The lawfulnes of the oath of supremacy, and power of the King in ecclesiastical affairs with Queen Elizabeth's admonition, declaring the sence and interpretation of it, confirmed by an act of Parliament, in the 5th year of her reign : together with a vindication of dissenters, proving, that their particular congregations are not inconsistent with the King's supremacy in ecclesiastical affairs : with some account of the nature, constitution, and power of the ecclesiastical courts / by P. Nye ... ; in the epistle to the reader is inserted King James's vindication and explication of the oath of allegiance.

CHAP. II.

What is meant by Persons and things Spiritual or Eccle∣siastical; in the proper, as also in the vulgar use of these Terms.

IF this Expression Spiritual, be interpreted by the Contradi∣stinct Member, Temporal, it seems to direct us, to under∣stand such matters as concern Eternity, for that is the true Op∣posite to what is temporal: 2 Cor. 4.18. The things that are seen are temporal, and the things that are not seen, are eternal: now in strictness of Speech carnal, not temporal, is the opposite Member to spiritual; I could not speak unto you as spiritual Men, but as to carnal; 1 Cor. 3.1. and 1 Cor. 9. If we have sown unto you spi∣ritual

things, is it a great matter if we reap your carnal things? But this is too narrow and strict a Sense. There are matters vulgarly termed Spiritual or Ecclesiastical, being such in Name and Title only, having nothing of a spiritual Nature in them-Such a Distinction of spiritual things you have in a Letter writ∣ten by Henry the 8th to his Clergy, of the Province of York, in the Year 1533, who were offended at his Title of being Su∣pream Head of the Church:

Men (saith he) being here them∣selves earthly and temporal, cannot be Head and Governour to things eternal, nor yet spiritual; taking this word Spiritual not as in the common Speech abused, but as it signifies indeed.

By spiritual things as abused in common Speech, he means what is given to all such Persons and Causes as belong to the Spiritual Court, and are termed by Civilians, causae vel res conten∣tiosae vel judiciales, matters of contest, inter partes, actorem & re∣um, and come to be determined by Sentence of the Judg in those Courts. By those things that are indeed spiritual, is meant res extra judiciales, or non contentiosae; that is, such things as are determined not in a Judicial, or Court-way of Tryal, by Witnesses, Oaths, Interpleadings, Sentences, and the like; but in a more deliberate and synodical way, having the Word of God for Witness and Judg; both in respect of what we do, and what we may do in things of this Nature. Causes Eazle∣siastical (saith Dr. Field) are of two sorts; for some are originally and naturally such, and some only in that they are referred to the Cognizance of Ecclesiastical Persons, as the probat of the Testaments, Matrimony, &c. Those Spiritual Courts being continued; and the same Causes tried in them as before, when this Jurisdiction was usurped; the matters that were then, are still vulgarly re∣puted Spiritual.

Emperors receiving the Christian Faith, honoured the learned and godly Bishops antiently with some Jurisdiction, in the cases of Tythes, Matrimony, Wills and the like; which are termed Ecclesiastical or Spiritual; not from their own Nature, but from the Quality of the Persons who were made Judges of them. They being spiritual Men; the Causes come to be called spiritual Causes (after their Names and Quality) that were set over them. These Causes growing and increasing in after∣times, according as spiritual Persons were able by the Popes assistance, to rifle from Princes; the managing of them re∣quire

more hands, than those to whom first committed, namely the Bishops, and such as were in holy Orders, they therefore took in for Assistants, a great number of others, as Archdeacons, Chan∣cellors, Commssiaries, Officials, &c. and these are denominated Spiritual from those Causes, and their assistance of Bishops in the managing of them: and their Courts, Spiritual Courts.

There are Persons that are truly spiritual, The spiritual Man (saith Paul) judgeth all things, 1 Cor. 2.14. and Gal. 6.1. Ye that are spiritual, &c. That is, such as have Grace and Holiness. He also that hath spiritual Gifts, and in a Gospel-Office or Calling, is a spiritual Person, 1 Cor. 14.37. a Man of God, 2 Tim. 3.17. And there are Matters or Causes that are truly spiritual; as the Law is spiritual, Rom. 7. The Gospel and preaching of it, is a sowing of spiritual things; 1 Cor. 9. the Worship and Ser∣vice of God, and all Gifts and Ordinances of Christ, are spiri∣tual. Yea whatsoever things natural, or moral, that are helps to the Persons worshipping; and by which the Wor∣ship it self becomes more orderly and to Edification, and in the defect whereof the Name of God is taken in vain, and Ordinances of Christ become less acceptable and effectual: these Things and Circumstances, in some sence may be termed Spiritual or Ecclesiastical. Persons and Causes of each sort, whether vul∣garly or properly, termed Spiritual or Ecclesiastical, are some way or other under the Magistrates Government.

The former of these, those spiritual Persons and Courts, and Causes appertaining to them in the first framing of this Oath, were principally (if not only) intended and aimed at, as appeareth in the Statutes before mentioned. And indeed the greatest Contention between the Pope and our Princes in all time hath been about Ecclesiastical Matters of that nature; being then judged of greatest prejudice in respect both to the Honour and Wealth of this Nation. For, those matters more truly spiritual, and nearly relating to God and his Service (the Ignorance of the times was such) his Impositions, both in Do∣ctrine and Worship (though very sinful, unsound, and super∣stitious) were generally recelved by Prince and People in this Nation, without resisting or complaining.

There can be no question but these matters being indeed temporal, properly belong to the Secular Powers. For, for the space of three hundred Years, this Distinction was not

known (saith Sir John Davis) or heard of in the Christian World; the Causes of Testaments, Matrimony, &c. termed Ec∣clesiastical or Spiritual were meerly Civil, and determined by the Civil Laws of the Magistrate.

And for Persons and Causes Spiritual or Ecclesiastical, that are properly and indeed such, as first-Table-Duties, which con∣tain matters of Faith and Holiness, and what conduceth to the eternal Wellfare of Mens Souls; an Interest and Duty there is in the Civil Magistrate more suo, to give Commands, and exercise lawful Jurisdiction about things of that nature. And for Persons, there is no Man for his Graces so spiritual, or in respect of his Gifts and Office so eminent; but he is under the Govern∣ment of the Civil Powers in the Place where he lives, as much in all respects as any other Subject.

Notes

• Field of the Church p. 680.
• 1 Pet. 2.5.
• 1 Cor. 12. and 14.12.
• Sir J. D. in his Reports, the Case of Premunire.