and removals or else there will be no peace I am heartily sorry for it since even those whom they call the most moderate Prelates have declared the removal of that which is well settled to be so dangerous as that it is not safe to remove an inconvenience the remedy of which may open a gap to let in others that may prove greater and more grievous Not only Bishop Sanderson a Episcopacy not prejudicial c. p 99. 100. but Bishop Hall likewise is of the mind that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a sure Rule Let the antient customs stand Every novelty carries his Petition in the face of it b Bishop Hall's Sermonâ— 2 Sundâ—â— Lent 1641 p. 80. It was a good question of the Church in the Canticles Why should I be as one that turns aside to the flocks of the Companions It is the great and glorious stile of God that in him is no shadow of changing Surely those well setled Churches and States come nearest to his perfection that alter least But if with Lipsius you say what if for the better I must answer that in every change there is a kind of hazard It is a wise word therefore of our Hooker that a tolerable Sore is better than a dangerous Remedy And if any one say these words are not to be extended to Ceremonies let him consult a Letter of his to Mr. Struthers c One of the Ministers of Edinburgh whom he desires to consider how far it is safe for a particular Church to depart from the antient Universal Surely no Kingdom can think it a slight matter what the Church diffused through all times and places hath either done or taught For Doctrines or Manners there is no question and why should it be more safe to leave it in the Holy Institutions that concern the outward form of Gods Service Novelty is a thing full of envy and suspicion and why less in matters of Rite than Doctrine True it is every Nation hath her own Rites Gestures Customs and yet there are some wherein there hath been an Universal Agreement As every face hath its own favour it s own lines distinct from all others yet is there a certain common habitude of countenance and disposition of the forehead eyes cheeks lips common to all So as they that under pretence of difference shall go about to raise an immunity from such Ceremonies do no other than argue that because there is a diversity of proportion of faces we may well want a brow or a chin He instances in the antient custom of Solemn Festivities and of kneeling at the Holy Sacrament By all which it appears that one may be against a removal of the Ceremonies and yet be no Hector no more than He or Bishop Sanderson or Mr. Hooker d See â—â—e Preface to his fifth part of Eccles Pol. were And these men I must tell you have the least reason to complain or give such Characters as this Apologist hath done of those whom they call rigid or stiff Fathers or Sons of the Church of England they are his own words p. 34. who were so unyielding themselves in every thing which they had a mind to have established Nay some of whom heretofore were so fierce for their own inventions that every nicety seemed as if it were a Fundamental and if King James may be believed e Basilicon Doron cited in second Fair Warning cap. 1. p. 8. the smallest questions about their Ecclesiastical Discipline raised as great Disputes as if the Holy Trinity were called in question It would be only to tire you and my self to proceed any further to anatomise the rest of this vile Character the stench of which is already so offensive Nor is there any need to spend any more time about it for the bare reciting of it will proclaim it to be a Libel and an infamous one too unless you can believe that the chiefest Sons of the Church as they profess themselves dissent from its Doctrine transgress its Laws about Rites and Ceremonies look upon the Archbishops Grindal Whitgift and Abbot as Puritans and would unbishop some of the present Bishops for Presbyterians Who would think that a Book fraught with such language as this should be commended for a sober modest Reply by some of chief note among them Such men would have made excellent Parasites altogether as good as that Cynaethus who when he had spent all other waies of Flattery praised his Master for his Tissick and said he cought very musically Their Favourites may say and write what they please and still maintain the Reputation of godly men nay that which in us would be thought a Crime is commended in one of themselves as I have formerly shewn you That very Person who accuses another of writing Pasquils is not afraid to call several of the Bishops as this man in effect doth some of our Priests Amaziah-like Priests Tyrants rufling ceremonious and violent Ring-leaders f Anatome of Dr. G. 1660. He declaims also against the Cathedral Service reproaches the Dignified Clergy and that after he had confessed in other parts of his Book the Act of Indemnity had enjoyned him silence g Antidote against Antisobrius Oct 30. 1660. p. 15. 22 25. That which is bred in the bore as we say will not out of the flesh This sort of men have ever been wont to revile and so they cannot forbear it even when they know they should not and that it is their interest to give good words And if you will give me leave to speak my judgment freely I think there is also in this very Writer a great deal of that Hectorly swaggering quality which he unjustly charges others withal Witness that notable Vapour and High Rant page 28. where he tells you the chief Quarrel of the high Hierarchists against the Presbyterian Ministers should in reason have been nothing but this that they who would have thought it were the first in bringing the King back Which he joyns with a new cluster of calumnies against many of the Bishops and conforming Clergy affirming page 29. that their own interest it may be suspected had a considerable influence into their Loyalty and that they seem to express more and greater zeal against the Presbyterians than against the Regicides c. Who would not think that reads this that they were the men who but they who kept life and heat in the Kings Cause and that the Episcopal men many of them were cold and indifferent or that they were the sincere the well-affected to his Majesty and the others led by their own interest to follow the Presbyterian zeal for him Nay that they were the first movers towards the Kings Return even before those that were always in motion and never ceased their restless indeavours for it O most glorious Apologist He may tell us next as the men of Judah said The King is near of kin to us for that is as true as that they
Thus this modest Apologist puts in their exception a Pag. 20. against our Church for committing the power of Excommunication to men that are not in holy Orders Which is notoriously false and the contrary I could shew him hath been acknowledged in their own Books But he needed have look'd no further than to a Book published not many years ago concerning the Practice in the Ecclesiastical Courts Where he might have been informed in express terms b Francisci Clark Praxis in Curiis Eccles Titul 20 an 1666. That the Judge of the Court having pronounced a man contumacious and decreed that he is to be excommunicated in punishment of his contumacy next proceeds to read the Excommunication if he be in holy Orders Otherwise he delivers it to be read by the Priest appointed by the Archbishop for this purpose Which Priest to this effect sits judicially with the Judge himself ☞ Of if he never heard of this Book yet he hath heard I am sure of the Third Part of the Friendly Debate Where if he had been pleased to read a Book before he had censured it he might have found this bold Error corrected in Philagathus and so avoided it himself But I see plainly and am heartily sorry for it there are more of that mans evil humour who love to talk of things upon Record out of their own drowsie imaginations The general cry against the continuation of the Friendly Debate was that it was a breach of the Act of Indemnity or Oblivion which was raised meerly out of their own brains that are stuft with words more than things without consulting the Act it self But this cry Philagathus followed with open mouth and now he hath got another to bear him company who deserves in like manner to be chastized for his bold folly Especially since he mentions this so often first in his Preface then at least five c Pag. 34 73 106. 112 150. times in his Book and in one place affirms my Book seems to be a continued breach of the Act of Indemnity in the very design of it And all this after I had evidently demonstrated in the further Continuation which he also mentions p. 150. that whatever it seems to him this is a gross and impudent Calumny But I shall spare him notwithstanding this boldness and have I assure him thrown away those apt illustrations of his Vanity which offered themselves because he hath more civility in him than the sober Answerer I shall only desire him to follow his own advice which he gives me on this occasion d Pref. p. 8. viz. To do justice upon himself and execute his own Book in the flames for committing such crimes For I must tell you there are a great many more of them He tells you confidently that the Notes commonly called the Assemblies came out before the Assembly convened p. 15. By which I see he is no better skill'd in Ordinances than in Laws For the Ordinance for their convention bears date June 12. 1643. requiring them to meet the next first of July And the Annotations came not out till two years after in 1645 e So it should be Printed in the Friendly Debate not 1646. But you may think perhaps they did not convene at the time appointed Know therefore that on June 24. 1643. all Ministers were required by an Order to pray on the next Fast for a blessing on the Assembly who were to meet on Saturday July 1. and that accordingly they did meet on that day as Mr. Fuller quoted sometimes by this man observes in his History And not long after f July 19. 1643. I find presented an humble Petition for an extraordinary Fast beseeching among other things that Justice might be executed on all delinquents and after this an Order * Aug. 10. 1643. that those of them who were Residents in the Associated Counties should be desired to go down and stir up the People to rise in their defence By which it appears they not only convened but began at least to be busie about that which did not concern them long before those Notes saw the light But let us pass by this And observe rather how he satisfies in the lame excuse he makes for their not calling the Apostles alwaies by the name of Saints In the judgment of our Church saith he it is not necessary as may hence be concluded That in all the Collects for the days set apart to commemorate the holy Apostles in there are but two wherein they are stiled Saints These are his words g Pag. 43. but if you love truth call to mind the Rule I gave you and remember not to trust Even they who call one another frequently by the name of Saints have not such a care as one would expect of common honesty nor of their own fame neither but will assert such manifest untruths as lie open to every eye Turn to the Prayers for particular days in the Service Book and you shall find that they who told him this for I charitably suppose he took it upon trust made no conscience of what they said For those glorious persons whose memories are celebrated in our Church and I hope always will be are called no less than nine times in the very body of the Collects by the names of Saints h St. Steven St. John St. Andrew St. Paul St. Mark St. Philip and St. James St. Peter and St. James Seven of which were Apostles and the other an Evangelist and the first Martyr And lest any one should imagine he made his observation by the old Common-Prayer Book and thence may justifie himself you may understand that there is no difference in this point but only in two of the Collects in one of which in stead of St. John the Evangelist as it is now the words were the blessed Apostle and Evangelist John and in the other instead of St. Philip and St. James it was St. Philip and other Apostles This may teach you to suspect the reasonings of these men which may very well be thought to be exceeding careless who are no more exact in reporting matters of Fact which lie before their eyes But as for their stories which they spread up and down and indeavour to propagate to posterity by stuffing their Books with them as this man doth there is the greatest cause to think that either they have no truth at all in them or are very much altered from their original You ought to let them pass for idle tales unless you have better authority for them than these mens Books who you see are so bold as to report notorious falshoods which every body can confute Their Traditions you should look upon as of no more credit than the Popish Legends It being so easie for men to forget the very words they heard and to place others in their room so common to add or leave out what is most material so hard and often impossible to know all
by Autority 1644. p. 17. Nay it was not the kindness of the Presbyterian Ministers that the Independent Brethren were suffered but they sadly complain of it as you may read in the Petition of the London Ministers to the House of Commons t Septemb. 18 1644. grounded upon the first Remonstrance of the Houses wherein they declared it was far from their purpose or desire to let loose the golden Reins of Discipline and Government in the Church to leave private persons or particular Congregations to take up what Form of Service they please and upon the Covenant wherein they ingaged themselves to be not only for a full Reformation but an Vniformity in Doctrine Worship Discipline and Government This was received with great Acceptation and the next year u Decemb. 18 1645 the same Ministers agreed upon a Letter to the Assembly against Toleration in the body of which they expresly call them Reasons against the Toleration of Independency in this Church The Common Prayer then you may be sure could not be tolerated by their good will whatever this man sayes nor were Dr. Gunning and the rest suffered at London and Oxford till their Power was out of Doors Whilst the Covenant was in Credit it was severely forbid and the King himself had it been in their power should not have had the priviledge to use it This Covenant also though he would have us believe the contrary was prest with great Rigour Look into our Church saith Bishop Bramhall x Replication to Bishop of Chalcedon p. 40. and see how many of our principal Divines have lost their Dignities and Benefices only because they would not take a Schismatical Covenant without any other relation to the Wars I have read of a thousand imprisoned and sequestred upon this score and near an hundred Fellows of Colledges in one Week banished Cambridge for refusing it Nay the Houses were so impartial they are the express words of Mr. Pryn y Fresh Discovery c. 1646. Sect. 3. in the prescription of it that such Members of the Lords or Commons that did but scruple the taking of it were suspended the Houses till they did conform Upon which ground he shews how unequal it was that any man should be priviledg'd and exempted from it And therefore I do not believe that many of the Episcopal Perswasion were suffered to enjoy places in the Churches Colledges and Schools without ever taking the Covenant as this Apologist affirms p. 23. unless he means after it was laid aside and the Sectaries as they then spoke not only obstinately refused it but openly oppugned and derided it nay framed an Anticovenant against it in their private Congregations z Mr. Pryn. ib. But it is no wonder he should write thus confidently when Mr. R. Baily had the face to write notwithstanding all this that the Covenant was so far from being urged by fear of unjust suffering that to this day it could never be obtain'd from the Parliament of England to enjoyn that Covenant upon any by the penalty of a two-pence a Review of the Fair Warning p. 80. No indeed what need that when the terms were take it or lose your Benefice Just such another vapour he made for these men are much given to it in another place affirming in a Sermon at the Hague that not any thing had hitherto been objected against the Covenant What could be more impudently spoken when the Reasons of the University of Oxford had been published against it several years before and testified the bold falshood of what he saith also in his Epistle before the Review where he would qualifie the business a little that to this day no man has shewed any error in the matter of that Covenant And indeed shew what we will it is all one they will not regard it They still retain I see by this man a wonderful affection for the Covenant and cannot endure it should bear any blame It was not saith he the Cause of the War Why so the Battel at Edgehil being fought before the Covenant came into England p. 22. what of all that The Covenant might notwithstanding be a great cause of the War and I will prove it had a great hand in it All the stirs in Scotland were by the means of it they entring into it without the Kings consent obtruding b Large Declaration p. 75 199. it with threatning beating tearing of Cloaths turning men out of their Livings Excommunicating Processing those that would not subscribe it and binding themselves to a mutual assistance against all persons whatsoever Upon which the Kings Commissioner desired that they would add Except the King and his Successors but they refused it and in their explication of the Covenant which came out afterward would add no such thing but only that they would defend his Person and Authority in the Preservation and Defence of true Religion c Ib. p. 108 109. In that form it marched into England d What use the Arâ—â—y made of the clause the Remonstrance about the Titary at the Isle of Wight will tell you whither the Spirit of it was come before and had raised those Arms which might have been soon laid aside again had it not been for the Covenant For without the assistance of the Scots the Parliament of England knew not how to carry on the War and without the Covenant came along with them or march'd before them they would not jog or stir a foot As appears by this Relation which I find in the Second Fair Warning e By Rich. Watson 1651. p. 178 179. sent from one well acquainted with the Affairs of his own Country When the Commissioners saith he came down into Scotland from the Parliament of England and a Letter they brought was read in the Assembly there they received no other Answer but this Gentlemen we are sorry for your case but whereas your Letter saith you fight for Defence of the Reformed Religion you must not think us blind that we see not your fighting to be for civil disputes of the Law which we are not acquainted withal Go home and reconcile with the King He is a gracious Prince and will receive you to his Favour ☞ You cannot say it is for the Reformed Religion since you have not begun to reform your Church You had thriven better if you had done as we did begun at the Church A few days after this new Addresses being made their Friends in the Assembly made this proposition Will you joyn in Covenant with us to reform Doctrine and Discipline conform to this of Scotland and ye shall have a better answer The Reply was thanks and that they would represent their desires to the Parliament from whom they had no instructions for such an agreement Nay said the Assembly again this will be loss of time and the danger is great the Parliament nor being able with all their forces to stand two months before the King
the Altar of Damascus affirms that there were either silenced or deprived upon the account of not conforming three hundred preaching Ministers Dr. Heylyn indeed informs me that it doth not appear upon the Rolls that theâ—e were above nine and forty deprived upon all occasions till the death of Archbishop Bancroft and so the whole Number of the silenced and deprived might not be so great as they pretended You must conclude one of these two things either that they loved then when occasion served to make a Mountain of a Mole-hill or now they are desirous to do the just contrary and depress their Number to little or nothing And in like manner now he tells us the people dissatisfied with the Liturgy or Ceremonies are ten if not an hundred to one to what they were formerly and yet then they talkt of many thousands z Humble Supplication p. 36. of the most loyal and best affected Subjects that joyned with them in their Affection to the desired Reformation That is they talk boldly and at random out of their own imaginations as if they wrote to simple Ideots that believe every word without chewing Otherwise this Apologist would not have told us that Mr. Hildersham was silenced but in some Dioceses c. p. 7. whereas Mr. Clark tells us expresly that he was not onely silenced but deprived for refusing of Subscription 1605. and was not allowed to preach till 1608. and within less then a year silenced again and continued so a long time Nay was judicially admonished in the High Commission 22 April 1613 and enjoyned that saving the Catechising of his own family he should not at any time hereafter preach catechise or use any part of the Office or Function of a Minister either privately or publikely until he was restored c. And that it was not till 1625 that he was licensed to preach in some Dioceses How it was with others I have not had occasion to observe and now have not leisure to examine but have cause from this to suspect that he doth not report these matters clearly and with sincerity And indeed overweening of mens selves is apt to blinde them and make them imagine any thing will pass for truth and for sound reason which comes out of their mouthes One would wonder what he thinks our brains are made of who puts us off with such slender stuff as this for an excuse of their holding Meetings separate from us It is no schism nor a breach of the unity of the Church because they take occasion to meet for a time onely till a door be opened for them in the Church by the removal of some supposed or real corruption in the publike Worship As if there were no breach in a garment when it is rent because it may be sowed together again But yet this the Apologist thinks makes the Separation of the Non conformists from the Church of England not total and perpetual p. 11. which he repeats again p. 128. and calls it a temporary and partial withdrawing A very sorry employment this is for a Divine as I take him to be to spend his time in sowing a few fig-leaves together to cover the shame of a sinful disobedience to their Governours and the great breach they have made in the unity of the Church For it may be demonstrated from his own words that this is a meer shift and frivolous excuse He confesses a Separation onely he addes that it is but temporary The cause of this temporary Separation is a supposed or real corruption in the publike Worship I ask now Is this corruption such whether real or supposed that it is a just cause for a Separation If it be not they ought not to withdraw themselves for a time If it be they may withdraw themselves from us alway And so they will according to these Principles for if this corruption be not removed they must alway continue separated or else it is no sufficient reason for separating now Do what they can they are not like the old Nonconformists for they did not withdraw themselves into separate bodies no not for a time If they had upon his Principles they must have died Separatists there being no removal of what they wished taken out of the way as these men are like to do unless they repent and alter their practices in stead of desiring an alteration in the Publick Worship Besides he is very ignorant of the state of our affairs who doth not know it hath been the manner of this Sect to proceed from evil to worse since the very beginning of it which makes me think it past doubt that they will settle in a down-right Separation At the first they onely disliked some Ceremonies See the Visitation speech at Lisnegarvy p. 5. and could pretty well digest conformity in the rest In a little time they manifested a dislike of Episcopal Government being better affected to the device of Mr. Calvin and together with that they distasted also our Common prayer From a dislike Some proceeded to think them unlawful and then fell into a contempt of Bishops and the Prayers bitterly rayling against them From hence they advanced to open disobedience to all the Orders of the Church and at last renounced it and rent themselves from it esteeming themselves the onely Brethren and Congregation of the Faithful Some there were indeed that did not go thus far and being silenced or deprived for not conforming to the Ceremonies would not separate from the Church nor refused to joyn with our Assemblies This Apologist would have us think that he and his Brethren are the followers of those and yet confesses they are gone a large step beyond them having separated for a time And the same reason which hath carried them thus far will advance them further and make that time so long that it will prove alway They will teach next that Gods people must be Separatists a Protestation protested 1641. In order to which we must be that part of the kingdom which is the world and not the Church of Christ b Groans for Liberty 1646 And still they will have a further journey to go and never rest till they be uppermost and have set Jesus Christ that is themselves upon his throne What ground any man can have to hope any better I cannot imagine they being so bent to defend their present unwarrantable practices that they will flie to any refuge though never so dangerous nay take sanctuary in shadows and think they are safe rather then yield the cause An instance of which you have in this Writer who immediately after that which was now noted alledges the words of a Romish Doctor mentioned by Bishop Bramhal to excuse them from Schism p. 12. But let any man consult the place and he will finde presently they are nothing to the business For the Bishop is there speaking c Vindic. of the Church of Engl. p. 7. onely concerning clashings between Bishops and
under his hand in the Arch-Bishops Study by Mr Pryn and published in his Fresh discovery 1646. Sect. 8. As for the Ceremonies he saith I shall diligently and daily practise them neither have I ever been accused of neglect therein where I have formerly exercised my Ministery but do give to them my full approbation and allowance Lastly for the Book of Common-prayer the Liturgie of the Church and what is in them contained finding them agreeable unto the Word of God I have used as other Ministers have done and am resolved so to do c. And to these I subscribe with my heart and hand What it was that altered his mind or his practice afterward I have nothing to do with but so it was as the Bishop proceeds that when after the beginning of the Parliament all things were let loose in the Church the greatest part of the Clergie to their shame be it spoken many for fear of loosing their Livings more in hope to get other mens Livings and some possibly out of their simplicity beguiled with the specious name of Reformation in a short space became either such perfect time-servers as to cry down or such tame complyers with the stronger side as to lay down ere they needed the use of the whole Liturgie and of all the Rites and Ceremonies therein prescribed But the Cross above all was anathematiz'd and bitterly inveighed against as it is even at this day by the Managers of the Presbyterian interest c. who having engaged to plead in the behalf of other mens tender Consciences do wisely consider withal that it will not be so much for their own credit now to become time-servers with the Laws as it was some years past for their profit to become time-servers against the Laws If he desire any more on this subject let him call for it and I shall not be sparing of my pains to serve him But let him be sure if he make a new Catechism to put his Questions better For in this he eats up the true Question as was said long ago in stead of answering the Quaere as the Cuckoe is said to suck up the Sparrows egge and lay another of her own in the room I did not charge them with holding it unlawful to keep Festival days as he states it p. 43 44. but with not keeping ours since they cannot deny it to be lawful and keep others of their own Nor found fault with the saying Well through mercy p. 103. but their using new distinguishing forms of speech Nor with their not condemning Sacriledge as a sin but their not speaking and writing against it when there was such occasion for it This I have told him already in the Third Part of the Debate if he would have vouchsafed to peruse it before he said any thing of it and I shall now tell him once more that they were wittily compared by a great person i Bishop Bramhal Schism guarded p. 112. whom he commends to the two Sicilian Gluttons who blew their noses in the dishes that they might devour the meat alone that is they cryed down the Bishops revenues as dangerous and nourishers of pride and laziness because they gaped after them themselves No body questions this but they would have had them applyed to their maintenance That which they are charged withal is that after all that gaping they shut their mouthes and would not open them to declare against the alienation of the Church-lands which was then in hand Yes saith this Writer p. 15. the Assembly did dare to condemn Sacriledge as a sin against the second Commandment in their larger Catechism for which they cite two Scriptures I told you as much but this is not the business nay more then this I have shew'd you they believed not onely Sacriledg to be a sin but the alienation of our Church-lands as things then stood to be Sacriledg k Third part of Debate p. 207. And yet they did not plainly declare against that fact much less made such declarations as they did against other sins in the Pulpit and is they require us to make in the like case or else think us negligent None of them did like Mr. Vdal whom I mentioned or like Mr. Bernard Gilpin in the last year of King Edward l Sermon at Court 1552 first Sunday after Epiphany or like Archbishop Whitgift whose affectionate Speech on this subject to Queen Elizabeth mixed with great humility and reverence is recorded by a worthy Gentleman Mr. Isaac Walton in the Life of our incomparable Hooker m Pag. 70 71 72 c. The truth is men of the greatest temper wisdom and piety have noted this inequality of zeal in this party about such like matters as this long before I was born and therefore it ought not to be censured as such a piece of uncharitableness in me to mention it Dr. Jackson for instance in his Treatise of Justifying faith n Chap. 15. paragr 9. tells us that the first ground of his dislike unto the chief sollicitors of Reformation in our Church though he always reverenced their excellent Parts and good Labours was the difformity of their Zeal For had it been uniform saith he no question but it would have moved them to lay down their lives for the redressing KNOWN ENORMITIES is the Common wealth as much more material and more nearly concerning the advancement of the Gospel then those doubtful Controversies of Formalities about which they strove as death it self is more terrible then deprivation The principal Authors and Abettors of which Enormities notwithstanding were emboldned by these Encomiasts in whose language every Cormoâ—ant that would countenance their Cause was a sanctified person and a son of God He may call this railing perhaps the next time he writes if not he must excuse me from it who have writ nothing severer then this But it may be further added that the Catechism he mentions did not come forth till the business was too far gone and whatsoever had been said then would but have been to shut the Stable-door when the Steed was stoln For the Ordinance for abolishing Archbishops and Bishops and setling their Lands and Possessions upon Trustees for the use of the Common-wealth was made Octob. 9. 1646. And that for setling their Lands November 16 following whereas the larger Catechism was not printed till October 22. 1647 and then no more then six hundred Copies onely for the use of the Houses and the Assembly to the end they might advise thereupon More then this the Scriptures were added afterward and came not forth with the first Edition and lastly they make mention also there of Perjury and yet there was no Preaching against it till the Covenant came to be broken though it was a sin before that time wherewith the Land abounded As for the Authors of the Annotations I know them not and what he alledges concerning the additions to them 1651 it is nothing to the point It
he hath propounded to finde out the several degrees of sin against Humane Laws and what Laws are of such moment that a man cannot be accounted a good Christian or a good Subject that lives in defiance of them For this end look back to what was said concerning the nature of a Law which will lead you to a right understanding in this matter It is a Declaration of the will of a Prince concerning those things which he judges needful to be done or avoided by his Subjects The more needful then he judges any thing to be done or avoided for the Publick good and safety c. and the more it appears his will is set upon it the more his Law is to be reverenced and the greater the offence is if it be broken especially openly and with an high hand Now you may know this partly by the matter it self as all wise men have determined if it be a matter of Justice Charity Piety Religion or Peace Partly by the manner and form of commanding and forbidding partly by the greatness of the penalty threatned in case of disobedience and lastly very much by the Preface to his Law in which if he be pleased to expound the reasons and the necessity of it and they appear to be great and weighty his minde and will is thereby without all doubt declared that a more then ordinary regard be had to that Law of his Apply now all this if you please to the Law which hath moved this dispute and you will finde that I had reason to say what I did and that they have no reason to equal the breach of other Laws which they mention with the breach of that An Act of the seventeenth of our present Soveraign made at Oxford required such persons as had not and should not perform some things therein named not to come within five Miles of any Corporation c. The breach of which Law I hold to be a grievous sin and when a man lives in it and in defiance of it keeps Conventicles I said his piety and honesty might justly be called in question My Reason is because it is plain to me by those indications now named that the Law-giver judges it to be a matter of great consequence and that he is much concerned it should be observed For first the Preface to it is solemn and lets us know that both Religion and the Civil Peace and tranquillity depends upon it and that they are removed from Corporations because if they were there they might take an opportunity the better to distil the Poysonous Principles of Schism and Rebellion into the hearts of his Majesties Subjects to the great danger of the Church and Kingdom This is the reason and ground of the Act which is as great as well can be and therefore the penalty is great forty pound for every offence and as I remember imprisonment for six months without Bail or Mainprize if two Justices of Peace please unless upon or before such commitment they shall swear and subscribe the Oath and Declaration mentioned in the Act. Compare now this with the other about burying in Linnen and about Waggons which they make such a talk of and you will finde neither the Penalties five pound in one Act and forty shillings in the other nor the Reasons given in the Prefaces any thing near so considerable as those now mentioned Which is a signe that the Law-giver doth not judge them of equal moment and necessity and consequently that the transgression of these Laws is not so heinous nor so much against his will as the transgression of the other The Penalties also for offences against these are ordered to be so imployed that they may do as much good to the Publick as the offences do hurt setting aside contempt of Authority which I cannot excuse But may not a Law-giver you will say be mistaken in his judgement as some think there was an error in that which was enacted about Waggons And if he be why should we observe such a Law I Answer I am not bound absolutely to be of the Law-giver's opinion that all such things are for the Publick good which he decrees I am onely to follow his will and do what he enjoyns when I can without sin And this I take my self bound to even when I conceive it were better for the Publick if it were otherwise ordained What will you say again when there is an intolerable inconvenience and a very grievous evil to the subjects by obeying That 's the thing I know you would be resolved in And truely the Moral Divines and Lawyers say no. It is to be supposed when that case happens that it not being the intention of a Prince to make his Subjects miserable he would not have made that Law if he could have foreseen such a mischief And therefore it ceases of it self to be a Law and looses its Obligation But then in the reducing this to practice they tell you there are these cautions to be observed First Obedience is never to be denyed but when the Law is against the Publick good If it be still consistent with the Publick interest though it be to the damage of some particular persons they may not break the Law Again it must be practised then onely when the Mischief to the Publick is not small but so great that in the judgement of the best and most prudent persons it be a sufficient cause of disannulling a Law and doth out-weigh the evil of material disobedience And thirdly this mischief likewise must be certain and notorious not onely in our fancy The security of which is when it is declared so by the voice of all men at least of all the wise and good and not onely by a party whose particular interest is concerned to vote it to be unsupportable And yet in case the truely wise and good on all sides think it so they ought not fourthly to disobey the Law with the scandal and offence of other men It must be done so modestly humbly and with fear that the rest of Mankind be not taught hereby to slight all Laws upon little pretences and trifling regards And lastly to secure all we must if we have time and opportunity ask leave of the Law-giver whose leave is to be presumed in such cases onely in time of a sudden danger And having done thus if we should be mistaken and judge that a publick mischief which is not yet the guilt of our disobedience will not be deadly but such as will easily finde pardon both with God and man To this purpose you may read more in that Doctor Bishop Taylor out of whom this Casuist quotes a line or two relating to this matter onely separated from all the rest of his discourse Which gives me occasion to note his disingenuity for besides all the Cautions which the Bishop r Rule of Conscience Book 3. R. 3. N. 10. c. there gives I observe since I writ all this that