THE CASE OF USING or FORBEARING The Establish'd LITURGIE During the late troublesome times and Prohibition of it by the then Usurpers LONDON Printed in the Year MDCLXXII To the READER IF this short Discourse needed any Recommendatory Letters beside what its own intrinsick worth doth abundantly afford it might readily fetch them from the Greatness of its Author if others as well as my self ben't much mistaken and from its own suitableness to our present Condition For its Author There wanted not high probabilities to perswade the prefixing of the Reverend Name of as Learned and Judicious a Prelate as perhaps any that in our dayes have adorn'd the English Church But it was not thought expedient to be guilty though but in appearance either of doing any Injury to the memory of that Excellent Person or of imposing upon the World The knowing Reader may therefore please to use his own Judgement on several passages that he will find herein and especially on the Resemblance which it wears to the other worthy works of that stayd and well weigh'd man who conceiv'd all things deliberately dwelt upon them discreetly discern'd things that differ exactly pass'd his Judgement rationally and express'd it aptly clearly and honestly For its suitableness to our present Condition It will appear to any that shall consider the weighty Subjects herein treated of viz. the Obligation of Humane Laws Scandal Schism c. apply'd particularly to our Establish'd Liturgie and compare them with that Juncture of Affairs at this time wherein all sorts of men do so generally interest themselves The Usefulness of this Tractate chiefly on the account last mention'd may 't is hop'd be a sufficient Apology for presuming to take the same liberty in this which others have taken formerly in cases of a more private and therefore less profitable concern Especially seeing that even this also was in a sort publish'd before having been for divers years among the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of my Own and several others Studyes that I know and I have reason to believe of more whom I know not and that besides there was danger of a worse Impression since the printing some of the contents hereof as is suppos'd in The Obligation of Humane Laws discussed by I. H. had caused divers Booksellers to enquire after it THE CASE OF USING or FORBEARING The Establish'd LITURGIE During the late troublesome times and Prohibition of it by the then Usurpers SIR WHereas you are desirous to know what my Judgment and Practise is concerning the using or forbearing of the establish'd Liturgie either in whole or in part in the publick service of God and offices of the Church If that may be any satisfaction to your self or Friends I shall fully acquaint you with what my practise is whereunto if my jugment be not conform'd I am then unavoidably my own condemner And upon what considerations I have according to the variation of times varied my self therein So long as my Congregation continued unmixt with Souldiers as well after as before the promulgation of the Ordinance of the two Houses for the abolishing of Common-Prayer I continued the use of it as I had ever formerly done in the most peaceable and orderly times not omitting those very Prayers the silencing of which I could not but know to have been chiefly aimed at in the Ordinance viz those for the King the Queen and the Bishops And so I did also though some Souldiers were casually present till such time as a whole Troop coming to Quarter in the Town with a purpose to continue a kind of Garrison or Head-Quarters amongst us were so enraged at my reading of it the first Sunday after they came that immediately after morning Service was ended they seized on the Book and tore it all to pieces Thence forward during their continuance here for full six months and upwards viz. From the beginning of November till they were called away to Naseby Fight in May following besides that for want of a Book of necessity I must I saw that it behoved me also for the preventing of further outrages to wave the use of the Book for the time at least in the ordinary Services Only I read the Confession the Lord's Prayer with the Versicles and Psalm for the day Then after the first Lesson in the Fore-noon Benedictus or Jubilate And in the After-noon Cantate After the second Lesson also in the Fore-noon sometimes the Creed sometimes the ten Commandements and sometimes neither but only sang a Psalm and so to Sermon But all that while in the Administration of the Sacraments the Solemnization of Matrimonie Burial of the Dead and Churching of Women I constantly used the ancient Forms and Rites to every of them respectively belonging according to the appointment in the Book Only I was careful to make Choice of such times and opportunities as I might do them with most secrecy and without disturbance of the Souldiers But at the Celebration of the Eucharist I was the more secure to do it publickly because I was assured none of the Souldiers would be present After their departure I took the liberty to use either the whole Liturgie or but some part of it omitting sometimes more sometimes less upon occasion as I judged it most expedient in reference to the Auditory especially if any Souldiers or other unknown persons happened to be present But all the while the substance of what I omitted I contrived into my Prayer before Sermon the Phrase and Order only varied which yet I endeavoured to temper in such sort as any person of ordinary capacity might easily perceive what my meaning was and yet the words as little left open to exception or cavil as might be About two years ago I was advertised but in a very friendly manner by a Parliament man of note in these parts that at a publick meeting in G. great complaint was made by some Ministers of the Presbyterian Gang as I afterwards found of my refractoriness to obey the Parliaments Order in that behalf The Gentleman told me withall that although they knew long before what my Judgment and Practice was yet they were not forward to take notice of it before complaint made which being now done in so publick manner if they should not take knowledge of it the blame would lie upon them He therefore advised me to consider well what I had to do For I must resolve either to adventure the loss of my Living or to lay aside Common-Prayer which if I should continue after complaint and admonition it would not be in his power nor in the power of any friend I had to preserve me The effect of my then-Answer was that if the case were so the deliberation was not hard I having long ago considered of the case and resolv'd what I might with a good Conscience do and what were fittest for me in prudence to do if I should ever be put to it viz. To forbear the Vse of the Common-Prayer-Book so far as
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
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
that time and with those circumstances would do It were an unseasonable unreasonable and pernicious scrupulosity for such a person to think himself in that case obliged for the observing of the Law perhaps but once or twice with little or no benefit to the publick to ruine himself whereby to render himself unusefull and unserviceable to the publick ever after To bring this discourse home and to apply it to the business now under dispute Suppose we ten twenty or an hundred godly Ministers well affected to the established Liturgie and actually possessed of Benefices with charge of Souls to them belonging should think themselves in conscience obliged to use the whole form of the Book as is by the first appointed without any addition omission or alteration whatsoever and should notwithstanding the present conjuncture of Affairs â—â—resolve to use the same accordingly it would be well considered what the effects and consequents thereof would be Besides other evils these three are visible which must all unavoidably follow one upon another if any body shall be found as doubtless within a short time there will be found some or other to inform and prosecute against them 1 The utter undoing of so many worthy persons fit to do God and his Church service together with all those other persons that depend upon them for livelihood by putting the fruits of their Benefices whereby they should buy themselves Bread under Sequestration 2 The depriving those persons of the opportunities of discharging the Duties that belong unto them in their Ministerial Calling in not permitting them after such Sequastration to teach or instruct the people belonging to their Charge or to exercise any thing of their Function publickly in the Church 3 The delivering over the Sheep of Christ that lately were under the hands of faithful Shepherds into the custody of ravening Wolves when such Guides shall be over the several Congregations as will be sure to mis-teach them one way or other viz. either by instilling into them Puritanical and superstitious Principles that they may the more securely exercise their Presbyterian tyranny over their Judgements Consciences Persons and Estates Or else by setting up new Lights before them to lead them into a maze of Anabaptistical Confusion and Frensie These Consequents are so heavie to the Sufferers so certain to ensue upon the use of Common Prayer and so much without the power of the Law-givers in this state of Affairs either to remedie or prevent That it is beyond the wit of man to imagine what benefit to the publick can accrue by the strict observation of the Act that may in any proportion countervail these mischiefs In which case that man must needs suppose a strange austerity in the Law-giver that dares not presume of his consent to disoblige him for the time from observing the same It would be also well considered whether he that by his over-nice scrupulosity runneth all these hazards be not in some measure guilty of his own undoing deserting his Station and betraying his Flock and do not thereby lose much of that comfort which a Christian Confessour may take in his sufferings when they are laid upon him by the hand of God and not pulled upon himself with his own hands And more I shall not need to say as to that first Objection 2 SCANDAL Object 2. The next thing Objected is The danger of the SCANDAL that others might be ready to take at the example Who seeing the Law so little regarded by such men men that have Cure of Souls and perhaps also of some eminencie and esteem in the Church and whose Example will be much look'd upon will be easily encouraged by their Example to set light by all Authority and to take the liberty to obey and disobey the Laws of their Soveraigns at their pleasure But this Objection after we are once well satisfied concerning the former need not much trouble us For 1 First It seemeth a very unreasonable thing in cases of great exigency such as we now suppose that the fear of scandalizing our weak Brethren which is but Debitum charitatis only should lay upon us a peremptory necessity of observing the Law punctually whatsoever inconveniences or mischiefs may ensue thereupon Whereas the duty of obedience to our known Governours which is Debitum justitiae also and therefore more obligatory then the other doth not impose upon us that necessity as hath been already shewn 2. Besides Arguments drawn from Scandal in things neither unlawful nor setting the reason of Scandal aside inexpedient as they are subject to sundry frailties otherwise so are they manifestly of no weight at all when they are counterpoised with the apparent danger of evil consequents on the other side For in such cases there is commonly equall danger if not rather sometimes more of Scandal to be taken from the Example the quite contrary way We may see it in debating the point now in hand It is alledged on the one side that by laying aside the use of Common Prayer men that are not over-scrupulous will be encouraged to take a greater liberty in dispensing with the Laws to the despising both of Laws and Governours then they ought And why may it not by the same reason be as well alledged on the other side that by holding up a necessity of using Common Prayer men that have tenderer Consciences may be induced to entertain Scruples to their own undoing and the destruction of their people when they need not 3 But that in the third place which cometh up home to the business and taketh off the Objection clearly is this That in judging cases of Scandal we are not to look so much at the event what it is or may be as at the Cause whence it cometh For sometimes there is given just cause of Scandal and yet no Scandal followeth because it is not taken Sometimes Scandal is taken and yet no just cause given And sometimes there is both cause of Scandal given and Scandal thereat taken But no man is concerned in any Scandal that happeneth to another by occasion of any thing done by him neither is chargeable with it farther then he is guilty of having given it If then we give Scandal to others and they take it not the whole guilt is ours they are faultless If we give it and they take it we are to bear a share in the blame as well as they and that a deeper share too Vae homini Wo to the man by whom the offence cometh Matt. 18.7 But if they take offence when we give none it is a thing we cannot help and therefore the whole blame must lie upon them Wherefore if at any time any doubt shall arise in the case of Scandal how far forth the danger thereof may or may not oblige us to the doing or not doing of any thing proposed The resolution will come on much the easier if we shall but rightly understand what it is to give Scandal or how many wayes a man