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A26400 An address to the Church of England: evidencing her obligations both of interest and conscience, to concurr with his gracious Majesty in the repeal of the penal laws and tests Allowed to be published this 1st of September, 1688. 1688 (1688) Wing A564B; ESTC R213112 25,350 25

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Judge any more incapacitated for the administration of Justice than another man Moreover in a Kingdom where their Number is so truly inconsiderable as scarce the two hundredth man in the Nation if they have hopes of making any Converts or any endeavours that way it can only be done by holding the Scale of Justice upright and in all Posts of Trust by keeping up the steddiest Standard of Right and Equity as the only means thereby to recommend and endear themselves to the World and wipe off those blemishes that the mistaken Jealousies and popular Misapprehensions have so long so unkindly cast upon them And this and this only they are very sensible is their Chart to steer by and their great Pilot their Royal Master the best read Student in the Arts of Empire that possibly ever graced a Throne equally knows to be his only course and undoubtedly as sacredly resolves to make it so And if the Judges of the Land suppose of the Romish Religion besides their Oaths that bind 'em and His Majesties Honour that shall influence them to it have these Obligations more and above even of Interest to their very Religion it self to move in so regular a Sphere of Justice where lies our Danger And if this higher station will be so inoffensive What can the poorer Justices of the Peace or the inferiour Subministration of the Government signifie in Popish or not Popish hands But in this Case I have heard some people say Alas What stretch of the Laws will not such Judges make Perhaps for instance pick a hole in the Abby-Lands and start some dormient Title or other to revert them to the Church of Rome a Patrimony that will not a little enrich the Romanists and advance their Cause This idle Objection was scarce worth naming as if the stretching of our Laws in that point was not as notorious and arbitrary as a total violation of the Subjects Right and rending the whole Frame of the Laws in sunder But to check this idle surmise if a Romish Parliament it self in the Reign of Queen Mary with the very Restauration of the Romish Religion and Papal Supremacy into the Saddle never so much as attempted to revert those Lands Nay on the contrary their whole Title was confirmed to the present Possessors by a Decretal from Rome it self as was then so solemnly done by Cardinal Poole the then Pope's Legate How groundless must the fear be of any thought or attempt of reverting them now Or Why must the Romish Judges in any kind subvert or undermine the Laws contrary to all their best Politicks in the present state of England to no true advantage either to themselves or their Church and possibly to be answerable for it with their Heads if they live to the next Protestant Prince To come next to the Officers of His Majesties Houshold c. to have those Posts too barricaded with Tests and the Imperial Dignity so shackled as to be debarr'd the choice of its own Menials nay even of its Conversation it self is an Insolence put upon Majesty as had been scarce tolerable from an Ordinance of Forty Eight much less an Act of Parliament But for our less Wonder at it we are to consider 't was hatch'd in the same Republick Nest for no less than the great old Patriot of three Names sate sor the brooding of it I think I need not raise Arguments to prove how little those Gentlemen of Honour the Courtiers I mean of any Religion whatsoever in that innocent Station are or can be concerned in shaking either Church or State. It 's enough to say that greater Indignity under the Sanction of a Law was never imposed upon a Crown'd Head. The meanest Gentleman in England whilst this Test keeps footing has a Prerogative above the KING For the choice of His Steward Bayliff Attorney or Sollititor c. are in His own free Election but these were Priviledges thought too large for a KING and therefore He is stinted and bounded to such Elections as the more Imperial Wisdom of His then great Counsellors in Parliament judged fittest for Him. Monarchical Rule is said to be like that of Heaven where the Primum Mobile acts altogether by inferiour Spheres and Second Causes And so Majesty by its Officers and Ministers as so many Vehicles by which the Influences of the Royal Power are conveyed But truly this Ascendency the Late Law makers judged too Great for the King of England and therefore they found an Expedient to render the Monarchy little more than precarious making the whole Ministers of the State the Creatures of the Test and not of the KING Now I desire to know how in reason we can imagine That a KING in Himself the Fountain of Honour and Original of Power though in His Nature the mildest and best temper'd of Princes though without the least thought of Unhinging the Frame of the Government or disturbing the Settled Church of His Kingdom to blast His Own Glory and lose His Subjects Hearts for that would be all the Crop 't would yield Him I wonder I say how we can imagine that the Best and most Gracious of Princes though without the forementioned Designs could nevertheless brook so Imprincely a Yoke as the Test And truly to justifie His Majesties heartiest endeavours against both Penal Laws and Test in not labouring to Abrogate the first as they stand in force against the Lives and Liberties and how unjustly has been proved before of the Members of his own Communion he would be the most unnatural of men and in not labouring to repeal the last as standing so egregiously in force against the Right and Prerogative of His Crown and indeed originally forged in affront to Himself he should be the most dishonourable of Princes Nor will it serve to object That His late Majesty whatever Diminution to the Prerogative it might be by passing it into a Law has al●enated that Power from the CROWN For to answer that Argument we are assured that whatever alienations of that kind the Easiness of the present P●ss●ssor of the Crown or any other Reasons may induce him to make are no waies truly binding to the Successor Now the Reasons inclining His Majesty so zealously to endeavour the Repeal of the Test in these foremention'd stations under him are by himself declared viz. That the Service of all his Subjects is inseparably annex'd to and i●her●nt in the Crown being indeed so fundamental a Right so unalterable to his Prerogative and in its own nature so far above the Cognizance of Parliaments that a Crown'd Head ought less to be wonder'd at for endeavouring to recover so rightful a part of his Royal ●atrimoney than the ●eanes● of his Subjects for seeking a Redress against the highest oppression and injury suffer'd in the nearest and tenderest part of their Property Estate or Liberty that they hold by Common Law or Magna Charta it self And besides the Justice and Equity that prompt His Majesty to seek so
Confirmation of that Power In the fifth of Her Reign grown warmer in that Supremacy She Imposes the Oath upon all Ministers and Officers of the Government even to Lawyers Attorneys c. and particularly to be taken by every Member of Parliament And the second Refusal of taking it after a first Tender of it Three Months before is made High Treason In Her Thirteenth Year to Reconcile or be Reconciled to the Church of Rome is High Treason In Her Twenty Third the former Statute is Explained and Confirmed and the Offender besides the Pains of Death to forfeit all Lands Tenements Goods and Chattels as in Cases of High Treason A very sowr sort of Grape to set their very Childrens Teeth on Edge with and to Punish even Vnborn Heirs In the Twenty Seventh Every Jesuite Seminary or other Priest born within the Queens Dominions and Ordained without or within the Realm by any Authority derived from the See of Rome that shall come into or remain within this Realm shall be Adjudged and suffer as a Traytour Ay God knows a v●ry just Sentence if the Charge be but true But I desire to know by what Legerdemain is this Reconciliation made High Treason Is either the Life or Dignity of the King struck at by my being a Member of this or that Communion By my believing this or that the way to Heaven Can Faith in God be Treason against Man for that 's the result of the Question Can a Christians best Endeavour to save his own or his Brothers Soul be a Machination to destroy his Prince or his Countrey Or can my Praying or not Praying to a Saint my Adoring or not Adoring the Eucharist make me a true or not true Leige-man If Errors in Faith can amount to HIGH TREASON and the Government is in Conscience Obliged to treat them as such Lord have Mercy upon us How came the Jews to live with that Impunity in the Common-wealth that instead of Mis-believing in Points of Doctrine believe not so much as in the Gospel or CHRIST himself But laying the charge of High Treason more closely against them pointing even to the blackest part of their Transgression their Belief or Assertion of the Pope's Spiritual Supremacy wh●t's all that too any more than meer matter of Faith still Nor carries it the least shadow of the Subjects Breach of Duty to the Soveraign For all that Headship they give the Pope is meerly Spiritual in Decision of Points of Faith or Rites of Worship the Pope even in all Reigns being utterly denied all Temporal or Civil Jurisdiction whatever Nay so tender has the Royal Prerogative been here in England that the very Laws of the Land even in the most Rigid Romish Administration had Provided that no Canons from the Papal See nor Decrees of Councils themselves should bind here till received and allowed by common Assent Yes and farther to fence against all Incroachments whatever from the Papal See in the height of the Romish Interest here Statutes have been Enacted Witness that of the Provisors to restrain all Papal Invasions of the Sovereign Right of Kings so that whatever their mistaken Speculative Opinion may Attribute to their Pope their Loyalty or Obedience to their Sovereign neither is nor can be touch'd or concerned by any such though never so Erroneous an Article of their Belief And what unhappily looked a little severe in the Statutes that Asserted Queen Elizabeth's Supremacy under the Penalty of Death than in either of Her Predecessours her Father Hemy or her Brother Edward and that possibly laid that Stumbling-Block that a Romanist could not easily overl●ap was from an Article of their Faith so long rooted and grounded in them how rightfully is not the matter received from Age to Age and Generation to Generation in Favour of their Pope to be Compelled by a yesterdays Act of Parliament under no less a Guilt than High Treason and under the Penalty of Death not only to acknowledge but to swear her Majesty to be wholly and solely in all causes and things the Spirituall Head of the Church within her Dominions who otherwise before in her private Capacity was incapable of so much as a Sub-Deaconship in a Countrey Parish and if St. Paul may be believed not qualified for so much as speaking in a Religious Assembly But considering the Popular Tenderness seems a little more favourable to the poor Lay Romanist and something Commis●rates his hardship from the Letter of this Law yet they 'll tell you 't is nothing but high Justice against the Romish Priest as taking Orders from Rome in themselves little less than Damnable and Diabolical as received from the Papal See the very Seat of Antichrist and then returning home or staying within the Realm against the Law All which Notorious Overt Acts are but too reasonably declared High Treason and the Offenders therein are justly-Exposed to the severest of Punishments as due to so Capital a Transgression To this Thundering Charge as big as it sounds to show the Weakness even of the greatest Strength of their Penal Laws I shall only make this short Reply If the Church of England has and always does admit a Convert Romish Priest into the Protestant Clergy without any Re-ordination to Capacitate him for that Admission as we need look no farther than to the constant Practice of the Church without so much as one Example to the contrary from the very Beginning of the Reformation how unjustly are taking Orders from Rome charged with Hi●h-Treason If the Orders from Rome be in themselves Holy and Sacred how are they Damnable and Antichristi●n And how the taking of them High Treason If not Holy nor Sacred as if High Treason in the very receiving of them they cannot be does the Church of England entertain Pastors into her Ministerial Function Unconsecrated for the Divine Service of Go● God forbid No the very Practice and Concession of the Church in this Case does so confront the palpable Injustice of this Statute that nothing can be plainer And if such are the Romish Orders and the free choice of o●r Beli●f in God and the Church we hope to be saved in be in our own Election for our own Souls are answerable for it by the same liberty of choice why may not a zealous Believer be his own chooser whether he will be a Member or Pastor of the Flock he owns as his own Abilities to serve God in either Station shall dictate to him And why are men Banish'd and Excluded from their Native Right in the Kingdom in which they are born for only endeavouring to secure themselves their no less Native Right in that of Heaven One Observation in the Statute of the Fifth of Her Reign I had almost forgotten not a little worthy Remark In this Statute where the In●apacity of the taking the Oath of the Queens Spiritual Supremacy for a Refusal of an Oath in that Case is only a Consciencious Incapacity of taking it is made High