An answer to a paper importing a petition of the Archbishop of Canterbury, and six other bishops, to His Majesty, touching their not distributing and publishing the late declaration for liberty of conscience Care, Henry, 1646-1688. 1688 Approx. 55 KB of XML-encoded text transcribed from 17 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A33745 Wing C506 ESTC R5331 13687136 ocm 13687136 101351 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A33745) Transcribed from: (Early English Books Online ; image set 101351) Images scanned from microfilm: (Early English books, 1641-1700 ; 841:6) An answer to a paper importing a petition of the Archbishop of Canterbury, and six other bishops, to His Majesty, touching their not distributing and publishing the late declaration for liberty of conscience Care, Henry, 1646-1688. 31 p. Printed by Henry Hills, Printer to the Kings Most Excellent Majesty ..., London : 1688. Written by Henry Care. Cf. NUC pre-1956. "With allowance." Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Church and state -- England -- Early works to 1800. 2006-06 TCP Assigned for keying and markup 2006-07 Apex CoVantage Keyed and coded from ProQuest page images 2007-02 Robyn Anspach Sampled and proofread 2007-02 Robyn Anspach Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion AN ANSWER To a PAPER importing a PETITION OF THE Archbishop of CANTERBURY , AND Six other BISHOPS , TO His Majesty , Touching their not Distributing and Publishing THE LATE DECLARATION FOR Liberty of Conscience . Vide , utrum Tunica filii tui sit , an non ? Quam cum cognovisset pater , ait , Tunica filii mei est , fera pessima comedit eum . Gen. xxxvii . Ver. 32 , 33. With Allowance . London , Printed by Henry Hills , Printer to the Kings Most Excellent Majesty , for His Houshold and Chappel ; And are to be sold at his Printing-house on the Ditch-side in Black-Friers . 1688. AN ANSWER TO A Paper importing a Petition of the Archbishop of Canterbury , and Six other Bishops , to His Majesty , &c. NOT to amuse my Reader with any Reasons or Excuse for this Undertaking , let this suffice for both ; That several Copies of this Paper , instead of distributing His Majesty's Declaration for Liberty of Conscience having been privately dispers'd thro' most Counties of England , I thought it every man's Duty , and ( among the rest ) mine , to undeceive them who have not the same Brains , but more Honesty and Loyalty , than those that sent it , and bestow some Ink upon the Tetter , that it spread no further . In order to which , and that every man may at once see the Whole before him , and thereby come to the truer Conclusion , I shall take my Rise from the Occasion of this Paper , and thence proceed to the Matter of it . Now the Occasion was thus . His Majesty finding it had been the frequent endeavors of the four last Reigns to reduce this Kingdom to an exact Conformity in Religion , and how little the Success had answer'd the Design , but rather destroy'd Trade , depopulated the Country , and discourag'd Strangers ; and being resolv'd to establish His Government on such a Foundation as might make His Subjects happy , and unite them to Him by Inclination as well as Duty , on the 4th of April , 1687. issued His most Gracious Declaration for Liberty of Conscience , thereby declaring , That He will Protect and Maintain His Archbishops , Bishops , and Clergy , and all other His Subjects of the Church of England , in the free Exercise of their Religion , and full Enjoyment of their Possessions and Properties , as now Established by Law , without any Molestation , &c. — That all Execution of Penal Laws for matters Ecclesiastical , as Nonconformity , &c. shall be , and are thereby suspended . — That all His Subjects have leave to Meet and Worship God in their own way , without disturbance . — And forasmuch as the benefit of the Service of His Subjects is by the Law of Nature inseparably annex'd to , and inherent in His Royal Person , and that no one for the future may be under any Discouragement or Disability , by reason of some Oaths or Tests usually administred ; That no such Oaths or Tests shall be hereafter required of them ; And that He would dispense with them , &c. And because several Endeavors had been made , to abuse the easiness of the People , as if He might be persuaded out of what He had so solemnly declared , His Majesty , as well to stop the mouth of Gainsayers , as to shew his Intentions were not changed since the said 4th of April , by a second Declaration of the 27th of April last past , enforces and confirms the said former Declaration , conjures His loving Subjects to lay aside all private Animosities and groundless Jealousies , and to choose such Members of Parliament as may do their part to finish what he has begun , for the Advantage of the Monarchy over which God hath plac'd Him , as being resolv'd to call a Parliament that shall meet in November next at furthest . This Declaration was forthwith printed , and by Order of Council required to be distributed , published , and read in the respective Churches thro' the Kingdom : And in that it was not enjoyn'd to be read in any the Congregations thereby permitted , what greater Evidence can there be of His Majesty's real Intentions to the Church of England , when , however He suffer'd others , He own'd not yet any Establish'd National Church but the Church of England ? Upon this the ensuing Paper was on the 18th of May following ( between the hours of Nine and Ten at night ) presented to His Majesty by the Six Bishops the Subscribers . To the King 's most Excellent Majesty . The humble Petition of William Archbishop of Canterbury , and of divers of the Suffragan Bishops of the Province , now present with him , in behalf of themselves , and others of their absent Brethren , and of the Clergy of their respective Dioceses . Humbly sheweth , THat their great Averseness they find in themselves to the Distribution and Publication in all their Churches of your Majesties late Declaration for Liberty of Conscience , proceedeth neither from any want of Duty and Obedience to your Majesty , our Holy Mother the Church of England being both in her Principles , and constant Practices , unquestionably Loyal , and having to her great Honor been more than once publickly acknowledg'd to be so by your Majesty ; nor yet from any want of due tenderness to Dissenters : In relation to whom , they are willing to come to such a Temper , as shall be thought fit , when that Matter shall be Consider'd and Setled in Parliament and Convocation . But among many other Considerations , from this especially , because the Declaration is founded upon such a Dispensing Power , as has been often declar'd Illegal , in Parliament , and particularly in the Years 1662 , 1672 , and in the beginning of your Majesties Reign , and is a Matter of so great Moment and Consequence to the whole Nation , both in Church and State , that your Petitioners cannot in Prudence , Honor , and Conscience , so far make themselves Parties to it , as the Distribution of it all over the Nation , and Reading it , even in God's House , and in the time of his Divine Service must amount to , in common and reasonable Construction . your Petitioners therefore most humbly and earnestly beseech your Majesty , that you will be Graciously pleas'd not to insist upon the Distribution and Reading your Majesties Declaration . Canterbury . St. Asaph . Bath and Wells . Chichester . Peterborough . Ely. Bristol . And here also for Methods sake , and before I come to the Matter of it , I hold it requisite that I speak somewhat to the Persons the Subscribers , and the Time of their Presenting it . As to the First , the Holy Scripture styles Bishops , The Angels of their Churches ; And by the Common Law of England the Archibishop of Canterbury is Primus Par Angl. The Bishops , Lords Ecclesiastical Secular , — and Sit in Parliament Jure Episcopatus , which they hold per Baroniam . — The Statute ( pro Clero ) calls them Peers of the Realm . — That of Queen Elizabeth , One of the greatest States of the Realm . — They have Jurisdiction in Ecclesiastical Causes , and are not bound to obey any Mandate but the King's : And by reason of all this , presum'd to have a more than ordinary Influence upon the People . Our Saviour calls his Disciples , The Salt , and Light of the World. And why ? But that they should season others with their Doctrin , and guide them by their Example , into the way of Peace . His Name is , The Prince of Peace : His Sermon on the Mount was , The Gospel of Peace : The Blessings in it , are to The Poor in Spirit , The Meek , The Merciful , The Peace-makers , &c. His Life was one continued Practise of it ; And his last Legacy to his Disciples , was Peace . He gave to Caesar the things that were Caesars ; and that Tribute , which yet was the product of an Absolute Power , he not only paid it without disputing the Authority , but commanded it to others : And tho' the Imperial Power after his Death was of the same Absoluteness , yet St. Paul says not , the Senate had declar'd it Illegal , but calls it The Ordinance of God , and enjoyns Subjection to it . What the Apostles in their time were , the same ever , and now challenge the Governors of all Churches ; next , and under Kings , they are in the stead of God to the People ; and where they make a false Step , what wonder if the unthinking People forget the Precept , and take after the Example ? They see nothing but ( sub imagine lusca ) by twilight , and conceive according to the colour of those Rods are cast before them ; They hear a noise , but know not whence it cometh , or whether it goeth , and run away the Cry , without so much as laying a Nose to the Ground for 't . What made the People set up Adoniah against David's disposition of the Crown to Solomon ? Abiathar the High Priest was in the Head of them . What made the Nobles break the Yoak ? The Prophets had Prophesi'd falsly , the Priests applauded it with their Hands , and a foolish People lov'd to have it so . Or what made the Jews who had so often acknowledg'd our Savior , turn head against him , and crucifie him ? The Chief Priests , the Scribes and Elders had possess'd the People , that the Romans would come , and take away their City . Thus we see what Influence Great Men have upon the heedless Multitude ; and therefore how wary ought they to be , how they give them the least Example of Disobedience ; for it is seldom seen , but where the one Disputes , the other Cavils ; and where their Leaders make but a Shrug at the Government , the People think it high time to be Mending it : Our own Histories are as one Example of it ; or if they run narrow , Tacitus may be believ'd of his , Erant in Officio , qui mallent mandata . Imperantium interpretari , quam exequi . There were ( saith he ) some in Power , that were more for Commenting , than Executing the Emperor's Directions . Nor are Disputes or Excuses of less danger ; for it is a kind of shaking off the Yoke , and an Essay of Disobedience ; especially if in those Disputings , they which are for the Direction speak fearfully and tenderly , and those that are against it , audaciously . And if by such means a Fire break out in the State , 't will want no Fuel , when 't is kindled from the Altar . And for the Time of their Presenting it , I shall consider it as it may respect the present Circumstances of the Kingdom , or that half scantling of time they gave his Majesty to consider of their Excuses . As to the former , the glut of Reformers in Edward the Sixth's time was great , and the Qualifications so indifferent , that the Church of England has ever since labor'd under it , and the same Elements that compounded her , half destroy'd her : For as the Laws , not the Doctrin , brought them first together , they no sooner found themselves streightned in the One , than they made it up with the Other , and Themselves somewhat in the Broils , that were otherwise nothing in the Peace of the State. These Humors , during Her , and King James's Reign , lay fermenting in the Body , but in his Son 's broke out into a Pestilence . The Crown sell , the Church follow'd it , and the most diligent Enquirer might have sought England in her self , yet miss'd her ; till at last it pleas'd Him , whose only it is to still the raging of the Sea , to say to the Madness of the People , Huc usque , nee ultra . His late Majesty King Charles the Second was Restor'd ; and so little averse were the Catholic Lords to the Church of England , that their Votes , which otherwise might have kept them out , brought them once more into the House of Peers : nor were they scarce warm in their Seats , before the Act of Uniformity was pass'd , and driven with that Violence , that it had like to have overturn'd all agen . The Dissenters were not fit for Employ , they had Mony in their Purses , and the World was wide enough : The Catholic Lords were less to be trusted , they cumber'd the Ground , and 't was but fit they were down : There remain'd nothing but to cast out the Heir , and then the Inheritance would be the easier divided . And here also it pleas'd God to appear in the Mount : He pluck'd him out of the deep Waters , and set him on the Throne of his Ancestors : And as he came to the Crown thro' the greatest of Difficulties , he has been preserv'd in it by no less a Providence . He stifl'd two Serpents in the Cradle of his Empire , and in a three-years Government conquer'd all Example , in His own . And now , when our troubl'd Waters had begun to settle again , what need of whistling up the Winds for another Storm ? When the Wounds of the Kingdom were almost clos'd , what Charity was it to unbind them too soon , or under pretence of easing the Patient , to set them bleeding afresh ? In a word , when the Brands of our late Rebellions lay smother'd in their almost forgotten Embers , what prudence was it to rake them into another Flame ? I see little of the Dove in it , and am loth to say , too much of the Serpent . And for that half scantling of time they gave his Majesty to consider of their Excuses , it seems here also , that the Spirit of Direction ( like Baal in the Kings ) was some way or other out of the way . The Declaration was no new thing , it had been published the 4th of April 1687 , and his Majesty had receiv'd the general Acknowledgments of the Kingdom for it ; which argu'd their Satisfaction in it . The Corn was in the Ground , and now , if ever , was the time to sow Tares ; and therefore , to prevent their choaking it , His Majesty the 27th of April 1688 , ( which was one full year , and three weeks after ) enforces his first Declaration , and commands it to be read in all Churches within Ten miles of London , on the 20th and 27th of May , and in all other the Churches thro' the Country , on the 3d and 10th of June following ; time enough ( one would think ) to have consider'd the Matter , so as to have given the King some time to have advis'd . Whereas on the contrary , they make no scruple of it , till the 18th of May , about 10 at Night , and then ( the 19th being a Day appointed for Hunting ) they present the Paper before mention'd , as well knowing , that if his Majesty had an Inclination of Countermanding his Declaration , he was so straitned in time , that he could not do it , for it was to be read the Day after . And what can be rationally interpreted from it , but that they had been all that while numbring the People , to see whither the Party were strong enough ? And I am the rather inclin'd to it , for that since the time of the first Declaration , the Doctrin of Non-Resistance has not been so much in Vogue , as it was formerly ; it would keep cold for another time , and to have pressed it now , who knows but the People might have believ'd it ? In short , Nathan , Zadoc , &c. had some pretence for opposing Adoniah ; Me thy Servant , and Zadoc the Priest , he hath not called . So Core , Dathan , and Abiram , were Ecclesiastical Princes , and thought they might have as much right to Govern as Moses : But when the Church of England ( founded on the Law of England ) acknowledges the King Supreme in all Causes ; Themselves , infra aetatem , & in custodia Domini Regis ; when the King by his Declaration has secur'd them in their Religion , Possessons and Properties , and by vertue of his Royal Prerogative ( and for the Quiet of the Nation ) only indulg'd it to others , ( yet making no doubt of the Parliaments concurrence in it ) is it just that Their Eye be evil , because the King 's is good ? or must the Kingdom of Heaven be confin'd to a Party ? I never heard that Disobedience was any Qualification for it ; and therefore , if they will not enter themselves , why do they shut it against others , that would enter ? But perhaps the Petition ( if yet there can be any reason for the breach of a Duty ) may give us the reason of it . The Title says , In behalf of themselves , and others of their absent Brethren , and of the Clergy of their respective Dioceses . Which makes good what I before hinted , that instead of Distributing and Publishing His Majesty's Declaration to be read in their respective Dioceses , as in bounden Duty to their Supreme Ordinary the King , they ought to have done ; and the Clergy , in respect of their Canonical Obedience to them , must have obey'd under the pain of Suspension , and in case of Contumacy of Deprivation : they had been feeling the Pulse of their Clergy , and finding little return from them , but speak , Lord , for thy Servant heareth , they concluded the Flock would follow the Shepherd ; and consequently , if the Party were not strong enough , the Multitude of the Offenders might make it dispunishable ; whereas it has been seen , that a Ferry-boat's taking in too many Passengers , to increase the Fare , has been often the occasion of sinking all together . And if the Loyalty of the Church of England receive any blemish by it , what can she say , but that she was wounded in the House of her Friends ? For by the same Reason that a Metropolitan refuses the Injunctions of his Supreme Ordinary the King , by the same Reason may a Diocesan refuse his Metropolitan , and every inferior Clergy man his Diocesan ; and when the Chain is once broken , you may dispose the Links as you please . But the Petition says , It was neither from any want of Duty and Obedience to His Majesty . No ? Then why was it not comply'd with ? Shew me thy Faith by thy Works , saith St. James ; nor will it be possible to clear that Son of Disobedience , that said I go , but went not . A Bishop ( as before ) is not bound to obey any Mandate but the King 's ; which Exception proves the Rule , and that he is inexcusably oblig'd to obey the King's : For all Bishops are subject to the Imperial Power , who is to be obey'd against the will of the Bishop . Mauritius the Emperor ( says Bishop Taylor ) commanded St. Gregory to hand an unlawful Edict to the Churches ; the Bishop advis'd the Prince , that what he went about was a sin , did what he could to have hinder'd it , and yet obey'd . It was the Case of Saul and Samuel : The King desires Samuel to joyn with him in the Service of the Lord ; He , with the liberty of a Prophet , refus'd at first , but afterwards joyn'd with him : Whereupon the said Bishop in the same place further says , That even the Vnlawful Edicts of a Lawful Prince may be published by the Clergy : How much more then those that are Lawful ? And that this Declaration is such , I shall shew presently , when I come to speak to their word Illegal . In short , the Archbishop of Canterbury is Ordinary of the Court , and a Bishop's private Opinion may be warrant enough for him to speak when he is requir'd , but not to reprove a Prince upon pretence of Duty . Our Holy Mother the Church of England being both in her Principles and constant Practises unquestionably Loyal . Nor have they hitherto appear'd other ; and , if not Religion , moral Gratitude must have oblig'd them to it . All the Bishoprics of England ( but Sodor in Man , which was instituted by Pope Gregory the Fourth ) are of the Foundation of the Kings of England , and those in Wales of the Prince of Wales : Nor is it less than reason , that they look up to the hand that fed them ; Or to whom more justly ought they have paid the Tribute of Obedience , than to Him that took them from the Flock , and sate them among Princes ? In a word the late War was Bellum Episcopale ; and if King Charles the First would have confirm'd the Sale of Church Lands , he had sav'd Himself : And why then do they reproach the King His Son with their Loyalty , when they instance the contrary in so small a trial of that Obedience ; especially when , were the matter doubtful , the Presumption were for Obedience , and even unjust Commands may be justly obey'd ? For as we fear the thing is unjust , so have we reason to fear the evil of Disobedience , for we are sure that is evil ; and therefore we are to change the Speculative Doubt into a Practical Resolution , and of two Doubts take the surest part , and that is to obey ; because , in such Cases , Reumfacit Superiorem , iniquitas Imperandi ; innocentem Subditum , ordo serviendi : The Evil ( if there be any ) is imputed to him that Commands , not him that Obeys , who is not his Prince's Judge , but Servant ; and they that are under Authority are to Obey , not Dispute ; nor shall any thing done by vertue thereof be said to be contra pacem . David commanded Joab to put Vriah in the Head of the Battle , to the end that he might fall by the Enemy : Joab obeys ; Vriah is kill'd ; and yet not Joab , who might have prevented it , but David , who commanded it , is charg'd with the Murther . In a word , to pretend Loyalty for a common Principle , and yet make Disputing and Disobedience the Practice of it ; what is it , but a drawing near with the Mouth , when the Heart is farthest from it ? The Voice ( perhaps ) may be the Voice of Jacob , but the Hands are the Hands of Esau . And having to her great Honor been more than once publickly acknowledg'd to be so by your Majesty . And do's his Majesty less than acknowledge it in this Declaration ? He has in the Word of a King secur'd to them their Religion , Possessions and Properties ; And why ? but to assure them , He repented not the Character . And it was their Interest , if not Duty , to keep it up ; nay , the Honor of their Church depended on it , inasmuch as Men value things , according to the present Good or Evil they do in the World ; and what Advantage can that Religion give us to another Life , when it shall be found mischievous , or destructive to this ? They have ( I said ) the Word of a King for their Security ; but if they force him in his own defence , to secure against it , whom can they blame but themselves , who first made the Challenge ? Abiathar's Service to David , was acknowledg'd by Solomon , but when he once began to boggle , he forgave , but remov'd him . And our Bishop Bonner , tho' he got his Bishoprick by thwarting the Pope , yet he lost it agen by opposing the King. In a word , The Holy Spirit in the Apocalyps , acknowledges the good works of the Seven Churches of Asia , but bids some of them remember , whence they had fall'n , and repent , and do the first works , or he would remove their Candlestick . Nor yet from any want of due tenderness to Dissenters . No ? Why then have those Penal Laws been executed with so much rigor against them ? Or why are they so averse from having them eas'd at present ? What brought them into this Kingdom , I have touch'd before , and what turn'd them out again , and our Trade with them , is demonstrable enough in the late Protestants of France . I will not say but they might have been kept out at first ; but being settl'd , and embodied into a People , it may seem ill Policy to remove any Greater Number to gratifie a Lesser . It is not the Nobility , or the Gentry , that are the Traders ; nor is it the Gown that enriches more than particular persons : but the Trade of the Merchant , and the Industry of the Middle sort , that enriches a Nation , and without which Vena porta , let a Kingdom have never so good Limbs , it will have but empty Veins . It was Trade gave England its first Credit abroad , and the Manufacture at home found mater to it ; the One drein'd other Kingdoms to water our own , and the Other brought a Ballance to it , in making the Export come up to the Import , and both together secur'd the Dominion of the Sea , and made the Wealth of either Indie a kind of Accessary to it ; and all this carry'd on by the Middle-sort of People . Take our Sea-Ports , and the Sea-Man is but here and there a true Church-of - England man : The Merchant that employs him not much better at Heart : The Artisan thro' the Kingdom has more than a Spice of the Disease ; and the Body of the People not least infected with it . However , let them be quiet within themselves , and they dispute no Authority ; but when they are uneasie , and mew'd up at home , what wonder if they change it for a freer Air ? What makes us complain of the want of Trade ? That our Neighbors have gotten into our Manufacture ? That our Ships are not so well Mann'd as formerly ? And the Rents of Lands fallen ? The Reason is obvious : Our selves have cut off our own Hands . The Merchant sits down with what he has , or turns Builder ; The Work-man carries his Art with him ; The Sea-man will have his Opinion , as well as his Pay ; And the Lump of the People their Consciences , or Good-night Landlord ! Whereas , since his Majesties late Indulgence , Trade is visibly encreased , Building stops of it self , the Kingdom begins to People agen , and the numerous Addresses on this occasion , speak so general a Satisfaction , that if such be the Dawn , what may there not be expected from its full Day ? And is there no Equity , that the Catholic also come in for a share , tho' the word Dissenter seems not ( in proper Speech ) to comprehend him ; for neither the Law of England , or themselves , ever knew him by that Name ? However , that some tenderness might be due to them , may be gather'd from the English Litany . The Church of England knows , the King professes the Faith of Rome ; And therefore when they beseech God , That it may please thee to keep and strengthen in the true worshiping of thee , in righteousness and holiness of Life , they Servant James our most gracious King and Governor , what do they mean by it ? if after the way which some of them call Idolatry , so worships he the God of his Fathers , and they beseech God to keep and strengthen him in the true worshiping of him , they imply that Worship to be a true Worship ; and if they do not believe it , and yet use the words , how will they avoid a Sin ? for whatever is not of Faith , is Sin. In a word , The King has made a General Indulgence to all his Subjects , The Catholics fall under no particular Exception , in it ; And therefore , the Law of Reason , as well as the Law of the Land , gives them the benefit of it . In relation to whom , they are willing to come to such a Temper , as shall be thought fit , when that Matter shall be Consider'd and Setled in Parliament and Convocation . What the Temper hitherto has been , is but too sensible already , and what it is like to be for the future , may be guess'd by what 's past . The King ( who by the Law of England is Supremus in Ecclesiasticis ) has Thought fit , Consider'd , and Setled the Matter ; and were a Parliament now Sitting , the King is sole Judge , all the rest but Advisers . The Royal Prerogative is a part of that Law of the Land , and by that Authority , the King has Setled it ; and therefore it becomes no Man to be wiser than the Law. Nor is the Advice of Ignatius to his Clergy forreign to it , Nolite Principes irritare ut acerbentur , ne ansam detis iis qui illam contra vos quaerunt . Provoke not Princes ( saith he ) to become bitter , lest ye hand an Occasion to those that seek one against ye . But supposing it a matter only cognisable in Parliament , why could not they have held till then , and in the mean time obey'd ? especially , when the King had by the same Declaration , declar'd his Resolution of calling a Parliament in November next at farthest ; and our Law says , Extra Parliamentum nulla petitio est grata , licet necessaria . No Petition , how necessary soever , is grateful out of Parliament . Or how then could the Convocation be concern'd in it ? for ( besides that the Matter is meerly Political , and singly respects the Quiet of the Kingdom ) if the King , who is Supreme Ordinary of all England , may by the ancient Laws of this Realm , and without Parliament , make Ordinances and Constitutions for the Government of the Clergy , and deprive them for Non-obedience thereunto , as has been more than once resolv'd , He may ; what have the Convocation to be consulted in it ? Especially when they have so often , in Henry the Third , Edward the Second , and Edward the Third's time , been commanded by the King 's Writ , That as they love their Baronies , ( which they hold of the King ) That they intermeddle with nothing that concern'd the King's Laws of the Land , his Crown and Dignity , his Person , or his State , or the State of his Council or Kingdom : ( Scituri pro certo quod si fecerint , Rex inde se capiet ad Baronias suas ) willing them to know for certain , That if they did , the King would seize their Baronies . And by the Statute of Henry the Eighth it is provided , That no Canons or Constitutions should be made , or put in Execution by their Authority , which were contrariant , or repugnant to the King's Prerogative , the Laws , Customs , or Statutes of the Realm . In a word , the King has commanded , they have disobey'd , and by their ill Example perverted others , and are yet very uncondescending ( for so the People word it ) themselves . And what would Henry the Eighth have done in such a Case ; made use of his last Argument , or thrown up the Game for a few cross Cards ? But among many other Considerations , from this especially , because the Declaration is founded upon such a Dispensing Power , as has been often declared Illegal in Parliament : And what were those Considerations ? If a Man should put an ill Construction upon them , it may be said , their Lordships never intended it ; and if they intended not to amuse the People , why did they not speak plain English , and specifie those Considerations ? inasmuch as all Petitions ought to contain Certainty , and Particularity , so as a direct Answer may be given to them ; which could not be here : For whatever the King's Answer might have been , somewhat more also might have been hook'd in from the words ; And Alexander would have given it a short Answer , ( Aut Ligna inferte , aut Thus. ) Either made it a Chimney or an Altar . But it seems it mov'd in sundry places , tho' the best Scripture for this pretended Illegality , be a Declaration in Parliament : Their Lordships instance nothing beyond their own time ; but I conceive it not impossible to bring them those of elder times , that have been so far from doubting the King's Dispensing Power , that they held it unquestionable . The Stat. 1. H. 4. cap. 6. says , The King is contented to be concluded by the Wise Men of his Realm , touching the Estate of Him and his Realm ; saving always the King's Liberty , i. e. His Prerogative of varying from that Law , as he should see cause . In the Parliament-Roll , 1 H. 5. N. 22. the Statutes against Provisors are confirm'd ; and that the King shall not give any Protection or Grant against the Execution of them : Saving to the King his Prerogative . And what was meant by that , may appear by a prior Roll of the same year , N. 15. where the Commons ' pray , That the Statutes for the putting Aliens out of the Kingdom may be held and executed : The King consents , saving his Prerogative , and that he dispense with such as he shall please . Upon which the Commons answer , That their intention was no other , and by the help of God never shall be . Queen Elizabeth had dispens'd with the ancient Form and Manner of Investing and Consecrating of Bishops , and the Parliament of the 8th of her Reign , cap. 1. declares it Lawful , as being done by her Inherent Prerogative . And when by the same Prerogative or Privilege , and Royal Authority , ( for so it is worded ) she dispens'd with the Universities , &c. so Popish a thing as Latin Prayers , and which their Lordships the Bishops still use in Convocations , though it be directly contrary to the Statute 1 Eliz. c. 1. for using the Common-Prayer in the Vulgar Tongue only : what is meant by it , but that the Queen might lawfully dispense with that Statute ? for if otherwise , there is no Ecclesiastical Person in the Kingdom , but would have found the Temporal Censures too heavy for him , when it had been too late to have ask'd a Parliamentary Consideration , whether Legal or not . And in particular in the years 1662 and 1672 , and in the beginning of Your Majesty's Reign . As to the first of which , matter of Fact stands thus : King Charles the Second , by his Declaration from Breda , had declar'd Liberty for tender Consciences , and that no man should be disquieted for difference in Opinion in matters of Religion , which did not disturb the Peace of the Kingdom . And in his Declaration of the 26th of December following stood firm to it , but that no such Bill had been yet offer'd him . While it thus lay , an Act of Indempnity , and one other of Uniformity , were pass'd : The first regenerated Themselves ; and the second , with the old Ingredient , The Growth of Popery , was a probable way to exclude Others . The 25th and 26th of February the Commons come to some Resolves against That , and Dissenters ; which , with the Reasons of them ( wherein yet they declare not the Declaration Illegal ) they present His Majesty on the 28th in the Banquetting House . The King complies ; and it was too soon after a Rebellion to have done otherwise : However , if they had declar'd it Illegal , it was but the single Opinion of the Commons , wherein the Lords made no concurrence : And therefore to say , This Dispensing Power was in the Parliament of 1662 declar'd Illegal , when ( in common and reasonable Construction ) a Declaration in Parliament is intended of both Houses of Parliament ; why may it not be as well urg'd , That those other Votes and Resolves of the Commons , touching the Bill of Exclusion , were a Legal Declaration in Parliament , when yet the Lords swept their House of it ? Then , for that other of 1672 , the King in the Interval of Parliament was engag'd in a War with the Dutch ; and , to secure Peace at home while he had War abroad , had put forth a Declaration for Indulgence to Dissenters : The Parliament meet , grant a Supply of Twelve hundred thirty eight thousand seven hundred and fifty thousand Pounds ; and , without charging the Declaration with Illegality , pray His Majesty to recall it . The Argument prevail'd , and the King did it : Which shews , that it was in the King's Option not to have done it , or done it . And lastly , for that other in the beginning of His Majesty's Reign . That also ( without declaring it Illegal ) was but some Heats of the Commons . There were at that time two open Rebellions ; the King ( who is sole Judge of the danger of the Kingdom , and how to avoid it ) had granted Commissions to certain persons not qualified according to the Statute 25 Car. 2. The Commons offer to bring in a Bill for the Indempnifying those persons : The King knew his own Authority , and ended the Dispute . And if any man doubts the Legality of the King 's dispensing with that Statute , a subsequent Judgment ( in the Case of Sir Edward Hayles ) has determin'd the Point ; And that the Power of dispensing with Penal Laws , upon Necessity , or urgent Occasions , of which the King is sole Judge , is an inseparable Prerogative in the King , not given Him in Trust , or deriv'd from the People , but the ancient Right of the Crown , innate in the King , and unalterable by them . And that this has been the ancient Judgment of the Judges from time to time , I shall meet with the occasion of shewing it in the next Paragraph . And is a matter of so great Moment and Consequence to the whole Nation , both in Church and State. And so indubitably is it , that nothing can be more : For the best of Laws being but good Intentions , if a Prince should be ty'd up to such unalterable Decrees , as in no case whatever he might vary from them , it might so happen , that what at one time was intended for the Good of Church and State , may at another prove the Destruction of both , if not as timely prevented . The present Case is a pregnant Instance of it : One would have thought , that the frequent Endeavors of the four last Reigns , for the reducing this Kingdom to an exact Conformity in Religion , might have answerd the Design ; but ( if His Majesty in his Declaration had not told us His thoughts of it ) our own Experience might have taught us , the Effects thereof have in a manner brought the Kingdom to nothing : And what should the King have done in this Case ; sate still , and expected a Miracle , or interpos'd his Royal Authority for the saving it ? The Question answers it self : And if the Power of Dispensing with Penal Laws , were not inseparably and unalterably in Him ; how could he have done it ? What elder Parliaments have declar'd in it , I have already shewn ; and that the Judges successively have gone with it , is , or may be , obvious to every man. Such was the Resolution of all the Justices in the Exchequer-Chamber , 2 R. 3. 12. And that the King might grant License , against a Penal Statute . And what is that , but a dispensing with it ? In like manner , by all the Justices in the same place , 2 H. 7. 6. That the King may grant a Non obstante to a Penal Statute , tho' the Statute say , such Non obstante shall be meerly void ; and such was the Case there . — The 13 H. 7. 8. to the same purpose . — Allow'd for good Law. Plowd . Com. 502. — Confirm'd by Sir Edward Coke , 7 Coke 36. — and 12 Coke 18 , 19. And lastly , by a Judgment in His now Majesty's Reign , of which before . And if so necessary a part of the Government , so solemnly determin'd by Parliaments and Judges , is fit to be slighted , or not obey'd , which amounts to the same , I leave it to every man. That Your Petitioners cannot in Prudence , Honor , and Conscience , so far make themselves Parties to it , as the distribution of it all over the Nation , and reading it even in God's House , and in the time of His Divine Service , must amount to in common and reasonable Construction . And on the other hand I conceive , that both in Prudence , Honor , and Conscience , they were highly oblig'd to it : For what is Prudence , but the active Faculty of the Mind , directing Actions morally good to their immediate Ends ? That this Declaration is morally good appears by the purport of it ; and that is , His Majesty's desire of Establishing His Government on such a Foundation , as may make His Subjects happy , and unite them to Him by Inclination as well as Duty . And what greater Prudence could there have been , than by their Lordships distributing that Declaration as enjoyn'd to them , and by their Pastoral Authority requiring it to be read in all Churches , &c. to have directed it to its immediate Ends , which were the Establishing the Government , and making the Subjects happy ? Or , if Wisdom must come in for a share , the Offices of That are Election and Ordination ; the choice of right means for , and ordering them aright to their End. The right means of quieting the Nation was before them ; and I think it no question , whether their Lordship 's not distributing it , has order'd it aright to the end . The King had enjoyn'd it to be publish'd , and Wisdom in this Case ( like Scripture ) is not of private Interpretation , but lies in Him that has the Power of commanding , not in him whom Conscience binds to obey . In a word , if Obedience in Subjects is the Prince's Strength , and their own Security , what Prudence or Wisdom could it be , by weakning the Power of Commanding , to lessen their own Security ? Then for Honor and Conscience , tho' in this place , they seem to mean the same thing , and may be both resolv'd into Nil conscire sibi , — yet I 'll take them severally . And how stands it with the Honor of the Church of England , both in Principles , and constant Practises , unquestionably Loyal , and to her great Honor , more than once so acknowledg'd by His Majesty , to start aside in this Day of her trial ? Both the last Armagh's , Usher , and Bramhal ; Bishop Sanderson , Bishop Morley , &c. have all along by their Doctrin , and Practices , beat down that other , of Resisting Princes , in that the Church of England held no such Custom : nor have the most eminent of her Clergy , Dr. Sherlock , Dr. Scott , and others , until this last uncomplying , Compliance , taken any other Measures . And ought not their Practise now , to have made good their Principles ? Or that Advice of the present Bishop of Ely to the Church of England , to have been consider'd , and follow'd ? Let her be thankful ( saith he ) to God , for the Blessings she hath , and unto the King , under whom they will be continu'd to her ; And take heed of overturning , or undermining the Fabrick , because she cannot have the Room that she would choose in it . And what greater Assay to it can there be , than Disobedience ? inasmuch as he that thinks his Prince ought not to be obey'd , will from one thing to another , come at last to think him not fit to be King. Nor must the Anniversary of the now Bishop of Chester , be past in silence . Tho' the King ( saith he ) should not please , or humor us ; tho' he rend off the Mantle from our Bodies , ( as Saul did from Samuel ) nay tho' he should Sentence us to death ( of which , blessed be God and the King , there is no danger ) yet if we are living Members of the Church of England , we must neither open our Mouths , or lift our Hands against him , but honor him before the Elders , and People of Israel . And having instanc'd in the Examples of The Prophets , our Saviour , his Disciples , and Christian Bishops under Heathen Persecutors , and demanded , whether ever the Sanhedrim question'd their Kings ? Nor must we ( saith he ) ask our Prince , why he Governs us otherwise , than we please to be Govern'd our selves : We must neither call him to account for his Religion , nor question his Policy , in Civil Matters ; for he is made our King by God's Law , of which the Law of the Land is only Declarative . In a word , this and the like has been the Doctrin of the Church of England , and when on that ground , his Majesty has more than once acknowledg'd her Loyalty , who in Honor more oblig'd to make it good , than those that serve at her Altar ? unless ( perhaps ) they coin a Distinction to Salve it , And that the Church may be of one Opinion , and the Church-men of another . And then in Conscience , their Obligation was higher ; for besides what I said before , that the People are apter to follow Example than Precept , every Man ( and even their Lordships with the rest ) is Party , and privy , to an Act of Parliament , and bound in Conscience , to the observance of it : Nor is there either Bishop , or Clergy-man in the Church of England , who has not subscrib'd to the lawfulness of this Declaration's being read in the Church , during the time of Divine Service . As thus : Every Clergy-man at the time of his Institution , subscribes ( in a a Book kept for that purpose ) That the King's Majesty under God , is the only Supreme Governor of this Realm : And that the Book of Common-Prayer containeth nothing in it , contrary to the Word of God. Now , the Book of Common-Prayer , as it is now used in and thro' the Church of England , is Enacted by Authority of Parliament , to be read in such Order and Form , as is mentioned in the said Book : And the Rubrick , i. e. the Order and Form , how those Prayers shall be read , is to all intents and purposes , as much Enacted as the Book its self ; And in that Rubrick , next after the Nicene Creed ( in the Communion Service ) follow these words : Then shall the Curate declare ●nto the People what Holy-days , or Fasting-days are in the Week following to be observed , &c. And nothing shall be proclaimed or published in the Church , during the time of Divine Service , but by the Minister ; Nor by him anything , but what is prescribed by the Rules of this Book , Or enjoyned by the King , or by the Ordinary of the Place . Now when all Clergy-men have subscribed , That the Book of Common-Prayer , containeth nothing in it , contrary to the Word of God ; and that the King has enjoyned , That his Declaration be read in all Churches , during the time of Divine Service ; these Subscriptions of theirs ( besides the Authority of King and Parliament ) conclude themselves , from offering any thing against the Lawfulness of reading it , as it had been enjoyn'd to them , and the Rubrick , requir'd of them . And being so , what Excuse can there be , why they did not read it ? Or suppose that Clause , Or enjoyned by the King , had not been in the Rubrick , ( as it was first inserted in this Act of Uniformity , and every Man that was of the Convocation of 1661 , knows by whom : ) were none of the King's Declarations ever read in Churches ( and that , during the time of Divine Service ) before that time ? I think there were , and ( amongst many others ) that of the Declaration for Sports , for one . Or that the Ordinary of the Place had enjoyn'd the contrary , ought not the King , the Supreme Ordinary , and as their Subscriptions farther acknowledge , The Supreme Governor of this Realm under God , to have been first obey'd ? I think he ought ; for the Authority of the Greater , Supersedes the Lesser ; nor is there any Power in his Dominions , but what is deriv'd from him . And whatever Station the King has given them in the Church , it is not to be presum'd , he thereby lock'd out himself . Nor must a Remark of the said Bishop of Chester , in his Sermon before mention'd , be forgotten here : The Jews ( saith he ) say , That the Keys of the Temple were not hung at the High Priest's Girdle , but laid every night under Solomon ' s Pillow , as belonging to his Charge . The Moral of it holds true ; for when a Prince shall have little Authority in the Church , it is not to be expected he should have much better in the State. And Lastly , for their Lordships so far making themselves Parties to it , as the Distribution and Reading of it , &c. must amount to , in common and reasonable Construction . A Clergy-man's meerly Reading the Common Prayer in his Church , is no giving his Assent to it , unless after his so Reading it , he shall publickly , and openly , before the Congregation there assembled , declare his unfeigned Assent , and Consent , to all and every thing contained , and prescribed in and by the said Book , Entituled , The Book of Common-Prayer , &c. which necessarily implies , that neither the Distributing , nor Reading it , &c. can in common and reasonable Construction amount , to the making the Publisher , or Reader of it , a Party to it . The Apostle says , Submit your selves to every Ordinance of Man for the Lord's sake . And upon this , the Bishop of Hereford grounds his Judgment , for the Reading this Declaration . The King ( saith he ) expresly commanding it to be read in all Churches , without requiring him that reads it , to declare either his Consent , Assent , Allowing , or Liking it ; I would gladly know how this is contrary to the Word of God ? Shew it me . Or , if , as it is said , this Dispensing Power be contrary to the Laws of the Land , as is declared in the Parliament 1662 , and 1672 , is it contrary to the Law of God ? Shew it me . ( pag. 5 , 6. ) Or that to read any thing in the House of God , is declaring my Consent to it ? ( pag. 8. ) No certainly ; ( pag. 9. ) for in the reading this Declaration there is no Doctrin taught , only matter of Fact declared , and perchance , to try my Obedience . ( pag. 10. ) And done out of pure Obedience to my King , upon God's Command , and to so good an End , as the preserving Truth and Peace among us . Which if we lose on this Occasion , they will have much to answer for who are the Authors of it . ( pag. 13. ) Besides whom , there are several other Bishops of the Church of England , who have obey'd his Majesty's Commands in it , albeit they may not have so publickly declar'd it . And having said so much to the Matter of the Paper , I think I may well pass the Prayer of it , That his Majesty will be Graciously pleas'd not to insist upon the Distribution , and Reading that Declaration . And therefore upon the whole , If this Declaration had not been thought fit to have been distributed , as enjoyn'd , less ought the said Paper to have been dispersed privately , and by such previous disposition , stoll'n the Form of the Design into the Matter it was to work on : And considering the Evils we had pass'd , and that the Kingdom wanted a Lenitive , not a Corrosive , least of all ought The People on the wall to have been har'd with new Jealousies : The People ( I say ) who need more a Ballance than a Fly , somewhat to moderate , not multiply their Motion . In short , Trust is the Sinew of Society , which is the right Object of true Policy ; and Distrust , a disbanding of it . The King , as he has more than once acknowledg'd the Church of England ' s Loyalty , has as often declar'd , that He will Protect , and Maintain , His Archbishops , Bishops , and Clergy , and all other His Subjects of the Church of England , in the free Exercise of their Religion , as by Law Established : And in the quiet , and full Enjoyment of all their Possessions , without any Molestation or Disturbance whatsoever . The King has said it , and shall he not perform it ? He has pledg'd his Royal Word , and shall we doubt the Truth of it ? It is not with God , that he should lye ; nor with his Vicegerent , that he should be chang'd . And therefore , let us ( as his Majesty by this his Declaration Conjures us ) lay aside all private Animosities , and groundless Jealousies : Let us Fear God , and Honor the King , and not discover the falsness of our own Hearts , by distrusting our Prince's . In a word , Let every Man in his Station , contribute ( his Mite ) to the Peace , and Greatness of his Country : Let him shew his Love to God , in his Obedience to his Prince : And let no Man , by setting up Conscience against Duty , run the hazard of dashing the First Table against the Second . FINIS . Notes, typically marginal, from the original text Notes for div A33745-e180 4 Inst . 5. Idem 362. 25 E. 3. c. 24. 8 Eliz. c. 1. 1. Inst . 134. Lord Bacon's Essay of Subjection . Glan . l. 7. c. 1. Tract . l. 5. 427. Ductor dub . fol. 606. Heylin's Life of A. B. Laud. 209. Id. Ductor Dub. 608. 4 Inst . 285. 1 Inst . 94 , & 97. Id. Duct . Dub. f. 136 , & 531. 9 Coke 68. 10 Coke 70. 22 E. 3. 3. Stan. Pl. Cor. 162. 1 Inst . 97. Epist . 12. 4 Inst . 11. Crook Jac. 37. Moore 755. 4 Inst . 322. 25 H. 8. c. 19. Serj. Rolle's Abridg. 2 part . Ti ' . Prerog . 180. Id. Tit. Prerog . Trin. 2. Jac. 2. in B. R. His Coronation Sermon , pag. 27. His Sermon on that occasion , p. 13 , 14. Ecclesiastical Canons 16●● . Art. 36. Pag. 15. Vid. Act of Uniformity before every Common-Prayer-Book . Par. 3 , 4. His late Discourse on this occasion .