Whitehall 18th. day of February 1687/8. Let this be Printed, Sunderland P. A DISCOURSE OF Penal Laws IN MATTER OF RELIGION: Endeavouring to prove that there is no Necessity of Inflicting or Continuing Them. First delivered in a SERMON On these Words, Ye know not what manner of Spirit ye are of: OCCASIONED BY His Majesties late Gracious Declaration FOR Liberty of Conscience, And now humbly Offered to the Consideration of the Public. By James Paston A. M. Rector of Little-Livermere in Suffolk, and Chaplain to the Right Honourable Sir Robert Wright Lord Chief Justice of England. With Allowance. London, Printed for the Author, Anno Domini 1688. A DISCOURSE OF Penal Laws IN MATTER OF RELIGION. Luke 9.55. Ye know not what manner of Spirit ye are of. OUR Blessed Saviour being to pass through some Villages of Samaria, as he was going to Jerusalem, he sends two of his Disciples to prepare his Way: But the Samaritans understanding that he was bound for Jerusalem, (a place which they envied and hated) rudely refuse to give him Entertainment. The two Disciples therefore, being provoked by this bold Affront, offered to the Son of God, their beloved Master; and knowing withal how great Power he had in Heaven, and remembering what was recorded of Elias; 2 Kings 1.10. (a much Inferior Prophet) That he had called down Fire from thence to consume the Captains and their Fifties, who were sent to Apprehend him: They, in the Transport of their Zeal, desired the like Revenge upon these Inhospitable Samaritans; and asked this great Prophet, Lord wilt thou, that we command down Fire from Heaven, and consume them as did Elias? But he turned, and rebuked them, and said, Ye know not what manner of Spirit ye are of. The word Spirit here signifies an Oeconomy, or an Order, or a Temper, or Disposition. So that when our Saviour tells them, They know not what manner of Spirit they are of; he means, they knew not, or consider not the Oeconomy or Order of the Gospel: They consider not what Temper and Disposition that requires in its Professors and Propagators. And so we may see the rebuke of our Saviour, in these Words to this Disciples, will afford us these several Observations. 1. How apt even good Men are to be Impatient, when they meet with Opposition. 2. That it is a Fault to be so Impatient. 3. That the Spirit of the Law is different from that of the Gospel. 4. That Men are apt to forget, or not to regard what manner of Spirit they are of. 1. We may observe, how apt even good Men are to be Impatient, when they meet with Oppsition. We see it in the Disciples: Men so good, that they had forsaken all to follow Christ, even whilst he was looked upon by the Chief-Priests, and Scribes, and Pharises, by the Herodians, and by the generality of the People to be an Impostor, and an Enemy to the established Government: They followed him, when he had not where to lay his Head: They had been under his immediate Divine Tuition for several years; for it was now, when he was going to Jerusalem to be Crucify'd; they had seen the Holy Examples of his Life, they had heard his Doctrines, of Humility, of Meekness, of Charity, of Long-Suffering and Forbearance; these Doctrines they had been taught from his own Mouth: And yet these good Men, who had been so advantageously Taught, by the best of Examples, and best of Preachers, grow so Impatient, when they meet with Opposition, that no less than Fire from Heaven will suffice to Revenge them upon their Opposers: The Opposition indeed which they meet with is bold and daring, Opposition to the Son of God But yet we see. 2. Their Impatience, though it was upon this account, was a Fault; otherwise they had not been rebuked for it by our Saviour. The Samaritans were guilty of a high provoking Sin, in refusing to give Reception to the Son of God, who came to Save them from eternal Ruin, and unspeakable Misery; in refusing to give Entertainment to him in his Journey, when he was going to perform this great and Merciful work; this sure was a Sin: And yet Christ rebukes his Disciples for being so hasty, in calling for Vengeance upon the Sinners. When we think ourselves in the right, and by the Warrant of Christ himself know ourselves to be so; when we are about that very business which Christ has set us; when we meet with Opposition in the performance of it, and thereupon grew Impatient, and desirous of Revenge, we become Guilty of a Fault, which deserves Rebuke. For, 3. From the Words we may observe, that the Spirit of the Law is different from that of the Gospel; and that upon many Accounts. First, Upon the Account of the first Authors and Promulgers of each. Moses indeed, by whom came the Law. Num. 12.3. is said to be the meekest Man upon Earth; yet we find him in his Anger slaying an Egyptian, Exod. 2.12. casting the two Tables out of his Hands and breaking them in Pieces; Num. 32.19 but we Read of no such violent transports of Passion and Zeal in Christ, the prime Author of the Gospel: There appears in him nothing but Meekness and Humility. When he comes into the World, he makes Choice of a poor Virgin to be his Mother, Luke 1. and he disdains not to be called the Carpenter's Son; Mat. 13.55. he is Born in no better place, than a Stable; Luke 2.7. he is laid in no better Cradle than a Manger. When the Angel gives him a Name, Mat. 1.21. it is such a one as signifies Love and Mercy, Jesus a Saviour; when St. John points him out, Joh. 1.29. 'tis under the Name of a Lamb, the meekest of Creatures; and when Almighty foretells of him by his Prophet, he describes him, Isai. 42.2. As one so gentle, that he should not break the bruised Reed, nor quench the smoking Flax. Secondly, Different also in the way of promulging and propagating of each; Exod. 20.18 for the Law was delivered with the Terrors of Thunderings and Lightnings, Exod. 23.31 and the Sword made way for its Professors, by rooting the Enemies of God out the Land of Canaan. Num. 33.52 God Almighty then Styles himself the Lord of Hosts, Deut. 9.3. and appears in Camps and Armies; 1 Sam. 1.3. but the Gospel is delivered without noise: The same Prophet says, Isa. 42.2. concerning its first Institutor, That he shall not Strive, nor Cry, nor lift up, nor cause his Voice to be heard in the Streets. And when he sends forth his Apostles, he tells them, Mat. 10.16. 9.10. It is as Sheep among Woolves; the Meekest Gentlest Creatures among the most Violent and Ravenous; and yet he allows them no other Defence or Support but their Innocence: Neither Gold nor Silver in their Purses, nor Staves in their Hands; they may indeed be as Wise as Serpents, 16. but then they must be also as Harmless as Doves. Thirdly, Different also in the Doctrine of each. The Law teaches an active Valour, Deut. 31.6. to be strong and of good Courage: But the Gospel a Passive; to turn the other Cheek, when one is smitten; and Blessedness we find chief promised to suffering Virtues. To the poor in Spirit, Mat. 5. to those that Mourn, to the Meek, to the Merciful, to those that are Persecuted for Righteousness sake: The Law forbade Actual Killing, but the Gospel even Causeless Anger: The Law allowed Retaliation, Eye for Eye, and Tooth for Tooth; but the Gospel forbids resisting of Evil: The Law commands loving of Neighbours, and hating of Enemies; but the Gospel commands loving of Enemies, to Bless them that Curse us, to do good to them that hate us, and to Pray for them that despitefully Use and Persecute us. Fourthly, Different also were the Behaviours of the Propagators of each towards those that opposed them, and different the Punishments of their Opposers. When Pharaoh withstood Moses, Exod. 7. etc. Miracles of Vengeance are inflicted; his Rod is turned into a stinging Serpent; the Waters of Egypt into Blood; the gainsaying People are infested with Frogs, and Flies, and Locusts, with such Darkness as might be felt; the Dust of the Land is turned into Lice; the are afflicted with Murrain; the People with Boils and Blains, both Man and Beast with Thunder and Hail, and Fire running upon the Ground; all the first born of Egypt are smitten with sudden Death. And Moses' Law more over inflicted Death upon several sorts of Criminals among themselves. The Murderer, Num. 25.16 the Thief, the Breaker of the Sabbath, Deut. 24.7. the Rebellious and Disobedient were to die the Death; Exo. 31.15. and the Priests themselves sometimes were the Executioners of Mortal Vengeance, Deut. 21.21 and sometimes procured it by miraculous Means. Phineas the Son of Eleazar Stabs Corby and the Midianitish Woman; Num. 25.8. the Sons of Levi are commanded by Moses himself to put on every Man his Sword, and to go in and out, from Gate to Gate, throughout the Camp, and to slay every Man his Neighbour; the Prophet mentioned in this Chapter by the Disciples, called down Fire from Heaven, upon the Captains and their Fifties who were sent to apprehend him. These and many other Instances we have in the Old Testament, showing the vindictive Behaviour of the Asserters and Propagators of the Law, towards those who infringed or opposed it. But the Carriage of the meek Lamb of God is quite different: All his Miracles were such as were winning, not terrifying; Miracles of Mercy, not of Vengeance; all performed without noise or Pomp. He feeds the Hungry, gives Sight to the Blind, Hearing to the Deaf, Raises the Dead. Mat. 14.19. 12.22. Mark. 7.35. And when notwithstanding all these wonderful Works of Love, he is led as a Lamb to the Slaughter, Act. 8.32. and as a Sheep before her Shearer is Dumb, he opens not his Mouth, unless it be to put in practice his stupendiously Charitable precept of Praying for his Maliciously Blind Persecutors. Father forgive them, they know not what they do; Luk: 23.34. No Vengeance, no return but of Good for Evil; no Fire from Heaven but that of Love to melt their hard Hearts: No exterior Force, no outward Punishments are made necessary in the Gospel. For the Christian Church was to overcome its Adversaries by meekness, to conquer by patiented Suffering, to silence its Gainsayers by Martyrdom. It is true we find such an Expression as this in a Parable, Compel them to come in: Luk. 14.23. But its force seems to be abated in another, where it is said, Mat. 13.29. Let the Wheat and the Tares grow together till the day of Judgement: In which last Parable Christ Intimates at least, that there is no absolute necessity of rooting up; probably lest some undiscerning rash Hand pluck up the Wheat with the Tares, destroy the good with the bad; and then moreover that Expression, Compel them to come in; Paraphrase upon the place. According to the Learned Dr. Hammond implies not outward Force, but the more gentle compulsion of Love: Which as the Wise man tells us, Cant. 8.6. Is as strong as Death; Compel them to come in, according to the Paraphrast, is importunately Woe them. And the Apostles followed their Master in these ways of Meekness; they propagated his Religion by gentle means, by their own, not by others Suffering; they endured Stripes and Imprisonment, and Death; Act. 5.40. 2 Cor. 11 25 but inflicted none of these Severities upon others, either without or within the Church. Act. 12.2. 7.58. Ananias and Saphira were destroyed by sudden Death, Act. 5.5.10. but it was by the immediate Hand of God Almighty; we read not that this Vengeance was called for, or so much as wished for by the Apostles, whom these Criminals endeavoured to impose upon; the Apostles sure were Infallibly certain that they taught the Truth, Joh. 16.13. Mat 28.22. Luk. 10.16. and yet they endeavoured with all midness to persuade others to embrace it, and with Patience endured the stubborn and unreasonable contradiction of their Opposers. And this gentle course was taken also in succeeding Ages, and the Church grew and flourished by being irregated by the Blood, not of Adversaries, but of its Martyred Children; near three hundred years passed from the death of our Saviour, before there were any Christian Kings or Emperors, and therefore before there was any outward Force. And yet Christianity made out its way, not like Vinegar or Aquafortis, but like Oil it gently spread, and easily insinuated into all Bodies, and all Societies; it conquered without any Sword, but that of the Spirit. There was no rooting out of a Canaanite, no slaying of Old and Young, Infant and Suckling, Sheep and Oxen. And when Christians took up Arms, it was in Defence of their Goverours, and by Temporal Authority, upon which account they often laid down their Lives, but would not otherwise lift up their Hands to defend themselves from their Persecuting Enemies. For, Fifthly, The Law and the Gospel differed in their very Constitution. By the Law the Civil and Ecclesiastical Powers were blended and interwoven together, from the beginning, by God Almighty's own Authority: And Moses and Aaron went Hand in Hand. But the Gospel came into the World without any Temporal Power to support it; all Temporal Governments were against it. Their Lord of Hosts now become the Prince of Peace, and the Lion of the Tribe of Judah, the meek Lamb of God; so great and so manimanifold were Differences between the Law and the Gospel. The Spirit of Christianity is a Spirit of Meekness; the Disposition and Temper of Christians, aught to be Meek, and Humble, and Patient: But according to the iv Next Observation from the Words, men are apt to forget, or not to regard what manner of Spirit they are of. It is evident from their being so prone to be carried away by a different Spirit from that of the Gospel; we see it even in these two Disciples of our Saviour, and too frequently in some of all sorts of Men; Opposition moves their Passion, and Passion hurrys them beyond the bounds of Reason and Religion; and they so far forget themselves, as to imagine that Fire from Heaven, or Fire upon Earth, or some other outward Penalties are necessary for the support of Christian Religion, and that it cannot subsist without confiscating the Goods of its Opposers, Stripes and Imprisonments, Hanging and Quartering and other like Penalties inflicted upon the persons of the Adversaries; as if Religion had lost that Primitive Native Beauty by which it tempted the greatest and most reasonable part of the World to its Embraces: As if it had lost that Primitive Native Strength, whereby it stood the shock and violence of the Powers of the Earth and Hell, and now stood in need so much of outward Terrors that it could not subsist without them. That Christ's Religion prevailed for the first three hundred years without these outward Helps, is not to be denied; nay that it has prevailed in several places of the World is as undeniable, and that Naked and Unarmed; and that there is no one place in all the New Testament, that seems so much as to countenance outward Compulsion, is as evident. If any Church Tradition does warrant it, I think it is yet to be produced; and therefore I cannot see, what Spirit they are of, who so zealously assert the necessity of such outward Penal Laws. I know it has been frequently urged by some, that the reason why the Primitive Christians made no use of them, was because they were not protected by the Civil Power; but shall we imagine, that one sort of Temper is required in Christians in the time of Adversity, and another quite contrary in the time of Prosperity? One whiles they were under Persecution, and another when by being favoured by the Civil Magistrate they were in a condition to Persecute one another? That Christ designed that the Meekness of his Followers, in the times of Persecution, should be only a trick to Wheedle, and lull a sleep the civil Magistrate, till the Sword dropped out of his Hand, that they might snatch it up, and use it against their Adversaries and one another. When Christ did forbear punishing his Malicious Opposers, it was not because he wanted Power to avenge himself; he could have commanded Fire from Heaven; Mat. 26.53. Or more than twelve Legions of Angels to this purpose, but it was not according to the Spirit of the Gospel. But now after all this, that this Discourse might be the less imperfect, there are several things to be considered. As 1. Whether Christ did not design Unity in his Church? 2. What means himself has appointed to effect this Design? 3. Whether outward Force has not been made use of to this purpose? 4. Whence this outward Force did proceed? 5. Whether this outward Force be always and alike necessary? 6. In whose Power it is to Inflict, or remit Temporal Punishments? 1. Whether or no Christ did design Unity in his Church? Which doubtless he did as much as he designed Truth and Holiness; for we find that he says concerning those that shall hear his Voice, Joh. 10.16. Joh. 17.11. That they shall be one Fold under one Shepherd; And in his Prayer, he thus Supplicates his Heavenly Father, Holy Father, keep through thine own Name those, whom thou hast given me, that they may be one as we are; and so in several other places. And therefore in the Acts we read, Act. 4.32. that they Continued daily with one accord; and that the whole Multitude of them that believed were of one Heart, and of one Soul, I therefore the Prisoner of the Lord, beseech you (says the Apostle) Eph. 4.1. that ye walk worthy of the Vocation wherewith ye are called.— Endeavouring to keep the Unity of the Spirit in the Bond of Peace; and afterwards, there is one Body, and one Spirit, one Hope of your Calling, one Lord, one Faith, one Baptism; and the same Apostle, 4, 5, 6. verses of the same chap. Now I beseech you Brethren, that ye all speak the same thing, 1 Cor. 1.10. and that ye be perfectly joined together in the same Mind, and in the same Judgement. So that it is evident, that Christ designed Unity in his Religion, and this might be made appear further from the Writings of the Holy Fathers, and the Decrees of Sacred Councils: Whose very design of meeting was for the Preservation of Unity, but I have not room here to insist upon such Proofs, and therefore I pass to the 2. Second Cosideration; namely what means Christ has appointed as requisite to this purpose: And those are, to teach his Doctrine to Mankind. Go ye, (says he to his Apostles) Mat. 28.19. and Teach all Nations; To Administer his Sacraments, whereby Christians might grow together in his Doctrines; 1 Tim. 5.20. to Rebuke the Disobedient, and to cast out of the Christian Society the Stubborn, and the Obstinate, With such, no not to eat. 1 Cor. 5.13. 1 Cor. 16.22 1 Cor. 5.11. And because differences might arise, as well about Religious as other Concerns, he appoints that Appeals should be made to the Church; and that they who submitted not to her Determinations, should be looked upon as Heathens and Publicans; Mat. 18.17. that is, should be deprived of the ordinary Means of Salvation. These are the Means by which Christ appointed, that Unity should be preserved in his Religion. Nothing in all this of Outward Force, nothing of Punishment of the Body or Purse. I come now therefore to consider, 3. Whether or not Outward Force has not been made use of to effect this Design? Which doubtless it has; and People have been punished in Body, in Purse, by loss of outward Privileges, of Liberty, and of Life, in all Christian Nations in general, and in Ours in particular. The Law for Burning of Heretics, was in Force at least two hundred and sixty years: For as our English Chronicle tells us, Baker's Chronicle fol. 168. Printed 1674. it was first put in Execution in the Reign of Henry IU. and continued Un-repealed till about the middle of the Reign of the late King; and even since the Reformation there have been several other Laws made for the External Punishment of Dissenters from this Church: Twelve Pence a Sunday, Twenty Pounds a Month, taking away the Goods, Imprisoning and Banishing Excommunicate Persons; such outward Punishments and others more severe, have been inflicted even under Protestant Princes, upon the Disobedient and Dissenting in matters of Religion, and that in this our Nation. And indeed almost all sorts of Men, I may say all, who have had opportunity by being assisted by the Civil Magistrate, have at one time or other thus punished those that have Dissented from them; and the very same kind of Men, nay sometimes the very same Men, who have been very Clamorous against such Severities under one Government, have themselves inflicted them under another. It must therefore be granted, that outward Force has been made use of, to compel the Professors of Christianity to Unity in Religion: And now therefore we come to consider in the 4. Fourth place, whence this outward Force proceeded. And to this end we must consider, that in the Christian World there have been two several dstinct Powers, Civil and Ecclesiastical; the power of the Church, and the power of the State. The power of the Church resides in Bishops and other Church-governors, and Teachers; the power of the State resides in Emperors and Kings: And these powers, though distinct, proceed both from one and the same God: There is no Power but of God, says the Apostle. Rom. 13.1. The Kings and Emperors of the World had a power from him before ever there was a Christian Church: And the Christian Church had its power, before ever there was a Christian King or Emperor. To Kings and Emperors, and other Civil Governors, God Almighty gave power to make Laws, and to punish the Disobedient by outward punishments, such as Stripes and Imprisonments, by loss of Limbs or by Death; that they might be a Terror to the Wicked; Rom. 13.3,4. therefore of such a Magistrate the Apostle tells us, that He bears not the Sword in vain. To the Church he gave power to Teach, to Exhort, to Rebuke, to Enjoin (though not to Force) Penances, and to Excommunicate. This power was given Originally to Christ, and he delegated it to his Apostles and their Successors, As my Father sent me, so I send you. They had no power to go any further; all outward punishments must proceed from the Civil Magistrate; he, under God, is the sole Fountain of Co-ercive power, and all Penal Laws and the Execution of them must proceed from him. And this appears by considering that there were no Co-ercive Penal Laws to compel men to Unity in Christian Religion, till Kings and Emperors became Christian; and then by Virtue of that power, which they had before they were Christian, they made Laws for the outward punishment of the Disobedient, as Infringers of their own Laws, and Disturbers of their own Government, and of that Church, whose protection they had undertaken. The Civil power then armed in its Defence, and that in this, as well as in all other Christian Kingdoms; it is therefore from hence that all outward punishments proceed. I pass now to the 5. Fifth consideration; namely whether this outward Force be always and alike necessary to be put in Execution? which doubtless it is not. For it is evident from those Historical accounts, which no man denys to be true, that Christian Religion not only stood, but flourished and wonderfully increased, during the first three hundred years, when all the Kings and Emperors in the World, instead of supporting it, endeavoured by all means, wheresoever it appeared, to suppress it; by Flatteries and Temptations or Honour, they endeavoured to Allure its Professors from it, by Scorns and Reproaches to shame them, by the most severe Banishments and Imprisonments, by the most cruel Tortures and Deaths to Terrify them. Racks and Wheels, Broiling alive upon Gridirons, Impaling Alive upon Stakes, rending in Pieces by Wild-Horses, Crucifying, Devouring by Wild-beasts, and many other Barbarous and Inhuman Cruelties were made use of to destroy Christianity, and its Holy Professors, but all in vain: Which plainly and undeniably Demonstrates, that Christianity can stand without outward Punishments inflicted upon its Opposers, since it cannot be ruined by them. Christian Governors have, and do at this day make use of some severe Means in some Christian Countries to compel Christians to Unity: How warrantably, is out of my Sphere to dispute, much more to determine. All that I drive at, is only to show, that there is no Absolute Necessity of so doing at all Times, and in all Places. For there is difference between preventing am Evil, and endeavouring to remedy it, when it is too great for a remedy, and when the Remedy is worse than the Disease; there is difference between preventing the sowing of Tares among the Wheat, and plucking them up when sown and grown together. And it is considerable, that Dissenting in matters of Religion is not always guilty of the same degree of Malignity, In all probability the first Dissenters had more of Pride in their Dissenting: When one man, or some few should break from a Communion, and thinking themselves Wiser than a whole Church, make and begin a Separation from it, and stubbornty persist in their singular Errors; but Education, and want of due Information may make the Schism less Criminal in their Successors; they have, it may be, since the beginning, had among them men of Parts and Learning, and (as they suppose) men of Integrity; they have had also among them such as have Suffered in the Cause which they adhered to. Children are apt to think well of their Parents, and to believe, that they would never have lived and died in this or that Religion, and have recommended it also those whom they Loved so dearly, unless they had been certain of its Truth. These things considered, no man can say, that there is always the same reason for putting Penal Laws in Execution, especially when they, who are liable to be punished by them, are so numerous, that it is the way to make a Kingdom Desolate, and to render a Prince King of a Wilderness. And besides, when we have no assurance that Gentleness will not work the best effect, that can be designed by rigour; gentle Means seem to be more according to the Spirit of the Gospel, and there is no Party but thinks so, when itself is in a suffering Condition: No man can say that Forbearance may not at least, sometime be tried. I come now therefore to the 6. Sixth and last thing to be considered; Namely, in whose Power it is to inflict or not to inflict Temporal Punishments? And sure it is in the Kings or Civil Governors, he can remit as well as punish, unless it should be impiously pretended, that he is no better than a common Executioner; he has doubtless the supreme coercive Power; and the directive Power can only direct, not compel him to strike; and where the same Person is supposed to be invested with the supreme directive, and the supreme coercive Power too, there sure that person has Power to determine when such Penalties are to be inflicted, suspended or abrogated, as well as actually to inflict suspend or abrogate. The result therefore of what has been said upon these six Considerations, is this Namely, That though Christ designed Unity in his Church and Religion, yet he has given no power to his Church to Force to it by outward Penalties. When outward Penalties have been inflicted, they were inflicted by the Temporal Authority. That the inflicting these outward Penalties is not always and alike necessary; that it is in the power of the Supreme Civil Magistrate to inflict or not inflict them. Let us therefore calmly consider, what reason or ground there is for the mighty Outcry, that there is amongst some men against Toleration in matters of Religion? As if all were lost, and Religion undone, because Men are not still compelled by outward Force. One thing must needs seem strange and amazing to every considering Man; namely, to hear the same persons inveigh against the French King for Executing the Penal Laws against Dissenters in France, and against their own King for Suspending the Penal Laws against Dissenters in his Dominions; against that King for Persecuting his Subjects, and against this King for not Persecuting his: So St. John Baptist, Came neither Eating nor Drinking; and the Scribes and Pharisees say, Behold he has a Devil: The Son of Man came Eating and Drinking; and they say, Behold a man Gluttonous and a Wine-biber, a Friend to Publicans and Sinners: Whereas indeed neither was our Saviour any otherwise a Friend to Publicans and Sinners, then in his design to Save them: Nor had John Baptist a Devil: But sure they whom nothing will please, are possessed with a strange Tetchy, and froward evil Spirit; and what our Saviour said to his two Disciples, may rightly be applied to them, They know not what manner of Spirit they are of. However, they seem not to consider, what meekness the Gospel enjoins, by what meekness it at first stood and prevailed; they seem not to consider the nature of that power, which Christ put into the Hands of his Church, which extended only to Teaching, Exhorting, Rebuking, Administering Sacraments and Excommunicating: And that when outward Force has been made use of, it proceeded wholly from the Temporal Authority, and that it is in the power of this Authority to inflict or not to inflict Temporal punishments. But now it may be some will be ready here to object, that whiles I Discourse thus, I seem to forget two main things, which particularise our Circumstances; Namely, 1st. How His Majesty has been pleased to engage Himself to protect the present established Church of England. 2dly. What the particular constitution of Government is in these Kingdoms under His Majesty. And though what has been said already may be sufficient to give satisfaction as to these two particulars; yet, in the residue of my Discourse, I will briefly say something more to each. And First, As to the Kings having engaged Himself to protect the present Established Church. The Church may be protected and effectually too, though the Civil Magistrate inflicts not Temporal Punishments upon those that Dissent from her, for Dissenting. His Majesty protects her and maintains her (as he says in his Gracious Declaration) In the free Exercise of her Religion, as by Law Established, and in the quiet and full Enjoyment of all her Possessions without any Molestation or Disturbance whatsoever, How Happy would the primitive Christians have thought themselves, might they have had such Protection. Nay, it is considerable, that it seems not improbable that taking away the smart of Penal Laws from a Church's Adversaries, may make that Church more safe because it may make them less Industrious to Destroy her, since they find themselves undisturbed by her standing, and are not therefore vexed into Conspiracies against her: And then Secondly, As to the present Churches particular Constitutions in this Kingdom, they seem to Recognize a Right in the Civil Power, and particularly in the King to determine at least in Exteriors, and therefore when Penal Laws are to be Executed; for the first Canon says that, Canon 1. The King's Power within His Realms of England, Scotland and Ireland, and all other His Dominions and Countries, is the highest Power under God, to whom all Men, as well Inhabitants as born within the same, do by God's Laws own most Loyalty and Obedience, afore, and above all Powers and Potentates upon Earth. And in the five and fiftieth Canon it is enjoined to Pray for the King under the Title of, Canon 55. Our Sovereign Lord King of England, Scotland, France and Ireland, Defender of the Faith, and Supreme Governor in these Realms, and Dominions, and Countries, over all Persons and in all Causes, as well Ecclesiastical as Temporal. The Oath of Supremacy also Styles him the Only Supreme Governor of this Realm, and of all other His Highness' Dominions and Countries, as well in Spiritual or Ecclesiastical Things or Causes as Temporal. And therefore Charles I. the Royal Father of our present Gracious Sovereign, Styles himself Head of the Clergy, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. cap. 17. The tenuity and contempt of Clergymen, (says he) will soon let them see what a poor Carcase they are, when parted from the influence of that Head to whose Supremacy they have been Sworn. So that the King in suspending the Penal Laws, has done nothing contrary to His Royal and Gracious Promise to Protect the Church of England: Nothing beyond that Power, which the Church of England, in her public Canons, owns to be in the Kings of England, I beg leave therefore, humbly to Advertise those Men of this Church, who are dissatisfied with His Majesty's late Gracious Declaration for Toleration, that they seem neither (at the same time whilst they are so dissatisfied) to consider the Oeconomy of the Gospel, the temper it requires in Christians, nor what benefits of Protection the Church of England enjoys, nor what Power its Canons own to be in the King Doubtless the Actions and Expressions, very indiscreet, (to give them no worse Epithet) which some Men have been guilty of, and which they have been hurried into by a blind inconsiderate Zeal, have helped (in a great measure) to introduce that Toleration which they now exclaim against; and yet after all the noise, His Majesty by the Power, which they Recognize in Him, deprives not the Church of any one Branch of that Power, which Christ gave to his Church: She may teach still, she may still exhort, rebuke, enjoin Penances, and Excommunicate those of her Communion as much as ever, So that I say, the King takes not away the Church's power, but only forbears Executing of His Own, in punishing Dissenters for Dissenting. And this is no more, than what our late King His Royal Brother did, for He also Granted an Indulgence to Dissenters: Nay, no more than what His Royal Father Charles the First advised His Son to, when Prince of Wales: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, cap. 27. When He bids Him Beware of exasperating any Factions, by the crossness and asperity of some men's Passions, Humours, or private Opinions employed by Him, grounded only upon differences in lesser matters, which are but the Skirts and Suburbs of Religion; wherein connivance and Christian-Toleration often dissipates their strength, whom rougher Opposition fortifies, and puts the despised and opposed Parties into such combinations, as may most enable them to get a full revenge on those they count their Persecutors; who are commonly assisted by that vulgar commiseration which attends all that are said to suffer under the notion of Religion. This that good King had too much cause to say, for He had found it true by a woeful Experience; and this our present Gracious Sovereign seems to consider. For He tells us in His Declaration, not only that Conscience ought not to be constrained, but that He is confirmed in this Opinion the more, by the Reflections He has made upon the Conduct of the four last Reigns; for after all the frequent and pressing endeavours that were used in them, to reduce this Kingdom to an exact Conformity in Religion, it is visible that the Success has not answered the Design, and that the Difficulty is invinsible: So that His Majesty in Granting a Toleration, does no more than what His Brother did, no more than what His Father Advised, no more than what His Royal Wisdom, by weighing the precedent management of Public Affairs, sees to be expedient and necessary. Nay, some of those very Men, who so Zealously exclaim against it, have themselves resolved in Parliament (as I have been informed) and with a nemine contradicente, that the Penal Laws were grievous to the Subject, gave advantage to Popery, and were destructive to the Protestant Religion; and why therefore should these Men, especially, be displeased, that the King has suspended such Laws as themselves thought so pernicious? Why should they envy the King the Pleasure and the Honour of thus mercifully easing His Subjects of their Grievances, and thereby securing that Religion which these Patriots would seem so tender of? the Reason is too shameful to be mentioned, and therefore I shall pass it over in silence. And besides, let us but consider what good such Severities have done? what advantage the Church has made of putting the Penal Laws in Execution? It may be some very few by this means, have been brought to a real Conformity, whilst none knows but that Gentleness might have won more. But then many have thereby been scared into Hypocrisy, and have entered under the Sacred Roofs only for shelter, not from mere Excommunication, no, this they accounted but Brutum fulmen: But from the danger which followed, to consume their Goods and Estates. They chose to go to Church, to keep from going to Goal. Whilst many thousands to avoid both, transplanted themselves and Families in Foreign Countries, to the ruin of Trade, and impoverishing the Kingdom; and others who stayed though divided among themselves) yet united against the Church of England, which the several Dissenters looked upon as their Common Enemy, and under that notion it was ruined in the time of Charles the First, and its overthrow has been contriving by them ever since. This has made the Peace of the Kingdom unsettled, and rendered the Estates and Lives of its Inhabitants continually unsafe. And if the Dissenters from her should meet with as fit a Juncture, as Mr. Fox did, to Write a Book of Martyrs, to set forth in frightful representations, the Proceed of Ecclesiastical Courts, and describe with such horrid ugliness, the Chancellors, Commissaries, and Apparitors, with the Imprisonments, Pilloring, and Banishments, with the Starving of Families, the Burn, the Hang, and Quartering which have been inflicted since the Reformation; doubtless it would cause as great a Dread and Abhorrence of the Church of England, as ever Mr. Foxe's Book did of that of Rome. For People have and do conspire against their Persecutors, or Prosecutors, whoever they be: and are provoked by severities, from whence soever they proceed, and when they are so provoked, the danger is too great to be slighted, where the Malcontents are numerous▪ For there never want Men, Men of no Religion, to make their advantage of the Religious Discontents in the mistaken, though well-meaning Dissenters. So the House of Bourbon, to revenge themselves for the supposed wrong, which they had offered them in the Court of France, according to the subtle advice of Admiral Coligny, made use of the Hughonots (who were discontented for being denied a Toleration) to work its dreadfu Revenge, and dreadful I may call it, for by this means, that wretched Kingdom groaned under the dismal misery of a Civil. War for the space of almost Forty years: Davila's Hist. of the Civil Wars of France, lib. 1. pag. 18, 19 Printed in the Year. 1678. So our Ambitious Commonwealthsmen made use of our Dissenters to destroy Monarchy, when these Dissenters also were discontented for want of a Toleration, and galled with the Penal Laws in the Reign of Charles the First, and by their help they subverted the Government both of Church and State. In the doing of which, what Blood was spilt? what Rapine? what Sacrileges? what Murder was committed? But our Gracious King has prevented such horrid Miseries, has secured His Subjects from the like civil Ruins and Devastations, for by suspending the Penal Laws, he has obstucted the pernicious Designs of these wicked and Commonweal-principled-Men. It is in vain now for these Politicians to think to destroy the Government, and Usurp the Rights of their King, and their fellow Subjects by those that want a Toleration, for none want one. So that for my part, I see no reason why we should not think ourselves, why every Party should not think itself more safe now, than at any time for many years before; nor can I imagine (since the Church of England in her public Canons and Constitutions, owns so much Power in the King) why her Members should forbear thanking His Majesty, for His Gracious Promise to make use of this Power, to Potect this Church, although Himself be of another; why, when all Parties return their grateful acknowledgements of His Royal Favour, they should generally persist in their Non-Addressing humour, and come behind even those, whom they have taxed with Dis-loyalty. It will make some imagine, and they do object it, that the reason why the Dissenters have been Dis-loyal, is only because Kings have endeavoured to suppress them; and the reason, why the Members of the Church of England have been Loyal, is only because Kings have endeavoured to support them by suppressing all that are not of her Communion, But what Cause have any of her Members to murmur and complain? the King takes not from her any of those means by which Christianity at first prevailed; nay, he protects her in the Exercise of her Religion, in the Enjoyment of her Honours and Revenues. He suffers her not indeed to disturb any for matters of mere Religion: But then he suffers none to disturb her; for himself under the great King of Heaven is the Gracious and common Defence of all. My humble advice is therefore, that none would follow the Humours of mistaken, interested and revengeful Men, who care not though they Sacrifice the public Peace to their own private Advantage and froward Discontent. It is but reasonable, that all sorts of Men endeavour to make His Majesty's Government easy, for all enjoy the benefit of it, and that by a Peaceable and quiet Behaviour; and though there be difference in Religion, yet let there be one and the same Loyalty in all, for it is Due from all, and that upon the account of Interest, as well as Duty. For according to that saying of Caarles I. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. cap. 15. Different Professions in point of Religion cannot (any more than in civil Trades) take away that Community of Relations either to Parents or Princes. And before in the same Chapter, Differences of Persuasion may easily fall out, where there is the sameness of Duty Allegiance and Loyalty. I wish with all my heart, that it were not seasonable to advertise some Men, that as it is unlawful to take up Arms, so also even the Tongue or Pen, against the King, upon any pretence whatsoever. That the same Duty, Allegiance and Loyalty, not only obliges us to tie up our Hands from Striking, but to restrain the Pen from Writing, and (that as sharp Instrument) the Tongue from making any Invectives, any keen Reflections upon the Actions of his Sacred Majesty, who is the common Parent of his Country; commonly the one is but a preparative to the other; and Reflecting and Murmuring but more wary steps to Rebellion. Let us not therefore upon any pretence whatsoever, take up so much as these Weapons, and I am sure as yet we have no colourable pretence to do so, and I really believe we never shall have any. Let us live in that peace, which the Spirit of meekness recommends, and indispensably enjoins. And let our main contention be, who shall most adorn His Christian Profession, by true Piety to God the King of Kings, by true Loyalty and Obedience to his Vicegerent King James the Second: May whose Gracious Reign continue over Us, till any Party shall desire its own Suppression by its Adversary. FINIS.