making of Laws which shall Authorize the Deisying a bit of Bread the Worshipping of it for a God the Praying to it Idolatry Blasphemy any thing in the World for them that like it Now is not this a very fair Speech and does it not well become the mouths of Protestants I would fain press this home upon the Consciences both of those Dissenters who are hired and of those who are not hired to labour the Repeal of our Laws Do you fear the Informers more than God Will you for the sake of your little Conventicles do the greatest Evils which you know to be such You know in your very Hearts that the Worship of Images Crosses and of a Wafer is abominable Idolatry that the Half-Communion is Sacriledge and that many other Points of Popery are blasphemous Fables And will you set up this for one of your Religions as by Law Established Will you do all that hands can do to entail Idolatry upon the Nation not only Removendo prohibens as Divines distinguish by pulling down the Laws which hinder it but also Promovendo adjuvans by making a perpetual Magna Charta for it The Laws and Constitution of a Country do denominate that Country if Atheism were Authorized by Law this would be an Athiestical Nation and if Idolatry be set up by Law it is an Idolatrous Nation and all that have any hand in it make it the Sin of the Nation as well as their own Think therefore of these things in time before you have involved both your selves and your Country in a miserable Estate and remember poor Francis Spira who went against Light. But Secondly There is just as much Prudence as Conscience in these Proceedings for by Repealing the Laws against Popery you Reverse the Outlawry and take of those legal Disabilities which the Papists now lie under and which have hitherto tied their Hands from destroying Hereticks When Papists shall be right Justices and Sheriffs and not Counterseits when they shall be Probi legales homines and pass Muster in Law when they shall be both our legal Judges and our lawful Juries and when Protestants shall come to be Tryed by their Country that is to say by their Twelve Popish Godfathers they may easily know what sort of Blessing they are to expect The Papists want nothing but these Advantages to make a fair riddance of all Protestants for we see by several of their late Pamphlets that if any thing be said against Popery they have a great dexterity in laying it Treason Now this is a civil way of answering Arguments for which we are bound to thank them because it so plainly discovers what they would be at if it were in their Power But how comes it to be Treason to speak against a Religion which is itself High-Treason and is Proscribed by so many Laws Why their Medium is this That Popery is the King's Religion and therefore by an Inuendo what is said against that is meant against him But is there any Law of England that Popery shall be the King's Religion Or is it declared by any Law that Popery either is or can be his Religion On the other hand we are enabled by an Act in this very Reign to pronounce Popery to be a False Religion and to assert the Religion which is now professed in the Church of England and Established by the Laws of this Realm to be the True Christian Religion Act for building St. Ann's Church p. 133. But these Gentlemen it seems are for Hanging Men without Law or against Law or any how and therefore we thank them again for being thus plain with us before hand Now if they be thus insolent when they are so very abnoxious themselves and have Halters about their own Necks with what a Rod of Iron will they Rule us when they are our Masters What havock will they then make of the Nation when we already see Magdalen Colledge which was lately a flourishing Society of Protestants now made a Den of Jesuits and that done to in such a way as shakes all the Property in England Or who can be safe after our Laws are Repealed when Endeavours have been lately used to extract Sedition even out of Prayers and Tears and the Bishops Humble Petition was threatned to be made a Treasonable Libel But here the Dissenters have a plausible excuse for themselves for say they We have now an opportunity of getting the Laws which are against us Repealed which is clear gain and as for our refusing to Repeal the Laws against Popery there is nothing gotten by that either to us or to any body else for they are already as good as Repealed by the Dispensing Power and therefore such Discourse as this only advises us to stand in our own light without doing any good to the Nation at all for there will be Popish Justices Sheriffs Judges and Juries whether we will or no for whatsoever we refuse to do the Dispensing Power will supply To which I answer Do you keep your hands off from Repealing the Laws let who will contravene or Transgress them for then you are free from the Blood of all Men you have no share in the guilt of those Mischiefs which befal your Country which would sooner or later be a heavy burden and a dead weight upon the Conscience of any Protestant But besides let the Laws alone and they will defend both themselves and us too for if the Law says That a Papist shall not nor cannot have an Office then he shall not nor cannot for who can speak Louder than the Laws As for a Dispensing-Power inherent in the King which can set aside as many of the Laws of the Land as he pleases and Suspend the Force and Obligation of them which has been lately held forth by many False and Unlawful Pamphlets the Dissenters know very well that there is no such thing but that no body may pretend Ignorance I shall here prove in very few words That by the Established Laws of the Land the King cannot have such a Dispensing-Power unless Dispensing with the Laws and Executing the Laws be the same thing and unless both keeping the Laws himself and causing them to be kept by all others be the English of Dispensing with them For in the Statute of Provisors 25 Eaw 3. c. 25. we have this laid down for Law That the King is bound to Execute those Statutes which are Unrepealed and to cause them to be kept as the Law of this Realm The words are these speaking of a Statute made in the time of Edward the First Which Statute holdeth always his Force and was never Defeated or Annull'd in any point And by somuch our Sovereign Lord the King is bound by his Oath to do the same to be kept as the Law of this Realm although by Sufferance and Negligence it hath since been attempted to the contrary So that the Coronation Oath and the Dispensing-Power are here by King Edward the Third and his
the City of God. But before that comes it is possible that the Throat that belch'd out this Nasty Insolence may be stopp'd with something which it cannot swallow II. Besides there are some Passages in the Declaration which in Conscience we cannot Read to our People though it be in the King's Name for among others we are to Read these Words We cannot but heartily wish as will easily be believed that all the People of our Dominions were Members of the Catholick Church Our People know too well the English of this and could not but be strangely surpriz'd to hear us tell them that it would be an acceptable thing to the King that they should leave the Truth and our Communion and turn Papists The Wish of a King when solemnly Declared is no light insignificant thing but has real influence and effect upon the minds of Men. It was but a Wish of Henry the Second that cut off T. Becket then Archbishop of Canterbury Councils and Courts of Justice too often bend to a King's Wishes though against their own Inclinations as well as against their Rule And can we imagine that they can have no force at all upon the common people therefore we cannot in Conscience pronounce these words in the Ears of the People whose Souls are committed to our Charge For we should hereby lay a snare before them and become their Tempters instead of being their Instructers and in very fair and reasonable construction we shall be understood to sollicite them to Apostacy to leave the Truth of the Gospel for Fables and the mistakes of men a reasonable and decent Worship for Superstition and Idolatry a true Christian Liberty for the most intolerable Bondage both of soul and body If any will forsake our Doctrine and Fellowship which yet is not ours but Christs at their own peril be it But as for us We are resolv'd by the grace of God to lay no stumbling block in their way nor to be accessary to their ruine that we may be able to declare our integrity with S. Paul That we are pure from the blood of all men III. In the next place We are to declare in the King's name That from henceforth the Execution of all and all manner of Penal Laws in matters Ecclesiastical for not coming to Church or not receiving the Sacrament or for any other Nonconformity to the Religion established or for or by reason of the exercise of Religion in any manner whatsoever be immediately Suspended and the sarther Execution of the said Penal Laws and every of them is hereby Suspended What! All and all manner of Laws in matters Ecclesiastical What the Laws against Fornication Adultery Incest For these are in Ecclesiastical matters What! All Laws against Blasphemy Prophaneness open Derision of Christian Religion Yet these crimes are punishable by no other Laws here than such as have been made in favour of the Established Religion How shall the Lord's day be observ'd What shall hinder covetous men to Plow and Cart and follow their several Trades upon that day since all the Laws that secure this observance and outward countenance of respect to the Christian Religion are by this general expression lade aside Besides these words for not coming to Church or not receiving the Sacrament or for any other Nonconformity to the Religion Established cannot in Conscience be read by us in our Churches because they may be a temptation to young unguided people to neglest all manner of Religious Worship and give them occasion of deptiving themselves of such opportunities of grace and salvation as these Penal Laws did often oblige them to use For being discharg'd attendance on our Service they are lest at liberty to be of any Religion or none at all Nay Christian Religion is by these general terms left at discretion as well as the Church of England For men may forsake us to become Jews or Mahometans or Pagan Idolaters as well as to be Papists or Dissenters for any care taken in this Declaratoin to prevent it And even of such as pretend to be Christians there either are or may be such Blasphemous Sects so dishonourable to our Common Lord and Master as are incapable of all publick encouragement and allowance for that would involve the Government in the Imputation of those Blasphemies and the whole Nation in that curse and vengeance of God which such provocations may extort Wherefore it is not out of any unreasonable opinion of our selves nor disaffection to Protestant Dissenters that we resuse to publish this Indulgence but out of a tender care of the Souls committed to us especially those of the weaker sort to whom we dare not propose an Invitation to Popery and much less any thing that may give countenance or encouragement to Irreligion It is said indeed that we are not required to approve but to read it To this Sir you have very well answer'd that Reading was Teaching it or if it be not so absolutely in the nature of the thing yet in common Construction I am affraid it would have been so understood But we do not stand in need of this Excuse for if there be any passages in it that are plain temptations to Popery or Licentiousness it cannot consist with our duty either to God or the Church to read them before our People As for the Dispensing Power and the Oaths and Tests required to qualifie men for Offices Military and Civil I must leave them to the Consideration of those who are nearer concern'd and therefore reasonably presum'd to understand them better Nor do I envy his Majesty the use of his Popish Subjects though I do not know what service they may be capable of doing more than other men This Nation has for some time made hard shift to subsist without much of their Aid and against the wills of several of them but now they are become the only necessary men and seem to want nothing but Number to fill all places Military and Civil in the Kingdom in the mean time the Odiousness of their Persons and the Insolence of their Behaviour with their way of menacing strange things makes some abatement of the merit of their service Lastly The respect which we have for His Majesties Service will not permit us to Read the Appendix to the Declaration Where the flower of the Nobility and Gentry of this Kingdom are something hardly reflected on as Persons that will not contribute to the peace and honour of the Nation Because they would consent to the taking away the Laws against Papists that they be put into a Condition to give us Laws The Persons here reflected on We know to be the chief for Ability and Interest and Inclination to serve the King and therefore cannot do His Majesty that disservice as to be Publishers of their disgrace make our selves the Instruments of alienating from his Majesty the Affections of his best Subjects Nay we find in our selves a strange difficulty to believe that this could
Jurisdiction Censure or Coertion which they might not by Law have done before the Year of our Lord 1639. 2 Nor to Abridge or Diminish the Kings Majesties Supremacy in Ecclesiastical Matters and Affairs nor to confirm the Canons made in the Year 1640. nor any of them nor any other Ecclesiastical Laws or Canons not formerly Confirmed Allowed or Enacted by Parliament or by the Established Laws of the Land as they stood in the Year of our Lord 1639. From the Title of the Act and the Act it self considered I gather First That it is an Explanatory Act of the 17. of Car. 1. as to one particular Branch of it and not introductive of any new Law. Secondly That the occasion of making it was not from any doubt that did arise Whether the High-Commission Court were taken away or Whether the Crown had power to Erect any such-like Court for the future but from a doubt that was made that all ordinary Power of Coertion and proceedings in Causes Ecclesiastical was taken away whereby Justice in Ecclesiastical Matters was obstructed and this doubt did arise from a Clause in 17 Car. 1. ca. 11. Sect. 4. herein mentioned to be recited in the said Act of 13 Car. 2. ca. 12. Thirdly That this Statute of 13 Car. 2. ca. 12. as appears upon the face of it was made to the intent the ordinary Jurisdiction which the Bishops and other Ecclesiastical persons had always exercised under the Crown might not be infringed but not to restore to the Crown the power of Delagating the Exercise of Ecclesiastical Jurisdiction by Letters Patents to Lay persons or any others and as to this nothing can be plainer than the words of the Act it self Sect. 2. Whereby 17 Car. 1. is repealed but takes particular care to except what concerned the High-Commission Court or the new erection of some such Court by Commission Neither did the Law-makers think this Exception in that Statute of 13 Car. 2. ca. 12. Sect. 2. to be sufficient but to put the matter out of all doubt in the Third Section of the same Statute It is provided and Enacted That neither that Act nor any thing therein contained should extend or be construed to revive or give force to the Branch of 1 Eliz. 1. Sect. 18. but that the same Branch should stand absolutely Repealed And if so then the power of the Crown to delegate the Exercise of Ecclesiastical Jurisdiction is wholly taken away for it was vested in the Crown by 1 Eliz. 1. and taken away by 17 Car. 1. ca. 11. and is in no manner restored by 13 Car. 2. 12. or any other But there may arise an Objection from the words in the Statute of 13 Car. 2. ca. 12. that saith That that Act shall not extend to abridge or diminish the Kings Majesties Supremacy in Ecclesiastical Matters and Affairs Whence some Men would gather That the same Power still remains in the Crown that was in it before 17 Car. 1. ca. 11. To which Objection I give this Answer That every Law is to be so constructed that it may not be Felo de se and that for the honour of the Legislators King Lords and Commons Now I would appeal to the Gentlemen themselves that assert this Doctrine Whether they can so construct the Act of 13 Car. 2. ca. 12. as they pretend to do without offering violence to their own Reason For when the 1 Car. 1. ca. 11. had absolutely Repealed the Branch of 1. Eliz. 1. that vested the power in the Crown of Delegating the Exercise of Ecclesiastical Jurisdiction and Enacts That no such Commission shall be for the future and the Act of 13 Car. 2. ca. 12. Repeals the 17 Car. â—… ca. 12. except what relates to that particular Branch there can no more of the King's Supremacy in Ecclesiastical Matters and Affairs be saved by the saving in the 13 Car. 2. ca. â—… but what was left in the Crown by 17 Car. â—… ca. 11. And now I hope I have sufficiently evinced That all the Proceedings before the Ecclesiastical Commissioners are CORAM NON â—… and therefore have sufficient Reason to â—… That the same would never have been set on â—… by his present Majesty who had always the Character of JAMES the Just and hath â—… upon his Royal Word That he will invade â—… Mans Property had he not been Advised there unto by them who are better versed in the Canon of the Church of ROME than in the Laws that relate to the CROWN and CHURCH of ENGLAND A LETTER of several French Ministers Fled into Germany upon the account of the PERSECUTION in France to such of their Brethren in England as approved the Kings Declaration touching Liberty of Conscience Translated from the Original in French. ALtho' in our present Dispersion most dear and honoured Brethren it has pleased the Providence of God to conduct us into places very distant from one another Yet that Union which ought always to continue betwixt us obliges us to declare our sense to one another with a Christian and Brotherly Freedom upon all occasions that may present themselves to us so to â—… 'T is this makes us hope that you will not take â—… amiss of us if at this time we deliver our Opinion to you touching the Affairs of England in matter of Religion and with reference to that Conduct which you have observed therein We ought not to conceal it from you â—… greatest part of the Protestants of Europe have been extreamly scandalized to understand that certain among you after the example of many of the Dissenters have Addressed to the King of England upon the account of his Declaration by which he â—… granted Liberty of Conscience to the No-nconformists And that some others who had already ranked themselves under the Episcopal Communion nevertheless published the said Declaration in their Churches and this at a time when almost all the Bishops themselves with so much Firmness â—… Courage refused to do it If we may be permitted to tell you freely what â—… Opinion is concerning the conduct of the Bishops and of the Dissenters in this conjuncture we shall make no difficulty to pronounce in favour of the former We look upon it that they have exceedingly well answered the Duty of their Charge whilst despising their own private Interest they have so worthily supported that of the Protestant Religion Whereas the others for want of considering these things as they ought to have done have given up the interest of their Religion to their own particular advantages It is not out of any complement to the Bishops which less out of any enmity to the Dissenters that we make such different judgments concerning them We know well enough how to commend â—… blame what seems to us to deserve our Praise â—… our Censure both in the one and in the other We do not at all approve the conduct of the Bishops towards the Dissenters under the last Reign And altho' we do not any more
means attain it than to open themselves a Gite to Popery and to concur with it to the Ruine of the Protestant Religion You will it may be tell us that it looks ill in us who so much complain That we have been deprived of Liberty of Concience in France to sind fault with the King of England for granting it to his Subjects And that it is the least that can be allowed to a Soveraign to allow him the Right to permit the exercise of his own Religion in his own Kingdoms and to make use of the Service of such of his Subjects as himself shall think sit by putting them into Charges and Employs You will add That his Majesty does not go about neither to abrogate the ancient Laws nor to make new ones All he does being only to dispence with the Observation of certain Laws in such of his Subjects as he thinks fit and for as long time as he pleases and that the right of dispensing with and suspending of Laws is a Right insepably tied to his Person That for the rest the Protestant Religion does not run the least Risque There are Laws to shut the Papists out of Parliament and these Laws can neither be dispensed with nor suspended So that the Parliament partaking with the King in the Legislative Power and continuing still Protestant there is no cause to fear that any thing should be done contrary to the Protestant Religion Besides What probability is there that a King who appears so great an Enemy to Oppression in matters of Conscience and Religion should ever have a thought tho' he had the Power himself to oppress in this very matter the greatest part of his Subjects and take from them that Liberty of Conscience which he now grants to them and which he promises so â—… to observe for the time to come These are all the Objections that can with â—… appearance of Reason be made against what we have before said They may all be reduced â—… five which we shall examine in their order And we doubt not but we shall easily make it appear that they are all but meer Illusions 1. We do justly complain That they had taken from us our Liberty of Conscience in France because it was done contrary to the Laws And one may as justly complain that the K. of England does labour to re-estalish Popery in his Country because he cannot do it but contrary to the Laws Our Liberties in France were founded us on solemn Laws upon perpetual irrevocable and sacred Edicts and which could not be â—… without violating at once the Publick Faith the Royal Word and the Sacredness of an Oath And Popery has been banished out of England by Laws made by King and Parliament and which cannot be repealed but by the author of King and Parliament together so that the therefore there is just cause to complain that the King should go about to overthrow them himself alone by his Declaration 2. It is not true that a Soveraign has always the right to permit the Exercise of his own Religion in his Dominions and to make use of the â—… of such of his Subjects as he himself shall that fit that is to say by putting of them into â—… and Employs And in particular he has this right when the Laws of his Country contrary thereunto as they are in the â—… before us Every King is obliged to observe the fundamental Laws of his Kingdom And the King of England as well as his Subjects ought to observe the Laws which have been established by King and Parliament together 3. For the third the distinction between abrogation of a Law and the dispensing â—… and suspending of it cannot here be of use whether the King abrogates the Laws which have been made against Popery or whether without saying expressly that he does abrogate them he overthrows them by his Declarations under pretence of dispensing with suspending of them it is still in effect same thing And to what purpose is it the Laws are not abrogated if in the â—… time all sorts of Charges are given to Papists and Popery it self be re-established contrary to the tenor of the Laws The truth is if the King has such a power as this if this be â—… Right necessarily tied to his Person 't is in vain â—… the Parliament does partake with him in the Legislature This Authority of the Parliament is but a meer Name a Shadow a Phan â—… a Chimera and no more The King is still the absolute Master because he can alone and without his Parliament render useless by his Declarations the Laws which the Parliament shall have the most solemnly established together with him We confess the King has right of dispensing in certain Cases as if the concern be what belongs to his private Interest he may without doubt whenever he pleases depart from his own Rights 't is a Liberty which no body will pretend to contest with him But he has not the power to dispense to the Prejudice of the Rights of the people â—… by consequence put the Property the Liberty and the Lives of his Protestant Subjects into the hands of Papists 4. What we have now said in Answer to the third Objection will be more clear from the Answer we are to give to the fourth They should perswade the Protestants that their Religion is in safety because on the one side the King cannot make Laws without the Parliament and that on the other there being Laws which exclude Papists out of the two Houses it must necessarily follow That the Parliament shall continue to be Protestant But if the King has the power to break through the Laws under the pretence of dispensing with and suspending of them what Security shall the Protestants have that he will not dispense with the Papists the Observation of those Laws which do exclude them out of the Parliament as well as â—… has dispensed with those that should have kept them out of Charges and Imployments â—… Security shall they have that he will â—… at any time hereafter suspend the Execution of the former as he has already suspended the Execution of the latter Which being â—… what should hinder us from seeing in a little â—… a Popish Parliament who together with the King shall pass Laws contrary to the Protestant Religion What difference can be shewn between the one and the other of these Laws â—… the one should be liable to be dispensed with and suspended and the other not Were they not both established by the King and Parliament Were not both the one and the other made for the Security of the Protestant Religion and of those who profess it Are not the Rights of the people concerned in the one as well as in the other And whosoever suffers and approves the King in the violation of these Rights in some things does he not thereby authorize him to violate them in all If the King has power to put the Liberty and