HOW THE MEMBERS OF THE Church of ENGLAND Ought to behave themselves under A ROMAN CATHOLIC KING, With reference to the TEST and PENAL LAWS. In a Letter to a Friend by a Member of the same Church. LONDON, Printed, and are to be sold by Randal Taylor, near Stationers-Hall. 1687. THE TITLES OF THE SECTIONS. SECT. I. THe Character of an old Loyalist of the Church of England. Page 1. SECT. II. How such behaved themselves, during the Transaction of the Bill of Seclusion Page 4. SECT. III. How the Bishops and Clergy behaved themselves in those times. Page 14. SECT. iv The Calumnies against the Loyal Members of the Church of England in the foregoing times. Page 18. SECT. V The Affrightments and Arts now used to make Subjects believe that the Protestant Religion is to be extirpated here. Page 22. SECT. VI That the Church of England hath been in a disturbed condition under Protestant Princes. Page 27. SECT. VII. That it is in a more flourishing condition now. Page 33. SECT. VIII. The self-denial of the King in the Exercise of his own Religion. Page 36. SECT. IX. The difficulty of effecting a change of Religion. Page 40. SECT. X. Two Objections answered. Page 56. SECT. XI. That the King's dispensing with the Test is no Argument of his design to Extirpate the Protestant Religion. Page 62. SECT. XII. That it is not the King's Interest to extirpate the Protestant Religion. Page 72. SECT. XIII. Concerning the Test. Page 78. SECT. XIV. Concerning Sanguinary and Penal Laws against Roman Catholics. Page 143. SECT. XV. The Inconveniencies that will attend the not Repealing of Penal Laws, and particularly the Test. Page 165. SECT. XVI. The Practicableness of Roman Catholics and Protestants, living under one Secular Government. Page 180. SECT. XVII. The Character of his Majesty. Page 191. SECT. XVIII. The Conclusion. Page 205. ERRATA. PAge 15. Line 7. for assured read afraid. P. 22. the last line but one, for These r. There. P. 31. l. 17. for confirmed too r. conformed to. P. 40. The Title of the Section should have ended at the word Religion, and the rest be placed in the Margin. P. 79. l. ult for it r. them. P. 94. l. 7. for naturally r. natural. P. 113. l. 12. for But r. yet. P. 117. l. 1. after we, put in may. P. 178. l. 7. for preached r. practised. P. 182. l. 3. for attempts r. attempts. P. 183. l. 11. for Budifir r. Budifin. P. 185. l. 7. for Abbey r. Abbot. HOW THE MEMBERS OF THE Church of England Ought to behave themselves under A ROMAN CATHOLIC KING: In a Letter to a Friend. SECT. I. The Character of an old Loyalist of the Church of England. SIR, SINCE our first acquaintance, we have seen the Revolution of almost fifty years: In all which time your unshaken Loyalty, and steady Adherence to the Doctrine and Discipline of the Church of England have been most conspicuous. You equally hated the Flatterer, who by stretching the Length of the Sceptre, made it unwieldy; and the Factious, who by continual filing, made it too slender, and of no more force than a Reed; or so shortened it, that from a Sovereign Battoon, it scarce equalled a Sergeants Mace. You valued him most, who paid a just Deference to the Regal Prerogative, and was infinitely thankful for all the gracious Enfranchisements of the Subject. You knew too well the Injustice, and Illegality of taking Arms against King Charles the First, & settled your Judgement so firmly then, that none of the Designers Arts, to cajole the Multitude, made any impression on you. And however great your Sufferings were then, and thereby by your Disability to aid the Banished Prince: yet you were as forward as any to assist him in all things serviceable to his Interest, not only in confirming your Neighbours and Acquaintance in their Allegiance (when their Enemy's success made them dispond) but in making Converts of those who had been deluded by the specious pretence of Liberty and Reformation. So that you helped much to prepare men's minds earnestly to wish, and effectually to promote, the late Merciful King's Restauration, and when in his later time he was so Embarrassed with some of his Parliaments: you were an eminent Abhorrer, and as strenuous an Opposer of the Bill of Seclusion; and though you were branded with the name of Papist in Masquerade, and a Janisary for Arbitrary Power, yet you kept your Post, and assured those that conversed with you, that Loyalty (which you had been taught in the Church of England) was so firm a Basis to you, that the attacks of Slander, and Obloquy, should never remove you one hair's breadth from your Duty. It was the very Polar Star, to which you directed all your Actions without trepidation, the Axis on which you designed to move. SECT. II. How such behaved themselves during the Transaction of the Bill of Seclusion. GIVE me leave to remind you of some of those Answers you used to make to those Speeches were sent you from one of the Clerks of the Commons House, when the debate was hottest about the Bill of Seclusion: for it was at that critical Time, the truest Sons of the English Church, were discriminated from the Latitudinarian Protestants, Non-Conformists and Commonwealth's Men. S. W. J. Collection of Speeches. When that overgrown Lawyer said, He took it for granted, that it was impossible that a Papist should come to the Possession and quiet enjoyment of the Crown, without wading through a Sea of Blood; and without occasioning such a War, as for aught he knew, might shake the Monarchical Government: You then replied, This was more like the Bellowing of a Bull, than a response from an Oracle of the Laws, and that who ever lived to see the Duke Succeed, (as in course of Nature it was likely) would find the True Sons of the Church of England, so far from listing up an hand against him, that if his Right were opposed, they would with as much Zeal and Concern as any, fight under his Royal Standard; and if any such Bouteseu's as he, raised a Rebellion; they would only afford Trophies to his Victorious Sword, and fall as Sacrifices to the Justice of his Cause. When that bitter man's Speech was urged, That a Popish Head, on a Protestant Body, would be such a Monster in Nature, as would neither be fit to preserve, or be preserved: and it as naturally followed, as the Night did Day, that the Head would Change the Body, or the Body the Head You answered, That we ought to consider the Royal Headship, abstractedly from the Subject-Body, as we do the sublimed Animal and vital Spirits from the gross Blood, and the grosser composition of the Body. The Sovereignty being as a Presiding Celestial Power, fitted to govern Members of various Temperaments and Constitutions; and that it was as easy to conceive how a Popish King might benignly govern his Protestant Subjects, as it was for a Father to govern, with Paternal Care and Indulgence, his Children of different Humours and Inclinations; and that whatsoever Latitude, other Churchmen might take to obey Princes, only so far as they were Nursing Fathers to their Church; yet the Principles and Doctrine of the Church of England (contained in its Homilies) obliged all the Subjects to be dutiful, bear Faith and Allegiance to their Sovereign, and support his Crown and Dignity, though he were of a different Religion and it taught absolute, and unconditionate Obedience for Conscience sake. When some thought to touch you more closely in your Private Col. B. Concerns; as knowing you had some Church Lands, and shown you the Colonel's Speech, who said, He took it for granted, that we have nothing of our own, if Popery come in; not only the Church Lands, but all the Lands we have will be little enough for them, for they will never want an Holy, Sanctified, Religious pretence to take them from us. To this you answered, That the unpractitableness of restoring Church Lands is apparent, in the possession of those in Germany, got into by Hostilities, and established by Treaties; and seeing that in Queen Mary's days, when the Romish Government, and the Pope's Supremacy was reestablished, and the individual Parcels (disseized from the Church) easily known, in the Reign of a Princess so zealous to remove the Gild of Sacrilege, that she actually restored what was in her Possession, and proceeded to the Rebuilding of some Religious Houses, seeing, you said, that she, thus earnest upon the Work, and who had the Interest of the Pope, and the Zeal of a much vaster number of Catholics then are now, to assist her, was yet so far from being able to obtain an Act of Parliament for that purpose; that the Pope himself by Bull confirmed them. Certainly if this than was unpracticable, (when Protestantism was at so low an Ebb) what could be expected after almost 150 years quiet possession? So that if there were no other obstacle but the inextricable confusion, it would be impossible that any Court of Claims could adjust the Title of any Religious to them, by any colour of Law or Equity: and no Catholic Prince whatsoever, would disquiet, and disoblige the whole Body almost of his Subjects, (both Catholics and Protestants,) for the advantage of three or four of his English Subjects in every Monastery: for if he should recall all the Religious of his Subjects out of all the Foreign Convents, they would not supply them to a greater number. S. H. C. When you read another Splenetic Gentleman's Harangue, That Misery and Slavery were the Concomitants of Popery; And when in answer to a Gentleman that urged against the Bill, That it would lay the foundation of a miserable Civil War: The aforesaid zealous Knight replied, That the Barbarousness exercised in Queen Mary 's Reign by Fire and Faggot, might be put in the Balance with all the inconveniences that ever happened by any Exclusion-Act. I remember you pitied the Contlemans' short Memory, or want of perusing our Histories, where he might have found in many of the Skirmishes (besides the sixteen pitched Battles, fought betwixt the Houses of York and Lancaster, upon the Usurpation of King Henry the Fourth against Richard the Second) that more were slain in one day, and more Families ruined in one year, than in the whole Reign of Queen Mary: And however the matter should fall out (as we had no shadow of Reason to suspect) it were better to die, as Sufferers (guilty of no other Crime than the Adhering to our Religion) then to die by the Sword, Bullet, Axe or Halter for Rebellion. You farther said, That we ought to consider the difference betwixt a lawful Hereditary Prince, and an Usuper: The one being obliged, by Interest so to govern, that he may have a peaceable and comfortable Reign, and have willing and wealthy Subjects: Whereas the other (having the establishing his Usurpation his sole scope) enslaves all he can, studying only to awe all into Obedience by force, and strong hand: But it would be otherwise in the Succession here, where the Princesses his R. H. only Daughters, who, or their Issues, were in the course of Nature (if he had no Son) to succeed him were married to Protestants; so that he would have as great regard to their peaceable Possession, as his own: And let the Motives be what they could, he would content himself with the Public Exercise of his own Religion, and affording Liberty, Countenance and Protection to all Catholics, and employing some of them, and suspending the execution of such Laws as were heavy upon them: And if this were not opposed, you doubted not but his Reign would much increase the Wealth, Glory and Military Discipline of the Nation. How scrupulous now. Yet after all this, since you have lived to see so much of the Prognostics verified; of late, you have expressed apprehensions of the danger of your Religion; and the concern for that, hath made you hearken to the suggestions of some Churchmen, and others who really believe all which the Seclusionists then (without crediting a Tittle of it) most artificially spread abroad. I think myself therefore bound to offer you my Reason, why you ought not to fear this, and in the first place, think fit to remind you how the Clergy of England (that surely considered consequences) behaved themselves then, and after shall answer the best Arguments I have met with to the contrary. SECT. III. How the Bishops and Clergy behaved themselves in those times. THe Deportment of the Bishops, and the Loyal Clergy, may be best known by their adhering to the Crown-side, and the endeavours that were used to render them less credited by the People. It is very well known how strenuously they opposed the Bill of Seclusion, both in the City and Country, and how few (if any) of the Bishops in the House of Peers countenanced that Bill, which occasioned such bitter and biting Speeches, or such sly insinuating Girds against them, as if they were ready to enrol themselves under the Banner of St. Peter, and betray the Protestant Interest, rather than be deprived of the warming Beams of the Rising Sun. Sr. F. W. Hence one of the Active Members said, They might be assured of their Religion, if the Fathers of the Church join in being against the only means to preserve it; and he desired the Church might not be scandalised, for they did not disinherit the Prince for his Religion; but to save their own. And further said, That he thought it a kindness to the Church, above all other Acts whatsoever: And lest in this, he might not be understood aright, he added, that he meant the Protestant Church: which shown that these men considered the conformable Clergy of England, as a different Body from the Protestants at large; And so the kindness of that Act would operate to them, though not to the present Bishops and Clergy of the Church of England, who desired not such indirect proceed to secure them. W. H. Another said, He was unwilling to detract from the Merits of Churchmen, for whom he had a great Veneration; yet he could not but observe however since the Presbiterian Plot, they preached up the danger of fanatics to be more than of Papists, and that to disinherit the Duke was against the Law of God: Which said opinions, said he, If they should be Imbibed by the People, what would the Associating Bill signify, or any other Law against Popery. J. B. Another said, That People were come to know, that the Clergy may be good Divines, but not so good Politicians: And that the Clergymen might be in a possibility of being advanced by Popery (if they submitted) but the Laity, under a probability of losing all notwithstanding all Submission: And added, That he doubted not, but that many of the Beshops and Clergy, would as soon die for the Protestant Religion, as any Person in the Nation: but he was jealous there was some overruling Power, yet amongst them, something answerable to that of a Popish Successor. This Gentleman seemed kinder than the rest, in that he charged them mostly with want of foresight and inadvertency, that some Leading Men of their Order, were decoying them to overlook their Interest. But surely in this they Acted like good Politicians, as well as Divines, in that thereby they saved a great effusion of Blood, which necessarily must have followed such an unjust Bill: And I hope they will retain the same Integrity and Wisdom, with a good Conscience, as to afford no occasion to their Enemies to censure their defect of Religion or Policy, or allay the King-Affection and Grace to them for that Service then done to him. SECT. iv The Calumnies against the Loyal Members of the Church of England in the foregoing times. I Think it not unfeasonable here to refresh your Memory with a Summary of the Calumnies laid upon the Loyal Members of the Church of England, in the Reign of the two late Kings of Glorious Memory. In King Charles the First's Reign, the People, being wrought upon to repine at some ways of levying Money, not usual, and some Rules of Uniformity either disused, or not so Universally practised before; chose in most places such Members of Parliament, as they thought, would be most ready to redress those Grievances; who, no sooner were met, but the Designers amongst them, set the People upon petitioning against Innovations. Then the Bishops, and most of the dignified Clergy, were accused of an intention to bring in Popery, and to make some approaches to a Conformity to the Church of Rome. Every where hideous Cries were heard, of the apprehensions of the Inundation and Inflowing of Popery, when the thousandth Man scarce knew what it was, or who were the Preservers of the Banks which most powerfully kept it out; and having got Power by those Suggestions, and gained an Aversion in so many against them, before they had over powered the Monarchy, voted down, and, in the effectualest way they could, totally overthrew the English Hierarchy: And all that asserted the Government then exercised in Church and State, were branded as Betrayers of the Subjects Birthright, Privileges and Liberties, and Favourers of Popery, and Arbitrary Government: Which Epithets they never failed to interweave, and on whomsoever they fastened such of their Petards, they were sure to have their Reputation blasted, and all their subsequent Actions rendered odious to the Commonalty, who the soon of any Mortals are blear-cyed, and distorted with the suspicious squint. In the late King's time, all Loyal Men, who professed most strict conformity to the Church of England, and were not for the Bill of Seclusion or Comprehension, were stigmatised with the names of Papists in Masquerade. How efficacious these Calumnies were to Arm so great a part of the Subjects against the blessed Martyr of his People, and bring him to that tragical end, is too fresh in our Memories to need a recital. And when we found the powerfulness of those Fictions and Imaginary Goblins in both King's Reigns, to endanger the Subversion of the Monarchy and Episcopacy: Have we not reason to believe, that there are a great number of Republican Spirits yet at work, who subtly mingle themselves with all Malcontents, and dissatisfied Parties; and by their sly insinuations inflame every small Scratch, and rankle it into a venomous Boil, by their pestilent and contagious Breath? Those are continually raking into the Ashes of every of these bypast Designs, keeping some Brands always in the Embers, ready upon every light occasion to be blown into a Flame. Can we believe those to be now at rest and quiet, to have hushed or mortified their eager Concupiscence of advancing the Good Old Cause? No, no, let us not believe the Fox hath forgot his Shifts and Wiles, or the Crocodile his Tears, or the Asp his venomous By't: Let us fear the gilded Snake in the Grass, yea, rather lurking in every Thicket, where repining, murmurs, sears, jealousy or discontent can lodge. SECT. V The Affrightments and Arts now used to make the Subjects believe that the Protestant Religion is to be extirpated here. THese are a set of Men, who by their whispering dissatisfaction and suspicions of the danger of the Protestant Religion, are but fitting their Mouths, and preparing their Lungs to blow the Bagpipe of Sedition: And when they have alured the Crowd, will endeavour to decoy them into the same Designs with themselves, and excite us to follow the Methods they used in our Father's days. That new Japan doth much resemble the old Varnish, only they have found out new Exotic, affrighting Figures: And whereas before the Emblem of Venient Romani was placed at so great a distance from the Sight, that it was but faintly delineated, as in a remote Prospect: Now they think they may be bold to place it in a nearer Light, and hope to allure the Tender-sighted, and well Affected to the Church of England, to believe the reality of the Representation: which is no other, but that the Roman Altars are to be placed where Communion Tables now stand. That the great Fabric of St. Paul's is to have a Cupula with the Sword of that Saint, and the Keys of St. Peter upon it: That our Common Prayer is to he changed for a Mass-Book: And in fine, that the Protestant Religion is designed to be extirpated. The Plausible Inducements they pretend to have to believe this, are the Liberty the King grants to all his Catholic Subjects to Exercise their Religious Worship; the suspending the execution of all the penal Laws against them, and the placing of Catholics, contrary to the Provision made by Act of Parliament to exclude them. These Proceed of the King, they would make us believe, are manifest Demonstrations of his intentions to recede from his Royal Promise of protecting the Church of England: and consequently that it will crumble to nothing, by his withdrawing it. This they endeavour to infer, by the consideration of the influence the Pope and the Catholic Fathers may have upon his Majesty, who will be continually instilling into his Royal Mind, how glorious an Enterprise it will be, rousing his slow and unresolved Thoughts, with the Consideration, what a perpetual renown it ever will be to King Henry the VII. that he united the Houses of York and Lancaster: and how glorious the memory of King James the I. ever must be, who united the Kingdoms: And how transcendent a Jubilee it would cause over all the Roman World, That his Grandson should reunite his Subjects to the Roman Catholic Church; which will be so a Charm, they say, that it cannot be in his power to escape the Enchantment: Nor could he want the Charity to wish it, or neglect the essaying all means to effect it, being prepossessed with a firm Persuasion that the undertaking of it would be an acceptable Service to God Almighty. It is not my design to write any thing that may lessen the esteem and due regard Men have for the Church of England, of which I own myself an unworty Member. Neither shall I meddle with any Points in controversy, but only offer my Reasons why I cannot conceive, by the Proceed of the King hitherto, nor the consequences flowing from those steps he makes, That the Protestant Religion is either in danger, or designed to be rooted out, or so eclipsed, as we are invited to believe. SECT. VI That the Church of England hath been in a disturbed condition under Protestant Princes. BEfore I consider the present State of the Church of England, which I think, in many respects, is as flourishing as it hath been since the Reformation; I must show its former condition. During the Reign of Q. Elizabeth, and the three succeeding Kings, it hath been continually disquieted with Dissenters, fanatics, and other Sects, who never gave over their Clamours for a more refined Reformation from Rome: Every Year almost producing some bitter Invective or other; grudging, murmuring, and calumniating the English Hierarchy, to the great disquiet of the Secular Government: Hence the necessity of severe Laws against Non-conformists, ever and anon being made or reinforced. Those that lived in the beginning of the late Wars cannot forget what Tumults were in some places about placing the Communion Table Altarwise. How many were scandalised at the Bishop's, dignifyed Clergy, and Priests Habit; at the kneeling at the Sacrament, at the use of the Cross in Baptism, about bowing to the Altar, and the Name of Jesus: And tho' in Cathedrals a Solemn Order was observed; yet it was much murmured at, and was branded (both in the manner of the Celebration of Divine Offices, and the use of the Choristers and Organs) with the name of downright Popery and Superstition. Who hath a mind to know the particulars of the disquieting of the Church of England, by her Protestant Adversaries, may peruse Bishop Bancroft's Dangerous Positions, and Dr. Heylin's History of Presbyterianism, Mr. Fowlis History of the Plots, Conspiracies, etc. and such as relate the Church History of those times; and they will find sufficient to convince them, what Jars, Conflicts, Heart-burnings, and Disquiets were amongst Protestants: How the Clergy and the Liturgy were despised; which grew every Year worse and worse, till it was judged requisite by a strict execution of the Laws to master the Nonconformists, and bend, or break them to a compliance, or silence. But the success answered not the design; for on the contrary, the people's minds grew strongly alienated from the Discipline of the Church, and as soon as they had chosen a House of Commons to their mind, the use of the Common Prayer Book, Surplices, and Habits of the Clergy, and all things in use formerly, and established by Law, were voted down; and the Soldiery and Rabble were encouraged to tear the Service-Book and Surplices, to transplace the Communion-Table, levelly the Steps, pull up Fonts, break down all the painted Glass-Windows, especially where any representation of our Saviour, or any Saints, or Bishops, or other in Religious Habits were: The Copes, Vestments, and Chalices were all swept out of the Church by Order of Committees, or the Rapine of Parishioners, or Soldiers; The Monuments and monumental Inscriptions, were most of them defaced, especially where a Religious Habit was represented, an Ora pro Animâ annexed, or the worth of the Brass tempted the Sacrilege; none of the zealous Observers of the Rites and Ceremonies of the Church were permitted to enjoy any Benefice, or teach a School; Bishops, and Deans, and Chapters Lands were sold, and they were about resolving which of the Cathedrals should be demolished. So that in conclusion there was no public appearance of the Discipline of the Church of England, tho' all the Pulpits were supplied with Preachers, who conformed to their new Directory, and new Ordination by Presbyters. This might indeed be called a Protestant Church, but I am sure it was very different from the Church of England as established by Law, which was so far from then being a flourishing Church, that it had neither Vola nor Vestigium of one, but such as was under as dismal a Persecution as a Church well could be. It is true, after the late King of immortal memory's Restauration; It was restored again to a competency of Power, and Order. Yet the Dissenters Meeting-places were as much frequented as the Churches. Everywhere Nonconformable Ministers had their Conventicles, till a new Act of Uniformity was made; yet the number of Dissenters than were so many, that the King (who loved ease, and to have his Subjects minds composed, that he might more freely have the Service of their Bodies and Purses) was willing to grant them Indulgence, till that was disliked by the Parliament, and the Bishops, and zealous Members of the Church of England, whereby the King was prevailed with to revoke it. Thus was the Church of England harrassed under Protestant Princes. SECT. VII. That it is in a more flourishing condition now. LET us now take a view of its present State, and make a just parallel, and we shall, I think, find it in no worse, but in a better state than before. Now our Clergymen go publicly in their decent Habits, are reverenced and respected, no affronts put upon them. All the Ceremonies appointed by the Canons, and Rubrics are more exactly observed, and more universally confirmed too, than in any Age before; we hear little of their Conventicles, the greater number of former Dissenters flocking to our Churches, conforming in all things, answering to the Responses, standing up at the Creed, bowing at the Name of Jesus, kneeling at the Prayers, and with great attention and zeal, hearing the learned Sermons delivered almost from every Pulpit, the Ministers redoubling their pains in emulation to the Catholic Fathers, that they may retain their Flocks firm to the Protestant Religion, and we may judge, by the crowding of the Churches, That for one Dissenter that was won to the Church of England, in the late King's Reign, there are now ten, which is one of the Miracles the King has done, to unite these at so great odds formerly: So that to me it is a plain proof, that some people believe the Promise of protecting the Church of England: Which makes them shelter themselves under it; but I suppose it will be no longer than the Storm is impending. In fine (unless it be that we want his Majesty's presence at the Royal Chapel) we find no alteration from what was in King Charles the Second time, and the generality of the people, finding the Clergy so boldly to stand to the Protestant Religion, respect and reverence them more than ever. So that if the flourishing state of a Church be to be known by the number of Communicants, by the populous Auditories, conformableness to the Ecclesiastical Doctrine, and Discipline: If by the decency of the Churches, the full, free, and solemn Exercise of the Rites of our Religion, by the eloquent, learned, and painful preaching of the Ministers, by the full and free enjoyment of their Revenues, the uninterrupted Exercise of the Ecclesiastical Laws and Discipline: The present state of the Church of England is as flourishing as we can desire, and may so continue, if we can be content to yield Roman Catholics a favour next to a Toleration. SECT. VIII. The Self-denial of the King, in the Exercise of his own Religion. SINCE I am discoursing of the parallel of the flourishing state of the Church of England, formerly and now: I think we ought seriously to reflect how gracious our King is to us, and how little a share of liberty to his Catholics, he is content with. None sure could have counted it injustice, if our Sovereign had chosen his own Royal Chapel, in his own Palace, to have performed his Devotions in; whereas he quits that to the Prince and Princess, to the Archbishops, great Ministers of State, the Nobility, Bishops, and Protestants of all ranks; and contents himself with the Queen's Chapel at St. James', hath only one Bishop, his Confessarius, and a small number of Chaplains, and circumscribes his Processions within the Cloister of that small Convent: And at Windsor (his Summer-Palace) leaves the Collegiate Church to Protestants, and only keeps to himself the small new Chapel adjoining to St. George's Hall, which if he had not taken (though some unquiet Spirits made such a noise at it) he must have had no place there for his Devotion. The King graciously allows us the Cathedrals, Parish-Churches and Chapels, and the free and unrestrained exercise of our Religion; have we reason then to grudge him two or three small Chapels, and the Subjects of his Faith, their Private Oratories? We have had a further Instance of his Majesty's tenderness in protecting the Church of England, in the Letter sent to the two Archbishops, at such time when it was generally bruited abroad (we may judge by whose Artifice and Malice) that the King intended to prohibit preaching of Controversies, betwixt the Church of Rome and us, and to take away Lectures, and Afternoon Preaching; whereas we find by the Instructions annexed to the Letter, That it was no more than had been done in King James', and in King Charles the First's time, and was verbatim what had been published by King Charles the Second: And in stead of restraining our Ministers from preaching in defence of the Church of England, it is allowed, yea appointed them, so it be done according to the Instructions. Let us therefore receive these largesses of Princely Favours, with dutiful and thankful Hearts; and by no petulancy, or unnecessary eagerness for more, endanger the loss of what we enjoy. And I doubt not but Roman Catholics will allow something to a people devoted to their Religion, and distinguish betwixt those that are, and ever will be, truly Loyal, even under Sufferings; and a party that seek all opportunities to repine. SECT. IX. The difficulty of effecting a Change of Religion. First, from the People's general Prejudice against it. TO proceed more particularly to the further Reasons, why I think the Protestant Religion is in no such danger, as some labour with all their Arts to make us believe. I shall desire it may be considered, How averse the body of the People are to it. Protestantism here has taken deep Root, and the prejudice against, and even abhorrence of Popery, hath been instilled into us, with our first Rudiments: So that the generality may as well be prevailed upon to embrace Turcism or Heathenism, as the Religion which hath been represented to them as Idolatrous, and so contrary to Scripture. Education, and a long Series of contrary Usage, are great Impediments in the minds of all Men, to admit of any change in Customs, much more in Religion. The great Obstacle, that hinder the common people from complying with the Roman Catholic Religion, are, That the Public Service is celebrated in an Unknown Tongue, in which they know not how to join, as they do in our Liturgies, and the multitude of mysterious Ceremonies, do no less amaze them, who will be rather contented, to be accounted thick-skulls, than they will be at the pains to learn them. The Clergy, and those who are able to consider the matters in dispute betwixt the two Churches, cannot (after that vast number of Books that have been writ on both sides) satisfy themselves in the Doctrine of Transubstantiation, Invocation of Saints, worship of Images, Purgatory, Merit, and several other matters, in which difference they unite with other Reformed Churches. And there is something peculiar, which will be a constant Remora, (to the Clergy especially) viz. That, First, the Reformation was here more regular than in any other Country. Secondly, That Episcopal Government is maintained in good order; and such a Liturgy and Ceremonies used, as come nearest to the Primitive usage, as they think themselves very able to maintain. Thirdly, They are unwilling to yield the Roman Catholic Church to be the Judge of Controversies betwixt them. And as to the Supremacy of the Pope, The English Clergy will most unwillingly yield it, after so long a renouncing it. Lastly, The Indispensible Celibacy of the Catholic Clergy, is an insuparable hindrance of English Ministers submission to that Religion; since the married here, will be incapable of preferment, and on the contrary, must suffer degradation and beggary. Who seriously considers those things, will not only judge it an attempt unseazable (especially when the prospect of a Protestant Successor, is an Ensuring-Office to our Religion) but may satisfy any of the groundlesness of those Fears, (some people are too prone to suggest, more, I think, out of design, than that they believe it themselves) That the Protestant Religion is designed to be overthrown. There are but four ways, by which this can be effected. Either, First, by the freedom of preaching of the Fathers, Secondly, Their Writings: Thirdly, Their Conversation: Or, Fourthly, by Force; which I shall now consider. As to their Preaching, 1 That it will not be effected by the preaching of the Fathers. First, It is observable, That it is a most rare thing, to hear any discourse of Controversies, in the King's, or either Queen's Chapels, or I think in that of the Pope's Nuncio, or chapels of Ambassadors: Those Protestants which have heard them, can universally testify, That the Text, mostly, is out of the Epistle or Gospel of the day; and the scope of the Discourse is generally incitements to the duty of Holy Living, dissuasives from all kind of sin, and true motives to penitence for them. When they commemorate any Saint, in celebrating the Festival, the application is to imitate their Sanctity, and praise God for the Grace conferred on them, and affording such Examples of Devotion, and holy living: Which Heads, when they are most powerfully treated upon, may be effectual to make a Man a good Christian, but avails not much to make him a Roman Catholic. It is well known to most that hear them, that if it were not for the habit, the Ave Maria, the want of Notes, the division of the Discourse, and some small difference in the way of delivery, they could not distinguish their Sermons from those in Protestant Churches: So that they gain only by that, a little mitigation of people's Censures, who have had them represented either as ridiculous, or absurd. Since therefore the Preachers of both Churches agree in the points of Moral Piety, and the Fundamental Doctrines of Christianity: It may prevail with Lay Auditors, to judge those are the necessary things knowable; and that the skill in nice and subtle Controversies, are nothing so needful to salvation, as the decrying and shunning Vice, and Debauchery. When therefore we consider the advantage the Ministers of the Church of England have over the Fathers, we surely must yield, That they may much more easily keep their own Flock from straying, than the other can win them over to the Romish Faith. For, First, the Ministers are infinitely more numerous, and settled in their several Parishes, as so many Shepherds to secure their charge Secondly, They have willing, and unprejudiced Auditors to hear them; whereas most Protestant's that go to hear the Fathers, generally do it out of curiosity, or to censure them. Thirdly, The Ministers of England have a good Art of Address, to enforce their Doctrines; and having been longer used to preaching than the Fathers, and using a different method from them (to which people have been more accustomed:) I see no reason to fear that they can so prevail, as to commit a rape upon their Auditors Affections and Judgements, whereby they should be converted by thousands, as those were at S. Peter's Sermons; and without such Miracles, I think, by preaching, the Protestants will not be changed. As to their Writings; 2 Nor by their Writings. the scope of those seem to be primarily, to explain those Articles of Faith (wherein Protestants most differ from them) in such a manner as may conciliate a better understanding between the two Churches, and by a sweetening, and favourable representation of the Catholic Doctrine, endeavour to remove the Prejudices Protestant's have entertained against it, as irroconcileable to Scripture and the exposition of the Primitive Fathers. This seems the most Christian and Charitable method they have, or possibly can take, to render their Religion intelligible to us, or at least incline us to less censoriousness of theirs: which province the Bishop of Meaux, hath undertaken with greatest applause, and it hath been followed by some of our Country. Yet when we consider how little hither to hath been gained by this expedient, we need neithe be waspish and angry, or abandon ourselves to such sinking sears, as if the Church of England would be overset by so smooth a Sea. The Church of England hath in it many learned and dextrous men, who have good Libraries, and are well skilled in History, and the Ancient Fathers, and are well pleased, they have the opportunity of showing their Talents, and are confident they can manage their cause more advantageously than the Catholics, and think this way of their Adversaries Writings, effects not what is aimed at, but on the contrary, confirms the people, That they have been taught by their Pastors, the more ancient and true Doctrine, as it was believed in the Ages nearest the Apostles times: So when the Pope yielded to the Bohemians the use of the Wine in the Sacrament: It being received by them, as a confirmation, That the Eucharist ought to be administered in both species; and that it was as reasonable that other Points in difference should be allowed them, the Pope recalled the Toleration. When we further consider, That the dubious expressions of the Fathers, afford subtle men on both sides sufficient matter for arguing, pro and con, and that the Writers in both Churches, agree not upon a Judge betwixt them: It is not easy to conceive, how by this way, a National Conversion can be effected. For though the number of Writers were never so much multiplied: Yet since the Arguments are the same, and neither part can put the principal differences to Umpirage, or fix upon an Umpire, they may both write till Doomsday, 3 Nor by their freedom of conversation, and endeavours to proselyte the people ere they accord. As to Conversation, It must be owned that in this, as well as the foregoing particulars, the R. Catholic Churchmen, have that advantage now, that they never had since the Reformation, both publicly to preach, and publish their Books of Controversy, and be as industrious as they please, to prevail with people in their conversation, which is like a single combat betwixt a Man skilled at his Weapon, and a Novice. It must be granted also, That several persons may be reconciled to the Church of Rome, especially such as are curious after Novelties, and not well grounded in the Protestant Religion, or such as fall into solicitous thoughts about the state of their Salvation, and come to think the failures they have committed, have been occasioned by their want of due Instruction: Or once conceive that Salvation is not to be had out of the most Catholic Church, or that a perfect absolution upon Confession, and Contrition is to be had no where, out of the Church of Rome, and some may be won by an affectation of the modishness of being of the Religion of their Prince, or in hopes of the more propitious royal Smiles: and such in my judgement, as change their Religion for this sole end, neither deserve the countenance of their Prince, nor of any worthy Man; for such will vary with the next Wind, and neither God nor Man will find stability in them. But we experimentally find that the progress of these kinds of conversion is very slow, and it must be a work of many Ages, to effect any great matter this way, where so thick-set prejudices, and prepossessions of a different persuasion, are so firmly retained, that to change a Religion this way, is but like the demolishing a Fabric of immense firmness and size, by picking out here and there a single Stone, even while others are as diligent and industrious to secure it. If, last, any be won over to the Church of Rome, by any of these, or any other method of more force, the act being personal, (seeing every Man's Salvation toucheth himself most) why should any so much be concerned about it, seeing it is their own voluntary act, and no injury is done to the willing yielder, and it would be a strange obstinacy in any not to yield to conviction. Having shown the groundlesness of those people's fears that dread the overthrow of the Church of England, by any of the three forementioned ways: I come now to the last, that is, Force. It was a Masterpiece in the Seclusionists, 4 That it is morally impossible to effect it by force. to represent Popery and Slavery as Twin-Monsters, and inseparable Fiends; which they described in the most terrible shape, with Jaws of Lions, Talons of Vultures and Harpies, Eyes of Basilisks, and fierceness of Tigers, surrounding them with Fire and Brimstone, horrible Flame, and the equipage of Chains, Racks, and Wheels, and all the Torments of the Ten Persecutions, or what ever else, inventive Mischief hath since found out: Yet we now live to see them all but terrible Bugbears, and the Affrightments of Hypochondriac Dreams. By a natural instinct, we English, of what persuasion soever, are very careful to preserve our properties, which in all times have been dear to us; and those most ancient Laws that secure them, were made before the name of Protestant was known in the World. We must also consider, that with what ever daring courage, religious zeal may inspire Men; yet common policy and interest, will certainly discourage all Catholics from attempting any change of Religion by force and enslaving; lest they or their posterity, in the next Age might undergo a Retaliation as heavy upon them, when it would be more easy to extirpate the whole Roman Religion here, than now it would be to change that of one City. When therefore the founding of Religion will be the ruin of Estates, and the Story of Perrillus' Bull, is not worn out of men's Memories, or Men are like to be the Sacrifices upon the Altars, they too precipitately raise; we are not to expect such venturous Heroes, as will have the hardiness of Samson, especially since if they had, they would want the Power, and force to effect it. SECT. X. Two Objections answered. I Know it is urged, That we had a sad Experiment of the change made by a standing Army here, which was able to overthrow the Monarchy: And the French Kings late proceed against the Hugonots prove, That by force great alterations (otherwise looked upon, as next to impossible) may be effected. But the Cases are very different from ours, 1 That the case of the Usurpers, over throwing the monarchy and episcopacy is very different from ours. for in our late Civil Wars, the people were only wrought up to the height of power, to dispose of the fate of Monarchy, by the belief the Designers impressed upon them, That Popery and arbitrary Government were making great approaches, and fully designed to be introduced by the King and Bishops: And a Parliament was, by a fatal oversight, perpetuated, which was of the same persuasion; and had the Hearts, Purses, and Heads of infinite multitudes to assist them in the work of Reformation in the Church, and redressing of Grievances (as they were called) in the State: Which being such specious pretensions, and having a Parliament to patronise it; and the Scotch Nation to abett them, it was the less to be wondered at, that such a Revolution was made, especially when we consider the Church's alteration was nothing so great, as it would be betwixt the exchange of Protestant Episcopacy, for R. Catholic Hierarchy, and the Pope's Supremacy, which is here so much antiquated. Then the Doctrine of the Church was little altered, except in that they rejected the Order of Bishops: for the Service being in the known Language, without any Ceremonies, only consisting of Prayers, reading of Scriptures, Preaching and Administering the Sacraments, according to the use of Scotland, Geneva, Holland, and the Hugonots of France, the transition was more easy, after the Army was victorious: Yet we have seen how short lived, even that Usurpation was. In our present case, a Religion is to be brought in, against the most earnest endeavours, the firmest persuasions, and Resolutions, and the utmost detestation and abhorrence of the people: So that while we see only a mixture of Catholic Officers, with a far greater number of Protestants, and a Body almost entire of Protestant Soldiers: We may as well have credited, That Oliver Cromwel's Army could have pulled the Pope out of his Palace, and introduced Protestantism in all Catholic Countries, (as I have heard some of the Officers and Chaplains of that Army, confidently enough hope) as that we can expect an extirpation of our Religion here, by so small a number of R. Catholics as are in the Court, Camp, or Country. As to the instance of the French Kings proceeding, 2 That the proceed of the French King ought nor to affright us. surely they that urge it, never give themselves liberty to reflect upon the discrepancy of the case. In France, the King and the whole Body of his Kingdom are R. Catholics, and the Religion is established by Law, and it is easy to obtain further Laws for the support of it, and the destroying of all others, by a King so victorious and reverenced; since how numerous soever Protestants were there, yet comparatively to the Catholics, they were very inconsiderable. If indeed the King of France were an Huguenot, and with the assistance of his Protestant Subjects, had been able to have brought all Catholics to his Religion, than there might have been some ground for such an instance. If the advancers of this affrightment would have been so candid, as to have subjoined, how our gracious King hath granted, not only the French Exiles a safe retreat into his Kingdom, but hath likewise promised them a Protection in the exercise of Religion, conformable to the practice of the Church of England; And to all such hath granted his Gragracious Letters Patents for the collecting the Charity of his Subjects for their Relief, (which is accordingly with a superlative Liberality, afforded them) They would rather have made it as an Argument of the King's inviolable observing his Gracious promise in protecting the Church of England, than have produced it as an incitement to our fears of the contrary. But these kind of men know how to boil up Sugar to the bitterness of Aloes, and extract Poison out of Cordials. SECT. XI. That the King's dispensing with the Test is no Argument of his Design to extirpate the Protestant Religion. I Know it is urged, that if his Majesty did not design some alteration in Religion, what need is there of his so great solicitude, and earnest endeavours for the taking away of the Test; and how comes it to pass that the Law against it is dispensed with, and so many Catholics are Commissioned in the Army, and may be in other Offices? This being the continual Toll, by which some would make us believe the Protestant Religion was about giving up the Ghost: I think it most necessary to enlarge the more upon it, in showing how just it is in the King to employ Catholics, and how much Reason he hath to dispense with the Test; and that the refusing the Abolishing of it, will be attended with much greater Inconveniences than the continuance of it. It is equitable that the King employ Catholics. Before I enter upon this Subject more directly, I think it requisite, in the first place, to show the Equitableness, and Reasonableness of the Kings employing R. Catholics. In order to which, First, we must consider with what steadiness and equanimity of Mind (peculiar to himself) our Illustrious King stemmed the Torrent of Antimonarchical, and Associating Insolence: and how undauntedly he weathered out the Storm raised against him, upon the account of Religion, before his access to the Crown: So that we cannot think that he withdrew himself from the Communion of the Church of England for any Secular Interest; and being not only so peaceably at first seated on his Throne, but by a Miraculous success against a Rebellion (that was within a cast of Victory) so firmly established in his Right: It cannot be thought but that he makes some reflections on the justness of his Cause, and the favour of Heaven to his Religion; so that after we have seen him Triumph over the spiteful and impotent Confederaces against him, and know him to be a Prince of those rigid Principles of Honour and Conscience, as in no time to make use of the coverture of dissimulation; we must conclude, that the World would judge him hypocritical in his Religion, if he should not publicly practise it himself, and countenance the Profession of it in his Catholic Subjects, and show as favourable a regard to them, Caeteris paribus, as to Protestants. Secondly, 2 That the King hath reason to favour his Catholic Subjects. It is most natural for every person to cherish and confide in those most, who are of the same Persuasion with themselves in point of Religion, who are to be supposed, will most cordially and concernedly adhere to their Interest, as knowing that their common Fortunes are interwoven. While therefore Protestants, since the Reformation, have been the sole usu-fructuaries of all the places of Honour and Profit in Church and State; and all, who have been bred Catholics, have been, since the beginning almost of Queen Elizabeth's time, or at least from the middle of it, under more or less continual pressure: And a great many suffered most deeply for their Loyalty to King Charles the First: And during the credence given to the late Plot, have been harrassed from Session to Session, proceeded against as Traitors, Imprisoned, and forced into Exile, or undergon the severe penalties of the Laws: It is but reasonable that they, or their Posterities should, with some more than common emotion of Joy and Contentment, entertain the liberty of the exercise of their Religion, they have so long been restrained from. Nor is it to be wondered or repined at, that they are very desirous to receive the Warmth and Sunshine of a King's Favour, they have so long been deprived of; and of discovering their Joy and Satisfaction, that they may be capacitated to render him Service, and be united in that dutiful Bond of Loyalty with Protestants, though they cannot accord with them in Matters of Religion. Thirdly, 3 It is unreasonable the King should be abridged of it, It is a very unreasonable Matter, that any Sovereign Prince should be abridged of the liberty of placing his Favours at his pleasure, either in Compensation of his Subjects Sufferings, or, as a reward for their serviceable Loyalty; or for the support of some meritorious Person, or such as by their Pen do him Joynt-service with his Arms; the one awing, and the other arguing the Ill-disposed Subjects into their Duty: And it no ways becomes Subjects to Murmur, much less to repine, upbraid, or offer at catechising the Prince for it. Fourthly, 4 It is an usual practice among Princes. It is a well known usage amongst all Princes to entertain, in their Service, Great as well as Inferior Commanders that are useful to them, without having respect to their Religion: For the Liberty that any Great Prince gives to a brave Man, to Exercise his Devotions in the way he has chosen, makes him so much the more at ease, to be solicitous about nothing worldly, but the true serving his Prince; which made the late King not ill served by some of his greatest Sea Commanders and Captains, who had learned their Experience under the Usurpers, and were Non-Conformists to the Church of England. It is well known how long Marshal Turene served the French King before he returned to the Bosom of the Church of Rome, and how Cardinal Richilieu, and he, though they offered their Prayers at several Altars; yet petitioned jointly for success to their Common Master: And how long after, the same King entertained Mounsieur Schomberg, and other Protestants. Surely the Germane Emperor doth not reject the Service of the Lutheran Princes, and their Forces against the Otoman Empire; and it is well known, that Foreigners are employed in the Councils or Armies of most Princes. Fifthly, 5 It is but like employing Subjects of different Kingdom or Countries. Neither can I see any greater difference in the Kings employing of some Catholics together with Protestants, than there is in his making his Subjects of both his Kingdoms, participants with us English, in Offices and Ministeries of State: Which to repine at, were very great Injustice, seeing it is what has been ever practised. Sixthly, I may add further, 6 It would be an injustice not to do it. that it were a great oversight in Politics, and an Injustice, if his Majesty did not employ Catholics; for it is most fit, in all his great and small Services, he should intermix those he might most entirely confide in by the Unity of their Interest, by which a commendable emulation would be betwixt them, who should serve him best, or at least his Wisdom or Umpirage would be best known, by choosing what Council to follow, when they proposed different Mediums; and it would keep either party in that Golden Mediocrity, which is most useful to Princes. As to Injustice (which Epithet, whoever would fasten upon a Prince, robs him of one of the noblest Flowers of his Crown) can it be other in a Prince not to bestow Rewards, Honours and Offices (that are solely dispensable by himself) to his serviceable Subjects, or such as have suffered for their adherence to him, or his Family, and persevere in it? and none can deny but some Catholics are such: And all Catholic Princes would judge our King a very unequal Distributer of his Favours, and to have no great Zeal for his Religion, if he should not countenance and prefer some of his Catholic Subjects: Yet none of those Acts of bounty or choice he can do, if he cannot dispense with penal Laws. Yet for all this gracious and just Favour to Catholics, I do not see, that by any the remotest consequences, either the King doth design, or that it is his Interest by them to extirpate the Protestant Religion, but rather to conciliate a better Union betwixt them, by conversation and mutual Service; that, in as much as in him lies, by the experience now, of that good Accord betwixt them, in the Civil and Military management of Affairs, a better understanding may be betwixt them, even under a Protestant Prince: Though it is to be doubted that, however now we grudge, that a few Catholics are in Commission, and are peevish because any are employed besides Protestants; yet who ever lives to see a Protestant Successor, will not find the same reciprocal Favours to Catholics. SECT. XII. That it is not the King's Interest to extirpate the Protestant Religion. THe Reason that presseth me much to believe, that the King neither Designs, nor thinks it his Interest to introduce the Catholic Religion, so as to extrude the Church of England, is the moral impossibility, that so wise and generous a Prince, and so great a lover of his Country, (however his wishes may be, in his Judgement, thinking it conducible to the Salvation of their Souls) will undertake a Business that requires a long long Age to effect, and must render those days he hath to live (which I wish many and many) full of disquiet and anxiety, if not of Blood and Carnage. For it is a Prince's paramount Interest to consult the safety of his Government; and where he governs Subjects (as his are circumstantiated) so to manage Affairs, as he may not weaken his Kingdom's defence against his watchful Neighbours, by giving the Power into a few hands, against the hundred times more numerous, and consequently more able to serve him in his Defence, or give opportunity to such (as we may be sure, are not true to the Principles of the Church of England of nonresistance) to raise some formidable disturbance, which the Catholics singly will not be able to quell. It is very evident, that the Doctrine professed by the Church of England, is unconditioned Loyalty; and the Members of it, that understand best the Doctrine, and their Duty, think in this particular they carry the Prize from all other Church-Societies. But they are not all to be reputed Members of the Church of England, who go by that Name; there are some can be very loyal to a Protestant King, but can be factious, seditious Malcontents, and sowers of jealousies and fears under a Catholic; and think it no sin to be regardless of his Honour or Success. And if any Rebellion should happen (which God avert) they would think it their Duty to sit still; and others who fight for pay only (of which it may be presumed there are many of the Common Sort) if upon any Revolt they had a prospect of Money, and the better securing of the Religion they value, would swiftly run over to that side, where they might hope for both. Besides which, the indefatigable Commonwealthsmen, Malcontents, Non-conformists, and several of the Zealous true Protestants Associaters, and Exclusionists, would combine in opposition to barefaced Popery; for they are all threaded on one String, the same Iron Sinew running through them all; so that if by any Wars abroad, or Intestine Discontents at home, any Calamity should happen, (which may fall out under the prudentest and wisest Prince) It is to be suspected by the mere terrible Engine (the fear of losing their Religion) the Body of the People would consider their strength only, and make their Loyalty give place to their great Concernment; and neither regard the King's Sovereignty, or the Loyal Principles of the Church of England, but forget all Duty, and Reverence, to secure that which (they would make us believe) is dearer to them than their Lives and Fortunes; and then the Catholics, and true Sons of the Church of England, would be only left to abide the shock of all the rest. And though such a Prince as ours, is not to be affrighted out of his Methods: yet we may rationally Judge that he considers all this, and must compute what Hearts and Hands he is sure of; and will not embarras and imbroil himself in Matters so difficult to accomplish, and make his Reign uneasy to himself, by imposing a Religion upon his Subjects, they are so much Strangers unto, and have such an aversion from, and to no other end, but to force his people at the best to become Hypocrites. Having thus, I hope, cleared that Point, that the Protestant Religion is in no such danger as timorous, or designing Persons would have us believe: I come now to speak more particularly to the Test, which is looked upon as the very Barrier, Rampire and Citadel, that is only left to defend us against the overpowering Attacks of Popery; which some Men would make us believe, if it once be yielded up to the King's demolishing, no visible hold is left to prevent the whole Nation's being subdued to the Catholic Religion. SECT. XIII. Concerning the Test. I Shall first therefore endeavour to show the Nature of the Test, and the occasion of the making of it; and the several Reasons why it may be prudence to revoke it, and other penal Laws. And lastly, the inconveniences of denying to repeal it, and so draw to a Conclusion. The Motives that occasioned the making of the Test. It must be owned, that it hath been the Care of most Protestant Parliaments, especially since the late King's Restauration, to secure the Militia, and the King's Guards, and standing Forces in the hands of Protestants only: Therefore in the Act for Settling the Militia, Anno 1661., the taking of the Oaths of Allegiance and Supremacy were enjoined; and when it was known, that our King had left the Communion of the Church of England, the Houses began to be more intent upon finding out ways to secure the Protestant Religion; and then those, who afterwards, pushed forward with such violence the Bill of Seclusion, having gained so specious opportunity, to lay all the stress of their Contrivances, upon the necessary endeavours to secure the Protestant Religion, under the notion of protecting the Person and Government of our late King, and preventing a Popish Successor, from Arming Catholics to the hazard of the Protestant Religion; They prevailed upon the King to give his Assent to the Bills. I shall now give you a Breviate of it, in the words of the Act, and give some short Notes upon them, and then proceed. The First Act. Stat. 2●. Car. 2. c. 2. The Title of the Act is, For preventing dangers which may happen from popish Recusants. And the preamble adds, For quieting the minds of his Majesty's good Subjects; It is enacted, That all and every person or persons, as well Peers, as Commoners, that shall bear any Office or Offices, Civil, or Military, or shall receive any Salary, Fee, or Wages, by reason of any Patent, or Grant from his Majesty, or shall have command, or place of Trust, from and under his Majesty, or from any of his Majesty's Predecessors, or by His or Their Authority, or by Authority derived from Him or them, within the Realm. etc. or in his Majesty's Navy; I slands, &c, or shall be of the Household, or in the Service, or Employment of his Majesty, or of his Royal Highness, the Duke of York, etc. shall personally in the Court of Chancery, or Kings-Bench, take the several Oaths of Supremacy and Allegiance, and receive the Sacrament of the Lords Supper, according to the usage of the Church of England; and the like for all Officers to be admitted to any Office for the future, within a time limited. The Neglecters, or Refusers to be adjudged incapable of any other Office, or to Sue, use any Action, Bill, Plaint, or Information in Courts of Law, or prosecute any Suit in any Court of Equity, or to be a Guardian to any Child, or Executor, or Administrator of any Person, or be capable of any Legacy, or Deed of Gist, or to have any Office, and shall forfeit 500 l. The persons obliged to take the Oaths, shall at the same time make and subscribe the Declaration following, under the same penalties, and forfeitures, as by the Act appointed. The Declaration is in these words, I A. B. do declare that I do believe, that there is not any Transubstantiation in the Sacrament of the Lords Supper, or in the Elements of Bread and Wine, at, or after the Consecration thereof, by any person whatsoever. There is a Provision that this Act shall not hurt or prejudice the Peerage of any Peer of this Realm, either in time of Parliament or otherwise: But this was in the next Act fully vacated. The Second Act. 30. Car. 2. The second Act is Intiuled, An Act for the more effectual preserving the King's Person and Government, by disabling Papists from sitting in either House, and the Preamble adds, That for as much as divers good Laws have been made, for preventing the increase and danger of Popery in this Kingdom, which have not had the desired effect, by reason of the Liberty which of late some of the Recusants have had and taken, to sit and vote in Parliament: Therefore, it was Enacted, That no Peers of the Realm, and Members of the House of Peers, should Vote or make their Proxy in the House of Peers, nor any sit there, during any debate in the said House; Nor should any Members of the House of Commons Vote, or sit there during any debate, after the Speaker was chosen; until they respectively take the Oaths of Allegiance and Supremacy, and make, and subscribe, and audibly repeat the Declaration following. I A. B. Do solemnly and sincerely in the presence of God, Profess, Testify, and Declare, That I do believe that in the Sacrament of the Lords Supper, there is not any Transubstantiation of the Body and Blood of Christ, at or after the Consecration thereof by any person whatsoever; and that the Invocation or Adoration of the Virgin Mary, or any other Saint, and the Sacrifice of the Mass, as they are now used in the Church of Rome, are Superstitious and Idolatrous. Likewise no Peer of England, Scotland or Ireland— being twenty years old, nor any Convict Recusant, that takes not the same Oaths, and make and subscribes the Declaration, may advisedly come into, or remain in the presence of the King or Queen's Majesty, or come into the Court or House, where They or any of Them reside. Every Peer, or Member thus offending, shall be deemed and judged a Popish Recusant, and suffer as such, & be disabled to hold or execute any Office or place of Profit or Trust, Civil or Military, in any of His Majesty's Dominions, &c and shall not Sat or Vote in either House, or make a proxy in the house of Peers, or have any benefit of the Law, as in the foregoing Act, and shall forfeit 500 l. Also every sworn Servant of the King, not having performed all things in the former Act required, shall do what this Act enjoins, or shall be disabled to hold any place as sworn Servant to the King, and suffer all the Pains, and Penalties aforesaid. The Provisoes are, That Nine of the Queen's Man-servants, natural born-subjects of Portugal, and as many Women-servants, such as shall be nominated by the Queen, under her Hand and Seal, are exempt from the taking these Oaths, etc. Secondly, That none be restrained from coming or residing in the King or Queen's presence, etc. that shall first obtain warrant so to do, under the Hands and Seals of six, or more Privy Councillors, by order from his Majesty's Privy Council, upon some urgent occasion, therein to be expressed; so that such Licence exceed not the space of ten days at one time, nor thirty days in one year, and such Licence to be recorded in the Petty-bag-Office. Lastly, That nothing in this Act shall extend to his Royal Highness the Duke of YORK. Some Reflectione upon these Acts. Whoever peruseth these Acts (in the circumstance we now are in) will easily, I think, yield, that whatever temporary uses there could be formerly of them, yet they could never be put in practice by a Roman Catholic King, or that he could suffer the execution of them, as I shall more at large show in the following Discourse. In this place I shall only touch upon some few Heads. As, The Sererity. First, Concerning the severity in General, upon those who could not renounce the Doctrine of Transubstantiation, Invocation or Adoration of Saints; these being purely Metaphysical Points of Religion, settled by Pecrees of Councils in the Roman Catholic Church; oblige those of that Communion to believe them, under the penalty of an Anathema; yet I think it is not easy to prove, that these Doctrines have any Natural Tendency to induce the Believers and Practisers of them, either to endanger the Person of the King, or the Government, which is declared to be the principal end why the Acts were made: and as to the increase of Popery, these very Doctrines are so far from working upon Protestants, that they are the very chief impediments, which hinder the people in General from embracing that Religion. Therefore it must appear very severe, that all persons, who by a spiritual obligation cannot renounce these Doctrines and Practices, should be obnoxious to those penalties, which, as convict Papists, they are liable to; and which, however vexatious and chargeable to them, redound mostly to the profit of Informers, Bailiffs, Clerks, and such persons as bear no proportion of Merit or Interest in the Government, to those suffering Roman Catholic Lords and Gentlemen; and by such Payments, Fines, etc. the King's Revenue is very little increased. The Reasons why made. Although some may think, some of the branches were then necessary, to prevent all Roman Catholics from enjoying public employments, whereby the Managery of the Government might solely be in the hands of Protestants; yet what necessity was there for the outlawing of them, in putting them out of the protection of the King, and his Laws, or of receiving any benefit by them, so that they could not recover their just debts, defend themselves from any injury done to their Persons or Estates, nor have equity done them, which is the privilege all Subjects claim from their Sovereign's Justice. As they must suffer all hardships: so the Acts provide that no Protestant, or other, should be beneficial to them, being deprived of all the usual ways, whereby advantages accrue to any, either by the Living or the Dead, in that they might not be Guardians, Executors, Administrators, or receive any Legacy, or Deed of Gift. Whoever considers these things with a sedate and composed mind, undisturbed with Bigotry, Suspicion, or Envy, must think this punishment intended to keep the Roman Catholics in perpetual poverty and vassalage: which not Roman Catholic Prince can take pleasure to see, or endure. Of the prohibiting Rom. Cathol. to be in the King's Court or Presence. As to the prohibiting all Roman Catholics, or any other resusers of the Oaths and Declarations, advisedly to come into the King's Presence or Courts; there might be some colour for such a prohibition, during the time that a Protestant Prince was thought to be in personal danger from Roman Catholics; but surely at any other time it appears a strange ungentileness to retrench a Sovereign's attendance, and shows a very unbecoming diffidence in the Wisdom of a Prince, and his Privy Council, as if they knew not whom, and when to prohibit Access to their Royal Persons and Court; which by direction to the Lord Chamberlain, or by Proclamation might be done upon Emergencies. It looks like a suspicion, that the hindrance of the Access of Roman Catholics was rather that they might not represent their sufferings, explain their Religion more favourably, make Proselytes, or interceded for some accused; which though not expressed in the Act fully, yet may well enough be interpreted from the words, preventing the increase of Popery. I know there is a provision upon obtaining of licence; but that could extend to very few, who either could be at the expense, or obtain the favour of an Order of Council for that purpose, and so all indigent Catholics, who for their sufferings for Kings Charles the Martyr might merit the late merciful King's regard and benignity were utterly, excluded. Not fit now to continue. But if we suppose these Acts as necessary and equitable, as the greatest Sticklers for them could evince, while the Plot was believed; I think no person endowed with common civility, will think it fit they should be imposed upon our present Sovereign; nor will they think it equitable and just, that any Roman Catholic King should deal in the same manner with his Protestant Subjects. And I presume the Golden Rule to do to others as we would be done by ourselves, should influence public as well as private affairs. Concerning the King and Queens sworn Servants. As to the Kings sworn Servants, It must be very severe upon several of them, whose fortunes were bottomed upon it; and it was a very unbecoming restraint, that a Sovereign should dismiss his Domestics, though never so experienced and faithful, for that, which, it may be few Members of the Houses would discard a Trusty Menial Servant for. As to the Queen's Servants, it had been contrary to the Law of Nations, to have imposed such Oaths and Declarations upon such as were naturaly born Subjects of Portugal; yet in that they were limited to so small a number as nine (whereas her Majesty entertains near thrice the number of Religious) it shown but little consideration of the number of Servants in the Family of so great a Princess. But I need not trouble you with the consideration of these, as moving in a lower Sphere; for what ever will induce the two Houses, to reinstate the great Orbs in their places, and capacitate them to exert their due Powers, will prevail to restore the Satellites of the great Luminaries. Therefore I shall now pass to the ejecting the Roman Catholic Lords out of their House, and depriving them of their Birthrights. Concerning the Catholic Lords, being excluded the House. By the King's Royal Prerogative, the Power of Creating a Baron and Peer of the Realm, is only in the King, as the Original Donor of all Honours, from whom all Dignities flow, as from a Fountain, to all his Subjects. Conciliarii nati. This Honour consists not only in obtaining a swelling Title and Degree of precedency, as special Marks to them and their Families of Princely Favours: but likewise hath, for many hundreds of years, had annexed to it a right of being a Member of the House of Peers, sitting and voting there; and thence they are styled frequently Hereditary Councillors, who constitute the King's Supreme Court of Judicature. In the Saxon times, and long after the Conquest, we find none but Bishops, Abbots, Priors, and these (styled Magnates or Proceres) to constitute the General Councils, which we now call Parliaments; though it seems, by what we can collect from the Ancientest Authors, the King summoned which of these he pleased, and did not tie himself to continue it to their Posterities. Mat. Paris 227. But in the Great Charter of King John, we find he granted, that he would, by special Letters, summon to these Great Councils, in Assessing all Aids and Scutage, the Arch-Bishops, Bishops, Abbots, Earls, and great Barons of the Realm. Cap. 2.12.19.37.38. So in the Great Charter of Henry the Third, those are first provided for; and a severe Excommunication was wont to be pronounced, by all the Bishops, in presence of all the Lords and Commons, against the Infringers thereof: And it is obvious to all, who know any thing of our Laws, how Sacred an Esteem the Great Charter hath had, being styled, The Charter of the Subject's Liberties, and looked upon as the Standard of the Subject's Privileges; so that some are of opinion, that even Acts of Parliament, contrary to Magna Charta, are void. Et ut Barones tractentur, teneantur, &. reputentur, etc. & eorum quilibet habeat, teneat, & possideat sedem, locuus & vocem in Parliamentis, publicis Comitiis et consillis nostris, haeredum & successorum nostrorum infra Regnum nostrum Angliae inter alios Barones, & Barones, Parliamentorum publicorum Comitiorum & Conciliorum, 'tis 〈◊〉. Part. 2. cap. 5. This Right of Barons sitting and voting in Parliament, is specially provided for in their Patents of Creation, which may be seen at large in Mr. Selden: And, as to what relates to our purpose, is contained in these Words, after the Recital of the Words of Erecting and Creating them and their Heirs-males to the Name, State, Degree, Style, Dignity, Title and Honour of a Baron, etc. That they shall be treated, held, and reputed such, etc. and every one of them to have, hold, and possess, seat, place, and voice in our Parliaments, Public Conventions and Councils, and of those of our Heirs and Successors, within our Kingdom of England, amongst other Barons and Barons of our Parliaments, public Conventions and Councils. This having been the long used form of the Patents granted by our Protestant Princes, it is not only an abatement of what the Sovereign intended for their well-deserving Subjects, and a violating of that peculiar Right, which was designed to be transmitted to their Posterities, and thereby a degrading of Roman Catholic Peers of so importent a privilege; but it wrists out of the King's hands a Royal Prerogative he hath Jure Coronae, to make and create the Members of that most Honourable House, which is his Supreme Court of Judicature. The ill Consequences that may follow such Retrenchment, being well worth serious Reflections; and of the King's Prerogative, I having occasion hereafter to treat more largely, shall add no more here, but only hint to you the Resentments of some Parliaments, when they have wanted their Members, and close this Head with some short Reflections (which with all due deference to better Judgements, and those whom it may most immediately concern) I shall only offer to be considered. Mat. Paris, p. 885. Anno 1255. The Earls and Barons absolutely refused the King any assistance, or answer at all to what he demanded, because all the Barons were not at that time called according to the Tenure of Magna Charta. Stat. 1●. 114. So the Acts of the Parliament of the 21th of Rich. 2. and all the proceed therein were totally repealed and nulled by the first Parliament of King Henry the Fourth, because the Lords, who adhered to the King, were summoned by him to the Parliament, and some of the opposite party imprisoned, impeached, and unsummoned. pryn's plea for Lords Stat. 24. When King Charles the First, sitting the Parliament, confined but one Member, the Earl of Arundel, the whole House of Lords Remonstrated and petitioned the King to take off the restraint, and to admit him to sit, and serve the King and Commonwealth in the great Affairs of that Parliament. So the Lord Digby, Earl of Bristol being not summoned, the Lords ordered his Admission to Sat, as his Birthright; 4 Justit. p. 2. from which he might not be debarred, for want of summons, which ought to have been sent him ex debito Justitiae, as Sir Edward Coke affirms. Pryn ut supra, p. 145, 146. When the same King Charles demanded the Five Members, the Two Houses grew exceedingly disquieted at it, and would meddle in no other Business, but adjourned themselves to Guild-Hall, London, till the King should give them satisfaction in discovering the Authors of that Counsel. The stress of whose Argument in their Messages to the King, Nou. 2. 1642 was, That by that means, under false pretences of Crimes, and Accusations, such and so many Members of both, or either House of Parliament, may be taken at any time, by any person to serve a turn, and to make a Major part of, whereby the freedom of Parliament would be destroyed, which, they say, dependeth in a great part on this privilege, because without it, the whole Body of Parliaments may be dissolved, by depriving them of their Members by degrees, some at one time, and others at another. Plea for Lords, p. 414. The same mischiefs which they urged might happen to the Being and Constitution of Parliaments, by the Kings depriving the House of five Members; may happen upon the Houses excluding their Members by Vote: against which Mr. Prynn makes so great an Outcry, and from this unparallelled precedent (except in the long Parliament) of expelling Members for their opinion in Religion: Some Reflections upon the whole. All Lovers of the so excellently composed Constitution of the Two Houses, may do well to consider, what an Inlet it will make to the Imitation of the likely designing Men, when they shall have any Intrigue in hand to expel Members of other Qualifications. Qualifications and Recognitions during the Usurpation. Surely we ought not to forget, how much it prolonged our miserable slavery, under the Usurpers, when no Members (how duly soever chosen by the Freeholders) were admitted to sit, unless they were so and so qualified, and made a Recognition to own the Usurped Government, and to Act nothing contrary to the Model of it. I think it no great Commendation in us to be in Love with such a Copy of the same, though drawn in oil-colours, and made more lasting and obliging by the Legality of it. When Queen Elizabeth was in greatest danger, from Roman Catholics (even while her Rival lived) she could not be induced to deprive the Roman Catholic Lords of their places in Parliament. The ill consequences of Secluding the Bishops. I think we ought to remember what dismal effects followed the Seclusion of the Bishops out of the House of Lords; and that upon the King's Restauration, none appeared more forward and zealous to have them brought into the House of Lords again, than the Roman Catholic Peers did, which Action none, I think, will interpret to have proceeded from their Love to their Religion, but solely to the tender regard they had to Justice, and the true Constitution of Parliaments; and if the Bishops and Protestant Lords, had thought fit to have been as careful of the Birthrights of those few Catholic Lords, that were Members of their House, in all probability our Religion had been in as little danger by their stay, as it hath been bettered by their expulsion; for they neither were then, or are like to be so numerous in that House, as to carry any Vote to overthrow or weaken the Exercise of the Protestant Religion. What sort of Acts of Parliament least durable. It must be owned that Acts of Parliament are to be looked upon as Laws the Subjects ought to yield all Obedience to: But it is likewise to be considered, that such Temporary Acts, which upon Emergencies, and to serve a juncture, have altered any Ancient or Fundamental Constitution of the Government, rob the King of any useful Prerogative, or the Subjects of their Birthrights; as likewise all such as by Revolution of Time have the Causes, for which they were made, ceasing: have been rarely found conducible to Public Good, or of any long continuance. It is true, our present Sovereign was personally excepted from the severity of these Acts; but it is well known that some great Members of the Houses, designed to have him presented by the Grand-Jury as a Recusant, in order to his Conviction as a Roman Catholic; and the Judges, for discharging the Jury too soon (as the designers alleged) whereby an Indictment could not be brought in, were severely censured by the House of Commons. This was not all; for the hottest Zealots were for proceeding upon the Statute against being Converted or Reconciled to the Church of Rome; upon which they would have grounded an Indictment of Treason. And whoever considers all the Arguments of the Exclusionists; will find they were bottomed upon the severe Laws against Papists. So that if his Royal Brother had been wrought upon to have consented, it had been easy, by the force of the penal Laws against Roman Catholics, not only to have deprived our Sovereign of his Right of Succession, but of his life also. Since therefore it is so evident, that the penal Laws against Roman Catholics (as they now stand in force) are not only destructive to the Subjects property, but endanger as much the Rights of Hereditary Princes: In my Judgement the King hath sufficient reason to require their repeal, and all Lovers of our Monarchy (reflecting upon the hazard his Majesty was in, from them) have reason to use their utmost endeavours to have such abrogated. Surely we cannot but reflect how things were pushed on after the credit given to that perjured Man's Plot. How a traitorous party designed the late King's Murder, the overthrow of the Monarchy, or at least the utter secluding of our Gracious Sovereign, and never rested, till they had form the Rebellion in England and Scotland. So that when we consider how these Laws were obtained, in a time when the Affrights, Heats and Ferments of the Nation were so great, and the drift of the Enemies to Monarchy, and the King's person, were not sufficiently discovered; and when we consider that those so fair-blown Blossoms, so delicately striped, with the beautiful Colours of Religion, and Property, and Privileges, were succeeded by the most poisonous Fruits: And that those men who pretended so much care of the Protestant Religion, manifestly designed the Eclipsing at least, if not the overthrow of the Church of England, by their Bill of Comprehension; whoever, I say, considers these things deliberately, cannot think the King hath any reason to be in Love with these Acts, which were made so Diametrically opposite to his Regality, and which would so manacle his hands, that he might have no power to bestow Places or Offices upon his Catholic Subjects. Having premised these things in Gross, I shall now proceed to give you some of the many reasons, why I think the King hath just cause to insist upon the Repeal of these Acts, and all other Sanguinary Laws. Reasons why the Test ought to be repealed. 1. That it chargeth the King and all Catholics with the detestable sin of Idolatry. First, If there were no other reason why he should earnestly endeavour the abolishing of them, This one thing seems to me sufficient, in that all his Subjects, who are capacitated to serve Him, must solemnly declare the King (or the Church he is in Communion with) Idolaters, than which sin I think no Christian can be guilty of a greater, except that of the so inexplicable sin against the Holy Ghost. If I were a Military man, I should be very diffident of success, or that God would prosper my Arms, while I fought a Prince's quarrel whom I judged an Idolater. And if I did not believe it (as their whole Church so solemnly denying any properly Divine Worship to be given by them to any but God, methinks should hinder me) and yet were obliged so solemnly to declare it, I should think I scandalised my Prince in the highest degree, mocked God, and gave a lie to my Conscience: So that however useful it might be to deter persons of the Roman Faith from taking it, and so to incapacitate them; yet I cannot see how a Catholic Prince can countenance or need it: And how either the King himself, or his Catholic Subjects can digest such public avowing them Idolaters, I leave to any rational man to judge: And especially the King, being, I doubt not, throughly convinced in his own Conscience, that he is no Idolater (for I think gestures only, without some kind of intention of paying Divine Honour to something that is not God, will not make a person guilty of that damnable sin) It cannot but concern him in Conscience to prevent, as much as in him lies, his Subjects averring so scandalous an untruth (in his Majesties own belief at least) and which assertion carries with it another ill consequence, that every one is not ware of: For the Ordination of our Bishops coming from the Church of Rome, if that be Idolatrous, it is no more a Church of Christ, but a Synagogue of Satan: And if it be no Damage, I am sure it is no Credit to derive a succession from it. Secondly, 2 That one great end of the Test now ceaseth. Another reason against the Test may be, that now there is no use of the direct intendment of the Act; because the end for which in great part it was made, is now obsolete, and totally ceaseth: which I hope will be clear to them that consider, that the power of the Militia, and the disposing either directly or indirectly of all the places of Service and Trust, are in the King: So that though it was but rational, that those persons, to whom Protestant Kings committed Arms and Offices, should be assured of them in fidelity, (which the being of the same Religion induceth a Prince to confide more in) lest their Persons or Government might be in danger from any armed with power, that were Catholics: So that it was but consentaneous to the Sovereign Power, in disposal of the Militia and Offices, that a Protestant Prince might refuse to be served by Catholics: and lest any such might get into Employments, he might be willing to consent to the most effectual discriminating Test that could be invented to debar them. But now the King is secure from any apprehensions of the least danger to his Person and Government from Catholics, and can have no more doubt of the Allegiance of Catholics (without such Oaths or Declarations) than a Protestant Prince could have of his Protestant Subjects under the engagement of those Oaths. Here we may en passant observe a considerable difference betwixt the method of our King, and those of former times. Now we repine, and are greatly alarmed, as if all were lost, because here and there a Catholic Officer is Commissionated: whereas the King employs triple the number (yea some say, Ten Officers that are Protestants, for one Catholic) and the Soldiers are generally Protestant's; whereas before, not one Known Catholic was capable of any Employment: We might have indeed some reason to murmur and repine, if the King should commissionate none but Catholics, yet that would be but Lex Talionis, turning the Tables. Therefore since he hath the power of dispencing with that Law, as appears by the Sentence in the King's Bench, we have reason to be thankful to the King, for the distribution of his favours so liberally to Protestants, which hath been so long denied to Unfortunate Catholics; who, if their Religion did not incapacitate them, as Englishmen, Fellow-Subjects, and Gentlemen, are as fit for all sorts of Employment as Protestants: And I doubt not but now that they are employed, will as Bravely, Honourably, and Circumspectly discover their abilities, and, I hope, will keep so good a correspondence with Loyal Protestants, that are their Fellow-Servants to so great a Master, that the King may at least have that satisfaction, that he can unite them in a Camp, which he cannot do in a Church; and show his great wisdom in Government, that he can be faithfully and effectually served by all his Subjects of different Religious Interests: And though the endeavours of several to explicate the Roman Catholic Religion more approachingly to the sentiments of Protestants, have not as yet had that effect they wished, yet it may be useful to let us see, that in affairs of State and Government, such an intercourse and mixture may be, as former Ages have not known; and by the Conduct of our Gracious and Wise King, may be laid a foundation for better accord in future times, that we may not be at such feuds among ourselves. It is true, that under a Protestant King, there might be some reason to maintain the Protestant Church, so as it might neither be endangered by the Roman Catholics, or Protestant Dissenters, and by Sanguinary Laws (though rarely put in use) people might be deterred from being of any other Communion; yet we cannot think that the same measures can be taken now, such circumstances varying the methods of proceeding; and in Government and Politics new Emergencies may, yea must, render old Axioms obsolete. Hence we take notice how imprudent these Informers are, who in our King's Reign, (more out of pretence and impotent zeal, than for any good concern to the Church of England) tempt the Justices, and instigate them to prosecute Catholics, by binding them to Sessions and Assizes; for what can be expected from this, but it will exasperate the King, and discover how desirous these are to persecute them, though they know he will pardon the Transgression, in as much as it relates to himself. Thirdly, 3 It is against the King's Prerogative. Having thus far treated of the Natural and Religious Grounds the King hath to demand to have the Act repealed; I come now to the politic and more necessary part, as it relates to the legal constitution of the Government, which, by this Act of the Test, suffers a great alteration in the abridging the King of an undoubted Prerogative of the Crown. For the illustrating of which, I shall first give you the opinion of the most Celebrated Writers of the English Laws, of what nature the King's Prerogative in general is. Secondly, That the Leigance of the Subject to his Sovereign, is judged among the principal Prerogatives of the King. Thirdly, How tender our English Ancestors have been of the Royal Prerogative. Fourthly, That the Test deprives the King of the Leigance, and of that Fundamental Prerogative of having the service of his Subjects. And, Lastly, Conclude with some Inferences from these Considerations. The nature of the King's Prerogative. As to the first, a L. 1. Instit. 90. Sr. Edward Coke saith the Prerogative extends to all Power, Pre-eminence and Privilege which the Law giveth to the Crown. b Lib. 1. Bracton calls it in one place the Liberty, in another the Privilege of the King. c Fol. 47. Bretton (following the d Weston 1. c. 50. Statute) calls it Droyt le Roy, and the e 61. Register styles it the Kings Right, and the Royal Right of the Crown. My Lord f 2 Instit. 84. Coke saith, the Prerogative of the King is given him by the Common Law, and is part of the Law of the Realm. g Prerog. c. 1. Stanford saith the Prerogative hath its Being from the Common Law, and the Statutes are but declarative. Properly speaking, the Prerogatives of the Crown are such powers as the Kings of England have reserved to themselves, as most necessary for the support of their Dignity, and the Government. Therefore h Rus●w. Collect. 555. Sr. John Banks in his argument about Shipmoney, affirms that the Jura Summae Majestatis, which are the Prerogatives, are given to the person of the King by the Common Law, and the Supreme Dominion is inherent in his Person. Another judicious i Mr. White Majestas Intemerata. p. 30. Lawyer, out of the Authorities he there citys, saith, The Prerogative is inseparable from his Person, not grantable over, it is always stuck upon the King or Crown, and being inherent to the Majesty of a King, and part of the matter of that Majesty, is no more grantable, than the Majesty itself, or a Royal member of the Imperial Style. These are the Characters given to the King's Prerogative in general. ●. The Subjects 〈…〉 the Crown. Let us now in the second place consider, that among the Prerogatives of the Crown, It hath been always accounted one of the eminentest, principal, and fundamental ones, that the King, and none but he, may at his own pleasure command the service of all, and every his Subjects in his Wars, and other Ministerial Offices, which they are bound to, by their Natural Allegiance. Hence k 2 Instit. 128. Sr. Edward Coke styles Leigeance the highest and greatest obligation of Duty and Obedience that can be, and defines it The true and faithful obedience of a Liege man to his Liege Lord or Sovereign, and so calls it * Vinculum Fidei, & Leges essentia. The Ligement or bond of Faith, and the essence of the Law, and in l 7 Rep. p. 9 amittit Regnum sed non Regem, amittit Patriam sed non Patrem Patrie. another place he affirms, That it is not in the power of any Subject to dissolve this Obligation, saying, That he that abjures the Realm, may lose the Kingdom, but not the King, may lose his Country, but not the Father of his Country; agreeable to what another eminent m Dyer. fol. 300. Lawyer asserts, That none can divest himself of his Country, in which he is born, nor abjure his due Allegiance, nemo patriam qua natus est exuere, nec ligeanciam debitam ejurare potest. In Calvin's Case the famous n 7 Rep. p. 4. Chief Justice saith, That Liegeance and Obedience is an Incident inseparable to every Subject: For as soon as he is born, he oweth by Birthright, Liegiance and Obedience to his Sovereign, therefore in several Acts of o 14 H. 8.61. 43 H. 8. c. 3. Parliament, the King is called The liege and natural liege Lord of his Subjects, and his people, natural liege Subjects. So that the liegiance is due to the natural person of the King, by the Law of Nature, which is immutable; is part of the Law of England; and was before judicial and municipal Laws, as the same great Author affirms. Long before him p Lib. 1. Stanford Plea 54. Bracton saith, That things which are annexed to justice and peace, belong to none but the Crown, and dignity Royal, nor can they be separated from the Crown, for they make the Crown. It is a known maxim in Law, saith the learned q Coke Report 7, p. 7. ex Stat. 11. H. 7. c. 1. 2 Eliz c. 2 Judge, that every Subject is bound to defend the King, and to go with the King, and to serve in his Wars, as well without, as within the Realm. The Liegeance to the Prince, saith a singularly well read r Majestas Intemerata. Lawyer, is immutable, and absolute, in all places: It obligeth in all ubi's, and the liege man ought in duty of this faith, to perform to his Lord the Offices of a Subject, when ever he shall need his assistance, against all who mori possunt aut vivere, can die or live. This is clear by Law and Reason. In the 48 s Claus 48. H. 3. M. 3. Tam militi●e quam liberi homines & omnes alii ad defensionem Regis tenentur. H. 3. the words of the Law are, That the Knights and Free-tenants, and all others were obliged to the defence of the King: And so 12 E. 3. All and every single person are bound to defend the King. Thence it was, that a t 4 Instit. 7. In ●●ri●●lo Hestium suorum. Parliament judged it High Treason in Nicholas Segrave, that he withdrew himself from the King's Host, leaving the King in danger of his Enemies. The ground of all which is what u Lib. 2. c. 1. Bracton so long since hath noted, that to receive Justice and Protection, are the greatest benefits of this Life, and there can be no use of w Com. 3.5. Rulers without these Attributes; for if the Sovereign be abridged x Roll. Eritt. 234. of the Prerogative to exact Obedience and Liegiance from his Subjects, he hath but a small portion of the Sovereignty; indeed his Kingship must be precarious, as depending only on the good Nature of his Subjects. Thence the Attorney y Pusw. Col cer. 〈◊〉. 552, General in the Argument of Ship-money saith, The King (as Head of the Politic Body) is furnished with entire Power and Jurisdiction, not only to minister Justice in Causes Ecclesiastical and Temporal unto his People, but likewise for defence both of the one and of the other: Whence the Clause inserted in the Register, Ad providendam Salvationem Regis. Bracton z 2 Lib. 1. fol. 6. saith, The Life and Members of every Subject are in the Power of the King: And a a Pasch. 19 E. 1. Rol. 36. North. Record saith, Vita & membra sunt in manu Regis; both which are understood, that the King hath sole Power to command their Service in his Wars, or otherwise as he hath occasion. The Lord Chief b Instit. 149. West. 2.39. 1 R. 3. p. 2. c. 15. Rol. Brit. 85. Justice saith, That if any Privy Councillor, or other, 'cause one to enter into an obligation to serve the King, it is void; every man being bound to serve him without it, and such Writings are declared dishonourable; being every man is bound to defend the King and his Realm, and to do the service that appertaineth to him as his Liege Lord. The King c Com. pl. 316. is styled the Sovereign and Chief Captain of Arms, all Power is his, no man may use Arms, so much as in Tournament, Tilt, etc. without the King's Licence: The d Rol. Parl. 5 H. 4. Nᵒ 24. Statute of Array is full in this, tho' not printed. This is further illustrated in that, if a Sheriff return that he is resisted in serving the King's Writ; it is declared not to be good, because it redounds to the King's dishonour, being presumed the King can command every one to obey: and the Sheriff hath Authority from him to raise the Posse Commitatus. In former Ages, the King's absolute Power in disposing the Militia, was never disputed. It was the black or bloody Parliament only, that assumed to themselves coordinate Power, and challenged the Power of ordering the Militia, for preserving the Kingdom, without and against the King's consent; which occasioned the first Parliament of King Charles the Second to declare in the preamble of the Act e 13 Car. 2. c. 6. 14 Car. 2. c. 3. That it is, and ever was the King's Prerogative alone to dispose of the Militia of the Nation, to make War and Peace, League and Truce, to grant safe Conduct without the Parliament; and that he may Issue out Commissions of Lieutenancy, impowering them to form into Regiments, and employ them as well within their own, as other Countries, as the King shall direct. Since the taking away Tenors, it is true, the Method of raising Men hath been something altered; but before the imposing of the Oaths of Supremacy and Allegiance, and now this Test, we find no qualifications of the persons required, but that they should be habiles Corporis, of able Bodies, sit to serve the King and Country: And though this Test doth not totally deprive the King of the service of his Subjects; yet it diminisheth his Authority, and takes away the corporal Service of a considerable number of his Liege people. Thirdly. Hue careful our Ancestors have been to preserve the Prerogatives. I now pass to the third particular, in which I shall in some few instances show how careful the Houses of Parliament have been in preserving inviolable the Prerogative of the Crown; or when by any pressing emergency they have been invaded, that the Judges have determined that the Kings of England might by a special non obstante dispense with the penalty of them. This Question about the Test being wholly new, and such a weakening of the Prerogative as hath not been known in our Ancestors days, you cannot expect any clear discission of it in the Books of the Law. All one can do in such a case, is only to produce some Maxims, Precedents, or parallel Cases that may affect it most, which without the help of any one's Collections, as having never perused any of the Arguments in Sir Edward Hales Case, I shall out of my own small reading offer these following to your consideration. The Attorney f Rushworth's Collect, 578. General affirms, That an Act of Parliament doth not extend to take away the Common Right of the Crown, and saith, That hath been the exposition of the Judges, of Acts of Parliament that have done so. He instanceth in the Magna Charta, of King john's 17ᵒ Regni, where it is said, That no Scutage or Aid should be without assent of Parliament: So that in this there was no exception of an Aid to Knight the King's Eldest Son, or marry his Eldest Daughter; yet it was resolved in this case, that by that Charter those Aids were not abolished, they being due by the Law of the Land, and so it was declared, 25 E. 1. cap. 1. We find an Ancient Statute in King g weston's. c. 50. 2 Instit. 263. Edward the First's time, wherein the King speaks thus, That he bade done this for the Honour of God, the Honour of the Church, for the Common-weal, and for the remedy, disburthening and ease of them that be grieved; yet this should not be prejudicial to him, or to his Crown, but that the Right, which to him appertaineth, should be saved: Which Sir Edward Coke calls the Kings Right of his Crown and Prerogative. It is declared by the Lords and Commons in full h Re●l. Parliament. 43 Ed. 3. No. 7. Parliament, upon demand by the King, That they would not assent to any thing in Parliament that tended to the disinhereson of the King and the Crown, whereto they were sworn. This makes the Chief i 4 Iucti●. 51. Justice censure as a great fault the omission in the printed Statute of 2 R. 2. in confirmation of Liberties these Words, Saving to the King his Regality, which are found in the Parliament k Roll. Parlam. 2 R. 2. Stat. 2. cap. 4. Roll. A Lawyer l Davis Reports 86. of no small esteem saith, The Commons of England have ever been exemplary for the tenderness of the King's Honour, and the maintenance of the Sovereignty: But this was before they meddled so much with Articles of Religion. So in latter times 3ᵒ Car. 1. both Houses declared, upon passing the Petition of Right, that they have neither intention nor power to hurt the King's Prerogatives. Thus far as to the regard our Ancestors have had to the Royal Prerogative. Now I shall in a few particulars show the resolutions of the Judges, in such Cases, when Acts of Parliament have entrenched upon them. In the 13th of m 4 Institu. 42. How the Judges have resolved upon Acts of Parliament that Insringe the Preregative. Richard the Second. Stat. 2. cap. 1. it was enacted, That no Charter of Pardon, unless so and so qualified, should be from thenceforth allowed by the Justices for Murder, Treason or Rape, and if it were otherwise, the Charter to be disallowed: Yet my Lord Coke saith, This did not bind the King, the granting of Pardon being the King's Prerogative, incident solely and inseparably to the Person of the King. The same Richard the Second bequeathed n Ibid. certain Treasuries to his Successor, on condition to observe the Acts made the 21 Reg. This was held unjust and unlawful, for that it restrained the Sovereign Liberty of the King his Successor. And the same Reason, saith a judicious o Majestas Intemorata. Lawyer, may serve to overthrow a Statute, which shall unjustly and unlawfully restrain the same Sovereign: Nor had, saith he, this bequest been of more strength, had it been enacted by Parliament; Injustice being Injustice, and unlawfulness unlawfulness every where. It was p Coke Report. 12. p. 14. enacted 23 H. 6. That no man should serve the King as Sheriff in any County above one year, but the Grant should be void, the person accepting it, pay two hundred pound; and it was expressly provided, that the King by a non obstante should not dispense with it. Yet it was agreed 2 H. 7. against the express provision of that Act, That the King may, by a special non obstante, dispense with the Act, because no Act could debar the King from the service of his Subjects, which the Law of Nature did give unto him. In the 37 H. 6. it was q Ibid. p. 18. enacted, That none should be Justice of Assize, etc. in the County where he was born, or did inhabit: Yet, saith the same judicious Lawyer, the King with a special non obstante may dispense with it, and gives the reason; for that it belongs to the inseparable Prerogative of the King, viz. his power to command to serve. The same r Ibid. p. 18. Lord Chief Justice, in the same report, is more express, and as full as if he had foreseen this present Case of ours, where he affirms, That no Act can bind the King from any Prerogative, which is sole and inseparable to his person; but that he may dispense with it by a non obstante, and instanceth in the Sovereign Power to command any of his Subjects to serve him for the Public Weal. For this, saith he, is solely and inseparably annexed to his Person, and this Royal Power cannot be restrained, continues he, neither in Thesi nor Hypothesi, but that the King by his Royal Prerogative may dispense with it: For all which he gives this most unanswerable reason, because upon the Commandment of the King, and Obedience of the Subject, doth the Government subsist. I might add very many more Authorities, as Edw. the Thirds repealing an Act of Parliament by Proclamation, as consented to upon necessity: But I shall leave that to those whose Province it is, and close this Head with one Observation. We are all commendably and justly tender of the preserving the Liberties and Enfranchisments we enjoy, by the gracious Condescensions of our Princes, and are vigorous maintainers of our Properties; and ought we not to own, that there is as good reason, that the Kings of England should be as solicitous to preserve their Prerogatives which are their right? For as a most judicious s Quicquid in Regalibus est Ita est Principibus privatum ut Subditis quod suum est. Selden prefat. Mare Clausum. Antiquary and Lawyer expresseth, Whatsoever belongs to the King's Royalty, he hath as much Propriety in it, as the Subject hath in any thing that is his. We must likewise consider, that the King is as much sworn to preserve the Right of his Crown, as the Liberties of the People: Therefore we find that branch in t Majestatis Intemerata. some Coronation Oaths, that the King swears he shall keep all the Lands, Honours, and Dignities of the Crown, righteous and free, in all manner whole, without any manner of minishment: And the rights of the Crown, hurt, decay or lost, to his power shall call again into the Ancient Estate. Therefore my Lord u 12 Rep. 18 Coke praiseth King Henry the Second, in that he was a great Defender and Maintainer of the Rights of the Crown. Inferences from the premises. Having dispatched these Heads, I now come to the application of them, to the Test, which, as the Case now is, and ever will be so long as it stands unrepealed, deprives the King of the Allegiance of such of his Subjects, as either Conscientiously or Designedly refuse the taking of the Oaths, and affirming the Declaration enjoined. The Inconveniency of which is double: First, In robbing the King of so necessary and fundamental a Right over his Subjects, in commanding them to serve him in Offices Military and Civil, without which he is but a very Impotent Sovereign, and cannot exert that necessary Justice of Protecting, Rewarding and Employing his Subjects, which surely is not only much to the dishonour of the Sovereign, but an unsufferable restraint, And if w 31 Eliz. c. 4. Imbezelling Purloining, and Conveying away the Arms, Ordnance, Munition, Shot, Powder, Habiliments of War, etc. is declared Felony; what sort of Crime shall it be in any to withdraw himself from the Allegiance and Duty to his Sovereign, to serve him personally when he commands it? This leads me to the Second, viz. the Subjects part, for this puts the Subject in a state and condition either of disability, or denying to serve his Sovereign at his pleasure: for those who are Roman Catholics cannot, while such, take the Oaths and make the Declaration, they being so penned, that none of that Faith can own them without renouncing their Church; the Act containing nothing in its own Nature essential to Obedience, but only controverted points of Faith. So, many others who are not willing to serve the King in Military and Civil Employments, by pretext, that they cannot with a safe Conscience take the Oaths, etc. Instantly obtain a Dispensation from their Allegiance, which ought to be absolute and unconditionate, and whatever may be the case of some few, may be of many; and consequently a Prince may be deprived of the necessary Aid of his Subjects, even when any Rebellion or Invasion should happen; for though the King be willing to dispense with their not taking those Oaths; etc. Yet they may insist upon the penalty which they may pretend they cannot be secured from. Here I must answer an Objection that I foresee will be urged, that Contra Hostem publicum quilibet homo est miles, against a public Enemy every man ought to be a Soldier, and so it cannot be the intent of the Law, that the King should be deprived of his Right to arm whom he pleaseth and can confide in, in such a Conjuncture; but only it was designed to hinder Catholics from being Commissionated and Employed in times of Peace. But who ever peruseth the Act, will find no such Exception or Limitation; which is a very rational plea against the equity of the Act, that taking away so great a Prerogative, makes no provision for the safety of the Crown, even in such cases. I remember my Lord Coke, speaking of the statute 11 H. 7. saith, It hath a flattering preamble, pretending to avoid many mischiefs, yet it was found that by colour of it, Empson and Dudley, did many enormous things; therefore he observes that, When any Maxim, or Fundamental Law of the Realm is altered, it is incredible to foresee what dangerous mischiefs follow. It becomes therefore all Lovers of the Monarchy of England, to be very careful to consider the dangerous consequences of taking out, or undermining any Corner Stone of that Royal Fabric, and in this particular case to deliberate well of the dangerous sequels of such Laws as limit the Sovereign to use only persons so and so qualified. For by the same precedent, we cannot tell, if a Prince should succeed that shall be a Calvinist, or of any other persuasion opposite to the Church of England, and obtain a Parliament to his purpose, but that he may make renouncing of the Episcopal Government, or the Church of England, a condition absolutely necessary to capacitate any to serve in any public Employment, and then we should find too late how cautious our Ancestors ought to have been to consider consequences of things. We have a fresh instance of this in the King's Supremacy: which Act being purposely designed to abridge the Pope's power here in matters Ecclesiastical, hath heightened so much the King's Power above what the Pope, or any other Ecclesiastical Court ever had; that now the Church of England finds how much they are at the King's pleasure, and must necessarily rely more upon the King's clemency, than upon any security they are in, by that Act: So that if some men had considered the extent of this, it is probable they would have acted with more caution and observance. SECT. XIV. Concerning the Sanguinary and Penal Laws against Roman Catholics. BEfore I proceed further, I think it necessary to speak something to the Sanguinary and Penal Laws against Roman Catholics; made upon the rejecting the Pope's Supremacy in Ecclesiastical Matters, and for securing the Sovereigns that were Protestants, and the Religion established since the Reformation. For the clear illustrating of which, I shall, 1st. Show what the Principal of those Laws were. 2ly. The grounds and reasons why they were made. And, 3ly. Show that as to the security of the Civil Government, the ends for which they were made, now cease; and then proceed to lay down the Inconveniences that will attend the not repealing of them. An Abridgement of the Penal Laws. As to the first, In the 35 H. 8. c. 1. A Statute was made, wherein it is declared Treason in any who refuse to take the Oath (commonly called of the Supremacy of H. 8. to distinguish it from that of Queen Elizabeth.) The persons there appointed to take it, are to swear, that, Neither the See nor the Bishop of Rome, nor any foreign Potestate, hath, or aught to have any Jurisdiction, Power, or Authority within the Realm, etc. 1 Eliz. That of Queen Elizabeth appoints all to swear, that, No foreign Prince, Person, Prelate, State, or Potentate, hath, or aught to have, any Jurisdiction, Power, Superiority, Prehemenency, or Authority, Ecclesiastical or Spiritual, within the Realm: And in the 5th. of the Queen, the refusers to take it, are guilty of a Praemunire. And in the former Statute, No man shall by Writing, Printing, Teaching, Preaching, etc. maintain, or defend the Authority, Preeminency, Power, or Jurisdiction, Spiritual or Ecclesiastical, of any foreign Prince, Prelate, Person, State, or Potentate, which was heretofore claimed, etc. within this Realm, for the third offence shall suffer as a Traitor. Anno 13 Eliz. cap. 2. It was Enacted, That if any person use or put in use, any Bull, Writing, or Instrument Written, or Printed, of Absolution or Reconciliation; or if any shall take upon them by colour of any such Bull, Writing, etc. to Absolve or Reconcile, any Person or Persons, or promise such Absolution, or Reconciliation, it shall be judged High Treason. So, bringing of Agnus Dei's, Crosses, Pictures, Beads, or such like vain and superstitious things from the Bishop or See of Rome, or any authorized, or claiming Authority from the Bishop or See of Rome, to Consecrate or Hollow the same, shall be guilty of a Praemunire. 27 Eliz. c. 2. All Jesuits, Seminary Priests, or other such Priests, Deacons or Religious, or Ecclesiastical Persons whatsoever, born within the Queen's Dominions made, ordained, or professed, by any Authority, or Jurisdicton, derived, challenged or pretended from the See of Rome (unless upon some occasions allowed by the Act) that shall be known to come into, or remain in the Realm or Dominions, shall suffer, lose, and forfeit as in case of Treason: Also all such as shall willingly, and wilfully receive, relieve, comfort, aid, or maintain any such (being at liberty and out of Prison) shall be adjudged Felons. Likewise to give or contribute any money, or other relief, to such out of the Dominion, or for maintenance of any College of Jesuits or Seminary Priests, shall incur the penalty of Praemunire. I need not mention the severe Laws of that Queen against convict Lay Recusants: As confining them within five miles of their Habitation, and the poorer sort that had none, to Prisons, or other Restraints; and to the end that the Realm be not pestered and overcharged with the multitude of such seditious and dangerous people, they must abjure the Realm. King James the 1st 1ᵒ Reg. c. 4. Confirms all the Laws of Queen Elizabeth against Jesuits, Seminary Priests, etc. and enjoins the taking of the Oath of Obedience, commonly called Allegiance, which was more directly to oblige to Fidelity, than in point of Faith, and only enjoined to repair to Church, and continue there during the time of Divine Service, and not to send any to Seminaries beyond Seas. Cap. 4. But in the third of his Reign, when the Gunpowder Treason was discovered, the Laws were made more severe, that If any shall put in practice to absolve, persuade, or withdraw any of the subjects of the King, or of his Heirs from their Natural Obedience to his Majesty, his Heirs, or Successors, or to reconcile them to the Pope or See of Rome, it shall be High Treason, and those that are willingly absolved or withdrawn, as aforesaid, or willingly reconciled, shall be adjudged Traitors. ●. 5. At the same Parliament it was enacted, that Recusants should not come to the Court, that they should departed from London, be confined within five miles of their Habitations: Convict Recusants should be as Excommunicate Persons, made incapable of most Offices Civil, or Military, of practising Law, Physic, etc. Which no doubt gave rise to the Test, and which in its full extent was never put in use, and hath been connived at, or dispensed with, under Protestant Princes ever since. Likewise under several penalties they were to Marry, Baptism, and Bury according to the Laws of the Realm. The grounds of these Laws. Now if we inquire into the grounds of all these Laws, we shall find them expressed in the several Acts, as in that of the 35ᵒ of H. 8. it is said to be made in Corroboration of that made in the 28th of the same King, To exclude the long usurped Power, Authority, and Jurisdiction of the Bishop of Rome. That of the first of Queen Elizabeth, is to the intent, That all usurped and foreign Power, and Authority, Spiritual and Temporal, may for ever be clearly extinguished, and never to be used or obeyed within this Realm, etc. In the 5th of the same Queen's Reign the grounds are expressed, For the avoiding both of such hurts, perils, dishonours, and inconveniences, as have before time befallen, as well to the Queen's Majesties Noble Progenitors, Kings of this Realm, as for the whole estate thereof, by means of the Jurisdiction and Power of the See of Rome, unjustly claimed and usurped within this Realm, as also of the dangers by the fautors of the said usurped Power at this time grown to marvellous outrage, and licentious boldness, and now requiring more sharp restraint and correction of Laws, etc. 〈…〉 The Reasons for the passing the Act of the 13th of the same Queen, is more full, viz. That divers seditious and very evil disposed people, minding not only to bring the Realm and the Imperial Crown thereof (being indeed of itself most free) into the Thraldom and Subjection, of that Foreign, Usurped, and Unlawful Jurisdiction, Preeminency and Authority claimed by the See of Rome, but also to estrange, and alienate the minds and hearts of sundry her Majesty's Subjects from their dutiful Obedience, and to raise and stir Sedition, and Rebellion, within this Realm, and so mentions the Pope's Bull to absolve and reconcile all those that will be contented to forsake their due obedience, whereby hath grown great disobedience and boldness in many, not only to withdraw, and absent themselves from all Divine Service, now most Godly set forth and used in this Realm, but also have thought themselves discharged of, and from all obedience, duty and allegiance to her Majesty, whereby most wicked and unnatural Rebellion hath ensued, and to the further danger of this Realm for hereafter very like to be renewed, if the ungodly and wicked attempts in that behalf be not by severity of Laws restrained and bridled. Cap. 2. The 27th of the same Queen lays no stress upon Religion, but only on the security of the State, although it was the first Act that prohibited Jesuits & Priests to come over and stay here, under penalty of Treason, without whose Offices, the Roman Catholics could no ways exercise their Religion: The grounds in that Act are expressed, That of late Jesuits, Priests, etc. have come and been sent into the Realm, etc. of purpose, not only to withdraw her Highness Subjects from their due obedience to her Majesty; but also to stir up and move Sedition, Rebellion, and open Hostility within the same, etc. Cap. 2. The Act of the 35ᵒ of that Queen expresseth, that For the better discovery, and avoiding of such traitorous and most dangerous conspiracies and attempts, as are daily devised and practised against the Queen by sundry wicked and seditious persons, who terming themselves Catholics, and being indeed Spies and Intelligencers, etc. hiding their Detestable and Devilish Purposes, under a false pretext of Religion and Conscience, etc. Cap. 4. In the Act of the first of King James the first, the grounds are, For the better and more due execution of the Statutes heretofore made against Jesuits, Seminary Priests, and other such like Priests, as also against all manner of Recusants, be it ordained, etc. The third of the same King expresseth the Reasons thus; For as much as it is found by daily experience, that many his Majesty's Subjects that adhere in their hearts to the Popish Religion, by the Infection drawn from thence, by the wicked and devilish counsels of Jesuits, Seminaries, and other like Persons dangerous to the Church and State; are some far perverted in their Loyalties and due Allegiance unto the King's Majesty, and the Crown of England, as they are ready to entertain and execute any treasonable conspiracies and practices, as evidently appears by that more than barbarous and horrible attempt to have blown up with Gunpowder the King, etc. Having thus given a short draught of the severe Laws against Roman Catholics, and the Reasons and Grounds of them: It is obvious, that those for the Supremacy were enacted principally to exclude the Pope's Authority in Matters Ecclesiastical, which opposed King Henry the Eighth's Divorce, and the Reformation of the Religion begun: So that a Subject in point of Conscience, and mere Matter of Faith, that could not be induced to believe a King and Prince capable of being Head of the Church; but shall be invincibly persuaded (how erroneous soever) that the Pope is St. Peter's Successor, and Christ's unquestioned Vicar upon Earth, and cannot, without hazard of his Soul, consent to acknowledge otherwise; yet not withstanding (by those Laws) this invincible persuasion, without any other Crime, is interpreted High Treason, and punished as such; and Sir Thomas More Lord Chancellor, the Bishop of Rochester, and others, suffered death upon that account. In others of them, not only Priests, for receiving Orders according to the Rites of the Church of Rome, and coming over to Exercise the Office of their Function, but such as were converted to the Romish Faith, or Reconciled, were involved in the Crime of Felony or Treason, without lifting an hand, uttering a Word, or imagining the least disloyal thought against the peace of the Nation, where they were Subjects. First consideration how the grounds of those severities now cease. Therefore first it must be considered, that since some of these Laws were made in the tender Age of the Reformation, when our Princes were very careful, that it might not be overlaid in its Swathing : but now it is at a manly and masterly growth and back-set with so numerous a Progeny and powerful Abettors, that it can plead a prescription and possession sufficient to maintain itself by Argument and Vote. Therefore we cannot now judge such severe Laws so necessary: there being no such danger of the Pope's exercising any other Supremacy here, than what is purely spiritual, over those of that Communion, in the Divine Offices of their Religion, without having any power to dispose of any Benefices, endow Religious Houses, or establish any Religious Polity over the Protestant Subjects: And as to any Temporal Jurisdiction, it is impossible he should receive any thing of that, which hath been so strenuously opposed, even while the whole Nation, in Spirituals, submitted to the Doctrine and Discipline of that Church: and I think all may be well satisfied, that our King is no ways disposed to quit any of his Royal Prerogatives, or subject his Crown to any other Potentate upon Earth. The second Reason. Secondly, It ought to be remembered, that in Queen Elizabeth's time, there grew a strong Faction in the State, by reason of the doubtful legitimacy of that Queen, as being by the Pope, and all Roman Catholics looked upon as born out of lawful Wedlock, (her Father's Wife Queen Catherine being then alive, and her Mother married to the King, before a legal Divorce, according to the Ecclesiastical Laws then in force) which occasioned the Roman Catholics here, to be great Favourers and Abetters of Mary Queen of Scots; so that there was a political necessity in Queen Elizabeth, and those that adhered to her, (and upon that account were desirous to preserve the Protestant Religion she embraced) with all the Art and Industry they could, by the severest Laws, to secure the one and the other; and by reason of several Attempts, Insurrections, and Foreign oppositions, the unfortunate Queen of Scots was put to death, for the safety of that Queen, which the Politicians of that Age thought could never be, as long as her Ryval lived. Therefore we must look upon those Laws as made mostly for the security of the Sovereignty against Roman Catholics, who, as such, were adjudged the greatest Enemies to it: So that if we consider the times when, and the persons upon whom the bloodiest Laws were executed; we shall find that they were principally, (if not only) when the State was either in real or imaginary danger from such: Whence it was, that the great Statesman, the Lord Burleigh, published that Discourse, That Papists were not put to death here for their Religion, but for their Treasons: Tho whoever considers how the security of the State and of the Religion was interwoven; will find it requires a subtle head to separate them. The grounds of them now cease. However the Case is now wholly altered, the Succession of our King is not in the least disputable by Roman Catholics or Protestants; so that there can be no ground to keep up those in force, for any other end, than the securing the Protestant Religion only: So that we must invalidate all my Lord Burleighs Arguments, and bottom all our reasoning upon Religion, if we plead for those Laws, which cannot fully be justified, but by avowing of that position, so much exploded by the Church of England, that Dominion is founded in Grace: which dangerous Doctrine, if it were once yielded, no Prince could be safe from those that would allege (and were powerful enough to prove it) that a Prince was not as holy as they, or of their Society; and where punishments, of the severer kinds, are inflicted for different modes of Worship (where neither Immorality, Sedition, or Treason deserve it, or it is not done with due reference to the peace and tranquillity of the State) we must ground them on the same Principle, that because such, and such, are not Believers of the true Faith (which the present Rulers would infer they only had) must be cut off, or punished, as Malefactors: Whereas it seems much more agreeable to Christian Moderation, and the Rules of true Policy, that where any Church is legally settled, the care of preventing mischiefs should be left to the Government, which no doubt would provide redress by suppressing Sedition, whereby none but such as were Factious, Turbulent, and endanger the peace of the Government, might be under any pressure, or forced to withdraw their effects, and forsake their Country, or to live in obscurity and reservedness, as people under the hatches: all which do manifestly impoverish a Country. However in our case it seems an unbecoming distrust of the intrinsic goodness of our Religion, or the strength of our Arguments for it, when it must be defended by Club-law: And since we are out of all danger of Roman Priests Trafficking for Foreign Invasions (as when the severe Laws were made, the State was apprehensive of) or of plotting and contriving against the King and Government; It is too great an Argument, that the refusing to take off the penal Laws, and that we do not acquiesce and yield to the moderate desire of so gracious a King, is more out of an inclination to gratify Humour, and Contention, than for any other Cause. It being sufficient that if ever such a time should occur, wherein the State should be endangered by Roman Catholics, the severities might be reinforced. When therefore we consider, that the sanguinary and penal Laws now in being, are severe to the utmost extremity: When a Turk or a Jew (not to mention other professions more turbulent in a State) are not under any such impending Lash: And consider what an after reckoning they may undergo, so that (the Laws standing) not only Priests, and new Converts, but most of the old hereditary Roman Catholics must be forced to flee, or abscond themselves. And as to the Test, however the King may, for his time, dispense with the taking of it, and grant Pardons to, and indemnify the not-takers of it, toties quoties; yet who ever shall act after the very last Pardon, may be informed against under the next Protestant Successor; and than it may be doubtful, whether the King's dispensing Power will be allowed or not. I say, if there were no other Reasons; the King hath from hence sufficient cause to insist earnestly upon the repealing these Laws and the Test; and it is probable, almost to a demonstration, that if this had been frankly granted, it would have satisfied the King, and have composed the minds of Roman Catholics, who, being placed in a condition of safety, would have continued that esteem they had for the Church of England, ever since the late Civil Wars, when they were the only fellow-sufferers. SECT. XV. The Inconveniencies that will attend the not repealing of Penal Laws, and particularly the Test. HAving premised this, I come to treat of the Inconveniencies, the denial of the repeal of these Laws brings with it: (viz.) First, That it raiseth in his Majesty's Royal Breast a prejudice against our Church and Religion; and the effects of the unkindness it may beget, appears to me of a much more dangerous consequence, than the taking off the sanguinary and penal Laws can produce: so that in stead of acting for the preservation of our Religion, we expose it, to more imminent and apparent danger, and inconsiderately run upon the Rock we would avoid; since such unaccountable obstinacy hath not only, in all probability, occasioned the enquiry into the King's Power in dispensing with the penal Laws, the displacing of Ministers of State, and Officers in the Army, and Commissionating a greater number of Catholics than otherwise would have been admitted, the taking Catholic Lords into the Council, and granting the Commission for Ecclesiastical Affairs; but may oblige the King to make still greater Changes amongst his Officers, Ministers and Judges, than otherwise he intends: All those holding their places only during his Royal Pleasure, so that without violating any Law, he may at one stroke remove most Protestant Officers from the Administration of Affairs of State under him: And we know not what Changes and Alterations this wayward and unseasonable stiffness, may induce his Majesty to make in the external Government and Polity of the Church, by the Power of his Supremacy and Prerogatives: And surely the extruding of Protestants from Power and Authority, either in Church or State, under the King, is likely to be a vaster prejudice to our Religion, than the repealing the Test can be. Let us therefore think how much we are bound, even in Christian prudence, for the sake of our Religion, not to provoke the King to withdraw his Indulgence to us, in the Exercise of that Religion, which he graciously offers to protect, and which Grace we ought not to requite by urging the keeping up those severities against those of his Religion, which most Protestant's would decline to execute, if they could, and which we cannot, if we would, until we first renounce obedience to God's Command, and Submission to our Sovereign, by refusing, if not overthrowing his Sacred Authority and Power: Whereas we are tied by our Principles and Religion not to resist, it being a chief and Essential Position and Doctrine of the Church of England, to render Active, and when we cannot do that, Passive Obedience to our Sovereign; and what ever we suffer, it will not excuse us from the Gild and Crime of indamaging and endangering our Religion, by this unnecessary giving occasion to it: when we might have saved, not only our Reputations of being most dutiful Subjects, but won so far upon the heart of our Royal Master, that it would have been in the power of none to have estranged his Affections from us. The Spirit of moderation becometh Christians, and Calmness, and Discretion becometh Subjects in all dealing with their Sovereign; and we may be assured, that the greater invitation we give our King by these Virtues, the greater assurances we have of his Protection of our Religion, and the preservation of the present Peace, and Tranquillity which we enjoy. Let us not therefore, by denying what we cannot hinder, lose the greatest Blessings, and Happinesses we may retain, that King and People may live in that happy and good understanding, which may continue, and Crown the sweetness and easiness of his Royal Government over us, and of our Tranquillity, Prosperity and Happiness under his Shadow. The second Inconvenience. Secondly, Till these Laws be taken off, it will continue those most dangerous of Evils, that can befall the King and People, when there is no good correspondence betwixt the King, and the two Houses of Parliament. On the King's part, first, we may call to mind the miserable times of King John, and King Henry the third, and those more fresh and never to be forgot under King Charles the First. Secondly, However prudent and wise a Prince may be, yet the watchful envy or designs of some Neighbour Potent Prince or State, may necessitate our King to defend his Merchants, or Plantations, to secure his Allies, or to secure his People from Damage or Hostilities, whereby he may be forced to have recourse to his Parliament for Aid, which, while a good correspondence is wanting, may render them slow to grant, or upon unequal Conditions. Thirdly, This will give an opportunity to all sorts of Malcontents, and Enemies to the Monarchy to bestir themselves, to embroil, and ferment the People into some dangerous Defection, Sedition or Rebellion. On the People's side, the mischiefs that will befall us by this want of a good understanding betwixt the King and his two Houses, will be, first, that since our King by a mature Age, and a great Experience of all affairs relating to Arms and Government, is fitted and enabled more than most of his Royal Predecessors to aggrandise himself, and give renown to his Subjects, by buoying up whatever hath been sunk in the reputation of the World: And is able to increase the Traffic of his people, and enlarge their Commerce, and his Empire, and make as great a Figure in the World as any Crowned Head. All the Blessing, we and our Neighbours might expect from so qualified a Prince, will be utterly lost; so that in stead of transporting his Cares, Counsels and Arms into foreign parts, he shall be necessitated to confine them within the Circle of his own Dominions, only to keep them from Sedition or any worse mischief: So that the hopeful opportunities, which the World knows our King might have to hold again the Balance of Europe, and make us as flourishing a people as ever, will be totally lost: To the great satisfaction, no doubt, of some of his Neighbours, and the general and irreparable loss to us and our Posterity, who with sad reflections may lament the occasion of this dispute. Secondly, Such a want of good Correspondence betwixt the King and his two Houses, will hinder us from obtaining such advantageous Laws, for the benefit of the Subjects, as, this Remora being removed, might rationally be expected; among which, most probably, one or more; might be a Corroboration of the King's Gracious Promise of protecting the Church of England, and whatever else the two Houses might find useful for the public good. Lastly, This Non-correspondence must gratify and encourage all the Enemies to Monarchy, and all those who were for the Bill of Seclusion; this Discord being the only pleasing Harmony to them, who never hug themselves with so full an Oh! of content and satisfaction, as when they find the Crown in any straits; or can foment (if not conjure up) a Spirit of Jealousy betwixt the King and his Parliament, and when they have stolen the People's Hearts from the King, they are upon the Tiptoes of hope, that they may strike in for the prize. If we have not a feeling sense of the miserable state, that Sedition and Rebellion (Its most savage Elder Brother) will bring us all to, let us consult our bloody Annals, and our Ancestors deplorable experience, and then ponder well whether it be Tanti, to move Heaven and Earth, harras our Country, and imbrue it with the blood of so many of our Countrymen and nearest Relations, and at last fight ourselves into a much worse condition, than we are ever like to be in by granting this Repeal; which in this juncture is most reasonable, if not for our King's sake, and the Roman Catholics; yet at least for our own peace and tranquillity, and the establishing our hopes of his Majesty's kindness to our Church. The last Inconvenience. The last Reason I shall urge, is, that the refusing to Vacate these Acts may necessitate the King to grant a Toleration, which, of all things, the Church of England hath hitherto most dreadded, and to which we may believe the King is well enough inclined out of a principle of clemency to his people in general, as well as Indulgence to his Catholic Subjects; which although his Royal Brother (after an essay) at the earnest solicitation of his Parliament, was Graciously pleased to recall, to gratify the Church of England, yet we cannot expect that our King (not having those motives, and being courted by so many to grant it, and finding the extension of his Supremacy) will think it his Interest to revoke it if he once establish it. The difference betwixt Roman Catholics, and other Dissenters from the Church of England. Here it will not be a miss to consider, the great difference there is betwixt Roman Catholics and other Dissenters, while the Laws are in force: The Non-conformists may meet to the number of Five, besides the Family, and have their Pastor, or Teacher with them, and the disagreeableness betwixt them and the Church of England is not so great, but that those who have Estates, or desire to obtain Offices of honour or profit (even to do the Crown a disservice, as we found in those that were to capacitate themselves to be Sheriffs in the late times) could readily Conform. Whereas Roman Catholics are in extreme peril from the very harbouring their Priests: so that in this the Roman Catholics are in a sadder state than any Christians are: For to exercise their Religion without Priests, for performing the Office of Baptising, Administering the Blessed Sacrament, burying the Dead, etc. Is in that Church (and aught to be in all others) impossible, and to have them for celebrating these and other Divine Offices (as the Laws now are) renders them obnoxious to the punishments inflicted on Felons and Traitors; and there is no possibility of the Roman Catholics, as such, conforming even so much as in going once a month to Church, without putting themselves out of the Communion of their Church, which, with them, is to be avoided more than the utmost sufferings. When therefore we consider the Unchristianness of such severe Laws under our circumstances, and reflect that though the greatest part of the disquiets, from the Tenth Year at least of Queen Elizabeth, have arisen from the pretences of keeping out Popery, and the Advantages the Long Parliament had against King Charles the First, was from that source, and the troubles of our late merciful King, were bottomed on the same apprehensions; and yet now that we see it's actually practised, we find no such dreadful events; but that the Vizard was portrayed much more terrible than now when it appears with open face; and now, when we see the public exercise of the Roman Catholic Religion, we only find it gazed at as a Novelty, but no affrightments attending it; and we find, what we understand in Sermons and Catechising is Christian and profitable, and what we understand not in Ceremonies, we see full of Pomp and Magnificence, and further we see not. I say, when we consider all this, and that it is in our choice, whether we will allow the sanguinary and penal Laws to be abolished with a security in the exercising the Protestant Religion; or on the contrary, the Inconveniencies before recited, and a Toleration to boot; methinks it should be no difficult matter to determine which were more advantageous. Having thus shown some of the disadvantages to Us and our Religion, by the refusal of a Repeal: I might propose the advantages which will accrue by yielding up those Laws the King hath such an obligation in Honour and Justice (at least in his own Royal Apprehension) to insist upon, but that the removal of the one, puts the other in their place. SECT. XVI. The practicableness of Roman Catholics and Protestants living under one Secular Government. THerefore I shall choose rather to show the practicableness of Roman Catholics and Protestants living in the full enjoyment of their respective Religions, under Princes of either Religion: And first shall observe, that the Church of Rome, and the Church of England are the two Churches (in Europe at least) that are the most conspicuous and of most renown: Both plead for the Antiquity of their Doctrine: The Roman Catholics are of one Communion, and so is the Church of England; but Protestantism at large takes in a greater variety of subdivisions, and those separate from the Church of England, as much as that doth from the Roman. Secondly, It hath been the endeavour of many learned and pious men, to accommodate the points in difference betwixt Roman Catholics and Protestants. But by reason of secular interests, no expedient could be found to adjust them, till at last in Germany (from whence our Saxon Ancestors came) after about twenty years' war, wherein the Country was the very Theatre on which the most Tragical Effusion of Blood, and the most depopulating waste, by Fire and Rapine, were acted to the highest degree of humane cruelty and revenge; and all this principally upon the account of the difference between Roman Catholies and Protestants, upon account of their Religion, and being at last throughly wearied with the unsuccessful attempts upon one another, in the year 1624. they came to the following settlements, which, I believe, they hitherto reap the fruit of, being confirmed Anno 1648. at the Treaty of Munster, whereby it was made an Imperial Law. The Duke of Newburgh is a strict Roman Catholic, yet in his Country of Juliers, even at Deuseldorp, the principal place of his residence (not to name other Towns) Lutherans and Calvinists have their Churches as well as Roman Catholics, and I suppose he allows the like liberty in the Palatinate, as the Count Palatine did, to whom he lately succeeded as his heir male. The Duke of Brandenburg is himself a Calvinist, yet his Subjects are for the most part Lutherans, and in some parts of his Dominions Roman Catholics freely enjoy their Religion. The Bishop of Mentz (though a Roman Catholic) admits the Lutherans in his City of Erford to exercise their way of worship. So the Duke of Saxony, a Lutheran, hath established such an accord in his City of Budifin, that the Roman Catholics, and Lutherans celebrate their Divine Offices, in the very same Church, separated only by a Grate. The Bishop of Osnaburgh (of the House of Zell) is himself a Lutheran; yet in his Town, from whence he hath his Title, both Roman Catholics and Lutherans have their Churches: and the next Bishop must be a Catholic, and so Alternately. And the Lutheran Canons say their Offices, with the Catholics in the Cathedral. In the City of Augsburg they have two chief Magistrates, whereof one must always be a Roman Catholic, and the other a Lutheran. The Prince of Sulzback is a Roman Catholic, by profession; yet in some parts of his Territories, not only Roman Catholics and Lutherans enjoy their different worship, but interchangeably the same day, in the same place: The Roman Catholics using a portable Altar, which they place upon the Lutheran Altar, when they officiate. The Abbot of Curvey is a Prince of the Empire, and a Roman Catholic, and hath seventeen Villages in his Jurisdiction, whereof sixteen are Roman Catholics, only Ansted hath Lutheran Inhabitants, who enjoy their Religion, and in their Annual Procession, not only those Lutherans, but the Envoys from the Lutheran Princes of Brunswick, Lunenburgh, and Hannover attend it, some carrying the Abbot's Mitre, others the Crosier (etc.) At Lambspring, under the Rule of the Bishop of Hildershem, the Abbot and Convent are principal Lords, yet they permit the Lutherans to have a Church. Thus the Germans live in neighbourly Love and Amity, and busy not themselves in conspiring one another's ruin. There is one great instance in this part of Germany, that comes home to our Case. The late Duke of Hannover, being converted to the Roman Faith, during his Father, the Duke of Zell's Life, lived out of his Country, and was a Canon at Paris; and though he lived in a low Station with few Servants; yet he kept such a correspondence with persons of Quality, in his Father's Jurisdiction, that though his Father designed to disinherit him; yet upon the news of his last Sickness he posted into the Confines, and upon notice of his Death at Hannover (where his Elder Brother was) he posted to Zell, and was so well received there, that he was soon in the Head of a considerable Army, and by mediation betwixt the two Brothers, he made an exchange of Zell, the nobler Dukedom, for that of Hannover, the richer; where being settled, he governed his Country very peaceably for fourteen years, and contented himself with a Chapel for his own Devotion, and a Convent of Capuchins near it; and promiscuously employed Roman Catholics and Lutherans in his Military and Civil Employments, giving to his Roman Catholic Subjects free liberty of the Exercise of their Religion, and wrought so good an accord among his Subjects, of both Persuasions, that there were no animosities among them, none repining at another's preferment, but in point of Duty and Allegiance, they all respected, honoured and served him, and lived happily under his Government; and he was in as good esteem among his Lutheran Subjects, as any Prince had been long before. He dying without Issue, Hannover fell to his younger Brother the Bishop of Osnabourgh, who is a Temporal Prince, not in holy Orders, but married; and hath several Princes and Princesses his Children, and is himself a Lutheran. Upon his entrance to his Principality he did not prosecute the Roman Catholics; only the Capuchins, who lived upon Alms, could not stay as in a Convent, though he proffered them protection for their persons, and Roman Catholics enjoy the liberty, I have before mentioned, as others do in several Principalities in Germany: Whether this Harmony happen by reason the people are not such Zealots in Religion, as in other places, to be cutting of Throats for it, I cannot tell; but I am sure it is a great ease to Prince and People. By this Example, I hope it will appear, how practicable it is, that Roman Catholics and Protestants may live under the protection of Magistrates of either Belief, without swallowing up one another; and if it were not for the violent prejudices which some have, there is no need of endeavours to extirpate Roman Catholics, who being few in number, yet are considerable in quality and interest: Nor of oversetting the Church of England, whose true Members ever have been Loyal, and in the worst of times have joined with Roman Catholics for the support of the Crown, and have been fellow-sufferers. Surely we cannot forget the time when so great a Credit was given to a Plot, which (even as it was published in Narratives) was as dark and confused, as the Chaos; as monstrous as any Figment of the Poets, or in the Alcharon; full of impossibilities, and contradictions; So that it is now our wonder and astonishment, how greedily it was swallowed: Yet this served the turn to exasperate the people, yea the Parliament itself, to that degree, that not only the Catholics were branded as the most traitorous, barbarous, cruel, bloody-minded Men in the World; but they suffered the severities of the Laws: And much innocent blood was shed upon the Testimony of a few perjured Villains, who got the Character of the King's Evidence; yet we cannot but remember who They were, that while they were fixing our Eyes so intently, upon the defence of the King's Person, and the Church of England, against the Plots of Papists, were in the mean time providing their Blunderbusses, and designing a most horrid Regicide. I recall this to mind only to evince, that we are not to look upon Papists, through the perspectives have been hitherto afforded us; but to believe our own Eyes, and other Organs of Sense, and consider whether a Popish Successor be such a Creature, yea, a Fiend, as he was represented. SECT. XVII. The Character of his Majesty. IF I were able to furnish myself with as much Celestial Illumination and Spirit from above, as the Author of that Character fetched from the Mines of Fire and Brimstone below; I should not be able to describe, as I ought, any tolerable similitude of our great Sovereign, whose Portraiture the panic fears, luxurious spite, and hellish designs of some then exposed. Yet with humble Submission and Reverence due to the Majesty of so great a King, I think it necessary to give some faint touches of those out-lines, which ought to strike us all with Admiration and Joy. It will, I doubt not, be readily owned, that his Majesty is endowed with as large a portion of those Royal and Princely Virtues (which signalise great Monarches, and render them conspicuous) as any Prince that hath governed these Realms for many years: And, without flattery, we cannot but admire his Courage, Resolution, and Promptness of Mind, Activeness, delight in Business, through inspection into his Affairs, with such a peculiar sweetness and benignity of temper, as, singly are of great value in Crowned Heads; much more, when, to such a degree and lustre, they are mingled with Justice, Honour, Fortitude, Temperance, and other Heroic Virtues in a Constellation: so that even those, who most passionately wish him the Delight and Darling, as well as Glory of his People; can superadd nothing to their wishes, but that he were of their Religion. But in the Judgement of Roman Catholics, he finds, not only an esteem due to the accumulation of his illustrious Virtues, but is enriched with a Ray more, by the profession of his Religion. Those, who are blessed Auditors of his familiar Discourses, admire the serenity of his Humour: few Mortals being less clouded, or shaken with any storm of passion. Those are witnesses how he employs his dressing time, in inquiries after what is remarkable in remotest Countries, whether they relate to Government, Peace or War, Situation, and Fortifications of places, correspondencies one with another, Customs and Usages, Disposition of the people and their Commodities, and of Traffic, or the personal Virtues and Accomplishments of great Men: The Inventors of useful Arts, especially such as respect Military Discipline, Navigation and Traffic; mingling his own choice Observations, which render all his Discourses pleasing, yea, sometimes surprising, and always profitable and instructive. Never was any Prince's Court freer from debauchery, and more orderly in the ●●●posal of all Officers in it, from whence the Sovereign Master's solid Rules and exemplariness are notably discovered. The Diligent, Virtuous, Sober, Ingenious and Loyal, are received without censure of their Religion: The Slothful, Turbulent, Factious, Debauched and Irreligious are as much discouraged, as is most manifest by bis severe charges against Swearing and Drunkenness (etc.) Pass we thence to his Chapel, we cannot but observe, with some astonishment, how his public Devotions are performed with a serious Attention, and a Fervour and Zeal equal to those that officiate at the Altar. When we consider the management of his Revenues, by his own peculiar Wisdom and Direction, we cannot but be amazed at that vast Capacity; which those, bred to the Employment, cannot equal no more than they can, that inspection into all the offices of his great Empire, the Uses and Abuses of which are as well known to him, as any Nobleman knows his Surveys, Rentals and Offices; what a Fatigue would this give to the ablest of his Subjects, to order some few particulars of these Matters, much more to superintend the whole as he doth. Did we survey the wonderful increase of stores he hath made, for all sorts of Munitions, both for Land and Sea, we should think he employed his Care, and a great part of his Revenues in nothing else: But when we attend him to his Camp and Navies, we find a new Charge, a new Care. His Majesty's extraordinary Diligence and Skill in disciplining his Army, and the perfection he hath brought it to in one year, will be as incredible to after Ages, as it is the wonder of this. It is the observation of some, that have seen other Prince's Troops, that (considering their number) they exceed all others, not only in the richness of the Clothes of the Officers and the Guards; the neatness of the Common Soldiers, the goodness of their Arms, the sightliness of the Men and Horses, the order of the Camp; but in the Skill in all their Exercises, their readiness to observe Orders, and the Civility and Morals of them; being free from those Debaucheries, which effeminate and unfit Soldiers for Valour and Vigilance: And no Prince can take more effectual ways, by due and constant pay, and provision of all things necessary, to oblige his Troops to Fidelity and Courage, Skill and Resolution, than his Majesty doth; so that his Camp is not only accomplished in Military Matters, but is a nursery of good Education: It being his Majesty's special Command, that the Soldiers so behave themselves in the Country, that they may not only be regarded as his Servants, wearing his Livery, but as their Guard, and the security of their peace and quiet. So that none can justly repine at their numbers, but such as would be glad to see him destitute of any force that might hinder their Contrivances against his Government. We have already seen his Majesty's Troops, and we now find, with how great ear and diligence he is equipping his Fleet, which we may be sure will be answerable to the service he intends them for, and proportionable to that Method and Order of his Land Forces: and then, no doubt, it will exceed what former Ages have known, when they are fitted by so great and magnanimous a Prince, that hath so long been Lord High Admiral himself. These things have millions of Witnesses: But who can divine the Royal Solicitude and Care, and those wise Contrivances, for the good of his people, which are the effects of his retired hours in his Closet: There, where he revolves in his Great Mind, how to order all the Instruments of his Power, to set all the Wheels of this great Machine on work, to consider who are fitted for every distinct undertaking; how to allot the thinking, grave and wise, the contriving part: And the bold, and obedient, the executive part of his Affairs. There he ruminates of his Councillor's Wisdom and Address, and what is fit to be communicated to them. Here he consults the safety, preservation, and wealth of his Subjects; how to make all of Loyal Principles (though of different persuasions in Religion) live at ease and freedom. Here he studies to obviate the designs of the Factious and Seditious, which give greatest disquiet to the otherwise flourishing Reigns of Princes: To reward, advance and honour those who do him the acceptablest Services. Here he bears the Burden of his Kingdoms alone, revolves the fate of other Empires, and resoves the Model of his own. May the Divine Wisdom inspire his Royal Breast here, and in all places, to follow such Methods, as may make his People truly Reverence, Love, and dutifully Obey him, whereby not only his Reign may be prosperous and peaceable, but our Posterity may find the good effects of his Government. Were his Majesty's Character as well known, through all his Dominions, as it is to those nearest to him, (however imperfectly I have described it) I should not think it possible that any could entertain such Umbrages of fear of his Conduct, since we may be assured so wise, and extraordinarily qualified a Prince, will attentively consider how his own ease and felicity is involved in that of his Subjects. Were he a Prince less Vigorous, and Active in his person, (which his Princely exercises and temperance contribute so much to) were he less experienced in a long Tract of Obervations, less knowing of men, and of their bypast, and present, innate and forced dispositions; and of a less piercing Judgement, and vivacity of Spirit: Had he not so many times adventured his Life for the Honour and Safety of these Kingdoms; were he a Prince that did not so seriously discountenance profaneness and vice, or gave not such signal tokens of his piety; were he a Prince that devolved his Cares on others, whereby he might enjoy a pompous and easy life; were he not constant to his purposes, or were less exemplary in all provident managery, or sparing in the expense of Provisions for the Honour and Safety of his Dominions; Were he subject to any transport of Passion, or easily imposed upon by sly and cunning Achitophel's; we might suspect his concern for his people, and think him negligent or not understanding of his Interest. But a Prince endowed with so extraordinary qualifications can never be wanting in the great concern of his Royal Office, both in conserving his Dominions in peace, and being indulgent to all, that unworthily distrust not his Gracious Intentions, and make not false constructions, comments, and glosses upon them, and by an unworthy waywardness court cloudy weather or storms, when they might enjoy sunshine and a clear sky. SECT. XVIII. The Conclusion. TO draw now towards a Conclusion, I shall only offer you some considerations, which I desire you will seriously think upon. First, you cannot but have observed, that there are a set of men, who although they be at as great a distance from knowing his Majesty's Resolves, as they are from the Moon; yet will pretend to have Telescopes in Politics, whereby they can discover all the Hills and Valleys, Seas and Rolling Sands, the Precipices and Plains, the Deserts and Fertile Champaigns of our little world, and by engraffing Microscopes upon them, can magnify to what prodigious bulk they please, Molehills and the minutest Infects: Yea they pretend to discover the secret Springs and Movements of all Counsels, and that, (which is their greatest dexterity) by a Charm they have, they can make every one they get to use these, to believe the reality of what they represent. These men considering the King's Personal Resolution, Courage and Conduct, and the Noble Designs he declared at his first entrance on his Government, that, by the blessing of God he would adventure his person as far as any man in his Dominions for the good of his people, and endeavour to raise the renown and repute of his people, as high as any of his Predecessors: and withal considering the success that had attended all his undertake, knew that they could no ways foreslow the progress of his affairs, but by depriving him of the Cordial Affections of his Protestant Subjects. Therefore finding that his Majesty would be bound in Honour and Justice to show favour to Catholics in employing them and endeavouring a repeal of penal Laws, and knowing how much it would stand them in hand to lay hold of this opportunity; fell presently to sigh out their extreme fears, that the Church of England was to be trod under foot, if not totally extirpated. They knew full well, that as a Nipping Frost suddenly despoileth fresh Flowers of their richest paint and beauty, and makes their erectest leaves soften and flag, and singes the tallest Oaks, as well as the lower Thickets and Copices; even so from this chilling apprehension, the briskest and most active Loyalty of some would be palsied, benumbed, or cramped; a Cloudy Jealousy would seize others, and it would slacken the sails, and becalm, and make those Vessels Hull and float in a dead Sea, that had formerly made so fair a progress towards the Port of Loyalty. They knew likewise, that if they could get the Kings desires opposed in Parliament, it would effectually hinder the former good Correspondence had been betwixt the King and them, and so it was their Interests, like cunning Ambodexters, to animate, and encourage the King's Zeal for it, and at the same time to set all other tools at work to get it opposed. This was the masterpiece of some people's policy, which possibly was not all homebred, and it hath most powerfully effected the business: and no doubt but it was easy to have been prognosticated. However the matter hath been managed, it is too late to call back yesterday: The King hath the same motives to insist upon the taking off the penal Laws; and since I have laid down so fully the reasons and inconveniencies of denying his desire: It will be very becoming the wisdom of the Parliament (as Loyal as a Prince can wish) and of all the true members of the Church of England, and of all that desire, we and our posterity may be happy, to study such expedients, as there may not be eternal heartburning, persecutions, jars, and feuds, betwixt the Members of the two so Famous Churches, and that they will not only impartially consider what I writ to you, but that they will call in the aids of their Christianity, reason and duty to govern their Actions, that we may not endanger our Religion, or be misled by false fires, and trained into those denns, where destruction and slavery keep their residence, and where the pretended qualm at the apprehension of their dying Religion, is but to get a dose of that Volatile Salt of Vipers, that they hope would raise to life again their good Old Cause. I know it is one of the difficultest cures to bring Hypochondriac people to abandon, or forget their complaints: If they get a notion by the foretop, they swing it about, as boys do fire-sticks, till it appears a whole Circle of Fire, whereas six drops of water will quench it. Sometimes such are cured with Hellibore, but oftener by calm reasoning, diverting their thoughts, by representing the ill consequences of such groundless fancies, and then cordial refresh of their spirits bring them to composure. I have made choice only of the last, and desire all Lovers of their Country, yea, and of their Religion also, to consider what the designs of some men are, by their Libels, wherein they endeavour to possess the Soldiery with strange apprehensions, and would poison them in their principles of Allegiance. Surely it can be to no other end, but that they hope thereby to disarm them of their Loyalty, and so to find from them little resistance, when they could be able (by setting up the Standard of Protestantism) to assemble their power against the Government. Have you not seen other Libels for setting up Stipulatory, Conditional Monarchy? There was never an Insurrection, or any Intestine Trouble, but it was occasioned by a prepossession of the people, with an ill opinion of the Princes Conduct, and by debauching of the people in their duty; and when there was either a faction in the State, or diversity in Religion, these readily divided their adherence, either to the Crown, or to the Seditious, or Rebels. But whoever got by such commotions, I am sure the generality of the Subjects were sufferers; and whenever God Almighty punished them in this kind, yet we find, in the upshot, the Government was again settled more firm, as we may learn even by our latest examples at the Restauration of King Charles the second; And whoever consider the benefits that accrue to a people that live quietly under Government, and the sad mischiefs that Faction and Sedition cause, will choose the one rather than the other, and will find that all the stricter impositions on the Subject, have been occasioned by the people's disobedience, and the displacing of Officers have been for the security of the Government: Hence the Act of purgeing Corporations, and the late Quowarrantoes, and some Acts of State of later date. Distrust of a Princes good Intentions for his People, and diffidence in his gracious promises, above all things are to be avoided in Subjects. It is that hinders them from yielding to his reasonable desires. Our gracious King hath multiplied his Assurances of his protection of our Religion, and it is our Duty and Interest to be confident in, and truly thankful for them, and neither by insolency, mistrust, or peevishness to forfeit his Royal Favour. Those who are well acquainted with the gracious and generous temper of his Majesty, know, that a diffidence in his Sacred Promises, is so much the more disobliging, as it is the questioning his veracity, which is one of the chief and most valuable of his Royal Virtues. This distrust touching so vital a part, as the Justice and Reputation of any private person, raiseth a deep resentment: how much more must it be ill endured in so great a Person, who hath that peculiar temper of Spirit (suitable to his Birth and Dignity) not to suffer his Methods to be thwarted, or disputed; especially where the constructions put upon them, tend to the diminution of the Love and Honour his Subjects own him, and will occasion seditious withdrawing of the Subjects from their Duty and Allegiance? which as they are most important mischiefs, and hazard the Peace of the Government, so they have, in all humane probability, been the rrue, and only Motives, that have induced his Majesty to withdraw his wont kindness from some persons, that I am confident out of mere inadvertency of these consequences, and out of desire to serve him in other Methods, have fallen under his displeasure. Upon this consideration it is, that our Loyal Divines should have a special regard, that neither openly, or covertly, they increase their Auditories suspicion, or distrust of his Majesty's kindness to our Church, but rather enforce a free passage of the contrary to our very heart and souls; so as first to be truly thankful for his grace, and then to be confident of it: They have liberty from the King to confirm their Auditors with the best Reasons they can (without misrepresentations) in their Religion. But withal, I think it likewise necessary, they be taught not to harbour those doubts, and apprehensions of any Intendment of the King by any power to enforce us to abandon it, but rather encourage them in a firm and thankful belief, that the King will make good his gracious Promise. Some such Cordials would preserve our Religion, better than all the bewailings of the afflicted State of the Church, which will not secure us one Article of our Religion. I can foresee no danger to the Church of England by this way of proceeding, but am most assured it would incline his Majesty more cheerfully to continue his protection of it, in finding such grateful returns of his Favours. Only it might produce one effect, that some probably are not desireous to experience, that it would again bring us to that Criterion, and perfect distinction of those who are true Members of the Church of England, from others that now wear the Badge and Livery only, which they can as soon undress themselves of, when they should judge it for their Interest. We should then find them at their old Calumnies, that the Clergy were going over to, or meeting halfway the Church of Rome; and even those who are so much applauded and followed, would in a little time be accused of selling the Reversion of our Religion, as in the late times they were scandalised with the Incumbering and Mortgaging of it. Upon the whole let us seriously consider, that where Loyalty obtains, no people can be miserable, let us trust God and the King. And though there are differences in point of Doctrine, betwixt the Roman Catholics and us: Yet as we agree in Morals, and in several indisputable Points of Christanity, in the Creeds, and several Articles of Faith, as well as in some external Ceremonies (rejected by other Protestants) there is no reason we should keep up such inveterate Animosities, be at perpetual strife, not the finibus regundis; but of exterminating one another. But rather study how by an amicable accord in our common Duty of Christianity and Allegiance we may mutually and Cordially endeavour the defence and preservation of the King and his Government, which ought to be every Loyal man's design, and is the sole intendment of this my present writing to you. FINIS.