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A52597 The king's authority in dispensing with ecclesiastical laws, asserted and vindicated by the late Reverend Philip Nye ...; Lawfulnes of the oath of supremacy and power of the King in ecclesiastical affairs Nye, Philip, 1596?-1672. 1687 (1687) Wing N1495; ESTC R17198 36,268 70

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to both Houses One Thing more I hold my self obliged to recommend unto you at this present which is That you would seriously think on some Course to beget a better Vnion and Composure in the Minds of my Protestant Subjects in Matters of Religion whereby they may be induced to submit quietly to the Government and most faithfully give their Assistance to the support of it His Majesty did not only express his Purposes for the ease of Tender Consciences but from time to time endeavoured it And first of all by a Declaration Octob. 25. 1660. to all his Loving Subjects of England and Wales concerning Ecclesiastical Affairs mentioning that from Breda dispenseth with the use of divers Ceremonies formerly injoined that were offensive March 25. following he gave Commission to certain Learned Divines to meet at the Savoy and take the Service-Book under consideration to the same purpose May 11. 1661. frees from their Imprisonment such as suffered for Conscience The King and his Parliament happily joined in the same pious End Peace and Union yet differenced in their apprehensions of the Means to procure it which was our great unhappiness The Parliament judged the reducing and rooting out Dissenters by severe Penalties to be the means of Unity in the Church as they tell his Majesty in Answer to his Declaration Pressing the asserting of the Laws and Religion established according to the Act of Vniformity as the more probable means to produce a set led Peace and Obedience throughout the Kingdom Supposing and possibly some of them perswaded thereunto from those that never would distinguish betwixt Conformity and Sedition the dissent of Nonconformists from the present Establishment to be rather from a Spirit of Faction and Disloyalty than Tenderness of Conscience proceeded accordingly The Act of Uniformity was renewed and the Service-Book injoined with no alteration of what was formerly offensive in it but some Expressions of greater difficulty to be digested by those that were Tender and nothing done yet in what his Majesty had promised in way of relief to Tender Consciences Hereupon not only multitudes of faithful Preachers of the Gospel in the several Shires of this Kingdom were put from their Imployment but also the Minds of Men much disturbed and filled with hard Thoughts and Jealousies upon this Account Insomuch that his Majesty was inforced to publish that Declaration of Decemb. 26. in which he expresses the Surmises of the People occasioned by this Severity thus That having made use of such solemn Promises from Breda and in several Declarations since of Ease and Liberty to Tender Consciences instead of performing any part of them we have added straiter Fetters than ever and new Rocks of Scandal to the Scrupulous by the Act of Vniformity To this Surmise and Jealousy his Majesty condescends to make Reply thus As concerning the Nonconformance of our Promise We remember well the very words of those from Breda repeating the words and the Confirmations we have made of them since upon several Occasions in Parliament and as all these Things are still fresh in our Memory so are we still firm in the Resolution of performing them to the full But it must not be wondred at since that Parliament to which those Promises were made in Relation to an Act never thought fit to offer us any to that purpose The House of Commons took his Declaration into consideration and represented to his Majesty divers Objections against it and laid it aside so that nothing was effected thereby to his Majesty's Purpose the Parliament being otherwise minded and certainly it is not only their Liberty but Duty to proceed in reforming Abuses by such Means as are in their Perswasion most suitable and likely to be effectual otherwise they could not be faithful in their Trust Greater Severities against Nonconformity are provided in several Acts upon occasion as the Act against private Meetings 16 Car. 2. The expelling Ministers five Miles from Burrough Towns 17 Car. 2. Especially that Act of 22 Car. intituled An Act to prevent and suppress Seditious Conventicles An Act very high and heavy in the Penalties expressed both upon Ministers and People his Majesty notwithstanding condescended to give his Royal Assent to that Bill It being judged this Severity was taken up by them from good Intentions and as the likeliest means of Peace and Union as also if it proved not to be so that they might be yet more fully convinced of the Insufficiency of such a way having had hitherto for some Years experience how little effectual it hath proved Yet this Bill containing nothing for substance but what was proper to his Ecclesiastical Power being an ordering the Externals of the Church and nothing of immediate Concern in Civil Affairs in the whole Act And his Majesty having intentions to take the other Course if this of Severity effected not what was aimed at a Proviso is contained in the Act in these words Provided also that neither this Act nor any thing herein contained shall extend to invalidate or avoid his Majesty's Supremacy in Ecclesiastical Affairs but that his Majesty and his Heirs and Successors may from time to time and at all times hereafter exercise and enjoy all Powers and Authorities in Ecclesiastical Affairs as fully and amply as himself or any of his Predecessors have or might have done the same any thing in this Act notwithstanding As this Act of 22 Car. 2. was very strict and severe in it self so the execution of it was with much Violence and Rigour in most parts of the Nation there being Provision made in it such as even loose and indigent Persons may intrude themselves in the promoting thereof with encouragement not only of their Lusts gratified in persecuting those they so much hate but their Necessities supplied from large Rewards for the same Having Power given to inform against Justices Mayors Constables and such as are intrusted in the Execution hereof who are under great Fines and Penalties for Omissions limited in this Act and the Informer to have a Moiety hereof himself Insomuch that by the rigorous execution of it thousands of his Majesty's good Subjects were utterly ruined Persons industrious and diligent in their Callings driven from their Habitations their Houses broken open their Goods imbezeled the Materials of their Trades the Tools they wrought with and the Beds they lay upon seized and sold Trade every where decayed Rents of Land fallen Poverty coming on like an Armed Man Persons haled from these Meetings for the Worship of God through the open Streets to Prisons being of the same Faith with us and so peaceable and unblameable in their Conversation as that nothing could be objected against them but in the Matters of their God nor for any thing upon that account but their endeavouring to practise as those Reformed Churches we our selves own for such and hold a Brotherly Communion with as the true Churches of Christ The Nation generally being thus distracted and distressed those in Power
a Common-Wealth Common Justice the Proprieties of Men c. 1. To the first His Majesty or any of his Predecessors hath not at any time in any Statute or Law that concerns these Ecclesiastical Matters by any such special Words bound up himself but rather the contrary as in those two Acts wherein more especially our Affair lieth That for Uniformity where the dispensing with that Statute granted to Strangers by sole Prerogative-Authority is justified And the Act of 22 Car. 2. by the Proviso there inserted the Parliament seems to induce his Majesty's Assent in the recognizing of his Prerogative so expresly in that Act as if they spoke thus Though this Act be very Severe yet if it be found prejudicial or not to attain the End for which we judg such Severity to be requisite it is an Ecclesiastical Affair and your Majesty may when you please dispense and exempt Persons from it 2. There is nothing transacted in these Ecclesiastical Affairs by the Civil Magistrate and as depending on his Authority but such Matters as in the sense of our Law are things materially indifferent and therefore not Malum in se they do not bind the Conscience of the Subject in the nature of them considered in themselves Q. Eliz. Advertisements 1569 Preface the keeping or omitting of a Ceremony in it self is but a small thing yet the wilful and contemptuous transgression and breaking a common Order c. So that these Precepts concerning Ecclesiastical Matters oblige not in their own Nature as what is either Bonum or Malum in se but as prohibited or commanded 3. Civil Rights and Claims and in Temporal Things only are of the immediate and intrinsick Concern and Interest of all Republicks Dominium non fundatur in Gratiâ if the just claim of a Prince may not be interrupted upon the account he is of this or that Religion or Perswasion nor may a Subject be justly Banished Imprisoned Confiscated or Ruined upon the meer account of Religion or because his Conscience is not cast into the same Mould with the Prince or present Establishment SECT 3. QUEST III. Religion and the Worship and Service of God being the great Concernments of a Nation Is it not then to dispence with the Penalties in Ecclesiastical Laws too great a Trust to be reposed in any one Hand Answ 1. In what sense Religion is the Concern of a Civil Republick 2. The Nature of this Trust 1. The Moment or Weight of a Matter in our deliberation hath its proportion either as under an absolute or respective Consideration Wisdom is better than Riches in it self but not in relation to the support of present Life the Knowledg of God and Divine Things is better than to know the Virtue of Drugs and Plants but not so in respect to the study of Physick so Religion and the Worship of God is the chiefest and better part in it self considered but in its respective Consideration as to the faculty of a particular Person to a Community of Men for the advance of Civil Affairs There are other Qualifications and Inducements of greater consequence and more directly and immediatly tending to the being or well-being thereof That there be no Mistake in this great Concernment I further distinguish There cometh under the Notion of Religion the Holiness and Righteousness that is of the Moral Law Principles whereof are in all Mens Natures and attend in their Actings by a natural Conscience 2. Gospel-Duties directed and ordered by a Supernatural Light no Foot-steps or Principles hereof are found in us For the former Religion in that sence as the Knowledg of God Conscience of an Oath Justice and Righteousness in our Dealings c. are such Things wherein the Well-being of Common-Wealths is much concerned But Religion as it stands in the exerting Supernatural Principles and in Duties termed the Commandments of Christ as the other the Commandments of God John 15. as Faith Repentance Sacraments Discipline and the like Gospel-Ordinances In the Duties under these Heads considered and as distinct from Moral Duties there is little or nothing directly and immediately contributed by them to Mens Civil Interests further than where these Supernatural Vertues are planted in Mens Minds the Moral Duties of Piety and Honesty do more plentifully abound and are in exercise As those Morals do more immediatly concern the Republick so the Laws thereof are principally drawn forth out of them especially Second-Table Duties forming and moulding them into municipal Laws under Penalties and Incouragements greater or less as in the Wisdom of a State may conduce most to the Welfare thereof For these Gospel-Mysteries it 's otherwise for as they contribute little to us in our Civil Government otherwise than as before mentioned so is there little contributed by the Wisdom or Authority of any State advantagious to the Gospel but Protection or being a Defence upon this Glory Learned Bishop Bilson states it well Princes saith he command that which Christ the Sovereign Lord and Head of the Church commandeth which is all the Power we give to Princes Of Supremacy pag. 227. And in the Page before thus By Governors in Ecclesiastical Matters we do not mean Moderators Prescribers and Magistrates bearing the Sword to permit and defend that which Christ himself first ordained and appointed But to return If Adam had stood all Common-Wealths would have been prosperous and flourishing and yet no Christ no Faith nor Repentance nor any Gospel-Worship known or practised And since the Fall you have had well-governed Common-Wealths of Turks and Heathens that never received Christ or Gospel-Worship It is with States as it is with particular Persons in converse another Man's Estate or Trade or Credit or any Civil Concern with whom I have to do is not prejudiced or bettered by my omission or practice of what is a meer Gospel-Duty If a Man I deal with be unjust lie steal c. my worldly Interest is prejudiced hereby but whether he repent for this exercise Faith on Christ for Forgiveness and humble himself I am neither a gainer nor loser hereby in the sense we speak of Now it is Gospel-Worship we profess in this Nation Gospel-Religion If the Duties themselves performed are of no greater consequence in respect to Persons with whom we converse or the Civil State where we live the Modes Forms and Ceremonies of such Worship cannot be of such moment or trust in the manage of them And let me add much less can there be any such special advantage to our State-Concernments in this or that particular external Form of Worship or Government that it should be retained by us with so much Zeal and Contention which evidently appears in this how prosperous and flourishing hath this Nation been in their Civil Concerns under Episcopacy set Liturgies Ceremonies c. and as great prosperity in other Christian Republicks where these have been altogether disallowed Nor is this any dishonour to the Gospel more than to the Kingdom of Christ when it
was said not to be of this World or to his Person or Offices that they contribute no more to the setling of Civil Rights and Interests Luke 12.13 or to Gospel-Weapons which being Spiritual and not Carnal have no Edg to cut off Mens Liberties Estates or Lives 2. The Nature of this Trust The Laws and Institutes by which these Ecclesiastical Matters are to be managed are appointed and established for Substance by the Wisdom and Authority of that one Law-giver Christ Jesus The Application of these Laws in respect of Circumstances for the well and comfortable enjoying Gospel-Ordinances is all that any Humane Wisdom hath to do in them the Trust whereof may be placed in the Hand of a wise and prudent Prince Again There is liberty of an after-Judgment to be made by him that is to practise in what-ever is of the Concerns of Religion commanded by Men. Thence such Laws require not such simple and peremptory Obedience if conformable to those Rules required in the Word Obedience thereunto is with respect to God as well as Man if otherwise that choice ought to be left to the Subject which the Apostle claimed Acts 5.29 Although Matters of Religion and the Concerns of it be great Things considered in themselves and accordingly is the Trust yet what of it falleth under the Hand of a Civil Power considered in it self is not so Because the greatness of this Trust sticks generally in Mens Minds especially when in the disposal thereof it depends upon the Will of one Man. To remove this or the like Stumbling-block we will suppose failings in the management of the Trust as great as rationally can be imagined 1. Suppose his Majesty should refuse either by Himself or Parliament to enjoin any thing of Ceremony or Circumstance about these Ceremonies and Externals the Worship and Service of God. Or 2. suppose he should dispense with all Injunctions and leave the People of God to their Liberty in the observance of them the Premisses last mentioned being considered there can be no great prejudice to the Common-Wealth or Civil Affairs thereby Distinctly we shall weigh each of these 1. For the former If the keeping or omitting of a Ceremony in it self considered is but a small thing as we mentioned before and of such a nature as although at first 't were of Godly Intent and purposely devised yet at length turned to Vanity and Superstition and burdened Mens Consciences without cause c. as we our selves acknowledg See Preface to Common-Prayer Book And of the same condition are most of those Impositions which have proved burthensom to the Nation a long time and if so the not imposing of these things cannot be prejudicial to Church or State. Not to the Church if these Directions for Gospel-Worship in the external Circumstances of it were not reduced into Canons and Injunctions but left where they are to be taken up in practice according to the Light of the Age as are gospel-Gospel-Duties of great Consequence Those Scriptures by which States profess themselves to be guided in the forming of these Ecclesiastical Laws are intrusted also in the Hands of his Gospel-Ministers for their conduct and direction in ordering Gospel-Affairs who have Gifts and Assistances from Christ in such a measure and degree as cannot be expected in the ablest Statesman as such And the Ecclesiastical Laws are never so well ordered by Civil Powers as when they consult with and take advice and direction from the Ministers of the Gospel about them To advise new Rites and Ceremonies saith Bishop Bilson is not the Prince's Vocation but to receive and allow such as the Scriptures commend and as the Bishops and Pastors of the Place shall advise Of Suprem p. 226. 2. If there were no such severe Injunctions about the Forms and Modes of Gospel-Worship I speak not of such Duties of Religion in which Mens Natures are principled 1. The Nation could not hereby suffer in respect of its Civil Concerns but the Wealth and Trade c. much more prosperous The Things being small in themselves and become great only upon the account of their being injoined and the greatness of Penalties annexed become of great concernment to the State that is to the great prejudice thereof as hath been apparent in many Years sad experience What is it of moment to Common-Wealths for the quickning of Trade keeping up of Rents c. or any particular Man's Civil Concern that Men kneel or not at the Sacrament crossing or not crossing in Baptisin c. 2. For the other A dispensing with all Penalties annexed to Ecclesiastical Laws where these Penalties are removed yet these Laws remain as Counsels and Advertisements and being consulted by the Learned Clergy in their Synod and commended as useful in the Administration of Worship this is as much as ever was done by the Apostles when Churches were in their greatest purity who endeavoured not so much to establish an External Uniformity as to preserve Christian Liberty If it be said They had then no Christian Magistrates 1. We say The Kingdom of Christ must come into a Nation before it be Christian and if it be so defective in its first address for want of such a Magistrate and of the Means we put so great an Esteem upon for reducing a People how will the People ever become Christians And on the other side if the Gospel hath a sufficiency in it self without borrowing to subdue a Pagan Nation to Christianity much easier it is being such to preserve them orderly and regular Christians Paul having instructed and counselled left his People free and to the perswasion in their own hearts Rom. 14.5 One Man esteemeth one day above another another Man esteemeth every day alike let every Man be fully perswaded in his own mind That was but a Counsel or Advertisement In the Act for Conformity in 1. Eliz. given to the Arch-Bishop Bishops and other Ordinaries that they would endeavour to perform their Duties in the Execution of that Act it was indeed very solemn that is from the Queen's Majesty the Lords Temporal and all the Commons in the present Parliament and in God's Name and as they will answer before God for such Evils and Plagues as may be punishments for the neglect thereof There hath been no want of Obedience hereunto by the Bishops being fully perswaded in their Hearts hereof as their Duty of which if they had not been so perswaded the severest Penalties would or ought to have been in vain King James orders throughout the Kingdom that the Afternoon's Exercise each Lord's Day be spent in examining Children in their Catechism instead of Preaching This is only commended as the most convenient and laudable way of teaching in the Church of England and that such Preachers be most encouraged and approved of And how readily was this immediatly practised throughout the Nation and is continued in many places to this day In the Establishment of Uniformity 2 Edw. 6. a Liberty was left in
it So that now his Majesty had no other Remedy but either 1. To retract from that pious and seasonable Resolution for Liberty of Conscience expressed in Letters to the Parliament then sitting from Breda a Resolution so acceptable to them as the whole House Nemine contradicente by Letters returned him Thanks and bless the Name of the Lord who put such reconciling thoughts into the Heart of the King and he himself likewise owns an especial Blessing from God upon his Affairs after he had expressed that Intention 2. Or break that Promise he solemnly made assuring this Liberty and had professed to the World upon this Occasion in his Speech May 8. 1661. that he valued himself much upon keeping his Word and whatsoever he promised to his Subjects and that no Man can be his Friend and wish him well who would perswade him to the consent of the breach of that solemn Promise 3. Or leave the Nation under greater Distractions and Sufferings about Religion than he found it in and upon twelve Years experience of other means used which tended rather to increase the Distemper These dishonourable Things I say his Majesty must have suffered and undergone or make use of that Power God and the Nation have intrusted him with though not with concurrence of Parliament so much and so often desired by him even so oft as He came to them as he tells them in his Speech of July 8. 1661. Yet nothing at any time was done by the Houses in respect to Liberty of Conscience being obliged in their Judgments to proceed in the other way CHAP. V. Of former Examples for Indulgence SECT 1. HIS Majesty's Gracious Declaration contains not a greater Indulgence tho it be extended to a greater number of Persons than what was granted by his Majesty's Predecessors which before we have mentioned to the French and Dutch Congregations 1. There was a Uniform Order in Church-Government and Divine Service to which not only his Majesty's Subjects but all the Inhabitants of his Majesty's Dominions were to conform and no Man to absent himself And not to hear or be present at any other Forms of Prayers and administration of Sacraments than what is in that Book prescribed under Penalties of Ecclesiastical Censures Fines to the King to the Poor of the Parish c. 2. The Dispensation and Exemption was by the sole Authority of the Soveraign and stands thus A Liberty to separate and absent themselves from the Parish Assemblies where they had their Habitations and to gather themselves into distinct particular Churches or Congregations to chuse and ordain their own Ministers also to establish such a Church-Government or Discipline and Form of Worship and Divine Service as they amongst themselves judged to be most conformable to the Scriptures established by his Majesty's Patent as a Corporation within it self and independent upon any Superior Jurisdiction Spiritual but his Majesty's And all Bishops Mayors Sheriffs c. to protect them and suffer them quietly to enjoy and exercise these Liberties with a Non Obstante c. 3. The Grounds and Considerations upon which such Liberty and Exemptions were granted were these 1. The Care of Religion that ought to be in all Christian Princes and to be shewed forth especially in this the Relief and Incouragement of those that are of the same Religion in their Sufferings for Conscience of their Duty towards God. 2. Persons of the same Religion with us and Sacraments administred by them according to the Word of God and practice of the Apostles ought to be tolerated in their way of worshipping God though they differ from us in Ceremonies and Discipline 3. The Kindness we found in other Protestant Countries when we were forced to leave our Native Soil for preserving our Consciences 4. There were also great Advantages in Matter of Trade for their skill and industry to the great benefit of this Nation and prejudice of their own L. Herbert's History of Hen. 8. The Premises considered we further say 1. His Majesty's Protestant Subjects here spoken for to whom this Gracious Indulgence is extended are of the same Religion with others of his Subjects and the present Establishment in respect to Matters of Faith and Worship in external Forms also they are not more differing from the Church of England than those Congregations to whom the same Indulgence hath been granted by his Majesty and Predecessors and is still enjoyed And when those Strangers had removed their Families and come among us had not this gracious Indulgence been granted and continued to them their Consciences would have engaged them to depart hence and seek Habitations where the like Liberty might be obtained And this also is our Condition many hundreds of his Majesty's Subjects with their Families have left their Native Country and dispose themselves into other parts of the World upon the same account 2. If it be so grateful a Charity and deserving so solemn an Acknowledgment the kind Entertainment our Subjects have found in other Parts when not suffered to live in their own Land upon the account of Conscience doubtless it is a greater Charity to be so indulgent to our own as not by Severity to enforce them for Conscience to become Strangers in other Countries 3. And for Matter of Trade Advantages have been great by encouraging those Strangers but the Disadvantages in the same kind far greater by the late Severity by which our own Subjects have been so greatly discouraged not only those Hands hang down that were most industrious in holding up the staple Trade of the Nation but by reason of Artificers removing into other Parts for their Consciences the Mysteries of our chiefest Manufactures have been made common and others therein become equal if not exceed us A great sense hereof his Majesty hath expressed in his Gracious Declaration Object If it be said These be Strangers Objects of Charity being driven out of their own Country understood not our Language they were Educated and accustomed to other Forms of Discipline and Worship Answ 1. It 's true the first Grant of this Liberty was to such but in process of Time these Churches were increased and spread throughout the Nation and this Grant being confirmed by Q. Eliz. K. James and K. Charles I. to their Children English born and born Subjects of this Realm they had the same Liberty granted them as formerly was mentioned insomuch as the Persons now enjoying this Liberty are his Majesty's Native Subjects Answ 2. The greatest number of his Majesty's Protestant Subjects that have benefit by his Gracious Indulgence since they have had understanding have been trained up in and been acquainted with no other Forms of Discipline and Worship than what was found amongst us at his Majesty's return the other formerly establish'd having been for many Years totally disused King James himself being educated under other Forms when he came into England scrupled many Things in our Liturgy and Rubricks Conference at Hampt Court. Finally It is now more than a Century of Years wherein these Churches have enjoyed this Indulgence there hath been much peace and quiet among themselves following their Callings without disturbance neighbourly and friendly Converse with those that are of different Perswasions in Matters of Religion No Disputings or Reasonings about it no Judging or Despising experience hereof we have beyond denial in London Norwich Canterbury c. where diversity of practices in the Forms of Discipline and Worship are constantly held forth in the view of all Men for so many Years And why should not we expect the like peaceable and inoffensive Converse mutually between those that now enjoy the like Liberty from this Gracious Declaration and others of our Brethren whose practice is otherwise The Lord who hath put this into the Heart of the King may put it also into the Hearts of our Senators to be like-minded with him And as his Majesty hath condescended to them in their way for the space of these twelve Years as he tells them so it is to be desired that they if it may stand with their great Prudence would concur with him but half so long in the way himself hath chosen for the Peace and Union of his Subjects in Matters of Religious Worship or at least until there be the like evident Experiments of the Ineffectualness of it FINIS The same Author hath published a Book intituled The Lawfulness of the Oath of Supremacy and the Power of the King in Ecclesiastical Affairs c. With a Vindication of Dissenters proving That their particular Congregations are not inconsistent with the King's Supremacy With some account of the Nature Constitution and Power of the Ecclesiastical Courts Sold by Jo. Robinson and Sam. Crouch