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if things and persons be ordered, this doth imply that they are distinguished by degrees. For order is a gradual disposition. The whole world consisting of parts so many, so different, is by this only thing upheld; he which framed them, hath set them in order. The very Deity itself both keepeth and requireth for ever this to be kept as a law, that wheresoever there is a coagmentation of many, the lowest be knit unto the highest by that which being interjacent may cause each to cleave to the other, and so all to continue one. This order of things and persons in public societies is the work of policy, and the proper instrument thereof in every degree is power; power being that ability which we have of ourselves, or receive from others for performance of any action. If the action which we have to perform be conversant about matters of mere religion, the power of performing it is then spiritual; and if that power be such as hath not any other to overrule it, we term it dominion or power supreme, so far as the bounds thereof extend. When therefore Christian kings are said to have spiritual dominion or supreme power in ecclesiastical affairs and causes, the meaning is, that within their own precincts and territories they have an authority and power to command even in matters of Christian religion, and that there is no higher nor greater that can in those cases over-command them, where they are placed to reign as kings. But withal we must likewise note that their power is termed supremacy, as being the highest, not simply without exception of any thing. For what man is so brain-sick, as not to except in such speeches God himself, the King of all dominion? Who doubteth but that the king who receiveth it must hold it of and under the law, according to that old axiom, "Attribuat rex legi, quod lex attribuat ei potestatem :" and again, "Rex non debet esse sub homine, sed sub Deo et lege." Thirdly, whereas it is altogether without reason, "that kings are judged to have by virtue of their dominion, although greater power than any, yet not than all the state of those societies conjoined, wherein such sovereign rule is given them;" there is not any thing hereunto to the contrary by us affirmed, no, not when we grant supreme authority unto kings, because supremacy is not otherwise intended or meant to exclude partly foreign powers, and partly the power which belongeth in several unto others, contained as parts in that politic body over

which those things have supremacy: where the king hath power of dominion, or supremepower, there no foreign state or potentate,no state or potentate domestical, whether it consisteth of one or many, can possibly have in the same affairs and causes authority higher than the king." Power of spiritual dominion therefore is in causes ecclesiastical that ruling authority which neither any foreign state nor yet any part of that politic body at home, wherein the same is established, can lawfully overrule. It hath been declared already in general how "the best established dominion is where the law doth most rule the king:" the true effect whereof particularly is found as well in ecclesiastical as civil affairs. In these the king, through his supreme power, may do sundry great things himself, both appertaining to peace and war, both at home, and by command, and by commerce with states abroad, because the law doth so much permit. Sometimes on the other side: " The king alone hath no right to do without consent of his lords and commons in parliament: the king himself cannot change the nature of pleas, nor courts, no, not so much as restore blood," because the law is a bar unto him; the positive laws of the realm have a privilege therein, and restrain the king's power; which positive laws, whether by custom or otherwise established, without repugnancy to the laws of God and nature, ought not less to be in force even in supernatural affairs of the church: wherefore in regard of ecclesiastical laws, we willingly embrace that of Ambrose, "Imperator bonus intra ecclesiam, non supra ecclesiam est,-Kings have dominion to exercise in ecclesiastical causes, but according to the laws of the church;" whether it be therefore the nature of courts, or the form of pleas, or the kind of governors, or the order of proceeding in whatsoever business, for the received laws and liberty of the church "the king hath supreme authority and power, but against them never." What such positive laws have appointed to be done by others than the king, or by others with the king, and in what form they have appointed the doing of it, the same of necessity must be kept; neither is the king's sole authority to alter it; yet, as it were a thing unreasonable, if in civil affairs the king, albeit the whole universal body did join with him, should do any thing by their absolute power for the ordering of their state at home, in prejudice of those ancient laws of nations which are of force throughout all the world, because

the necessary commerce of kingdoms dependeth on them : so in principal matters belonging to Christian religion a thing very scandalous and offensive it must needs be thought if either kings or laws should dispose of the law of God without any respect had unto that which of old hath been reverently thought of throughout the world, and wherein there is no law of God which forceth us to swerve from the ways wherein so many and holy ages have gone. Wherefore not without good consideration the very law itself hath provided, "that judges ecclesiastical appointed under the king's commission shall not adjudge for heresy any thing but that which heretofore hath been adjudged by the authority of the canonical Scriptures, or by the first four general councils, or by some other general council wherein the same hath been declared heresy by the express words of the said canonical Scriptures, or such as hereafter shall be determined to be heresy by the high court of parliament of this realm, with the assent of the clergy in the convocation: an. 1. Reg. Eliz. By which words of the law who doth not plainly see, how that in one branch of proceeding by virtue of the king's supreme authority, the credit which those four first general councils have throughout all churches, and evermore had, was judged by the making of the aforesaid act a just cause wherefore they should be mentioned in that case, as a requisite part of that rule wherewith dominion was to be limited? But of this we shall farther consider when we come unto that which sovereign power may do in making ecclesiastical laws.

which men

Unto which supreme power in kings two kinds of adver- The right saries there are which have opposed themselves: one sort give, God defending, that "supreme power in causes ecclesiastical ratifies. throughout the world appertaineth of Divine right to the bishop of Rome:" another sort," that the said power belongeth in every national church unto the clergy thereof assembled." We which defend as well against the one as against the other, "that kings within their own precincts may have it,” must shew by what right it must come unto them. First, unto me it seemeth almost out of doubt and controversy, that every independent multitude, before any certain form of regiment established, hath, under God, supreme authority, full dominion over itself, even as a man not tied with the band of subjection as yet unto any other, hath over himself the like power. God creating mankind did endue it naturally

with power to guide itself in what kind of society soever he should choose to live. A man which is born lord of himself may be made another's servant. And that power which naturally whole societies have, may be derived unto many, few, or one, under whom the rest shall then live in subjection. Some multitudes are brought into subjection by force, as they who being subdued are fain to submit their necks unto what yoke it pleaseth their conquerors to lay upon them; which conquerors by just and lawful wars do hold their power over such multitudes as a thing descending unto them, Divine Providence itself so disposing. For it is God who giveth victory in the day of war; and unto whom dominion in this sort is derived, the same they enjoy according to the law of nations, which law authorizeth conquerors to reign as absolute lords over them whom they vanquish. Sometimes it pleaseth God himself by special appointment to choose out and nominate such as to whom dominion shall be given, which thing he did often in the commonwealth of Israel. They which in this sort receive power immediately from God, have it by mere Divine right, they by human on whom the same is bestowed according to men's discretion, when they are left freely by God to make choice of their own governors. By which of these means soever it happen that kings or governors be advanced unto their estates, we must acknowledge both their lawful choice to be approved of God, and themselves to be God's lieutenants, and confess their power which they have to be his. As for supreme power in ecclesiastical affairs, the word of God doth no where appoint that all kings should have it, neither that any should not have it; for which cause it seemeth to stand altogether by human right, that unto Christian kings there is such dominion given.

Again, on whom the same is bestowed at men's discretions, they likewise do hold it by Divine right. If God in his revealed word hath appointed such power to be, although himself extraordinarily bestow it not, but leave the appointment of persons to men; yea, albeit God do neither appoint nor assign the person, nevertheless when men have assigned and established both, who doth doubt but that sundry duties and affairs depending thereupon are prescribed by the word of God, and consequently by that very right to be exacted? For

* Corona est potestas delegata à Deo. Bracton.

example's sake, the power which Roman emperors had over foreign provinces was not a thing which the law of God did ever institute, neither was Tiberius Cæsar by especial commission from heaven therewith invested; and yet payment of tribute unto Cæsar, being now made emperor, is the plain law of Jesus Christ; unto kings by human right, honour by very Divine right, is due ; man's ordinances are many times proposed as grounds in the statutes of God. And therefore of what kind soever the means be whereby governors are lawfully advanced to their states, as we by the laws of God stand bound meekly to acknowledge them for God's lieutenants, and to confess their power his, so by the same law they are both authorized and required to use that power as far as it may be in any state available to his honour. The law appointeth no man to be a husband, but if a man hath betaken himself unto that condition, it giveth him power and authority over his own wife. That the Christian world should be ordered by the kingly regiment, the law of God doth not any where command; and yet the law of God doth give them which once are exalted unto that place of estate right to exact at the hands of their subjects general obedience in whatsoever affairs their power may serve to command, and God doth ratify works of that sovereign authority which kings have received by men. This is therefore the right whereby kings do hold their power; but yet in what sort the same doth rest and abide in them it somewhat behoveth farther to search, where, that we be not enforced to make over large discourses about the different conditions of sovereign or supreme power, that which we speak of kings shall be in respect of the state, and according to the nature of this kingdom, where the people are in no subjection, but such as willingly themselves have condescended unto for their own most behoof and security. In kingdoms therefore of this quality the highest governor hath indeed universal dominion, but with dependency upon that whole entire body, over the several parts whereof he hath dominion; so that it standeth for an axiom in this case, the king is "major singulis, universis minor." The king's dependency we do not construe as some have done, who are of opinion that no man's birth can make him a king, but every particular person advanced to such authority hath at his entrance into his reign the same bestowed on him, as an estate in condition, by the voluntary deed of

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