were the heads of the civil establishment of religion; and secondly how far lay perfons are capable of real spiritual jurisdiction.

only

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The authority of parliament

conclufive in all

only to discuss, as a lawyer, the right, power, authority, or prerogative tranferred, annexed, or confirmed unto, or revived, vested, or acknowledged in the perfon of our fovereign, by different acts of parliament now in force. In this light only I wish, or rather claim a right to be judged; for if in handling these fublime fubjects, I have in any instance misreprefented or miftated the theological and real principles of the divines of any church or religion whatsoever, I profefs to speak under correction, and openly disavow any intention of miftating, mifreprefenting, or controverting their refpective doctrines. In treating the connection of the church with the state, the incorporation of a religious estabFishment in the conftitution and the adoption of certain political principles by dif ferent religious focieties and congregations, I have endeavoured, and fhall continue to endeavour, ftudioufly to avoid entering into the internal evidence or merits of the different religious doctrines, which I shall have occafion to mention, or refer to in the course of this work.

After what I have already faid, I hope it will be thought useless to adduce arguments rifdiction over, to prove, that every act of parliament is tradict not the binding and conclufive upon each individual

that it has ju

provided it con

law of God,

of

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