might satisfie the letter of the Ordinance rather then forsake my Station My next business then was to bethink my self of such a course to be thenceforth held in the publick worship in my own Parish as might be likeliest neither to bring danger to my self by the use nor to bring scandal to my Brethren by the disuse of the establisht Liturgie And the course was this to which I have held me ever since I begin the Service with a Preface of Scripture and an Exhortation inferr'd thence to make confession of sins which Exhortation I have framed out of the Exhortation and Absolution in the Book contracted and put together and expressed for the most part in the very same words and phrases but purposely here and there transplaced that it may appear not to be and yet to be the same Then follows the Confession it self in the same order it was only with the addition of some words whereby it 's rather explained then altered the whole form whereof both for your fuller satisfaction in that particular and that you may partly conjecture what manner of addition or change I have made proportionably hereunto yet none so large in other parts of the holy Office I have here underwritten OAlmighty God and merciful Father We thy unworthy servants do with shame and sorrow confess that we have all our life long gone astray out of thy wayes like lost sheep and that by following too much the vain devices and desires of our own Hearts we have grievously offended against thy holy Laws both in thought word and deed We have many times left undone those good duties which we might and ought to have done and we have many times done those evils when we might have avoided them which we ought not to have done We confess O Lord that there is no health at all in us nor help in any creature to relieve us but all our hope is in thy mercy whose justice by our sins we have so far provoked Have mercy upon us therefore O Lord Have mercy upon us miserable offenders Spare us good Lord which confess our faults that we perish not But according to thy gracious promises declared unto mankind in Christ Jesus our Lord Restore us upon our true repentance into thy grace and favour And grant O most mercifull Father for his sake that we henceforth study to serve and please thee by leading a godly righteous and sober life to the glory of thy holy name and the eternal comfort of our own souls through Jesus Christ our Lord. Amen After this Confession the Lords Prayer with the Versicles and Gloria Patri and then the Psalms for the day and then the first Lesson After which in the Fore-noon sometimes Te Deum but then only when I think the Auditory will bear it and sometimes an Hymn of my own composing gathered out of the Psalms the Church Collects and a general form of Thanksgiving which I did the rather because some have noted the want of such a form as the only thing wherein our Liturgie seemed to be defective And in the After-noon after the first Lesson the 98 or 67 Psalm then the second Lesson with Benedictus or Jubilate after it In the Fore-noon and in the After-noon a singing Psalm then followeth the Creed with Dominus vobiscum and sometimes the Versicles in the end of the Letany From our enemies defend us O Christ c. if I like my Auditory otherwise I omit the Versicles After the Creed c. instead of the Letany and other Prayers appointed in the Book I have taken the substance of the Prayer I was wont to use before Sermon and disposed it into several Collects or Prayers some longer some shorter but new-modell'd into the language of the Common Prayer Book much more then it was before and in the Pulpit before Sermon I use only a short Prayer in reference to the hearing of the Word and no more So that upon the matter in these Prayers I do but the same thing I did before save only that what before I spake without Book and in a continued form and in the Pulpit I now read and in a written Book broken into parcels and in the Reading Desk or Pew Between which Prayers and the singing Psalm before Sermon I do daily use one other Collect of which sort I have for the purpose composed sundry made up as the former for the most part out of the Church-Collects Adventual Quadragesimal Paschal and Pentecostal for their proper Seasons And at other times Collects of a more general nature as for Pardon Repentance Grace c. And after one or more of them in the Fore-noon I usually repeat the ten Commandements with a short Collect after for Grace to enable us to keep them This hath been my Practise and is like still to be unless some happy change of Affairs restore us the liberty of using the old way again or it be made appear to my understanding by some able charitable Friend that I have therein done otherwise then I ought to have done For I may say truly that I have not yet met with any thing in discourse either with my own Reason or with others of sufficient strength to convince me that I have herein done any thing but what may stand with the Principles as well of Christian simplicity as prudence There are but three things that I know of that are of any consideration opposed viz. 1 The Obligation of the LAWS 2 The SCANDAL of the Example 3 An unseemly symbolizing at least with Schismaticks if not a partaking with them in the SCHISM 1 LAW Object 1. The first and strongest Objection which I shall therefore propose to the most advantage of the Objectors is that which is grounded upon the LAWS and their Obligation For it may be objected 1 That an Humane Law rightly established so long as it continueth a Law obligeth the Subject and that for Conscience sake to the observation thereof in such manner and form as in the said Law is prescribed and according to the true meaning and intention of the Law-giver therein 2 That a Law is then understood to be rightly established when it containeth nothing but what is honest and lawfull and is enacted by such person or persons as have full and sufficient Authority to make Laws 3. That a Law so established continueth a Law and is in force till it be either repealed by as good and full Authority as that by which it was made or else antiquated by a long continued unenforced disuse with the tacite presumed consent of the Law-giver 4 That the Act printed before the Common Prayer Book and entitled An Act for the Vniformity of c. was such a Law being it was established in a Full and Free Parliament and in peaceable times and ratified by the Royal Assent 5 That it still continueth in force Being not yet repealed but by such persons as at least in the opinion of those that maintain the
may become guilty of scandalizing another by his Example The wayes as I conceive are but these four 1 The first is when a man doth something before another man which is in it self evil unlawfull and sinfull In which case neither the the intention of him that doth it nor the event as to him that seeth it done is of any consideration For it mattereth not whether the doer hath an intention to draw the other into Sin thereby or not neither doth it matter whether the other were thereby induced to commit Sin or not The very matter and substance of the action being evil and done before others is sufficient to render the Doer guilty of having given Scandal though neither he had any intention himself so to do nor was any other person actually scandalized thereby Because whatsoever is in it self and in its own nature evil is also of it self and in its own nature scandalous and of ill example Thus did Hophni and Phineas the Sons of Eli give Scandal by their wretched profaneness and greediness about the Sacrifices of the Lord and their vile and shameless abusing the women 1 Sam. 2.17.22 And so did David also give great Scandal in the matter of Vriah 2 Sam. 12.14 Here the Rule is Do nothing that is evil for fear of giving Scandal 2 The second way is when a man doth something before another with a direct intention and formal purpose of drawing him thereby to commit Sin In which case neither the matter of the Action nor the Event is of any consideration For it maketh no difference as to the Sin of giving Scandal whether any man be effectually enticed thereby to commit Sin or not neither doth it make any difference whether the thing done were in it self unlawful or not so as it had but an appearance of evil and from thence an aptitude to draw another to the doing of that by imitation which would be really and intrinsecally evil The wicked intention alone whatsoever the effect should be or what means soever should be used to promote it sufficeth to induce the guilt of giving Scandal upon the Doer This was Jeroboam's Sin in setting up the Calves with a formal purpose and intention thereby for his own secular and ambitious ends to corrupt the purity of Religion and to draw the people to an idolatrous worship For which cause he is so often stigmatized with it as with a note of infamie to stick by him whilst the world lasteth being scarce ever mentioned in the Scripture but with this addition Jeroboam the Son of Nebat that made Israel to sin Here the Rule is Do nothing good or evil with an intention to give Scandal 3 The third way is when a man doth something before another which in it self is not evil but indifferent and so according to the Rule of Christian liberty lawful for him to do or not to do as he shall see cause yea and perhaps otherwise commodious and convenient for him to do yet whereat he probably foreseeth the other will take Scandal and be occasioned thereby to do evil In such case if the thing be not in some degree prudentially necessary for him to do but that he might without very great inconvenience or prejudice to himself or any third person leave it undone he is bound in charity and compassion to his Brothers Soul for whom Christ died and for the avoiding of Scandal to abridge himself in the exercise of his Christian liberty for that time so far as rather to suffer some inconvenience himself by the not doing of it then by the doing of it to cause his Brother to offend The very case which is so often so earnestly and so largely insisted upon by Saint Paul See Rom. 14 13-21 Rom. 15 1-3 1 Cor. 8 7-13 and 9.12 15 19-22 and 10. 23-33 Here the Rule is Do nothing that may be reasonably forborn whereat Scandal will be taken 4 The last way is when a man doth something before another which it is not only lawful but according to the exigency of present circumstances pro hic nunc very behoofefull and even prudentially necessary for him to do but foreseeth that the other will be very like to make an ill use of it and take encouragement thereby to commit Sin if he be not withall exceeding carefull as much as possibly in him lieth to prevent the Scandal that might be taken thereat For Qui non prohibet peccare cum potest jubet In such case the bare neglect of his Brother and the not using his uttermost endeavour to prevent the evil that might ensue maketh him guilty Upon which consideration standeth the equity of that judicial Law given to the Jewes Exod. 21.33 34. which ordereth That in case a man dig a Pit or Well for the use of his Family and looking no further then his own conveniency put no Cover upon it but leave it open whereby it happeneth his Neighbours Beast to fall thereinto and perish The owner of the Pit is to make it good in as much as he was the occasioner of that loss unto his Neighbour which he might and ought to have prevented Here the Rule is Order the doing of that which may not well be left undone in such sort that no Scandal so far as you can help it may be taken thereat To apply this The thing now under debate the action proposed to present enquiry is The Laying aside of the Common Prayer Book enjoyned by Law and using instead thereof some other Form of Church Service of our own devising And the Enquiry concerning it is Whether it may be done with a good Conscience in regard of the Scandal that is given or at least may be taken thereat yea or no Now for as much as in this Enquiry we take it for granted that the thing to be done is not in its own nature and simply evil but rather in this state of affairs prudentially necessary and that they who make scruple at it upon the point of Scandal have not the least intention of drawing either the Laws into contempt or their Brethren into Sin by their example It is manifest that three of the now mentioned cases with the several Rules to each of them appending are not pertinent to the present enquiry But since the last of the four only proves to be our case we have therefore no more to do for the setling of our Judgments the quieting of our Consciences and the regulating of our practise in this affair then to consider well what the Rule in that case given obligeth us unto Which is not to leave the action undone for the danger of Scandal which besides the inconveniencies formerly mentioned would but start new Questions and those beget more to the multiplying of unnecessary scruples in infinitum but to order the doing of it so that if it were possible no Scandal at all might ensue thereupon or at leastwise not by our default through our careless or undiscreet managery
thereof Even as the Jew that stood in need to sink a Pit for the service of his House or Grounds was not for fear his Neighbors Beast should fall into it and be drowned bound by the Law to forbear the making of it but only to provide a sufficient Cover for it when he he had made it The thing then in this case is not to be left undone when it so much behoveth us to do it but the action to be carried on for the manner of doing and in all respects and circumstances thereunto belonging with so much clearness tenderness moderation and wisdom to our best understandings that the necessity of our so doing with the true cause thereof may appear to the world to the satisfaction of those that are willing to take notice of it and that such persons as would be willing to make use of our example to do the same thing where there is not the like cause of necessity may do it upon their own score and not be able to vouch our practise for their excuse Which how it may be best done for particular directions every charitable and consciencious man must ask his own discretion Some general hints tending thereunto I shall lay down in answering the next Objection where they will fall in again not unproperly and so stop two Gaps with one Bush 3 SCHISM Object 3. The last Objection is that of SCHISM The Objectâ—rs hold all such persons as have opposed against either Liturgie or Church-government as they were by Law established amongst us within this Realm for no better then Schismaticks and truly I shall not much gainsay it But then they argue That for them to do the same thing in the publick worship of God that Schismaticks do and for the doing whereof especially it is that they justly account them Schismaticks would as they conceive involve them in the Schism also as partakers thereof in some degree with the other and their Consciences also would from Rom. 14.22 condemn them either of Hypocrisie in allowing that in themselves and in their own practice which they condemn in others or of uncharitableness in judging others as Schismaticks for doing but the same thing which they can allow themselves to practice For all that such persons as they call Schismaticks do in this matter of the Church Service is but to leave out the Churches Prayers and to put in their own Or say this should not make them really guilty of the Schism they so much detest yet would such their symbolizing with them seem at least a kind of unworthy complyance with them more then could well become the simplicity of a Christian much less of a Minister of the Gospel whose duty it is to shun even the least appearance of evil 1 Thess 5.22 Besides that by so doing they should but confirm those men in their Schismatical Principles and Practise This Objection hath three Branches To the first whereof I oppose the old saying Duo cum faciunt idem non est idem Which although spoken quite to another purpose yet it is capable of such a sense as will very well fit our present purpose also I answer therefore in short That to do the same thing that Schismaticks do especially in times of confusion and untill things can be reduced into better order and when men are necessitated thereunto to prevent greater mischiefs doth not necessarily inferr a partaking with them in Schism no nor so much as probably unless it may appear upon probable presumptions otherwise that it is done out of the same Schismatical Spirit and upon such Schismatical Principles as theirs are The other two Branches viz. That of seeming compliance with Schismaticks and that of the ill use they may make of it to confirm them in their Schism do upon the matter fall in upon the aforesaid point of Scandal and are in effect but the same Objection only put into a new Dress and so have received their answer already And the only remedy against both these fears as well that of Scandal as this of Schism is the same which was there prescribed even to give assurance to all men by our carriage and behaviour therein that we do not lay aside the Common Prayer of our own accord or out of any dislike thereof neither in contempt of our rightfull Governours or of the Laws nor out of any base compliance with the times or other unworthy secular own-ends nor out of any Schismatical Principles Seditious Design or innovating Humour but meerly enforced thereunto by such a necessity as we cannot otherwise avoid in order to the glory of God and the publick good for the preservation of our Families our Flocks and our Function and that with the good leave and allowance as we have great reason to believe of such as have power to dispence with us and the Laws in that behalf This if we shall do bona fide and with our utmost endeavours in singleness of Heart and with godly discretion perhaps it will not be enough to prevent either the censures of inconsiderate and inconsiderable persons or the ill use that may be made of our example through the ignorance or negligence of some scandalum pusillorum or through the perverseness and malice of other some scandalum Pharisaeorum as the Schools term them But assuredly it will be sufficient in the sight of God and in the witness of our own Hearts and to the Consciences of charitable and considering men to acquit us clearly of all guilt either of Scandal or Schism in the least degree Which we may probably do by observing these ensuing and such other like general directions the liberty of using such meet accommodations as the circumstances in particular cases shall require ever more allowed and reserved viz. 1 If we shall decline the company and society of known Schismaticks not conversing frequently and familiarly with them or more then the necessary affairs of Life and the rules of Neighbourhood and common Civility will require Especially not to give countenance to their Church Assemblies by our presence among them if we can avoid it 2 If we shall retain as well in common Discourse as in our Sermons and the holy Offices of the Church the old Theological and Ecclesiastical terms and forms of speech which have been generally received and used in the Churches of Christ which our people are well acquainted with and are wholsom and significant And not follow our new Masters in that uncouth affected garb of speech or canting language rather if I may so call it which they have of late time taken up as the signal distinctive and characteristical note of that which in that their new Language they call the Godly Party or the Communion of Saints 3 If in officiating we repeat not only the Lords Prayer the Creed the ten Commandements and such other passages in the Common Prayer Book as being the very words of Scripture no man can except against but so much also of the old Liturgie besides in the very words and syllables of the Book as we think the Ministers of State in those parts where we live will suffer and the Auditory before whom we officiate wil bear sith the Officers in all parts of the Land are not alike strict nor the People in all Parishes alike disaffected in this respect 4 If where we must of necessity vary from the words we yet follow the order of the Book in the main parts of the Holy Offices retaining the substance of the Prayers and embellishing those of our own making which we substitute into the place of those we leave out with phrases and passages taken out of the Book in other places 5 If where we cannot safely mention the particulars expressed in the Book as namely for the King the Queen the Royal Progeny and the Bishops we shall yet use in our Prayers some such general terms and other intimations devised for the purpose as may sufficiently convey to the understandings of the people what our intentions are therein and yet not be sufficient to fetch us within compass of the Ordinance 6 If we shall in our Sermons take occasion now and then where it may be pertinent either to discover the weakness of the Puritane Principles and Tenents to the People or to shew out of some passages and expressions in the Common Prayer Book the consonancy of those observations we have raised from the Text with the Judgement of the Church of England or to justifie such particular passages in the Letany Collects and other parts of our Liturgie as have been unjustly quarrell'd at by Presbyterians Independents Anabaptists and others by what Name and Title soever they be called of the Puritan Sectaries Thus I have freely acquainted you both with my Practise and Judgment in the point proposed in your Friend's Letter How I shall be able to satisfie his or your Judgement in what I have written I know not However I have satisfied both your desire and his in writing and shall rest Your Brother and Servant in the Lord. Novemb. 12. 1652. FINIS
dispute for want of the Royal Assent have not a sufficient Right or Authority to do such an Act nor disused but of late time and that by enforcement and as is presumed much against the Mind and Will of the Law-giver 6 That therefore it still reteineth the power of obliging in point of Conscience That power being so essential and intrinsecal to every Law quatenus a Law that it can in no wise be separated from it 7 And that therefore no Minister publickly officiating in the Church can with a good Conscience either omit any part of that which is commanded by the aforesaid Law or use any other form then what is conteined in the aforesaid Book But must either use the form prescribed in the Book or else forbear to officiate The Answer to this Objection granting all in the Premises besides dependeth upon the right understanding of that which is affirmed concerning the obligation of Laws according to the intention of the Law-giver Which if it should be understood precisely of that particular actual and immediate intention which the Law-giver had in making of any particular Law and is sufficiently declared by the words of the Law will not hold true in all cases But there is supposed besides that in the Law-giver a more general habitual and ultimate intention of a more excellent and transcendent nature then the Former which is to have an influence into and over-ruling power over all particular Laws viz. An intention by the Laws to procure and promote the publick good The former intention bindeth where it is subservient to the Letter or consistent with it and consequently bindeth in ordinary cases or else the Law is not an wholesome Law But where the observation of the Law by reason of the conjuncture of circumstances or iniquity of the times contingencies which no Law-giver could either certainly fore-see or if fore-seen sufficiently provide against would rather be prejudicial then advantagious to the publick or is manifestly attended with such inconveniences and grievous consequents to the observers as all the imaginable good that can redound to the publick thereby cannot in any reasonable measure countervail in such case the Law obligeth not but according to the latter and more general intention only Even as in the operations of Nature particular agents do ordinarily move according to their proper and particular inclinations Yet upon some occasions and to serve the ends and intentions of universal Nature for the avoiding of something which Nature abhors they are sometimes carried with motions quite contrary to their particular Natures as the Air to descend and the Water to ascend for the avoiding of vacuity c. The common received Maxime which hath been sufficiently misapplied and that sometimes to evil purposes since the beginning of these unhappy divisions in the true meaning of it looketh this way Salus populi suprema lex The equity of which Maxime as it leaveth in the Law-giver a power of dispensing with the Law which is a suspension of the obligation thereof for the time in respect of the proper and particular intention as he shall see it expedient in order to the publick good So it leaveth in the Subject a liberty upon just occasions as in cases of great exigency and for the preventing of such hazards and inconveniences as might prove of noisome consequence to the publick to do otherwise then the Law requireth And neither is the exercise of that power in the Law-giver to be thought an unreasonable prerogative nor the use of this liberty in the Subject an unreasonable presumption In as much as the power of dispensing with particular Laws is such a prerogative as without which no Common-wealth can be well governed but Justice would be turned into Gall and Wormwood nor can the Supreme Governour without forfeiture of that faithfulness which he ows to the publick Weal divest himself thereof And he that presumeth of the Law-givers consent to dispence with him for the observing of the Law in such needfull cases where he hath not the opportunity to consult his pleasure therein presumeth no more then he hath reason to do For it may well be presumed that the Law-giver who is bound in all his Laws to intend the safety of the publick and of every memeber thereof in his due proportion hath no intention by the strict observation of any particular Law to oblige any who is a member of the publick to his destruction or ruine when the common good is not answerably promoted thereby Upon which ground it is generally resolved by Casuists that No Constitution meerly humane can lay such obligation upon the Conscience of the Subject but that he may according to exigence of Circumstances do otherwise then the Constitution requires provided it be done extra casum scandali et contemptus that is to say Without either betraying in himself any contempt of the authority the Law-giver by his carriage or giving any just occasion of scandal to others by his example in so doing I have been somewhat the larger in explaining this point not only for the better clearing of the present doubt but also in respect of the usefulness of this consideration for the preventing and removing of many scruples that may happen to consciencious men in such times as these wherein so many things are and are like to be commanded and forbidden contrary to the established Laws and those as they are perswaded yet standing in force The best Rule that I know to guide men in their deliberations and actions in such emergent cases according to what hath been already delivered is advisedly and impartially to weigh the Benefits and Inconveniencies as well on the one side as on the other and then compare them the one with the other as they stand in relation to the publick good And if after such examination and comparison made it shall then evidently or but in judgment of probability appear that the observation of the Law according to the proper intention of the Law-giver therein though with hazard of Estate Liberty or ever Life it self hath a greater tendency to the publick good and the preservation of Church or Common-wealth in Safety Peace and Order then the preventing of the aforesaid hazards or other evil consequents by doing otherwise then the Law requireth can have Or which cometh to one if the violating of the Law shall then appear to be more prejudicial to the publick good then the preservation of the Subjects Estate Liberty or Life can be beneficial thereunto In such case the Subject is bound to hazard all he hath and to undergo whatsoever inconveniences or calamities can ensue thereupon rather the violate the Law with contempt of that Authority to which he oweth subjection But if it shall after such comparison made evidently or but more probably then the contrary appear that the preservation of such a persons Life Liberty or Estate would more benefit the Church or Common-wealth then the punctual observation of the Law at