Ecclesiastical Laws and Supremacy of the Kings of England, Chapter 4

Ecclesiastical Laws and Supremacy of the Kings of England · Chapter 4

p. 15CHAP. IV. Of Objections againſt this Power, and the exerting thereof, with Anſwer thereunto.

THere are Reaſonings poſſibly tending another way; the Objections obvious I ſhall now mention; having diverſe 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 DIALOGƲE lets p. 16in Knowledge 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.

Queſt. If ſuch a Power be in the King, may it not be thence inferred that be hath Power over the Conſciences of Men?

Anſw. 1 There is nothing in this Power or the execution of it, but only taking off Reſtraints, as to the outward Duties which the Law requireth, and the preſſing ſuch things upon it as are contrary to its light and dictates. And the Power which Protects Conſcience in its external actions, and takes off all fear and Impoſitions from it, is ſo far from being a Power over the Conſciences of men, that it is a neceſſary requiſite for acting of its own Power in obedience unto God. Neither, 2. doth it follow, that if the King may ſuſpend the Execution of Eccleſiaſtical Lawes, that in the like caſes he may make ſuch Lawes: for the Suſpenſion of Lawes belongs to the executive, but the making of them to the Legiſlative Power, which are diſtinct; and in the making of Lawes with Penalties annexed, the Liberties, Eſtates and Lives of the Subject are concerned; but in the ſuſpenſion of thoſe Lawes no man is damaged in what is ſecured to him.

Queſt. If ſuch a Prerogative be in the King, what need Eccleſiaſtical Lawes be tranſacted and eſtabliſhed by Parliament?

Anſw. 1 That if His Majeſty is pleaſed in theſe Affairs at any time to take in the Advice and Aſſent of his Lords and Commons in Parliament, it doth not alwayes evidence His Majeſty's Power as inſufficient of it ſelf for ſuch actings. Such a favour may proceed from a Condeſcention upon the account of a more popular Acceptance: that our hands may be faſtened more firmly in obedience to thoſe Lawes and Commands in the forming whereof they have been aſſiſtant. Take it anſwered in His Majeſty's own words, Declar. of 26. Dec. 1662. to concur with us in making ſome ſuch Act as may enable us to exerciſe with a more univerſal satisfaction that Power of DISPENSING which we conceive to be INHERENT in us, or as alſo it is by the above-named Learned Judge Hobart expreſſed. Theſe Statutes and the like were made (ſaith he) to put things in ordinary form, and to eaſe the Sovereign of labour; but not to derogate from his Power.

Anſw. 2 Powers ſufficient in themſelves may joyn, and in ſuch conjunction remain entire as Powers Cumulative, and not Privative, as is evident from what is ſaid in the Statute of 31^o H. 8. cap. 10. The King's moſt Excellent Majeſty, tho it appertained to his Prerogative Royal to give Honour as p. 17ſhall ſeem to his Wiſdom, he is nevertheleſs pleaſed and contented for an Order to be had, &c. by this High Court of Parliament, that it ſhall be enacted by the Authority of the ſame, ſelf-diſtinct from that capacity wherein he ſtands in conjunction with his Subjects as their Head; in that reſpect being in a higher Region above, and in a greater diſtance from thoſe Intereſts, upon the account whereof his Subjects are many times divided, and Publick Edicts become formed according to the prevalency of a greater Party, to the prejudice of others which are his Loyal Subjects. Alſo by Wiſdom and Prudence there is a ballance by which the Tranquillity of a Nation is happily preſerved, and one Party not over-born by the other, having this Power to Mitigate and Diſpenſe (as hath been diſcourſed) with what in his Wiſdom with Advice of his Council ſhall ſeem equal.

Queſt. 3 But hath not the King's Prerogative been limitted in our Lawes? 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 Ʋnrighteouſneſs. 3. When ſuch Diſpenſations are deſtructive to the great ends of a Commonwealth, 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 lyeth; that of Ʋniformity, where that Diſpenſation with that Statute granted to Strangers by ſole Prerogative-Authority, is juſtify'd. In the Act. 22^o Car. 2. by the Proviſo there inſerted, the Parliament ſeems to induce His Majeſty's aſſent in the recognizing his Prerogative ſo expreſly in that Act, as if they ſpoke thus, Tho this Act be very ſevere, yet if it be found prejudicial, or not to attain the end for which we judge ſuch ſeverity to be requiſite, It is an Eccleſiaſtical Affair, and your Majeſty may when you pleaſe diſperſe or exempt Perſons from it, for we intend not to abridge your Royal Prerogative.

2. There is nothing tranſacted in theſe 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 mala in ſe: they do not bind the Conſcience of the Subject in the nature of them conſidered in themſelves [Queen 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. [of Ceremonies why ſome are, &c.] So that theſe Precepts concerning Eccleſiaſtical p. 18Matters oblige not in their own Nature, as what is either bonum or malum, but as Prohibited or Commanded.

3. Civil Rights and Claims and Temporal things only are the immediate and intrinſick concern and intereſt of all Commonwealths. 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 and 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. It is Popery to deny Allegiance to Prince, or Protection to a Subject, upon the account of any ſuch difference.

Queſt. Religion and the Worſhip of God being the great Concern of a Nation, is not then to diſpenſe with the Penalties in Eccleſiaſtical Lawes, too great a truſt to be repoſed in any one hand?

In Anſwer, I ſhall endeavour ſomething to unfold, 1. In what ſenſe Religion is the Concern of a Nation. 2. The Nature of this Truſt. 1. How much Religion, &c. The moment and 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 abſolutely, but not in reſpect to the ſupport of preſent life; The knowledge 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 Conſiderations as to the faculty of a particular Perſon, to Community of men for the advance of Civil Affairs, there are other qualifications and inducements of greater Conſequence, and more directly and immediately 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 attended in their actings by a natural Conſcience. 2. Goſpel Duties directed and ordered by a ſupernatural light, no footſteps or Principles whereof are found in us. For the former, Religion in that firſt ſenſe, as the Knowledge of God, Conſcience of an Oath, Juſtice and Righteouſneſs in our dealings, &c. are ſuch things wherein the well-being of Kingdoms and Commonwealth is much concerned. But Religion as it ſtands in exerting ſupernatural Principles, and in Duties termed the Commands of Chriſt (as the other the Commands of God, Jo. 15.) ſuch 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 p. 19them to mens Civil intereſts, further then where theſe ſupernatural 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 immediately concern the Commonwealth, ſo the Lawes thereof are principally drawn forth out of them, eſpecially Second-table Duties forming and moulding them into municipal Lawes under Penalties and incouragements greater or leſs; as in the Wiſdom of a State is judged moſt conducing to the welfare thereof. For theſe Goſpel-Myſteries 'tis otherwiſe, for as they contribute not 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 the Glory.

Biſhop Bilſon ſtates it well; Princes (ſaith he) command that which Chaiſt the Sovereign Lord and Head of the Church commands; which is all the Power we give to Princes. [Supremacy, pag. 227.] And in the Page before, By Governors in Eccleſiaſtical Matters, we do not mean Moderators, Preſcribers, &c. but 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 had been proſperous and flouriſhing, and yet no Chriſt, no Faith, Repentance, nor any Goſpel-Worſhip known or practiſed; and ſince the fall, you have had well-governed Kingdoms and States among Turks, Heathens that never received Christ or Goſpel-Worſhip. It is with States as it is with particular perſons in Commerce; another man's Eſtate, or Trade, or Credit, or any other Civil concern with whom I have to do, is not prejudiced or bettered by omiſſion or practice of what is a meer Goſpel-Duty. If a man I deal with be unjuſt, ly, ſteal, &c. my worldly intereſt is prejudiced hereby; but whether he repent for this, or exerciſe Faith on Chriſt for forgiveneſs, and humble himſelf, I am neither gainer nor loſer in my Civil concern.

Now it is Goſpel-Worſhip and Goſpel-Religion we profeſs in this Nation. If then the Duties themſelves performed are of no greater onſequence 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 or detriment to our State-Concernments in this or that particular external form of Worſhip or Government, that one ſhould be retained by us with ſo much Zeal and Contention, and from an alteration whereof we ſhould be ſo much deterred; 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 States where theſe have altogether been diſallowed.

p. 20Nor 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 Officers that they contribute no more to the ſettling of Civil Rights and Intereſts, Luke 12.13. or to Goſpel-Weapons which being Spiritual, and not Carnal, have no edge to cut off mens Liberties, Eſtates or Lives.

2. The Nature of this Truſt.

The Lawes 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 Lawes, in reſpect of Circumſtances for the well and comfortable enjoying Goſpel Ordinances is all that any Humane Wiſdom hath to do in them, the truſt whereof may be placed in the hand of a Wife and Prudent Prince.

Again there is Liberty of an after-Judgement to be made by him, that is to practiſe in whatever is in the concerns of Religion commanded by men; Thence ſuch Lawes require not ſuch ſimple and peremptory obedience if conformable to thoſe rules required in the Word. Obedience thereunto is with reſpect unto God as well as Man: if otherwiſe that then ought to be left to the Subject, which the Apoſtles claimed Acts 5.29. Now altho Matters of Religion and the Concernment of it be great things conſidered in it ſelf, and accordingly is the trust, yet what of it falleth under the hand of a Civil Power, is neither in it ſelf nor in its truſt ſo great.

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 refufe either by himſelf or Parliament to enjoyn any thing of Ceremony or Circumſtance about theſe Externals, in the Worſhip and Service of God. Or, 2. Suppoſe he ſhould diſpenſe with all Injunctions, and leave the People of God to a full Liberty in the obſervance of them, and call theſe high defects and failings in Conduct and Government; yet the Premiſes laſt mentioned being conſidered, there can be no great prejudice to the Commonwealth or Civil Affairs thereby. Diſtinctly we ſhall weigh both of them. 1. For the Former; If the keeping or omitting of a Ceremony in it ſelf conſidered, is but a ſmall thing, as was mentioned before, and of ſuch a nature, as altho at firſt of godly intent and purpoſe deviſed, yet at length turned to Vanity and Superſtition, and burdening mens Conſciences without cauſe, &c. as we our ſelves acknowledge [See Preface to the Common-Prayer Book] and of the ſame condition are moſt of thoſe Impoſitions which have proved burthenſom to the Nation a long time; I ſay 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, p. 21but left where they are to be taken up in practice according to the light of the Age, as are Goſpel-Duties of greater conſequence; Thoſe Scriptures by which States profeſs themſelves to be guided in forming theſe Eccleſiaſtical Lawes are intruſted alſo in the hands of the Goſpel-Miniſters, for their conduct and direction in ordering Goſpel Affairs; who have gifts and aſſiſtances from it in ſuch a meaſure and degree as cannot be expected in the ableſt Stateſman, as ſuch. And the Eccleſiaſtical Lawes are never ſo well ordered by Civil Powers, as when they conſult with, and take advice and directions from the Miniſters of the Goſpel about them. To adviſe new Rites and Ceremonies (ſaith Biſhop Bilſon) is not the Princes Vocation, but to receive and allow ſuch as the Scriptures commend, and as the Biſhops and Paſtors of the place ſhall adviſe [of Suprem. p. 226]

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 would not hereby ſuffer in reſpect of its Civil concerns; but the Wealth and Trade would be much more proſperous, the things being ſmall in themſelves, and do become great only upon the account of their being injoyned, and the greatneſs of Penalties annexed, being 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 the Common-wealth, for the quickening of Trade, keeping up of Rents, &c. or any particular man's concern as Civil, that men kneel, or not at the Sacrament, Croſſing or not Croſſing in Baptiſm?

2. For the other, as diſpenſing with all Penalties annexed to Eccleſiaſtical Lawes; where theſe Penalties are removed, yet theſe Lawes remain as Councels and Advertiſements, and being conſulted by the learned Clergy in their Synods, and commended, are 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, 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 Magiſtrate, and of the means we put ſo great an eſteem upon for the reducing a People, how will the People ever become Chriſtian? 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 councelled, left his People free, and to act by the Perſwaſion of their own hearts, Rom. 14.5. One man eſteemeth one day above another, another man eſteemeth every day alike, let every man be perſwaded in his own mind. That was but a Councel or Advertiſement in the Act for Conformity in 18 Eliz. given to the Arch-Biſhops, Biſhops, and p. 22other Ordinaries, that they would endeavour to perform their Duties in execution of the Act; it was indeed very ſolemn coming from the Queens 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 hereof. There hath been no want of obedience hereunto by the Biſhops being fully perſwaded in their hearts thereof, 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 Afternoons 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 in teaching of the Church of England, and that ſuch Preachers be moſt encouraged, and approved of; and how readily was this immediately practiſed throughout the Nation, and is continued in many places unto this day? In the Eſtabliſhment of Ʋniformity, 2^o Edw. 6. a Liberty was left in reſpect to Ceremonies to practiſe or omit them according as men were perſwaded in their hearts.

By the Synod held 1640. ſome Rites and Ceremonies there mentioned were heartily commended by them to the ſerious Conſideration of all good People as an ancient and laudable Cuſtome of the Primitive Church in the pureſt times, and notwithſtanding all this extolling thoſe Rites (which indeed was as much as can be ſaid for any of our Ceremonies) the Cannon concludes thus, in the practice or omiſſion of this Rite, we deſire that the Rule of Charity preſcribed by the Apoſtle may be obſerved, which is that they who uſe the Liberty, deſpiſe not them which uſe it not, and they who uſe it not, condemn not thoſe that uſe it. Canon 7. 1640. And this their Councel and Commending hath not been in vain, but received and ſubmitted unto throughout, 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, tho but from a fewer number of Grave and Pious Perſons, would have advanced the eſteem of ſuch Ceremonies in the Opinions of others, much more than the forced ſubmiſſion of greater multitudes.

2. As a further Anſwer, let us conſider the Nature of the Crime with reſpect to the Penalties; the Crime as expreſſed in our Lawes is a wilful and obſtinate or contemptuous omiſſion as in 19 Eliz. c. 2^o. in the Act for Ʋniformity, 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 full under the Penalties, as killing a man, and wilful Murther, &c.

p. 23That the words of that Act 1^o Eliz. and other Eccleſiaſtical Edicts would ſo be underſtood, there are theſe Reaſons: 1. We would not ſuppoſe this Law, to be grounded on ſo hurtful a Principle, as this, that where a difference of Perſwaſion in relation to a difficult caſe of Conſcience doth ariſe, that one Party is alwayes wilful and obſtinate. There is not a 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 Ʋniformity (^o 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 by the Advice of her Councel 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 judge 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 diverſe Miniſters not fully conforming, enjoyed their miniſtry under them; The more ſevere Clergy obſerving the Liberty injoyed more in ſome Dioceſſes than others, made this Proviſion in the Synod 1640. Can. 9. that for the better ſetling Ʋniformity, there ſhould be but one Book of Viſatory Articles, that the more moderate and indulgent Biſhops might not have the forming their own Articles. The moderate Biſhops themſelves did not judge that all Nonconformity was to be puniſhed as from wilfulneſs; nor would thoſe many Diſpenſations and Exemptions before-mentioned be granted by our Governours, 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 (which this Act ſuppoſeth it ſo interpreted) is a Maxime in Diſcipline neither Chriſt nor Chriſtian Churches were ever acquainted with. Chriſt in his Eccleſiaſtical Proceedings againſt Sinners, diſtinguiſheth between the Sin in 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 proceed, and a more tender dealing is appointed, Gal. 6, 7. and not to apply Cenſures and cuttings off; but upon 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 eſtabliſhing theſe Eccleſiaſtical Lawes.

p. 244. Our Law-givers judge the pureſt Churches thoſe of the Primitive times, were voluntary Congregations of Believers (as we ſaid before out of Judge Hobart) 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 joyn and become a Member of a Society or Congregation in ſuch condition within his participation, which is probable to be more productive of Evil than of Good; It will be ſo with us if this Act be interpreted Reduplicativè; that is, whoſoever omits a Ceremony doth it obſtinately, and ſhall ſuffer as ſuch an one. I joyn voluntarily in hopes to be edifyed in knowledge and real tenderneſs of Conſcience, and where ſuch attainments are there is a greater aptneſs to ſcruple obedience to ſome one thing or another enjoyned, which if we are ruined and undone firſt or laſt (ſo ſevere are the Penalties in the Proceſs of them) whether Miniſters or private Chriſtians, it will not be with a man (as the Apoſtle ſaith, If he will depart let him depart) to loſe the Privilege upon the account whereof we joyned, 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 juſtifyable ground of the 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 voluntary and free Congregations.

5. In the Statute of (1 Eliz) it is not ſimply refuſing or not uſing the forms there enjoyned, but the doing it wilfully or obſtinately, as was ſaid, for that the keeping or omitting a Ceremony in it ſelf conſidered is but a ſmall thing as mentioned before, but when Commanded, &c. I grant Matters very ſmall being made the Subject of a Penal Law, or being injoyned 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 great 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, tho it be a ſmall Matter in it ſelf, and as a thing merely Natural or Moral may notwithſtanding be very great upon that account, and greater to the Perſon who ſcruples the lawfulneſs of it, 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 and deſigned end (as ours are) but in their relation thereunto are great, whatever they are in themſelves. Theſe Lawes therefore being Eccleſiaſtical, wherein God and Mens Conſciences are ſo immediately intereſted; p. 25the not conforming to them cannot be ſuppoſed a true meaſure to judge of mens wilfulneſs or obſtinacy: it would be a great reflection upon the Prudence (or the Charity at leaſt) of our Lawes and Injunctions ſo to interpret them.

If the greatneſs of the Penalty be laid not upon the Crime materially conſidered, but in reſpect of that evil frame wherein we tranſgreſs, God only is the Searcher of Hearts; and altho by Overtures and Circumſtances ſomething may be diſcovered this way by men, 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 concerned and exert themſelves together at the ſame time; and in the Circumſtances of ſuch acting, there remain ſuch overtures of ſuch a frame of mind, as a more permanent and exact counterpart thereof. Omiſſions there are oftentimes, when the Soul ſtands as it were, but half bent; the underſtanding is not clear, the will undetermined. In an omiſſion there is nothing of the man left on 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 as well as 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.) then the Lawes of Men; we would not therefore interpret theſe Lawes in ſuch a ſenſe 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 judge the contrary of our Brethren and fellow Subjects.

6. This Act of Ʋniformity, not (we hope) in the intention of it, but in ſuch an Interpretation, hath been the Argument 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 (tho from tenderneſs of Conſcience in the greateſt Evidence) yet thereupon to be puniſhed with the loſs of their Spiritual Promotions; but if it appears from Obſtinacy and Sedition, that ſuch only ſhould ſuffer ſo deeply the addition of further Pains and Penalties as in that Act inſerted, is juſt and equal: If this yet be not the meaning of the Act, as it ſeems by conſtant Proceedings againſt Tranſgreſſors of it (for what man was ever relieved in any Court Eccleſiaſtical or Civil upon ſuch a Plea, He omitted not ſuch Ceremonies wilfully, but of Conſcience;) I ſay therefore, if that be not the ſenſe of the Act, yet upon thoſe 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, juſt, prudent and charitable.

p. 26His Majeſty was perſwaded that many multitudes (it's his Expreſſion in Declaration of Decem. 26. 1662.) ſuffered, being enſnared in their Conſciences, and not from wilfulneſs; and his charitable Opinion ſeems to be moſt rationally grounded upon an Obſervation of his own. It is evident (ſaith His Majeſty) by the ſad Experience of 12 years, there is very little fruit of all thoſe forceable courſes.

The will is a more unſteady Principle, and more 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 Commonwealth, that all ſuch Penalties be removed and ſuſpended, when the Executions of them have been ſo conſtantly miſapplyed, and ſo much to the prejudice and diſquiet of his good Subjects. It is Righteouſneſs (and not Ceremonies) which eſtabliſheth a Nation.

Queſt. If the Penalties of Eccleſiaſtical Lawes be removed, theſe Lawes themſelves become impracticable. And when Men are left to Worſhip in what Forms they pleaſe, will not that Ancient Eſtabliſhment of our Ʋniform Worſhip and Government to be the ſame throughout this Kingdom, be utterly deſtroyed?

Anſw. For that we term Ʋniformity in the Worſhip and Service of God, we find no other in the Apostles Churches, but what aroſe from inward Principles freely and naturally; theſe Principles being in 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 or Seal. Theſe are conſtrained and forced; the former is from the Lord, a work of his Power, and there is beauty in it, Pſal. 10. The latter is from Princes and States, wrought by the Power of their Lawes and Penalties, and may have much hypocriſie, 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 is 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 baptiſed 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 Piety and Juſtice; ſo in Church Adminiſtrations, where People are in the ſame mind and Principle, they will all ſpeak the ſame thing, altho not the p. 27ſame words, in Preaching and Praying, and Officiating in the Service and Worſhip of God, tho there be no external Preſcripts or force of Humane Lawes 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 external force, moleſting 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 Ʋniformity, yet for ends ſuitable 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 doing or leaving it undone, to the Lord, that is, out of Conſcience; and this is the Apoſtolical Doctrine in Rom. 14.5.

That which we term Ʋniformity, an exact Identity in words, geſtures, and veſtments, Nature ſeems to teach us an example of a Sinleſs neglect of. Tho there be a Conformity in every Vine, and every Figg-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 growable.

2. Nor can we ſay, but tho all the Penalties (properly ſuch) annexed to Eccleſiaſtical Lawes are removed; yet there will remain Proviſion ſufficient left to keep and preſerve men in conformity, and to reduce ſuch (whoſe Conſciences will permit) as are not ſo. For as His Majeſty on the one hand hath been pleaſed to aſſure the Orthodox conformable Clergy that they ſhall receive and enjoy the Revenues belonging to the Church of England (the richeſt, moſt plentiful and ample of any Proteſtant Church in the World) and that no Perſon (however diſpenſed with in other things) ſhall be exempt from paying his Tithes, and other Duties whatſoever; ſo 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 Privative Penalties, and have brought and kept more to Conformity than all the Penalties removed by His Majeſty's gracious Declaration.

When was it known that a Biſhop, Dean, or double-beneficed Parſon, left his Promotion and became Nonconformiſt? and that others that have been bred up to literature at great charge, having Gifts and Parts, would be ſo peeviſh as to refuſe them, and being thereupon forced to divert from the way of a more free Education, to ſome mean Employment to get a Livelyhood, or live upon the Charity of others, (It is the condition of hundreds this day in England:) I ſay, can we imagine any men having ſuch Encouragements in their eye, and the more deſireable from ſenſe of their preſent indigency, would 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 p. 28any Prince than he hath done by this gracious Declaration. One Party, ſuch as conform, enjoy their Conſciences with ſpecial advantages in Temporal things. The other, they alſo enjoy their Conſciences with freedom from thoſe ſevere Proceedings; and thoſe are ſatisfied alſo. And now let not any mans 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 for ſatisfaction to the two great Parties which divided the Kingdom in 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^o Eliz. there is an Ʋnion 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, freedom from Suffering, and a liberty to follow their Callings, without the leaſt damage to the Conformist.

Queſt. Is there any neceſſity His Majeſty ſhould exert a ſole Power in Affairs of Religion, when the Peace and Ʋnity of the Nation was herein 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 his Parliament in theſe Proceedings. His Majeſty obſerving how Affairs ſtood here in this Kingdom and the Diſtractions that were upon mens Minds about Religion and Forms of Worſhip, and conſidering there are but two ways ſuppoſed ordinarily to reduce a People again to Peace and Unity in Religion. 1. Either by Severity to diſcourage or 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 from the beginning ever ſince the firſt Reformation, but of late utterly disfavoured by a Repreſentative of the Nation, and a Synod of Learned Men: And that different practices in the Service and Worſhip of God, had been formerly Patroniz'd and incouraged; and ſuch that were no other but what were 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.

p. 29This his 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 aſſure 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. He 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 terms a Promiſe ſolemnly made. This ſolemn 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 as well as they might mind it. In His Majeſty's Declaration of Decemb. 26 1662. He tells us, That he remembred the very words of the Promiſes made at Breda, concerning Liberty of Conſcience, 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 of the 25 Octob. 1660. To all his Loving Subjects of England and Wales, concerning Eccleſiaſtical Affairs, which mentioning that from Breda, DISPENSETH with the uſe of divers Ceremonies formerly enjoyned, 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. he frees from their Impriſonment ſuch as ſuffered for Conſcience.

The King and His Parliament happily joyned in the ſame Pious End, Peace and Union; yet differed in their apprehenſions of the means to procure it, which was our great unhappineſs. The Parliament judged the reducing or rooting out differences by ſevere Penalties, to be the means of Ʋnity in the Church, as they tell His Majesty in anſwer to his Declaration; preſſing the aſſerting of the Lawes and Religion eſtabliſhed according to the Act of Ʋniformity, as the more probable means to produce a ſetled Peace and Obedience throughout the Kingdom. The Parliament ſuppoſing, (and poſſibly ſome of them perſwaded thereof from thoſe who never would diſtinguiſh between Non-conformity and Sedition) the diſſent of Nonconformiſts from the preſent Eſtabliſhment to be rather from a Spirit of p. 30Faction and Diſloyalty, than tenderneſs of Conſcience, proceeded accordingly. The Act of Ʋniformity was renewed, and the Service-Book enjoyned 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 ſeveral Shires in this Kingdom were put from their Imployment; but alſo the Minds of men are much diſturbed and filled with hard Thoughts and Jealouſies upon this account. Inſomuch as His Majeſty was enforced to Publiſh that Declaration of Dec. 26. In which he expreſſeth 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 Uniformity. To this ſurmiſe and jealouſie, His Majeſty condeſcends to make a reply thus: As concerning the non-performance of our Promiſe, we remember well the very words of thoſe from Breda, &c. and the Confirmation we have had 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 wondered at ſince that Parliament to which thoſe Promiſes 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 would not be faithful in their truſt. So now greater Severities againſt Nonconformists 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. 2. intituled, An Act to prevent and ſuppreſs Seditious Conventicles; and all 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 judg'd 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 yet be 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 p. 31nothing 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 inſerted in the Act in theſe words: Provided alſo, that neither this Act, nor any thing contained therein, ſhall extend to invalidate or avoid His Majeſty's Supremacy in Eccleſiaſtical Affairs; but that His Majeſty, his Heirs and Succeſſors may from time to time, and at all times hereafter exerciſe and enjoy all Power and Authority in Eccleſiaſtical Affairs, as fully and amply as himſelf or any of his Predeceſſors have or might have done the ſame; any thing in that Act, &c. 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 that ſuch as even looſe, and indigent Perſons may intrude themſelves in the promoting thereof with encouragements, not only of their luſts ſatisfied 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 who are intruſted with 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 imbezziled, the Materials of their Trade, the Tools they wrought with, and the Beds they lay on ſeized, and our Trade every where decayed, Rents of Lands falling, 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 as 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 Lawes to afflict and puniſh; and others ingaged quietly to ſuffer whatſoever they ſhould be expoſed to for their Conſciences; Matters being at this paſs, there was apparent Neceſſity that ſome remedy in the caſe ſhould be ſeriouſly and ſpeedily applyed; His Majeſty conſidering they are all his Subjects, and how much by ſuch Severity the Intereſt of his Sovereignty is narrowed; ſo great a number of his People rendered unworthy of his Countenance and Protection, and upon no other account or crime, but their being of different Perſwaſion in ſome Externals of Religion; Perſons otherwiſe p. 32wiſe for Induſtry, Faithfulneſs and Loyalty every way qualified to d… His Majeſty and their Country as good Service as any others of His Majeſty's Subjects whatever.

His Majeſty alſo did call 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 mamany thouſand in his obſervation, who have ſuffered ſo grievous things with ſuch humble ſubmiſſion, ſhould daily thus expoſe themſelves and Families to ruine upon 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 upon this account, by thoſe of another Perſwaſion, were raiſed, altho yet they had ſuffered but little?

His Majeſty (as was ſaid) as a Common Father beareth Affection to all his Subjects; but who of them deſerves it, and who not, can nover 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 Lawes, juſtifie and vindicate their Integrity: which can no ways be done while the Righteous are thus condemned with the Wicked, and no relaxing thoſe Lawes which ſhut up all, both Guilty and Innocent, under the ſame Condemnation.

His Majeſty, who hath had a clear proſpect all along of theſe things, and thence publickly declared his avowed readineſs in that Proclamation of 10 July, 1669. and otherwiſe, to indulge tender Conſciences, hath upon theſe afore-mentioned, and the like weighty Conſiderations, been neceſſitated to Publiſh this his Gracious DECLARATION of March 15. 1672. where he hath fully performed his Promiſe made at Breda, and ſo often repeated. Thus His Majeſty, as a p. 33Wife and Prudent Prince, whoſe Station is fixed in an higher Orb (like the Sun exhaling and conſuming, or ſerving to refreſh, and to ſhew the dark Foggs and Miſts here beneath) hath by the Light and Liberty, ſhining 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 to them that their Brethren have obtained from His Majeſty, in reſpect to their Conſciences, the like favour.

Queſt. Since theſe Eccleſiaſtical Lawes 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 Lawes had been by Parliament?

Anſw. 1 The King and Princes of this Realm, His Majeſty's Predeceſſors, did Eſtabliſh many Things and Orders by Parliament relating to Eccleſiaſtical Matters; but did yet nevertheleſs often exerciſe their own Power in diſpenſing with the Penalties (at leaſt) of ſuch Lawes.

A conſtant acting with others in the exerting hereof might (tho no Preſcription againſt the King) yet introduce at leaſt into 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 firſt 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, &c. not doubting their chearful co-operation 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 p. 34there ſhall be a colour left to the malitious and diſaffectionate, to inflame the minds of ſo many Multitudes upon the ſcore of Conſcience, with deſpair of ever obtaining any effect of our Promiſe for their Eaſe. The Houſe returns this Anſwer, We your Majeſty's 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 adviſeable, that there be any Indulgence to ſuch Perſons, who preſume to diſſent from the Act of Ʋniformity, and the Religion Eſtabliſhed; for theſe Reaſons, &c. whereof this is one, It will in no wiſe become the graver Wiſdom of a Parliament to paſs a Law at one Seſſion for Ʋniformity, and at the next Seſſion (the reaſon of Ʋniformity continuing ſtill the ſame) to Paſs another Law to fruſtrate or weaken the Execution of the former. So that now His Majeſty, had no other Remedy; but either, 1. To retreat 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 Thanks to him, and Bleſſed the Name of the Lord, who put ſuch reconciling thoughts into the heart of the King. And he himſelf likewiſe owned an eſpecial Bleſſing from God upon his Affairs, after he had expreſſed that intention.

2. Of break that Promiſe he ſolemnly made, aſſuring this Liberty, and had profeſſed to the world upon this 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 conſent to the breach of that ſolemn Promiſe.

3. Or leave the Nation under greater Diſtractions and Sufferings about Religion then he found it: And that upon 12 years Experience of other means, which extended rather to increaſe the Diſtempers.

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 withal, tho 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, July 8. 1661. yet nothing at any time was done to his Satisfaction in Liberty of Conſcience by the Houſes, being obliged in their Judgments to proceed in the other way.