Beams of Former Light, Chapter 6
CHAP. VI. The third Argument: Taken from the impoſition and penalty, the ſeverity and inequality of it.
§. 1.
A Third Argument is taken from the impoſition and penalty. Since a bleſſed reformation, and ſeaſonable Goſpel-freedom hath been wrought out, for the people of God; this is the firſt impoſition, with penalty, that hath been endeavoured upon the Miniſters of Chriſt: Nor hath this work, (the Catechiſing of the younger ſort) by any Parliament as yet been ſo impoſed upon Miniſters.
There was a Catechiſm in the beginning of Edw. 6. which afterwards was enlarged and confirmed by authority of Parliament, but the uſe of it, was not enjoyned with a penalty; to be inflicted upon thoſe that ſhould doe otherwiſe, as there was for other matters in the Common-Prayer book: So that a liberty was generally taken by godly Miniſters, to uſe publickly what form of inſtruction they judged moſt ſuitable to their peoples capacity.
There hath been hundreds of Catechiſms uſed and publiſhed, according to the variety of gifts in thoſe that compoſed them, and capacity of thoſe that were to be inſtructed. And this liberty was enjoyed throughout the Nation from the beginning of Reformation until towards the latter end of the Biſhops reign, and then though they themſelves had been the Authors of Catechiſms formerly, yet began to bee ſevere againſt this liberty, and enjoyn the uſe of the Common-prayer-Books Catechiſm only.
§. 2.
There is conſiderable in this impoſition and penalty annexed,
1 The greatneſſe and inequality of it; and
2 The evil conſequences that will follow upon it.
1 The penalty or puniſhment is expreſſed thus, or to ſuch purpoſe; If any Miniſter receiving the States maintenance, miſſe Catechiſing (a particular Catechiſm is preſcribed) ten Sabbath days in a whole year, unleſſe it be upon ſuch cauſe as two Juſtices ſhall approve of, ſuch omiſſions being proved by the Oath of any two witneſſes, this perſon is to bee ejected out of his Living, as a negligent and ſcandalous Miniſter.
Our Reverend Fathers (who many years groaned under this penalty for Epiſcopal or Common-Prayer-Books Non Conformity) expreſſe themſelves ſadly thus: We thought that in equity our fault, and in diſcretion our Calling, is to bee regarded, that puniſhment deſerved, exceed not the fault committed. But loſs of living by deprivation or ſuſpenſion is the next puniſhment to death; Eccleſ. 34.23.therefore wee complain that more than ſeverity is done againſt us, for if it bee a grievous puniſhment to fine a Lay-men (ſo called) ten, twenty, or thirty pound, may not the grieved ſpirits of faithful Miniſters ſigh, yea cry unto God for that their bondage is ſuch, that only Omiſsion, and that of Conſcience with peace, Trial of Subſ. p. 15is corrected with no leſſe puniſhment than loſs of living.
Through the Biſhops rigour many were ejected, about the beginning of K. James his Reign: But men were ſo ſenſible of the great diſcouragement upon the hearts of godly Miniſters by reaſon thereof, that the Members of the Houſe of Commons in the Parliament, Anno 1610. thus Petitioned the King; Whereas divers painful and learned Paſtors, that have long time travelled in the work of the Miniſtry, with good fruit and bleſſing of their labour, have been removed from their Eccleſiaſtical Livings, being their Free-hold, and debarred from all means of maintenance, to the great grief of ſundry your Majeſties well-affected Subjects; we therefore humbly beſeech your Majeſty would bee graciouſly pleaſed, that ſuch deprived and ſilenced Miniſters, Living quietly and peaceably, may be reſtored, &c.
§. 3.
And yet there was a tenderneſs in thoſe Laws, in many reſpects more than would have been found in this. 1 There were expreſsions in them whereby the crime is placed in ſuch omiſsions only as are from wilfulneſs and contempt to authority; ſo 13. of Eliz. cap. 12. Such as refuſe to uſe the form preſcribed for Prayer and Sacraments, or OBSTINATELY uſe any other, either form or Ceremony; ſo in the Queens injunctions, No man ought obſtinately and maliciouſly to break and violate the laudable Ceremonies of thē Church, commanded by publick authority to be obſerved, Inj. 22.Non qualiſcun que mandati praeteritio criminalem facit in obedientiam ſed repugnare ſed nolle obedire. But no ſuch indulgence in THIS CASE. The penalty falls to the full upon the moſt peaceable, if he refuſe; though his recuſancy be from ever ſo much tenderneſſe or doubtfulneſſe in Conſcience.
Thus our Brethren formerly complained of the Biſhops, who were more ſevere than the Law. If ſuch only are openly to be rebuked as openly break the Traditions of the Church, through private judgement, and contemptuous wilfulneſſe, then only omiſſion (and that of Conſcience with peace) deſerves not ſo publick and extreme puniſhments, as deprivation and ſuſpenſion.
2 An Eccleſiaſtical Cenſure from the Ordinary, prevented the penalty in that ſtatute, for the firſt offence, or if not, it was but the loſſe of one years profits. He was not ejected from all, and for ever, as in this caſe for his firſt tranſgreſſion.
3 Not only two Witneſſes, (which is all required in this caſe) but the perſon offending muſt bee lawfully convicted according to the Lawes of this Realm, Stat. 1. Eliz.which is by the Verdict of a ſworn Jury in open Court, before ſworn Judges; as the intereſts in other Free-hold States were tried, before he could bee ejected. The Statute alſo was penned with ſo much caution and indulgence to Miniſters,Certain Conſults, pag. 14. That good Lawyers (ſaith one) even ſuch as afterwards were Judges; have profeſſed it almoſt impoſsible ſo to frame an Indictment upon that Statute against a Miniſter, that is not traverſable and avoidable.
4 If the Miniſter offending bee not indicted for it the very next general Seſsions after his treſpaſs committed, or breach of the Law; he could never afterwards bee impeached or moleſted for that offence; but there is no ſuch proviſion here, but having once offended, danger hangs over our heads all our days.
5 And ſuch a penalty threatned as in THIS CASE is the more grievous to the Miniſters of the Goſpel; when others, farre their inferiours, for the ſame offence are more tenderly treated. Caution and proviſion in the ſame Law is made for School-maſters, Parents, &c. (to whom the duty as much appertaineth as to Miniſters) that the puniſhment for their omiſſion in any kind ſhall not exceed a Fine of five ſhillings.
§. 4.
It is evident therefore the puniſhment for this Non-Conformity hath more ſeverity in it, than what was formerly, for Common-Prayer-Books Non-conformity; and yet, (wch will increaſe the grief of thoſe that ſuffer,) the neceſſity and reaſon of any ſuch impoſition is not ſo evident, as it was for impoſitions of this nature in former times.
1 The Miniſtry was very low and impotent in thoſe dayes, by reaſon of late Perſecution. Few left of Learning that were ſound, and of the true religion.8 Eliz. Jnj. 33. Children and ſuch as were utterly unlearned, if they could read were put into the Miniſtry, nay ſuch as could not read Engliſh perfectly, Such as were but mean Readers, were enjoyned to peruſe over before, once or twice, the Chapters and Homilies, to the intent they might read to the better underſtanding of the people, and the more incouragement of godlineſſe. In the Arch-Deacons Viſitation, the Miniſters had ſome part of the New Teſtament given unto them by him to learn without book, (ſo mean they were) and at the next Synod to make repetition of it.Marie Canons of 1571. pag 9.
Being thus low in their gifts they ſtood in need of ſuch helps, and by holy and learned men the Leitourgie and Homilies then impoſed upon that account were ſubſcribed unto, by ſuch perſons who afterwards refuſed when there was a more able Miniſtry: theſe helps were looked upon as fitting, and in ſome reſpect neceſſary for that age, by the ſame perſons who ſuffered for Non-ſubſcription afterwards.
2 There was yet a further and very great conſideration for this ſtrict uniformity, and keeping to a book appointed; it being the zeal of that age (which, if not kindled, yet the heat of it very much encreaſed by the flames of Perſecution in Queen Maries dayes) to root out Papiſts, which could not be done without a means to diſcover who were ſuch. One way then judged fit for ſuch a diſcovery was this; their conforming or not, to the ſervice and adminiſtration of Sacraments as then eſtabliſhed; and all therefore about the age of 16 years were injoyned to receive, as it was termed, once a year at the leaſt.
Now without ſuch an expreſſe and preciſe form of words in this adminiſtration as are pleadable in a Court of Juſtice; recuſancy could not legally bee thence adjudged. For if ſuch forms had not been thus ſtrictly held to, by little alterations backward (poſſibly no more than what was done in that Book ſent to Scotland) towards the Maſſe-book, out of which they were taken: the Service and Sacraments might have been ſo ſuperſtitiouſly adminiſtred, as a Papist would not ſcruple to be preſent at them.
§. 5.
There is no ſuch State neceſſity for this forme, Neither is there ſuch diſability in Miniſters now to Catechiſe: as there was then, to pray and preach from their own gifts, theſe being performances requiring greater ability and learning. For certainly, thus to ask queſtions by the Book, and receive anſwers by the Book requires no great gifts or ſtudy. Parents, Maſters of Families, and thoſe of loweſt parts or learning may ſufficiently perform it,Mr. Baxter his advice. yea Maſter Baxter, and ſo doe others grant, perſons not ſet apart to any Office in the Miniſtry may thus Catechiſe and inſtruct,Worſterſh. Aſſo. not only their own Families but the whole Pariſh.
Such are the abilities of Miniſters generally (we bleſſe the Lord for it) as they ſtand in as little need of books to Catechiſe and inſtruct youth by, as books to ſay prayers by, or to preach by. And it being ſo, it is a very ſad conſideration, that having through mercy perſons qualified, and approved for Miniſterial gifts and graces: Such muſt now in an age of light and experience, be ſilenced and put from the imployment to which Chriſt hath called them: for not ſubmitting to a Form, or Circumſtance, which is neither peculiar, or of abſolute neceſſity to miniſterial work or ſervice:
§. 6.
The younger ſort of a Pariſh may bee inſtructed, according to Scripture direction in the Fundamentals of Religion (for ſo are the elder, and many of them as ignorant though not in ſuch a method of Catechiſing as is injoyned: This ſtrict method may bee practiſed (as it hath been for many years) and yet no one particular Catechiſme enjoyned. The crime lieth in the omiſſion only of a form, or rather circumſtance of ſuch a form; to inſtruct in ſuch a method is but a form; but an arbitrary form, ſome other method may bee as good, this or that particular Catechiſme is but a circumſtance of ſuch a form, the puniſhment is as great as for omiſſion or negligence in the great and eſſential duties of the Miniſtry. This is not equal the Canoniſts ſay,Penor Cic. de off. Poena non debet excedere delictum. And a Heathen, Cavendum eſt ne poena major ſit quam culpa.
Mag. Cha. cap. 14.The old Law of Magna Charta was this, Ex quantitate poena cognoſcitur quantitas delicti, quia paena debet eſſe commenſurabilis delicto, and our ſuffering Brethren pleaded it againſt the unreaſonableneſſe of the penalties impoſed upon them for omiſſions in Forms and Ceremonies, pretending they did it with contempt to Authority, which is the greateſt aggravation of an omiſſion; No Free-holder for contempt of the Kings Commandement may, bee puniſhed with the loſſe of his. Free-hold, when the great Charter of England telleth us, that a Free-man ſhall not bee amerced for a ſmall fault, but after the quantity of the fault, and for a great fault after the manner thereof, ſaving unto him his Conteniment and Free-hold. If then unto every Free-man puniſhable by the law, though his fault bee great, his Conteniment or Free-hold ought to be reſerved, it ſeemeth much more reaſonably to follow, that no Church-man being a free-man may ſo be puniſhed, &c.
Certain conſiderations printed, anno 1605. p. 43. where the juſtification of a more ſevere proceedings againſt Church-men than other Free-holders (becauſe theſe hold virtute officii only) is alſo debated and concluded, that if the crime of which hee is guilty bee not inconſiſtent with his office, hee ought to enjoy the ſame priviledge granted to other Free-holders by Magna Charta. So that if the not obſerving a Ceremony or form, or the not owning Epiſcopacy: If the not inſtructing in ſuch an order, or by ſuch a particular book enjoyned; or not coming up to ſuch forms of Diſcipline as are eſtabliſhed: Be not a defect, which is in it ſelf deſtructive to the Office of a Miniſter; according to our Brethrens opinion ſuch ought not to bee put out of their Livings under any ſuch pretence.
§. 7.
Silencing and putting Miniſters from their places, for ſuch matters, was argued formerly by thoſe holy men to be an unjuſt, and unequal kind of puniſhment from another conſideration alſo: namely, that ſuch puniſhing of Miniſters is a greater puniſhment upon the people. Such ſtopping of the mouthes of painful and profitable preachers is no leſſe puniſhment to the Church it ſelf than to the Preachers, Prov. 29.18.yea farre much the greater: for where there is no viſion the people periſh. Trial of Sub. p. 18. So in the Petition of the Houſe of Commons to King James, Anno 1610. Miniſters being removed from their Eccleſiaſtical Livings for not conforming in ſome points, it is a great grief to your Majeſties Subjects, ſeeing the whole people that want inſtruction are by this means puniſhed, and through ignorance lye open to the ſeducements of Popiſh and ill-affected perſons.
Congregations (ſaith one) in this miſerable condition,Advertiſements to the Parliament, in Anno 23. p. 11. and every member of them, may ſay to you, moſt Honourable high Court of Parliament, as Job ſaid to his friends,Job. 19.21 Have pitty upon us, oh yee our Honourable and Chriſtian Friends, for the hand of God hath touched us, in ſuffering our Miniſters to bee taken from us, our ſouls are ſtarved by keeping back our Spiritual food.Job 30.18 Wee goe mourning without the Sun, for theſe things we weep, our eyes run down with water becauſe the Comforters that ſhould refreſh our ſouls are farre from us.Lam. 1.16
Puniſhments of this nature light moſt heavie upon the moſt innocent. The people who are moſt concerned, and for whoſe ſuppoſed good; this puniſhment is inflicted upon their Miniſter: but proves indeed a greater evil to them than the evil it ſelf for which hee is puniſhed. For he may bee a perſon well accompliſhed, able and willing to inſtruct the whole Pariſh Old and Young; To feed with milk and ſtrong meat, and yet upon the reaſons before mentioned ſcruple the ſubmiſſion to ſuch a particular method or help where it is needleſſe,Arguments, ch. 2. & 5. or ſome other in his Conſcience more uſeful and ſuitable to his charge. Let the perſon bee of ever ſo much worth, and beloved of his people, he and his Miniſtry is wholly taken away from them Old and Young: for a defect (if it were ſo) in a part or circumſtance in his duty, and in reſpect only to a part (the younger ſort) of his Congregation.
§. 8.
The truth is, this ſilencing and depriving of Miniſters, for matters of Diſcipline or Worſhip, upon account of their opinions or practices if it be in a matter diſputable, and not apparently neceſſary, and theſe Miniſters perſons of Learning and Piety, perſons for Life and Doctrine in other things unblameable, it is and alwaies hath been ſo heavie a load upon the mindes and ſpirits of Gods people, as will never bee borne by them, without ſad complaints to God and man, both for their Miniſters ſake, and in their own behalf and loſſe.
With what difficulty and diſturbance doe people bear the ejecting of the worſt of Miniſters? Is it not with many Pariſhes, as with Micha in his complaint and out-cry to the people of Dan, his Idols and Idolatrous Prieſts being taken away, Alas, ſaith he, I am undone, what have I more. Judg. 18But to have ſuch Teachers removed into corners, who formerly our eyes have beheld with comfort, and their very feet have been beautiful; ſuch as from the feelings and manifold refreſhings of our ſouls, wee cannot but honour; and have in great eſtimation for their works ſake; To have ſuch Lights put under a Buſhel, muſt needs leave a ſad and dark houſe.
§. 9.
The Apoſtle ſpeaking of the Miniſtry, and Miniſterial duties, made this demand,2 Cor. 2.16. Who is ſufficient for theſe things? The ſcarcity and fewneſſe of ſuch who are able, and conſcientious in this work, is unknown to no man; But in time of reformation, and when ſuch as are found totally unfit are ejected, the want of able perſons to ſupply in their places is much greater, and more felt by the people.
What low and poor work was Clergie work in former times? (the ability to read a piece of Latine, being a ſufficient qualification for it) and yet then that work was ſo much prized by the State, that a crime deſerving death ſhall be pardoned, rather than a perſon, that could but legere ut clericus ſhould be taken from the work.
The higheſt qualifications, and ſuch as are according to the Word are now required, and if perſons that are accordingly worthy ſhall bee ejected, for a ſcruple in Conſcience, and not pardoned in what is but Circumſtantial to the work; it cannot bee judged wee are equal in zeal (though wee have more light) for the Miniſtry, with thoſe of darker times.