the Two Houses as also a Power to redress Grievances and to call into Question all Ministers of State and Justice and all Subjects of whatsoever Degree in Case of Delinquency It may be thought that a Part of the Supreme Power doth reside in Them though they have not the Honorary Title And This Part of the Supreme Power is indeed Capable of doing Wrong Yet how it might be guilty of Rebellion is more Difficult to conceive P. 49. The Delegates of the People in the House of Commons and the Commissioners on the King's behalf in the House of Peers concurring do very far bind the King if not wholly P. 112. And when These cannot agree but break One from Another the Commons in Parliament assembled are Ex Officio The Keepers of the Liberties of the Nation and Righteous Possessors and Defenders of it against all Usurpers and Usurpations Whatsoever P. 130. III. KINGS are but the Peoples TRUSTEES Their Power Fiduciary and the Duty of Subjects Conditional The King is but the Servant of the People and his Royalty is only a Virtual Emanation from them and in Them radically as in the first Subject So Rutherford Parker Goodwin Bridges Milton c. The People can give no other Power then such as God has given Them And God has never given a moral Power to do Evil. All Fiduciary Power abused may be repealed And Parliamentary Power is no Other Which if it be abused The People may repeal it and resist them Annulling their Commissions Rescinding their Acts and Denuding Them of their Fiduciary Power Even as the King Himself may be denuded of the same Power by the Three Estates P. 152. Princes derive their Power and Prerogative from the People and have their Investitures meerly for the Peoples Benefit P. 1. It is the King's Duty to pass all such Laws as Both Houses shall judge Good for the Kingdom Upon a Supposition That They are Good Which by them are judg'd Such If the Prince fail in his Promise the People are Exempt frm their Obedience The Contract is made Void and the Right of Obligation is of no Force It is therefore permitted to the Officers of a Kingdom either All or some good Number of them to Suppress a Tyrant P. 120 121. IV. Princes may be DEPOSED and put to DEATH in Case of Tyranny Every Worthy Man in Parliament may for the Publique Good be thought a fit Peer and Judge of the King P. 24. Where there is no Opportunity for the Interposure of Other Judges the Law of Nature and the Law of Nations allow Every Man to Judge in his own Gase P. 34. If a Prince wants such Understanding Goodness or Power as the People judge Necessary to the Ends of Government In the first place He is Capable of the Name but not of the Government In the Second He Deposes Himself In the Third The want of Power Deposes him Theses 135 136 137. It is lawful for any who have the Power to call to Accompt a Tyrant or Wicked King And after due Conviction to Depose and put him to Death if the Ordinary Magistrate have Neglected or Deny'd to do it It is not impossible for a King Regis Personam Exuere In a Natural Or MORAL Madness or Frenzy to turn Tyrant Yea Beast Waiving his Royal Place Violently Extrajudicially Extramagisterially to assault his Subjects as Saul did David In this Case Men think Nature doth Dictate it and Scripture doth Justifie a Man Se Defendendo Vim Vi repellere P. 23. The Real Soveraignty among Us was in King Lords and Commons and if the King raise War against such a Parliament The King may not only be resisted but Ceaseth to be a King Thesis 358. The Lord rent the Kingdom from Saul for sparing One Agag and for want of thorough Extirpation of all the accursâ—…d Things He lost both Thanks for What He had done and Kingdom also P. 27. Let no Law hinder Ye If Law be to be broken it is for a Crown and therefore for Religion Ye are set over Kingdoms to Root out Pull down Destroy and Throw down Do it quickly Do it thorougly By what Rule of Conscience or God is a State Bound to Sacrifice Religion Laws and Liberties rather then endure that the Princes Life should come into any Possibilities of Hazard by Defending them against those that in his Name are bent to suâ—…due them If he will needs thrust Himself upon the Hazard when he needs not Whose Fault is That There never was a Greater Harmony of the Laws of Nature Reason Prudence and Necessity to Warrant any Act then may be found and discern'd in that Act of Justice on the Late King P. 18. Touching the Righteousness of the Sentence past upon the King Doubtless never was any Person under Heaven Sentenc'd with Death upon more Equitable and Just Grounds P. 90. Praised be God Who hath delivered us from the Impositions of Prelatical Innovacions Altar-Genu-flections and Cringings with Crossings and All That Popish Trash and Trumpery And truly I speak no more then what I have often thought and said The Removal of those Insupportable Burdens countervails for the Blood and Creasure shed and spent in these late Distractions Nor did I ever as yet hear of any Godly Men that desired Were it Possible to Purchase their Friends or Money again at so dear a Raâ—…e as with the Return of These To have Those Soul-Burdening Antichristian Yokes re-imposed upon Us. And if any such there be I am sure that Dâ—…sire is no part of their Godliness and I profess my self in That to be None of the Number P. 23. V. The PERSONS of Princes may be resisted though not their AUTHORITY The Man who is King may be resisted but not the Royal Office The King in Concreto but not the King in Abstracto P. 265. He may be resisted in a Pitch't Battel and with Swords and Guns 324. That is His Private Will may be resisted not his Legal Will 269. Neither is He in the Field as a King but as â—…n unjust Invader and Grassator 334. If He chance to be Slain 'T is but an Accident and who can help it 324. He is guilty of his own Death Or let Them answer for 't that brought Him thither The Contrary Party is Innocent 273. The King's Authority is with the Two Houses though the Person of Charles Stuart be not there His Capacity was at Westminster when his Body was upon the Scaffold at Whitehall c. P. 18. VI. The King is SINGULIS MAJOR UNIVERSIS MINOR The King is in Dignity Inferior to the People P. 140. The Soveraign Power is Eminently Fontaliter Originally and Radically in the People 156. Detrahere Indigno Magistratum etsi Privati non Debeant Populus tamen Universus quin possit Nemo Opinor dubitabit It is not for Private Persons to Depose a
the very supposition of a Law possible which may not some way or other be said to CONCERN Ecclesiastical Matters Presb. You take no notice how this Power is clogg'd with Limitations If they be found Unprofitable Unseasonable or to be abused by the People Indep Very good And if the Kirk shall think fit to find them so or so Pray'e What Remedy Bâ—…t their own Avowed Actions and Declarations are the Best Comments upon their own Principles Under King Iames in Scotland nothing was more ordinary then over-Ruling Acts of Parliament by the Acts of the Assembly Did they not erect a Counsel of the Church in Edenborough 1596. and take upon them to Convene Examine and Censure at pleasure such as they suspected to hold any Correspondence with certein Excommunicate Lords did they not also appoint to meet in Armes at the Tryal of them Nor did they think it enough to Rescind or supersede Acts of Parliâ—…ment and General Assâ—…mblies but People must be Quâ—…stion'd too for yielding Obedience to Acts of Parliament and of General Counsels under Colour of Unjust Laws Wee 'l close this particular with the Judgment of the Commissioners of the General Assembly of Scotland of May 5. 1648. The Authority of Parliament is one thing an Act of Parliament another thing We do still acknowledg their Authority when we obey not This or That Act. And whatsoever be the TREASON of Impugning the Authority of PARLIAMENâ—… It can be no Treason to obey GOD rather then MAN Neither did the General Assembly of Glasgow 1638. and such as were active for the Covenant at That time commit any Treason when they Impugned Episcopacy and Pâ—…rch Articles although ratify'd and strengthen'd by Acts of PARLIAMENT and standing LAWS then Unrepealed Presb. When we have once gotten Power into our hands we are all too apt to abuse it But I cannot yet perswade my self that the Root of these Practises is to be found in their Principles Their Books of Discipline are Publick and no Government would ever entertein it if there were such danger in it Indep How was the Covenant entertein'd or who would have dream'd of any harm in a League for the Preservation and Defence of the King's Majestie 's Person and Authority And yet the Presbyterian Interpretation and Salvo of Subordinating his Majesties SAFETY and PRESERVATION to the Defence of the TRUE RELIGION immediately following and the Kirks assuming to Themselves the Judgment of that Religion brought both King and Church to Destruction Nor can you choose but Observe the Holy Discipline and Covenant to be both of a Stile and both of a Design Their Claim concerning Ecclesiastical Matters hooks in all Laws and In the Defence of the true Religion They usurp an Authority over all Magistrates This Discipline at the best is but a Worm at the Root of Civil Government Wheresoever it comes the Secular Power hangs the head and droops upon it and never thrives after But to Sovereign Princes a man might say of it as God said to Adam of the Apple In the day you eat thereof you shall dye the death Now as it is manifestly destructive of Law in the very Foundations of it to carry an Appeal from all Temporal Governours and Constitutions to the Scepter and Sentence of Christ sitting upon his TRIBUNAL in the PRESBYTERY the Language of Beza himself so likewise have they their Preparatory Artifices for Obstructing the Execution of Law and for the Weakening and Distracting of a Government before they enter upon the Great Work of Dissolving it And this is effected by the Trojan Horse as one calls it of their Excommunication that carries all the Instruments and Engines of Publique Ruine and Confusion in the belly of it By Virtue of this Device they do not only impose upon all Ministers and Courts of Justice but they may when they please as Hooker observes send out their Writs of Surcease and fetch in the whole Business of Westminster-Hall to the Bar of the Consistory Or at the fairest according to Beza's Distinction if they allow the Civil Iudg to try the Fact as mere Civile yet de Iure Controverso Ecclesiasticum Synâ—…drium constat Respondisse The Church was to determine in matter of Law and the Civil Magistrate after That to pronounce Sentence according to That Decision Briefly Beza gives the Presbytery the same Power under the Gospel which was Exercised by the Synagogue under the Law But now to the Point of your Excommunication and to shew you in what manner it is apply'd to hinder the Execution of Law and to obstruct Civil Iustice. By One Clause of your Discipline You may Abrogate what Laws you please concerning Ecclesiastical Matters And by Another The Minister is Authorized to handle External things for Conscience Cause So that your Authoritâ—… is without Controul in Ecclesiastical Matters and so is your Liberty of handling Civil Matters as Ecclesiastical Upon which Bottom was founded an Assertion not long since mainteined at the Savoy i. e. That the Command of a most Lawful Act is sinful if That Act commanded may prove to any One a Sin per Accidens Now if the Kirk shall think fit to Abrogate a Law as nothing more frequent whoever shall presume to Execute That Law is sure to be Excommunicate And the Supreme Magistrate himself is no less lyable to Church Censure for not Executing That Sentence then the Inferior Magistrate was for his Original Disobedience The Bishop of St. Andrews in 1586 was Excommunicate for Advising King Iames to a Declaration against Certein Fugitive Ministers that were denounced Rebels and Contriving the Statutes of 1584. touching The Kings Authority in Ecclesiastical Causes Knox is for Excommunication in all Crimes that are Capital by the Law of God and in effect for the Churches Tryal of the very Fact It was not for nothing that the Two Houses held the Assembly so long in Play upon this Point and in Despight of all Importunities to the Contrary kept the staffe still in their own Hands and reserved to Themselves the Ultimate Appeal in Cases of Excommunication Presb Was it not rather the Work of the Independents Who to say the Truth were as much against any Settlement at all as against That And against the very Convening of the Assembly it self Indep And they had done the State a good Office if they had totally hindred it But this is beside our Business We have said enough as to the Dangerous Influence of Presbytery upon the Security of his Majesty and the Law It remains now to be considered with a respect to the Rights and Liberties of the People SECT XXX The Question of Toleration betwixt Presbytery and Independency Debated with a Regard to the Rights Liberties and Advantages of the PEOPLE Indep YOU see how it is with Kings Parliaments and Laws under the Dominion of Presbytery We are now to look into the Condition of the Nobility Gentry Commonalty and of the Presbyterial Clergy it self under
Title to it by Eating Flesh on Fasting-days 'T is the same thing as to the Place Command them to Church They will tell you There is no Inherent Holiness in the Walls The Hearts of the Saints are the Temples of the Lord Is not God to be found in a Parlour as well as in a Steeple-house Finally What have they to say for all This But that This is One Man's Judgment That Another's This or That may be indifferent to you but not to me To conclude What One Man urges All may and in All Cases as well as in Any Which has brought us once again to an indeterminable Liberty The last Resort of all the Champions of your Cause if they be followed home Now if you can assign any other Arbitrator of this Matter then the Civil Power do it If you cannot let us proceed N. C. Go forward then SECT IV. Thâ—… BOUNDS of Toleration And the Error of making Fundamentals and Non-Fundamentals to be the Measure of it C. IN the Question of Toleration says a Learned Prelate the Foundation of Faith Good Life and Government is to be secured Wherein is comprised a Provision and Care that we may live as Christians toward God As Members of a Community toward one another and as Loyal Subjects toward our Sovereign If you 'l take This for the Standard of your Toleration we have no more to do but to apply Matters in Controversie to the Rules of Christianity Good Manners and Government and to entertein or reject all Pretensions thereafter as we find them Agreeable or Repugnant to Religion Morality and Society N. C. Uery well stated truly I think C. All the Danger is the falling to pieces again when we come to bring This and That to the Test. For if we differ at last upon the Application of Particular Points and Actions to the General Heads of Faith and Government already laid down and agreed upon We shall yet lose our selves in Uncertainty and Confusion N. C. There will be no fear of That if we tye up our selves to Fundamentals C. What do you mean by Fundamentals N. C. There are Fundamentals of Faith that bind Us as we are Christians And there are Fundamentals of Practice that oblige us as we are Members of a Community From These Fundamentals there lies no Appeal to Conscience In other Matters which we look upon as Non-Fundamental we think it reasonable to Desire a Toleration C. This Distinction has a fair Appearance but there is no trusting to it First it proposes a thing neither Practicable nor Reasonable which is The Uniting of all People under one Common Bond of Fundamentals What possibility is there of attaining such an Agreement among so many Insuperable Diversities of Judgment as reign in Mankind Insomuch that what is a Fundamental Truth to One is a Fundamental Error to Another and Every Man is ready to abide the Faggot for his own Opinion It is also very unreasonable to exact it God Almighty does not require the same Fundamentals from all Men alike But Much from Him to whom Much is given and Little from Him to whom Little And from All according to their differing Degrees and Measures of Grace and Knowledg You will likewise find your self under great Uncertainty about the Stating of your Fundamentals For divers Circumstances of Little or No value in Themselves become Fundamental in respect of their Consequences As for Instance That Christ died for Sinners I presume shall be one Article of your Faith But whether upon Mount Calvary or some other part of the Neighbourhood seems of no great Moment as to the Main of Our Salvation And yet he that denies that Our Saviour suffer'd upon Mount Calvary puts as great an Affront upon the Veracity of the Holy Ghost in the Gospel as He which denies that he suffer'd upon the Cross. N. C. I give it for Granted that from some more is required from others less In proportion to their Differing Gifts and Graces But then there are some Principles so Essential to Christianity and so clear in Themselves as to admit of no Dispute C. Saving That Grand Foundation of Our Faith that Iesus Christ is come in the Flesh and that Whosoever confesses that Iesus Christ is the Son of God God dwelleth in Him and He in God Saving I say That Radical Principle which if we disbelieve we are no longer Christians There is scarce One Point that has not been subjected to a Controversie If you reduce your Fundamentals to This Scantling Your Creed will lie in a very Narrow Compass But your Toleration will be Large Enough if you are at Liberty for the rest Touching the Clearness of them I do not comprehend it For Supernatural Truths hold no Proportion at all with the Ordinary Motions of Humane Reason If They be so clear Tell us What they are Where we shall look for them and How we shall know them when we have found them N C. Where should we look for the Foundation of our Faith but in the New-Testament of Jesus Christ C. But still we do not all read the Bible with the same Spectacles To draw to an Issue Generals conclude nothing so long as we are left at Freedom to wrangle about Particulars and you will find much surer footing upon the Foundations of Establish'd Law then upon the Whimseys of Popular Speculation To my thinking the Doctrine and Discipline of the Church of England as it is settled by Acts of Parliament with other Legal Constitutions for the Peace and Order of the Government are every whit as competent a Provision for the Good of the Publique as your new Fundamentals N. C. The Point is not as you seem to understand it a Competition between Our Fundamentals of Notion and Yours of Law But an Inquiry concerning the Limits of a Iustistable Toleration C. Very Good And you refer us to your Distinction of Fundamentals and Non-Fundamentals as to a Rule how far we are at Liberty and wherein we are Bounded But This will not do the work and I have spent the more words about it because I find This Distinction the Ordinary Retreat of Your Party The Truth of it is there 's not One of a Hundred of you but takes This Question by the wrong Handle You make it a Question of Conscience and Religion What may be Tolerated and what not Whereas the thing falls properly under a Consideration of State In Matters not to be Tolerated as in Articles of Religion The Magistrate is positively bound up In other Cases He may chuse whether he will Tolerate or Restrain That is to say with a perpetual Regard to the Qâ—…iet and Security of the Publique Where Particulars may be relieved without Inconvenience to Communities it is well But otherwise Private Consciences weigh little in the Scale against Political Societies And Toleration is only so far allowable as it complies with the Necessities and Ends of Government N. C. That is to say according to your first
a Total Dissolution of Ecclesiastical Order and Consequently to a Confusion both in Church and State N. C. I do not find my self much press'd by any thing now offer'd If a Toleration unhinges the Law 'T is but making the Law a little Wider and then that Block is removed And so is the Fear likewise of bringing present Importunities into President For All Tolerable Liberties may be comprehended within that Latitude And as to the matter of Imposing Faction for Conscience such a Probiston secures You as well as the Act for Uniformity C. I have spoken as much as Needs to this Point If you think you have any Right to a Toleration make it out and Approve your selves for a Generation of People to Whom the King may with Honour and Safety Extend a Bounty SECT VII The Non-Conformist's Plea for Toleration upon REASON OF STATE C. THe Ordinary Motives to Indulgence are These Three 1. Reason of State 2. The Merits of the Party 3. The Innocence and Modesty of their Practises and Opinions What have you to say now for a Toleration upon Reason of State N. C. The Non-Conformists are the King's Subjects and What 's a King without his People C. By Birth and Obligation they are the King's Subjects but if they be not so in Practise and Obedience They have no longer any Title to the Benefit of his Protection And such Subjects are the worst of Enemies N. C. You will not deny them however to be a Numerous Party And a People of Conduct and Unity Which puts the Government under some kind of Prudential Necessity to oblige so Considerable an Interest C. If they be consequently Dangerous because they are Numerous The Greater the Number is the greater is the Hazard And therefore because they are many already and will encrease if they be suffer'd They are not to be Tolerated N. C. But Men will be much more Peaceable when they are Indulged then when they are Persecuted C. Now I am perswaded that the Multitude will be much quieter without a Power to do Mischief then with it But what is your Opinion of the Honesty of the Party N. C. I do seriously believe the Non-Conformists to be an Honest Consciencious sort of People C. But they must be Knaves to make Good Your Argument for if they be Honest They 'l be quiet without a Toleration If they be Dishonest They 'l be Dangerous with it Consider again If there be any Hazard it lies not in the Number but in the Confederacy A Million of Men without Agreement are but as One Single Person Now They must Consult before they can Agree and They must Meet before they can Consult So that barely to hinder the Assembling of these Multitudes frustrates the Danger of Them Whereas on the other side To Tolerate Separate Meetings is to Countenance a Combination N. C. Mistake me not I do not say 't is likely they will be troublesome in Respect of their Temper and Iudgments but that they are Considerable enough to be so in Regard of their Quality and Number C. Whether do you take to be the Greater Number Those that singly wish to be discharg'd from the Act of Uniformety Or Those that would have no Law at all Those that are troubled because they may not Worship according to their Fancy Or Those that are displeased because they cannot Live and Rule according to their Appetite The Truytor would have One Law discharg'd The Schismatick Another The Idolater a Third The Sacrilegious Person a Fourth The Profane Swearer a Fifth The False Swearer a Sixth The Murderer a Seventh The Seducer an Eighth And in sine Not One of a Thousand but had rather Command then Obey Shall the King therefore dissolve the Law because there are so many Criminals That were to raise an Argument against Authority from the very Reason of its Constitution Shall the People be left to do what they list because a World of them have a Mind to do what they should not Shall his Majesty give up his Government for fear of some Millions perchance in his Dominions that had rather be Kings then Subjects Less forcible beyond Question is the Necessity of the King 's Granting a Toleration if you reckon upon Numbers then That of Renouncing his Sovereignty For doubtless where there is One Man that is truly Scrupulous there are hundreds of Avaricious Ambitious and otherwise Irreligious Persons N. C. Tell me I beseech you Do not you believe that there are more Nâ—…n-Conformists now then there were at the beginning of the Late War C. Yes I do verily believe Three to One. N. C. Why then 't is at least Three to One against You For at That time the Third Part of This Number was the Predominant Interest of the Nation C. That does not follow for you may remember that at the beginning of the late War The Party were Masters of the Tower The Navy of all Considerable Forts Towns and Magazins They had a great part of the Crown and Church Revenues under their Command and London at their Beck Beside the Plunder of Malignants and the Bountiful Contributions of the Well-affected Scotland was already Confederate with them in One Rebellion and they had made sure of Another in Ireland by Persecuting the Earl of Strafford who was the only Person Capable of Keeping them Quiet Which they further assisted by a Gross Opposition of his Majesties Proposals and Resolutions to suppress it See the King's Speech of Decemb. 14. 1641. and the following Petition concerning the same Finally for the better Countenance of their Usurpations the House of Commons was drawn down into a Close Committee and the Votes of that Iunto were Impos'd upon the Nation as the Acts of a Regular and Complete Authority This was their Condition formerly but blessed be God it is not so at present The Three Kingdoms are now at Peace and we have a Parliament that is no Friend to the Faction The King is Possest of a Considerable Guard which his Royal Father wanted The Militia is in safe Hands His Majesty is likewise possest of his Regal Power and Revenue And his Capital City firm in its Obedience To all which may be added that although divers Particulars are as Wealthy as Pillage and Pardon can make them Yet They want a Common Stock to carry on a Common Cause The Thimbles and the Bedkins fail and the Comfortable In-comes of Irish Adventures Moneys and Plate upon the Propositions Confiscated Estates Twentieth Parts and Weekly Assessments and a hundred other Pecuniary Stratagems are departed from them If it be so that these People have None of these Advantages now remaining by virtue whereof they did so much Mischief before What Necessity of Tolerating for fear of Disobliging Them N. C. However It is not for your credit to say these People want Conduct by whom your selves have been worsted C. The Men that worsted us were a sort of People that Voted down Bishops
and Unity of the Church for Trifles Things Indifferent and relating to Outward Order and Worship N. C. In Prescribed Forms and Rites of Religion The Conscience will interpose and concern it self and Cannot resign it self to the Dictates of Men in the Points of Divine Worship And Those Injunctions which to the Imposers are Indifferent in the Consciences of the Dissenters are Unlawful And What Humane Authority can warrant any One to put in Practice an Unlawful Or Suspected Action Pa. 26. C. If This be really Conscience You will be found as Cautious in venturing deliberately upon a Suspected Action in all other Cases as you are in This. But what if it shall appear that This Fit of Tenderness only takes you when you are to pay an Obedience to the Law and that you are as Bold as Lions when you come to oppose it Will you not allow us to think it possible that there may be somewhat more in the Importunities and Pretences of the Non-Conformists then Matter of CONSCIENCE 'T is a Suspected Action to Kneel at the Sacrament but None to hold up your Hands at the Covenant You make a Conscience of disclaiming the Obligation of That Covenant in Order to the Security of the Government But None at all of Leaguing your selves in a Conspiracy for the Subversion of it Where was your Tenderness in Suspected Cases when to Encourage Rapine Sacriledge and Rebellion was the Common Business of your Counsels and Pulpits When it was safer to Deny the Trinity then to Refuse the Covenant When the same Persons that started at a Ceremony made no Scruple at all of Engaging the Kingdom in Blood and laying Violent Hands upon their Sovereign Is not This Streining at a Gnat and swallowing a Camel N. C. The Non-Conformists I know are charged with Principles that detract from Kingly Power and Tend to advance Popular Faction It is true They have been Eager Asserters of Legal Liberties Pag. 40. But These are Things gone and Past and Nothing to our Present Purpose The Wise Man says He that repeateth a Matter separateth very Friends A looking back to former Discords mars the most hopeful Rediâ—…egration Acts of Indemnity are Acts of Oblivion also and must be so observed Pa. 41. C. The Non-Conformists The Sole Actors in the late War were only Eager Asserters it seems of Legal Liberties You do not deal so Gingerly with the Bishops in the Point of Ceremonies as to let them come off with the Character of Eager Assertors of Legal Authorities So that herein also Your Consciences stumble at Straws and leap over Blocks Now Whereas You will have it that a Reflection upon former Discords is a Violation of the Act of Indemnity And Impertinent to Our Purpose My Answer is First That I do not revive the Memory of former Discords as a Reproach But I make use of some Instances out of former Passages to make Good my Assertion That Your Conjunct Impâ—…rtunity for a Toleration is not grounded upon Conscience And to shew you that your Practises and Professions grin One upon Another For Conscience is all of a Piâ—…ce Not Tender and Delicate on the One side and Callous and Unfeeling on the Other Secondly Suppose We should make a little Bold with the Act of Oblivion I think We have as much right to do it as You have to fall foul upon the Act of Uniformity Unless you conceive that the Mercy you have received by One Law gives You a Privilege of Invading all the rest As to Authority it is One and the Same in Both and if there were any place for Complaint against the Equity of a Legal Establishment it would lie much Fairer against the Act of Indemnity on the behalf of the Royallists that have ruined their Estates and Families in the Defence of the Law and yet after all are thereby condemned to sit down in Silence and Despair Then against the Act of Uniformity on the Behalf of the Non-Conformists Who by the One Law are secured in the Profits of their late Disobedience And by the Other are taken into the Arms of the Church according to the Ancient and Common Rule with the Rest of His Majesties Protestant Subjects The Same Rule I say saying where it is Moderated with Abatements and Allowances in Favour of Pretended Scruples N. C. Whereas you make the Non-Conformists the Sole Actors in Our late Confusions You run your self upon a great Mistake For It hath been manifested to the World by such as Undertook to Iustifie it when Authority should require That the Year before the King's Death A Select Number of Iesuiâ—…s being sent from their whole Party in England Consulted both the Faculty of Sorbonne and the Pope's Council at Rome touching the Lawfulness and Expediency of Promoting the Change of Government by making away the King Whom They Despaired to turn from his Hereste It was Debated and Concluded in Both Places That for the Advancement of the Catholick Cause It was Lawful and Expedient to Carry on that Alteration of State This Determination was effectually pursued by many Iesuits that came over and Acted their Parts in several Disguises Pag. 15. C. If This be True and Proveable as You affirm it is You cannot do the Protestant Cause a more Important Service then to make it out to the Parliament Who You know have judg'd the Matâ—…er Worthy of their Search and have appointed a Committee to receive Informations Pa. 2. Nay which is more You are a Betrayer of the Cause if you do it not The WHOLE PARTY in England do you say Prove out This and you kill the whole Popish Party at a Blow This was the Year before the King's Death it seems Whas not That within the Retrospect of the Act of Indemnity If so tell me I beseech you Why may not We take the same Freedom with the Non-Conformists that You do with the Papists N. C. We shall never have done if you lash out thus upon Digressions Pray keep to the Question C. As close as you please What if a Man should shew You a Considerable Number of the Eminent and Active Instruments in the late War to be now in the Head of the present Outcry for Toleration Take This into your Supposition too that These very Persons promoted Our Troubles This very Way and Proceeded from the Reformation of Discipline to the Dissolution of Government Are We bound in Charity to take all their Pretensions of Scruple for real Tenderness of Conscience N. C. Beyond all Question unless you can either Evidence their Errour to be Unpardonable or the Men Themselves Impenitent C. Why then let Amesius determine betwixt Us. Peccata illa quae publicè fuerunt nota debent etiam Confessione Publicâ damnari quià ad quos malum ipsum Exempli Contagione pervenerat ad eos etiam Poenitentiae ac Emendationis Documentum si fieri possit delet transmitti PUBLIQUE SINS require PUBLIQUE CONFESSION To the End that as many as
of a Religious Education C. If This be All never Trouble your selves for many an honest Man has out-liv'd more then this comes to In short There 's a huge Clamour but God knows with little Reason Some Particulars will possibly suffer for want of a Toleration and who are They but the Profest Opposers of the Law And on the Other side All the Friends of the Government will suffer by it If you would see the Event of Granting what you ask Turn but your Face toward 41 and then Blush and Repent Besides You 're not aware that in Contesting with the Law you Quarrel with your self THERE' 's YOUR OWN VOTE AGAINST YOU and all this Muttering is no other then your Factious Will wrangling with your Political Consent And yet I say Stick to your Conscience Let us now put the Case of a Real Distance betwixt This Act and your Conscience How will you divide your Duty N. C. I 'le follow your Advice and stick to my Conscience C. Now change Hands and make your self the Supreme Magistrate He has a Double Conscience One that concerns Himself the Other his People What his Majesties Personal Iudgment is has been Declared Abundantly What his Prudential Iudgment may dispose Him to lies in His Royal Brest But be That as Heaven shall Order it Here 's the Partition of your Rights The King's Prerogative has nothing to do with your Conscience and your Conscience has as little to do with His Majesties Prerogative The King is Accomptable to God for the Welfare of his People and You are only Accomptable to God for the Good of your little Particular If You cannot Obey the Law Do not But abide the Penalty If the Sovereign cannot Relax the Law He 's as Free to Execute it Your Conscience requires Liberty and your Governour 's Conscience requires Order Now why you should expect that your Sovereign should bring down His Conscience to Yours when you find upon Experiment that you cannot perswade your Own to come up to His is to me a Mystery To Conclude Keep your self within your Sphere and where you cannot Consent as a Christian Submit as a Subject that We may at last hope for some Respite from the Calamities of Sedition and Schism N. C. And why not Scandal and Profaneness too For the Edge of your Severity might be directed to much better Purpose That way SECT XXIV The Church of England charges the Non-Conformists with SCHISM and the Non-Conformists charge those of the Church with SCANDAL The Matter is taken into Debate N. C. YOur Position is That no Toleration is to be admitted to the hazzard of Religion Good Life and Government Keep to That Standard and you will find that the Conformists have as little Pretense to a Toleration as their Neighbours and that the Notorious Scandal on the one side outweighs the Objected Schism on the other C. This will scarce hold if you come to be Try'd by your own Laws which make it a Matter of Scandal by Writing Preaching or otherwise to publish a Disaffection to the Present Government But Explain your self N. C. By Scandal I mean Habitual Prophaneness Sensuality Dissolution of Manners c. As by Schism I suppose you intend our Incompliances with your Church-Discipline Weigh These Two now One against the Other and do you your self hold the Balance Set up your Tavern-Clubs against our Conventicles Oppose your Combinations against God Himself to our Plots against the Government For you must not take it Ill if I tell ye that Atheism is become the Sport and Salt of your most Celebrated Enterteinments And when you have dash'd the Bible out of Countenance with the Story of the Three Grand Impostors or some such Lashing Piece of Drollery The Questioning of God's Over-ruling Wisdom by Solemn Arguments and the Placing of Fortune in the Throne of Providence is that which commonly Crowns your Conversations C. You should not charge Personal Crimes upon a Party unless you can prove them to be rationally Consequent to the Tenets and Actings of That Party Now if you can shew me any Affinity betwixt our Principles and These Impieties you say something But if you cannot The Dust of your Argument puts out your own Eyes I do not wonder I must confess to see a Nation Over-run with Atheism that has been so many Years under your Tuition or to find the Brat of a Conventicle laid at the Church-Door N. C. May not We charge Personal Extravagancies upon your Party as well as You do upon Ours C. Yes If you can prove the same Agreement against Us betwixt the Faults of the One and the Principles of the Other which we are able to justifie against You. The Episcopal Party you know stood for the King and it is undeniable that the King and Church had the same Cause and Fate It is as unquestionable on the other side that the Non-Conformists destroy'd both the One and the Other Not by Accident neither but by a Form'd and Excogitated Design wrap'd up and couch'd in the very Mystery and Foundation of the Schism Your Separation from a Communion with the Church resolving naturally into a Combination against the Entire Frame of the Government till in the End by the help of a Peinful and Well-effected Ministry the Generality of the People were Preach'd into This Division i. e. Those that could not reach the Cheat were taught to Scruple at Every Thing and Those that went along with it to make a Conscience of Nothing And this is it that has brought us to be so Pester'd with Enthusiasts and Atheists N. C. But let me tell ye again the Atheists are of the Other Party C. And let me enform you too that your Proceedings have made Atheists more ways then One First The meer Quality of your Cause has made Atheism the Interest of a great many of your Partakers who to put off the Thought of a Divine Vengeance attending them if there be a God Endeavour for their own Quiet to perswade themselves that there is no God at all Secondly The Work has been carried on under the Masque of Holiness and the most Desperate Atheist is nothing else but a Crusted Hypocrite I speak of your Religious Atheist who has This Odds of the Profane and Scoffing Wretch that he abuses God to his Face and in his own House The Great Atheists indeed are Hypocrites says Sir Francis Bacon which are ever bandling Holy Things but without Feeling so as they must needs be Cauteriz'd in the End It is Remarquable as I have elsewhere recommended to your Observation that in the Holy Scripture there are not so many Woes pronounc'd nor so many Cautions Inculcated against any sort of People as against Hypocrites You shall there find that God has given the Grace of Repentance to Persecutors Idolaters Murtherers Adulterers c. But I am mistaken if the whole Bible yields any one Instance of a CONVERTED Hypocrite Thirdly You have done more in your Practises
Opinion in his Grand Declaration of Aug. 12. 1642. where he complains of the Tumultuous Assemblies of Brownists Anabaptists and other Sectaries Indep But still you will find in the same Page that These very People were Animated and Countenanced by Presbyterians and Acted as the Creatures and Servants of That Interest Presb. Can you say that the English or Scottish Preshyters did ever go about to Dissolve Monarchy Indep Yes And I do aver that the Nineteen Propositions of Iune 2. 1642. were as much a Dissolution of Kingly Government as the very Act it self of March 17. 1648. for Abolishing it And the Uxbridge Propositions were to the same purpose Presb. You know very well that after the New-Modelling of the Army the Presbyterians were able to do nothing and this was a good while before the King went to the Scots Indep Let us see then how the Presbyterians behaved themselves after his Majesty cast himself into the Protection of the Scotch Army before Newark in May 1646. Notice was Immediately given of it to the Two Houses by the Commissioners of the Army Importing their Adherence to the Covenant and Treaty and that they had no fore-knowledge of his Majesties Coming The English Army presently March'd with 5000 Horse and 〈◊〉 toward Newark and our Brethren fairly retreated with the Prey in the Foot toward Newcastle After This Both Parties stood at Gaze for several Months but not without a World of Tedious Papers betwixt the Scotch Commissioners and the Two Houses touching their Ioynt Right in Disposing of the Person of the King But in the Conclusion The Presbyterians Compounded the Controversie for the Sum of 400000l In May they took their Sovereign into their Protection In the December following they Sold him and in February they Deliver'd him up And All This According to their COVENANT Presb. They must needs Deliver him up when they could Keep him no longer Indep They had at that time the City of London to Friend a Balancing Vote in the House of Commons a Considerable Mixture in the Army Scotland behind them Entire if ever the Kings Interest came in Play And at least Ten Thousand Men in a Body The Royal Party over and above So that here was no visible Force to over-awe them And Lowdon himself acknowledged as much at a Conference Octob. 6. 1646. If any such Course shall be taken says he or any Demand made for Rendring of his Person which cannot stand with his Honour and Safety or which cannot consist with our Duty Allegeance and COVENANT nor with the Honour of That Army to whom in time of his Extreme Danger he had his Recourse for Safety It cannot be Expected that we can be Capable of SO BASE AN ACT And if to shun this and avoid occasion of Quarrelling between the Kingdoms He shall go to Scotland and resent his Expulsion out of England and crave the Assistance of That Kingdom for Recovery of his Right to This Crown He may in a short time raise such Forces in Scotland and Ireland as with the Assistance of Forreign Princes these Kingdoms may be made a Field of Blood c. By This it appears Evidently that They were under no Necessity of Delivering the King And you may now see their Opinion of the Action it self If it be Contrary say the Scotch Commissioners to the Law and Common Practise of Nations to Delivâ—…r up the meanest Subject fled to them though it be for the Greatest Crimes How much more would the World abroad condemn our Army for a BASE DISHONOURABLE Act if they should Deliver up their Head and SOVEREIGN having cast himself into their Hands to be Disposed of at the Arbitrâ—…ment of another Nation Presb. But yet you saw that they Condition'd for his Honour Freedom and Safety Indep That 's a Shuffle For upon such Terms did they render him that they might have cast a Sheep into a Herd of Wolves with as much Confidence and Likelihood of Safety You are here to distinguish the Fâ—…ction of Scotland from the Nation No Country affording greater Instances of Honour and Loyalty Nay I have heard even on This Occasion that upon the Kings Earnest Desire to go for Scotland It was carried in the Negative but by Two Voices Presb. Can you Imagine that if they had apprehended any Danger to his Râ—…yal Person they would not have ventur'd their Libes a thousand timeâ—… over to have sav'd him Indep No no But on the Contrary They Foresaw the Danger debated it and yet expos'd him Nay which is still worse they reserv'd him for it Were not his Majesties Friends kept from him by a strict Order at Newcastle Was he not Spied and Guarded for fear of an Escape And upon Information that He intended one Was not a narrower Watch set over him That they foresaw the Danger is confest by the Chancellor Himself Lest we should walk in the Dark says he upon Obscurity of Ambiguous Words I shall desire that the Word of Disposing of the Kings Person may be rightly understood For Dolus versatur in Universalibus For to Dispose of the Person of the King as Both Houses or Both Kingdoms shall think fit may in some sense be to DEPOSE or WORSE And in a Speech to his Majesty he goes yet further If your Majesty says he shall refuse to assent to the Propositions which God forbid you will lose all your Friends lose the City and the Country and All England will joyn against you as one Man And when all hope of Reconciliation is past it is to be feared they will Process and Depose you and set up another Government Upon your Majesties refusing the Propositions both Kingdoms will be Constreined for their mutual Safety to Agree and Settle Religion and Peace without you which to our unspeakable Grief will ruine your Majesty and your Posterity And if your Majesty reject our Faithful Advice and lose England by your Wilfulness your Majesty will not be permitted to come and ruine Scotland Presâ—… These Propositions I suppose were of Absolute Necessity to the Well-Being of the Publique they would never have been brought in Competition else with the Kings Freedom Life and Dâ—…gnity Indep The King was first to Iustifie the Prâ—…ceedings of the Two Houses and to deliver up to Death Beggery and Infamy his Whole Party 2. To Settle the Militia of England and Ireland in the Hands of the Parliament for Twenty Years giving them Authority to raise Men and Moneys 3. To make vâ—…id all Honours since 1642 and no Peers admitted for the future to Sit â—…nd Vote in Parliament but by Consenâ—… of Both Houses who were likewise To dispose of all Great Places and Offices of Honour in England and Ireland 4. His Majesty was to Swear and Sign the COVENANT and Command the taking of it throughout the Three Kingdoms Abolishing Episcopacy and Settling Religion as Both Houses should Agree Upon his Majesties Refusal to Sign These Propositions the Scotch Declaration of Ian.
that Discipline Which will best appear by a view of the Powers which the Presbytery claims and Exercises But let me Commend One Note to you as Previous to that Examination This Party has constantly screw'd it self into the World by an Oath of Mutual Defence Which Oath they apply as well to the Ruine and Extirpation of their Opponents as to their own Preservation by making it a Test of good Affection to That Interest and Excluding all People whatsoever from any Office or Benefit Ecclesiastical or Civil without subscribing it You cannot deny but this Oath in the very Institution of it is a Violence both upon Law and Conscience and Consequently that the Imposition falls heaviest upon those that make an Honourable and Religious Scruple of their Actions So that here is already exposed the most Considerable part of the Nation for the Subject of their Displeasure with their Lives Liberties and Fortunes at Mercy as you will find upon a further Consideration of their Usurped Authority and Iurisdiction Presb. Leave this way of General Discourse and come to Particular Instances Where is it that you find This Exorbitant Power that you talk of Indep In the very Declaration of the Commission of the General Assembly of Scotland 1648. page 53. The Duties of the Second Table as well as of the First As namely the Duties between King and Subject Parents and Children Husbands and Wives Masters and Servants and the Like being conteined in and to be taught and cleared from the Word of God are in That Respect and so far as concerneth the Point of Conscience a Subject of Ministerial Doctrine and in Difficult Cases a Subject of Cognizance and Iudgment to the Assembly of the Kirk The Dispute here was about the Assemblies Authority in the Question of War or Peace Is not This at one Blow to destroy the Order of all Relations Political Natural and Moral Princes must not presume to make War or Peace To Enact Laws or Abrogate To Spare or Punish without Ecclesiastical Licence The Subject must go to the Masters of the Parish to know whether he shall Obey Authority or Resist it And after the same manner it fares with Parents and Children Husbands and Wives Masters and Servants So that there is not any Person either Publique or Private Or any Action or Office of Regard to Community Family or Alliance that scapes their Pragmatical Scrutiny and Inspection Presb. So far as these Duties are matter of Conscience there is no Doubt but they are of Ecclesiastical Cognisance and further then so they make no Pretension Indep But you must give me leave to tell you then that their Consciences are larger then other Peoples The Old Nonconformist as au Expedient for the settling Ecclesiastical Affairs Page 43. proposes the setting up of Work-Houses for the Poor the Carrying on of the Fishing Trade The taking off of Protections that none may be Imprison'd but according to Law and the Abatement of Taxes The Assembly at Glasgow 1638. passed an Act concerning Salmon Fishing and another about Salt Pans And all This I Warrant ye so far as they concerned Point of Conscience But if you would see what the Consistory calls Conscience in the full Extent we must repair for satisfaction to their Direction and Practises in the matter of Conscience and Excommunication The Kirk proceeds to Excommunication in all Capital Crimes where the Offender that deserv'd to dye is suffer'd to live And in Cases of Fornication Drunkenness Swearing Cursing Sabâ—…ath-Breaking Wanton Words Contempt of the Orders of the Church Oppression of the Poor Deceipt in Buying and Selling by wrong Mete and Measure Presb. Well and what hurt 's in all this Indep None at all But let me proceed They Censure also Excess in Apparel Meat or Drink UNCOMELY GESTURES Contentiousnes without reasonable Cause Chiding Brawling VAINWORDS Every fault that tendeth to the Hurt of a Man's Neighbour or to the Hindrance of the Glory of God Whether by Force or Fraud Word or Deed Manifestly or Secretly Purposely or Ignorantly And the Judgment of the whole is left to the Discretion of the Church So that your very Thoughts are not free The Spiritual Ruler says the Book of Discipline Iudgeth Both Inward Affections and External Actions in respect of Conscience by the Word of God Upon which ground they take upon them to Censure the very SUSPICION of Avarice and Pride Superfluity or Riotousness in Chear or Rayment But upon Dancers Robin Hoods and all Games that brings Loss they have no mercy These particulars are extracted to a syllable out of the most Authentical Records they have to shew for the Warrant of the Scottish Discipline Our Blessed Model But many People perchance will make it a matter of nothing to be Excommunicate upon a Supposition that the Anathema is the uttermost spite of the Censure They never dream of Carâ—…ings Iogges Pillories Shaving their Beards and Cutting half the Hair of their Heads Banishments Pecuniary Muâ—…cts Close Imprisonments and all sorts of Studied Defamations Nay If any man refuse to Subscribe their Confession of Faith Rule of Government and Manner of Worship He is forthwith Excommunicate and upon Remonstrance of a Commissioner from the Presbytery to the Civil Iudg a Warrant granted commanding him to Conform by a Day Certein or to be OUTLAWED If he Conform not within that time his ESTATE MOVE ABLE is FORFEITED and if not within a Year and a Day he Loses his whole REVENUE for his Life After This at the further Instance of the Churches Commissioner Out go Letters of Caption for Apprehending of his Person and Committing him as a Rebel And if he be not to be found These are follow'd with Letters of Inter-Communing forbidding all men either Personally to Confer with him or by Letter or interposed Person to Correspond with him upon Pein of the Inter-Communers being Iudged and Reputed a Rebel of the same Guiltiness As to the General Rule of Excommunication no Person Wife and Family excepted is to have any Communication with the Excommunicate be it in Eating or Drinking Buying or Selling Yea in Saluting or Talking with Him Unless at Commandment or License of the Ministry for his Conversion His Children Begotten and Born after That Sentence not to be admitted to Baptism till of Age to require it Unless the Mother or some special Friends Members of the Kirk Offer and Present the Child Damning the Iniquity and Contempt of the Impenitent There are that do not allow Husbands to accompany with their Wives in the State of Excommuni cation Now upon what has been deliver'd Let any Man Consider the Unchristian Rigor of This Disciplinary Inquisition not only in the Actual Tyranny of it but in the more Miserable Consequences First as it Scandalizes the Gospel and makes the Death of Christ seem to be no Effect by Imposing upon Us such Conditions of Salvation as if the Blessed Angels should descend and Indue Humane shapes they were