THE CASE OF USING or FORBEARING The Established LITURGY, During the late troublesome times, and Prohibition of it by the then Usurpers. LONDON, Printed in the Year MDCLXXII. To the READER. IF this short Discourse needed any Recommendatory Letters, beside what its own intrinsic worth doth abundantly afford, it might readily fetch them from the Greatness of its Author, (if others, as well as myself, bened much mistaken,) and from its own suitableness to our present Condition. For its Author; There wanted not high probabilities to persuade, the prefixing of the Reverend Name, of as Learned and Judicious a Prelate, as perhaps any that in our days have adorned the English Church: But it was not thought expedient to be guilty, though but in appearance, either of doing any Injury to the memory of that Excellent Person, or of imposing upon the World. The knowing Reader may therefore please to use his own Judgement on several passages that he will find herein, and especially on the Resemblance which it wears to the other worthy works of that stayed and well weighed man, who conceived all things deliberately, dwelled upon them discreetly, discerned things that differ exactly, passed his Judgement rationally, and expressed it aptly, clearly and honestly. For its suitableness to our present Condition; It will appear to any, that shall consider the weighty Subjects herein treated of, viz. the Obligation of Humane Laws, Scandal, Schism, etc. applied particularly to our Established Liturgy: and compare them with that Juncture of Affairs at this time, wherein all sorts of men do so generally interest themselves. The Usefulness of this Tractate, chief on the account last mentioned, may, 'tis hoped, be a sufficient Apology, for presuming to take the same liberty in this, which others have taken formerly, in cases of a more private, and therefore less profitable concern: Especially seeing that even this also was in a sort published before; having been for divers years, among the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of my Own, and several others Studies, that I know, and I have reason to believe of more whom I know not: and that besides, there was danger of a worse Impression; since the printing some of the contents hereof (as is supposed,) in The Obligation of Humane Laws, discussed by I. H. had caused divers Booksellers to inquire after it. THE CASE OF USING or FORBEARING The Established LITURGY, During the late troublesome times, and Prohibition of it by the then Usurpers. SIR, WHereas you are desirous to know what my Judgement and Practice is, concerning the using or forbearing of the established Liturgy, (either in whole or in part,) in the public service of God, and offices of the Church: If that may be any satisfaction to yourself or Friends, I shall fully acquaint you with what my practice is, (whereunto if my jugment be not conformed, I am then avoidable my own condemner;) And upon what considerations I have, according to the variation of times, varied myself therein. So long as my Congregation continued unmixed with Soldiers, (as well after, as before, the promulgation of the Ordinance of the two Houses, for the abolishing of Common-Prayer) I continued the use of it, as I had ever formerly done, in the most peaceable and orderly times, not omitting those very Prayers, the silencing of which I could not but know to have been chief aimed at in the Ordinance; viz, those for the King, the Queen and the Bishops: And so I did also, though some Soldiers were casually present, till such time as a whole Troop coming to Quarter in the Town (with a purpose to continue a kind of Garrison or Headquarters amongst us,) were so enraged at my reading of it the first Sunday after they came, that immediately after morning Service was ended, they seized on the Book, and tore it all to pieces. Thence forward, during their continuance here, for full six months and upwards, viz. From the beginning of November, till they were called away to Naseby Fight in May following; besides that for want of a Book, of necessity I must; I saw that it behoved me also for the preventing of further outrages, to wave the use of the Book, for the time at least, in the ordinary Services: Only I read the Confession, the Lord's Prayer, with the Versicles, and Psalm for the day; Then, after the first Lesson in the Forenoon, Benedictus, or Jubilate; And in the Afternoon, Cantate; After the second Lesson also in the Forenoon, sometimes the Creed, sometimes the ten Commandments; and sometimes neither; but only sang a Psalm and so to Sermon. But all that while in the Administration of the Sacraments, the Solemnisation of Matrimony, Burial of the Dead, and Churching of Women, I constantly used the ancient Forms and Rites, to every of them respectively belonging, according to the appointment in the Book: Only I was careful to make Choice of such times and opportunities, as I might do them with most secrecy, and without disturbance of the Soldiers: But at the Celebration of the Eucharist I was the more secure to do it publicly, because I was assured none of the Soldiers would be present. After their departure; I took the liberty to use, either the whole Liturgy, or but some part of it; omitting sometimes more, sometimes less, upon occasion, as I judged it most expedient in reference to the Auditory; especially if any Soldiers or other unknown persons happened to be present: But all the while, the substance of what I omitted, I contrived into my Prayer before Sermon, the Phrase and Order only varied; which yet I endeavoured to temper in such sort, as any person of ordinary capacity, might easily perceive what my meaning was, and yet the words as little left open to exception or cavil as might be. About two years ago I was advertised (but in a very friendly manner, by a Parliament man of note in these parts,) that at a public meeting in G. great complaint was made by some Ministers (of the Presbyterian Gang, as I afterwards found) of my refractoriness to obey the Parliaments Order in that behalf; The Gentleman told me withal, that although they knew long before what my Judgement and Practice was, yet they were not forward to take notice of it, before complaint made; which being now done in so public manner, if they should not take knowledge of it, the blame would lie upon them. He therefore advised me to consider well what I had to do; For I must resolve either to adventure the loss of my Living, or to lay aside Common-Prayer; which if I should continue after complaint and admonition, it would not be in his power, nor in the power of any friend I had, to preserve me. The effect of my then-Answer was that if the case were so, the deliberation was not hard, I having long ago considered of the case, and resolved what I might with a good Conscience do, and what were fittest for me in prudence to do if I should ever be put to it, viz. To forbear the Use of the Common-Prayer-Book so far as might satisfy the letter of the Ordinance rather than forsake my Station. My next business than was, to bethink myself of such a course, to be thenceforth held in the public worship in my own Parish, as might be likeliest neither to bring danger to myself by the use, nor to bring scandal to my Brethren by the disuse of the established Liturgy: And the course was this; to which I have held me ever since. I begin the Service with a Preface of Scripture, and an Exhortation inferred thence to make confession of sins; which Exhortation I have framed out of the Exhortation and Absolution in the Book, contracted and put together, and expressed for the most part in the very same words and phrases, but purposely here and there transplaced, that it may appear not to be, and yet to be the same. Then follows the Confession itself, in the same order it was, only with the addition of some words, whereby it's rather explained then altered; the whole form whereof, both for your fuller satisfaction in that particular, and that you may partly conjecture what manner of addition or change I have made proportionably hereunto (yet none so large,) in other parts of the holy Office, I have here underwritten. OAlmighty God and merciful Father, We thy unworthy servants do with shame and sorrow confess, that we have all our life long gone astray out of thy ways, like lost sheep; and that, by following too much the vain devices and desires of our own Hearts, we have grievously offended against thy holy Laws, both in thought word and deed: We have many times left undone those good duties, which we might and ought to have done; and we have many times done those evils, when we might have avoided them, which we ought not to have done. We confess O Lord, that there is no health at all in us, nor help in any creature to relieve us; but all our hope is in thy mercy, whose justice by our sins we have so far provoked. Have mercy upon us therefore O Lord, Have mercy upon us, miserable offenders; Spare us good Lord, which confess our faults, that we perish not; But according to thy gracious promises, declared unto mankind, in Christ Jesus our Lord, Restore us upon our true repentance into thy grace and favour: And grant O most merciful Father for his sake, that we henceforth study to serve and please thee, by leading a godly righteous and sober life, to the glory of thy holy name, and the eternal comfort of our own souls, through Jesus Christ our Lord. Amen. After this Confession, the Lords Prayer, with the Versicles and Gloria Patri, and then the Psalms for the day, and then the first Lesson: After which in the Forenoon sometimes Te Deum, (but then only when I think the Auditory will bear it;) and sometimes an Hymn of my own composing, gathered out of the Psalms; the Church Collects, and a general form of Thanksgiving, (which I did the rather because some have noted the want of such a form, as the only thing wherein our Liturgy seemed to be defective;) And in the Afternoon, after the first Lesson, the 98 or 67 Psalms; then the second Lesson, with Benedictus or Jubilate after it. In the Forenoon and in the Afternoon a singing Psalm, then followeth the Creed, with Dominus vobiscum, and sometimes the Versicles in the end of the Litany, [From our enemies defend us O Christ, etc.] if I like my Auditory, otherwise I omit the Versicles. After the Creed, etc. instead of the Litany, and other Prayers appointed in the Book, I have taken the substance of the Prayer, I was wont to use before Sermon, and disposed it into several Collects or Prayers, some longer some shorter, but new-modelled into the language of the Common Prayer Book, much more than it was before; and in the Pulpit, before Sermon, I use only a short Prayer in reference to the hearing of the Word, and no more: So that upon the matter, in these Prayers, I do but the same thing I did before; save only that what before I spoke without Book, and in a continued form, and in the Pulpit, I now read, and in a written Book, broken into parcels; and in the Reading Desk or Pew. Between which Prayers and the singing Psalm before Sermon I do daily use one other Collect; of which sort I have for the purpose composed sundry, made up, as the former, for the most part out of the Church-Collects, Adventual, Quadragesimal, Paschal, and Pentecostal for their proper Seasons: And at other times Collects of a more general nature, as for Pardon, Repentance, Grace, etc. And after one or more of them, in the Forenoon, I usually repeat the ten Commandments, with a short Collect after, for Grace to enable us to keep them. This hath been my Practice, and is like still to be, unless some happy change of Affairs restore us the liberty of using the old way again, or it be made appear to my understanding, by some able charitable Friend, that I have therein done otherwise then I ought to have done. For I may say truly that I have not yet met with any thing, in discourse either with my own Reason or with others, of sufficient strength to convince me, that I have herein done any thing but what may stand with the Principles as well of Christian simplicity as prudence. There are but three things that I know of (that are of any consideration) opposed; viz. 1 The Obligation of the LAWS. 2 The SCANDAL of the Example. 3 An unseemly symbolising (at least) with Schismatics, if not a partaking with them in the SCHISM. 1 LAW. Object. 1. The first and strongest Objection, (which I shall therefore propose to the most advantage of the Objectors) is that which is grounded upon the LAWS, and their Obligation, For it may be objected, 1 That an Humane Law rightly established, so long as it continueth a Law, obligeth the Subject (and that for Conscience sake) to the observation thereof, in such manner and form as in the said Law is prescribed, and according to the true meaning and intention of the Lawgiver therein. 2 That a Law is then understood to be rightly established, when it containeth nothing but what is honest and lawful, and is enacted by such person or persons as have full and sufficient Authority to make Laws. 3. That a Law so established, continueth a Law, and is in force till it be either repealed by as good and full Authority, as that by which it was made, or else antiquated by a long continued (unenforced) disuse, with the presumed consent of the Lawgiver. 4 That the Act printed before the Common Prayer Book, and entitled [An Act for the Uniformity of, etc.] was such a Law: being it was established in a Full and Free Parliament, and in peaceable times, and ratified by the Royal Assent. 5 That it still continueth in force; Being not yet repealed, but by such persons, as (at least in the opinion of those that maintain the dispute) for want of the Royal Assent, have not a sufficient Right or Authority to do such an Act: nor disused, but of late time, and that by enforcement, and (as is presumed) much against the Mind and Will of the Lawgiver. 6 That therefore it still retaineth the power of obliging in point of Conscience: That power being so essential and intrinsecal to every Law, quatenus a Law, that it can in no wise be separated from it. 7 And that therefore no Minister publicly officiating in the Church can with a good Conscience, either omit any part of that which is commanded by the aforesaid Law; or use any other form then what is contained in the aforesaid Book: But must either use the form prescribed in the Book, or else forbear to officiate. The Answer to this Objection, (granting all in the Premises besides) dependeth upon the right understanding of that which is affirmed concerning the obligation of Laws, according to the intention of the Lawgiver. Which if it should be understood precisely, of that particular actual and immediate intention, which the Lawgiver had in making of any particular Law, and is sufficiently declared by the words of the Law, will not hold true in all cases. But there is supposed besides that, in the Lawgiver, a more general habitual and ultimate intention, of a more excellent and transcendent nature than the Former, which is to have an influence into, and overruling power over all particular Laws; viz. An intention by the Laws to procure and promote the public good. The former intention bindeth, where it is subservient to the Letter, or consistent with it; and consequently bindeth in ordinary cases, or else the Law is not an wholesome Law. But where the observation of the Law by reason of the conjuncture of circumstances or iniquity of the times (contingencies which no Lawgiver could either certainly foresee, or, if fore-seen, sufficiently provide against) would rather be prejudicial then advantageous to the public, or is manifestly attended with such inconveniences and grievous consequents to the observers, as all the imaginable good that can redound to the public thereby, cannot in any reasonable measure countervail; in such case the Law obligeth not, but according to the latter and more general intention only. Even as in the operations of Nature, particular agents do ordinarily move according to their proper and particular inclinations: Yet upon some occasions and to serve the ends and intentions of universal Nature (for the avoiding of something which Nature abhors) they are sometimes carried with motions quite contrary to their particular Natures: as the Air to descend, and the Water to ascend, for the avoiding of vacuity, etc. The common received Maxim (which hath been sufficiently misapplied, and that sometimes to evil purposes, since the beginning of these unhappy divisions) in the true meaning of it looketh this way; Salus populi suprema lex. The equity of which Maxim, as it leaveth in the Lawgiver a power of dispensing with the Law (which is a suspension of the obligation thereof for the time, in respect of the proper and particular intention) as he shall see it expedient in order to the public good: So it leaveth in the Subject a liberty upon just occasions (as in cases of great exigency, and for the preventing of such hazards and inconveniences as might prove of noisome consequence to the public) to do otherwise then the Law requireth. And neither is the exercise of that power in the Lawgiver, to be thought an unreasonable prerogative, nor the use of this liberty in the Subject, an unreasonable presumption: In as much as the power of dispensing with particular Laws is such a prerogative, as without which no Commonwealth can be well governed, but Justice would be turned into Gall and Wormwood; nor can the Supreme Governor, without forfeiture of that faithfulness which he owes to the public Weal, divest himself thereof. And he that presumeth of the Lawgivers consent to dispense with him for the observing of the Law, in such needful cases (where he hath not the opportunity to consult his pleasure therein) presumeth no more than he hath reason to do: For it may well be presumed that the Lawgiver, who is bound in all his Laws to intent the safety of the public, and of every memeber thereof in his due proportion; hath no intention by the strict observation of any particular Law to oblige any who is a member of the public to his destruction or ruin, when the common good is not answerably promoted thereby. Upon which ground it is generally resolved by Casuists, that No Constitution (merely humane) can lay such obligation upon the Conscience of the Subject, but that he may (according to exigence of Circumstances) do otherwise then the Constitution requires; provided it be done extra casum scandali et contemptus, that is to say, Without either betraying in himself any contempt of the authority the Lawgiver by his carriage, or giving any just occasion of scandal to others by his example in so doing. I have been somewhat the larger in explaining this point, not only for the better clearing of the present doubt, but also in respect of the usefulness of this consideration, for the preventing and removing of many scruples that may happen to conscientious men in such times as these, wherein so many things are (and are like to be) commanded and forbidden, contrary to the established Laws, and those (as they are persuaded) yet standing in force. The best Rule that I know, to guide men in their deliberations and actions in such emergent cases (according to what hath been already delivered) is advisedly and impartially to weigh the Benefits and Inconveniencies as well on the one side as on the other, and then compare them the one with the other, as they stand in relation to the public good. And if after such examination and comparison made, it shall then evidently (or but in judgement of probability) appear, that the observation of the Law, according to the proper intention of the Lawgiver therein, though with hazard of Estate, Liberty or ever Life itself, hath a greater tendency to the public good, and the preservation of Church or Commonwealth in Safety Peace and Order, than the preventing of the aforesaid hazards or other evil consequents, by doing otherwise then the Law requireth, can have: Or (which cometh to one) if the violating of the Law shall then appear to be more prejudicial to the public good, than the preservation of the Subjects Estate, Liberty or Life, can be beneficial thereunto. In such case, the Subject is bound to hazard all he hath, and to undergo whatsoever inconveniences or calamities can ensue thereupon, rather the violate the Law, with contempt of that Authority to which he oweth subjection. But if it shall, after such comparison made evidently (or but more probably than the contrary) appear, that the preservation of such a persons Life Liberty or Estate, would more benefit the Church or Commonwealth, than the punctual observation of the Law, at that time, and with those circumstances, would do: It were an unseasonable, unreasonable and pernicious scrupulosity, for such a person to think himself in that case obliged, for the observing of the Law (perhaps but once or twice) with little or no benefit to the public, to ruin himself, whereby to render himself unuseful and unserviceable to the public ever after. To bring this discourse home, and to apply it to the business now under dispute: Suppose we, ten, twenty, or an hundred godly Ministers, well affected to the established Liturgy, and actually possessed of Benefices with charge of Souls to them belonging, should think themselves in conscience obliged to use the whole form of the Book, as is by the first appointed, without any addition, omission or alteration whatsoever, and should notwithstanding the present conjuncture of Affairs, unresolve to use the same accordingly; it would be well considered, what the effects and consequents thereof would be. Besides other evils these three are visible, which must all avoidable follow, one upon another, if any body shall be found (as doubtless within a short time there will be found some or other) to inform and prosecute against them. 1 The utter undoing of so many worthy persons, fit to do God and his Church service, together with all those other persons that depend upon them for livelihood; by putting the fruits of their Benefices whereby they should buy themselves Bread, under Sequestration. 2 The depriving those persons of the opportunities of discharging the Duties that belong unto them in their Ministerial Calling; in not permitting them after such Sequastration, to teach or instruct the people belonging to their Charge or to exercise any thing of their Function publicly in the Church. 3 The delivering over the Sheep of Christ, that lately were under the hands of faithful Shepherds, into the custody of ravening Wolves; when such Guides shall be over the several Congregations, as will be sure to mis-teach them one way or other: viz. either by instilling into them Puritanical and superstitious Principles, that they may the more securely exercise their Presbyterian tyranny over their Judgements, Consciences, Persons, and Estates: Or else by setting up new Lights before them, to lead them into a maze of Anabaptistical Confusion and Frenzy. These Consequents are so heavy to the Sufferers, so certain to ensue upon the use of Common Prayer; and so much without the power of the Lawgivers (in this state of Affairs,) either to remedy or prevent: That it is beyond the wit of man to imagine, what benefit to the public can accrue by the strict observation of the Act, that may in any proportion countervail these mischiefs. In which case, that man must needs suppose a strange austerity in the Lawgiver, that dares not presume of his consent, to disoblige him (for the time) from observing the same. It would be also well considered, whether he, that by his overnice scrupulosity runneth all these hazards, be not (in some measure) guilty of his own undoing, deserting his Station and betraying his Flock: and do not thereby lose much of that comfort, which a Christian Confessor may take in his sufferings, when they are laid upon him by the hand of God, and not pulled upon himself with his own hands. And more I shall not need to say as to that first Objection. 2 SCANDAL. Object. 2. The next thing Objected is, The danger of the SCANDAL, that others might be ready to take at the example: Who seeing the Law so little regarded by such men (men that have Cure of Souls, and perhaps also of some eminency and esteem in the Church, and whose Example will be much looked upon) will be easily encouraged by their Example, to set light by all Authority, and to take the liberty to obey and disobey the Laws of their Sovereigns at their pleasure. But this Objection after we are once well satisfied concerning the former, need not much trouble us. For 1 First, It seemeth a very unreasonable thing, in cases of great exigency (such as we now suppose) that the fear of scandalising our weak Brethren (which is but Debitum charitatis only) should lay upon us a peremptory necessity of observing the Law punctually, whatsoever inconveniences or mischiefs may ensue thereupon: Whereas the duty of obedience to our known Governors (which is Debitum justitiae also, and therefore more obligatory than the other) doth not impose upon us that necessity; as hath been already shown. 2. Besides, Arguments drawn from Scandal, in things neither unlawful, nor (setting the reason of Scandal aside) inexpedient; as they are subject to sundry frailties otherwise, so are they manifestly of no weight at all, when they are counterpoised with the apparent danger of evil consequents on the other side. For in such cases there is commonly equal danger (if not rather sometimes more) of Scandal to be taken from the Example the quite contrary way. We may see it in debating the point now in hand. It is alleged on the one side, that by laying aside the use of Common Prayer, men that are not over-scrupulous will be encouraged to take a greater liberty in dispensing with the Laws (to the despising both of Laws and Governors) than they ought. And why may it not by the same reason be as well alleged on the other side, that by holding up a necessity of using Common Prayer, men that have tenderer Consciences may be induced to entertain Scruples (to their own undoing, and the destruction of their people) when they need not? 3 But that in the third place, which cometh up home to the business, and taketh off the Objection clearly, is this That in judging cases of Scandal, we are not to look so much at the event, what it is or may be, as at the Cause whence it cometh. For sometimes there is given just cause of Scandal, and yet no Scandal followeth, because it is not taken: Sometimes Scandal is taken, and yet no just cause given: And sometimes there is both cause of Scandal given, and Scandal thereat taken. But no man is concerned in any Scandal that happeneth to another, by occasion of any thing done by him, neither is chargeable with it, farther than he is guilty of having given it. If then we give Scandal to others, and they take it not, the whole guilt is ours; they are faultless. If we give it and they take it, we are to bear a share in the blame as well as they; and that a deeper share too; (Vae homini: Woe to the man by whom the offence cometh, Matt. 18.7.) But if they take offence when we give none, it is a thing we cannot help, and therefore the whole blame must lie upon them. Wherefore, if at any time, any doubt shall arise in the case of Scandal, how far forth the danger thereof may or may not oblige us to the doing or not doing of any thing proposed: The resolution will come on much the easier, if we shall but rightly understand what it is to give Scandal, or how many ways a man may become guilty of scandalising another by his Example. The ways as I conceive are but these four. 1 The first is, when a man doth something before another man, which is in itself evil, unlawful, and sinful. In which case, neither the the intention of him that doth it, nor the event as to him that seethe it done, is of any consideration. For it mattereth not whether the doer hath an intention to draw the other into Sin thereby or not; neither doth it matter whether the other were thereby induced to commit Sin or not. The very matter and substance of the action being evil, and done before others, is sufficient to render the Doer guilty of having given Scandal; though neither he had any intention himself so to do, nor was any other person actually scandalised thereby. Because whatsoever is in itself, and in its own nature evil, is also of itself and in its own nature scandalous and of ill example. Thus did Hophni and Phineas the Sons of Eli, give Scandal by their wretched profaneness and greediness about the Sacrifices of the Lord, and their vile and shameless abusing the women, 1 Sam. 2.17.22. And so did David also give great Scandal in the matter of Vriah, 2 Sam. 12.14. Here the Rule is, Do nothing that is evil, for fear of giving Scandal. 2 The second way is, when a man doth something before another, with a direct intention and formal purpose of drawing him thereby to commit Sin. In which case, neither the matter of the Action, nor the Event is of any consideration. For it maketh no difference (as to the Sin of giving Scandal) whether any man be effectually enticed thereby to commit Sin or not: neither doth it make any difference, whether the thing done, were in itself unlawful or not; so as it had but an appearance of evil, and from thence an aptitude to draw another to the doing of that (by imitation) which would be really and intrinsically evil. The wicked intention alone (whatsoever the effect should be, or what means soever should be used to promote it) sufficeth to induce the guilt of giving Scandal upon the Doer. This was Jeroboam's Sin, in setting up the Calves with a formal purpose and intention thereby (for his own secular and ambitious ends) to corrupt the purity of Religion, and to draw the people to an idolatrous worship: For which cause he is so often stigmatised with it, as with a note of infamy, to stick by him whilst the world lasteth; being scarce ever mentioned in the Scripture, but with this addition, Jeroboam the Son of Nebat, that made Israel to sin. Here the Rule is, Do nothing, good or evil, with an intention to give Scandal. 3 The third way is, when a man doth something before another, which in itself is not evil, but indifferent, and so according to the Rule of Christian liberty lawful for him to do or not to do, as he shall see cause, (yea and perhaps otherwise commodious and convenient for him to do;) yet whereat he probably forseeth the other will take Scandal, and be occasioned thereby to do evil. In such case, if the thing be not in some degree (prudentially) necessary for him to do; but that he might, without very great inconvenience or prejudice to himself, or any third person leave it undone: he is bound in charity and compassion to his Brother's Soul (for whom Christ died) and for the avoiding of Scandal, to abridge himself in the exercise of his Christian liberty for that time so far, as rather to suffer some inconvenience himself by the not doing of it, then by the doing of it, to cause his Brother to offend. The very case which is so often, so earnestly, and so largely insisted upon by Saint Paul. See Rom. 14. 13-21. Rom. 15. 13. 1 Cor. 8. 7-13: and 9.12, 15, 19-22: and 10. 23-33. Here the Rule is, Do nothing, that may be reasonably forborn, whereat Scandal will be taken. 4 The last way is, when a man doth something before another, which it is not only lawful, but (according to the exigency of present circumstances) pro hic & nunc, very behooveful, and even (prudentially) necessary for him to do: but forseeth that the other will be very like to make an ill use of it, and take encouragement thereby to commit Sin, if he be not withal exceeding careful, as much as possibly in him lieth, to prevent the Scandal that might be taken thereat. For, Qui non prohibet peccare cum potest, jubet. In such case, the bare neglect of his Brother, and the not using his uttermost endeavour to prevent the evil that might ensue, maketh him guilty: Upon which consideration standeth the equity of that judicial Law given to the Jews, Exod. 21.33, 34. which ordereth, That in case a man dig a Pit or Well, for the use of his Family, and looking no further than his own conveniency, put no Cover upon it, but leave it open, whereby it happeneth, his Neighbour's Beast to fall thereinto and perish. The owner of the Pit is to make it good, in as much as he was the occasioner of that loss unto his Neighbour; which he might and ought to have prevented. Here the Rule is, Order the doing of that, which may not well be left undone, in such sort, that no Scandal (so far as you can help it) may be taken thereat. To apply this, The thing now under debate (the action proposed to present enquiry) is, The Laying aside of the Common Prayer Book enjoined by Law, and using instead thereof, some other Form of Church Service of our own devising. And the Enquiry concerning it is, Whether it may be done with a good Conscience, in regard of the Scandal that is given, (or at least) may be taken thereat; yea or no? Now for as much as in this Enquiry we take it for granted, that the thing to be done is not in its own nature and simply evil, but rather (in this state of affairs) prudentially necessary; and that they who make scruple at it upon the point of Scandal, have not the least intention of drawing either the Laws into contempt, or their Brethren into Sin by their example: It is manifest that three of the now mentioned cases, with the several Rules to each of them appending are not pertinent to the present enquiry. But since the last of the four only proves to be our case; we have therefore no more to do for the settling of our Judgements, the quieting of our Consciences, and the regulating of our practice in this affair, then to consider well what the Rule in that case given, obligeth us unto. Which is, not to leave the action undone, for the danger of Scandal, (which besides the inconveniencies formerly mentioned, would but start new Questions, and those beget more, to the multiplying of unnecessary scruples in infinitum:) but to order the doing of it so, that (if it were possible) no Scandal at all might ensue thereupon, or at leastwise not by our default, through our careless or undiscreet managery thereof. Even as the Jew that stood in need to sink a Pit for the service of his House or Grounds, was not, for fear his Neighbour's Beast should fall into it, and be drowned, bound by the Law to forbear the making of it; but only to provide a sufficient Cover for it, when he he had made it. The thing then in this case, is not to be left undone, when it so much behoveth us to do it: but the action to be carried on (for the manner of doing, and in all respects and circumstances thereunto belonging) with so much clearness, tenderness, moderation and wisdom (to our best understandings) that the necessity of our so doing, with the true cause thereof, may appear to the world, to the satisfaction of those that are willing to take notice of it; and that such persons as would be willing to make use of our example to do the same thing, where there is not the like cause of necessity, may do it upon their own score, and not be able to vouch our practice for their excuse. Which how it may be best done for particular directions, every charitable and conscientious man must ask his own discretion: Some general hints tending thereunto, I shall lay down in answering the next Objection (where they will fall in again not unproperly) and so stop two Gaps with one Bush. 3 SCHISM. Object. 3. The last Objection is that of SCHISM. The Object●rs hold all such persons as have opposed against either Liturgy or Church-government, as they were by Law established amongst us within this Realm, for no better than Schismatics: and truly I shall not much gainsay it: But then they argue. That for them to do the same thing in the public worship of God, that Schismatics do, and for the doing whereof especially it is that they justly account them Schismatics; would (as they conceive) involve them in the Schism also, as partakers thereof in some degree with the other; and their Consciences also would from Rom. 14.22. condemn them, either of Hypocrisy in allowing that in themselves, and in their own practice, which they condemn in others, or of uncharitableness in judging others as Schismatics, for doing but the same thing which they can allow themselves to practice. For all that such persons as they call Schismatics do in this matter of the Church Service, is but to leave out the Church's Prayers, and to put in their own. Or say, this should not make them really guilty of the Schism they so much detest; yet would such their symbolising with them seem (at least) a kind of unworthy compliance with them, more than could well become the simplicity of a Christian, (much less of a Minister of the Gospel,) whose duty it is to shun even the least appearance of evil, 1 Thess. 5.22. Besides that by so doing, they should but confirm those men in their Schismatical Principles and Practice. This Objection hath three Branches. To the first whereof I oppose the old saying, Duo cum faciunt idem non est idem. Which although spoken quite to another purpose, yet it is capable of such a sense as will very well fit our present purpose also. I answer therefore in short, That to do the same thing that Schismatics do (especially in times of confusion, and until things can be reduced into better order, and when men are necessitated thereunto, to prevent greater mischiefs,) doth not necessarily infer a partaking with them in Schism: no nor so much as probably, unless it may appear, upon probable presumptions otherwise, that it is done out of the same Schismatical Spirit, and upon such Schismatical Principles as theirs are. The other two Branches; (viz. That of seeming compliance with Schismatics; and that, of the ill use they may make of it, to confirm them in their Schism) do upon the matter fall in upon the aforesaid point of Scandal; and are in effect but the same Objection, only put into a new Dress: and so have received their answer already. And the only remedy against both these fears (as well that of Scandal, as this of Schism) is the same which was there prescribed: even to give assurance to all men, by our carriage and behaviour therein, that we do not lay aside the Common Prayer of our own accord, or out of any dislike thereof; neither in contempt of our rightful Governors, or of the Laws; nor out of any base compliance with the times, or other unworthy secular own-ends; nor out of any Schismatical Principles, Seditious Design, or innovating Humour: but merely enforced thereunto by such a necessity as we cannot otherwise avoid, in order to the glory of God, and the public good: for the preservation of our Families, our Flocks, and our Function: and that with the good leave and allowance (as we have great reason to believe) of such as have power to dispense with us and the Laws in that behalf: This if we shall do bona fide, and with our utmost endeavours, in singleness of Heart, and with godly discretion; perhaps it will not be enough to prevent, either the censures of inconsiderate and inconsiderable persons, or the ill use that may be made of our example, through the ignorance or negligence of some; (scandalum pusillorum;) or through the perverseness and malice of other some (scandalum Pharisaeorum, as the Schools term them:) But assuredly it will be sufficient in the sight of God, and in the witness of our own Hearts, and to the Consciences of charitable and considering men, to acquit us clearly of all guilt either of Scandal or Schism in the least degree. Which we may probably do, by observing these ensuing (and such other like) general directions: (the liberty of using such meet accommodations, as the circumstances in particular cases shall require, ever more allowed and reserved,) viz. 1 If we shall decline the company and society of known Schismatics, not conversing frequently and familiarly with them, or more than the necessary affairs of Life, and the rules of Neighbourhood, and common Civility will require: Especially not to give countenance to their Church Assemblies by our presence among them, if we can avoid it. 2 If we shall retain as well in common Discourse, as in our Sermons, and the holy Offices of the Church, the old Theological and Ecclesiastical terms and forms of speech which have been generally received and used in the Churches of Christ, which our people are well acquainted with, and are wholesome and significant: And not follow our new Masters in that uncouth affected garb of speech, or canting language rather (if I may so call it,) which they have of late time taken up, as the signal distinctive and characteristical note of that, which (in that their new Language) they call the Godly Party, or the Communion of Saints. 3 If in officiating we repeat not only the Lords Prayer, the Creed, the ten Commandments; and such other passages in the Common Prayer Book, as (being the very words of Scripture) no man can except against: but so much also of the old Liturgy besides, in the very words and syllables of the Book as we think the Ministers of State in those parts where we live, will suffer, and the Auditory before whom we officiate will bear; sigh the Officers in all parts of the Land are not alike strict, nor the People in all Parishes alike disaffected in this respect. 4 If where we must of necessity vary from the words, we yet follow the order of the Book in the main parts of the Holy Offices; retaining the substance of the Prayers, and embellishing those of our own making, which we substitute into the place of those we leave out, with phrases and passages taken out of the Book in other places. 5 If where we cannot safely mention the particulars expressed in the Book, as namely for the King, the Queen, the Royal Progeny, and the Bishops, we shall yet use in our Prayers some such general terms and other intimations devised for the purpose, as may sufficiently convey to the understandings of the people, what our intentions are therein, and yet not be sufficient to fetch us within compass of the Ordinance. 6 If we shall in our Sermons take occasion, now and then, where it may be pertinent, either to discover the weakness of the Puritan Principles and Tenants to the People; or to show out of some passages and expressions in the Common Prayer Book, the consonancy of those observations we have raised from the Text with the Judgement of the Church of England: or to justify such particular passages in the Litany, Collects and other parts of our Liturgy, as have been unjustly quarrelled at by Presbyterians, Independents, Anabaptists and others, by what Name and Title soever they be called, of the Puritan Sectaries. Thus I have freely acquainted you, both with my Practice and Judgement, in the point proposed in your Friend's Letter: How I shall be able to satisfy his or your Judgement in what I have written I know not; However I have satisfied both your desire and his in writing, and shall rest Your Brother and Servant in the Lord. Novemb. 12. 1652. FINIS.