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A25519 An Answer to a late pamphlet intituled, The judgement and doctrine of the clergy of the Church of England concerning one special branch of the King's prerogative, viz, in dispensing with the penal-laws shewing that this is not affected by the Most Reverend Fathers in God, the Lords Arch-Bishops, Bancroft, Laud and Usher ... the Lord Bishop Sanderson ... the Reverend Doctors, Dr. Hevlin, Dr. Barrow, Dr. Sherlock ... Dr. Hicks, Dr. Nalson, Dr. Puller, so far as appears from their words cited in this pamphlet : in a letter to a friend. 1687 (1687) Wing A3309; ESTC R15256 30,429 41

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the Divines of the Church of England that the Kings of England receive no power or Authority from the People for all Soveraign Power comes from God and the Crown of England is not Elective but Hereditary Nay they own that no Essential branch of Soveraign Power can be taken away from a Soveraign Prince the only question is whether the exercise of Soveraign Power can be regulated and limited by Laws of the Kings own making and this those who talk of a limited Monarchy must own for there can be no limited Monarchy if the exercise of Soveraign Power cannot be bounded by Laws Thus I have shewn as well as I can learn what the Sense of the Divines of the Church of England is in these Points how far they agree with the Judges reasons if they be theirs I cannot tell because I know not in what Sense they understood them As for his application of all this to the case of Liberty of Conscience I have nothing at all to say to it for since the King has declar'd his pleasure in it I will not dispute against it I am not without hope that Liberty of Conscience will not do the Church of England so much hurt as her Adversaries wish nor the Church of Rome so much good as they expected for tho' Fanaticism is a pleasing delusion Popery is not popular in this age and therefore it is not meer showing that will make Converts and I believe Liberty of Conscience it self at this time will not drive any Sober Dissenter the farther from Church And I have more hope of Gods Protection because we are upbraided as we are by this Writer with our very hope and confidence in the Divine Providence for who ever reads it can think it nothing less besides the knavery of the Quotation Doctor Hicks in answer to that Objection against the Doctrine of Passive Obedience Jovian p. 263. Where then is our security How can we be safe from the oppression of our Soveraign if we may not be allow'd to resist Among other things tells his Readers Pag. 265. that there neither is nor can be any absolute security either for the Soveraign against the Subjects or for the Subjects against the Soveraign in any Government and therefore in the second place it may be a sufficient answer to the question to show that we have all the security against the King that the King hath against us even all the security that any people in the World ever had have or ought to have and he instances in the Providence of God in the Conscience and Honour of the King and in the Laws of the Realm to which every man be he never so great is obnoxious besides the Prince himself This was all very much to the Doctors purpose it being all the Security we can have that our Prince will not oppress us which is not absolute security neither But what does this signifie to Liberty of Conscience how does this secure the Church of England if all her Enemies be let loose upon her But this Writer picking out two or three sayings from what the Doctor said of the Divine Providence without any regard to the series of the Argument concludes it with these words in Capital Letters So that they have all the security that any People in the world ever had have or ought to have As if the Doctor had taught that no People in the World ever had or ought to have any other security against the Oppression of a Soveraign Prince but only the Providence and Protection of God whereas he applies this not only to the Providence of God but To the Conscience and Honour of the King and the security of Laws The Providence of God indeed has the over-ruling determination of all things but ordinary Providence works by means and we have no reason to expect Miracles now and therefore the Providence of God does not make other securities needless The Doctor tells us Page 267. As the Princes best security against the People is the watchful Providence of God so the same watchful Providence is the Peoples best security against the Prince So that the Providence of God is an equal security to Prince and People against each other But how would any Prince look upon such a trifler who should tell him Sir all the security you have or possibly can have against your Subjects is only the Providence and Protection of God and therefore you may save Money and disband your Guards and Armies To perswade Men to part with all other securities and to venture upon the most destructive Methods in confidence of the divine Protection is like the Devils Temptation to Christ to cast himself down from the Pinnacle of the Temple for it is written he shall give his Angels charge concerning thee and in their hands they shall bear thee up lest at any time thou dash thy foot against a stone 4. Mat. 6. I believe both Prince and People desire all the security they can and do not think it reasonable to part with one good security because they have another We have the Kings Word his Conscience his Honour and his Laws and thank God for all and implore the Protection of his Providence without which all other Securities are nothing and next to the Providence of God Laws are the best security because they are the Foundation of Conscience and Honour too and of all promises to govern by Laws for Conscience respects Laws and where there is no Law in the the case Conscience is not concern'd and can hinder nothing and to be sure the Honour of a Prince as well as Conscience is less concern'd when it is under no restraint of Laws He concludes this Pamphlet with some few Authorities for Liberty of Conscience I shall not now examine how pertinent they are for I will give no other Answer but this when he has answered all the Presbyterian Arguments against Toleration but especially that Book call'd Tolleration discus'd and the Arguments of Doctor Parker now the Right Reverend Bishop of Oxford in his Ecclesiastical Policy When he can prove that Liberty of Conscience is the Doctrine and Practise of the Church of Rome and the standing Rule of the Inquisition then I will consider further on this Argument In the mean time Sir I am Your most Obedient Servant FINIS Books lately printed for Richard Chiswell A Discourse concerning the Necessity of Reformation with respect to the Errors and Corruptions of the Church of Rome Quarto First and Second Parts A Discourse concerning the Celebration of Divine Service in an Unknown Tongue Quarto A Papist not Misrepresented by Protestants Quarto An Exposition of the Doctrine of the Church of England in the several Articles proposed by the late BISHOP of CONDOM in his Exposition of the Doctrine of the Catholick Church Quarto A Defence of the Exposition of the Doctrine of the CHVRCH of ENGLAND against the EXCEPTIONS of Monsieur de MEAVX late Bishop of Condom and his VINDICATOR Quarto An Answer to THREE PAPERS lately printed concerning the Authority of the Catholick Church in Matters of Faith and the Reformation of the Church of England Quarto A Vindication of the Answer to SOME LATE PAPERS concerning the Unity and Authority of the Catholick Church and Reformation of the Church of England Quarto An Historical Treatise written by an AUTHOR of the Communion of the CHVRCH of ROME touching TRANSVBSTANTIATION Wherein is made appear That according to the Principles of THAT CHVRCH This Doctrine cannot be an Article of Faith Quarto A CATECHISM explaining the Doctrine and Practices of the Church of Rome with an Answer thereunto By a Protestant of the Church of England 8vo The Law-Christian's Obligations to read the Holy Scriptures Quarto The Plain Man's Reply to the Catholick Missionaries 24o. The Protestant's Companion Or an Impartial Survey and Comparison of the Protestant Religion as by Law established with the main Doctrines of Popery Wherein is shewn that Popery is contrary to Scripture Primitive Fathers and Councils and that proved from Holy Writ the Writings 〈◊〉 the Ancient Fathers for several hundred Years and the Confession of the most Learned Papists themselves Quarto A Discourse of the Holy Eucharist in the two great points of the Real Presence and the Adoration of the Host In Answer to the Two Discourses lately printed at Oxford on this Subject To which is prefixed a large Historical Preface relating to the same Argument Quarto The Pillar and Ground of Truth A Treatise shewing that the Roman Church falsly claims to be That Church and the Pillar of That Truth mentioned by S. Paul in his First Epistle to Timothy Chap. III Vers 15. Quarto A Brief Discourse concerning the Notes of the Church with some reflections on Cardinal Bell rmin's Fifteen Notes Quarto whereof Ten are extant The rest will be Published in their order A Defence of the Confuter of Bellarmin's Second Note of the Church Antiquity against the Cavills of the A●…viser Quarto The Peoples Right to read the Holy Scriptures asserted In Answer to the 6th 7th 8th 9th and 10th Chapters of the Popish Representer Second Part Two Discourses Of Purgatory and Prayers for the Dead Quarto A Short Summ●ry of the Principal Controversies between the Church of England and the Church of Rome Being a Vindication of several Protestant Doctrines in Answer to a late Pamphlet intituled Protestancy destitute of Scripture-Proofs
the severities of the penal Laws whereby he may m●…st his clemency and goodness as well as his greatness and justice of graciously pardoning the ●maller Breaches of his Laws and the more capital offences which he might most justly punish For whoever denied this The King without doubt may not only pardon some smaller Fault but the greatest of Crimes but how this is to his purpose I still want to be inform'd And so I do as to what he quotes out of Doctor Puller's Book concerning The Moderation of the Church of England I● that Equity which consists in remitting of the rig●… of the Laws when they press too hard upon particular Persons or in supplying the defects of the said Laws where they provide not sufficiently for particular ●ases which is all Doctor Puller contends for be all that this Writer wou'd have what need he to have writ a book about it and confirm'd it with so many great Authorities when I don't know that in this he has an Adversary in the World if he have it is fit such a man if ever he stood in need of Clemency and Mercy shou'd never have it Who thinks the Court of Chancery an illegal Court and yet that is properly a Court of Equity It is one thing to moderate the rigour of Laws in favourable cases another to dispense universally with such Laws as if Doctor Puller's Book prove any thing are very moderate already and yet this may be the Prince's Prerogative resulting not from Moderation and Equity but a Plenitude of Power As for his Anonymous Author with whom he concludes I neither know him nor his Book and suppose the cause will not depend upon a single Authority Thus we have heard what the Reverend Prelates and Doctors of the Church of England have said of this matter in the next place he tells us what were the Reasons that induc'd the Reverend Judges in Westminster-Hall so openly and solemnly after mature deliberation to declare their Resolutions in this Point for the thing But I had much rather he had told us what their Resolution was how far they extended this dispensing Power whether to all Cases or only to some or to all or to some as the King at any time judges necessary for I have heard very different Accounts of the matter but cou'd never see any authentick Record of it To have inform'd us in this matter had been a real Kindness because 't is the Rule of our Actions of our Words and of our Writing too for when I once know what the Judges declare to be Law I will enquire no further their Opinions solemnly declar'd must silence all Disputes because they carry Power and Authority with them unless any superiour Authority think fit at any time to judge over their Opinions This makes it very necessary to know what the Judgment and Resolution of the Judges is especially in any great and concerning Points but as for their Reasons I am not so fond of knowing them because it is the Authority of the Men not of their Reasons which must determine such matters for Mankind reasoning so very differently as they do there never cou'd be any final Determination of such Cases if all men must be first satisfied in the validity of their Reasons And therefore I think this Writer has done no service to the Cause by making their Reasons the Subject of Dispute for tho' they may be very good Reasons yet it may be all men will not think so and then such men will be apt to be dissatisfied that a Judgment which as they think is not founded on sufficient Reasons shou'd have such great Authority For it is not enough to say as this Writer does That the Reasons they went upon were only such as were exactly correspondent with the avow'd Doctrines before recited and that by this Declaration of theirs the Law of the Kingdom of England concerning this Soveraign Power in the Crown is no more than what was before publickly asserted to be the Divinity of the Kindom For tho' the Divinity of the Kingdom is a great word and cannot be determin'd by a Jury of Divines who liv'd in different Ages and never spoke together about it nay indeed can never be determin'd by any single Divines tho' never so many and never so learned but only by the Authority of a Convocation or National Synod yet those who think the Reasons not good will like them never the better because some Divines have been of that mind when they can so out number as I said before the Church of England with Popish and Fanatick Divines who teach another Doctrine And besides this I doubt he puts it upon a very dangerous Issue For if after all his confidence and assurance other men shou'd not think that these Reasons do so exactly correspond with the avow'd Doctrines of the Bishops and Doctors of the Church of England that they have neither taught the same Doctrine nor us'd the same Reasons as possibly this Author by that time he has read thus far may see reason to suspect what then had he not better have let all this alone have not the Reverend Judges great reason to thank him for bringing their Judgment and Reasons to such a Test as they will not bear They need not the Authority of Divines to justifie their Determinations at Law and therefore it is at best over-officiousness and a lessening of their Authority to make such Appeals besides the folly and rashness of making such Appeals as will do no Service But suppose these were not the Judges Reasons how will he justifie himself for publishing these Reasons as theirs without their Authority which I dare boldly say he never had Nay I dare lay considerable odds that these were not their Reasons as he has worded and represented them and that for more Reasons than one Did all the Judges agree upon these Reasons and make a Record of them or has he seen them signed with all their Hands if not how does he know that these are their Reasons For a Bench of Judges may agree in their Conclusion when they differ in their Premises and Reasons And I will believe that they had other Reasons besides these here mentioned Possibly some such thing as this might be said in Court but I believe not as it is here reported and it is an Affront to Judges in such a weighty Point as this to declare their Reasons upon meer hear-say when it is so evident that of twenty men who hear the same thing searce two of them shall exactly agree in their Report so uncertain and variable a thing is Oral Tradition which how infallible soever it may be in Divinity is not so in Law But to let all this pass and to allow these Reasons to be very good for I will no more dispute any Reasons which are attributed to the Judges than I will dispute their Resolutions yet the question still remains Whether these Reasons are exactly the same with what