Anonymous on Article XXXVII: Of the Civil Magistrates
Anonymous, 1716
Commentaries on Article XXXVII: Rogers (1607)Ellis (1660)Burnet (1699)Beveridge (d. 1708)Welchman (1713)Practical Exposition (1716)Veneer (1725)Madan (1772)Hey (1796)Tomline (1799)Wilson (1821)Jones (1849)Trollope (1850)Browne (1850)Forbes (1867)Boultbee (1871)Maclear & Williams (1895)Green (1896)Gibson (1896)Jackson (1900)Bicknell (1919) · Article 37: text, context and Study
Article XXXVII. Of the Civil Magistrates
The King's Majesty hath the chief power in this Realm of England, and other his Dominions, unto whom the chief Government of all Estates of this Realm, whether they be Ecclesiastical or Civil, in all causes doth appertain, and is not, nor ought to be, subject to any foreign Jurisdiction. Where we attribute to the King's Majesty the chief government, by which Titles we understand the minds of some slanderous folks to be offended; we give not to our Princes the ministering either of God's Word, or of the Sacraments, the which thing the Injunctions also lately set forth by Elizabeth our Queen do most plainly testify; but that only prerogative, which we see to have been given always to all godly
Princes in holy Scriptures by God himself; that is, that they should rule all estates and degrees committed to their charge by God, whether they be Ecclesiastical or Temporal, and restrain with the civil sword the stubborn and evil-doers.
The Bishop of Rome hath no jurisdiction in this Realm of England.
The Laws of the Realm may punish Christian men with death, for heinous and grievous offences.
It is lawful for Christian men, at the commandment of the Magistrate, to wear weapons, and serve in the wars.
Text: Book of Common Prayer (1662)
Cleaned OCR; [...] marks passages cut for illegibility. See the scan. Text: A Practical Exposition upon the Thirty-Nine Articles of the Church of England, explaining the true and genuine sense of each Article, and their foundation derived and confirmed from Scripture; for the use of families (London: T. Caldecott, 1716). The title page names the author only as an M.A. and vicar; the OCR of his name is unreadable. Each Article is expounded as a discourse on a text of Scripture. Cleaned OCR from the Internet Archive scan of the Eighteenth Century Collections copy; passages too garbled to recover are marked [...]. Public domain.
Mans rational, and knows what is fit to be done, yet his Pas- sions are many, insolent, and rebellious ; and if he be not restrained by Terrors, and obliged by Power, he soon becomes brutish, savage, and outrageous ; not fit for Society, worse than dumb Creatures, and unhospitable, inhuman, cruel Bat to keep him in Subjection, and constrain him to be orderly, the Great Governor above hath ap- pointed his Vicegerents below, to command him to be tractable, and invested them with Power to make him so; that being gradually ac- customed to Obedience, he may become a good Man, a dutiful Sub- ject, and an humble Christian. Submit your selves, IMhether it be to the King, as Supzeme. Which teaches us to obey the
Article XXXVIL
Magistrate as Supreme, and Ruler of the People. Which leads to
the Thirty Seventh Article of the Church.
The Queen’s Majesty hath the Chief Power in this Realm of
England, and other her Dominions, unto whom the Chief Go- « yernment of all Estates of this Realm, whether they be Ecclesi- « astieal or Civil, in all Causes doth appertain, and is not, nor ought
« to be subje& to any foreign Jurisdiction. Where we attribute to
ce the Queen’s Majesty the Chief Government, by which Title we understand the Minds of some flanderous Folks to be offended ; we give not our Princes the Ministring either of God’s Word, or of Sacraments ; to which the Injunctions also, lately set forth by Flizabeth our Queen, do most plainly testify ; but that only Prerogative, which we see to have been given always to all godly “ Princes in Holy Scripture by God himself ; that is, that they “ should rule all Estates and Degrees committed to their Charge by
God, whether they be Ecclesiastical or Temporal, and restrain « with the Sword the stubborn and evil Doers. The Bishop of « Rome hath no Jurisdiction in this Realm of England. The Law of this Realm may punish Christian Men to death, for heinous
« and grievous Offences. It is lawful for Christian Men, at the « Commandment of the Magistrate , to wear Weapons, and serve te in the Wars”. Here observe,
K k J. The
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An E XPOSITIO N of the
J. The Supremacy of the Queen’s Majesty. The Queen’s Maje- sty hath the Chief Power in this Realm of England, and other her Dominions, unto whom the Chief Government of all E- states, whether they be Ecclesiastical or Civil, in all Causes doth appertain, and is not, nor ought to be, subje& to any Fo- reign Jurisdiction. - |
II. This Supremacy doth not reach so far, as to give Princes the Ministring of God’s Word or Sacraments. Where we attribute to the Queen’s Majesty the Chief Government, (by which
Title we understand the Minds of some slanderous Persons to be offended), we give not our Princes the Ministring either of God’s Word, or of Sacraments ;.to which the Injunctions al- ed set forth by Elizabeth our Queen, do most plainly Teilt. et 5 | 229% |
Il. What this Supremacy imports: No other, but that rage Prerogative, which we see to have been given always to all Godly Princes in Holy Scripture by God himself ; that is,
That they should rule all Estates and Degrees committed to their Charge by God, whether they be Ecclesiastical or Tem- ms ; and restrain with the Sword the Stubborn and Evil-
IV. This Supremacy is such a peculiar Regale, that the Bishop of
Rome hath no Share in it. The Bishop of Rome hath no Juris- diction in this Realm of England. N It reaches so far, that it may put to Death for heinous Sins. The Law of the Realm may punish Christian Men to Death for heinous and grievous Offences. |
VI. By the Command of the Magistrate Men may be Soldiers, and fight in the Wars. lt is lawful for Christian Men, at the
Commandment of the Magistrate, to wear Weapons, and serve in the Wars.
- The Supremacy of the Queen’s Majesty. She hath the Chief Power in England, and in all her other Dominions, according to the Laws of the Land : She hath the Executive Authority to rule and govern the Nation ; to appoint inferior Magistrates in Subordination to the Throne, and to see that Religion be preserved, the Divine Worship paid, and Ecclesiastical Persons acquit themselves according to the Laws of Christ, This Supremacy 1s that Power which God
hath given, and which all the Subjects, as well Ecclesiastical as Ci-
vil, are to acknowledge as given by God.
- This Supremacy, or Height of Power, is that which God hath given to the Queen, over all Degrees of Men in the Land; she next under him, 1s the highest in the Government, or his Vicege- rent and Minister, to bear the Sword, to punish Evil-Doers, to en- courage, commend, and reward those that do well: And as she re- ceives her Authority from him to rule in Justice, and to govern in Righteousness, she is accountable to him for the same, and is in a
pecu-
Thirty Nine ARTICLES.
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an
peculiar Manner under his Care and Protection. So that as. she is Article Supreme by Divine Charter, all Allegiance and Submission is due to XXXVII.
her, according to the Laws she governs by. But if that should be
commanded which God forbids, the Rule is plain that is set before
us; we must rather obey God than Man. Let every Soul be subje& Rom. 13. 1,3,
unto the higher Powers; fur there is no Power but of God, the Pow- ers that be, are ordained of God; whosoever therefore resisteth, re-
Aisteth the Ordinance of God, and they that resist , shall receive unto themselves Damnation.
- All her Sybje&s, whether Ecclesiastical or Civil, are to ac-
owledge her Power, as given by God, and her Authority as ori- ginally Divine: For “by him Kings reign, and Princes decree Ju-
- stice”. He is the Author of all Government and Order upon
Earth; and in any Nation or Kingdom, whosoever hath the Su- preme Power, is invested with that Authority from above, by which the Publick Peace, and Welfare of the Subjects, is secured and main- tamed, and every Man’s Life and Property prote&ed and preserved: The Queen amongst us hath the very same Superiority and Gran- deur ; and as the, Laws of the Land declare, she is God’s Vicegerent, she rules in his stead, bears his Sword, governs by his Authority, and 1s his Minister and Servant to take care of the Kingdom, and to maintain Order and Peace, Humanity and Religion amongst us: This we have Reason to. acknowledge with. Gratitude and Duty; being protected in our Persons, and encouraged by her in all Virtue
and Piety. For he is the Minister of God to thee for good; but if Rom. 13. 4;
thou do that which is evil, be afraid, for he beareth not the Sword
in vain ;, for be is the Minister of God, a Revenger to execute Wrath upon him that doth evil. 8
II. This Supremacy does not include a Power to administer
the Word and Sacraments ; or, when we own the Suprematy, we
do not mean that the Power of administring the Word and Sacra- ments is thereby given: For the King is no Priest, and hath no Authority to preach the Word, or to consecrate and administer the Sacraments in his own Person, The Queen is to rule and govern Priests and People; and every Soul, whether Bishop, Priest, or Deacon, is subje& to her, apd obliged to be obedient ; but she hath no Power to take their Office, or to perform their Part in the Mi-
nistration : She may and is bound to provide, that there be Learned
and Pious Bishops, Priests, and Deacons ; and is to see that Reli-
ion be encouraged, the Subjects be instructed, and the Divine Wor- | ship performed with all Reverence and Order : And if any Mini- sters offend, she may rebuke and punish them; but she may not in- termeddle at the Altar, or presume to take their Office upon her ; that is reserved to them, as their peculiar Duty by Divine Commissi- on. The Kings of Israel were Supreme in their Dominions, and were bound to settle the Worship at the Temple, but might not offi- eiate in it. They might appoint 5 Priests and Levites their Pla- _— * 2 ces,
252 An EXPOSITION of the
Article
XXXVII
2 Chron. 29.
Rom. 13. 3.
ces, and were to see that they did their Duties, but were not al- low’d to take upon themselves the Office of a Priest or Levite. No more may Christian Princes usurp the Office of a Bishop, or Priest ; they may and ought to inspe& them, but may not concern them-
selves with that whiich is their peculiar Duty. For as the Priests,
under the Dispensation of Moses’s Law, had some peculiar Duties; the Ministers of the Gospel have their proper Service, which the
_ greatest Princes of the World may not take upon them; to which
they are chosen, for which they are set apart from the rest of Men. Hezekiahb told the Priests and Levites in his Time, My Sons, be not now negligent, for the Lord bath chosen you to stand before
bim, to serve him, and that you should minister unto him, and burn In- cense.
III. This Supremacy giving Offence to some, when it was given to the Queen , the Article explains what is intended thereby , that Prerogative which hath been always given to Godly Princes in Scri-
ture by God himself,” or the Command and Government of all their bjects, whether Ecclesiastical or Civil, of what Nature or Degrees, Quality or Improvements, Employments or way of Living soe- Ver. For as they. live in the Queen’s Dominions, and are under her Protection, they are under her Laws, and responsible for their Beha- viour to her Jurisdiction and Authority: And let their Condition of Life be what it will, they cannot plead any Exemption, or any Pri- vilege of being freed from her Power. I know the Roman Catholick
Priests will pretend, that they are only subject to the Pope: But in
Nations where Kings are Papists, the Priests are Subjects, let their
Pretences be what they will, as they oftentimes find to their Cost. And there is as much Reason that they shonld be subject here, as elsewhere, and more also. If all Sorts of Men were not subject, the Queen would not be Supreme: If Priests were not as responsible to
her Justice as Laymen, she hath not the Command of her Subjects
and tolerates. she knows not what. is therefore absolutely necesfi- ry that Ecclesiastical Persons, Bishops, and Prrests, should be fab- je& to her as well as Lay-Men : For otherwise it will lie in their Power to disturb the Government, and oppose Authority. This
was the Reason that our Fore-Fathers asserted the Supremacy of the Queen, to let her Subjects know, that she was their Governor, had the Command over them, and that none might pretend to be ex- empted or excus d from their Obedienee. And this is no other Pre- rogative than what all Princes challenge, and exercise in their Domi- mons : They are the Heads, the Chief, the Supreme, and all other, are subject to them. And so is the Queen amongst us; she hath th Prerogative of being above all in her Deminions, the Chief, ang Highest Ruler amongst us: All are fabje& to her, and obliged tg obey her in their Places. Wherefore ye mest needs be subject, not en for Wrath, but also for Conscience sake. op
IV.. The Supremacy is such a peculiar Regale, that the Bishop of Rome has no Share in it, and has no Jurisdi&ion in this _— R
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Thirty Nine AR T1CLES.
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of England, nor can pretend to any Power over our Queen, or us
Article
her Subjects. If he had any Jurisdiction amongst us, he must have XXXVII.
it by Divine Grant, or by Prescription, or by Consent; but he has no Title in any of these Respects, and therefore he can have none over us; and our Queen is our Lawful Supreme Governor. He can have no Right to us by Divine Charter; for what though St. Peter was commanded to feed the Sheep? other Apostles were
as much bound to feed them as he; this gives him no Right to the
Nations of the Earth; and ‘tis no where said in the Bible, that the Bishop of Rome shall exercise Dominion in England, neither are there any Words, which carry a Sense equivalent to it. As for Prescription, he can have no Advantage over us by it; for it is a | known and certain Rule, in Cases of Prescription, that the most Ancient must take the first Place; and if that be admitted, the Church of England’s Right is antecedent to any Roman Claim: For
the British Bishops (as appears from undoubted History ) exercis’d
Episcopal Jurisdiction in England, before ever the Supremacy of the Church of Rome was so much as heard of in the World: And fot that Reason, when Austin, the Monk, was sent over by the Pope, the Monks of Bangor, and their Bishops, deny’d him this Jurif- diction, as being first possess’d of it under their Prince. And as for the Claim which mentions our Consent, as it was obtain’d by indi- tect Means, it is void in it self; the People have deny’d it, our Le- gislature has made many Laws against the Exercise of it, and our Queen is own’d and obey’d by all her Subjects, as Supreme in her Dominions; for no Foreign Power hath, or ought to have any Au- thority or Jurisdiction over us. As then the Scriptures give the Pope no Advantage over us, as no Prescription can be alledg’d on his Side, as no Consent can be pleaded in his Behalf, it must unde- niably follow that he has none at all; that our Church is freed from his Yoke and Bondage, and our Land from his Tyranny : Our Bishops ate only responsible to God and the Queen, for their
Behaviour, and our People are deliver’d from his Jurisdiction; and
as we are happy upon this Account, and congratulate one another’s:
Deliverance from Popery, let us make it our Prayer, that the Pope may never find Means to gain the Ascendant any more amongst us; jo neither by Conspiracies nor Factions, engage the Land on his Side,. or set up Superstition and Idolatry : ‘The more we maintain the Queen’s Supremacy, and are obedient unto her, the safer we
shall be in our Habitations, and the more secur’d from all fuch In-
novations. Honour all Men, love the Brotherhood, fear God, honbui The King. | |
x Pet. 2. 1).
V. This Supremacy reaches so far, that the Laws of the Land
under her Execution, may put to Death Christian Men, for heinous and grievous Offences ; for God allows her to punish Evil Doers, and to be a Praise of them that do well; to be a Terrot to the Wicked,
and an Encouragement to the Good: And since she must take
Care of good Order, and provide for the Peace of the Community ;’ if it so happens, that the Crimes of Men grow great and — | 1 : ;
254% An EXPOSITION of the
Rom. 13. Zo
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Article if they threaten Evil to others, and Mischief to the Society; if no XXXVII. Laws will restrain, and nothing but Severity will serve the Pub- - lick; she may take away the Life of Malefactors, and does well to
cut them off from being mischievous to Mankind: God appointed her to Rule for the Good of others; and as he is for Government,
and an orderly Conversation, he allows her to use the Sword, and will bless her, though Necessity forces her sometimes to cut off
Evil Doers, and will establish her Throne by Righteousness and Ju- stice, Were not such Severity sometimes us d by the Magistrates; and a Check put upon the unruly Part of Mankind ; Society, which was intended for mutual Advantage, would become dangerous, Men would degenerate into Brutes, scarce any could be safe, there would be Snares and Dangers, bitmg and devouring one another
without Pity or Remorse. It is therefore, as it may happen, abso- lutely necessary, and in it self truly Christian, that Evil Men should
be punish’d according to their Misdeeds, and that, if nothing else will keep the World in good Order and Peace, they should fall by
the Sword of Justice, that others may fear, and do no more wick- _ edly, that the Virtuous and Innocent may be protected and en-
courag’d, and go on in Safety, with Chearfulness in their Duty, and that the Community may be in Peace. For Rulers are not 4 Terror to good Works, but to the Evil; wilt thou then not be afraid of the Power ? do that which is Good, and thou shalt have Praise of the same. But if this makes no Impression upon some Tempers, it follows, He is a Revenger, to execute Wrath upon him that doth
Evil. to be severe according to the Nature of the Crime, to punish
a little, if the Fault 1s small ; to scourge with Wrath, if the Crime is greater; and if the Guilt be intolerable, and not to be allow’d in
human Society, to slay the Offender, to execute him, as not
worthy to live. This is the Power of the Queen, and though it is as much against a tender Nature as can be, to be so sharp; yet when Realon makes it necessary, it may lawfully be yielded
to, as the best Expedient to preserve the Nation in Safety and Peace. 24S te
VI. Because there are Enemies to a Nation, who seck for Advantage against it, and would ruin the Trade and Plenty it enjoys, and undermine the Liberty in it, and enslave the People, and destroy the Religion, and set up Superstition and Idolatry in the Room of it: Because such Enemies happen to be many and mighty, who use Violence, and lie in Wait to destroy ; therefore it is absolutely necessary for Christian Men, at the Commandment of the Magistrate, to wear Weapons, and to learn to use them, to serve in the Wars, and to be Commanders and Soldiers; for otherwise the Nation would be soon made a Prey, and our Enemies would soon Enslave and Ruin us: As therefore the think to use Force, there is no repelling them but by Force ; and as they come with Intentions to lay Waste and Destroy, it must be lawful for Christians to fight against them, and lay Waste and Destroy them. This is that which the Passions of Men 5
made
Thirty Nine AgTICLEs 265
made necessary, and what God allows, and there can be no Peace, Article and living in the World without it. And though we have some XXXVII.
amongst us who pretend they may not use carnal Weapons, yet when they were in Danger in Pensilvania, Neceslity taught them to arm out a Sloop, and to kill Men; and those with us enjoy their Habitations; Goods and Possessions, by the Blessing of God upon our Soldiers, who venture their Lives Abroad for us, that we may dwell in Safety, and enjoy our Religion and Estates, without Mo- lestation. Tis then lawful for any Christian Men, when the Magistrate commands, to take up the Sword, and use it in De- fence of the Queen and Nation; and let fome say what they please, the same God that employs Kings to Reign, and appoints them their Governments, does authorize them to all the Sword, to wage’ War, and to destroy their Enemies: The Subjects are under Command, and must Arm when the Queen calls; and as she is the Judge of the Justice of her Cause, and we all know how reasonable it is to beat down her Enemies; we must acknowledge it the Subjects Duty to Fight, and to do their best in her Defence, and the Na- tion’s Safety. As every Government upon Earth has an Inherent Right in it to preserve it self, and that cannot be done without Hands, and Hands will avail but little without Weapons ; the may put the Sword into the Hands of her Captains and Soldiers, and may authorize them to Kill and lay Waste. This is fo plainly seen in the Divine Management of the Israelites, and the Authority given to Christian Magistrates, that there can in Reason be no Scruple of Conscience raised, or made about it ; for there is no Safety to be had, and no Security of Life and Possessions without it: Were all of some Mens Minds, we should it still to be Enslav’d and Ruin’d;
but as Self-Preservation would not allow Man in his Primitive
Capacity, to be so tamely shin, it will not allow, a Community to perish, for want of Arms to support it : The Centurion was not upon
his Conversion, commanded to lay his Sword aside ; nor Constantine to throw away his; nor may any amongst us refuse to take it up,
when our Safety, and the Safety of the Queen and Government depends upon it. I Counsel thee to keep the King’s Commandment, and that in regard of the Oath of Gd. | From this 1 shall but tell you, that we ought to be obedient and thankful. Eo ” ”
- We ought to be obedient to the Queen, the Supreme Ma- gistrate, as set over us by Almighty God, and to submit our
selves to them that are sent by her, for the good Government of
the Land, that Truth and Peace ny be continued amongst us, and we may still enjoy our Religion, and our Possessions, in Safety, and
contribute by our Subjection, what we can, to our mutual Happi- ness and Comfort. As we are a Community, and subject to her Majesty’s Authority, we are bound to set forward one another’s Welfare, to study to be quiet, and to do our own Business, that we
may be dutiful in our Places, and “ submit to every Ordinance of
Man for the Lord’s Sake. Put them in Mind to be subject to Prin-
| cipalities
nd
Eccles. 8. 2.
h
256 An EXPOSITION of th
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Article
cipalities and Powers, to obey Magistrates, to be ready to gyery
XXXVII. good Work.
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t Pet. 2. 15.
- We have Reason to be thankful, that the Supreme Magistrate secures us from Popery and Slavery; that we are quiet, and at Peace amongst our Elen under her Majesty’s mild Government; that we hear nothing of the Cruelty and Rage of the War, which others groan un- der; and that as yet we live as if we were the Care of Heaven, as well as her particular Charge. Were we throughly sensible of this, we should not only be thankful, but obedient, live as subje& to the
| Laws of God, and of the Land, and endeavour: as to please God in
Newness of Life, so to be subje& for Canscience Sake, that we may fill up our Places in all Righteousness, and rejoice before God in In- nocency. For so is the Will of God, that with well doing ye put to Silence the Ignorance of foolish Men.
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