The Kings Authority in Dispensing with Ecclesiastical Laws, Chapter 4

The Kings Authority in Dispensing with Ecclesiastical Laws · Chapter 4

p. 28CHAP. IV. Of the Objections made againſt this Power, and the executing thereof, with Anſwer thereunto.

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.

QUEST. I. If ſuch a Prerogative be in the King, what need Eccleſiaſtical Laws be tranſacted and eſtabliſhed by Parliament?

Anſw. 1. That hinders not but that his Majeſty's Power is ſufficient of it ſelf to do many things relating to ſuch Laws without them; take it in his Majeſty's own words, Declarat. of 26 Decemb. 1662. To concur with us in making p. 29ſome ſuch Act as may enable us to exerciſe with a more univerſal Satisfaction, that Power of Diſpenſing which we conceive to be inherent in Ʋs. As alſo it is by the afore-named learned Judg Hubbard expreſſed, That theſe Statutes, and the like, were made to put things in ordinary Form, and to eaſe the Soveraign of Labour, but not to derogate from his Power.

2. Powers ſufficient in themſelves may join, and in ſuch conjunction remain intire, as Powers Cumulative, and not Privative; as it is evident from what is ſaid in the Statute of 31 Hen. 8. cap. 10. The King's moſt excellent Majeſty, though it appertained to his Prerogative Royal, to give Honour as it ſhall 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, &c.

3. The King is a kind of Corporation in himſelf, diſtinct from that Capacity wherein he ſtands in conjunction with his Subjects as their Head: And in that reſpect, being in an higher Region, above, and in a greater diſtance from thoſe Intereſts, upon the account whereof his Subjects are many times much divided, and publick Edicts are formed according to the Prevalency of a greater Party, to the prejudice of others that are his Loyal Subjects alſo; by his Wiſdom and Prudence there is a Ballance, by which the Tranquillity of a Nation is happily preſerved, and one Party is not overborn by the other, having this Power to mitigate and diſpenſe in the Matters under our conſideration, as in his Wiſdom, with Advice of Council, ſhall ſeem equal.

p. 30SECT. 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.

p. 312. 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.

p. 321. 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 p. 33Vertues 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 p. 34Intereſt 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 p. 35hath 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 p. 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.

To adviſe new Rites and Ceremonies (ſaith Biſhop Bilſon) is not the Prince's 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 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 p. 37being 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, p. 38Biſhops, 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 p. 39Liberty, 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 p. 40greater 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.

p. 413. 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 p. 42Knowledg, 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 p. 43notwithſtanding 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 p. 44as 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.

p. 45His 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.

p. 46SECT. 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 p. 47Piety 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, p. 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.

p. 49Let 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 p. 50there 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 p. 51as 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, p. 52as 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 p. 53were 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 p. 54in 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.

p. 55The 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, p. 56upon 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 p. 57forth 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?

p. 58SECT. 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 p. 59chearful 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 p. 60Occaſion, 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.