The English concord in ansvver to Becane's English iarre: together with a reply to Becan's Examen of the English Concord. By Richard Harris, Dr. in Diuinitie.

❧ Becans Iarre. (Book 5)

V. Question. Whether the Kings Primacy do consist in any Power, or Iurisdiction Ecclesiasticall? (Book 5)

HEERE now, is there a great Iaure and debate a∣mongst our English Aduersaries: nor can the same be easily vnderstood, vnlesse it be first well distin∣guished. Ecclesiasticall Power is threefold as the Diuines doe teach. One of Order; another of interiour Iuris∣diction; the third of exteriour Inrisdiction. To the first belongeth to effect or consecrate, and to administer Sacraments: to the se∣cond to gouerne the Church in the interiour Court, or Court of Conscience; and to the third, belongeth to gouerne the Church in the exteriour Court. Now certaine it is, that the King hath not the Power of Order, by reason of his Primacy. For this dooth M. Tooker confesse page 14. vvhere he saith: Re∣ges non ha∣bent potellatem administrandi Sacramenta. Kings haue not

power to administer Sacraments. It is also certaine that be hath not Iurisdiction of the interiour Court, or Court of Conscience. For this in like manner doth M. Tooker confesse pag. 63. Om∣nis jurisdictio (saith be) in foro interiori Sacerdotum est, nulla Regum. All Iurisdiction in the interiour Court (or Court of Conscience) belongeth to Priests, not ance vvaie to Kings, &c.

2. All the question then is, whether the King hath Iuris∣diction Ecclesiasticall in the exteriour Court or no? About this point are the Englishmen at a great iarre and variance amongst themselues: some affirming it, some denying it, others distin∣gnishing. M. Tooker affirmeth it pag. 305. in these words: Qui habet plenissimam & amplissiman iurisdiction••min foro exteriore, potest candem dare & auferre. Rex eam ha∣bet. Ergo potest eandem dare & auferre. Totum hoc liquet ex V. & N. Testamento. Hee that bath most full and ample Iurisdiction in the exteriour Court, can giue and take away the same (at his pleasure.) But the King hath this Iurisdiction. Ergo, he can giue and take away the same. All this is manifest out of the old and new Testament &c. With him agreeth also M. Salclebridge pag. 140. Regesoleo sacro vncti, capaces sunt Iurisdictionis spiritualis. Kings (saith be) anointed with holy oyle, are made capable of spiritual Iurisdictiō &c. And then again in the same place out of the Lawes of Eng. Rex (saith be) est persona mixta, vtpote qui Ecclesiasticā & temporalē iu∣risdictionē habet, & quidē Supremá. The king is a person mixt, to wit, that hath both Iurisdiction Ecclesiasticall and Temporall, & that in the highest degree &c. And yet more p. 144. Perleges Ecclesiasticas in hoc Regno approbatas, vnus Sacerdos duo beneficia habere non potest, nec Bastardus Sactis initiari. Verùm Rex, Ecclesiastica potestate & iurisdictione, quam habet, in vtroque, dispensate potest. By the Ecclesiasticall Lawes approned in this Kingdom (of England) one Priest may not have two Benefices, nor a Bastard be made a Priest. But the King, by the Iurisdiction And Power Ecclesiasticall, which hee hath, can dispense in both &c.

3. M. Tompson, and M. Burhill doe absolutely deny

it: M. Thomson, pag. 80. of his booke writing thus: Primatus Ecclesiae non est definiendus per iurisdictionem Ecclesiasti∣cam, sed per gubernationem supremam. The Primacie of the Church, is not to be defined by Iurisdiction Ecclesisstical, but by supreme Gouernmēt, &c. And againe, pag 95. Diximus, Re∣gem gubernare quidem Ecclesiastica, sed non Ecclesiasticè. Wee haue said before, that the King indeed doth gouerne Ecclesi∣asticall things, but not Ecclesiastically. And why I pray you? Be∣cause, for sooth, be hath not Iurisdiction Ecclesiatically, but onoly Temporall. And heerounto agreath Must. Buchill, pag. 234. granting this negatine proposition. Rex (saith he) nullam ha∣bet Iurisdictionem Ecclesiasticam, nec in foro interiori, nec inexteriori. The King hath no Iurisdiction Ecclesiasticall, nei∣ther in the interiour, nor exteriour Court, &c.

4. Now my Lord of Ely, hee distinguisheth in this case, as may be seene in M. Tookers Booke, pag. 305. in these vvords: Habet Rex omnem iurisdictionem spiritualem, in foro ex∣terioti, exceptis quibusdam Censuris. The King hath all in∣risaction spirituall in the extoriour Court, except is certain Con∣sures, &c. So as now to this question (to weet vvhether the King, as hee is Primate and Head of the Church, haue any Iurisdiction Ecclesiasticall or spirituall in the exteriour Court,) we must an∣••were thus: First with M. Tooker, and M. Salclebridge, That he hath most ample, most full, and supreme Iurisdiction. Secondly, with my Lord of Ely, That he hath indeed some, but notall. And lastly, with M. Burhill, and M. Thomson, That hee hath none, no not any one iote at all.

English Concord.* 1.1

THese are the very expresse words of the law of England, which is now in force.* 1.2

That Ec∣clesiasticall Iurisdiction, vvhich was exercised heeretofore, or lawfully might be exercised, by any spiri∣tual

or Ecclesiasticall power, to visit the Ecclesiasticall state & order, also to reforme, & to bring into order, and to correct Ecclesiasticall persons, all errours, heresies, schismes, &c. is for euer vnited, and annexed to the im∣periall Crowne of this kingdome: vvhereby the King of England, through his full power, by his Letters Patents, may assigne & authorise such persons being naturall borne subiects, as he shall think meet, to exercise & execute vn∣der his Highnes, all manner of Iurisdictions, priuiledges, and preheminences, in any wise touching or concerning any spirituall or Ecclesiasticall Iurisdiction, within his High∣nesse Dominions.

Now all Protestant English Writers, in the Oath of Supremacy which they haue takē,* 1.3

haue openly testified, & in their conscience declared, that they will with all their power, ayde & defend all Iurisdictions, Priuiledges, and prehemi••e••ces vnited and annexed to the Crowne of this kingdom.

Wherefore, all plainly agree in the thing it self. But that, which the Iawes of Engl. call Ecclesiasticall Iurisdiction, & define to be the supreme Gouernmet in all Ecclesiasticall things, & ouer all Ecclesiasticall persons, M. Thomson would rather call, Supreme Gouernment.

The R:* 1.4 Bishop touching this matter writeth thus:

This I vrge, that the Iurisdictiō which Abbesses haue with you, is ordinary spirituall Iurisdictiō. For the Abbat hath ordinary: & in her administration, the Abbess is equalled with the Abbat. And what should let it? Because they can∣not exercise censures, excōmunicate? But excōmunication doth not directly belong to the key of order.* 1.5 Aquinas as∣serteth this; Excommunication is no act of the key direct∣ly, but rather of the externall court. And it is a common o∣pinion with you, that he that hath not the key of order, may

excommunicate. Those things which are of order, and the inner court, are denied to women: but things belonging to the outward court, are cōmunicated to Layiks: & of those things there is no reason but that women may be capable; As Stepha. d'Aluin doth stiffly argue for his Abbesses, and therein takes our part: the Sorbon approuing his opi∣nion therein (Although we ascribe not to our King power of Censure) and therein you giue much more to your Ab∣besses, then we to our Prince.

Ma. Burhill demes the King to haue any Iurisdiction in the outward court, to weet, Sacerdotall.

So the King of England hath all Ecclesiasticall Iuris∣diction, that is, Supreme and Regall (wherof onely our controuersie is): but no Sacerdotall, no, none at all; and yet without any Iarre whatsoeuer.

But oh Becane, can you without blushing (if there be but a graine of pudency in you) obstinatly detract frō most religious Kings all supreme Iurisdiction, proper∣ly Regall, when women (of whom S^t. Paul, 1. Tim. 2. v. 12. I permit not a woman to vse authority ouer the man) with you, are capable,* 1.6 and partakers of Spirituall Iu∣risdiction, Sacerdotall, or Episcopall? viz. Of power to ex∣cōmunicate Clerks, to absolue, to visit, to institute, to present to Benefices, Prelatures, & dignities Ecclesiasticall: yea of hauing all administration as wel spirituall as temporall, but only of those things of order, wherof a woman is incapable.

Lastly, al those things which Salobrigiensis doth heer recite, touching Kings anointed with sacred oyle, &c. Mixt persons, &c. which may dispense against lawes Ecclesiasti∣call, are transcribed out of the expresse words of the common lawes of England: which, in this kind of ar∣gument, might haue satisfied to the full.

Notes

• * 1.1

  Pag. 38
• * 1.2

  Star. 1. El∣zab.
• * 1.3

  Lorament. Primat. in Apol. Reg. pag. 56.
• * 1.4

  Tortur. Tort. p. 151
• * 1.5

  In 4. Sentē. Dist. 18. q. 2. art. 2.
• * 1.6

  Fran. Steph. D' Aluin de Potestat. E∣pisc. Abbatú Abbatiss. ca. 2.3. 4.11. &c.