SECT. 1.

This Power and Superiority exercised by the Kings of England, in relation to the Penalties of such Penal Laws of both sorts shall be spoken to in these two Particulars.

• I. That such an Authority and Supremacy is necessary, and ought to be placed in some Hand.
• II. That it is a Dignity which hath always been placed in the Kings and Queens of this Realm.

I. For the former; In all Polities and Forms of Govern­ment, as there is a Rule which is to be the Measure and Square to, and by which all Mens Actions that live under that Polity, are ordinarily to be conformed and judged; so is there always some provision made for mitigating the Rigour of the Rule, in Cases which may fall out and cannot be foreseen by the wisest Legislators; and in such cases to exer­cise Summum jus, would be Summa injuria: therefore there is here, not only a Power to judg, as the case stands in the strict Letter of the Law, but as there are Courts of Law, so are there Chanceries, Courts of Equity and Conscience, wherein the Law and Rule it self is dispensed with, and va­ried from; and the Proceedings there are not according to the strict Terms of Law, but secundum equum & bonum, as the Merit of the Case in it self may require.

1. For Laws constituted for a whole Nation universally, to be submitted to by Persons of what quality soever, and how much soever different in their Conditions, must needs, in their strict execution, bear harder upon some Men than others, Parliaments in their Laws going by the Rule of (Ad ea quae frequentius accidunt, &c.) and better an inconve­nient Mischief, than an Inconvenience.

It is taken for granted, that a general Law which hath its Good and Necessity, in respect to the Bulk and Body of a People, may prove unequal to particular Persons from the Circumstances of their present Condition. In a Common Wealth the Ease and Benefit of each particular Person, of what Degree or Condition soever, is to be consulted; but where Laws are executed in their full rigour, and no Mercy or Indulgence to particular Persons, in special and unusual [Page 4]Cases, it will not be so. God himself, who knoweth every Man's Heart, yet some of his Laws that are given in general to all, would not prove so equal to each at all times, without exemptions in particular Cases. Hence we say, Affirmative Precepts bind not ad semper; to such Laws is that of Mark 2.26. in the Case of Shew-bread to be referred. And the Pope, who assumes to himself a possibility not to Err, yet how doth his Republick abound in Courts for Faculties, Dis­pensations, Indulgences, &c.

2. It's also to be considered, there are no Societies of Men but may err in their Councils; Laws made in one Parliament come to a Review, and often to an Alteration, yea Repeal in the next: The Intervals of those great Councils are some­times long, and if no way of Relief were in the mean time, the Subject would, without Remedy, undergo the penalty of an unequal Law.

These and the like Considerations make it necessary, that besides the Legislative Power placed in the Parliament, that there be some Hand or other also, by which upon all emer­gent Occasions, the rigour of a Law as to its Penalty may be abated, by the means whereof, not only Mens Liberties and Estates, but Lives also are sometimes preserved.

SECT. 2.

2. This Ballance hath always been trusted in the Hand, and annexed to the Sovereign Majesty of every State; for this Interest doth little vary, but remaineth in a manner the same in all Republicks, in what Form soever they be esta­blished. In the State of England, being an Empire, and its Crown in many Acts of Parliament (especially relating to these Matters) stiled Imperial; this Power is inseparably annexed thereunto, which needs little proof, it being con­firmed by the Oath of Supremacy. An Oath is the End of a Controversy. Our great Lawyers also give in their Suffrage [Page 5]hereunto, frequently affirming that the Statutes relating to the King's Ecclesiastical Jurisdiction, are not introductive of New, but declarative of the old Law.

When an Act, say both those two Learned Judges, Cooke and Rolls, forbiddeth under a Penalty, in case it may be inconvenient to divers particular Persons, in respect of Circumstances, the Law gives Power to the King to dispense therewith.

And in like Cases, or upon other Considerations equal, he may Dispense, License, Pardon, &c. Yea, although those Laws have been passed by his Majesty's Royal Assent former­ly; and (which is more) a Clause inserted in the Act, that the King's Licence or Dispensation in this or that Case, shall be void: Yet it will be no Bar to such Prerogatives as are in­herent and originally inseparable to his Royal Person, but he may give Licence with a Non Obstante thereunto. A learned Serjeant, in his Nomotechina, hath these words, The King by a Clause of Non Obstante, may dispense with a Statute Law, if he recite the Statute, though the Statute say such Dispensations shall be merely void. And he may License Things forbidden by the Statutes, as to coin Mony, which is made a Capital Offence by the Statute, and was before lawful, for that it is but malum pro­hibitum; but malum in se, as to leave a Nusance in the High­way, he cannot license to do; but when it is done he may pardon it; but where the Statute saith, his License shall be void, which the Civilians call Clausula derogativa, there it must have a Clause of Non Obstante, that is to say, this Clause notwithstand­ing any Statute, else it is not good. And says the same Au­thor, He may, in respect of his Supream Ecclesiastical Ju­risdiction, exempt some from the Jurisdiction of the Ordina­ry, and dispense with others in things which the Ecclesiasti­cal Law prohibits, upon the same ground that they are not mala in se, but prohibita. I hold clear (saith Judg Hobart) that though the Statute says, That all Dispensations, &c. shall be granted in manner and form following, and not otherwise; that [Page 6]yet the King is not thereby restrained, but his Power remains full and perfect as before; and he may still grant them as King.

The King may remit the Penalty or Punishment of those Laws, which he hath no power to dispense with, as where what is forbidden by the Law is Malum in se, saith the Serjeant in his aformentioned Discourse of Law, much more then when what is forbiden is only Malum prohibitum.

The Statute indeed of the 9th of Edw. 2. Cap. 7. enacts, That no Letter shall proceed from the King to discharge an Excommunicated Person, but where the King's Liberty is prejudiced: But as this Statute it self proves the Law and former Practice, so it takes it not away, since the King's Li­berty of discharging such Persons used before, is preserved by the same Statute.

SECT. 1.

1. REligion in the moral Parts thereof, the Precepts and Commandments of God, the Institutions and Ordinan­ces of Christ, these are not subject to any Humane Wisdom or Power. The Apostles, that were of higher Authority in these Affairs than any on Earth, went no farther, but as 1 Cor. 11.23. What I have received of the Lord, that I delivered unto you. To make Laws in Spiritual Matters, that are such by the Light of Nature, that Men may be moved to Duty, and act according to their Light, we yield to the Civil Magistrate as he is Custos utriusque Tabulae.

2. There are Matters of Circumstance also, and external Forms in Worship, tending to Order and Decency: These and the like are made by our Laws, to depend upon the Power and Or­dering of the Prince. This Distinction you have laid down as Law by Judg Hobart; his words are these: Tho it be de Jure Divino, that Christian People be provided of Christian Offices and Duties, of Teaching, Administration of the Sacra­ments, and the like; and of Pastors for that purpose, and there­fore to debar them wholly of it, were expresly against the Law of God; yet the Distinction of Parishes, and the Form of furnish­ing every Parish Church with his proper Curat, Rector, or Pa­stor, by the way of Presentation, Institution, &c. as is used di­versly in divers Churches; and the State or Title which he hath, or is to have in his Church, or Benefice, is not a positive Law of God in point of Circumstance. And we know well that the Pri­mitive Church in its greatest Purity, were but voluntary Con­gregations of Believers, submitting themselves to the Apostles, and after to other Pastors, to whom they did minister of their Temporals as God did move them. Government is a Beam of Divine Power, and therefore he proceeds, saying, If a Peo­ple will refuse all Government, it were against the Law of God; but if a Popular State will receive a Monarchy, it stands well with the Law of God. In the Case of Glover and Colt, against the Bishop of Coventry and Litchfield.

From all this the Judg seems to confirm his Distinction by way of Comparison thus; As in Humane Affairs, Go­vernment in the General and Essentials of it, (that one Man be Subject to another Man in an orderly way) is necessary and Jure Divino, and not in Man's Liberty or Dispose; But for the Modes and Forms of Government, and like Circum­stances, it is left to the wisdom and choice of Men, and the conduct thereof. So in Matters of Religion, what is not Jure Divino, such external Forms and Rites tending to a more orderly and decent administration in the Worship and Service of [Page 8]God, our Law judgeth the Magistrate hath the ordering hereof in each Nation, according to the Manners and Tem­pers of the People, which is Various.

And in particular, the Disposing of Pastors and People, for the more convenient and orderly Service and Worship of God, to be only Jure Humano, and may be otherwise, and was so in the Primitive Church in her greatest purity. Pastors and People were not then (as now) engaged in this Relation, and one to another, by a Parochial Bond or Tye: but injoyed a Christian Liberty, voluntarily to dispose of themselves under such or such a Ministry as they should make choise of to themselves. The Church is said in this State to be in greatest purity. The Congregational-way therefore is not a way (in this learned Judg's Opinion) of Disorder and Confusion, as is frequently suggested.

2. And that it is in the Power of Supream Majesty to dis­pense with a Parishioner, as well as with a Pastor or Rector, in such a Case, that is, to remove from his Parish to another, for more suitable Enjoyments, as for a Rector upon his Maje­sty's Dispensation, to be a Non-resident and take another Recto­ry, the division of Parishes being Jure Humano.

What those Things and Matters of Religion are (in the Judgment of our State) that comes under the Manage of humane Wisdom and Power, are well expressed in Queen Elizabeth's Advertisement. These Orders and Rules ensuing have been meet and convenient to be used and followed; yet not prescribing these Rules as Laws, equivalent with the Eternal Word of God, and as of necessity to bind the Consciences of our Subjects, in the nature of them, considered in themselves; Or as they should add any Efficacy, or more Holiness to the Vertue of Publick Prayer, and to the Sacraments, but as temporal Orders, meerly Ecclesiastical, without any vain Superstition, and as Rules in some part of Discipline, concerning Decencies, Distinction and Order for the time. And in the Articles of 1562, It is [Page 9]not necessary that Traditions and Ceremonies be in all Places one, or utterly alike; for at all times they have been divers, and may be changed according to the diversity of Countries and Mens Man­ners, so that nothing be ordained against God's Word.

It is granted, that even these Ecclesiastical Laws ought to be conformable to the Word of God, and to those General Rules (laid down in the Scriptures for ordering the Worship and Service of God in the Churches) as, Let all things be done decently and to Edification; Give no offence to Jew or Gentile, and the like, and not to be the meer inventions of Men.

That distinction some would make of things against, or contrary, and what is according to the Word of God, the one they apply to Matters of Faith, the other to Matters of Or­der. It is a Distinction without a Difference; there is more Wit than Truth in that Interpretation of Christ's Words, He that is not with me, is against me; and in another place, he that is not against me, is with me; applying the one to Matters of Faith, the other to Matters of Order. There is no such distinction to be made, but Rites, Ceremonies, and Matters of Order, ought to be according to God's Word, as well as Matters of Faith. Magistrates are to judg, Circa Res Eccle­sias de iis si Fidei sint dogmata, Vel ritus et Ceremoniae earum (que) Veritatem et Equitatem; juxta Verbi Divini normam (Mocket de pol. Eccl. Angl. cap. 3.) And the Power of the King stands not in forming new Articles of Faith, or Forms of Religion, such as were Jeroboam's Calves; but in defending and propa­gating that Faith and Religion, of which God in the Scrip­tures is the undoubted Author, (saith Mason of Bishops, lib. 3. cap. 5.)

It is evident those Holy Men, our first Reformers, made no such distinction, but that all should be done according to God's Word, laying before them these general Rules in Scripture, (even in retaining what hath been so offensive). For of the retaining Ceremonies, there is this account by [Page 10]them given, Because they appertain to Edification; whereunto all things done in the Church, as the Apostle teacheth, ought to be referred. And of our Liturgy, thus; There is nothing to be read but the very pure Word of God, and the Holy Scriptures, or that which is evidently grounded upon the same, (Preface to the Com­mon-Prayer Book). God be thanked (saith good King Ed­ward the 6th) we know both what by his Word is meet to be refor­med, and have amended, &c.

It is convenient thus distinctly to have insisted upon what we term Religion, or Matters Ecclesiastical, according to that sense in which the Civil Magistrate assumes to himself the or­dering thereof: And what influence the Scriptures, and Autho­rity of God, hath, or ought to have in these Rites of the Church, and Matters of Order, as well as in Matters of Faith; for hereby it appears whence it is Mens Consciences are more concerned in these Laws, than in other Municipal Laws of the Nation. And that the not being free to sub­mit to these Ecclesiastical Laws, when not formed according to God's Word, is no Evidence of that Seditious Spirit that kicks against all Laws.

SECT. 2.

There is a necessity, and that of much greater importance, Provisions be made of Dispensations, &c. as occasion shall be, in respect to Laws Ecclesiastical, than in Civil.

In Matters of Religion, and the Worship of God:

• 1. Multitudes there are of loose and profane Persons; in respect to such, neither are the Laws in themselves, nor in the execution of them, severe enough.
• 2. Against Popish Recusants the Laws have been severe e­nough, yet in the execution great moderation.
• 3. There are those, and blessed be God great Multitudes, who are not only Orthodox in Faith, but of unblamable [Page 11]Life in the greater Things of Law and Gospel. These are fallen under most severe Laws, and of late with greatest se­verity put in execution, and utterly ruin'd, if there be no means of relaxation: It is in behalf of these I argue this Ne­cessity, and that from these and the like Considerations.
  • 1. There is a greater proneness in Conscientious Men to scruple and to be doubtful in their Obedience to the Ec­clesiastical, than to the Civil Laws of a Nation, as be­fore.
  • 2. Great Difficulty in forming Laws, wherein Mens Consciences are immediately concern'd, so as not to dis­satisfy some, if not many.
  • 3. If those Laws be not according to Scripture, in the ap­prehensions of those that are to obey, whatsoever they are in themselves, it is our Sin if we obey; it is not so in Civil Commands.
  • 4. It is not of so ill Consequence for us to yield Obedi­ence to a Civil, as to an Ecclesiastical Law, if ill consti­tuted by the State.
  • 5. From what is found (in a manner peculiar in these our Ecclesiastical Laws, and the Administration of them) many ways prejudicial to the Subject, there is a neces­sity some such provision of this kind be found on our be­half.

1. The real Scruples and Doubts about our Obedience in these Ecclesiastical Matters, cannot but be more and greater than in other Laws. The knowingest Man in these Things knoweth but in part; and the most Men have but a parcel [Page 12]in this part. It is true, the Principles and great Matters of Religion, are in great perspicuity laid down in the Scrip­tures, which give knowledg to the Simple, but these matter of Circumstance and external Order, we have for the most part in Generals only, and hints from Examples and Cu­stoms of the Apostolick Churches; in the interpretation whereof the most Learned find Difficulties, and are divided. Now the want of Knowledg is the ground of Scruples and Doubts in our Practice, 1 Cor. 8.7. for the working of Con­science is from the ultimate Resolution of our practical Un­derstanding. And hence it is that the same practice may be not only scrupled, but a Sin to one Man which is not to a­nother, upon account of different Apprehensions; there may be notwithstanding Integrity and Sincerity in both, and therefore tenderly to be dealt with, as the Apostle requires, Rom. 14.

2. A great Difficulty there is to form Ecclesiastical Laws (they being to be the same where Uniformity is much stood upon for a whole Nation) as not to leave grounds of Dissatis­faction to many; Mens Apprehensions being various through the Degrees of Light; insomuch as that may be Sin to one Man, that is a Liberty to another of a greater degree of Light. A little is next to nothing, and what is indifferent is nearest in likeness to moral Good or Evil; hence so easy and frequent Mistakings: And as it is with particular Persons, so may it be with a Society or Company of Men. One true Church in these Things differing from another, and the same Church differs from it self upon further Discoveries. A Sy­nod, a Parliament, they may judg such and such Things to be indifferent, that those that are to submit may sincerely scruple and stick at as Sin. If Churches and Men, savingly enlightned, are thus exposed to vary in their Apprehensions, we cannot be confident of any Council or Assembly made up [Page 13]of the most wise and prudent Men. Parliaments are chosen by Vote of the promiscuous Multitude, with respect (we would hope) to their Sufficiency in managing of our Civil and Temporal Concerns, but their Skill and Ability to dis­cern and judg of Matters appertaining to Order in the Ser­vice and Worship of God, all Men have not this Knowledg, this is little or not at all attended by those that elect them; by reason whereof, Matters wherein Mens Consciences are concerned, are not at all times carried by those that are most Conscientious in that Assembly, who are not always the Ma­jor part, yet notwithstanding are engaged in their Conscien­ces to assent and consent to such Determinations being made, though possibly near one half in number dissented in the pas­sing of them; and it is unavoidable in all and the best As­semblies that are chosen by the general Suffrage of a Na­tion.

3. Again, these Matters of Ceremony, and External Or­der, are sometimes managed in part with respect to a Party different in their Apprehensions, and thereupon form those Laws, with respect to Prudence as well as Conscience. In our first Reformation, it is said, such Superstitions are taken away, as Time would serve quietly to do it. And many things were left remaining in our Liturgy, (which otherwise would have been removed) in compliance with that Form of Di­vine Service, used before by the Papists, that they may not be provoked, but rather won thereby to our Religion. Wo­mens baptizing was continued in our Liturgy (saith the Bi­shop of Worcester) else the Book would not have passed the House, (Conference at Hampton Court). King James was once willing, that some Ceremonies giving Offence should be removed; but the Parliament then sitting thought it not prudent. And our Gracious King would have done a greater Matter for the Ease of Tender Consciences, (as appears by [Page 14]some of the Declarations herein after mentioned) but it stood not with the Prudence of the House, as they expressed in their Answer; without whose Concurrence his Majesty thought not fit then to do it.

4. From mistaken Principles: As that there can be no Unity without Uniformity; there can be no Discipline in a Church, without some Ceremonies of Humane Institution. Things indifferent become necessary in Worship, being im­posed by Authority; what Things in matters of Order are once established, and sometimes continued in the Church, may not with safety be altered.

These Things I offer not to derogate from Parliaments in their manage of such Affairs, but upon this serious Account only, To shew, that as our Civil Laws have made provision that the Church shall not in their Laws and Canons, order any Thing against Prerogative of the King, or the Laws and Statutes of this Realm in general, and that such Canons shall not be in force, (25 H. 8.19.) So likewise Laws and Statutes in Ecclesiastical Affairs, established by the Civil Power, if they be found to derogate from the Prerogative of Christ Jesus, or the Laws and Institutions of his Kingdom, ought not to be in force upon Mens Consciences. As Church­men being supposed not to be so well understood in Secular Laws, but may transgress; so may Secular Persons likewise, in their ordering about Church Affairs: There is therefore the like necessity of a Power to review, judg, and dispense with such Laws as shall be found to disturb the Consciences of peaceable Subjects, as occasion may urge thereunto. Hen. 8. by Commission (which was continued by Edw. 6.) appoin­ted thirty two Persons, eight of each Profession, to peruse the Canons of the Clergy then in force, to the end those might be removed that were any ways against the Crown and State. Those Kings might have done the like, in respect [Page 15]to those Canons and Ecclesiastical Laws enacted in Parlia­ment, if they be found to derogate from Christ or his Insti­tutions, or justly offensive to the Peaceable and Godly, that Dispensations might be granted for the present, until farther Reformation be obtained.

SECT. 3.

The Municipal Laws of a Nation, are from and con­formed to the Principles of Right Reason and Common Ju­stice only; and we have submitted our selves to the Resolu­tions of those wise and prudent Senators we our selves have made choice of, to enact and establish such Laws for us, and therefore may acquiesce in their Determinations without fur­ther inquiry, having given a kind of absolute pre-consent to such Laws as shall be enacted by them.

But it is not so in Ecclesiastical Laws entrusted with the same Persons, for as they are to be formed according to God's Word, which every Man is to take as his immediate Rule, and not to do or submit to any thing in his practice that hath the Notion of Religion, but what is conformable thereunto, he is to live and act by his own Faith. To Laws Ecclesiastical therefore made in Parliament, we give only a conditional Consent, that is, a Consent to them so far as they are agreeable to God's Word, and concur with Gospel-Rules. Nor is it in the liberty of any Man's Conscience or Reason to yield more, nor is there any more intrusted by us with our Representative, the Parliament. If a Man doth scruple the Reasonableness or Equity of a Law concerning Civil Rights, or what's required from it, he may notwithstanding yield Obedience without Sin; and ought so to do, rather than to offend by an appearance of Disobedience, as Christ himself did, Matth. 17.26, 27. But in Matters of Religion, even as Circumstances, Ceremonies, or the least thing wherein [Page 16]the Lord hath concerned his Word; if there be a Doubt or Scruple, whether lawful and conformable to the Scriptures, tho it be from Ignorance or Weakness, yet I sin if I submit, Rom. 14.1. compared with 23.

The Consequence of Transgression in this kind, is more than loss of Estates, Liberties, yea or of Life it self. If the Laws of Superiors, concerning Civil Rights, be unjust in themselves, or prove unequal from the Circumstances of this or that Man's Case, who cannot be relieved by any Indul­gence, he may submit without Sin, without transgressing any Law of God; nay, it is Vertue, and pleasing to the Lord, our patience in such suffering, 1 Pet. 2.13. with verses 18, 19. 1 Cor. 6.7. but not so in the Matters of Re­ligion, for we have from Christ to the contrary, that is, not to subject, Col. 2.20. And God blames his People by his Prophets, for wittingly walking after the Commandments, Hos. 5.12. and for keeping the Statutes of Omri, Micah 6.16. the Lord is a jealous God.

SECT. 4.

If there be not a Power to Judg and Dispense intrusted in some Hands, the People of God are in a worse condition on these Accounts, than in their Civil Interest, and that upon a three-fold account.

1. The Secular Laws and Statutes made in the behalf of the Subjects, are often, upon further Deliberation and Experience of Inconveniencies, altered and repealed, whereby the Subjects have ease: But Acts of Parliament, wherein Ecclesiastical Affairs, and Mens Consciences are concern'd, are seldom or never revised or altered, much less repealed; no not for the space of an hundred Years can we give an Instance hereof. So far are we from repealing Acts made in Ecclesiastical Affairs, as is ordinarily in our Civil [Page 17]Matters, that some Acts passed partly for their Severity, or upon some other Account, doubtful whether fit to remain as standing Laws, therefore are limited to a certain Time, after which to expire and cease: the severe Act of 35 Eliz. that in the Process of it reached Mens Lives, when first passed, was to remain a Law but to the end of the next Session of Parliament, which in regard of some Doubt it seems made whether in Force or not, is declared by the present Parliament to be in Force, and ought to be put in due execution. And now at this time there is a Minister of the Gospel under the Sentence of that Act; and for transgressing that Law, had lost his Life, had not his Ma­jesty interposed by his Prerogative. A wise Statesman once advised and expressed himself thus: I ask why the Civil State should be purged and restored, with good and wholsom Laws made in every three or four Years in Parliament, providing Remedies as fast as time breedeth Mischiefs; and contrariwise, the Ecclesiastical State should still continue upon the Dregs of Time, and receive no Alteration now for these many Years? We have heard of no offer of Bills in Parliament; is it because there is nothing amiss? Sir. Fr. Bacon.

2. In that all Proceedings in Ecclesiastical Courts, are ever to the utmost rigour of the Letter of their Canons and Orders; there is no Chancery or Court of Equity among them to appeal unto for Redress; but in some few Cases (as in Causes Testimentary, of Ma­trimony, Divorses, Tythes, &c. specified, 24 H. 8.12. Matters wherein our Estates are touched), But in Matters of Conformity, and such Cases wherein our Con­sciences are most concerned, we are left destitute.

3. Again, Men are upon this peculiar disadvantage in these Spiritual Courts, who are impeached for Non­conformity [Page 18]to their Canons and Orders, in that their Adversaries, and those that are Parties, for the most part are their Judge; this Sir Fra. Bacon, in his Con­siderations, condemned as a great Injustice: So that it is evident, considering the Nature of Ecclesiastical Consti­tutions, and how managed with us in this Nation; how necessary it is that some Power be placed some­where, by which we may not be exposed more than o­thers to such extremity of Rigour; for otherwise, as Con­sciencious Men are more disposed to Scruples and Doubts in the way of Duty in this kind, so to less Mercy and Indulgence from our Superiors.

SECT. 1.

THIS Prerogative or Power, to Dispense and Exempt from Ecclesiastical Laws, is in the Soveraign; for the Confirmation whereof, not to insist on what was ac­knowledged by Pope Eleutherius touching Lucius our first Christian King, that he was Vicarius Dei in Regno suo, in reference to Matters to be reformed; or is mentioned touching the Laws and Practice of King Edgar, and Ed­ward the Confessor named the First; Meae solicitudinis est quieti eorum consulare, de quorum moribus spectat ad nos exa­men. And of the other (from whom it is said much of our Law is derived) that describing the King's Office, he saith; Rex ad hoc est constitutus ut Regnum terrenum, Populum Dei & Ecclesiam regat, & ab injuriis defendat, & maleficos ab eâ evallat, destruat, & penitus desperdat, and much of like nature that might be urg'd from Antiquity. But to come nearer Home.

The Testimonies of the Clergy in Convocation, the Representative Church of England, who make it so great a Duty to acknowledg it, as they have expressed their Se­verity thus; Whosoevor shall affirm the King's Majesty hath [Page 20]not the same Authority in Cause Ecclesiastical, as the pious Princes of the Jews, and the Christian Emperors obtain­ed, &c. let him be Excommunicated, ipso facto, and not to be absolved but by the Arch-bishop of Canterbury. (Canons of the Convocation, 1603.)

2. I shall join with this Testimony, that of another Synod or Council, namely, that met in the Star Chamber, (a.Jac.) made up of all the Judges and Persons learned in the Law, summoned by King James for Resolution in some Ecclesiastical Causes, whereof this of his Majesty's Prerogative was one; their Resolution you have in these words; The King may, without the Parliament, make Orders and Constitutions for the Government of the Clergy, and pu­nish those that disobey or refuse to submit. And this, with other Resolutions in Ecclesiastical Matters, were ordered to be registred and recorded in the several Courts of Ju­stice.

3. And from time to time, the Kings and Queens of England, have assumed and exercised this Power, and there hath been no matter or thing so Sacred, and of such Concern­ment in these Affairs ordered by Parliament, but the like, and of as great importance by the King alone, with advice of his Council, Instances whereof you have many.

1. In general; The whole System and Body of Eccle­siastical Laws and Canons are published by the Synods of the Clergy from time to time: These Laws have no Parlia­ment Sanction, or dependance upon Authority thence derived an their Constitution. Nor yet have these Canons their Au­thority from the Synod or Clergy met in Convocation; for Canons concluded by the Province of Canterbury only, can­not oblige the Clergy of the Province of York, having no Representatives or Clerks sitting in that Synod; such was the Synod or Convocation met Anno 1584, 1597, 1603, [Page 21]and yet obliged to Subjection, the Arch-Bishop and Clergy of the Province of York as well as those of 1640: where were the Representatives of both Provinces? It's therefore the Regal Authority express'd in the Letters Patents affixed to these Canons, that gives them their chief Power, and are therefore termed Regiae Leges Ecclesiae: And whatsoever Can­nons or Laws published by Convocation would have been of the same Force and Efficacy to oblige the Subject, if only by the King with the Advice of his Council.

2. In particular; The several Injunctions, Advertise­ments, Declarations and other Edicts and Requirements from Sovereign Power by his Majesties Predecessors, you have in the Injunction of Edward 6.1547, and Queen Eliza­beth 1559, with Articles of Visitation thereunto adjoyned. They license Ministers to preach, and suspend also from preaching. There were Articles in the Time of Edward 6. for establishing an Agreement in Religion, and the rooting out Discords in Opinion 1552, and by Queen Elizabeth 1562. Also Edw. 6. established a Liturgy, or publick Form of Pray­er, to be used throughout the Kingdom 1547, 30 Eliz. after there had been an uniform Order of Divine Service, and to be used only in the English Tongue, established by Parlia­ment as the only Form, and no other, or otherwise: the Queen Anno 1560, by her Sole Authority published a different Form for Funerals, with Liberty to say it in the Latin Tongue, with a Non obstante in respect to the former Esta­blishment.

There were also Sermons or Homilies, a part of Divine Service, required to be read by the Minister, which being a matter of Ecclesiastical Cognisance, were appointed by Ed­ward 6, and Queen Elizabeth, and not by Authority in Par­liament.

4. King James by his Sole Power, without Authority of Parliament, giveth out Directions for Preachers under Pe­nalty [Page 22]of Suspension, ab officio & beneficio, wherein many great and necessary Gospel-Truths are forbidden to be prea­ched by any under the Degree of a Bishop or Dean. Some Truths may not be preached by way of positive Doctrine, but only by way of Use and Application; no Sermons in the After-noon throughout the Kingdom to be preached from any Text, but what is taken out of the Catechism, Lord's Prayer, Creed, or ten Commandments.

He gives Faculties, and confirms a new Body of Lectu­rers, or Preachers, throughout England, that be neither Parsons, Vicars, nor Curats.

These Instances, though not express'd of what these Pow­ers have dispensed with or indulged; yet are pertinent up­on this Account: What Sovereign Power thus put forth in Constitutions, Injunctions, Directions, &c. in Ecclesiasti­cal Matters, may in like proportion be exerted in Exempti­ons, Dispensations, &c. As with Parliament, and other Councils vested with Authority, the Power to repeal Laws and Statutes is as large as that Power by which they enact and establish Laws: For example, if King James (which is our last Instance) might by his Prerogative confirm and e­stablish a new Order of the Clergy, he may by the same Power dispense with and license such Preachers as now seem and are reputed so to be. And it follows also, if his Power will extend to indulge such Preachers, it will not prove short in respect to Hearers, that are as it were new in the way of their Assemblies, and indulge such as are not of the ancient Order of the Parochial Congregation of England.

SECT. 2.

The like Deductions might be drawn from other of those Instances. I shall notwithstanding for further Confirmation add other Instances, and such wherein you have this Power [Page 23]put forth in dispensing and exempting from what hath been burdensom to Mens Consciences from Parliamentary or E­piscopal Impositions.

1. That of Edw. 6. in the fourth Year of his Reign, cer­tain Protestants removing themselves and Families out of Popish Countries into England for their Consciences Sake, and being not free to submit to the Form of Worship and Discipline established in this Church: This good King by his Sole Authority granteth them the Liberty of such a Church-Government and Form of Worship (as we shall say more to in its place) as should be most suitable to their own Perswasion: This being utterly against the Provision and Settlement newly made by Parliament; he strengthens his Grant by a Non obstante the Statute, and strictly requires all Bishops and Majors, &c. to suffer them quietly to enjoy their Consciences.

2. Another Instance you have of the same good King; John Hooper being chosen Bishop of Gloucester, and there being certain Rites and Ceremonies established by Act of Parliament to be conformed unto in the Consecration of Bishops, offensive to his Conscience: Edw. 6. requires Arch-Bishop Cranmer to omit these Ceremonies, dischar­ging him of all manner of Dangers, Penalties and Forfei­tures he should run into, and be in any manner of way, by o­mitting of the same; and these our Letters (faith the King) shall be your sufficient Warrant and Discharge therefore.

3. The Instance you have also in what was done by Queen Elizabeth for relief of tender Consciences, namely, her Majesty being informed that in certain Places of this Realm, sundry of Her Subjects called to the Ministry, be­ing induced by sinister Persuasions, are scrupled about the Form of an Oath, which by an Act of the last Parliament was prescribed to be taken according to the Form expressed [Page 24]in the Act, under Penalty of being disenabled to bear any Office in State or Church. Her Majesty was graciously pleased to assume by her Power in Ecclesiastical Affairs, to give and declare such a Sense and Construction of the Words of this Oath, expressed in other Words (much dif­ferent) for their Satisfaction, with a gracious Declaration, That such Persons fit for the Ministry, as could not take the Oath in the Parliament-Form, should accept it in this Sense, and doing so, they shall notwithstanding be accep­ted by her Majesty as good and obedient Subjects, and ac­quits them of all manner of Penalties contained in the said Act, against such as should refuse to take the same. By which means many an able Man had Freedom to exercise his Ministry, which otherwise must be laid aside: which In­dulgence of hers, although against an Act of Parliament, yet was owned (as done by Lawful Authority) and re­cognised by the Parliament 5. Eliz. and her Exposition as­sented to and enacted.

4. This renowned Queen, together with King James and King Charles the First, confirmed the Indulgence and Dispensation granted by Edw. 6. to Strangers, yea though it was a Gravamen to the Bishop, making an evident Breach upon the Pale of Uniformity; for not only the Parents, but the Children, and Childrens Children which were natural Subjects to his Realm, Persons of great Estate, and Purcha­sers of Lands, and interessed in the Soil. The Number also of these Congregations increasing, and scituated in the eminent and chief Towns and Cities in the Kingdom, there to live and profess as separated and divided Bodies in Discipline and Worship from the Church of England, was not inten­ded by the first Grant: so Bishop Laud complains (there being only that one in London when the first Grant was made) such things were frequently suggested against them, yet these Princes were graciously disposed notwithstanding [Page 25]the Act for Uniformity from time to time to confirm the Grant of Edw. 6. by several. Orders past, some of them for­med as having special respect to such Objections which will not be amiss, for the Reader's confirmation, here to insert some of them at least.

These and divers the like Instances might be produced, which sufficiently evince it as granted on all sides, and con­stantly supposed to be according to the Constitution of this Realm, that our Kings and Princes have Power, in and from themselves, as an inherent and inseparable Preroga­tive, not only to injoin and give Laws to their Subjects in Ecclesiastical Matters, (such as are left to the ordering of any Civil Power) as also to dispense and exempt from Laws of that kind, though established by them in conjun­ction with the Authority of Parliament.

Nor do we find that Parliaments at any time have taken into Consideration, what was ordered or done by those Kings and Princes in Ecclesiastical Affairs, being their known Prerogative; no not in those of King James, who assumed the most in such managements; nor by any Petitions or Addresses to any of those Princes, which is usual in the Concerns of Civil Rights, for limiting or en­larging the Exercise of their Power in these Ecclesiastical Matters, but rather recognizing and confirming what hath been ordered by them, as in 5 Eliz. and Car. 2. in the Act of Uniformity; and other Instances many may be produced.

SECT. 1.

THere are Reasonings possibly tending another way in stating this Case: The Objections obvious I shall now mention, having divers material Considerations pertinent to a more full and clear stating this Case, which might have been produced in the Body of this Discourse, but are reserved rather to this place, partly, because we find this vulgar way of Dialogue, lets in Knowledg with less diffi­culty; and what is required by way of a Question, en­gageth him that proposeth, with greater attention to ob­serve what is said in the Answer.

SECT. 2. QUEST. II. But hath not the King's Prerogative Limits in our Laws? And are there not some Things which he cannot dispense with, no not with a Non Obstante?

Answ. I grant it, and in several Cases.

• 1. He may, by special Words in the Statute, bind up himself from making any use of his Prerogative.
• 2. In what is Malum in se, in respect of Impiety or Unrighteousness.
• 3. When such Dispensations are destructive to the great Ends of a Common-Wealth, Common Justice, the Proprieties of Men, &c.

1. To the first; His Majesty, or any of his Predecessors, hath not at any time, in any Statute or Law that concerns these Ecclesiastical Matters, by any such special Words bound up himself, but rather the contrary, as in those two Acts wherein more especially our Affair lieth: That for Uniformity, where the dispensing with that Statute gran­ted to Strangers, by sole Prerogative-Authority, is justi­fied. And the Act of 22 Car. 2. by the Proviso there in­serted, the Parliament seems to induce his Majesty's Assent in the recognizing of his Prerogative, so expresly in that Act, as if they spoke thus: Though this Act be very Se­vere, yet if it be found prejudicial, or not to attain the End for which we judg such Severity to be requisite; it is an Ecclesiastical Affair, and your Majesty may, when you please, dispense and exempt Persons from it.

2. There is nothing transacted in these Ecclesiastical Affairs by the Civil Magistrate, and as depending on his Authority, but such Matters as in the sense of our Law are things materially indifferent, and therefore not Malum in se, they do not bind the Conscience of the Subject, in the na­ture of them, considered in themselves, (Q. Eliz. Advertise­ments 1569, Preface) the keeping or omitting of a Ceremo­ny in it self, is but a small thing, yet the wilful and con­temptuous transgression and breaking a common Order, &c. So that these Precepts concerning Ecclesiastical Matters, oblige not in their own Nature, as what is either Bonum or Malum in se, but as prohibited or commanded.

3. Civil Rights and Claims, and in Temporal Things only, are of the immediate and intrinsick Concern and In­terest of all Republicks, Dominium non fundatur in Gratiâ; if the just claim of a Prince may not be interrupted, up­on the account he is of this or that Religion or Per­swasion; nor may a Subject be justly Banished, Impri­soned, Confiscated or Ruined, upon the meer account of Religion, or because his Conscience is not cast into the same Mould with the Prince or present Establishment.

SECT. 3. QUEST. III. Religion, and the Worship and Service of God, being the great Concernments of a Nation; Is it not then to di­spence with the Penalties in Ecclesiastical Laws, too great a Trust to be reposed in any one Hand?

Answ.

• 1. In what sense Religion is the Concern of a Civil Republick.
• 2. The Nature of this Trust.

1. The Moment or Weight of a Matter in our delibe­ration, hath its proportion, either as under an absolute or respective Consideration; Wisdom is better than Riches in it self, but not in relation to the support of present Life; the Knowledg of God, and Divine Things, is better than to know the Virtue of Drugs and Plants, but not so in re­spect to the study of Physick: so Religion, and the Wor­ship of God, is the chiefest and better part in it self consi­dered; but in its respective Consideration, as to the facul­ty of a particular Person, to a Community of Men for the advance of Civil Affairs. There are other Qualifications and Inducements of greater consequence, and more direct­ly and immediatly tending to the being, or well-being thereof.

That there be no Mistake in this great Concernment, I further distinguish; There cometh under the Notion of Religion, the Holiness and Righteousness that is of the Moral Law, Principles whereof are in all Mens Natures, and attend in their Actings by a natural Conscience.

2. Gospel-Duties directed and ordered by a Supernatural Light, no Foot-steps or Principles hereof are found in us. For the former; Religion in that sence, as the Knowledg of God, Conscience of an Oath, Justice and Righteous­ness in our Dealings, &c. are such Things wherein the Well-being of Common-Wealths is much concerned. But Religion, as it stands in the exerting Supernatural Princi­ples, and in Duties termed the Commandments of Christ, (as the other the Commandments of God, John 15.) as Faith, Repentance, Sacraments, Discipline, and the like Gospel-Ordinances: In the Duties under these Heads consi­dered, and as distinct from Moral Duties, there is little or nothing directly and immediately contributed by them to Mens Civil Interests, further than where these Superna­tural [Page 33]Vertues are planted in Mens Minds, the Moral Du­ties of Piety and Honesty do more plentifully abound, and are in exercise. As those Morals do more immediatly con­cern the Republick, so the Laws thereof are principally drawn forth out of them; especially Second-Table Duties, forming and moulding them into municipal Laws, under Penalties and Incouragements, greater or less, as in the Wisdom of a State may conduce most to the Welfare there­of. For these Gospel-Mysteries it's otherwise; for as they contribute little to us in our Civil Government, otherwise than as before mentioned; so is there little contributed by the Wisdom or Authority of any State, advantagious to the Gospel, but Protection, or being a Defence upon this Glory. Learned Bishop Bilson states it well; Princes (saith he) command, that which Christ the Sovereign Lord and Head of the Church commandeth, which is all the Power we give to Princes. (Of Supremacy, pag. 227.) And in the Page before, thus; By Governors in Ecclesiastical Matters, we do not mean Moderators, Prescribers, and Magistrates bearing the Sword, to permit and defend that which Christ himself first ordained and appointed.

But to return;

If Adam had stood, all Common-Wealths would have been prosperous and flourishing; and yet, no Christ, no Faith, nor Repentance, nor any Gospel-Worship known or practised: And since the Fall, you have had well-governed Common-Wealths of Turks and Heathens, that never re­ceived Christ, or Gospel-Worship. It is with States, as it is with particular Persons in converse; another Man's E­state, or Trade, or Credit, or any Civil Concern with whom I have to do, is not prejudiced or bettered by my omission or practice of what is a meer Gospel-Duty. If a Man I deal with, be unjust, lie, steal, &c. my worldly [Page 34]Interest is prejudiced hereby; but whether he repent for this, exercise Faith on Christ for Forgiveness, and humble himself, I am neither a gainer nor loser hereby, in the sense we speak of.

Now it is Gospel-Worship we profess in this Nation, Gospel-Religion. If the Duties themselves performed are of no greater consequence in respect to Persons with whom we converse, or the Civil State where we live, the Modes, Forms, and Ceremonies of such Worship, cannot be of such moment or trust in the manage of them: And let me add, much less can there be any such special advantage to our State-Concernments, in this or that particular exter­nal Form of Worship or Government, that it should be retained by us with so much Zeal and Contention; which evidently appears in this, how prosperous and flourishing hath this Nation been in their Civil Concerns under Epis­copacy, set Liturgies, Ceremonies, &c. and as great pro­sperity in other Christian Republicks, where these have been altogether disallowed.

Nor is this any dishonour to the Gospel, more than to the Kingdom of Christ, when it was said not to be of this World, or to his Person, or Offices, that they contribute no more to the setling of Civil Rights and Interests, Luke 12.13. or to Gospel-Weapons, which being Spiritual, and not Carnal, have no Edg to cut off Mens Liberties, Estates, or Lives.

2. The Nature of this Trust.

The Laws and Institutes by which these Ecclesiastical Matters are to be managed, are appointed and established for Substance, by the Wisdom and Authority of that one Law-giver Christ Jesus: The Application of these Laws, in respect of Circumstances, for the well and comfortable enjoying Gospel-Ordinances, is all that any Humane Wis­dom [Page 35]hath to do in them, the Trust whereof may be placed in the Hand of a wise and prudent Prince.

Again. There is liberty of an after-Judgment to be made by him; that is, to practise in what-ever is of the Con­cerns of Religion, commanded by Men. Thence such Laws require not such simple and peremptory Obedience, if conformable to those Rules required in the Word. Obe­dience thereunto is with respect to God, as well as Man; if otherwise, that choice ought to be left to the Subject, which the Apostle claimed, Acts 5.29. Although Mat­ters of Religion, and the Concerns of it, be great Things considered in themselves, and accordingly is the Trust, yet what of it falleth under the Hand of a Civil Power, con­sidered in it self, is not so.

Because the greatness of this Trust sticks generally in Mens Minds, especially when in the disposal thereof it de­pends upon the Will of one Man. To remove this or the like Stumbling-block, we will suppose failings in the ma­nagement of the Trust, as great as rationally can be ima­gined.

1. Suppose his Majesty should refuse, either by Himself or Parliament, to enjoin any thing of Ceremony, or Cir­cumstance about these Ceremonies and Externals, the Wor­ship and Service of God.

Or, 2. suppose he should dispense with all Injunctions, and leave the People of God to their Liberty in the obser­vance of them: the Premisses last mentioned being consi­dered, there can be no great prejudice to the Common-Wealth, or Civil Affairs thereby. Distinctly we shall weigh each of these.

1. For the former; If the keeping or omitting of a Cere­mony, in it self considered, is but a small thing, as we men­tioned before, and of such a nature, as although at first [Page 36]'twere of Godly Intent, and purposely devised, yet at length turned to Vanity and Superstition, and burdened Mens Con­sciences without cause, &c. as we our selves acknowledg, (See Preface to Common-Prayer Book). And of the same condition are most of those Impositions which have proved burthensom to the Nation a long time; and if so, the not imposing of these things cannot be prejudicial to Church or State. Not to the Church; if these Directions for Go­spel-Worship, in the external Circumstances of it, were not reduced into Canons and Injunctions, but left where they are to be taken up in practice according to the Light of the Age; as are Gospel-Duties of great Consequence. Those Scriptures by which States profess themselves to be guided in the forming of these Ecclesiastical Laws, are in­trusted also in the Hands of his Gospel-Ministers, for their conduct and direction in ordering Gospel-Affairs; who have Gifts and Assistances from Christ, in such a mea­sure and degree, as cannot be expected in the ablest States­man, as such. And the Ecclesiastical Laws are never so well ordered by Civil Powers, as when they consult with, and take advice and direction from the Ministers of the Gospel about them.

2. If there were no such severe Injunctions about the Forms and Modes of Gospel-Worship, (I speak not of such Duties of Religion in which Mens Natures are prin­cipled.) 1. The Nation could not hereby suffer in re­spect of its Civil Concerns but the Wealth and Trade, &c. much more prosperous. The Things being small in them­selves, and become great only upon the account of their [Page 37]being injoined, and the greatness of Penalties annexed, be­come of great concernment to the State, that is, to the great prejudice thereof, as hath been apparent in many Years sad experience. What is it of moment to Common-Wealths for the quickning of Trade, keeping up of Rents, &c. or any particular Man's Civil Concern, that Men kneel or not at the Sacrament, crossing or not, crossing in Baptisin? &c.

2. For the other; A dispensing with all Penalties an­nexed to Ecclesiastical Laws; where these Penalties are removed, yet these Laws remain as Counsels and Adver­tisements, and being consulted by the Learned Clergy in their Synod, and commended as useful in the Administra­tion of Worship, this is as much as ever was done by the Apostles, when Churches were in their greatest purity, who endeavoured not so much to establish an External Uniformity, as to preserve Christian Liberty.

If it be said, They had then no Christian Magistrates. 1. We say, The Kingdom of Christ must come into a Nation, before it be Christian; and if it be so defective in its first address, for want of such a Magistrate, and of the Means we put so great an Esteem upon, for reducing a People, how will the People ever become Christians? And on the other side; if the Gospel hath a sufficiency in it self, (with­out borrowing) to subdue a Pagan Nation to Christianity, much easier it is, being such, to preserve them orderly and regular Christians.

Paul having instructed and counselled, left his People free, and to the perswasion in their own hearts, Rom. 14.5. One Man esteemeth one day above another, another Man esteemeth every day alike: let every Man be fully perswaded in his own mind. That was but a Counsel or Advertisement. In the Act for Conformity, in 1. Eliz. given to the Arch-Bishop, [Page 38]Bishops, and other Ordinaries, that they would en­deavour to perform their Duties in the Execution of that Act; it was indeed very solemn, that is, from the Queen's Majesty, the Lords Temporal, and all the Commons in the pre­sent Parliament, and in God's Name, and as they will answer before God for such Evils and Plagues, as may be punish­ments for the neglect thereof. There hath been no want of Obedience hereunto by the Bishops, being fully perswaded in their Hearts hereof as their Duty; of which, if they had not been so perswaded, the severest Penalties would or ought to have been in vain.

King James orders, throughout the Kingdom, that the Afternoon's Exercise, each Lord's Day, be spent in exa­mining Children in their Catechism, instead of Preach­ing. This is only commended as the most convenient and laudable way of teaching in the Church of England, and that such Preachers be most encouraged and approved of: And how readily was this immediatly practised through­out the Nation? and is continued in many places to this day.

In the Establishment of Uniformity, 2 Edw. 6. a Li­berty was left in respect of Ceremonies, to practise or o­mit them, according as Men were perswaded in their Hearts.

By the Synod held 1640, some Rites there mentioned are heartily commended by them, to the serious considera­tion of all good People, as an Ancient and Laudable Cu­stom of the Primitive Church in the purest Times. And notwithstanding all this extolling those Rites, (which in­deed is as much as can be said for any of our Ceremonies) the Canon concludes thus; In the practice or omission of this Rite, we desire that the Rule of Charity prescribed by the A­postles may be observed; which is, That they who use their [Page 39]Liberty, despise not them which use it not; and they who use it not, condemn not those that use it. (Can. 7. 1640.) And this their counsel and commending hath not been in vain, but received and submitted unto throughout the Nation, by those who were so perswaded of these Rites, as they have commended them: And so would it have been in re­spect of other the Rites of our Church. And the free submission in practise of a Rite, though but from a fewer number of grave and pious Persons, would have advanced the Esteem of such Rites and Ceremonies in the Opinion of others, much more than the forced submission of grea­ter Numbers.

2. As a farther Answer, let us consider the Nature of the Crime, with respect to the Penalties. The Crime, as ex­pressed in our Laws, is a wilful and obstinate, or con­temptuous omission, as 1 Eliz. cap. 2. in the Act of Ʋ ­niformity; where these words, wilful and obstinate, I would think are not descriptive, and to be understood reduplica­tive as an Aggravation; and as if all Omissions must of necessity proceed from Wilfulness and Obstinacy, but di­stinctive, and to be understood specificative, some Omissions being from Wilfulness and Contempt; but there may be Omissions that are not so, and being not so, fall not under the Penalty, as killing a Man, and wilful Murder, &c.

That the words of that Act, 1 Eliz. and other Eccle­siastical Edicts, would so be understood, there are these Reasons.

1. We would not suppose this Law to be grounded upon so hurtful a Principle as this, That where a difference of Perswasion, in relation to a difficult Case of Conscience, that one Party is always wilful and obstinate, there is not a [Page 40]greater uncharitableness, and more opposite to that Chri­stian Love and Peace we ought to endeavour after.

2. It was not so judged by our Governors in that Age, when this Act of Uniformity (1 Eliz.) was established, but a more charitable Interpretation of Mens scrupling Obedience; as is evident from the Relief given to such by Queen Elizabeth, who, with the Advice of her Council, put forth a Book of Articles to be enquired of at the Visi­tation, and Presentations to be made accordingly; and of 56 in number, there was not among them one about such Rites and Ceremonies then established, that were offensive of purpose, as some judg, to abate the Rigour of that Act, and other Injunctions, which shewed they were not all Wilful and Obstinate that could not Conform. Some Mer­ciful Bishops, after this Example, framed their Articles of Enquiry with more moderation; and divers Ministers not fully conforming, enjoyed their Ministry under them: The more severe Clergy, observing the Liberty enjoyed more in some Diocesses than in others, made this Provision in the Synod, 1640, Can. 9. That for the better setling of Uniformity, there should be but one Book of Visitatory Articles, that the more moderate and indulgent Bishops might not have the forming their own Articles. The mo­derate Bishops themselves, did not judg that all Non-con­formity was from Wilfulness; nor would those many Dispensations and Exemptions before-mentioned, be gran­ted by our Governors, if they had judged those who came not up to the Establishment, disobeyed out of Obstinacy and Contempt, nor suffer some of them, as Queen Eliza­beth did, to preach before her in her Chappel.

3. That all Ecclesiastical Transgressions, even in Mat­ters that are little in themselves, are from Wilfulness and Obstinacy, (what this Act supposeth, if so interpreted) is a Maxim in Discipline, neither Christ nor Christian Churches were ever acquainted with. Christ in his Ec­clesiastical Proceedings against Sinners, distinguisheth be­tween the Sin it self considered, and as a Sin wilfully and obstinately committed, and hath appointed Means for the discovery hereof; and if the Sin be of Infirmity, a diffe­rent Procedure, and a more tender Dealing is appointed, Gal. 6.1. and not to apply Censures, and cutting off, but up­on the account of Wilfulness and Obstinacy; only we are willing to believe such is (I am sure ought to be) the Me­thod of our Process in these Matters, and what appertains to the Worship and Service of God, professing so frequently as we have done, That we take the Word for our Guide in the establishing these Ecclesiastical Laws.

4. Our Lawgivers judg the Purest Churches, those of the Primitive Times, were Voluntary Congregations of Believers, (as we said before out of Judg Hobbart) sub­mitting themselves to Pastors as God should move them, no Patrons then imposing upon them. Now there is no voluntary Act to which we are moved, but such motion is upon the account of something that is real or appearing Good. There is no rational Man can voluntarily join and become a Member of a Society or Congregation in such condition within his Partioipation, which is probable to be of greater Evil than of Good: It will be so with us, if this Act be interpreted Reduplicative, that is, whosoever omits a Ceremony, doth it obstinately, and shall suffer as such an one. I join voluntarily, in hopes to be edified in [Page 42]Knowledg, Zeal, Tenderness of Conscience; and where such Attainments are, there is a greater aptness to scruple Obedience to some one Thing or other injoined; which if we do, we are ruined or undone, first or last, so severe are the Penalties in the Process of them, whether Minister or private Christian: it will not be with a Man, (as the Apo­stle, if he will depart, let him depart) to lose the Privileges upon the account whereof we joyned, which is the Li­berty enjoyed in all Corporations and Societies, but must abide upon the place, and look on, while all be destroyed: What rational Man upon Election, and voluntarily will be­come one in such a Congregation? And this is the real and justifiable Ground of Separation, upon the account where­of many thousands of sober and peaceable Persons have de­parted, not only from our Communion, but their Native Country, for the advantage of that purer and primitive Order of a Voluntary and free Congregation.

5. In the Statute of 1 Eliz. it's not simply the refusing, or not using the Forms there injoined, but the doing it wil­fully or obstinately; Or, that the keeping or omitting of a Ceremony, in it self considered, is but a small Thing, as we mentioned before. I grant, Matters very small, being made the Subject of a Penal Law, or injoined for State-Ends, may thereby become great; the smaller the Matter is in it self in such a Case, the greater is the wilfulness in transgressing, and so may justly demerit a greater Punish­ment: But yet a Matter being small in it self, and as it stands the Subject of a Political or Civil Law; the same when it becomes the Matter of an Ecclesiastical Law, ought not to be formed with respect to State-Ends, or in ordine ad Temporalia, though it be a small Matter in it self, and as a thing meerly Natural or Moral, may [Page 43]notwithstanding be very great upon that account, and greater to the Person who scruples the Lawfulness thereof, than the greatest Penalty that can be incurred by refusal; for there is no Circumstance or Ceremony, that hath a constant Station and Place in the Worship of God for any Spiritual End designed (as ours are) but in their relation, and respect thereunto, are great, what-ever they are in themselves. These Laws therefore being Ecclesiastical, wherein God and Mens Consciences are so immediatly in­terested, the not conforming to them cannot be supposed a true measure to judg of Mens Wilfulness or Obstinacy; it would be a great reflection upon the Prudence (or the Charity at least) of our Laws and Injunctions so to inter­pret them.

If the greatness of the Penalty be said, not upon the Crime materially considered, but in respect of that evil Frame wherein we transgress, God only is the searcher of Hearts; and although by Overtures and Circumstances, something may be discovered this way, yet it is with great difficulty and uncertainty, especially when we trans­gress by Omission: the reason is, in positive Acts done by a Man, all the Faculties of the Soul are engaged, and exert themselves together at the same time; and in the Circum­stances of such acting, there remains those Overtures of such a frame of Mind, as a more permanent and exact Counterpart thereof. Omissions are many times when the Mind stands but half-bent, the Understanding not clear, the Will not determined; in an Omission there is nothing of the Man left upon Record distinctly to be read and con­sidered of by us, so that we can scarcely so much as guess from what Principles within an Omission doth proceed. And the uncertainty is far the greater, when it is noto­riously known, such Omissions may be from a good Inten­tion [Page 44]as well as a bad. To be able so far to dive into Mens Hearts, as distinctly to discover Intentions, is a Work more suitable to the Word of God, Heb. 4.12. than the Laws of Men; we would not therefore interpret these Laws in such a sence, as to render all Omissions to be up­on Principles of Wilfulness and Obstinacy: it would be more charitable, where so little Evidence can be produced, rather to judg the contrary of our Brethren and Fellow-Subjects.

6. This Act of Uniformity (not we hope in the In­tention of it, but in such an Interpretation) hath been the Original of all our Sufferings. If therefore that be not the true meaning of the Act intimated in his Majesty's gracious Declaration, namely, That upon what Principles soever Men submit not unto it, though from tenderness of Conscience in the greatest Evidence, yet thereupon to be punished with the loss of all their Spiritual Promotion: but if it appear from Obstinacy and Sedition, that such on­ly should suffer so deeply, by the addition of further Pains and Penalties as are in that Act inserted, what is more just and equal? If this yet be not the meaning of the Act, as it seems by constant Proceedings against the Transgressors of it; for what Man was ever relieved in any Court Ecclesia­stical or Civil, upon such a Plea, he omitted not such Ob­servations wilfully, but of Conscience? I say therefore, If that be not the sense of the Act, yet upon these Conside­rations but now mentioned, there is Evidence sufficient, that this gracious Dispensation of his Majesty, of such re­dundant Penalties (and of such a Nature) are all the Pe­nalties we are exempted from in that Declaration, is to be judged of as most Necessary, Prudent, Just, and Chari­table.

His Majesty being therefore perswaded, that many Mul­titudes (it's his Majusty's Expression, Declart. of Dec. 26. 1662.) suffered, being insnared in their Consciences, and not from Wilfulness; and his Charitable Opinion seems to be grounded upon an Observation of his own: It is evident (saith his Majesty) by the said Experience of twelve Years, there is very little Fruit of all those forcible Courses. The Will is a more unsteady Principle, and easily wrought to a Change upon Representation of Good or Evil. But Conscience is more fixed and incorrigible, it not being in our own Power to alter the Dictates thereof: as to be changed from our Natural State, was not in our Power; no more is the change of our Perswasions in Matters of Duty, Conscience being engaged, Phil. 3.15. but God alone doth it. His Majesty therefore wisely judged it would be less Injustice, and better for the Common-Wealth, that all such Penalties be removed, and suspended, when the exe­cution of them have been so constantly misapplied, and so much to the prejudice and disquiet of his Good Subjects. It is Righteousness, and not Ceremonies, that Establish a Nation.

SECT. 3. QUEST. IV. If the Penalties of all Ecclesiastical Laws be removed, these Laws themselves become impracticable; and when Men are left to worship in what Forms they please, will not that Ancient Establishment, of one Uni­form Worship and Government to be the same through­out this Kingdom, be utterly destroyed?

Answ. 1. For that which we term Uniformity in the Worship and Service of God, we find no other in the Apostolical Churches, but what arose from inward Prin­ciples, freely and naturally, these Principles being the same: as where there is the same Seed, there will be the same Blade, Stalk, Leaf, Flower. And there is an Uniformity from External Impressions, as in a Mould, these are con­strained, and forced. The former, is from the Lord, a Work of his Power, and there is beauty in it, Psal. 110. The latter is from Princes and States, wrought by the Power of their Laws and Penalties, and may have much hypocrisy, but little amiableness. The basest Metal, as well as pure Gold, will conform to the Mould into which it is cast. Such a conformity is no safe Character to distinguish who is fit, and who not, for Ministry or Membership; but the other is of great use in the Churches of Christ.

As the Wicked, who are a Seed of Evil-doers, are uni­form in their Practice, being acted from the same inward Principles, Eph. 4.17. So the People of God being bapti­zed into one Spirit, 1 Cor. 12. They live in this Spirit, and walk in this Spirit, Gal. 5.25. And as in other Duties of [Page 47]Piety and Justice: So in Church-Administrations, where Men are of the same Mind and the same Principle, they will all speak the same things, though not the same Words, in Preaching, in Praying, and Officiating in the Service and Worship of God, though there be no external Pre­scripts, or force of Humane Laws, to bring Men to an exact conscientious Uniformity in the Externals of Worship and Ceremonies, where there are various Apprehensions; this is not to be effected by the molesting of Men in their Li­berties and Estates, judging or censuring, or indeed by any humane Power; God himself that can do it, and establish Men in such an Uniformity, yet for Ends sutable to his Wisdom, leaves them various in their actings in this kind; one Man observing a Day, or the like Ceremonies, ano­ther observes it not; but mostly standing upon sincerity in those that practice, doing, or leaving undone, to the Lord, that is, out of Conscience; and this is the Apostolical Do­ctrine in Rom. 14.5.

That which we term Uniformity, an exact Indentity in Words, Gestures, and Vestments, Nature seems to teach us an example of a sinless neglect of; though there be a conformity in every Vine, and every Fig-tree, and the like works of Nature, one to another in their kind, yet for the Modes, and outward Form and Shape, you have not two of these that are conformable, and grow alike.

2. Nor can we say, but though all the Penalties (pro­perly such) annexed to Ecclesiastical laws, are removed; yet there will remain provision sufficient left in our Esta­blishment, both to keep and preserve Men in Conformity, that are so, and to reduce such as are not so: for his Ma­jesty hath been graciously pleased, as on the one hand, to assure the Orthodox-conformable-Clergy, that they shall receive and enjoy the Revenues belonging to the Church of England, [Page 48](the richest, most plentiful, and ample of any Prote­stant Church in the World) and that no Person, though dispensed with in other things, shall be exempt from paying his Tythes, and other Duties whatsoever. And on the other hand, That no Person shall be Capable of holding any Bene­fice, Living, or Ecclesiastical Dignity or Preferment of any kind in the Kingdom of England, who is not exactly confor­mable. Such Encouragements are also Privitive Penalties, and have brought and kept more to Conformity, than all the Penalties removed by his Majesty's Declaration.

When was it known that a Bishop, or Dean, or double­beneficed Parson, left his Promotion and became Noncon­formist; and others that have been bred up to Literature, at great Charge, having Gifts and Parts, would be so peevish as to refuse, being hereupon forced to divert from the way of a more free Education, to some mean Im­ployment to get a lively-hood, or live upon the Charity of others? (It is the Condition of hundreds this Day in Eng­land); And can we imagine any Men having such Incou­ragements in their Eye, and the more desirable from sense of their present Indigency, keep off, but from Integrity of Heart?

His Majesty, as a Common Father, hath the same Af­fections for all his Good Subjects, and never more prudence and tenderness manifested by any Prince, than be hath done in this his Gracious Declaration. One Party, such as Conform, injoy their Consciences with special Advanta­ges in Temporal Things; the other, they also enjoy their Consciences, with Freedom from those Severe Proceed­ings, and these are fatisfied also. And now let not any Man's Eye be Evil, because his Majesty hath been so good to their Brethren.

Let me say again, That his Majesty hath in Tender­ness and Prudence, done a great Work, and that which hath lain undone, to the disturbance of his good Subjects, more or less, ever since the Reformation; That is, in sa­tisfying, or laying a sufficient ground of Satisfaction to the two great Parties which divided this Kingdom, in the Matters appertaining to Religion; That is, in the Forms and Ceremonies of Worship, (In the Profession of Faith, and Articles of Religion, according to the establish­ment 13. Eliz. there is one Union in the acknowledg­ment of both Parties) and this without the least detri­ment or just prejudice of either Party; Those that Con­form, enjoy their Consciences, imploy their Talents, and reap the Encouragements of the established Government, without any loss or detriment to those that conform not; And this party, enjoy their Consciences and Freedom from suffering, and liberty to follow their Callings, without the least damage to the Conformist.

SECT. 5. QUEST. V. Is there any necessity his Majesty should exert a sole Power in Affairs of Religion, when the Peace and Unity of the Nation herein was undertaken by his Parliament, and many Things endeavoured that way by them, and Purposes (its likely) of a further progress therein?

Answ. For Answer, it will be necessary to insert here briefly a Narrative of some Passages of his Majesty and the Parliament in these Proceedings.

His Majesty observing how Affairs stood here in this Kingdom, and the Distractions that were on Mens Minds about Religion, and Forms of Worship; and considering [Page 50]there are but two ways supposed ordinarily to reduce a People again to Peace and Unity in Religion; (1.) Ei­ther by severity to discourage and extirpate; Or, (2.) by lenity and indulgence to bear with Dissenters. His Maje­sty considering those Forms and Ways of Worship, to which Conformity is now required, have not only been much scrupled, and contended against by Learned and So­ber Men, ever since the first Reformation; but of late ut­terly disfavoured by a Representative of the Nation, and a Synod of Learned Men. And different practices in the Service and Worship of God, by the present Powers that then were encouraged; and such which were not other but what was received and observed in the best Reformed Churches Abroad, and by the Dutch and French Churches here at Home. Upon these and the like Considerations, his Majesty chose, upon great Deliberation, the way of Indul­gence; it being also most suitable to his Conscience, and sweetness of his Nature.

This is Resolution he professed to all the World, and engaged himself by promise to his People, he would endea­vour the effecting thereof; which is more than evident in the many Declarations he made hereof, and repeated again upon all Occasions. He was pleased, in a Declaration from Breda, to answer a Liberty to tender Consciences; and that no Man shall be disquieted, or called in question, for Differences of Opinion in Matters of Religion, which do not disturb the Peace of the Kingdom. And in his Speech, July 17. 1660. professeth that he owes his Being here to God's Blessing, up­on the Intentions and Resolutions he had and expressed in that Declaration. This Declaration his Majesty afterwards (May 8. 1661.) terms a Promise solemnly made: This Decla­ration or Promise is so much upon his Royal Heart, that he tells both Houses, (July 8. 1661.) that so oft as he comes to them, he mentions his Declaration from Breda, that Him­self [Page 51]as well as they might mind it. In his Majesty's Declara­tion of Decemb. 26. 1662. he tells us, That he remembers the very words of the Promises from Breda, that concern Liberty of Consciences, and the Confirmations he hath made of them since, upon several occasions; and as all these Things are fresh in his Memory, so he is still firm in the Resolution of perform­ing them to the full. Feb. 10. 1661. in a Speech to both Houses; One Thing more I hold my self obliged to recommend unto you at this present, which is, That you would seriously think on some Course, to beget a better Ʋnion and Composure in the Minds of my Protestant Subjects in Matters of Reli­gion; whereby they may be induced to submit quietly to the Go­vernment, and most faithfully give their Assistance to the sup­port of it.

His Majesty did not only express his Purposes for the ease of Tender Consciences, but from time to time endeavou­red it. And first of all, by a Declaration (Octob. 25. 1660.) to all his Loving Subjects of England and Wales concerning Ecclesiastical Affairs, mentioning that from Breda, dispen­seth with the use of divers Ceremonies formerly injoined, that were offensive. March 25. following, he gave Com­mission to certain Learned Divines to meet at the Savoy, and take the Service-Book under consideration to the same purpose. May 11. 1661. frees from their Imprisonment such as suffered for Conscience.

The King and his Parliament happily joined in the same pious End, Peace and Union, yet differenced in their ap­prehensions of the Means to procure it; which was our great unhappiness. The Parliament judged the reducing and rooting out Dissenters, by severe Penalties, to be the means of Unity in the Church, as they tell his Majesty in Answer to his Declaration; Pressing the asserting of the Laws and Religion, established according to the Act of Ʋnifor­mity, [Page 52]as the more probable means to produce a set led Peace and Obedience throughout the Kingdom: Supposing (and possibly some of them perswaded thereunto, from those that never would distinguish betwixt Conformity and Sedition) the dissent of Nonconformists from the present Establishment, to be rather from a Spirit of Faction and Disloyalty, than Tenderness of Conscience, proceeded accordingly. The Act of Uniformity was renewed, and the Service-Book in­joined, with no alteration of what was formerly offensive in it, but some Expressions of greater difficulty to be digested by those that were Tender, and nothing done yet in what his Majesty had promised in way of relief to Tender Con­sciences.

Hereupon not only multitudes of faithful Preachers of the Gospel in the several Shires of this Kingdom, were put from their Imployment, but also the Minds of Men much disturbed, and filled with hard Thoughts and Jealousies up­on this Account. Insomuch that his Majesty was inforced to publish that Declaration of Decemb. 26. in which he ex­presses the Surmises of the People, occasioned by this Se­verity; thus, That having made use of such solemn Promises from Breda, and in several Declarations since, of Ease and Liberty to Tender Consciences; instead of performing any part of them, we have added straiter Fetters than ever, and new Rocks of Scandal to the Scrupulous by the Act of Ʋniformity. To this Surmise and Jealousy, his Majesty condescends to make Reply thus; As concerning the Nonconformance of our Promise, We remember well the very words of those from Breda, (repeating the words) and the Confirmations we have made of them since, upon several Occasions in Parliament; and as all these Things are still fresh in our Memory, so are we still firm in the Resolution of performing them to the full. But it must not be wondred at, since that Parliament to which those Pro­mises [Page 53]were made in Relation to an Act, never thought fit to offer us any to that purpose.

The House of Commons took his Declaration into consi­deration, and represented to his Majesty divers Objections against it, and laid it aside, so that nothing was effected thereby to his Majesty's Purpose; the Parliament being o­therwise minded, and certainly it is not only their Liber­ty, but Duty, to proceed in reforming Abuses by such Means as are in their Perswasion most suitable and likely to be effectual, otherwise they could not be faithful in their Trust. Greater Severities against Nonconformity are pro­vided, in several Acts upon occasion, as the Act against private Meetings, 16 Car. 2. The expelling Ministers five Miles from Burrough Towns, 17 Car. 2. Especially that Act of 22 Car. intituled, An Act to prevent and suppress Seditious Conventicles; An Act very high and heavy in the Penalties expressed, both upon Ministers and People, his Majesty notwithstanding condescended to give his Royal Assent to that Bill. It being judged this Severity was ta­ken up by them from good Intentions, and as the likeliest means of Peace and Union; as also if it proved not to be so, that they might be yet more fully convinced of the In­sufficiency of such a way, having had hitherto, for some Years, experience how little effectual it hath proved.

Yet this Bill containing nothing for substance, but what was proper to his Ecclesiastical Power, being an ordering the Externals of the Church, and nothing of immediate Concern in Civil Affairs in the whole Act: And his Maje­sty having intentions to take the other Course, if this of Severity effected not what was aimed at, a Proviso is con­tained in the Act, in these words; ‘Provided also, that neither this Act, nor any thing herein contained, shall extend to invalidate or avoid his Majesty's Supremacy [Page 54]in Ecclesiastical Affairs; but that his Majesty, and his Heirs and Successors, may from time to time, and at all times hereafter exercise and enjoy all Powers and Autho­rities in Ecclesiastical Affairs, as fully and amply, as him­self or any of his Predecessors have, or might have done the same, any thing in this Act notwithstanding.’

As this Act of 22 Car. 2. was very strict and severe in it self; so the execution of it, was with much Violence and Rigour in most parts of the Nation, there being Provi­sion made in it, such, as even loose and indigent Persons may intrude themselves in the promoting thereof, with encouragement not only of their Lusts gratified in perse­cuting those they so much hate, but their Necessities sup­plied from large Rewards for the same; Having Power gi­ven to inform against Justices, Mayors, Constables, and such as are intrusted in the Execution hereof, who are un­der great Fines and Penalties, for Omissions limited in this Act, and the Informer to have a Moiety hereof himself. In­somuch that by the rigorous execution of it, thousands of his Majesty's good Subjects were utterly ruined. Persons industrious and diligent in their Callings, driven from their Habitations, their Houses broken open, their Goods imbe­zeled; the Materials of their Trades, the Tools they wrought with, and the Beds they lay upon, seized and sold; Trade every where decayed, Rents of Land fallen, Pover­ty coming on like an Armed Man; Persons haled from these Meetings for the Worship of God, through the open Streets, to Prisons, being of the same Faith with us, and so peaceable and unblameable in their Conversation, as that nothing could be objected against them but in the Matters of their God; nor for any thing upon that account, but their endeavouring to practise as those Reformed Churches, we our selves own for such, and hold a Brotherly Commu­nion with as the true Churches of Christ.

The Nation generally being thus distracted and distres­sed, those in Power going on still to make Laws to afflict and punish, and others engaged quietly to suffer whatso­ever they should be exposed to for their Consciences: Mat­ters being at this pass, there was apparent necessity that some Remedy be speedily applied.

His Majesty considering they are all his Subjects, and how much by such Severity the Interest of his Soveraignty is narrowed, so great a number of his People rendred un­worthy of his Countenance and Protection, and upon no other Account or Crime, but their being of different Per­swasions in some Externals of Religion, Persons otherwise for Industry, Faithfulness, Loyalty, and every way qualified to do his Majesty and their Country as much Service as others.

His Majesty also calling to mind that prudent Caution which his Royal Father left him in these words; ‘Take heed (saith he) that outward Circumstances and Forma­lities in Religion, devour not all or the best Incourage­ments of Learning and Industry, but with an equal Eye, and impartial Hand, distribute Favours and Rewards to all Men, as you find them for their real Goodness, both in Ability and Fidelity, worthy and capable of them; this will be sure to gain you the Hearts of the best, and most too.’

It was likewise impossible for his Majesty to imagine that so many thousands (in his own Observation) who have suffered so greatly with such humble submission, should daily thus expose themselves and Families to ruin, from no other or better Principles than a Spirit of Obstinacy and Stubbornness; great Sufferings, and by great Multitudes, yet no Tumults, no Resisting, whereas in the beginning of the Reformation, what Armies in the North, and in the West, [Page 56]upon this Account, by those of another Perswasion, were raised, tho as yet they suffered little?

His Majesty, as a Common Father, beareth Affection to all his Subjects; but who of them deserves it, and who not, can never be discovered by this indiscriminating Se­verity; that is, who are Dissenters upon Principles of Conscience; and who of them so pretending, are notwith­standing of a Seditious Spirit?

These can never be distinguished one from the other, when Dissenters, and such as Conform not, be it upon what ground soever, are all of them equally branded with the same Mark of Disloyalty, and so represented to his Majesty, and all the Nation: There is a necessity that this Pretence of Conscience be removed, and Seditious Persons discovered, and left to condign Punishment; and others (these Stumbling-blocks being removed) may, by their peaceable Obedience to all other his Majesty's Laws, justify and vindicate their Integrity; which can no ways be done, while the Righteous are thus condemned with the Wicked; and no relaxing those Laws, that shut up all, both Guilty and Innocent, under the same Condemnation.

Of these Things his Majesty hath had a clear prospect all along, and thence publickly declared his avowed readi­ness (in his Proclamation July 16. 1669. and otherwise) to indulge Tender Consciences; and hath, upon the afore­mentioned, and the like weighty Considerations, been ne­cessitated to publish this his Gracious Declaration of March the 25th, 1671, wherein he hath fully performed his Pro­mise made at Breda, and so often repeated. Thus his Ma­jesty, as a Wise and Prudent Prince, whose Station is fixed in an higher Orb, (like the Sun exhaling and consuming, or turning to refreshing Showers the dark Fogs and Mists here beneath) hath, by the Light and Liberty shining [Page 57]forth from his Gracious Indulgence, refreshed multitudes of his Good Subjects, and delivered them from the dark misapprehensions of others. Nor is this their great Relief in any thing prejudicial, either to the Estates or Liberties of Men otherwise minded; nor are such Men abridged in any of their Concerns, Spiritual or Temporal, hereby; his Majesty hath made sufficient Provision for the satisfying their Consciences, in a careful continuing those Ceremo­nies and Forms of Worship they have been accustomed to; let it not be grievous or offensive unto them, that their Bre­thren have obtained the like favour from his Majesty in re­spect to their Consciences.

The Apostle requires, That we neither judg or despise those that differ from us, in Matters of the like Nature; but to leave a Man without molestation from us, to his own Master, to whom he standeth or falleth; his being in the right, or in the wrong (upon this account) is a Mat­ter of his Master's concern, What is it to us? What have we to do to discipline another Man's Servant, for what his Master is pleased to bear with him?

SECT. 6. QUEST. VI. Since these Ecclesiastical Laws of Restraint were enacted by Parliament, the King giving his Royal Assent, had it not been convenient, if his Majesty had so pleased, that the dispensing with these Laws had been by Parlia­ment?

Answ. 1. The Kings and Princes of this Realm, his Majesty's Predecessors, did Establish many Things and Or­ders by Parliament, relating to Ecclesiastical Things; but did yet nevertheless often exercise their own Power in di­spensing with the Penalties of such Laws. A constant act­ing with others in the exerting hereof, might (though no Prescription against the King) yet introduce at least in the Minds of Men a kind of suspicion, especially in the Vul­gar, that such Proceedings of the Supream Majesty by his sole Power, to be an assuming an Arbitrary Government.

2. The Parliament did still continue in this their former Opinion and Judgment, namely, That a way of Severity was the only Means to settle Peace and Unity. They had newly passed the Act for Uniformity, without any abate­ment of what was Offensive; by reason whereof, arose that general Discontent which before we have mention­ed.

His Majesty being sensible hereof, did, by that Declara­tion of Decemb. 26. move a second time, ‘That an Act might be prepared, whereby he may be enabled with a more universal acceptation, to exercise the Power of Di­spensing, which is inherent in him, not doubting their [Page 59]chearful cooperation with him, being a Matter wherein he conceived himself so much engaged, both in point of Honour, and in what he oweth to the Peace of his King­doms, which We profess (saith he) we can never think secure, whilst there shall be a colour left to the Malicious and Disaffected, to inflame the Minds of so many Multi­tudes upon the score of Conscience, with dispair of ever obtaining any Effect of our Promises for their Ease.’ The House returns this Answer, ‘We your Majesty's dutiful and loyal Subjects, who are now returned to serve in Parlia­ment, from those several parts and places of your King­dom, for which we were chosen, do humbly offer to your Majesty's great Wisdom, That it is in no sort advisable that there be any Indulgence to such Persons who presume to dissent from the Act of Uniformity, and the Religion esta­blished, for divers Reasons, whereof this is one; It will in no wise become the Gravity or Wisdom of a Parliament, to pass a Law at one Session for Uniformity, and at the next Session (the Reasons of Uniformity continuing still the same) to pass another Law to frustrate or weaken the Execution of it.’ So that now his Majesty had no other Remedy, but either.

1. To retract from that pious and seasonable Resolution for Liberty of Conscience, expressed in Letters to the Par­liament then sitting, from Breda, a Resolution so accepta­ble to them, as the whole House, Nemine contradicente, by Letters returned him Thanks, and bless the Name of the Lord, who put such reconciling thoughts into the Heart of the King; and he himself likewise owns an especial Bles­sing from God upon his Affairs, after he had expressed that Intention.

2. Or break that Promise he solemnly made, assuring this Liberty; and had professed to the World upon this [Page 60]Occasion, in his Speech May 8. 1661. that he valued him­self much upon keeping his Word, and whatsoever he promised to his Subjects, and that no Man can be his Friend, and wish him well, who would perswade him to the con­sent of the breach of that solemn Promise.

3. Or leave the Nation under greater Distractions and Sufferings about Religion than he found it in; and upon twelve Years experience of other means used, which tended rather to increase the Distemper.

These dishonourable Things, I say, his Majesty must have suffered and undergone, or make use of that Power God and the Nation have intrusted him with, though not with concurrence of Parliament, so much and so often de­sired by him, even so oft as He came to them, as he tells them in his Speech of July 8. 1661. Yet nothing at any time was done by the Houses, in respect to Liberty of Con­science, being obliged in their Judgments to proceed in the other way.

SECT. 1.

HIS Majesty's Gracious Declaration contains not a greater Indulgence; tho it be extended to a grea­ter number of Persons, than what was granted by his Ma­jesty's Predecessors (which before we have mentioned) to the French and Dutch Congregations.

1. There was a Uniform Order in Church-Government and Divine Service, to which not only his Majesty's Sub­jects, but all the Inhabitants of his Majesty's Dominions were to conform, and no Man to absent himself: And not to hear or be present at any other Forms of Prayers, and ad­ministration of Sacraments, than what is in that Book pre­scribed, under Penalties of Ecclesiastical Censures, Fines to the King, to the Poor of the Parish, &c.

2. The Dispensation and Exemption was by the sole Authority of the Soveraign, and stands thus; A Liberty to separate and absent themselves from the Parish Assemblies, where they had their Habitations, and to gather themselves into distinct particular Churches or Congregations, to chuse and ordain their own Ministers; also to establish such a Church-Government, or Discipline, and Form of Worship and Divine Service, as they amongst themselves judged to be most conformable to the Scriptures, established by his Majesty's Patent as a Corporation within it self, and inde­pendent upon any Superior Jurisdiction Spiritual but his Majesty's: And all Bishops, Mayors, Sheriffs, &c. to pro­tect them, and suffer them quietly to enjoy and exercise these Liberties, with a Non Obstante, &c.

3. The Grounds and Considerations upon which such Li­berty and Exemptions were granted, were these:

• 1. The Care of Religion that ought to be in all Christi­an Princes, and to be shewed forth especially in this, the Relief and Incouragement of those that are of the same Re­ligion, in their Sufferings for Conscience of their Duty towards God.
• 2. Persons of the same Religion with us, and Sacraments administred by them, according to the Word of God, and practice of the Apostles, ought to be tolerated in their [Page 62]way of worshipping God, though they differ from us in Ceremonies and Discipline.
• 3. The Kindness we found in other Protestant Coun­tries, when we were forced to leave our Native Soil for preserving our Consciences.
• 4. There were also great Advantages in Matter of Trade, for their skill and industry, to the great benefit of this Na­tion, and prejudice of their own. L. Herbert's History of Hen. 8.

The Premises considered, we further say;

1. His Majesty's Protestant Subjects here spoken for, to whom this Gracious Indulgence is extended, are of the same Religion with others of his Subjects, and the present Establishment, in respect to Matters of Faith and Worship in external Forms; also they are not more differing from the Church of England, than those Congregations to whom the same Indulgence hath been granted by his Majesty and Predecessors, and is still enjoyed.

And when those Strangers had removed their Families, and come among us, had not this gracious Indulgence been granted and continued to them, their Consciences would have engaged them to depart hence, and seek Habitations where the like Liberty might be obtained. And this also is our Condition; many hundreds of his Majesty's Sub­jects, with their Families, have left their Native Country, and dispose themselves into other parts of the World upon the same account.

2. If it be so grateful a Charity, and deserving so solemn an Acknowledgment, the kind Entertainment our Subjects have found in other Parts, when not suffered to live in their own Land, upon the account of Conscience, doubtless it is a greater Charity to be so indulgent to our own, as not by Se­verity to enforce them for Conscience to become Strangers in other Countries.

3. And for Matter of Trade, Advantages have been great by encouraging those Strangers; but the Disadvantages in the same kind far greater by the late Severity, by which our own Subjects have been so greatly discouraged; not only those Hands hang down, that were most industrious in hold­ing up the staple Trade of the Nation; but by reason of Artificers removing into other Parts for their Consciences, the Mysteries of our chiefest Manufactures have been made common, and others therein become equal, if not exceed us: A great sense hereof his Majesty hath expressed in his Gracious Declaration.

Object. If it be said, These be Strangers, Objects of Chari­ty, being driven out of their own Country, understood not our Language, they were Educated and accustomed to other Forms of Discipline and Worship.

Answ. 1. It's true, the first Grant of this Liberty was to such; but in process of Time, these Churches were in­creased and spread throughout the Nation; and this Grant being confirmed by Q. Eliz. K. James, and K. Charles I. to their Children, English born, and born Subjects of this Realm, they had the same Liberty granted them as former­ly was mentioned; insomuch, as the Persons now enjoying this Liberty, are his Majesty's Native Subjects.

Answ. 2. The greatest number of his Majesty's Prote­stant Subjects, that have benefit by his Gracious Indulgence since they have had understanding, have been trained up in, and been acquainted with no other Forms of Discipline and Worship, than what was found amongst us at his Ma­jesty's return, the other, formerly establish'd, having been for many Years totally disused. King James himself be­ing educated under other Forms, when he came into Eng­land, [Page 64]scrupled many Things in our Liturgy and Rubricks. Conference at Hampt. Court. Finally;

It is now more than a Century of Years, wherein these Churches have enjoyed this Indulgence; there hath been much peace and quiet among themselves, following their Callings without disturbance; neighbourly and friendly Converse with those that are of different Perswasions in Matters of Religion.

No Disputings or Reasonings about it, no Judging or Despising; experience hereof we have, beyond denial, in London, Norwich, Canterbury, &c. where diversity of pra­ctices, in the Forms of Discipline and Worship, are con­stantly held forth in the view of all Men for so many Years. And why should not we expect the like peaceable and in­offensive Converse mutually between those that now enjoy the like Liberty, from this Gracious Declaration, and o­thers of our Brethren, whose practice is otherwise.

The Lord, who hath put this into the Heart of the King, may put it also into the Hearts of our Senators to be like-minded with him. And as his Majesty hath con­descended to them in their way for the space of these twelve Years, (as he tells them); so it is to be desired that they (if it may stand with their great Prudence) would concur with him but half so long, in the way himself hath chosen, for the Peace and Union of his Subjects in Matters of Religious Worship; or at least until there be the like evident Experiments of the Ineffectualness of it.