Answer to Dr Stillingfleets Sermon, Bill
A Bill Exemplified to the Purpoſe of theſe Sheets.
WHereas there are many Jealouſies riſen about Popery, which makes it even neceſſary to the Peace of the Nation, that the Proteſtant Intereſt be united and ſtrengthned by all good and lawful Means: And to this end, there being this one proper Expedient, to wit, the removing the Occaſioa of Diviſions, which ſeveral Perſons do find to themſelves in thoſe late Injunctions, which yet were intended to the ſame purpoſe of Concord in the Nation: Be it Enacted, —That an Explanation of theſe Impoſitions, and ſuch Alleviations, be allowed to the tenderly Conſiderate, and peaceably Scrupulous, as follows.
In the Act of Ʋniformity, By the Declaration of Aſſent and Conſent to all Things, and every Thing contained in, and preſcribed by the Two Books, Of Common-Prayer, and of Ordering Prieſts and Deacons, we underſtand not, that theſe Books are in every minute particular, infallible, or free from that Defect, which is incident to all Human Compoſure: but that they are in the main Contents, to be ſincerely approved and uſed. And we do therefore allow this Declaration to be ſufficient, if it be made to the uſe of the Book, in the Ordinary Conſtant Lords-Day Service, notwithſtanding any Exceptions ſome may have againſt ſome Things in the By-Offices, and Occaſional-Service, the Rubrick, and otherwiſe. And for the Ceremonies, which are made, and have been always, and on all hands, held to be only indifferent Things, we think fit that they be left to the Conſciences and Prudence of Miniſters, and People, every where (excepting the Cathedrals) to uſe them, or forbear them, as they judge it moſt meet for their own and others Edification. Provided, that if any Perſon will have his Child Baptized with the Sign of the Croſs, or ſtands upon any thing elſe, hitherto required by the Service-Book, if the Miniſter himſelf ſcruple the Performance, he ſhall have always ſome Aſſiſtant, or Curate, ready to do it.
Theſe Materials were provided, during the ſitting of that Parliament, which paſſed the Act of Uniformity, and other the like Rigorous Acts; and are therefore drawn up in the Form of an Explanatory Bill, becauſe it was ſuppoſed, they were not like to Repeal their own Acts, though they might be got to Interpret them. But now we have a New Parliament, and that after another alſo Diſſolved we may expect quicker work: Yet will the propoſing theſe Things ſtill to view, have their uſe, both for repreſſing ſuch as have ſaid, The Non-conformiſts know not what they would have; and ſetting ſome Meaſure to our own Deſires, and the Parliaments Condeſcenſions about the ſame.
In the ſame Act, By thoſe Words in the Subſcription, that It is not lawful to take Arms againſt the King, upon any Pretence whatſoever; we intend no new or ſtrange Thing, but the rightful Maintenance only of the King's Authority againſt Rebellion, according to the common Determination of Learned Writers, in the Caſe of Subjection to Princes. By the Words, I abhor the Poſition of taking Arms by the Authority of the King, againſt any Commiſſionated by him, we never thought of Advancing the Arbitrary Commiſſions of the King, above Law; but by thoſe Commiſſionated by him, we underſtand ſuch as are Legally Commiſſionated, and in the Legal Purſuit of ſuch Commiſſion. By the Clauſe which follows, that requires a Renunciation of all Endeavour of any Alteration of Government in the Church or State, we never meant to deny any Free-Born Subject his Right, of Chooſing Parliament-Men, or Acting in his Place for the Common Good any way, according to Law; but that he ſhall Renounce all ſuch Endeavour, as is Seditious, or not warranted by the Conſtitution of the Nation; and particularly, ſuch an Endeavour as was Aſſumed in the late Times, without, and againſt the Conſent of the King. And for the reſt of the Subſcription, which is enjoyned but to the Year 1682. Be it enacted, that it ceaſe preſently, and be no longer enjoyned.
Our Reaſons for theſe Interpretations, appear in our Arguments before, againſt the Oxford Oath, and this Subſcription; which we can by no means ſubmit to, without them. There is moreover this Clauſe [And I will conform to the Liturgy of the Church, as it is now by Law Eſtabliſhed] we deſire may be ſpared; becauſe upon our Declaration before of Aſſent and Conſent, (which muſt be the Bounds of our Senſe thereof) it is needleſs altogether, and can ſerve but for a Snare only to Mens Conſciences.
And foraſmuch as there is an Oath preſcribed and required of all Non-conformiſt Preachers, that Reſide in any Corporate-Town, by a certain Act of this Parliament, made at Oxford in the 17th. Year of His now Majſties Reign, Entituled, An Act for reſtraining Non-conformiſts, from inhabiting Corporations: We do further declare, That it ſhall ſuffice any Man, for the Enjoyment of his Free-born Liberty, of Inhabiting where he think beſt; and ſerve him alſo inſtead of the fore-mentioned Subſcription; to take that Oath in this Form of VVords following. I A. B. do firear, That I hold it unlawful upon any Pretence, to take Arms againſt the King, his Government or Law: And that I diſclaim that dangerous Poſition, of taking Arms by his Authority, againſt his Perſon, or any Legally Commiſſionated by him, in the Legal Purſuit of ſuch Commiſſions: And that I will not Endeavour any Alteration of Government in the Church or State, in any way or manner, not warranted by the Conſtitution of the Kingdom, or any otherwiſe than by Act of Parliament. And as ſoon as any Man hath taken the Oath thus, he ſhall be diſcharged of all Penalty for his Omiſſion before.
This Oath is of the ſame Contents with the Subſcription before; and to impoſe both, is nothing elſe but the multiplying Wrath, and laying Load on the already Laden.
VVe do declare moreover, That whereas it is required alſo in the Act of Ʋniformity, that every Miniſter who enjoys any Living, or Eccleſiaſtical Preferment, ſhall be Ordained by a Biſhop; and there are ſeveral Perſons of late, who in caſe of Neceſſity, for want of Biſhops, took Presbyterian-Orders: Our meaning is not in any wiſe to diſguſt the Reformed-Churches beyond the Seas, and make it neceſſary for ſuch to be Re-ordained to the Office; but that they receive this Second Impoſition of Hands, to the Exerciſe of their Office in the new Charge, unto which they are, or ſhall be called; and that the Biſhop ſhall frame his Words accordingly.
There is Reordinatio ad Officium, which (we ſay) is generally decryed by Divines: or Re-ordinatio ad Exercitium particulare, which may be irrefragably proved from Acts 13.2, 3. with Acts 14.26. and conſiquently allow'd to ſerve this Occaſion.
And whereas there is a Subſcription alſo in the Canons, and the Canonical-Oath of Obedience, impoſed on moſt Miniſters by the Biſhops, that have given ſome of the greateſt Occaſion to Non-conformity heretofore; which yet never paſſed into Law by any Act of Parliament: We do further declare, That nothing more of that kind ſhall be required of Miniſters hence-forward, than was made, and held neceſſary, by the Act of the Thirteenth of Elizabeth.
If the Oaths of Supremacy and Allegiance be taken, and the Articles of the Church ſubſcribed, and the Declaration before to the Common Prayer, made, we ſee no need of boyling over theſe Three Things again for us, in the Canons, unleſs it be for a Crambe Repetita, on purpoſe to Ki… us. Neither do we think the putting any Honeſt Men who fear God, cut of the Vineyard, to be ſo good a Thing for her, that our Wiſe Church of England ſhould uſe ſo much Care and Induſtry as She takes, that ſhe may not miſs to do it.
And in regard there hath been great Offence taken by Conſcientious Miniſters, at the Biſhops, (or their Courts) commanding them to read the Sentence of Excommunication againſt ſome or other of their Pariſh, for ſuch Faults as they think not at all worthy of ſo great a Cenſure: We declare it but a juſt Thing, that every Miniſter be firſt ſatiſfyed in the Cauſe, or elſe be exempted from the Execution of that Charge; and that the Biſhop (or his Court) provide ſome other Perſon, that is ſatiſfyed about a it, to do it.
As we think, there is no Elder in the New Teſtament, who is not a Paſtor, and that there is no Lay-Paſtor; ſo do we account, that there is no Paſtor or Preſbyter, but ſuch as have the Power both to Rule and Teach, committed to them by Chriſt: Yet do we for al that, apprehend it not only Lawful, but Expedient, for the ordinary Minister of our Parochial-Congregations, (when the Church is National) to commit part of their Charge, (to wit, that of Ruling) in Actu Secundo, to ſome few among them, who are more Eminently fitted for the Work (that is, the foreign) and conſequently to the Biſhop: So that, if this Fundamental Right of Governing their own Flocks be but acknowledge a to Reſide in every Presbyter, by granting ſo much to us as this (and what bath preceded) comes to, we ſhall be unwilling to fall off from Epiſcopacy, upon the Points of Ordination and Juriſdiction.
And to the intent, that a free Search after Truth may not be diſcouraged in the Purſuit of Concord, and many other Scruples avoided upon that Account: We declare, That though an Authentick Interpretation be required, as to the Subſtance of all Laws, yet in the Articles of the Church, (which are Theſes for Agreement, and not Laws) and the Homilies, a Doctrinal Interpretation ſhall be held ſufficient for an Aſſent or Subſcription to them.
The Authentick Interpretation of an Article, is the Meaning of the Major Part of the Convocation: A Doctrinal Interpretation, is the Meaning of any one of the Doctors there preſent, (and conſequently, of any other Learned Expoſitor) who are ſuppoſed to have the Liberty to abound in their own Senſe, ſo long as they can agree in the Words of the Article Eſtabliſhed. And this Clauſe therefore we put in upon Mature Conſideration, in regard more eſpecially to the Conſcientious Latitudinarians, who being ſome Arminian, and ſome Calvinian, cannot otherwiſe Subſcribe the Doctrine of the ſame Theſes; as the Reader may ſee more in ſuch another Book as this, call'd The Healing Paper, out of which this Bill for Union is newly Collected; as out of ſeveral other Papers of the ſame Author, the whole diſcourſe beſides (excepting a little new) was pick'd up, and in the Year 75 laid thus together
And becauſe the very Superintendency of Biſhops, and that Subjection to them which is required by the Conſtitution of the Realm, is or may be an Hinderance to many ſober Miniſters, and other Proteſtants, of coming into the Church, who are ready to conſent to the Doctrine, but not to the Diſcipline or Government of it: We do declare, That ſo long as any Perſon or Party do acknowledge the King's Supremacy, as Head of the Church in this Nation, and obey their Ordinary, or the Biſhops, in Licitis & Honeſtis, upon the Account of his Authority (committed to them for the Exerciſe of that External Regiment Circa Sacra which is granted by all our Divines, to the Higher Powers in every Nation,) it is enough for the owning Epiſcopal Jurisdiction (ſo far as they do own it, in the Declaration of Aſſent and Conſent, or in any other Part of Conformity), and ſhall ſerve them to all Intents and Purpoſes in Law, no leſs than a profeſled Belief and Acknowledgment of the immediate Divine Right of it.
That is, Although there be ſome that cannot acknowledge our Dioceſan Prelates to be Chriſts Officers, diſtinct from the Elders in Scripture: Yet ſo long as they can live Peaceable Lives, in Obedience to them, as Eccleſiaſtical Magiſtrates under His Majeſty, for the keeping the ſeveral Congregations, in their Precincts, to that Goſpel-Order, which themſelves allow, and for ſuper-viſing their Conſtitutions in things indifferent, that nothing be done, but in Subordination to the Peace of the Kingdom, (which is a Notion wherein the Judicious of every Party may acquieſce, and expreſſed by us therefore in theſe very Words before, p. 31.) it is ſufficient unto National-Church-Ʋxion.
Be it therefore Enacted by this Preſent Parliament, That if any Perſon be willing to Conform to the Preſent Eſtabliſhment of the Church of England, and her Service appointed according to theſe Explanations, Alleviations, Declarations, Lenitives, or Cautions, he ſhall be admitted to any Eccleſiaſtical Preferment, and enjoy the uſe of his Miniſtry without any Moleſtation: All Statutes, Canons, or Laws to the contrary notwithſtanding.
And for the making this Act of better Signification to the Concerned, and the Prevention of that Scandal which is raiſed on the Clergy, through the Covetouſneſs of ſome, in heaping up to themſelves all the Preferments they can get, when others have ſcarce Subſiſtance for their Families, and the Souls of many People are thereby neglected: Be it farther Enacted, That no Clergy Man for the Three next Years enſuing, be ſuffered to Enjoy any more than one Living, or Cure of Souls, and one Dignity, (or other Eccleſiaſtial preferment) at one time; and that every Man (without Exception) that hath more than one of Either, ſhall immediately give up the reſt to be diſtributed among thoſe who ſhall be brought off from their Non-conſormity, upon the Terms of this Act into the Eſtabliſhed Order. Which that they may alſo be obtained, and poſſeſſed with a clean Conſcience, and that grievous Corruption of Simony may be Extirpate out of the Land: Be it enacted moreover, that every Patron that ſhall henceforward preſent his Clerk to any Living, ſhall have the Oath called The Simonianal Oath, impoſed on himſelf, no leſs than on the incumbent: And if he refuſes to take it, that then the Biſhop ſhall have immediate Power (taking only the ſame Oath) of Preſentation in his Room.
We propoſe theſe Things, we confeſs, as if we were in Republica Platonis; but we ſhould be glad to ſee any Fruits of this kind, as thoſe who art in Faece Romuli may expect. What is Right and Juſt, and ought to be done, is one thing, and to be ſought; though what is like to be done, or will be done, is another.
And foraſmuch, as there are ſome Miniſters of a good Life, that cannot (according to their Judgments) allow of our Parochial Churches, nor a Book of Liturgy; but do chooſe to Worſhip God and Jeſus Chriſt, in the way of their Gathered or Separate Congregations; and crave the Protection and Clemency of the King, upon their Allegiance: as other Subjects: be it finally Enacted, for the Happineſs and quiet of the Realm, and the Reduction of theſe Men by other means than thoſe which have hitherto proved unſuccesful, that every Chriſtian Subject throughout the Land, that profeſs the Reformed Religion, and be not Convict of Popery, be pardoned all Faults and Penalties, incurred upon the Account of any Fore-paſſed Nonconformity; and that they ſhall not,*Ʋntithy a farther Act of Parliament, or a Convocation, thoſe that are fit to be Tolerated, and the intolerated, be distinguiſhed. during theſe Seven Years next enſuing, be proſecuted upon any Penal Law for their Conſciences, in the Matter of Religion; They carrying themſelves Innocently and Peaceably, with Submiſſion to the Civil, and without Diſturbance to the Eccleſiaſtical Government, now ſetled in the Nation: All Statutes or Canons to the contrary not withſtanding.
There are two Parts of this Bill; one for Concord or Coalition with all ſuch as can joyn in Parochial Communion, in the Clauſes before: The other for Forbearance of thoſe that Cannot, in this … Clauſe. For, what ſhall we do with ſuch? We muſt not Knock them on the Head: They muſt therefore have Time. If the Parliament will begin with the laſt firſt, that is, a Suſpenſion of the Penal Statutes, and then let us treat for a Compoſition after, we conſent with all our Hearts, and like the Method beſt. Then Abner called unto Joab, and ſaid, ſhall the, Sword devour for ever! Knoweſt thou not that it will be Bitterneſs in the latter End! How long ſhall it be, ere thou bid the People return from following of their Brethren.
In ſhort.
A Repeal of all our Laws about Conformity unto the 13th. of Elizabeth, or A New Act of Ʋniformity, or, The King's Declaration concerning Eccleſiaſtical Affairs at His firſt Coming in, turn'd into a Law, were Comprehenſion.
His latter Declaration to all his Loving Subjects (ſome few Things in Both yet a little conſidered) made ſo, were Indulgence.
A Bill for Comprehenſion with Indulgence, both together, will do our Buſineſs. An Addition, or Clauſe in it, againſt Pluralities, will do it with Supererogation.
Deo Gloria.
End of the text · John Humfrey, Answer to Dr Stillingfleets Sermon (1680)