‘ uwr‘xv V...fm».,. fl... ~ I. «A. 44: .. 2. Whether 1f an) Qumtioz permitted pofi- tively, he were net 01 e, who h1mlelf (lands de- priv’d by the Words of that A& > ‘ 3 o Whee Ilse New Ngrzconformifl. 3- Whether. any fiermt’fa’on- bf %nperiogs can avail without fuch a Dil'penfing Power, as them. felves "have denied? ' . 4. Whether if "the Prorogatz’on were not the {ole Reafon of the Opinions of the Lawyers, they would not have advifed the Doé’tor to Preach while the Parliament was Sitting? The Sufiaenfion to which he fubmitted , having Upon more plain Refolutions in Law, than they can-pro ‘duce for their Opinions, expired at the end of fix Months, from the Firli of Augufl; reckon- ing four Weeks, or eight and twenty Days toa Month. ‘ ‘ 5. Whether, if prudential Confiderations War- ranted the Doélor’s forbearing the'Exercife of his Mini/Zr] while the Parliament was Sitting, Pru- dence in regard to the Publick Peace, ought not much rather to have occafioned a farbearance upon the Prorogatiorz? 6. Whether the Lawyerr, who gave the Do- . Etor the Advice, which he followed , were nor fuch as to the lafi'Oppos’d our prefent Settle- ment, upon Sufipofition that this King ought to have been but a egent, or Adminif’trator of Al'— fairs under the Late King.- And by confequence, That neither the prefent Settlement, nor any other TranfaCtions of this Parliament were regular or 0 > ‘ jufi . \ 7. Whether] The New Nomenformifl. 7. Whether this notwithfianding, fome’of ’the Lawyer: whom the Doétor confulted, had not themfelves taken the, new Oaths, after having Sworn Allegiance to the Late King .3 And there- fore, whether the Ddéior did not upon that ac- count either think them to have been Perjur'd, or of Judgments net to be relied on in fuch a Point of Law ? ' ‘ ' If according to the Papifh 'Doéirine of Pro- bability, the Opinion of {0 many Lawyer: might Warrant the Doéior's Afiing accordinglyg Why would n0t their Opinions and Pra&ice as Well prevail upon him to take the Oaths, as being accor- ding to the Laws of this Government, which they are prefum’d to have Studied more than he has done ? - A ’ ‘If it ‘be 'faid , That to take the Oaths , is .a- gainfi his Confcience , but to Preach is not. That fignifies nothing here. The Quefiion being only, Of the Validity and Weight of the Opi- nions. 8. *Whether one of thesLawyer: had not been made a Judg , for Signing an, Opinion for the Le- gality of a Standing Army in the time of Peace; and declaring , That a Perfon under a Parliameg. tar} Impeachment , might be Tryed in the King’: Bench? And whether he did not venture upon - fuch a Try-al, tho it was admitted in the Pleadings, that the impeachment was lodg’d in the Supra»! Court of judicamre .3 And - - The New Noncorzformz'fl. 9 , And whether he'did nm-give fuflicient Proof of his Skill, in faving a Foreign Count, which “ might have been more commendably employ’d in ‘ helping an Englifi Great Man, who at leafl de- 5.11;“ ' ferv’d J'ufiice, and that the Law on his tide {houlJ‘ have. been declared as plainly, as it had been, when the Lord Shafubnr} was Tryed at the Old- Bajlly.a _ .9. Whether another Lawyer’s Opinion may act ' bethoug'nt more 'an efieét of Revenge for a Pub- % lick Mark fet upon him in that Parliament, than i of Judgment? Or, Whether, however, any. thing i but his Place and Countenance ever gave value to “55 his Judgment 2 . - 10. Whether another of the Lawyer: had not maintained, in order to take away Mens Lives, - ‘i That Scribere efl agere, Writing is an Overt-ail: ‘ “‘ of Treafon, within the :5 of E. 3. ? . That though, in the Judgment of feveral Par- liamentr, it has been found needful~ to have tern- porary Laws , to make moms fpoken or-twrit- ten Methane of Treafion, yet no man chat: Doubteb bur mom alum may be Aéis ofTrea- {on within 2.5 E. 3. ~ Than- how manifcfi foever the diflinflion of kinds of Treafon be, within the Satute 5 what- ever therinion of the Lord Coke, or the Cafe of the late, or any former fizbolution, yet no man 3W1? DUUbWD but I; Confpiracy to Levy War IO 13 Car. 2. C.!. v v v .' :33?" fl *. {I 9-. r; ' ‘1. i V ~-"‘-'-’."‘"~“ “ "5373'“? ' ”3" , _ "- _"".gv"'. ; " ‘7 - .v . ' ' .6313: - ... A! ‘ _» / —_ V .: .y..‘ :lzr;,.r.‘_;.-VV~-.--._ - -.*" ‘ I . 9 .5.” «ht-q fin" ‘ <. 'irv: - ‘ , Alt-J . 4 4. -' ' , ' HA1 ” St I ' A\—_ r' ,-,.f . ’ =-;,., ,1 ' mu, m p .7“ 4.». . K. ,1 t In New. Naamfomsp. within that A52. War, is; a Confpiracy againfi the Life of the King, That the Meeting where the Levying War. was difcours’d of, without Proof of the Party’s knowing the end of the Meeting; and a bare Agreement in ether: of? the Compatw to feize Guards not Eflablflhed by. Law, werefiDbettzm‘ within that Statute , in a Perfon againtt whom ‘ no Words or Deeds were pxov’d, exprcfling hi8: Confentto any fuch Matter. And, to crown the whole, That, notwithflané- ding the exPrefs Provifion of the Statute 13 Car; 2. That no petfon {hall incur any of the Pe- nalties mentioned in that Aéi , unlefé he be pro- fecuted with» Six Math, and Wet} within Thtee, after {itch Mention ;~' yet a- Man? might have been. lawfially‘ Pmficuted f0! Treaé (bu, within that A&, after the fix Monti”. To come more particularly to the Qtefiion, it will be requifite to lay before the Reader, 3. 1”“: of the refpefiive Forms of the Ordina- tion of Deacom and Priqfla. II. The difabling Claufe in the Statute of the Quen, enjoyning the Oath of Supremacy. EU. So much of the A& of Uniformity as looks that we} IV”- .And‘ I ., . ., i“, _ W .. NJ ‘ 7- lbw, ’_, 7- , .- .t V NW , 7‘ ‘ ‘ .,. _ . , ~ 2 _ w.“ _ a w ‘ “ J ‘ - ‘r ,uy‘ A‘ “mu-aw . . . m». “1105.. wan; A? . «we - _ . tu‘Wau ,, t3 . V 2, ‘ fl , ytrif’ay ah - : ._“:.3§ es: 3: gipfgfifge; ,‘t , t ¥"'.“":Hyzfij$‘e‘7'\v‘ 1* z. y. -_ « .H I It ‘2‘“ ' r .. .. ‘ra—p-a-r' ' , ; .31 . 1 t , * ’ ‘ . use New Mammy.” 1V. And that fomuob or the Ian Aft for the / _ Oat/u, as concerns the prefentcafe. 1, TheFormof“ Ordaining— a Deacon, has thcfe__ , words : t , . maria thou autumn; to mean the (Bowel m . we ward; of (1500, "am: to Preach the fame, if thou be theme Licenled by the 3"va? ’ him!" . The Form of Ordaining a Priefl, has theft:~ words : mate thou antiquity to Preach the mom of $011 , am: to gamma: the 19019 gag traumas: m the (mangrzgatmn ,‘ mum Lang malt he awfully «appointeb time: 2. The Statute I Elia. has this Claufe: 35? any atgbsbitbop, 2mm, 0; other 03:: deaaftical Officer 0; Mmifler, than peremptn: It“? oz‘obaiuateip refute to take 0; meme the FMD 9PM)? be than Forfeit amt i223”: only bunny; 1W 'flgtfe, all ant: entry @cciefiaftts cal 3:10 fii‘mmual momentum )fimefice, am: otmr fiDt’fife, am: the mboie mm, am gamut, aub Encumbgncy, in warp gm; 2 go: 1 Eliz. c. I; I2 The New Nontmformi/i . f . iBzomott'on, wenefice, ano other abffice, as ‘4 Car.z.c_.x4. agatnitlfuch, iaetfon only, to refitting,- one am has We, than clearly ccale, am he __ void, as tho the Party {0 refuting, were dead. 3. The A6! for Unifotmity 14. Car.'2. "pr'o'v'ides, what eoe‘e‘p 19mm; meat," ogothet 919:2 m’aet mha tfoebet, whoat that time hao ano wJoteo any afitclefiaftttal lhenefice 0;: 19m: ' motion, within this iBeaIm of England, at 3918CE5 there mentioneo , (hall no as to thereby appomteo , befoze the \afeaft of fit. Bartholumc‘w, 1662,. “33011138111 that all Iano ebew tuch perfon who than mythout .Iamfugbampeoiment, .to be, at: omen anb' app: «aflibh theaomna; ' 17? ot" the some ) ueg’tert' o; refute to no the fame within the time afozefatjo, “o2 ’mithtn a 919mm after the Simpeotment temob’n , that! ipfo man, ,he aeepno’o of all his mammal 19gomottona. gun that zaeflons after that tune to' he put mto any QEchcfigfh'caI Bencfice 9; Promotion, than on as to thereby reautreo. int/thin @Lmo wontha next after he ,lhall he in actual abofl'effion of the (am Barncfice oz Promotion, upon the fame wenaltp. It alro provides, fitbat 199110113 not Epif} cooally Ordained , that! be utetw otfableb, ano ipfo faéto immibeo of manages, - attatagea, - ' / The New 'Nomonformi/f; (Hitatagee, afienefites with (mate, a; other A @ttIeft’aftttaI, panmott’on, And Farther, mm m pervert [hall he fut: feten to Preach as Lefiurcr, oz to Preach Or Read any Sermon or ,Léflurt, Int-let‘s he be )‘Lt’tenfeh Mime Wilbtmflp, 0‘2 dfiuarm'an cf the §p¢ ritualtieas am in. the pzefente of the Earth: . Whey, 0.; tia'satm’anxreah‘the Jame ant: flhtrth Qttztiee , truth a aeetlatatt’on of his unfeigtlgd Afltut and Confeut to “)8 . flab that ehew petfen who then that; ‘02 aftet that 81'0th he Liceui‘cd, the fttft ‘ time he pzeathes,,hefoge his éetmon, that! openly, habitual? ,_ anb folemnw team the ' arommenaazaget to he, teah to; that time of the have am then aha thete publtthty - anb twenty bet/late hte Qflent unto, aha appzdbatton of the fatnfifimh, ant to the are of the Mayer's , 18m; am: «revenge; mes, atoms am: fiDzbets therein cantata: eh anb pzeftttheb. am: If he neglect o; - refute to, no the fame, [hall from themes fatthhe btfahieb to 192%!) the rain, 02 any othet ban-'6 0; Samoa, in the, faib, 0; any othet athutth, channel, ‘ 0; any other image of Publick,Wmfhip, till he DO a5 afoze; at . 911D If he 1922a“). hating futh zettabttis tp2 [hall [utter time wontha Empgtfonment ~ mtthout 73ml 0; watnmm. . 4.. The .133 f' ‘0‘ 14’ 1W.8c M. ‘ nee New Neeeeefenea '4. The ‘A& for Abrogating the 03:15.0me premacy and Mlegiance’, and appointing other Oaths, Provides Ebatali 192150115 (Dam? than may concerning mbom other 1930: emote than be main: in that at: , oz in any otbev at: of that getfiona 'of agatliae meat) that (ball afzer that tune be $36 ' mitten into any Office 0; Employment Ec- clefiamcal , 02 Civil, a; come into any «a» vanity , in refyect , oz by teafon when»: of they mouth babe been antigen to ‘ take the ghzogateb swaths of allemance ann ngmacy,fljau upon negleét 9: tefufal‘ of the new flDatbs incur , emu {table to the Names, fozfee’tures , imfabtuttea, ann Encapacm'ea , g, by any owet §tatute minutiae: *"oz‘upou.m;ect, 03 new This (312qu related only to them, who would come into Ofim- aftet the making the Statute. . Anathet provides for finch as the» enjoyed any Ec- lefiaflical Ofim5 in thefe Wards, . flab be it {nether matters by the flue enemy ainzetaw , mm 1f . any may 23mm! 9 oz 73mm, 03 any ether. 19w fun, not). babmg any maeaam’cal Dig- mty, Betzehce, DZ Promonon, mall "amen m refittetotahetbe W51)? this got ammten to be taken 111 fuel; mannet as by CD15 at: :5 lumen , befoge Wig? - 1’ The New Nanonfirm'fli my. 0f All-EUR, in the the gem: 1689, mg m. tum 39211201: arm 92:50:15 in neglects}. mg, oz refuting, WI be , am is, am: are Imam: %eclareb , amt gramme?) to [be gufpgnbzh from the afixecuttpn of has , oz mm Office, by me time at“ {0: 99mm, in he accaunten {rpm we fayn am My: ‘nfi Anew. am if, tm fat-D Writer: ,1. a; mutate. , (to bghmg- mglecteb— oz refit-a tea) than, not mtpm tbg Egan of $67: months; take: me mm: maths}, mt tuciymam 1121:, cream a: We; as they omgijttm: 3am taken the. fame twinge the tam that. mug- of Au gwt ? mam 11g 02 they wait but 1 p19 £2610, impztheb 5’ mm w; @110 are hymn! mammal} to be %emtheh of me a; bum: EM:- fives Manama, » Mgm’téw, am: Momma: mm. fiesta-Mica. I macaw: it will. appeal: upon Confidemibmofi 't-he Fows-oférdiaatiop, the fevexal Clanfizs of the. ' abovem'fintion_£di St at um, and. the Circumflances of." the Cafe and/llama, That if the War were not within-the Sta-4 tnte. LW. 8< M; hamly upon the; Mamet: of his . Leame, yet that he was fo beyond Difpute, as he: had a Dignity and Benefi'ce’ Ecclcfiaflical 5 being at the “king q'f' the A6}; ‘Majler of the Tangle, and: Rtfior of a, 'Patiih-Chutchq . 2. The Sufpenffon' Was not only in litt'qwa; Nature, but 0f the DOfiOtfs admitting, a Sufi‘agnm ' ' \ Iona '16 . -‘ fig '5‘. ' ‘ a x The New Nonconformifl‘. (ion from the .Exercife of his Function or Oflice * of a Minifierg otherwife he was guilty of a notori- °“9 neglefi'of his Duty, in not Preachingfany-whcre during the time of the Sufpeufion. - 3. The Deprivation is as extenfive as "the'Suf. pen/ion was; the only difference being in the pro- priety of expreflion .3 it not being proper to fay that a Man is Deprived of the Excitation of an Oflice, though he may well be (aid to be Depth ved of the Capacity to execute; which is the Of-' fire, and to be f'ufpended from the'Execution : But a‘ toral Incapacity or Difability to Execute, naturally and legally followsa Deprivation from the Ofice. ' The Refufal till the firfi of Augufl, is, agreed for Six-Months; to :filfpnnd 'thergfixecutiqnl of} the-0f- . fire, that is, for To long to forbid ‘P‘e‘ea'émn'g; as" , an Exercife of the Ofl‘ice. But is it to be fuppofed, Thatin the Intention of the Law-makers, an‘ ob- (iinate refufal, after the time given them to confi- der, {hall affefl the Execution of the Ofiice lefé than a refufal before it may be thought obfi'i- nate? Orgindeed, Can a Man be faid legal]; to execute an Office of which the Law has Depria ved him? " , if a Deprivation follows a Sufpenfion, what is that at the firfi view , but a total Difcharge from the Execution P whereas the Sufpenfion was but a temporary one; .- ' The 7726 22%» _Mncénflmizfl. ‘ '- 21,. 'If we have-irecourl'e to the Cam” Law, a deprivation “is ordinarily but the flame with per- petual or indefinite Sufpenfion; and therefore where the C4720): Lam wholly forbids thofe, who mems,-:the Glofs’laysit‘ais proved-by Examples and Authorities, that- after‘ Repentance, they may proprios gram 'admiiz'iffmre, é- ad major“ wig/rem. dare, ‘ “execute What belongs to their proper “ Ordersfifld rife to higher. A perpetual Sufpens- {ion fromthefofice alone, is -a Sufpenfion from the Benefice which is givenifor’ithe‘ 019566; and as ’tis held by Linwood, though it he Temporary, Linwood [55, if it be fora great caufe, it implies aSfifpelnlion from the Benefice ,- and whatever he the Caufci'fiztutzanzbm. and whether & (Jayme, from thewo‘rds-of the Law, or 46 170mm, the Sentence of a pmper Judg, if he who is publickly- denounced fufpended immi- fceat fi'dz'wniy, “ Preach or the like, befOre the Sufpenfionis taken’ofl, he éecame: irregular, that is, isdepriv’d of his Order; and he who is irregular is elléwhere laid to be fufpended 46 aficiz' executione,’ Linwood ‘19 “ From the Execmion of his Office. ,To, fly 0 that he who "is fufpended, if. he aft as a Mim- fler, dude? the Sufpenfion, {hall be fufpended; ‘feems a Bul' : but in truth is, he who acts during a Temporary Sufpenlion {hall incur a perpetual or Indefinite one, that is, be deprived. Where- fore though the Doctor’s {ix Months fufpenlion is determined, his deprivatiOn or indefinite ‘fufpenfion takin place , the Execurion of the Oflice is ill refirain’d , and even 1133’ C we _ . . - , . . . Canon. .162. fall after Ordination,'to.Aom1n1fier the Sacra- , P Q.» .18 The New Noncmformifl. the Canon Law ' he becomes irregular for .Preaching while he lyes under this Re- fltraint. 5. The word Ofii‘ce: in the Statute, is uf‘ed ei- ' ther in relation to feVeral Perfbns refpeé’tively, or rather is intended to take in the feveral 0f"- ficer, or Order: of Churchmen which any Perfon . Di m'fied, Beneficed, or Promoted may be of, as Bifiop, and Prieff or Prerlyter, Prerbyter and Dea- can, or all three, if they are To many dif’tinéi: 0r- den, as fome contend. All agree that an Order in the Church is a. capacity to fbme peculiar Aél’; every fuch capa- city is adiflinél: Oflice; and vice werrci, every di- PtinCt Ofli‘ce is a capacit to a. peculiar Aé’t. Whatever torall or in finitely qupends the Capacity, equally ufpends or affeéts the Ofl'icc, and ' by Confequence the Order : And whatever t0tally fufpends or deprives from the Ofii'ce or Order, e. qually reflrams the Cap/wit} to Execute. No Man doubts but there may be two Order: at leaf}, whoever has either of them has an Oflo'ce, and whatever Office any Clergyman had in the Clmrcb at the making the A61, he is de- prived, that is totally and indefinitely fufpended from the Execcction of it, unlefs he have quali- fied himfelf as the A8; requires. 6. That ‘ L51 3... ._ '1728 New Nonconformifl." . '6. That by Oflt'ce: in the A&, Order: or Funfiz'c om are particularly intended, and not Places 01' ‘ Preferments, appears n0t only in that Oflice: are cxprefl: before and befides them; but whereas the Perfons at the time of the AR fubjeé’t to deprivation, are only fuch as then had ngm'fley, Bengfcer, and Promotion: Ecclefiafliml, the Penal+ ty is made to exrend to the Oflice: as well aS‘to the Dz'gm'tier, Bengficer, and Promotiom. \ 7.1No Man can doubt but the Penalty in rela- tion to fuch as at that time were Dz‘gnified, Be- neficed, or Promoted, was defigned by the Law- makers to attend as far as the Penalties upon them who fhould after that time be admitted into any Office or Employment Ecclefialti- cal. Nay there would féem to be greater need of Caution againi’t them who were in Office then, and might have the pretence of being required to take contrary Oaths now; than againl’c them Who were to come in de now, and after the Go- ' vernment had been longer fetled. But it ap- .. ars by the continuance of the Penalties in the fitut'e 1. Eliz. againfl: fuch as being after that time admitted into an] ofice or employment Eccle- fiaflical, - {hall neglefi‘ or refu/e to take the new Oaths, that every {uch negleé'r’er or refufer is adjuged to forfeit audio/c3111} ofice. And that all his Title, Intere/z‘, and incumbent], [In/1 ceofe and be void 4: much a: if he were dead. C 2 And 20 Linwood de Conflitutioni- b»: fup. Corpus jun}. Canon. dc C n- minibm c. I 6. Soib. p. [70. Hi qui depre- benfi 126’! capi fuerint public: 'Ilée 'Mm Noréconfermijf. . . And in fuch Cafe Lam fure‘. there can. be “ no. exercife of any Fmfiiom ' .' ~ : . - . 8. That I am net mifiaken in flippofing that Ofii’ce reaches the Order, is very plain by the Canon Law. Linwood rays, where a Man incurs a Temporary fuf'penfion for a Crime. if he re-‘ pent within the time, the Sufpenfion: mu I'm/re; dit ordim': Executioner», “ Does not hinder the “.Exewtion of the Order. And {peaking of a Brlhop fufpendecl, lays, Some thingsbelong to the Order, fame to, jyrifa'ifiz‘an; andthat he who is fufpended from the. Office, cannoe do- what belongs to the Ofice, Adminifler theSa- craments, orthe like ; but is net rel’train’d from- Matters of jurj/difliax, where order and afire are manifeflly the fame: and {peaking of irregulari— ty denounced by a Law a ainft one, gui immifi cent It mam, arms n 36 Wt}! during a. Sufpenlion, fays, Sari: ofletdz'tw' fwfle dc meme $Idxemir, quad eflet ' fifpwfm. ab oficio ordiizii. It is plainly enough the mind'of dxeLawmaker, that he Ihould be fulpe‘nded: fi'omthe'afiteof bi: Order. ‘ . _ . :5 7-3.. * The Canon Law provides, That'every Bilbo Presbyter, or Deacon, that takes or keeps a W man, {hall be deprived from his 0156}: and Benefice: which is t here explain’d by Proprio gfldu decidat afgue dun adfitixflflt‘anem Wain, he .{hall be de- in perjurio,farto atque F ornicaticne, {7’ éneri: bujufmofi (timinibw, [300118271 Canaan"! 5'4 . mum in/iirum, 3 proprzo gratin deem. . , . graded, The New Nonconfirmfl. . 21 graded, or fall from his proper Order till, he give ' ratrsfafiion, thatis by penitence; And in the Contents of the Fourteenth Chapter of Crimes, atis Cleriri pofl lapflmz in fair Ordiniéttr . repumri ‘poflunt‘. Clerks after a Fall, or after Penitence, as in the Fifteenth, may be reputed to be in their proper Orders. This Deprivation or Degradation therefore be- ing, as'is before fhew’d moreat large,- but an in- definite Sufpenfion, it removes the great offence which-the Clergy may take at Statutes depriving them of their Olfice, 0r incapacitatizzg themfor dij- widfiodolp/Jin’x Repertorium 0/717 g6 Qf‘ their Bmc‘fim. Canon p "06 - o a 3 0 - - 9. That Reformation of the Ecclefial’tical-Laws, Refbrmatio/ch which was compofed by Two and thirty Diviner, fggffgfijfifi; Civilians, and Others, 6 E. 6. calls Deprivation primumRegi: Dejeifia de dtgnimte,’ a Deieéiion, or Degradati- H- Eda/1045‘ on from the ngnity. Wherefore if the Word 0D”: c2? ’1‘: it” ‘ -. Ofice: would nor: take in the Orders in the Church, at ~ leafl‘ the Ecclefiaflical Dignity expreli in. the Statute does. Wherefore he who does n0t take. the, Oaths thereby required, being adjudged de- privedof bis Ethe/iafiz‘cktl‘Di nitie: ; this, as that: Reformation {peaks of the entence of Depriva, tiOfl, is eHorribile telam infinflm ordinem gramm- Ib. MP- 4-. 6:4on perfommm Ecclefizgflicmm miflum : .“ A “dreadful Dart thrown at the Holy Order or. F102» “ 67km of all forts-Of Ecclefiallieal PerfOns. And .' :2 T772 Néw Nonconform ifl. And that the A8: takes Dignity in the fame Senfe that the Reformers of the Ecclefiaf’t:cal Laws did, appears, in that otherwife it would be defective , and no fuflicient Remedy 'a- gainl’t‘the Mifchief which it manifef’tly intends to prevent : .and a bare Leé’t’urer having no Bene- fice, would n0t be within the A5}, unlefs his place were within the Word Promotion. But it is much rather to be thought, that his Order of Pritfl, or Deacon, is a Dignity, than that a Lei?”~ ier’: Place is a Promotion. And' if they, who at the time of the A&, were only Lefioren, might have liberty of preaching , thou h they are of -an0ther Allegiance,'they may in il as much Se- dition, and yet receive as much Profit under that Government which they oppofe and weaken to their Power, as thofi: who are Benefit-ed. to. Preaching being a Faculty belonging to an Ecclefiafiica Oflice or Order in the Church, the Doctor is bound to be filent , unlefs it be granted that Layne» may preach the Gofi pel. If it be {aid that he has a BifboPDr Licence {ince the Deprivation ; that is not to be prefumed ; for either the Deprivation was as full as a De- ' privation in the Ecclefiaf’tical Court, 45 oficio é’ beneficiomr it wasnor; if it was as full,l hope he will not lay that he might preach, efpecially in the fame Diocefs where he was deprived, till he i were d1... . m._ The New Noncwformfl. were formally rel’tor’d by his Ordinary, or at leal’t had teflified his Repentance :lf it were not as full, then certainly they who thought themfelves ob- liged to degrade or deprive one of their Bre~ tbren; by reafon of an Indiament tranfmitted to them from the King: Rem/a; and that where the Offence, if any, was met within their Canons, and only againf’t one who flood next in Succefli- on to the Crown, ought :to proceed to a fermal Deprivation of one whom they are by a known _ Law bound to deprive, if he be n0t already de- prived, for refuting to {Smear Allegiance to a King and (been in Polleflion. And {ince he prea- ches, as it were, in defiance of the Act, they may {eetn more particularly obliged to vindi- cate the Honour of the Law, at leaf’t to tender him the Oath of Supremacy according to the Power given the Ordinary by the Stat. 5 Eliz. and which the late Statute obliges him to execute. Upon the rerun] of which the Ofi’ice would ceale as much as if the Doctor were dead. Nor could he reafonably complain of this, he havin been one of them who degraded or de— prive Mr. john/on ..; upon which they have Icemed to think him a meet Layman. If the Dr. preach as licens’d fince his Depriva~ tion, he ought, according to the Statute 1 4 Car. 2. before his being licenfied dc now to have read the Nine and thirty Articles, with Declaration of his mfez’gned alfent and calgflwt to them ; and the frrff time. 7-3 2‘4 The New gNon'conformifl; - time that he preacht after fuch Licence to have read the CommoePrajm, and publickly andOpen~ 1y to have declared his ajfmr and con/em unto, and approbation of the Bbok of Common-Prayer, and that as altered with the Names of our pre- lent King and (been inferted. . ' - II. If the. Doétor may preach ‘notwithf’candi- ing the Deprivation from his Oflices, much ra- ‘ ther might the Dzjfemz'ng Mini/2m, who were ' turn’d out by the Eartha/memdc‘f; though that Aé’t dilables and depives them of their Benefices and ' Prometions, and makes itpenal for them to preach, 'unler they qualifie. themfelv‘es as the A63: to- qruires : et it no where torally deprives them of t eir 0 cc, the power of adminiflring the Sa- craments at leafi remain’el :-- And, there might be fome Colour for arguing thatrthe' Oflice could- .not be‘ divided, and that the Office remaining with fome part of the exercife of it outbucht, might draw to it the Other incidents, efpecially in them who did not receive a qualified Authority to preach the Gofpel. ' _ - If therefore it be faid there was a Penalty ani- nex’d to preaching, after Dilability, but hereis none to preaching after Deprivation ; that rather fhews that the Suffering the Penalty anfwers the Law, than that the Penalty confirms the difabi- iity. But if any argue from hence, that the Law which deprives of the Offices, has no Sanfli- on for want of a Penalty; it is to be confidered', - that c. ”‘ ’ \ I ' ' V V . _ a , W ~z ‘ , t X \ The New Mmonformi/L 25 that the De rimtion’is its l'elf a Penalty, and be- fides, the mmon~ Law provides for injiéting and punilhin them who ufurp Oficer, and who a& againfl: t e Prohibition of Statutes. 12. If the Deactwillpreac-h‘ as-a Dzjfmtz'ag Minifler, he may confider, that even: before the ‘ Toleratt'on, thofe of them who weref'nOt Epifco~ pally ordained, might as well as he have ,preach’d in Le&ures, if the; would have qualified them— . ; Iélves ,by. a :Gonfgmit'y to ahew JAE}: 14C; '2; ' And yet if the Doéhor will preach;~‘eithe'r as a Pretender to Hal} 0rdm.- or a Gifted Layman; he is bound by the late A8: to give regular natice where'he will hold his Conventicle; nor can-be Amer T01“ exempted from former Penalties againflzCowexti“ ration,l um. c165, unlefs he take the Oaths which he has .re‘. fuléd;.-»or if he {cruple all Oaths, [blemnb profif: and declare, that be wiflbe true and flit/96d to: King William Md'Qteen Mary, and profefi Faith in God, and in 36f»: Chrifi lair eternal Sort, the true God, and ~ ‘1‘ the Holy Spirit, one God .51:ij for evefmore, 810- t;. It appears by the Form .of Ordaining a Deacon, That he is net to preach as fuch, unlelé liters/Ed by. the~Bilhop; and by that of a Prie/t‘, That'he‘is not to preach in that capacity, but where be 1': lamfu/{y appoiuted titanium). Whereby it appears , that the Authority to preach the Gofpel is not given our Divine: abfolutely, but {“5 made, either as there is a legal Licence remain- ' in force or a lawful Appointment to a place. mg ’ D But 2.6 . ' new» Muc‘ofifonizi/Z. « 3:80: if 5the~Bi€hnpfi= Beanie: one-Mozzfia’nds deprived, and the "Deprivatiqx, as I‘have IbeWn, reaches the 01952;: or. Orders, what» is that but a difpenfing with the Law? And how can a Man be lawfaflyaappoinndgtofpreach, .who' is by _. Law - difabied ?--,'Ehe.~,.fame Law. which appoints the Form of ..thei_0rdination,fadds theqlmli-fication at the time. {And every conforming Minifler de~ clares his affent unto and'approéation of the quali. fication orrefiraint of the Amharity toa‘preach, 2.112. If ‘litegfedr m" {Iuwfmfi'j app-minted; :By . the fine ream tha'fithe Grdm or Oflfiw are fubjefi to? rfuch ta Qualifieation , they . are fub‘jcét to o- 5 thers iron: the like Aurhority’; And whatever .‘a .I ’9 Godolp. Rep. 5 (14h. p. 306. DJdtridge ComplcatPar' {on p. 72. Clergymanofipuz €hur-ehdenies- the Power. of {hie Aflébrto; deprivehim nfih‘is’ Qfic‘e, :efluiemns. ihht