Sir Edward Coke most curiously labours Sir Edward Coke's idea of the fpiritual caElizabeth. pacity of queen to prove, that whatever spiritual jurifdiction, right, 'power, or authority, either by ufurpation or right, was admitted or pretended to be exercised by the popes of Rome within this nation, was vefted in equal plenitude in her majesty queen Elizabeth; alledges amongst many other, this very fingular reason. Reges facro cleo uniti, funt fpiritualis jurifductionis capaces; kings, being anointed with the facred oil, are capable of fpiritual jurisdiction." I am furprised, that the fertile and diffused genius of Sir E. Coke has not enlarged upon this fpiritualizing unction of his queen. In another part of his works, however, he recurs to a more folid ground for the temporal or civil powers interfering with the effects of ecclefiaftical excommunication; for taking notice, that by the 25 Edward I. (c. iv.) the archbishops and bishops were directed to pronounce fentence of excommunication against all those, that by word, deed, or council, should do contrary to the thereby confirmed charters, or that in any point fhould break or undo them, says, very confiftently and truly, †" This excom- Whatever ex communication produces a civil effect fubject to the power of parliament. munication the prelates could not pronounce without warrant by authority of parliament, because it concerned temporal causes." And I beg leave to add, upon the fame principle, that no fentence of excommunication that does produce a civil or temporal effect can be paffed, or receive any force in this country, but by the authority or permiffion of parliament. Upon this principle alfo, by one of the laws or conftitutions of Clarendon, was the king's, or in his abfence his judge's confent, made a previous requifite, before any bishop could excommunicate a tenant of the king holding in capite; because as the municipal civil law of this country annexed certain civil penal and difabling effects to fuch an excommunication, fo as to exclude the excommunicated perfon from the civil community, it was effentially neceffary, that the community fhould be confenting to the lofs of its own member; and then volenti non fit injuria; he who confents is not injured. It may not be unacceptable to fome of my readers, if I defcribe what a real fpiritual court is, that by the comparison of it with thofe courts, that have improperly obtained the appellation of fpiritual courts both in this nation and elsewhere, their difference may Spiritual ordi- be more clearly ascertained. I write only for fuch perfons as admit, that the fpiritual ordi nation neceffary for the miniftery of the gofpel. nation nation of priests can alone qualify them for the miniftry of the gofpel, and entitle them to that fpiritual power and jurifdiction, which are requifite for their facerdotal functions, and which are not even claimed by the laity*; and I have before said, that the real fpiritual power and jurifdiction left by Christ upon earth, had for their object the advancement of the faithful towards falvation, which could only be pursued by the means of the fpiritual weapons of inftruction, example, and punishment. "This is unexceptionably admitted by all, who believe that chriftianity is a revealed religion." "For that no king nor state can believe any religion, that depends upon their authority; because then they must know, that the original of it is not divine. At least, they can never believe Christianity a christianity, which only is a revealed religion. gion, and therefore muft come directly from heaven. And that, if they believe Chrift did institute a church upon earth, and gave I believe few of our countrymen (except quakers, baptifts, and independents) hold at prefent with Luther, that all people are priests, and capable of all fpiritual functions, both men and women. Vid. Luther. de Abrog Miffa, de cap. Bab. + Cafe of the Regale and the Pontifical. p. 122. revealed reli her What a real spiritual court is. her any commiffion, they must believe fuch commiffion to be divine; which they cannot believe, if they think it in their power to limit it at their pleasure, and make it dependent upon them. They cannot think, that Chrift gave any fuch ffiritual commiffion, unless they believe it to be fuperior to them in fpirituals." A real fpiritual court then must confift of such persons only, as are within this fpiritual commiffion, in right and by virtue of which they fit, judge, or determine. Such a court can only have for objects of its decifions, the faith, morals, inftructions, and punishment of thofe, who fubmit voluntarily to the authority and jurisdiction of the court, or rather, who profefs the religion, upon the principles of which the court is established; for St. Paul, fpeaking of the idolatrous gentiles of his time, who did not fubmit to or profess the christian religion, and writing thereupon to the lay Corinthians, who had embraced christianity, fays, For what have I to do to judge them also that are without? Do not you judge them that are within. But them that are without, God judgeth." And the only punishment, by which they can en 1 Cor. v. ver. 12, 13. force force their decifions, is the purely spiritual punishment of what I call spiritual excommunication, or delivery over to Satan, or deprivation of the communion of the faithful in the participation of the fpiritual rites of the church. Such courts are what the Roman catholics call their ecumenical councils ; they confift of bishops, who fit as judges affifted by priests as their theologians from all catholic countries; they are bounden to act independently, and without the controul or influence of any civil power whatsoever. When they pronounce and decide upon any point of faith and morals, their decifions are pofitively binding and conclufive upon all those, that are within their jurisdiction, and they are usually enforced by the denunciation of anathema against thofe, who shall deny or refift them. But when they direct, recommend, or enjoin matter of ecclefiaftical difcipline, they know, that their judgments or decrees can only obtain force and take effect by the confent of the civil power of different states, and therefore they enforce them not by anathema; other means they have not. Thus it is notorious, that the difcipline of the council of Trent was never admitted by France, and fome other Roman catholic ftates of Europe; and in those ftates, S |