That God hath witnessed his displeasure against the sharp dealings of Authority by manifold Judgments he instances in burning Ships burning London c. But first Is he sure that this Government is worse then all Governments because England suffered such great things Christ says I tell you nay but they say Yea or nothing Luke 13. 1 2. Secondly Solomon thinks a man cannot know good or evil by what happens under the Sun but these know the Government evil by these Accidents Thirdly Did that Authour's familiar that he speaks of p. 86. give him a dark notice of the Interpretation of these Providences Fourthly Do not these men turn Polypus's and servire scenae having formerly told us Afflictions were a note of God's people are they now a note of the Devil's Well let them hear the Poet's curse Careat successibus opto c. 'T is a brave thought of Lucan Victrix causa diis placuit sed victa Catoni Sure a man may justifie God without condemning poor Abel for his misery Job's Piety should not be condemned because of his Misery Let him reade Eccl. 7. 10. and he must acknowledge it a foolish Argument 2. The second Reason common to them all is that Toleration must be granted to unite us and make us strong in War For answer first A combined Interest reconciles all men of Estates so far as to prosecute a just War in defence of life and estate and to secure themselves from forein Oppression Secondly Crouching to Male-contents at home disspirits Authority and hinders forein Conquests Thirdly Advancing dissenting Sectaries is a civil War where Ring-leaders are Generals Preachers Captains Congregations Camps and words at length proceed to blows Fourthly Toleration would increase both Papists and Fanaticks and being let loose and both increasing who can assure us they will not fall on both King and Parliament sooner then on any forein adversary especially while they smell so strong of Hacket's Principles to destroy Authority to make way for the Fifth Monarchy Fifthly All sober Protestants are reconciled already in the Act of Uniformity if other mens Consciences keep them from Obedience what will keep them from Disobedience but Laws duly executed Sixthly 'T is insolent for Subjects to stand on terms of Accommodations with Sovereigns especially the meanest of Subjects with the best of Princes No language so well becomes their mouths as Submission 3. The third Reason is There is no hurt in Conventiclers P. p. 10. Non-conformers are serious and painfull men D. P. p. 87. They are like Christ P. p. 69 70. Yea Christ 's brethren P. p. 71. Therefore grant them Liberty For answer first I hold my self excused from meddling with this Argument because these mens too late crimes have proclaimed a confutation to the world already Nor am I willing to rake into so stinking a dunghill being much more delighted in Charientisms then Sarcasms Onely I take leave to vindicate my Saviour from these foul aspersions Let these Authours shew me where or when Christ murthered his even tyrannicall Superiours Against what Authority did he take arms where did he teach Christians to turn from Prayers and tears to Sword and buckler when did he preach Subjects into the field against Sovereigns upon pain of Damnation cursing Meroz for being backward to set out c. as most of these Ministers here resembled to Christ did What incouragement did Christ ever give to Factions amongst those that professed Christianity My just zeal demands a blush from that Authour for belying our Saviour and saying he was like these Sectaries Besides Conventicling against Law is a sin of it self if they sinned not in their Conventicles For 't is a transgression of the Law of God mediately of man immediately The Civil Conscience is obliged by the Civil Law as well as the Spiritual by the Divine Law Nor is this a fansying two Consciences but one distinguished by its several Objects about which 't is exercised for the Conscience is mixta persona as well as the King and must be judge in all causes If you object that if Conscience be so bound to the Laws they must be just I answer first Untill they are clearly proved otherwise praesumptio est pro authoritate imponentis Secondly They that see them unjust presume themselves to have more wit then the Authority of the Nation that made them which cannot be said without pride D. P. p. 85. says well An Act passed on a thing doubted unlawfull makes it not presently lawfull yet sure the judgment of so many grave men may be a glorious Taper to illuminate and a strong Cable to bind the scrupling Conscience Thirdly The Laws are most probably just when the generality of good men practise them who have Inspection to discern Consciences to scruple Courage to oppose if they see cause and Curiosity enough to examine them The Scruplers therefore must esteem their Notions either Inspirations from God or Demonstrations quibus non potest subesse falsum or else must judge themselves infallible otherwise 't is notorious Insolence to prefer their own opinions of a Law before the Law it self and the common judgment of man especially since Res judicata pro veritate accipitur is a necessary Rule in all Laws and surely to erre with Authority is to erre on the safer side Fourthly Admit the Law were unjust yet it binds for it binds not as just but as a Law it binds to suffering if not to doing Oaths may be Perjuries yet the Judge passes sentence upon them without scruple so that the Magistrate's Conscience is secured in the execution of the Laws upon Offenders resigning his judgment of the justice of those Laws to the Legislative power Fifthly Nor are Laws in a politick consideration such trifling things as these men fansie Petilius found a Book in Numa's grave expounding the Roman Superstitions but because by the Praetor's Oath they were found contrary to the present Establishment the Senate adjudged the Book to the flames so carefull were they to uphold the reverence of their Laws Demosth. orat in Aristog tells us 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. and therefore not lightly to be contemned Du Moulin tells the ingenious Balsac though something in Laws be unjust 't is just to obey them for some States have thriven in obeying unjust Laws others in not obeying just have perished I wish these men of Aurelius the Emperour's modesty who reasonably resolves AEquius est me tot talium amicorum consilium quà m tot tales meam unius voluntatem sequi But how then shall these men answer S. Jude's description of Separatists v. 8. that they are despisers of Dominion and speak evil of Dignities 'T was once said Turpis est pars quae cum toto non convenit but now 't is the highest pitch of Piety to oppose Authority But secondly Is there no hurt in Conventicling Are they not the Trojan horses whence armed men issued forth to sack great Priam's Territories Are they not like
obtained the Crown a Vote was made That whosoever would not seek the Lord God of Israel should be put to death whether small or great whether man or woman as you reade 2 Chron. 15. 13. And why should the Jew be more zealous for the honour of his God then is the Christian Moses that saw the Looseness contracted by Israel's bewildred estate tells them plainly You shall not doe as you doe this day every man what 's right in his own eyes or seems good in his own Conscience Is Conscience such aâ—nctâ—uary to damnable Doctrines that being got in there the Holiness of the place must defend them Can it be imagined that Head and Hand-sins must receive their punishment and onely Conscience-sins pass under Protection S. Paul says Rom. 13. 4. If thou dost evil be afraid of the powers but these men say If the greatest Blasphemies be committed against God be not afraid for the Magistrate hath no power to punish thee Be not afraid to bring in Doctrines of Devils for the Powers are bound to tolerate thee Break what Laws thou wilt and pretend 't is thy Conscience obliges thee to it and 't is a safe Plea that can't be over-ruled But well fare Charles the fifth that engraved on his Sword Custos utriusque Tabulae judging himself obliged to see the Laws of God executed as well as the Laws of the Land and to take care that Christ have his due as well as caesar his If you object That then the Magistrate if his Conscience should hap to be erroneous might persecute Piety I answer first So may he in civil Causes punish an innocent man if his judgment errs but that doth not annihilate his authority Secondly And we may as reasonably suspect an Angel will erre as the Magistrate since the Apostle's charge is to believe Angels no more then men in teaching another Gospel Gal. 1. 8. And thirdly If any be possessed with the spirit of infallibility 't is the Magistrate since the Scripture speaks more favourably of him then of the Jesuites Pope or the Quakers Spiritual man for Solomon saith Prov. 16. 10. A divine sentence is in the lips of a King his mouth transgresseth not in judgment He may be ignorant in some truths in Divinity but not in the weighty things of the Law And if his commands proceed about circumstantials and lesser things be they according to or dissonant from the truth the believer is obliged to be silent upon S. Paul's rule who saith Rom. 14. 22. Hast thou faith have it to thy self before God He must not flash his light in his brother's eyes and much less may he set a Church or Kingdom on fire with the scattering of it about And thus much D. P. p. 101. acknowledges The tolerated must not broach principles to the scandal of others much less then to the scandal of a Church And farther fourthly In some cases we are obliged to force our Consciences rather then resist Authority that by once passing that River of which it was so fearfull it may at length goe more boldly forward when commanded without many blows to make it enter Christ's sheep may be forced into green pastures where else they will stand boggling at the gate 'T is the Doctrine of a great Patriarch in these mens account I mean Ames l. 1. de Consc. in recollectionibus ad calcem libri additis Sect. 27. Licitum consultum est aliquando agere contra scrupulum aliquem Conscientiae And then methinks where Authority appears 't is a considerable circumstance to enforce especially considering that of Plin. to Trajan A Te exigetur ratio nos excusabit obsequium And Cassiodore speaks but the mind of the civil Law when he tells you Nimis iniquum est ut ipse patiatur dispendium qui imperium fecit alienum But then fifthly If Liberty must be granted then inclusivè as P. p. 62. grants Sovereigns must have their Liberty of Conscience as well as Subjects And then if their Consciences tie them to punish Errours what room is left for others Liberty Princes if consciencious are or may be as really obliged to the making and executing as others to the transgression of the Laws and then whose Conscience shall take place The Scripture enjoyns the Prince to punish Disobedience as well as it forbids the Subject to obey so that either the Consciences of Governours or governed must be oppressed Sixthly What should Sectaries doe with Liberty of Conscience that preach themselves a poor afflicted despised Flock and make Afflictions the note of a Child of God if not a note of the Church To grant them liberty were to divert their Afflictions and so unchurch them yea to stop up their way to Heaven which by false application of Scripture to all persons and times they hold must be through many tribulations Now to justifie their Doctrine they will find something else to quarrell with Authority about if you grant them Liberty and so pro thesauro carbones by long fishing you get a frog Seventhly The common Principles of the Sectaries can endure no Accommodation for they hold God's Flock a little Flock whom the Powers of this world must oppress and they must have a World to rail at and should you conform to them in every thing there needs no other argument for their deserting their own way as one of these Authours well observes in the instance of wearing short hair which the Non-conformers Consciences much urged them to till they saw Bishop Laud to commend it to all the Clergy then they changed their Consciences tackt about and wore all long hair The Sectaries are men of narrow spirits and love a little way They think multitudes can't go together but to doe evil and fansy huggling together like a Covy of Partridges in a field to be the onely Christian way Like John the Baptist they love to be in a desert or like a Hare to sit trembling alone in a bush and can't be brought like Doves or Sheep to feed in great Flocks Besides they have an irascible appetite in them which is naturally trained up like a true Bull-dog to bait Authority so that Oliver their great God-a-mighty could not save his Nose from their reproaches In a word Tacitus observes that evulgato Imperii Secreto alibi Imperaetorem fieri posse quà m Romae it taught every Legion to proclaim an Emperour for the future 'T is well if Obstinacy and Scrupling prevailing to overthrow one Law do not at length strive to overturn all and translate the whole Government to themselves I am of Scomberg's mind though in a far better cause That he that sees he can force any thing will at length believe he can force all and so is by Concession of one but invited to contend for another Now they try your patience the next time they will try their own courage But stay let us hear their Reasons for Liberty of Conscience The First is that in the Proposition p. 3 5 6.
gentis bellicosissimae better when the Rebellious Army was on foot or 400 years before when Ireland Wales France Scotland c. were subdued by us But eighthly These men rightly account for Liberty of Conscience shewing that it is a more successfull device for the blowing up any Government then the Powder-Plot was But 't is a strange argument to commend it to the King because it murthered his Father and to the Parliament because it overturns Government 'T is certain 't is the most fatal Wild-fire of a Nation and a sworn enemy to all Government and its genuine issue are Factions and Dissensions whilst each party struggles to promote his way It distracts the vulgar who tend strongly to a Settlement and invites the Gentry into Faction to become the Head of that Party are most like to receive them It cuts off the Magistrate at the half leaving him no more of the Subject but the outward man And could we but see the face of it without a vizard we should discern it to be Vngovernableness One of these Advocates calls it the mad Earl of Warwick then Bedlam is fittest for it and thither the Honourable House of Commons having voted it for me let it goe Here I cannot but observe the pretty Artifice of the Prop. p. 60. persuading us to believe that if Liberty of Conscience be granted Episcopacie would drain all the Sects If Episcopacie could drain the Sects without an Act of Uniformity to assist it why not with it But alas a disease is infectious but so is not health we may get Heresies by contagion but seldome Truth S. August tells Boniface experientiâ edoctus nullâ re magìs quà m Severitate Donatistas Circumcelliones in officio contineri Sure these Seas of Errours never so much overflowed their Banks till the Rumpers pull'd up the Sluces and whether Liberty made our Factions dwindle let the world judge 'T is too true a Proverb Opportunity makes the Thief To set open the door is not the way to keep Errours out 8. Their eighth Reason is 'T is a sin to make men act against Conscience for Force either debauches Conscience or brings Persecution on mens bodies or estates either of which do make the Forcer guilty L.C.A. p. 45. 'T is a greater sin then lying stealing whoring c. P. p. 74. You were better stab him p. 73. He is damned that is made to doe what he thinks not lawfull and he may never recover his Conscience again p. 75. To this we answer first All this Argument is as strong for Toleration of Papists as for any else yet these men do unitedly deny liberty to them So that certainly they conceive it not a sin or else are content to damn themselves to suppress the Papists Secondly They know that Papists Quakers and Anabaptists do declare it against their Consciences to come to our Churches and hear our Sermons yet L. C. A. pag. 48. and elsewhere asserts that the Magistrate may without sin compell men to hear Sermons Did he therefore believe himself and this Argument to be true it did ill become him to give the Magistrate that direction If you force the Quaker to come to Church according to this Argument you debauch his Conscience c. Thirdly This Argument we are not concerned in for we plead not against liberty of believing or loving but of professing and practising Errours We say with Cic. to Marcellus l. 4. ep 9. Dicere fortasse quae sentias non licet tacere planè licet Were their Case that of the Roman Senate Senatus ad otium summum vel ad summum nefas vocaretur Plin. l. 8. ep 14. they might save their Consciences by doing nothing If the Libertines fansy it a false Doctrine they are required to believe let them hold their peace and all is well Laws can make men hide though not hate their Errours 'T is true Conscience ought not no nor cannot be touched but yet mens practices must not be allowed Thus Beza determines this Case Vt non sit punienda animi opinio neutiquam tamen ferenda est pestilens impia professio Conscience is that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that can't be bound but mens lips may be sealed their tongues may be tied and their bodies moved from Conventicles to Church c. and that is all intended Fourthly If the Powers could or some men would make themselves act against the false suggestions of their Consciences they would find it a saving rather then a stabbing Act. For 't is a false suggestion that of M. I. p. 7. That he that is true to an erroneous Conscience is true to God for then are all the worshippers of Sun Moon and Stars true to God then was Adam true to God when he was beguiled to eat the forbidden fruit The truth is Conscience is indeed God's Officer but the Devil hath bribed it to his devotion and 't is no felony to thrust the Devil out of what he hath no right to But I have spoken to this part elsewhere Fifthly Say that Persecution were great Cruelty to them that are in Errour yet 't is better one then all to perish Surgeons never scruple cutting off one member to save all the rest 'T is certain Kindness to Errour is Cruelty to Truth Charity to the Wolf is Murther to the Sheep Permission to Conventicles is Persecution of the Church Indeed D. P. p. 114. tells you he pleads the Cause of our Lord i. e. that his Name may be blasphemed without fear of punishment that any Worship be it never so antiscripturall may be offered him without controul He farther adds that he and his Partner plead for mercy c. to wit that the Wolf may be gently dealt with who worries the Lambs in Christ's fold that the Serpent may be protected to seduce Adam to his Damnation Yet certainly 't is a sinfull patience to suffer God's Vineyard to be rooted out What glory is it to shew tenderness to the Weed that suppresseth the Corn He is no cruel Shepherd that kills the incurable Sheep to save the Flock from infection Haereseos says Erasmus in praef ad Hieron ep ea est insimulatio in qua tolerantem esse impietas sit non virtus Sixthly For Gamaliel's advice to let men alone Beza says ex veris principiis falsam elicit consequentiam and Calvin on the place upbraids him for a doting and deceitfull Counsellor Whose answers I leave with these Pleaders supposing they will be more gratefull then any I can give Seventhly to conclude This very Argument in the Magistrate's mouth rises up in judgment against all our opposers for supposing the Magistrate's Conscience commands him as it ought to doe to take care of the Honour of God to punish Blasphemy to nurse the Church to be a terrour to evil-doers to lay out his talent of Power for God to endeavour God's glory and the suppressing of sin If he should observe his Conscience he must punish these men if not
tell the mind of the Prince better then his Embassadour And therefore S. Paul charges the Hebrews c. 13. v. 7. to follow their faith that have the charge over them Fifthly The Jew was under the obligation of Conscience as well as the Christian yet no Liberty was granted to him to publish or practice what Opinion he pleased for Heb. 10. 28. he that despised Moses Law died without mercy under two or three witnesses and is the Gospell of less moment then Moses's Law But L. C. A. p. 33. replies a greater punishment even Damnation is inflicted for contempt of the Gospell Very true but so was it for contempt of the Law of Moses too The temporal Judge kills for Murther and the eternall Judge damns and so did they then for damnable Doctrines that murthered Souls Sixthly Men may use their judgment and follow their own light and try what they will onely let them keep it to themselves as Hester did her Religion in the Court of King Ahasuerus Seventhly This Argument is no less strong for the Magistrate to prosecute Dissenters if he believe in his Conscience that he is bound to promote the Glory of God to propagate Truth and to destroy those Boars and Foxes that strive to root up the Vine or to pick off the Grapes In a word to follow an erroneous Conscience is sin and for the Magistrate to indulge a man in sin is no less cruelty then that of King Philip to bring up his Wife's brother Alexander in all kind of Debaucheries that he might effeminate him and so deprive him of his Kingdome In this case S. Hieron Com. in Ezek. 18. would cry out and every good Christian with him Nolo talem misericordiam Domine Now then manum de tabula 't is time to conclude Onely I pray leave to propose to this present and Honourable Parliament the ensuing particulars which if they conduce not to quiet yet certainly not to quarrell if they have little of Mercury they shall have nothing of Mars in them and therefore I presume will be patiently heard by a Parliament whose Discretion vies with their Justice and both seem to be Conquerours A true Parliamentum pacificum Antipodes to the Parliamentum insannum Never any met with a more dreadfull Disease never any made a more perfect Cure A Parliament that have been infinitely provoked yet know no Passions but by their Names A Parliament that is like to verifie Lucian's Character of England Ver. hist. l. 2. that 't is Insula fortunata Campi Elysti When Julius Caesar entered it captus amoenitate loci redire noluit He resolved to live and die here With such a Parliament what Caesar would not take up the same Resolution Yet Carneades tells us wise men contrive Laws and fools judge of them and therefore no wonder if some repine that doat onely on Liberty of Conscience Let such hear that discreet Heathen telling them 'T is optimus Reip. status ubi nihil deest nisi licentia pereundi 'T is a happy want to be without temptation to sin Caesar in l. 3. Com. de bello Gallico observes every man to be a Rebell by nature Omnes homines naturâ libertati studere conditionem servitutis odisse In English No man would be ruled if he could rule Obedience is not of nature but of grace therefore 't is In bonos facile est imperium It must be Gold if superlatively ductile Which proves our seeming spiritual men to be too natural their temper is so ungovernable Authority had need wear Hedging-gloves when they meddle with these scratching Thorns These discontented spirits breath so hot in the face of Authority that they make the cheeks of their reputation blister But all sober men will consider how many and wide Differences this Parliament hath composed how many Swords they have sheathed how many Grievances they have removed how gently they have touched the strings of our Concord what pains they have taken to modell Oaths so as men might disown nothing but opposition to the Government and must needs declare That this Parliament under his MAJESTIE's influence have been the Healers of our Breaches and Restorers of paths to dwell in To continue the Parliament's candour and fidelity 't is humbly conceived necessary 1. To discountenance for the future as they have now done all attempts for the Lawlesness the Authours here answered plead for I need adde no Reasons their own in 1662. given to the KING are the Quintessence of the Nation 's Reason and therefore must be eternal Yet I may say 1. If Scrupling and Faction repeal Laws then are they acknowledged stronger or honester then the Government Secondly If Subjects see that Coyn pass for currant they will bid it for what-ever Law they take distast at 3. If the Parliament be unconstant to themselves men will judge their Acts not to be the product of great Judgment grave Counsels and good Conscience but rather of Levity and Humour especially when an Act shall be repealed that was settled with great debate printed Reasons and deep Resolutions to stand by it I conceive though a Parliament be acknowledged fallible yet an Act so carefully formed comes near an Infallibility 2. 'T is absolutely necessary for the Parliament to stand by the Liturgie 1. Because they have solemnly declared in their Act of Uniformity that it is comfortable to all Christians profitable to this Realm fruitfull in procuring God's blessings an honour to the Reformed Religion and the neglect of it scandalous and dangerous If this were true in 1662 't is no lesse in 1668. 2. In respect of the People's happiness who have the same means and way to Heaven with their Prince their Nobles the reverend Judges the most reverend Bishops Doctors and Learned men of the Land The meanest man sails to Heaven in the same Bottome with the greatest and wisest So that if men conscienciously use it all must swim or all sink together 3. In respect of the Ministry whose tender Consciences must needs otherwise be filled with great anxieties for fear lest their private parts skill reasoning wisedom and direction should not be sufficient to convey so many Souls as they have charge of safely to Heaven from which they are in a great measure delivered by the Liturgy the studied assistence of the whole Church of England by which their Flock is fed and guided in the same manner in their Devotions with the best accomplished man of the Kingdome men of the greatest parts having no higher way for the daily Sacrifice then they 4. In respect of the Papists who may justly complain of our Persecutions in this last Century of years for their not coming to our Worship since we our selves at last think it unfit for use Yea in so doing this Parliament would declare their Predecessors Persecutors and condemn all former Parliaments except the Rump as well as themselves for unconscionable Acts yea and with them condemn the very Reformed Religion in this Kingdome
5. In respect of the Consequences of such a change the sharpest Eye-fight being not able to reach the end of such an attempt It will well become a sober Parliament constituted of the most substantial and honest Gentry to leave the Church in such a Constitution as she had in the most flourishing times of our former Princes leaving it to Rumpers and others of the like audacious Consciences to bring in Sacrilege Confusion Errours Schisms Blasphemies Civil wars c. and so to entail Tortures to their Consciences Stains on their Reputations Curses on their Families and Consumptions on their Estates Which God avert 3. The Parliament will find all Salvo's to make way for an Accommodation utterly pernicious 1. Because they accuse the Laws as too rigid 2. Salvo's oblige none to obey but Quicunque vult 3. The disobedient seem equally innocent with the obedient and more consciencious 4. They permit a Party against the Laws and proclaim variety of judgments 5. Changing men from compliance with the Law to the benefit of a Salvo will be called Conversion in a little time by scrupling Preachers 6. All Salvo's are virtual Repeals of a Law 4. 'T is certainly necessary thatx the Parliament stand fast to the Government of the Nation according to their own Explications 1. Because without them men had some pretences to justifie a Civil War which was a strong temptation to the raising of it 2. Because if a Prince cannot wrong nor can he right his Subjects if he could doe no hurt he could doe no good 3. Because Rebells find alwaies hands too strong for the best Laws and just Princes generally find the Laws too weak to protect them especially in this Island where old Gildas long since observed the people were fortes ad Bella civilia Yea he adds Si quis Principum mitior veritati aliquatenus propior videretur in hunc quasi Britanniae subversorem omnium odia teláque sine respectu torquebantur I groan when I reade it yet our late Times have most emphatically Englished it 4. 'T is certain what Odium they can receive from Male-contents they have received already being judged by so freely declaring the Law Propugnators of Laws Religion Settlement the Prince's Rights and People's Interests and thereby of the Loyall Party for which the Factious are their implacable enemies 5. Because the Parties that would be gratified are true enemies to all Government The dispute being not what Government but what Governours with them They could no more endure the Long Parliament with their Aristocracie nor the Rump with their Oligarchie nor the Protector with his Olivarchie then their lawfull Prince with his regular Monarchie In a word what they are in Church they are in State alwaies Reforming but never Reformed 5. The late vote of the Honourable House of Commons for putting penall Laws in execution is most just 1. Because every Magistrate ought to punish injuries done to God as well as those done to men 2. To distinguish the good Subject from the Rebell 3. To take away temptations from others to grow Factious 4. To draw the Factious to Repentance by momentany affliction for the saving of their Souls 5. To bank up the floud of Errours from overflowing an Island aliquid semper audire volente nihil certi stebiliter retinente as Gildas observes of us and Bede confirms Hist. Eccl. l. 1. c. 8. in the self-same words An Itch after new Factions being as natural to us as after the new Fashions of the French a bad new way being in all Ages more welcome to us then the good old way 6. If the Law given be neglected the Law-giver can't be respected 7. A dormant Law serves onely to increase transgression both in them that swear to execute the Laws and in them that disobey 8. By this means a Constable or Church-warden in a Parish may void the best-contrived Sanctions of Parliament 9. If it be not possible to execute a Law the Contrivers wanted wisedome if not lawfull they wanted Justice 10. If former Laws be voided by neglect of Execution future Laws will not be fear'd which tends to dissolve all Government 6. 'T is humbly proposed to consideration whether the Church-wardens Tax for repair of Churches ought not to be levied as the Over-seers of the Poor is by Justices Warrant yea and Vicarage-Tiths be declared positive in favour of Vicars who have commonly the greatest work and least wages and made to be sued for at Common Law 1. Because Sectaries stand willingly excommunicate and are tempted so to doe by saving their money 2. The heavy sentence of Excommunication is unproportionable to the detaining a Groat 3. An Act may be so drawn as not to be Derogative but Accumulative to Church-Franchises leaving the Plaintifi to take what way he pleases 4. It would prevent a thousand clamours against Spiritual Courts for too frequent Presentments buying of Time Excommunicating for Trifles c. 5. If all Irregularities were punished with Penalties and onely Crimes with Excommunication it would remove a great deal of offence especially if Excommunication be executed with that Conscience and Gravity a Censure of Christ ought to be and by those hands in which Christ left it I know that Contumacie as the learned D. Hammond Power of Keys hath proved is the onely sin that Excommunication punishes but 't is pity to buoy men up into that stubborn Posture for every Trifle since men may guesse from the equality of punishment that the Church embraces that Stoicall conceit that Omnia peccata sunt equalia Lastly That Liberty may be yet more confined I humbly beg that common Swearing and common Travelling on the Lord's Day may be stopp'd by Parliamentary Authority lest their general practice should make them in mens opinions degenerate from Crimes to Vertues I would that our Scruplers had set their stomachs against these Vices and we should soon have been Brethren Now to turn the Tables a little I become a Petitioner for Liberty of Conscience to wit That it may be lawfull for Priest and People without fear of Bailiffs or common Arrests to repair to and retire from their Parish-Churches upon Sundays lest while your Acts command attendance on Divine Service and Arrests forbid them they be forced upon transgressions NOw Sir by this you may see my sense of these Authours and their Designs and what I imagine to be more wholesome Counsell If you wonder at my style as too biting for my temper I alledge that the spirit of Meekness can be but of little use against a Party that want Modesty Besides the nature of this Case is such that the discovery of these mens Crimes is a confutation of their Cause And our Saviour though meek and lowly found a whip for the Temple-beasts never using bitterer expressions then to the Saint-like Hypocrites Wolves in Sheeps cloathing are double-skinn'd and must not be whipp'd with a Nosegay They cry with the Donatists Nos soli homines caeteri canes sues proclaim each other godly and serious men so that to have smothered the truth had been to conspire with the Devil to their Damnation Upon these Reasons I stand at the Bar of your candid Censure for my Severity rejoycing that your Honour will be concerned in the Interest of Christ's Church and not like the Gallio's of our Age care for none of these things What now remains for me but to lay down my Pen and take up my Prayers That God would grant England to speak the same things and think the same things and doe the same things and that at length all Animosities laid aside we may all with one heart and one mouth glorifie the God of our Fathers so that maugre all opposition England may again appear a Nation at unity within it self Which shall be the daily prayer and endeavour of Dated from my Study Apr. 15. 1668. Your Honour 's most humble Servant Abraham Philotheus FINIS