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A70766 Moderation a vertue, or, A vindication of the principles and practices of the moderate divines and laity of the Church of England represented in some late immoderate discourses, under the nick-names of Grindalizers and Trimmers / by a lover of moderation, resident upon his cure ; with an appendix, demonstrating that parish-churches are no conventicles ... in answer to a late pamphlet entitled, Parish-churches turned into conventicles, &c. Owen, John, 1616-1683. 1683 (1683) Wing O772; ESTC R11763 76,397 90

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Worship shall be bound to say and use the Morning and Evening Prayer Administration of both Sacraments and all other publick Prayers in such Order and Form as is mentioned in the said Book and that Morning and Evening Prayers be openly and solemnly read Here are only general Words enjoyning the use of the Book but not the exact constant strict use of it at all times and of every thing therein wich our kind and merciful Friend would impose upon us as the true and genuine Sence And our Promise in the Declaration against taking Arms against the King And that I will conform to the Liturgy of the Church of England as it is now established is also a general Promise and who but the Law-givers can make the meaning of it to be an exact strict constant close Conformity which I question whether any Man ever did at all times no not the Preacher himself perform but might disconform by over-doing There is another general Word we consent to the Vse of all things but exactly strictly constantly must be the Addition of him who hath no Authority either to add or interpret it being a Rule in the Law Interpretatio ad eum spectat qui condere potest Philip Decius de Regulis Juris To conclude this Particular I make bold to ask any Man 1. Did the Law-givers foresee all Accidents that might happen and conclude all Occurrences of Providence within their fore-sight and to make an invariable Rule for all particular Times and Occasions I believe none of our Law-givers will say so for they know they are but Men. No Law-makers being Men can foresee or set down all Cases that may happen saith Mr. Perkins of Christian Equity 2. Did they foresee that some Ministers cannot maintain Curats or Readers to help them that many Parishes cannot maintain or have not a Minister entire to themselves that we have not Organs to make the Service easy and delightful as some have That in some Countrys Parishes are of a large Extent and the People cannot come together so early as in London and Market-Towns that Catechising and Preaching must take up time and foreseeing the Weakness and Age of Ministers that must do all themselves that many Offices of Baptizing Churching Burying which I have known all to be performed at one Assembly and yet require a strict exact constant Duty of reading all and every word Did they foresee that if the Word be not constantly and duly preached the greatest part of our People will not come to Church some thinking they may be idle and lazy as well as their Ministers and others will go where they may hear and profit and for all this did they require a strict constant exact Conformity of Ministers notwithstanding Age and Infirmities to read perform all Offices and preach besides I will have Mercy and not Sacrifice saith God but what say such hard Masters as these 3. Did the Law-givers foresee that in great and crouded Churches it is either impossible or inconvenient and indecent where the Fashion is for Men and Women to sit promiscuously in Pews for all to kneel at Prayer and yet enjoyn them to kneel at the Confession Absolution and Lord's Prayer c. Did they foresee that Deacons do baptize and yet say in the Margin of that Book Here let the Priest make the sign of the Cross If there be no Equity of Construction a Deacon cannot lawfully use the Cross in Baptism 4. Did they foresee the Resolution of the Dissenters to persist the great Danger to the Protestant Religion by our Divisions and Penal Prosecutions of them of which the Papists have made great Advantage and for all this enjoin a strict constant Conformity or Excommunications and Writs de capiendo c. I might add more Queries but I proceed to his Reserve This Reverend Man thought there was strength enough in his main Body of Arguments to bear down the whole Force of the feeble moderate Party But to make all sure he hath placed two Reserves the Power of the King in his Declaration to stand to the Act of Uniformity Anno 1662. and the other the Power of the House of Commons Vote of Feb. 15. 1662. to grant no Indulgence to the Dissenters from the Act of Uniformity Now against this Reserve we are not afraid to come out with as great an Authority as he argues under and we think we have the better because it is a later and the fruit of twelve Years Experience See the King's Declaration of Indulgence of March 15. 1672. And against the Vote of the Commons of Feb. 15. 1662. we will oppose more than one Vote even a Bill brought into the House of Lords from the Commons in Favour of Protestant Dissenters After that his Majesty had cancelled his Declaration of Indulgence which Bill had certainly passed but for want of Time the Parliament being prorogued till October 27. 1673 before it passed the Lords as it certainly would have done the Bishops then joyning with the Temporal Lords and were willing to take away the Assent and Consent and Renunciation of the Covenant A Bill in 1673. in favour of Protestant Dissenters is of greater Authority and we suppose built upon greater Reasons than a Vote against Indulgence in 1662. We might tell you of a Bill for uniting Protestant Dissenters read December 21. 1680. and other Votes but it shall suffice to have overmatched a Vote of that same House of Commons in its younger days 1662. by a Bill of the same House in its riper Age 1673. And now if I thought this arguing but in this point unconvincing Preacher could answer me I would intreat his Favour to ask him whether the Law-givers of this Act did foresee and provide against a Change of their own Thoughts and Resolutions in reference to this very Case And then whether we are to take the sence and meaning of the Law-giver from his first or from his last and maturest Thoughts and Declaration But if they had remained unaltered the Words of the Act and our Declaration and Subscription being general and not limited by any after-Declaration of the same Power for a rigid Construction we are inclined to interpret them with the Equity and Moderation of a known Rule of Law Benignior Interpretatio semper capienda est I have now done what I designed and taking the defensive Part I shall not pursue the Learned Preacher through the rest of this branch of the Use wherein he speaks more of himself than he doth to his Auditory of any Duty that concerns them but had rather follow him a thousand Paces in the Practice of the Christian Duty of honest Moderation than give him one Contradiction And I do again profess that I am extreamly sorry there is so much matter of just Offence given in a Sermon and from such Deductions of Application more suited to the Times than the Text wherein two sorts of Men are marked with a black Coal the profest Dissenter and the