A DISCOURSE OF Ecclesiastical LAW, And SUPREMACY of the KINGS OF ENGLAND, In DISPENSING with the PENALTIES thereof.  
By Mr. PHILIP NYE.  
LONDON, Printed for W. Cross, MDCLXXXVII.   

A Discourse of Ecclesiastical Laws and Supremacy of the Kings of ENGLAND, in dispensing with the Penalties thereof.  

CHAP. I. The CASE and STATE of the QUESTION.  
THE King's Power and Jurisdiction in Ecclesiastical Affairs may fall under a threefold Consideration, as 1. Put forth by himself. 2. By Commission granted to Ecclesiastical Persons, and exercised in those Courts we term Spiritual, or Ecclesiastical. 3. As such Affairs are managed and ordered by him in Parliament, and by the Authority thereof.  
The form in which these Ecclesiastical Laws are expressed to us, is this; Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons in Parliament assembled, and by the Authority of the same, etc.  
Merely to advise and consent implys no more Authority in Establishment of Ecclesiastical Laws than what was put forth by the Convocation in their Canons; but it being added by the Authority thus mentioned, may be construed either relating to the advice and consent of the Lords and Commons in Parliament; which is a suffrage, and more than our advice or bare consent. For it implieth when Bills are form, read, debated and assented to by both Houses, they were then stamped with some kind of Parliamentary authority. Or it is to be interpreted as relating to King, Lords and Commons; which is likely: for Consultations of Parliament, although concluded by Vote, yet become not formally a Law until His Majesty hath given his Royal assent.  
And in this sense Ecclesiastical Laws and Orders, which are enacted and established by Statutes, have as formal a Sanction, (being not only by the Authority of the King; but by Lords and Commons assembled in Parliament) as other Laws wherein our Civil interests are concerned, namely, by a joint and not the single Power of either.  
This being granted, some may say, 'tis then needless to dispute those higher interests; and thence also inferred, That as these Ecclesiastical Laws have their rise, vigour and strength; so their diminution and abatement from conjunction of both Powers, and are more fixed and stable than those Canons and Orders in Ecclesiastical Matters that have their sanction from the King only.  
But to this I say briefly, these Powers are not so equal but the King hath the Supremacy, and is enabled thereby to such Acts and Ordering about the Penalties of our Laws as are peculiar to the Crown and Dignity of a King: as in mitigating, exempting, dispensing, licensing, pardoning, etc. and all this more especially in Matters Ecclesiastical as by the following will appear.  
This Power and Superiority exercised by the Kings of England with respect to the Penalties of our Laws both Ecclesiastical and Civil shall be spoken to in these two particulars.  
First, That such an Authority and Supremacy is necessary, and aught to be placed in some hand.  
Secondly, That it is a Dignity which hath been always in the Kings and Queens of this Realm.  
1. For the former. In all Polities and Forms of Government, as there is a rule the which is to be the measure to and by which all men's actions that live under that Polity are ordinarily to be Conformed and Judged; so is there always some provision made for mitigating the rigour of the rule in Cases which may fall out and cannot be foreseen by the wisest Legislators: And in such cases to exercise summum jus would be summa injuria. Therefore there is here not only a Power to Judge as the Case stands in the strict Letter of the Law; but as there are Courts of Law, so are there Chanceries, Courts of Equity and Conscience wherein the Law and Rule itself is dispensed with, and varied from. The Proceed there are not according to the strict terms of the Law, but secundum aequum & bonum, according as the merits of the Case require.  
1. For Laws constituted for a whole Nation universally to be submitted unto by Persons of what quality soever, and how much soever different in their Conditions, must needs in their strict execution bear harder upon some men than upon others. Parliaments in their Laws going by the rule of ad ea quae frequentius accidunt, etc. better a mischief than always an inconvenience. It is taken for granted that a general Law which hath its good and necessity in respect to the bulk and body of a People, may prove unequal to particular Persons from the Circumstances of their Condition. In the Commonwealth the ease and benefit of each particular person of what degree or condition soever is to be consulted; but where Laws are executed in their full rigour, and no particular Mercy or Indulgence in special and unusual Cases, it will not be. So God himself who knows every man's heart, yet some of his Laws which are given in the general to all, would not prove so equal to each at all times without exemptions in particular Cases. Hence we say affirmative Precepts bind not AD SEMPER. To such Laws is that of Mark, C. 2 to be referred in the Case of the Shewbread.  
And the Pope who assumes to himself a possibility not to Err, yet how doth his Republic abound in Courts for Faculties, Dispensation, Indulgences?  
2. It is also to be Considered, there are no Societies of men but may err in their counsels. Laws made in one Parliament come to a review, and often to an alteration, yea to a repeal in the next. The intervals of those great Counsels are some time long, and if no way of relief were in the mean time, the Subject would without remedy undergo the Penalty of an unequal Law.  
These and the like Considerations make it necessary that besides the Legislative Power placed in the Parliament, there be some hand or other also by which upon all emergent occasions, the rigour of a Law as to its Penalty may be abated, by the means whereof not only men's Liberties and Estates but lives also are sometimes preserved.  
2. For the other, This balance hath always been trusted in the hand of and annexed to the Sovereign Majesty of every State.  
For this interest doth little vary, but remaineth in a manner the same in all States in what form soever they be established. In the State of England being an Empire, and its Crown in many Acts of Parliament, (especially relating to these Matters styled Imperial) this Power is inseparably annexed thereunto; which needs little proof, it being confirmed by the OATH of SUPREMACY. Our great Lawyers also give in their suffrage hereunto, frequently affirming that the Statutes relating to the King's Ecclesiastical Jurisdiction are not introductive of new, but declarative of the old Laws.  
When an Act (say these two learned Judges Coke and Rolls) forbiddeth under a Penalty, in case it may be inconvenient unto divers particular persons in respect to Circumstances, the Law gives Power to the King to dispense therewith.  
And in like Cases, or upon other Considerations equal, he may dispense, licence, pardon, etc. yea althô these Laws have been passed by His Majesty's royal assent formerly, and (what is more) a Clause inserted in the Act that the King's Licence in this or that case shall be void. Yet it will be no BAR to such Prerogatives as are originally and inseparably inherent in his royal Person, but he may give Licence with a NON OBSTANTE thereunto.  
A learned Sergeant in his NO MOTECHNIA hath these words, The King by a Clause of NON OBSTANTE may dispense with a Statute Law, if he recite the Statute, though the Statute say such Dispensation shall be merely void. And he may licence things forbidden as to Coin money, which is made by the Statute Capital, and was before unlawful, for that is but malum Prohibitum; but malum in se, as to leave a Nuisance in the High way, etc. he cannot licence to do, but when it is done he may pardon it; but where the Statute saith his Licence shall be void (which the Civilians call clausula derogative) there it must have a Clause of NON OBSTANTE (i.e.) NOTWITHSTANDING ANY STATUTE, and else it is not good. And (saith the same Author) he may in respect of his Supreme Ecclesiastical Jurisdiction, exempt some from the Jurisdiction of the Ordinary, and dispense with others in things which the Ecclesiastical Law Prohibits upon the same ground that they are not, mala in se, but prohibita.  
I hold clear, saith Judge Hobart, That though the Statute saith, that all Dispensations, etc. shall be granted in manner and form following, that yet the King is not thereby restrained, but his Power remaineth full and perfect as before, and he may still grant them as King.  
The King may remit the Penalty and Punishment though not dispense where what is forbidden by Law is malum in se, saith that Sergeant in his forementioned Discourse: much more than where what is forbidden is but malum Prohibitum. The Statute indeed of 1 Ed. 2. cap. 7. Enacts that no letter shall proceed from the King to discharge an excommunicated Person, but where the King's Liberty is prejudiced: but as this Statute itself proves the late and former practice, so it takes it not away, since the King's liberty of discharging such Persons used before is preserved by the same Statute.   

CHAP. II. Of the Prerogative and Regal Power in relation to Ecclesiastical Laws and Matters of Religion.  
1. REligion in the moral part thereof, namely, the Precepts and Commandments of God, the institutions and Ordinances of Christ, these are not subject to any humane Wisdom or Power. The Apostles that were of higher authority in these Affairs than any on earth, went no further then as 1 Cor. 11.23. What I have received of the Lord that I deliver unto you. To make Laws in Spiritual Matters that are such by the Light of Nature that men may be moved to do and act according to this Light in duty and our Civil concerns, we yield unto the Magistrate who is custos utriusque tabulae.  
2. There are matters of Circumstance: also these and the like are made by our Laws to depend upon the power and ordering of the Prince. This distinction you have laid down as Law by Judge Hobart. These are his words: Though it be jure divino that Christian People be provided of Christian offices and duties, as of Teaching, Administration of Sacraments, and the like, and of Pastors for that purpose, and therefore to debar them wholly of it, were expressly against the Law of God: Yet the distinction of Parishes, and the form of furnishing every Parish Church with its proper Curate, Rector or Pastor by the way of Presentation, Institution, etc. as it is used diversely in divers Churches, and the state or title which he hath or is to have in his Church and Benefice, is not a positive Law of God in point of Circumstance. And we know well that the Primitive Church in its greatest Purity, was but voluntary Congregations of Believers submitting themselves to the Apostles, and after to other Pastors, to whom they did minister of their Temporals as God did move them. Government is a beam of Divine Power, and therefore he proceeds saying, if a People refuse all Government, it were against the Law of God, but if a popular State will receive a Monarchy, it stands well with the Law of God. In the Case of Glover and Colt against the Bishop of Coventry and Litchfield, pag. 149.  
From all this the Judge seems to confirm his distinction by way of Comparison thus. As in humane affairs Government in the general and essentials of it, that one man be subject to another in an orderly way, is necessary, and jure divino, and not in man's liberty and dispose: Yet for the modes and forms of Government and like Circumstances, it is left to the choice and wisdom of Men and the Conduct thereof.  
So in Matters of Religion which are not jure divino, our Law judgeth the Magistrate hath the ordering thereof in each Nation according to the manners and temper of the People, which is various: And in particular the disposing of Pastors and People for the more convenient and orderly Service and Worship of God to be only jure humano, and may be otherwise, and was so in the Primitive Church in her greatest Purity.  
Pastors and People were not then as now engaged by this relation one to another in this Parochial bond or tye, but enjoyed a Christian liberty voluntarily to dispose of themselves, under such and such a ministry as they should make choice of to themselves. The Church is said in that state to be in greatest Purity. 1. The Congregational way therefore is not a way in this learned Judge's opinion of disorder, and confusion, as is so frequently suggested. 2. And that it is in the power of Supreme Majesty to dispense with a Parishioner as well as with a Pastor or Rector to be a nonresident and take another Rectory, the division of Parishes being jure humano.  
What those things and Matters of Religion are in the judgement of our State that come under the manage of humane Wisdom and Power, is well expressed in Queen Elizabeth's Advertisement. These Orders and Rules have been meet and convenient to be used and followed; yet not prescribing these Rules as Laws equivalent with the eternal Word of God, and of necessity to bind the Consciences of our Subjects, in the nature of them considered in themselves; or as they should add any efficacy or more holiness to the virtue of public Prayers, and to the Sacraments, but as temporal Orders merely Ecclesiastical without any vain Superstition, or as Rules in some part of discipline, concerning decency, distinction and order for the time.  
And in the Articles of 1562, It is not necessary that Traditions and Ceremonies be in all places one or utterly alike, for at all times they have been divers and may be changed according to the diversity of Countries and men's manners: So that nothing be ordained against God's Word.  
It is granted that even these Ecclesiastical Laws ought to be conformable to the Word of God, and to these general Rules laid down in the Scripture for ordering the Worship and Service of God in the Churches; as let all things be done decently and to edification: Give no offence to Jew or Gentile, and the like, but not to be men's mere inventions.  
That distinction which some would make of things against or contrary, and what is according to the Word of God, as they apply the one to matters of Faith, the other to matters of Order, is a distinction without a difference: there is more wit than truth in that interpretation of Christ's words, He that is not with me is against me; and in another place, He that is not against me is with me, applying one to matters of Faith, the other to matters of Order. There is no such distinction to be made, but Rites, Ceremonies, and matters of Order ought to be according to God's Word as well as matters of Faith. Magistrates are to judge circa res Ecclesiasticas, de iis si fidei sint dogmata vel ritus & Ceremeniae: earumque veritatem & equitatem juxta verbi divini normam. Mocket de Pol. Eccl. Anglicanae cap. 30. And the Power of the King stands not in forming new Articles of Faith or forms of Religion, and such as were Jeroboam's Calves, but in defending and propagating that Faith and Religion of which God in the Scripture is the undoubted Author, faith Mason of Bishops, cap. 5.  
It is evident those holy men our first Reformers made no such distinction; but that all should be done according to God's Word, laying before them these general Rules in Scripture, even in retaining that which hath been so offensive; for of the retaining Ceremonies there is this account given by them, viz. because they appertain to Edification: whereunto all things done in the Church, as the Apostle teacheth, aught to be referred. And our Liturgy saith thus: There is nothing to be read but the very pure Word of God and the Holy Scriptures, or that which is evidently grounded upon the same. Preface to the Common-Prayer. God be thanked (saith good King Edw. 6.) we know both by his word what is fit to be reform and have amended, etc. The Bishop of Rome and his Jurisdiction is taken away and abolished, because is had no ground or establishment in the Laws of God. Injunct. Ed. 6. So Pill grimages, Offerings, Beads, Images are done away, being works devised by man fancy, and beside Scripture.  
It is convenient thus distinctly to have insisted upon what we term Religion, or Matters Ecclesiastical, according to that sense in which the Civil Magistrate assumes to himself the ordering hereof, and what influence and authority the Scriptures have, or aught to have in these Rites of the Church, and matters of Orders as well as matters of Faith. For hereby it appears whence it is men's Consciences are more concerned in these Laws than in other municipal Laws of the Nation; and their not being free to submit to these Ecclesiastical Laws when not form according to God's Word, is no evidence of that Seditious spirit that kicks against all Laws.  
2. There is a necessity, and that of much greater importance, Provision be made of Dispensations, etc. as occasion shall be of Laws Ecclesiastical than Civil.  
In Matters of Religion and the Service of God, (1.) Multitudes there are of lose and profane Persons, and in respect to such neither are the Laws in themselves, nor in the execution of them, severe enough. (2.) Against POPISH Recusants the Laws have been severe enough, yet in the Execution, great Moderation (3.) There are those (and blessed be God great numbers) who are not only Orthodox in Faith, but of unblameable life in the greater things of the Law and Gospel. These have fallen under most fevere Laws, and of late with greatest severity put in execution, and would be utterly ruined, if there be no means of relaxation. It is in the behalf of these I argue this Necessity of Indulgence, and from these and the like Considerations.  

1. There is a greater proneness in conscientious men to scruple and to be doubtful in their obedience to the Ecclesiastical, than to the Civil Laws of a Nation: as before.  
2. The great difficulty in forming Laws wherein men's Consciences are immediately concerned so as not to dissatisfy some, if not many.  
3. If those Laws be not according to Scripture in the apprehensions of those that are to obey, whatever they are in themselves, it's our Sin if we obey: it's not so in Civil commands.  
4. It is not of so ill consequence for us to yield obedience to a Civil as to an Ecclesiastical Law, if ill constituted by the State.  
5. From what is found in a manner peculiar in these our Ecclesiastical Laws, and the administration of them many ways prejudicial to the subject, there is a necessity some such provision be found on our behalf of this kind.   
1. The real doubts and scruples about our obedience in these Ecclesiastical Matters, cannot but be more and greater than in other Laws. A man of the greatest knowledge in these things knoweth but in part, and the most men have but a parcel in this part. It is true the Principles and the greater matters of Religion are in great perspicuity laid down in Scripture, which gives knowledge to the Simple; but these matters of Circumstance and external order we have for the most part in the generals only, and hints from Examples and Customs of the Apostolical Churches, in the interpre. terpretation whereof the most learned find difficulties and are divided. Now the want of Knowledge is the ground of scruple and doubts in our practice, 1 C. 8.7. For the working of Conscience is from the ultimate resolution of the practical understanding, and hence it is that the same Practice may be not only scrupled, but a Sin to one man, that is not to another upon the account of different apprehensions. There may notwithstanding be integrity and sincerity in both, and therefore they are tenderly to be dealt with as the Apostle requires, which you read in Rom. 14.  
2. A great difficulty there is to form Ecclesiastical Laws; they being to be the same (where uniformity is much stood upon) for a whole Nation, so as not to leave grounds of dissatisfaction to many men's apprehensions, being various through the degrees of Light: in so much as that may be Sin to one man, which is a liberty to another of a greater degree of light. A little is next to nothing, and what is indifferent is nearest in likeness to moral Good or Evil. Hence so frequent mistake. And as it is with particular Persons, so may it be with a Society or Company of men: one true Church in these things differing from another, and the same Church differing from itself upon further discoveries. A Synod, a Parliament may judge such and such things, that they who are to submit, may sincerely scruple, and stick at as Sin. If Churches and Men heavenly enlightened are thus exposed to vary in their apprehensions, we cannot be confident of any Council or Assembly made up of the most Wise and Prudent Men.  
Parliaments are chosen by the votes of the promiscuous multitudes in respect (we would hope) to their sufficiency in managing our Civil and Temporal concernments: but as to their Skill and Ability to discern and judge of such matters appertaining to Order in the Service and Worship of God, all men have not this Knowledge: this is little or not at all attended by those that Elect them; by reason whereof Matters wherein men's Consciences are concerned are not at all times carried by those who are most Conscientious in that Assembly, who are not always the Major part; yet notwithstanding are required in their Consciences to assent and consent to such Determinations being made, although possibly near one half in number dissented in the passing of them; and it is unavoidable in all and the best Assemblies that are chosen by the general suffrage of a Nation.  
Again, These matters of Ceremony and external Order are sometimes managed in part with respect to a Party different in their apprehensions, and who thereupon form these Laws with respect to Prudence as well as Conscience. In our first Reformation it was said such Superstitions are taken away, a●time would serve quietly to do it, and many things were left remaining in our Liturgy, which otherwise would have been removed in compliance with that form of divine Service used-before by the Papists, that they may not be provoked but rather won thereby to our Religion. women's Baptising was continued in our Liturgy, (saith the Bishop of Winchester) else the Book would not have passed the House. [Conf. at Hampton-Court.] King James was once willing that some Ceremonies giving offence should be removed. But the Parliament then sitting thought it not Prudence; and our present Sovereign would have done a great matter for the Ease of Tender Consciences, as appears by some of the Declarations herein after mentioned; but it stood not with the Prudence of this House, as they expressed in their Answer, without whose concurrence His Majesty thought not fit then to do it.  
3. From mistaken Principles, as that there can be no Unity without Uniformity, that there can be no Discipline in a Church without some Ceremonies of humane Institution; that things in Worship indifferent become necessary, being imposed by Authority: That things in matters of Order that are once established, and some time continued in the Church may not with safety be altered. These things I offer not to derogate from Parliaments in their manage of such Affairs, but upon this serious account only, To show that as our Civil Laws have made provision that the Church shall not in their Laws and Canons order any thing against the Prerogative of the King, or the Laws and Statutes of the Realm in general, and that such Canons shall not be in force that do. (25 Hen. 8.19.) So likewise Laws and Statutes in Ecclesiastical Affairs, established by the Civil Power, if they be found to derogate from the Prerogative of Christ Jesus, or the Laws and Statutes of his Kingdom ought not to be in force upon men's Consciences.  
As Churchmen being supposed not to be so well understood in secular Laws but may transgress, so may secular Persons likewise in their orderings about Church Affairs; therefore there is a like necessity of a Power to review, Judge and dispense with such Laws as shall be found to disturb the Consciences of peaceable Subjects, as occasion may urge thereunto. Hen. 8. by Commission (which was continued by Edw. 6.) appointed 32 Persons, 8 of each Profession, to peruse the Canons of the Clergy then in force, to the end those might be removed that were any ways against the Crown and State. These Kings might have done the like in respect to those Canons and Ecclesiastical Laws enacted in Parliament, if they were found to derogate from Christ's Commands, or his Institutes, or if justly offensive to the peaceably Godly, that Dispensations might be granted for the present, till further Reformation be obtained.  
3. The Municipal Laws of a Nation are from and conformed to the Principles of right Reason and common Justice only, and we have submitted to the Resolutions of those Wise and Prudent Senators we ourselves have made choice of to enact and establish such Laws for us, and therefore may acquiesce in their Determinations without further enquiry, having given a kind of absolute pre-consent to such Laws as shall be enacted by them: but it is not so in Ecclesiastical Laws entrusted with the same Persons, for they are to be form according to God's Word which every man is to take as his immediate Rule, and not to do or submit to any thing in his Practice about the Notion of Religion, but what is conformable thereunto; he is to LIVE and act by his own Faith. To Law's Ecclesiastical therefore made in Parliament we give only a Conditional Consent, viz. So far as they are agreeable to God's Word, and concur with Gospel-rules; nor is it in the liberty of any man's Conscience or reason to yield more, nor is there any more by us entrusted with the Representative, the Parliament. If a man doth scruple the reasonableness or equity of a Law established concerning Civil right, or what is required from such a Statute, he may notwithstanding yield Obedience without Sin, and aught so to do, rather than to offend by any appearance of disobedience as Christ himself did, Matth. 17.26, 27. But in Matters of Religion, even Circumstances Ceremonies or Matters of Order, or the least thing wherein the Lord hath concerned his Word, if there be a doubt or scruple whether it be lawful and conformable to Scripture; though it be from Ignorance, or weakness, yet I sin if I submit in practice thereof, Rom. 14.21. compared with 2, 3.  
The consequence of Transgression in this kind is more than the loss of Estate, Liberties, yea, of Life itself. If Laws from Superiors concerning Civil right be unjust in themselves, or prove unequal from the Circumstances of this or that man's Case, who cannot be relieved by any indulgence, he may submit without Sin, and without transgressing any Law of God; nay, it is virtue and pleasing to God to show our patience in such suffering, 1 Pet. 2.13. compared with 18, 19 1 Cor. 6, 7. but not so in the Matters of Religion; for we have it from Christ to the contrary, that is, not to submit Coloss. 2.20. and God blames his People by his Prophets, for willingly walking after the Commandments and keeping the Statutes of Omri, Hosea 5.12. Micah 6.16. the Lord is a jealous God.  
4. If there be not a Power to Judge and Dispense entrusted in some hand, the People are in a worse condition on these accounts then in their civil interest, and that upon a threefold account.  
1. The Secular Laws and Statutes made in behalf of the Subject are often upon further Deliberation and Experience of inconvenience altered and repealed, whereby the Subject hath ease. It is ordinarily seen in our Civil concerns, that some ACTS of Parliament that partly for their severity, or upon some other account, passed as doubtful whether fit to remain as standing Laws, are therefore limited to a certain Time, and after which to expire and cease. The severe Act of 35 Eliz. which in the Process of it reached men's lives when first passed, was to remain a Law but to the end of the next Session of Parliament: which in regard of some doubt (it seems) whether in force or not, is declared by this present Parliament to be so, and that it ought to be put in due execution. And now at this time there is a Minister of the Gospel under the Sentence of that Act, and for transgressing that Law had lost his life, had not His Majesty interposed by his Prerogative. A wise Statesman once advised and expressed himself thus: I ask why the Civil State should be purged and restored with good and wholesome Laws made in every 30 or 40 years in Parliament, providing Remedies as fast as time breedeth Mischiefs, and comrariwise the Ecclesiastical State should still continue upon the dregs of time, and receive no alteration. Now for these many years we have heard of no offers of Bills in Parliament, is it because there is nothing amiss? [Sir Fr. Bacon.]  
2. In that all Proceed in Ecclesiastical Courts are ever to the utmost rigour and letter of their Canons and Orders. There is no Chancery or Court of Equity to appeal to for redress, but in some few Cases; as in causes Testamentary, Matrimony, Divorces, etc. specified 24 H. 8. Matters wherein our Estates are touched; but in matters of Conformity, and such Cases wherein our Consciences are concerned, we are left destitute.  
3. Men are upon this peculiar disadvantage in these spiritual Courts who are impeached for Nonconformity to their Canons and Orders, in that their Adversaries and those that are Parties for the most part are their Judges. This Sir Fr. Bacon in his Considerations condemneth as a great Injustice. So that it is evident considering the Nature of Ecclesiastical Constitutions, and how managed with us in this Nation; how necessary it is that some Power be placed somewhere, by which we may be relieved when exposed more than others to such extremity of rigour. For otherwise as Conscientious men are more disposed to doubts and scruples in the way of duty in this kind, so to less Mercy and Indulgence from our Superiors.   

CHAP. III. That our relief is from the Jurisdiction and Power in His Majesty to Dispense and Exempt; for in his hand this balance is placed, which is that we shall insist upon in the next place.  
1. THis Prerogative and Power to exempt from Ecclesiastical Laws is in the Sovereign: for the confirming whereof, not to insist upon what was acknowledged by Eleutherius touching Lucius our first Christian King, that he was Vicarius Dei in regno suo, in reference to matters to be reform; or what is mentioned concerning the Laws and Practice of King Edgar, and Edw. the Confessor, namely of the first meae solicitudinis quieti eorum consulere de quorum moribus spectat ad nos examen, and of the other from whom it's said much of our Laws is derived, in describing the King's office, he saith, Rex ad hoc est constitutus ut regnum terrenum, Populum Dei & Ecclesiam regat, ab injuriis defendat & maleficos ab ea evellat, destruat & penitùs disperdat: and much of the like nature that might be urged from Antiquity; but to come nearer home, I bring the Testimony of the Clergy in Convocation, or the representative Church of England, who make it so great a Duty to acknowledge this as they have expressed their severity thus. Whosoever shall affirm the King's Majesty hath not the same Authority in Causes Ecclesiastical, as the pious Princes of the Jews and the Christian Emperors obtained, let him be excommunicated ipso facto, and not to be absolved but by the Archbishop of Canterbury. Canons of the Convocation, 1603.  
I shall join with this Testimony that of another Council (namely that met in the Star-Chamber, 2 Jac.) made up of all the Judges and Persons learned in the Law summoned by King James for resolution in some Ecclesiastical Cases, whereof this of His Majesty's Prerogative was one; their resolution you have in these words. The King without the Parliament may make Orders and Constitutions for the Government of the Clergy, and punish those that disobey and refuse to submit, and this their resolution was ordered to to be registered and Recorded in the several Courts of Justice.  
3. And from time to time the Kings and Queens of England have assumed and exercised this Power.  
1. In general, the whole body and systeme of Ecelesiastical Laws and Canons are published by the Synod of the Clergy from time to time without any particular Parliamentary Sanction: And yet have not these Canons their Authority from the Synod or Clergy met in Convocation. For Canons concluded by the Province of Canterbury only, cannot (as such) oblige the Clergy of the Province of York, who had no Representatives or Clerks sitting in that Synod or Convocation that met Anno 1584. 1597. and 1603. and yet its Canons obliged to subjection the Archbishop and Clergy of York, as well as those of 1640. where were the Representatives of both Provinces. It is therefore the ROYAL authority expressed in the Letters Patents affixed to these Canons that gives them Power, and they are therefore termed Regiae leges Ecclesiasticae.  
2. Instances may be produced of several Injunctions, Advertisements, Declarations, and other Edicts and Requirements from Sovereign Power by His Majesty's Predecessors.  
You have the Injunctions of Edw. 6. 1547. and Queen Eliz. 1559. with Articles of Visitation thereunto adjoined. They licence Ministers to Preach, suspend also from Preaching.  
Edw. 6. also established a Liturgy or public form of Prayer to be used throughout the Kingdom.  
King James likewise gives faculties, confirms a new body of Lecturers throughout England, Preachers that were neither Vicars, Parsons, nor Curates.  
These Instances although not express of what these Powers have dispensed with or indulged, yet are pertinent upon this account. What Sovereign Power is thus put forth in Constitutions, Injunctions, and Directions, etc. in Ecclesiastical Matters, may in like Proportions be exemplifyed in Exemptions, Dispensations, etc. as with Parliaments and other Counsels vested with Authority the Power to repeal Laws and Statutes is as large as that Power by which they Enact and Establish them. For Example, King James might by his Prerogative confirm and establish a new order of the Clergy, which was our last instance; he might by the same Power dispense with and licence such Preachers which now seem and are reputed so to be. And it follows also if his Power will extend to indulge such persons, it will not prove short in respect to hearers, which are as it were new in the way of their Assemblies, and indulge such as are not in the Ancient order of the Parochial Congregations of England.  
2. The like Deductions might be drawn from other of those Instances. I shall notwithstanding for further confirmation, add other instances, and such wherein you have this Power put forth in dispensing and exempting from what hath been burdensome to men's Consciences by Episcocal Impositions.  
1. That of Edw. 6. In the 4th year of his reign, Certain Protestants removing themselves and Families out of Popish Countries into England for the sake of Conscience, and being not free to submit to the forms of Worship and Discipline established in this Church, this good King by his SOLE Authority granteth them the Liberty of such a Church Government and form of worship (whereof we shall say more in its place) as should be most suitable to their own Persuasion. This being utterly against the Provision and Settlement NEWLY made by Parliament, He strengthens his Grant by a NON OBSTANTE to the Statute, and strictly requires all Bishops and Mayors to suffer them to enjoy this Liberty of Conscience.  
2. Another instance you have of the same good King, in Hooper being chosen Bishop of Gloucester; and there being certain Rites and Ceremonies established by Act of Parliament to be Conformed unto in the Consecration of Bishops offensive to his Conscience, Edw. 6. requires Archbishop Cranmer to omit these Ceremonies, discharging him of all manner of Dangers, Penalties and Forfeitures he should be in danger of and run into in any manner of way by omitting of the same, and these our Letters (saith the King) shall be your sufficient Warrant and Discharge therefore.  
3. The instance you have also of what was done by Queen Eliz. for relieving Tender Consciences; namely, Her Majesty being informed that in certain places in this Realm, sundry of her Subjects called to the Ministry, being induced by sinister Persuasions, are scrupled about the Form of the Oath, which by an Act of the late Parliament was prescribed to be taken according to the Form expressed in the Act under the Penalty of being disabled to bear any Office in State or Church: Her Majesty was graciously pleased by her Power in Ecclesiastical Affairs to give and declare such a sense and construction of the words of this Oath, (expressed in other words much different) for their satisfaction, with a Gracious Declaration that such Persons fit for the Ministry as could not take the Oath in the Parliaments Form should be accepted to do it in this sense, and doing so they should notwithstanding be accepted of her Majesty as good and obedient Subjects, and be acquitted of all manner of Penalties contained in the said Act, against such as should refuse the same. By which means, many an able man had freedom to exercise his Ministry, which otherwise must be laid aside; which Indulgence of hers although against an ACT of Parliament, yet was owned as done by lawful Authority, and recognized by the Parliament 5 Eliz. and her Execution assented to and enacted.  
4. This renowned Queen, together with King James and King Charles the First, confirmed the Indulgence and Dispensation granted by Edw. 6. to Strangers; yea, although it was a Gravamen to the Bishops, as making an evident breach upon the Laws of Uniformity: for that 'twas granted not only to the Parents, but to the Children and children's Children, which were Natural Subjects to the Realm, Persons of great Estates, and Purchasers of Lands, and interessed in the Soil; the number also of these Congregations increasing, and situated in the eminent and chief Towns and Cities in the Kingdom, there to live and Profess as separated and divided Bodies, a Discipline and Worship differing from the Church of England, which was not at first intended as Bishop Laud complains, there being only that one in London when the first Grant was made, and such things were frequently suggested against them. Yet these Princes were graciously disposed (notwithstanding the Act for Uniformity) from time to time to Confirm the Grant of Edward 6th. by several Orders past, some of them form as having special respect to such Objections. And it will not be amiss for the Reader's Information here to insert some of them at least.  

The Form in which Queen Elizabeth confirmed their Liberties.  
Non ignoramus variis Ecclesiis varios & diversos jam ab initio fuisse ritus & ceremonias: non contemnimus vestras, neque vos ad nostras cogimus.   

King James, Oct. 17. About the Dutch at Colchester.  
His Majesty granted their Orders, Liberties, etc. in as large and ample manner to all intents and purposes as heretofore they have been used, tolerated and allowed unto them, any Provision or Jurisdiction to the Contrary thereunto in any wise notwithstanding.   

An Order of King James under his Signet, Jan. 13. 1616. on their behalf.  
These are therefore to Will and Command all our Courts of Justice, and other our loving Subjects to permit and suffer the said Strangers and their Children, etc.   

The Order of the Council for the Walloons of Norwich, Oct. 10.1621.  
Those of Norwich, though born in the Kingdom, shall continue to be of the said Congregation and subject to such Discipline as hath been by all the time of 55 years practised by them.   

The Order of King Charles the First, Nou. 13. 1631.  
We Will and Command our Judges to permit and suffer the said Strangers and their Children quietly to enjoy all and singular, etc. without any Trouble, Arrests or Proceed by way of information or otherwise.   

An Order of Council for the Dutch of Norwich, Jan. 7. 1630.  
That all those that now or hereafter shall be Members of the Dutch Congregation, although born within this Kingdom, shall continue to be of the said Church so long as his Majesty shall be pleased.   
These and divers the like instances might be produced, which sufficiently evince it as granted on all sides, and constantly supposed to be according to the constitution of this Realm, that our Kings and Princes have Power in and from themselves, as an inherent inseparable Prerogative not only to enjoin and give Laws to their Subjects in Matters Ecclesiastical, (such as are left to the ordering of any Civil Power) but also to dispense and exempt from Laws of that kind, though established by them in conjunction with the Authority of Parliament.  
Nor do we find that Parliaments at any time have taken into Consideration what was ordered and done by these Kings; and Princes in Ecclesiastical Affairs, as being their known Prerogative, no not in the time of King James, who assumed the most in such managements, nor by any Petitions or Addresses to any of those Princes (which is usual in the concerns of Civil Rights) for limiting or enlarging the exercise of their Power in these Matters Ecclesiastical: but rather recognising and confirming what hath been ordered by them, as in 5 Eliz. and in Car. 2. in the Act of Uniformity, and many other instances, might be tendered.   

CHAP. IU. Of Objections against this Power, and the exerting thereof, with Answer thereunto.  
THere are Reasonings possibly tending another way; the Objections obvious I shall now mention; having divers material Considerations pertinent to a more full and clear stating this Case, which might have been produced in the body of this Discourse, but are reserved rather to this place, partly because we find this vulgar way of DIALOGUE lets in Knowledge with less difficulty; and what is required by way of a Question, engageth him that proposeth, with greater attention to observe what is said in the Answer.  
Quest. If such a Power be in the King, may it not be thence inferred that be hath Power over the Consciences of Men?  
Answ. 1 There is nothing in this Power or the execution of it, but only taking off Restraints, as to the outward Duties which the Law requireth, and the pressing such things upon it as are contrary to its light and dictates. And the Power which Protects Conscience in its external actions, and takes off all fear and Impositions from it, is so far from being a Power over the Consciences of men, that it is a necessary requisite for acting of its own Power in obedience unto God. Neither, 2. doth it follow, that if the King may suspend the Execution of Ecclesiastical Laws, that in the like cases he may make such Laws: for the Suspension of Laws belongs to the executive, but the making of them to the Legislative Power, which are distinct; and in the making of Laws with Penalties annexed, the Liberties, Estates and Lives of the Subject are concerned; but in the suspension of those Laws no man is damaged in what is secured to him.  
Quest. If such a Prerogative be in the King, what need Ecclesiastical Laws be transacted and established by Parliament?  
Answ. 1 That if His Majesty is pleased in these Affairs at any time to take in the Advice and Assent of his Lords and Commons in Parliament, it doth not always evidence His Majesty's Power as insufficient of itself for such actings. Such a favour may proceed from a Condescension upon the account of a more popular Acceptance: that our hands may be fastened more firmly in obedience to those Laws and Commands in the forming whereof they have been assistant. Take it answered in His Majesty's own words, Declar. of 26. Dec. 1662. to concur with us in making some such Act as may enable us to exercise with a more universal satisfaction that Power of DISPENSING which we conceive to be INHERENT in us, or as also it is by the  Learned Judge Hobart expressed. These Statutes and the like were made (saith he) to put things in ordinary form, and to ease the Sovereign of labour; but not to derogate from his Power.  
Answ. 2 Powers sufficient in themselves may join, and in such conjunction remain entire as Powers Cumulative, and not Privative, as is evident from what is said in the Statute of 31ᵒ H. 8. cap. 10. The King's most Excellent Majesty, though it appertained to his Prerogative Royal to give Honour as shall seem to his Wisdom, he is nevertheless pleased and contented for an Order to be had, etc. by this High Court of Parliament, that it shall be enacted by the Authority of the same, self-distinct from that capacity wherein he stands in conjunction with his Subjects as their Head; in that respect being in a higher Region above, and in a greater distance from those Interests, upon the account whereof his Subjects are many times divided, and Public Edicts become form according to the prevalency of a greater Party, to the prejudice of others which are his Loyal Subjects. Also by Wisdom and Prudence there is a balance by which the Tranquillity of a Nation is happily preserved, and one Party not overborn by the other, having this Power to Mitigate and Dispense (as hath been discoursed) with what in his Wisdom with Advice of his Council shall seem equal.  
Quest. 3 But hath not the King's Prerogative been limited in our Laws? are there not some things which he cannot dispense with, no not with a non obstante?  
Answ. I grant it; and in several Cases, 1. He may by special words in the Statute bind up himself from making any use of his Prerogative. 2. In what is malum in se in respect of Impiety or unrighteousness. 3. When such Dispensations are destructive to the great ends of a Commonwealth, common Justice, the Proprieties of men, etc.  
1. To the first, His Majesty or any of his Predecessors, hath not at any time in any Statute or Law that concerns these Ecclesiastical Matters by any such special words bound up himself; but rather the contrary, as in those two Acts wherein more especially our affair lieth; that of Uniformity, where that Dispensation with that Statute granted to Strangers by sole Prerogative-Authority, is justified. In the Act. 22ᵒ Car. 2. by the Proviso there inserted, the Parliament seems to induce His Majesty's assent in the recognising his Prerogative so expressly in that Act, as if they spoke thus, Tho this Act be very severe, yet if it be found prejudicial, or not to attain the end for which we judge such severity to be requisite, It is an Ecclesiastical Affair, and your Majesty may when you please disperse or exempt Persons from it, for we intent not to abridge your Royal Prerogative.  
2. There is nothing transacted in these Affairs by the Civil Magistrate and as depending on his Authority, but such Matters as in the sense of our Law are things materially indifferent, and therefore not mala in se: they do not bind the Conscience of the Subject in the nature of them considered in themselves [Queen Eliz. Advertisements 1569. Preface.] The keeping or omitting of a Ceremony in itself is but a small thing, yet the wilful and contemptuous transgression and breaking a Common Order, etc. [of Ceremonies why some are, etc.] So that these Precepts concerning Ecclesiastical Matters oblige not in their own Nature, as what is either bonum or malum, but as Prohibited or Commanded.  
3. Civil Rights and Claims and Temporal things only are the immediate and intrinsic concern and interest of all Commonwealths. Dominium non fundatur in gratiâ If the just Claim of a Prince may not be interrupted upon the account he is of this or that Religion and Persuasion, nor may a Subject be justly Banished, Imprisoned, Confiscated, or ruined upon the mere account of Religion, or because his Conscience is not cast into the same mould with the Prince or present Establishment. It is Popery to deny Allegiance to Prince, or Protection to a Subject, upon the account of any such difference.  
Quest. Religion and the Worship of God being the great Concern of a Nation, is not then to dispense with the Penalties in Ecclesiastical Laws, too great a trust to be reposed in any one hand?  
In Answer, I shall endeavour something to unfold, 1. In what sense Religion is the Concern of a Nation. 2. The Nature of this Trust. 1. How much Religion, etc. The moment and weight of a Matter in our Deliberation hath its proportion either as under an absolute or respective Consideration; Wisdom is better than Riches in it self absolutely, but not in respect to the support of present life; The knowledge of God and Divine things, is better than to know the virtue of Drugs and Plants; but not so in respect to the study of Physic. So Religion and the Worship of God is the chiefest and better part in itself considered, but in its respective Considerations as to the faculty of a particular Person, to Community of men for the advance of Civil Affairs, there are other qualifications and inducements of greater Consequence, and more directly and immediately tending to the being or well-being thereof.  
That there be no mistake in this great Concernment, I further distinguish; There cometh under the Notion of Religion the Holiness and Righteousness that is of the Moral Law, Principles whereof are in all men's natures, and attended in their actings by a natural Conscience. 2. Gospel Duties directed and ordered by a supernatural light, no footsteps or Principles whereof are found in us. For the former, Religion in that first sense, as the Knowledge of God, Conscience of an Oath, Justice and Righteousness in our deal, etc. are such things wherein the well-being of Kingdoms and Commonwealth is much concerned. But Religion as it stands in exerting supernatural Principles, and in Duties termed the Commands of Christ (as the other the Commands of God, Jo. 15.) such as Faith, Repentance, Sacraments, Discipline, and the like Gospel-Ordinances: In the Duties under these Heads considered, and as distinct from Moral Duties, there is little or nothing directly and immediately contributed by them to men's Civil interests, further than where these supernatural Virtues are planted in men's Minds, the Moral Duties of Piety and Honesty do more plentifully abound and are in exercise. As those Morals do more immediately concern the Commonwealth, so the Laws thereof are principally drawn forth out of them, especially Second-table Duties forming and moulding them into municipal Laws under Penalties and encouragements greater or less; as in the Wisdom of a State is judged most conducing to the welfare thereof. For these Gospel-Mysteries 'tis otherwise, for as they contribute not to us in our Civil Government otherwise than as ; so is there little contributed by the Wisdom or Authority of any State, advantageous to the Gospel, but Protection or being a defence upon the Glory.  
Bishop Bilson states it well; Princes (saith he) command that which Chaste the Sovereign Lord and Head of the Church commands; which is all the Power we give to Princes. [Supremacy, pag. 227.] And in the Page before, By Governors in Ecclesiastical Matters, we do not mean Moderators, Prescribers, etc. but Magistrates bearing the Sword to permit and defend that which Christ himself first ordained and appointed; but to return.  
If Adam had stood, all Commonwealths had been prosperous and flourishing, and yet no Christ, no Faith, Repentance, nor any Gospel-Worship known or practised; and since the fall, you have had well-governed Kingdoms and States among Turks, Heathens that never received Christ or Gospel-Worship. It is with States as it is with particular persons in Commerce; another man's Estate, or Trade, or Credit, or any other Civil concern with whom I have to do, is not prejudiced or bettered by omission or practice of what is a mere Gospel-Duty. If a man I deal with be unjust, lie, steal, etc. my worldly interest is prejudiced hereby; but whether he repent for this, or exercise Faith on Christ for forgiveness, and humble himself, I am neither gainer nor loser in my Civil concern.  
Now it is Gospel-Worship and Gospel-Religion we profess in this Nation. If then the Duties themselves performed are of no greater onsequence in respect to Persons with whom we converse, or the Civil State where we live; the Modes, Forms and Ceremonies of such Worship cannot be of such moment or trust in the manage of them. And let me add, much less can there be any such special advantage or detriment to our State-Concernments in this or that particular external form of Worship or Government, that one should be retained by us with so much Zeal and Contention, and from an alteration whereof we should be so much deterred; which evidently appears in this: how prosperous and flourishing hath this Nation been in their Civil concerns under Episcopacy, Set Liturgies, Ceremonies, etc. and as great Prosperity in other Christian States where these have altogether been disallowed.  
Nor is this any dishonour to the Gospel, more than to the Kingdom of Christ, when it was said not to be of this World, or to his Person or Officers that they contribute no more to the settling of Civil Rights and Interests, Luke 12.13. or to Gospel-Weapons which being Spiritual, and not Carnal, have no edge to cut off men's Liberties, Estates or Lives.  
2. The Nature of this Trust.  
The Laws and Institutes by which these Ecclesiastical Matters are to be managed, are appointed and established for substance by the Wisdom and Authority of that one Lawgiver Christ Jesus. The Application of these Laws, in respect of Circumstances for the well and comfortable enjoying Gospel Ordinances is all that any Humane Wisdom hath to do in them, the trust whereof may be placed in the hand of a Wife and Prudent Prince.  
Again there is Liberty of an after-Judgement to be made by him, that is to practise in whatever is in the concerns of Religion commanded by men; Thence such Laws require not such simple and peremptory obedience if conformable to those rules required in the Word. Obedience thereunto is with respect unto God as well as Man: if otherwise that then ought to be left to the Subject, which the Apostles claimed Acts 5.29. Now although Matters of Religion and the Concernment of it be great things considered in itself, and accordingly is the trust, yet what of it falleth under the hand of a Civil Power, is neither in itself nor in its trust so great.  
Because the greatness of this trust sticks generally in men's minds, especially when in the disposal thereof it depends upon the will of one man, to remove this or the like stumbling block, we will suppose failings in the management of the trust, as great as rationally can be imagined. 1. Suppose his Majesty should refuse either by himself or Parliament to enjoin any thing of Ceremony or Circumstance about these Externals, in the Worship and Service of God. Or, 2. Suppose he should dispense with all Injunctions, and leave the People of God to a full Liberty in the observance of them, and call these high defects and failings in Conduct and Government; yet the Premises last mentioned being considered, there can be no great prejudice to the Commonwealth or Civil Affairs thereby. Distinctly we shall weigh both of them. 1. For the Former; If the keeping or omitting of a Ceremony in itself considered, is but a small thing, as was mentioned before, and of such a nature, as although at first of godly intent and purpose devised, yet at length turned to Vanity and Superstition, and burdening men's Consciences without cause, etc. as we ourselves acknowledge [See Preface to the Common-Prayer Book] and of the same condition are most of those Impositions which have proved burdensome to the Nation a long time; I say if so, the not imposing of these things cannot be prejudicial to Church or State. Not to the Church. If these directions for Gospel-worship in the external Circumstances of it, were not reduced into Canons and Injunctions, but left where they are to be taken up in practice according to the light of the Age, as are Gospel-Duties of greater consequence; Those Scriptures by which States profess themselves to be guided in forming these Ecclesiastical Laws are entrusted also in the hands of the Gospel-Ministers, for their conduct and direction in ordering Gospel Affairs; who have gifts and assistances from it in such a measure and degree as cannot be expected in the ablest Statesman, as such. And the Ecclesiastical Laws are never so well ordered by Civil Powers, as when they consult with, and take advice and directions from the Ministers of the Gospel about them. To advise new Rites and Ceremonies (saith Bishop Bilson) is not the Prince's Vocation, but to receive and allow such as the Scriptures commend, and as the Bishops and Pastors of the place shall advise [of Suprem. p. 226]  
2. If there were no such severe Injunctions about the Forms and Modes of Gospel-Worship. (I speak not of such Duties of Religion in which men's natures are principled) 1. The Nation would not hereby suffer in respect of its Civil concerns; but the Wealth and Trade would be much more prosperous, the things being small in themselves, and do become great only upon the account of their being enjoined, and the greatness of Penalties annexed, being of great Concernment to the State; that is, to the great prejudice thereof, as hath been apparent in many years sad Experience. What is it of moment to the Commonwealth, for the quickening of Trade, keeping up of Rents, etc. or any particular man's concern as Civil, that men kneel, or not at the Sacrament, Crossing or not Crossing in Baptism?  
2. For the other, as dispensing with all Penalties annexed to Ecclesiastical Laws; where these Penalties are removed, yet these Laws remain as Counsels and Advertisements, and being consulted by the learned Clergy in their Synods, and commended, are useful in the Administration of Worship. This is as much as ever was done by the Apostles, when Churches were in their greatest Purity, who endeavoured not so much to establish an external Uniformity, as to preserve Christian Liberty.  
If it be said, they had then no Christian Magistrates, We say the Kingdom of Christ must come into a Nation before it be Christian; and if it be so defective in its first address for want of such Magistrate, and of the means we put so great an esteem upon for the reducing a People, how will the People ever become Christian? And on the other side, if the Gospel hath a sufficiency in itself without borrowing, to subdue a Pagan Nation to Christianity, much easier it is being such to preserve them orderly and regular Christians.  
Paul having instructed and counselled, left his People free, and to act by the Persuasion of their own hearts, Rom. 14.5. One man esteemeth one day above another, another man esteemeth every day alike, let every man be persuaded in his own mind. That was but a Council or Advertisement in the Act for Conformity in 18 Eliz. given to the Arch-Bishops, Bishops, and other Ordinaries, that they would endeavour to perform their Duties in execution of the Act; it was indeed very solemn coming from the Queen's Majesty, The Lords Temporal, and all the Commons in the Present Parliament, and in God's Name, and as they will answer before God, for such Evils and Plagues as may be Punishments for the neglect hereof. There hath been no want of obedience hereunto by the Bishops being fully persuaded in their hearts thereof, as their Duty, of which if they had not been so persuaded, the severest Penalties would or ought to have been in vain. King James orders throughout the Kingdom, that the Afternoons Exercise each Lord's-Day be spent in examining Children in their Catechism instead of Preaching, this is only commended as the most convenient and laudable way in teaching of the Church of England, and that such Preachers be most encouraged, and approved of; and how readily was this immediately practised throughout the Nation, and is continued in many places unto this day? In the Establishment of Uniformity, 2ᵒ Edw. 6. a Liberty was left in respect to Ceremonies to practise or omit them according as men were persuaded in their hearts.  
By the Synod held 1640. some Rites and Ceremonies there mentioned were hearty commended by them to the serious Consideration of all good People as an ancient and laudable Custom of the Primitive Church in the purest times, and notwithstanding all this extolling those Rites (which indeed was as much as can be said for any of our Ceremonies) the Cannon concludes thus, in the practice or omission of this Rite, we desire that the Rule of Charity prescribed by the Apostle may be observed, which is that they who use the Liberty, despise not them which use it not, and they who use it not, condemn not those that use it. Canon 7. 1640. And this their Council and Commending hath not been in vain, but received and submitted unto throughout, by those who were so persuaded of these Rites as they have commended them. And so would it have been in respect of other the Rites of our Church. And the free submission in practice of a Rite, though but from a fewer number of Grave and Pious Persons, would have advanced the esteem of such Ceremonies in the Opinions of others, much more than the forced submission of greater multitudes.  
2. As a further Answer, let us consider the Nature of the Crime with respect to the Penalties; the Crime as expressed in our Laws is a wilful and obstinate or contemptuous omission as in 19 Eliz. c. 2ᵒ. in the Act for Uniformity, where these words wilful and obstinate, I would think are not descriptive, and to be understood reduplicative as an aggravation, and as if all omissions must of necessity proceed from wilfulness and obstinacy; but distinctive, and to be understood Specificative, some omissions being from wilfulness and contempt, but there may be omissions that are not so; and being not so full under the Penalties, as killing a man, and wilful Murder, etc.  
That the words of that Act 1ᵒ Eliz. and other Ecclesiastical Edicts would so be understood, there are these Reasons: 1. We would not suppose this Law, to be grounded on so hurtful a Principle, as this, that where a difference of Persuasion in relation to a difficult case of Conscience doth arise, that one Party is always wilful and obstinate. There is not a greater uncharitableness, and more opposite to that Christian love and Peace we ought to endeavour after.  
2. It was not so judged by our Governors in that Age when this Act of Uniformity (o Eliz.) was established, but a more charitable interpretation of men's scrupling obedience, as is evident from the relief given to such by Queen Elizabeth, who by the Advice of her Council put forth a Book of Articles to be enquired of at the Visitation, and Presentations to be made accordingly: and of 56 in Number; there was not among them one about such Rites and Ceremonies then established, that were offensive, of purpose as some judge to abate the rigour of that Act, and other Injunctions, which shown they were not all wilful and obstinate that could not conform. Some merciful Bishops after this Example framed their Articles of Enquiry with more Moderation, and divers Ministers not fully conforming, enjoyed their ministry under them; The more severe Clergy observing the Liberty enjoyed more in some Dioceses than others, made this Provision in the Synod 1640. Can. 9 that for the better settling Uniformity, there should be but one Book of Visatory Articles, that the more moderate and indulgent Bishops might not have the forming their own Articles. The moderate Bishops themselves did not judge that all Nonconformity was to be punished as from wilfulness; nor would those many Dispensations and Exemptions  be granted by our Governors, if they had judged those who came not up to the Establishment, disobeyed out of obstinacy and contempt; nor suffer some of them as Queen Elizabeth did to Preach before her in her Chapel.  
3. That all Ecclesiastical Transgressions, even in Matters that are little in themselves, are from wilfulness and obstinacy (which this Act supposeth it so interpreted) is a Maxim in Discipline neither Christ nor Christian Churches were ever acquainted with. Christ in his Ecclesiastical Proceed against Sinners, distinguisheth between the Sin in itself considered, and as a Sin wilfully and obstinately committed, and hath appointed means for the discovery hereof; and if the Sin be of infirmity a different proceed, and a more tender dealing is appointed, Gal. 6, 7. and not to apply Censures and cuttings off; but upon obstinacy only. We are willing to believe such is (I am sure aught to be) the Method of our Process in these Matters, and what appertains to the Worship and Service of God, professing so frequently as we have done, that we take the word for our guide in establishing these Ecclesiastical Laws.  
4. Our Lawgivers judge the purest Churches those of the Primitive times, were voluntary Congregations of Believers (as we said before out of Judge Hobart) submitting themselves to Pastors, as God should move them, no Patrons then imposing upon them; now there is no voluntary Act to which we are moved, but such motion is upon the account of something that is real or appearing good. There is no rational man can voluntarily join and become a Member of a Society or Congregation in such condition within his participation, which is probable to be more productive of Evil than of Good; It will be so with us if this Act be interpreted Reduplicatiuè; that is, whosoever omits a Ceremony doth it obstinately, and shall suffer as such an one. I join voluntarily in hopes to be edified in knowledge and real tenderness of Conscience, and where such attainments are there is a greater aptness to scruple obedience to some one thing or another enjoined, which if we are ruined and undone first or last (so severe are the Penalties in the Process of them) whether Ministers or private Christians, it will not be with a man (as the Apostle saith, If he will departed let him departed) to lose the Privilege upon the account whereof we joined, but must abide upon the place and look on while all be destroyed: what rational man upon Election and voluntarily will become one in such a Congregation? and this is the real and justifyable ground of the Separation, upon the account whereof many thousands of sober and peaceable Persons have departed not only from our Communion, but their native Country, for the advantage of that purer and Primitive Order of voluntary and free Congregations.  
5. In the Statute of (1 Eliz) it is not simply refusing or not using the forms there enjoined, but the doing it wilfully or obstinately, as was said, for that the keeping or omitting a Ceremony in itself considered is but a small thing as mentioned before, but when Commanded, etc. I grant Matters very small being made the Subject of a Penal Law, or being enjoined for State-ends, may thereby become great; the smaller the matter is in itself, in such a Case, the greater is the wilfulness in transgressing, and so may justly demerit a great Punishment. But yet a Matter being small in itself, and as it stands, the Subject of a Political or Civil Law, the same when it becomes the Matter of an Ecclesiastical Law ought not to be form with respect to State ends, or in ordine ad temporalia, though it be a small Matter in itself, and as a thing merely Natural or Moral may notwithstanding be very great upon that account, and greater to the Person who scruples the lawfulness of it, than the greatest Penalty that can be incurred by refusal. For there is no Circumstance or Ceremony that hath a constant Station and Place in the Worship of God for any spiritual and designed end (as ours are) but in their relation thereunto are great, whatever they are in themselves. These Laws therefore being Ecclesiastical, wherein God and men's Consciences are so immediately interested; the not conforming to them cannot be supposed a true measure to judge of men's wilfulness or obstinacy: it would be a great reflection upon the Prudence (or the Charity at least) of our Laws and Injunctions so to interpret them.  
If the greatness of the Penalty be laid not upon the Crime materially considered, but in respect of that evil frame wherein we transgress, God only is the Searcher of Hearts; and although by Overtures and Circumstances something may be discovered this way by men, yet it is with great difficulty and uncertainty, especially when we transgress by omission. The reason is, in Positive acts done by a man, all the faculties of the Soul are concerned and exert themselves together at the same time; and in the Circumstances of such acting, there remain such overtures of such a frame of mind, as a more permanent and exact counterpart thereof. Omissions there are oftentimes, when the Soul stands as it were, but half bend; the understanding is not clear, the will undetermined. In an omission there is nothing of the man left on Record distinctly to be read and considered of by us; so that we can scarcely so much as guests from what Principles within an omission doth proceed, and the uncertainty is far the greater when it is notoriously known such omissions may be from a good intention as well as bad. To be able so far to dive into men's hearts, as distinctly to discover intentions is a work more suitable to the Word of God (Heb. 4.12.) then the Laws of Men; we would not therefore interpret these Laws in such a sense as to render all omissions to be upon Principles of wilfulness and obstinacy. It would be more charitable, where so little evidence can be produced, rather to judge the contrary of our Brethren and fellow Subjects.  
6. This Act of Uniformity, not (we hope) in the intention of it, but in such an Interpretation, hath been the Argument of all our Sufferings. If therefore that be not the true meaning of the Act intimated in His Majesty's gracious Declaration, namely, That upon what Principles soever men submit not unto it (though from tenderness of Conscience in the greatest Evidence) yet thereupon to be punished with the loss of their Spiritual Promotions; but if it appears from Obstinacy and Sedition, that such only should suffer so deeply the addition of further Pains and Penalties as in that Act inserted, is just and equal: If this yet be not the meaning of the Act, as it seems by constant Proceed against Transgressor's of it (for what man was ever relieved in any Court Ecclesiastical or Civil upon such a Plea, He omitted not such Ceremonies wilfully, but of Conscience;) I say therefore, if that be not the sense of the Act, yet upon those Considerations but now mentioned, there is evidence sufficient, that this gracious Dispensation of His Majesty of such redundant Penalties (and of such a nature are all the Penalties we are exempted from in that Declaration) is to be judged of as most necessary, just, prudent and charitable.  
His Majesty was persuaded that many multitudes (it's his Expression in Declaration of Decem. 26. 1662.) suffered, being ensnared in their Consciences, and not from wilfulness; and his charitable Opinion seems to be most rationally grounded upon an Observation of his own. It is evident (saith His Majesty) by the sad Experience of 12 years, there is very little fruit of all those forceable courses.  
The will is a more unsteady Principle, and more easily wrought to a change upon representation of Good or Evil: But Conscience is more fixed and incorrigible; it not being in our own Power to alter the dictates thereof. As to be changed from our Natural State was not in our Power, no more is the change of our Persuasions in Matters of Duty, Conscience being engaged, Phil. 3.15. but God alone doth it. His Majesty therefore wisely judged it would be less injustice, and better for the Commonwealth, that all such Penalties be removed and suspended, when the Executions of them have been so constantly misapplyed, and so much to the prejudice and disquiet of his good Subjects. It is Righteousness (and not Ceremonies) which establisheth a Nation.  
Quest. If the Penalties of Ecclesiastical Laws be removed, these Laws themselves become impracticable. And when Men are left to Worship in what Forms they please, will not that Ancient Establishment of our uniform Worship and Government to be the same throughout this Kingdom, be utterly destroyed?  
Answ. For that we term Uniformity in the Worship and Service of God, we find no other in the Apostles Churches, but what arose from inward Principles freely and naturally; these Principles being in the same, as where there is the same Seed there will be the same Blade, Stalk, Leaf, Flower; and there is an Uniformity from external Impressions, as in a Mould or Seal. These are constrained and forced; the former is from the Lord, a work of his Power, and there is beauty in it, Psal. 10. The latter is from Princes and States, wrought by the Power of their Laws and Penalties, and may have much hypocrisy, but little amiableness. The basest metal as well as pure Gold will conform to the mould into which it is cast. Such a Conformity is no safe Character to distinguish who is fit, and who is not for Ministry or Membership; but the other is of great use in the Churches of Christ.  
As the wicked, who are a seed of evil doers, are uniform in their Practice, being acted from the same inward Principles, (Eph. 4.17.) so the People of God being baptised into one Spirit, (1 Cor. 12.) they live in this Spirit, and walk in this Spirit, (Gal. 5.25) and as in other Duties of Piety and Justice; so in Church Administrations, where People are in the same mind and Principle, they will all speak the same thing, although not the same words, in Preaching and Praying, and Officiating in the Service and Worship of God, though there be no external Prescripts or force of Humane Laws to bring men to an exact conscientious Uniformity in the Externals of Worship and Ceremonies. Where there are various apprehensions, this is not to be effected by external force, molesting men in their Liberties and Estates, judging or censuring, or indeed by any Humane Power. God himself that can do it, and establish men in such an Uniformity, yet for ends suitable to his Wisdom leaves them various in their actings in this kind; one man observing a day, or the like Ceremonies, another observes it not; but mostly standing upon Sincerity in those that doing or leaving it undone, to the Lord, that is, out of Conscience; and this is the Apostolical Doctrine in Rom. 14.5.  
That which we term Uniformity, an exact Identity in words, gestures, and vestments, Nature seems to teach us an example of a Sinless neglect of. Tho there be a Conformity in every Vine, and every Figtree, and the like works of Nature, one to another in their kind; yet for the modes and outward form and shape, you have not two of these that are conformable and growable.  
2. Nor can we say, but though all the Penalties (properly such) annexed to Ecclesiastical Laws are removed; yet there will remain Provision sufficient left to keep and preserve men in conformity, and to reduce such (whose Consciences will permit) as are not so. For as His Majesty on the one hand hath been pleased to assure the Orthodox conformable Clergy that they shall receive and enjoy the Revenues belonging to the Church of England (the richest, most plentiful and ample of any Protestant Church in the World) and that no Person (however dispensed with in other things) shall be exempt from paying his Tithes, and other Duties whatsoever; so on the other hand, that no Person shall be capable of holding any Benefice, Living, or Ecclesiastical Dignity or Preferment of any kind in the Kingdom of England, who is not exactly Conformable. Such Encouragements are also Privative Penalties, and have brought and kept more to Conformity than all the Penalties removed by His Majesty's gracious Declaration.  
When was it known that a Bishop, Dean, or double- beneficed Parson, left his Promotion and became Nonconformist? and that others that have been bred up to literature at great charge, having Gifts and Parts, would be so peevish as to refuse them, and being thereupon forced to divert from the way of a more free Education, to some mean Employment to get a Livelihood, or live upon the Charity of others, (It is the condition of hundreds this day in England:) I say, can we imagine any men having such Encouragements in their eye, and the more  from sense of their present indigency, would keep off but from integrity of heart?  
His Majesty, as a Common Father, hath the same Affections for all his good Subjects; and never more Prudence and Tenderness manifested by any Prince than he hath done by this gracious Declaration. One Party, such as conform, enjoy their Consciences with special advantages in Temporal things. The other, they also enjoy their Consciences with freedom from those severe Proceed; and those are satisfied also. And now let not any man's eye be evil, because His Majesty hath been so good to their Brethren.  
Let me say again, that His Majesty hath in tenderness and Prudence done a great work, and that which hath lain undone to the disturbance of his good Subjects more or less ever since the Reformation; That is, in satisfying or laying a sufficient ground for satisfaction to the two great Parties which divided the Kingdom in Matters appertaining to Religion; that is in the Forms and Ceremonies of Worship. (In the Profession of Faith and Articles of Religion, according to the Establishment 13ᵒ Eliz. there is an Union in the acknowledgement of both Parties.) And this without the least detriment or just prejudice of either Party: those that conform enjoy their Consciences, employ their Talents, and reap the Encouragements of the established Government, without any loss or detriment to those that conform not; and this Party enjoy their Consciences, freedom from Suffering, and a liberty to follow their Callings, without the least damage to the Conformist.  
Quest. Is there any necessity His Majesty should exert a sole Power in Affairs of Religion, when the Peace and Unity of the Nation was herein undertaken by his Parliament, and many things endeavoured that way by them, and purposes, its likely, of a further progress therein?  
Answ. For answer, it will be necessary to insert here briefly a Narrative of some passages of his Majesty and his Parliament in these Proceed. His Majesty observing how Affairs stood here in this Kingdom and the Distractions that were upon men's Minds about Religion and Forms of Worship, and considering there are but two ways supposed ordinarily to reduce a People again to Peace and Unity in Religion. 1. Either by Severity to discourage or extirpate. Or, 2. By Lenity and Indulgence to bear with Dissenters: His Majesty considering those forms and ways of Worship to which Conformity is now required, have not only been much scrupled and contended against by Learned and Sober men from the beginning ever since the first Reformation, but of late utterly disfavoured by a Representative of the Nation, and a Synod of Learned Men: And that different practices in the Service and Worship of God, had been formerly Patronised and encouraged; and such that were no other but what were received and observed in the best reformed Churches abroad, and by the Dutch and French Churches here at home; upon these and the like Considerations, His Majesty chose upon great Deliberation the way of Indulgence, it being also most suitable to his Conscience, and sweetness of his nature.  
This his Resolution he professed to all the World, and engaged himself by Promise to his People, he would endeavour the effecting thereof; which is more than evident in the many Declarations he made hereof, and repeated again upon all occasions. He was pleased in a Declaration from Breda, to assure a Liberty to Tender Consciences; and that no man shall be disquieted or called in question for differences of Opinion in Matters of Religion, which do not disturb the Peace of the Kingdom.  
And in his Speech, July 17. 1660. He professeth that he owes his being here to God's Blessing upon the Intentions and Resolutions he had and expressed in that Declaration. This Declaration His Majesty afterwards terms a Promise solemnly made. This solemn Declaration or Promise is so much upon his Royal heart, that he tells both Houses, (July 8. 1661.) That so oft as he comes to them he mentions his Declaration from Breda, that himself as well as they might mind it. In His Majesty's Declaration of Decemb. 26 1662. He tells us, That he remembered the very words of the Promises made at Breda, concerning Liberty of Conscience, and the Confirmations he hath made of them since upon several occasions; and as all these things are fresh in his Memory, so he is still firm in the resolution of performing them to the full; Feb. 10. 1661. In a Speech to both Houses, One thing more I hold myself obliged to recommend unto you at this present, which is, that you would seriously think on some course to beget a better Union and Composure in the Minds of my Protestant Subjects, in Matters of Religion; whereby they may be induced to submit quietly to the Government, and most faithfully give their assistance to the support of it.  
His Majesty did not only express his purposes for the Ease of tender Consciences, but from time to time endeavoured it: And first of all, By a Declaration of the 25 Octob. 1660. To all his Loving Subjects of England and Wales, concerning Ecclesiastical Affairs, which mentioning that from Breda, DISPENSETH with the use of divers Ceremonies formerly enjoined, that were offensive. March 25. following, he gave Commission to certain learned Divines to meet at the Savoy, and take the Service-Book under Consideration to the same purpose. May 11. 1661. he frees from their Imprisonment such as suffered for Conscience.  
The King and His Parliament happily joined in the same Pious End, Peace and Union; yet differed in their apprehensions of the means to procure it, which was our great unhappiness. The Parliament judged the reducing or rooting out differences by severe Penalties, to be the means of Unity in the Church, as they tell His Majesty in answer to his Declaration; pressing the asserting of the Laws and Religion established according to the Act of Uniformity, as the more probable means to produce a settled Peace and Obedience throughout the Kingdom. The Parliament supposing, (and possibly some of them persuaded thereof from those who never would distinguish between Nonconformity and Sedition) the dissent of Nonconformists from the present Establishment to be rather from a Spirit of Faction and Disloyalty, than tenderness of Conscience, proceeded accordingly. The Act of Uniformity was renewed, and the Service-Book enjoined with no alteration of what was formerly offensive in it, but some Expressions of greater difficulty to be digested by those that were tender; and nothing done yet in what His Majesty had promised in way of relief to tender Consciences.  
Hereupon not only multitudes of faithful Preachers of the Gospel in several Shires in this Kingdom were put from their Employment; but also the Minds of men are much disturbed and filled with hard Thoughts and Jealousies upon this account. Insomuch as His Majesty was enforced to Publish that Declaration of Dec. 26. In which he expresseth the surmises of the People occasioned by this Severity thus: That having made use of such solemn Promises from Breda, and in several Declarations since, of Ease and Liberty to tender Consciences; instead of performing any part of them, we have added straighter Fetters than ever, and new rocks of Scandal to the scrupulous by the Act of Uniformity. To this surmise and jealousy, His Majesty condescends to make a reply thus: As concerning the non-performance of our Promise, we remember well the very words of those from Breda, etc. and the Confirmation we have had of them since, upon several occasions in Parliament, and as all these things are still fresh in our memory, so are we still firm in the resolution of Performing them to the full. But it must not be wondered at since that Parliament to which those Promises were made in relation to an Act, never thought fit to offer us any to that purpose.  
The House of Commons took his Declaration into Consideration, and represented to His Majesty divers Objections against it; and laid it aside, so that nothing was effected thereby to His Majesty's purpose, the Parliament being otherwise minded. And certainly it is not only their Liberty but Duty, to proceed in reforming Abuses, by such means as are in their Persuasion most suitable and likely to be effectual; otherwise they would not be faithful in their trust. So now greater Severities against Nonconformists are provided in several Acts upon occasion: As the Act against Private Meetings, 16 Car. 2. The expelling Ministers five Miles from Burrough Towns, 17 Car. 2. Especially that Act of 22 Car. 2. entitled, An Act to prevent and suppress Seditious Conventicles; and all very high and heavy in the Penalties, expressed both upon Ministers and People; His Majesty notwithstanding condescended to give his Royal Assent to that Bill: It being judged this Severity was taken up by them from good intentions, and as the likeliest means of Peace and Union, as also if it proved not to be so, that they might yet be more fully convinced of the insufficiency of such a way, having had hitherto for some years' experience how little effectual it hath proved.  
Yet this Bill containing nothing for Substance but what was proper to his Ecclesiastical Power, being an ordering the Externals of the Church, and nothing of immediate concern in Civil Affairs in the whole Act, and His Majesty having intentions to take the other course, if this of Severity effected not what was aimed at, a Proviso is inserted in the Act in these words: Provided also, that neither this Act, nor any thing contained therein, shall extend to invalidate or avoid His Majesty's Supremacy in Ecclesiastical Affairs; but that His Majesty, his Heirs and Successors may from time to time, and at all times hereafter exercise and enjoy all Power and Authority in Ecclesiastical Affairs, as fully and amply as himself or any of his Predecessors have or might have done the same; any thing in that Act, etc. notwithstanding.  
As this Act of 22 Car. 2. was very strict and severe in itself, so the execution of it was with much violence and rigour in most parts of the Nation; there being Provision made in it that such as even lose, and indigent Persons may intrude themselves in the promoting thereof with encouragements, not only of their lusts satisfied in persecuting those they so much hate, but their Necessities supplied from large rewards, for the same, having Power given to inform against Justices, Mayors, Constables, and such who are entrusted with the Execution hereof, who are under great Fines and Penalties for omissions limited in this Act, and the Informer to have a moiety hereof himself; insomuch that by the rigorous execution of it Thousands of His Majesty's good Subjects were utterly ruined: Persons industrious and diligent in their Callings driven from their Habitations, their Houses broken open, their Goods imbezziled, the Materials of their Trade, the Tools they wrought with, and the Beds they lay on seized, and our Trade every where decayed, Rents of Lands falling, Poverty coming on like an armed Man, Persons haled from these Meetings for the Worship of God through the open Streets to Prisons, being of the same Faith with us, and so peaceable and unblameable in their Conversation, as that nothing could be objected against them, but in the Matters of their God; nor for any thing upon that account, but their endeavouring to practise as those reformed Churches we ourselves own as such, and hold a brotherly Communion with as the true Churches of Christ.  
The Nation generally being thus distracted and distressed, those in Power going on still to make Laws to afflict and punish; and others engaged quietly to suffer whatsoever they should be exposed to for their Consciences; Matters being at this pass, there was apparent Necessity that some remedy in the case should be seriously and speedily applied; His Majesty considering they are all his Subjects, and how much by such Severity the Interest of his Sovereignty is narrowed; so great a number of his People rendered unworthy of his Countenance and Protection, and upon no other account or crime, but their being of different Persuasion in some Externals of Religion; Persons otherwise wise for Industry, Faithfulness and Loyalty every way qualified to d●… His Majesty and their Country as good Service as any others of His Majesty's Subjects whatever.  
His Majesty also did call to Mind that Prudent caution which his Royal Father left him in these words, Take heed (saith he) that outward Circumstances and Formalities in Religion devour not all or the best encouragements of Learning and Industry, but with an equal Eye and impartial Hand distribute Favours and Rewards to all Men as you find them for their real goodness both in Ability and Fidelity worthy and capable of them: This will be sure to gain you the hearts of the best and most too.  
It was likewise impossible for His Majesty to imagine that so many thousand in his observation, who have suffered so grievous things with such humble submission, should daily thus expose themselves and Families to ruin upon no other or better Principles than a Spirit of obstinacy and stubbornness. Great Sufferings, and by great Multitudes, yet no Tumults, no resisting; whereas in the beginning of the Reformation, what Armies in the North and in the West upon this account, by those of another Persuasion, were raised, although yet they had suffered but little?  
His Majesty (as was said) as a Common Father beareth Affection to all his Subjects; but who of them deserves it, and who not, can nover be discovered by this indiscriminating Severity; that is, who are Dissenters upon Principles of Conscience, and who of them so pretending, are notwithstanding of a Seditious Spirit: These can never be distinguished one from the other, when Dissenters and such as conform not, be it upon what ground soever, are all of them equally branded with the same mark of disloyalty, and so represented to His Majesty, and all the Nation. There is a necessity that this Pretence of Conscience be removed, and Seditious Persons discovered and left to condign Punishment, and others (these stumbling-blocks being removed) may, by their peaceable Obedience to all other His Majesty's Laws, justify and vindicate their Integrity: which can no ways be done while the Righteous are thus condemned with the Wicked, and no relaxing those Laws which shut up all, both Guilty and Innocent, under the same Condemnation.  
His Majesty, who hath had a clear prospect all along of these things, and thence publicly declared his avowed readiness in that Proclamation of 10 July, 1669. and otherwise, to indulge tender Consciences, hath upon these , and the like weighty Considerations, been necessitated to Publish this his Gracious DECLARATION of March 15. 1672. where he hath fully performed his Promise made at Breda, and so often repeated. Thus His Majesty, as a Wife and Prudent Prince, whose Station is fixed in an higher Orb (like the Sun exhaling and consuming, or serving to refresh, and to show the dark Fogs and Mists here beneath) hath by the Light and Liberty, shining forth from his gracious Indulgence, refreshed multitudes of his good Subjects, and delivered them from the dark misapprehensions of others: Nor is this their great relief in any thing prejudicial, either to the Estates or Liberties of men otherwise minded; nor are such men abridged in any of their concerns Spiritual or Temporal hereby. His Majesty hath made sufficient Provision for the satisfying their Consciences, in a careful continuing those Ceremonies and Forms of Worship they have been accustomed to. Let it not be grievous or offensive to them that their Brethren have obtained from His Majesty, in respect to their Consciences, the like favour.  
Quest. Since these Ecclesiastical Laws of Restraint were Enacted by Parliament, the King giving his Royal Assent, had it not been convenient, if His Majesty had so pleased, that the dispensing with these Laws had been by Parliament?  
Answ. 1 The King and Princes of this Realm, His Majesty's Predecessors, did Establish many Things and Orders by Parliament relating to Ecclesiastical Matters; but did yet nevertheless often exercise their own Power in dispensing with the Penalties (at least) of such Laws.  
A constant acting with others in the exerting hereof might (though no Prescription against the King) yet introduce at least into the Minds of Men a kind of Suspicion, especially in the Vulgar, that such Proceed of the Supreme Majesty by his sole Power to be an assuming an Arbitrary Government.  
2. The Parliament did still continue in this their former Opinion and first Judgement; namely, That a way of Severity was the only means to settle Peace and Unity. They had newly passed the Act for Uniformity, without any abatement of what was offensive; by reason whereof arose that general Discontent which before we have mentioned.  
His Majesty being sensible hereof, did by that Declaration of Decemb. 26. move a second time, That an Act might be prepared, etc. not doubting their cheerful co-operation with him, being a Matter wherein he conceived himself so much engaged both in Point of Honour, and in what he oweth to the Peace of his Kingdoms; which we profess, saith he, we can never think secure, whilst there shall be a colour left to the malicious and disaffectionate, to inflame the minds of so many Multitudes upon the score of Conscience, with despair of ever obtaining any effect of our Promise for their Ease. The House returns this Answer, We your Majesty's Loyal Subjects, who are now returned to serve in Parliament, from those several Parts and Places of your Kingdom, for which we were chosen, do humbly offer to your Majesty's great Wisdom, That it is in no sort adviseable, that there be any Indulgence to such Persons, who presume to descent from the Act of Uniformity, and the Religion Established; for these Reasons, etc. whereof this is one, It will in no wise become the graver Wisdom of a Parliament to pass a Law at one Session for Uniformity, and at the next Session (the reason of Uniformity continuing still the same) to Pass another Law to frustrate or weaken the Execution of the former. So that now His Majesty, had no other Remedy; but either, 1. To retreat from that Pious and Seasonable Resolution for Liberty of Conscience expressed in Letters to the Parliament then sitting from Breda, a Resolution so acceptable to them, as the whole House, Nemine Contradicente, by Letters returned Thanks to him, and Blessed the Name of the Lord, who put such reconciling thoughts into the heart of the King. And he himself likewise owned an especial Blessing from God upon his Affairs, after he had expressed that intention.  
2. Of break that Promise he solemnly made, assuring this Liberty, and had professed to the world upon this occasion in his Speech, May 8. 1661. That he valued himself much upon keeping his Word, and whatsoever he promised to his Subjects, and that no man can be his Friend and wish him well, who would persuade him to consent to the breach of that solemn Promise.  
3. Or leave the Nation under greater Distractions and Sufferings about Religion than he found it: And that upon 12 years' Experience of other means, which extended rather to increase the Distempers.  
These dishonourable things, I say, His Majesty must have suffered and undergone, or make use of that Power GOD and the NATION have entrusted him withal, though not with Concurrence of Parliament so much and so often desired by him, even so oft as he came to them: as he tells them in his Speech, July 8. 1661. yet nothing at any time was done to his Satisfaction in Liberty of Conscience by the Houses, being obliged in their Judgements to proceed in the other way.   

CHAP. V Of former Examples for Indulgences.  
HIS Majesty's- Gracious Declaration contains not a greater Indulgence, although it be extended to a greater number of Persons, than what was granted by His Majesty's Predecessors (which before we have mentioned) to the French and Dutch Congregations.  
1. There was an uniform order of Church Government and Divine Service, to which not only His majesty's Subjects, but all the Inhabitants in His Majesty's Dominions were to conform, and no man to absent himself. And were enjoined not to hear or be present at any other Forms of Prayers and Administration of Sacraments, than what is in that Book prescribed, under Penalties of Ecclesiastical Censures, Fines to the King, Poor of the Parish, etc.  
2. The Dispensation and Exemption was by the SOLE Authority of the Sovereign, and stands thus; A Liberty to Separate and Absent themselves from the Parish Assemblies, and to gather themselves into distinct particular Churches or Congregations, to choose and ordain their own Ministers; also to establish such a Church-Government or Discipline, and Form of Worship and Divine Service as they amongst themselves judged to be most conformable to the Scriptures; Established by His Majesty's Patent, as a Corporation within itself, and independent upon any Superior Jurisd ction Spiritual but His Majesty; all Bishops, Mayors, Sheriffs, etc. to protect them, and suffer them quietly to enjoy and exercise these Liberties, with a NON OBSTANTE.  
3. The Grounds and Considerations upon which such Liberty and Exemptions were granted, were these,  

1. The Care of Religion that ought to be in all Christian Princes, and to be showed forth especially in the relief and encouragement of those that are of the same Religion, in their Sufferings for Conscience of their Duty towards God.  
2. Persons of the same Religion with us, and Sacraments administered by them according to the Word of God and Practice of the Apostles, aught to be tolerated in their way of Worshipping of God, though they differ from us in Ceremonies and Discipline.  
3. The Kindness we found in other Protestant Countries, when we were forced to leave our Native Soil for preserving our Consciences.  
4. There were also great Advantages in Matters of Trade from their Skill-and Industry, to the great benefit of this Nation and prejudice of their own. Lord Herbert, Hist. H. 8.   
The Premises considered, we further say,  
1. His Majesty's Protestant Subjects to whom the gracious Indulgence is extended, are generally of the same Religion with others of his Subjects, and the present Establishment, in respect to Matters of Faith and Worship; in external Forms and Ceremonies they are not more differing from the Church of England, than those Congregations to whom the same Indulgence hath been granted by His Majesty and his Predecessors, and is still enjoyed.  
And when these Strangers had removed their Families, and come among us, had not this gracious Indulgence been granted and continued to them, their Consciences would have engaged them to departed hence, and seek Habitations where the like Liberty might be obtained. And this also is our Condition, Many Hundreds of His Majesty's Subjects with their Families have left their Native Country, and disposed themselves into other Parts of the World upon the same account.  
2. If it be so grateful a Charity, and deserving so solemn an Acknowledgement, the kind Entertainment our Subjects have found in other Parts, when not suffered to live in their own Land upon the account of Conscience, doubtless it's a greater Charity to be so indulgent to our own, as not by Severity to enforce them for Conscience to become Strangers in other Countries.  
And for Matters of Trade, the Advantages have been great by encouraging those Strangers. But the Disadvantages in the same kind far greater, from Severity, by which Native Subjects have been so greatly discouraged, and not only those hands hang down that were most industrious in upholding the Staple Trade of the Nation, but by reason Artificers removed into other Parts for their Consciences, the mysteries of our chiefest Manufactures have been made common, and others therein equalled, if not exceeded us. A great sense hereof His Majesty hath expressed in his Gracious Declaration.  
Obj. It is said these be Strangers, Objects of Charity, being driven out of their own Country, understood not our Language, they were educated and accustomed to other Forms of Discipline and Worship, in the exercise whereof their Consciences had of a long time testified to them.  
Answ. 1 It's true, the first grant of this Liberty was to such, but in process of time these Churches were increased and spread into divers Parts of the Nation, and this Grant being confirmed by Queen Elizabeth, King James, and King Charles the First. English born, and born Subjects of this Realm, they had fully the same Liberty granted them as formerly, insomuch as the Persons now enjoying these Privileges, are his Majesty's Native Subjects.  
2. The greatest number of His Majesty's Protestant Subjects that have benefit by this present Indulgence, have (since they had understanding) been trained up in and acquainted with no other Forms of Discipline and Worship then what was found among us at His Majesty's return, the other formerly established having been for many years totally disused. King James himself being educated under other Forms when he came into England, scrupled many things in our Liturgy and Rubrics. Conf. at Hampton-Court.  
Finally, it is more than a Century of years wherein these Dutch and French Churches have enjoyed this Indulgence, and there hath been much quiet and peace among themselves, following their Callings without Disturbance, neighbourly and friendly converse with those that are of different Persuasion in Matters of Religion, no troublesome Dispute or Reasonings about the same, no Judging or Despising others▪: Experience we have found hereof beyond denial, in London, Norwich, Canterbury, etc. where diversity of Practices in the Forms of Religion and Worship are constantly held forth in the view of all men, for so many years. And why should not we expect the like peaceable and inoffensive converse mutually between those that enjoy now the like Liberty from this Gracious Declaration, and others of our Brethren, whose practice is otherwise.  
And the Lord who hath put this in the King's heart, put it also in the hearts of our Senators to be like minded with him. And as His Majesty hath condescended to them in their way for the space of these Twelve years (as he tells them,) so it is to be desired that they, if it may stand with their great Prudence, would concur with him but half so long in the way himself hath chosen for the Peace and Union of his Subjects in Matters of Religious Worship; or at least, until there be the like evident Experiments of the ineffectualness of it.   
THE END.