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A52594 A discourse of ecclesiastical lawes and supremacy of the kings of England, in dispensing with the penalties thereof by Mr. Philip Nye. Nye, Philip, 1596?-1672. 1687 (1687) Wing N1490A; ESTC R41353 35,351 41

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they have been diverse and may be changed according to the diversity of Countrys and Mens manners So that nothing be ordained against God's Word It is granted that even these Ecclesiastical Lawes ought to be conformable to the Word of God and to these general Rules laid down in the Scripture for ordering the Worship and Service of God in the Churches as let all things be done decently and to edification Give no offence to Jew or Gentile and the like but not to be mens mere inventions That distinction which some would make of things against or contrary and what is according to the Word of God as they apply the one to matters of Faith the other to matters of Order is a distinction without a difference there is more wit than truth in that interpretation of Christ's words He that is not with me is against me and in another place He that is not against me is with me applying one to matters of Faith the other to matters of Order There is no such distinction to be made but Rites Ceremonies and matters of Order ought to be according to God's Word as well as matters of Faith. Magistrates are to judge circa res Ecclesiasticas de iis si fidei sint dogmata vel ritus Ceremeniae earumque veritatem equitatem juxta verbi divini normam Mocket de Pol. Eccl. Anglicanae cap. 30. And the Power of the King stands not in forming new Articles of Faith or formes of Religion and such as were Jeroboam's Calves but in defending and propagating that Faith and Religion of which God in the Scripture is the undoubted Author faith Mason of Bishops cap. 5. It is evident those holy men our first Reformers made no such distinction but that all should be done according to God's Word laying before them these general Rules in Scripture even in retaining that which hath been so offensive for of the retaining Ceremonies there is this account given by them viz. because they appertain to Edification whereunto all things done in the Church as the Apostle teacheth ought to be referred And our Liturgy saith thus There is nothing to be read but the very pure Word of God and the Holy Scriptures or that which is evidently grounded upon the same Preface to the Common-Prayer God be thanked saith good King Edw. 6. we know both by his word what is fit to be reformed and have amended c. The Bishop of Rome and his Jurisdiction is taken away and abolished because is had no ground or establishment in the Lawes of God. Injunct Ed. 6. So Pil grimages Offerings Beads Images are done away being works devised by man fancy and beside Scripture It is convenient thus distinctly to have insisted upon what we term Religion or Matters Ecclesiastical according to that sense in which the Civil Magistrate assumes to himself the ordering hereof and what influence and authority the Scriptures have or ought to have in these Rites of the Church and matters of Orders as well as matters of Faith. For hereby it appears whence it is mens Consciences are more concerned in these Lawes than in other municipal Lawes of the Nation and their not being free to submit to these Ecclesiastical Lawes when not formed according to God's Word is no evidence of that Seditious spirit that kicks against all Lawes 2. There is a necessity and that of much greater importance Provision be made of Dispensations c. as occasion shall be of Lawes Ecclesiastical than Civil In Matters of Religion and the Service of God 1. Multitudes there are of loose and prophane Persons and in respect to such neither are the Lawes in themselves nor in the execution of them severe enough 2. Against POPISH Recusants the Lawes have been severe enough yet in the Execution great Moderation 3. There are those and blessed be God great numbers who are not only Orthodox in Faith but of unblameable life in the greater things of the Law and Gospel These have faln under most fevere Lawes and of late with greatest severity put in execution and would be utterly ruined if there be no means of relaxation It is in the behalf of these I argue this Necessity of Indulgence and from these and the like Considerations 1. There is a greater proneness in conscientious men to scruple and to be doubtful in their obedience to the Ecclesiastical than to the Civil Lawes of a Nation as before 2. The great difficulty in forming Lawes wherein mens Consciences are immediately concerned so as not to dissatisfie some if not many 3. If those Lawes be not according to Scripture in the apprehensions of those that are to obey whatever they are in themselves it 's our Sin if we obey it 's not so in Civil commands 4. It is not of so ill consequence for us to yield obedience to a Civil as to an Ecclesiastical Law if ill constituted by the State. 5. From what is found in a manner peculiar in these our Ecclesiastical Lawes and the administration of them many ways prejudicial to the subject there is a necessity some such provision be found on our behalf of this kind 1. The real doubts and scruples about our obedience in these Ecclesiastical Matters cannot but be more and greater than in other Lawes A man of the greatest knowledge in these things knoweth but in part and the most men have but a parcel in this part It is true the Principles and the greater matters of Religion are in great perspicuity laid down in Scripture which gives knowledge to the Simple but these matters of Circumstance and external order we have for the most part in the generals only and hints from Examples and Customs of the Apostolical Churches in the interpre terpretation whereof the most learned find difficulties and are divided Now the want of Knowledge is the ground of scruple and doubts in our practice 1 C. 8.7 For the working of Conscience is from the ultimate resolution of the practical understanding and hence it is that the same Practice may be not only scrupled but a Sin to one man that is not to another upon the account of different apprehensions There may notwithstanding be integrity and sincerity in both and therefore they are tenderly to be dealt with as the Apostle requires which you read in Rom. 14. 2. A great difficulty there is to form Ecclesiastical Lawes they being to be the same where uniformity is much stood upon for a whole Nation so as not to leave grounds of dissatisfaction to many mens apprehensions being various thorough the degrees of Light in so much as that may be Sin to one man which is a liberty to another of a greater degree of light A little is next to nothing and what is indifferent is nearest in likeness to moral Good or Evil. Hence so frequent mistakings And as it is with particular Persons so may it be with a Society or Company of men one true Church in these things differing from another and
the same Church differing from it self upon further discoveries A Synod a Parliament may judge such and such things that they who are to submit may sincerely scruple and stick at as Sin. If Churches and Men heavenly enlightned are thus exposed to vary in their apprehensions we cannot be confident of any Councel or Assembly made up of the most Wise and Prudent Men. Parliaments are chosen by the votes of the promiscuous multitudes in respect we would hope to their sufficiency in managing our Civil and Temporal concernments but as to their Skill and Ability to discern and judge of such matters appertaining to Order in the Service and Worship of God all men have not this Knowledge this is little or not at all attended by those that Elect them by reason whereof Matters wherein mens Consciences are concerned are not at all times carried by those who are most Conscientious in that Assembly who are not alwayes the Major part yet notwithstanding are required in their Consciences to assent and consent to such Determinations being made although possibly near one half in number dissented in the passing of them and it is unavoidable in all and the best Assemblies that are chosen by the general suffrage of a Nation Again These matters of Ceremony and external Order are sometimes managed in part with respect to a Party different in their apprehensions and who thereupon form these Lawes with respect to Prudence as well as Conscience In our first Reformation it was said such Superstitions are taken away a●time would serve quietly to do it and many things were left remaining in our Liturgy which otherwise would have been removed in compliance with that form of divine Service used-before by the Papists that they may not be provoked but rather won thereby to our Religion Womens Baptizing was continued in our Liturgy saith the Bishop of Winchester else the Book would not have passed the House Conf. at Hampton-Court King James was once willing that some Ceremonies giving offence should be removed But the Parliament then sitting thought it not Prudence and our present Sovereign would have done a great matter for the Ease of Tender Consciences as appears by some of the Declarations herein after mentioned but it stood not with the Prudence of this House as they expressed in their Answer without whose concurrence His Majesty thought not fit then to do it 3. From mistaken Principles as that there can be no Vnity without Vniformity that there can be no Discipline in a Church without some Ceremonies of humane Institution that things in Worship indifferent become necessary being imposed by Authority That things in matters of Order that are once established and some time continued in the Church may not with safety be altered These things I offer not to derogate from Parliaments in their manage of such Affairs but upon this serious account only To shew that as our Civil Lawes have made provision that the Church shall not in their Lawes and Canons order any thing against the Prerogative of the King or the Lawes and Statutes of the Realm in general and that such Canons shall not be in force that do 25 Hen. 8.19 So likewise Lawes and Statutes in Ecclesiastical Affairs established by the Civil Power if they be found to derogate from the Prerogative of Christ Jesus or the Lawes and Statutes of his Kingdom ought not to be in force upon mens Consciences As Church-men being supposed not to be so well understood in secular Lawes but may transgress so may secular Persons likewise in their orderings about Church Affairs therefore there is a like necessity of a Power to review Judge and dispense with such Lawes as shall be found to disturb the Consciences of peaceable Subjects as occasion may urge thereunto Hen. 8. by Commission which was continued by Edw. 6. appointed 32 Persons 8 of each Profession to peruse the Canons of the Clergy then in force to the end those might be removed that were any ways against the Crown and State. These Kings might have done the like in respect to those Canons and Ecclesiastical Lawes enacted in Parliament if they were found to derogate from Christ's Commands or his Institutes or if justly offensive to the peaceably Godly that Dispensations might be granted for the present till further Reformation be obtained 3. The Municipal Lawes of a Nation are from and conformed to the Principles of right Reason and common Justice only and we have submitted to the Resolutions of those Wise and Prudent Senators we our selves have made choice of to enact and establish such Lawes for us and therefore may acquiesce in their Determinations without further enquiry having given a kind of absolute pre-consent to such Lawes as shall be enacted by them but it is not so in Ecclesiastical Lawes intrusted with the same Persons for they are to be formed according to God's Word which every man is to take as his immediate Rule and not to do or submit to any thing in his Practice about the Notion of Religion but what is conformable thereunto he is to LIVE and act by his own Faith. To Lawes Ecclesiastical therefore made in Parliament we give only a Conditional Consent viz. So far as they are agreeable to God's Word and concur with Gospel-rules nor is it in the liberty of any man's Conscience or reason to yield more nor is there any more by us intrusted with the Representative the Parliament If a man doth scruple the reasonableness or equity of a Law established concerning Civil right or what is required from such a Statute he may notwithstanding yield Obedience without Sin and ought so to do rather than to offend by any appearance of disobedience as Christ himself did Matth. 17.26 27. But in Matters of Religion even Circumstances Ceremonies or Matters of Order or the least thing wherein the Lord hath concerned his Word if there be a doubt or scruple whether it be lawful and conformable to Scripture tho it be from Ignorance or weakness yet I sin if I submit in practice thereof Rom. 14.21 compared with 2 3. The consequence of Transgression in this kind is more than the loss of Estate Liberties yea of Life it self If Lawes from Superiors concerning Civil right be unjust in themselves or prove unequal from the Circumstances of this or that man's Case who cannot be relieved by any indulgence he may submit without Sin and without transgressing any Law of God nay it is virtue and pleasing to God to shew our patience in such suffering 1 Pet. 2.13 compared with 18 19. 1 Cor. 6 7. but not so in the Matters of Religion for we have it from Christ to the contrary that is not to submit Coloss 2.20 and God blames his People by his Prophets for willingly walking after the Commandments and keeping the Statutes of Omri Hosea 5.12 Micah 6.16 the Lord is a jealous God. 4. If there be not a Power to Judge and Dispense intrusted in some hand the People are in