Jurisdiction Censure or Coertion which they might not by Law have done before the Year of our Lord 1639. 2 Nor to Abridge or Diminish the Kings Majesties Supremacy in Ecclesiastical Matters and Affairs nor to confirm the Canons made in the Year 1640. nor any of them nor any other Ecclesiastical Laws or Canons not formerly Confirmed Allowed or Enacted by Parliament or by the Established Laws of the Land as they stood in the Year of our Lord 1639. From the Title of the Act and the Act it self considered I gather First That it is an Explanatory Act of the 17. of Car. 1. as to one particular Branch of it and not introductive of any new Law. Secondly That the occasion of making it was not from any doubt that did arise Whether the High-Commission Court were taken away or Whether the Crown had power to Erect any such-like Court for the future but from a doubt that was made that all ordinary Power of Coertion and proceedings in Causes Ecclesiastical was taken away whereby Justice in Ecclesiastical Matters was obstructed and this doubt did arise from a Clause in 17 Car. 1. ca. 11. Sect. 4. herein mentioned to be recited in the said Act of 13 Car. 2. ca. 12. Thirdly That this Statute of 13 Car. 2. ca. 12. as appears upon the face of it was made to the intent the ordinary Jurisdiction which the Bishops and other Ecclesiastical persons had always exercised under the Crown might not be infringed but not to restore to the Crown the power of Delagating the Exercise of Ecclesiastical Jurisdiction by Letters Patents to Lay persons or any others and as to this nothing can be plainer than the words of the Act it self Sect. 2. Whereby 17 Car. 1. is repealed but takes particular care to except what concerned the High-Commission Court or the new erection of some such Court by Commission Neither did the Law-makers think this Exception in that Statute of 13 Car. 2. ca. 12. Sect. 2. to be sufficient but to put the matter out of all doubt in the Third Section of the same Statute It is provided and Enacted That neither that Act nor any thing therein contained should extend or be construed to revive or give force to the Branch of 1 Eliz. 1. Sect. 18. but that the same Branch should stand absolutely Repealed And if so then the power of the Crown to delegate the Exercise of Ecclesiastical Jurisdiction is wholly taken away for it was vested in the Crown by 1 Eliz. 1. and taken away by 17 Car. 1. ca. 11. and is in no manner restored by 13 Car. 2. 12. or any other But there may arise an Objection from the words in the Statute of 13 Car. 2. ca. 12. that saith That that Act shall not extend to abridge or diminish the Kings Majesties Supremacy in Ecclesiastical Matters and Affairs Whence some Men would gather That the same Power still remains in the Crown that was in it before 17 Car. 1. ca. 11. To which Objection I give this Answer That every Law is to be so constructed that it may not be Felo de se and that for the honour of the Legislators King Lords and Commons Now I would appeal to the Gentlemen themselves that assert this Doctrine Whether they can so construct the Act of 13 Car. 2. ca. 12. as they pretend to do without offering violence to their own Reason For when the 1 Car. 1. ca. 11. had absolutely Repealed the Branch of 1. Eliz. 1. that vested the power in the Crown of Delegating the Exercise of Ecclesiastical Jurisdiction and Enacts That no such Commission shall be for the future and the Act of 13 Car. 2. ca. 12. Repeals the 17 Car. â—… ca. 12. except what relates to that particular Branch there can no more of the King's Supremacy in Ecclesiastical Matters and Affairs be saved by the saving in the 13 Car. 2. ca. â—… but what was left in the Crown by 17 Car. â—… ca. 11. And now I hope I have sufficiently evinced That all the Proceedings before the Ecclesiastical Commissioners are CORAM NON â—… and therefore have sufficient Reason to â—… That the same would never have been set on â—… by his present Majesty who had always the Character of JAMES the Just and hath â—… upon his Royal Word That he will invade â—… Mans Property had he not been Advised there unto by them who are better versed in the Canon of the Church of ROME than in the Laws that relate to the CROWN and CHURCH of ENGLAND A LETTER of several French Ministers Fled into Germany upon the account of the PERSECUTION in France to such of their Brethren in England as approved the Kings Declaration touching Liberty of Conscience Translated from the Original in French. ALtho' in our present Dispersion most dear and honoured Brethren it has pleased the Providence of God to conduct us into places very distant from one another Yet that Union which ought always to continue betwixt us obliges us to declare our sense to one another with a Christian and Brotherly Freedom upon all occasions that may present themselves to us so to â—… 'T is this makes us hope that you will not take â—… amiss of us if at this time we deliver our Opinion to you touching the Affairs of England in matter of Religion and with reference to that Conduct which you have observed therein We ought not to conceal it from you â—… greatest part of the Protestants of Europe have been extreamly scandalized to understand that certain among you after the example of many of the Dissenters have Addressed to the King of England upon the account of his Declaration by which he â—… granted Liberty of Conscience to the No-nconformists And that some others who had already ranked themselves under the Episcopal Communion nevertheless published the said Declaration in their Churches and this at a time when almost all the Bishops themselves with so much Firmness â—… Courage refused to do it If we may be permitted to tell you freely what â—… Opinion is concerning the conduct of the Bishops and of the Dissenters in this conjuncture we shall make no difficulty to pronounce in favour of the former We look upon it that they have exceedingly well answered the Duty of their Charge whilst despising their own private Interest they have so worthily supported that of the Protestant Religion Whereas the others for want of considering these things as they ought to have done have given up the interest of their Religion to their own particular advantages It is not out of any complement to the Bishops which less out of any enmity to the Dissenters that we make such different judgments concerning them We know well enough how to commend â—… blame what seems to us to deserve our Praise â—… our Censure both in the one and in the other We do not at all approve the conduct of the Bishops towards the Dissenters under the last Reign And altho' we do not any more
wherewith he is intrusted to the destruction of the most considerable Party in it Far be it from us to think it was His Majesties Intentions to depopulate a flourishing Country to undo multitudes of laborious thriving Families in it to diminish and destroy his own Revenue to put the Sword into Mad-mens hands who are sworn Enemies to the British No! His Majesty who is willing that liberty of Trade as well as Conscience should equally flourish in all parts of his Dominions that recommends himself to his Subjects by his impartiality in distributing Offices of Trust and from that practice raises his greatest Argument to move his people to Repeal the Penal Laws never intended that some general Commands of his should be perverted to the destruction of that people his intention is to protect His Majesty Great as he is cannot have two Consciences one calculated for the Latitude of England another for Ireland We ought therefore to conclude in respect to the King. that His Commands have been ill understood and worse executed and this may be done as our Author confesses and the King undoubtedly obeyed but such an Obedience is no better than a Sacrifice of the best Subjects the King has in this Kingdom Our Author has given very good Reasons why the Natives may be well content with their present Governour but I cannot forbear laughing at those he has found out to satisfie the poor British with My Lord Tyrconnel's most Excellent Charitable English Lady His high sounding Name â—… in great Letters a Name that no less frightens â—… Poor English in Ireland then it once â—…â—… French a Name which because he is in possession of I will not dispute his Title to but I have been credibly informed that he has no relation to the most Noble Family of Shrewsbury though â—… Lord Tyrconnel presumes to bear the same Cost â—… Arms a Name in short which I hope in â—… â—… â—…â—… A Second Reason is drawn from his Education We have heard and it has never yet been contradicted that my Lord Tyrconnel from his Youth â—… has constantly born Arms against the British If our Author will assure us of the contrary I â—… apt to believe his Excellency will give him no â—… who lays the foundation of his Merit upon the â—… of his constant adherence to the Irish Party â—… use of Consolation can be drawn from this head â—… the British is beyond my skill to comprehend A third Reason is drawn from his Stake in England the Author would do well to shew us in what Country this lies that we may know where to find Reprisals hereafter for since he offers this for our Security 't is fit to enquire into the Title and Value of the Land before we give so valuable a Consideration Thus this great heap of substantial Reasons together with a large Panegyrick upon his Excellency's fair Face and good Shapes telling us by the by now he was not kill'd at Drogheda because he run away is enough and more than enough to demonstrate that the British have not the least cause to be dejected because they are sufficiently secure But I will agree with the Author in this That he seems to have been reserved by Heaven against the most critical occasion that should happen in this Age reserv'd as one of the Vials of God's Wrath to plague the People 'T is well known Self-preservation is allowed by God and Man and sines he tells us we are â—… People of a contrary Inurest he gives us right to provide for our selves and our Families as well as we may t is like a generous Aggressor first he declares who are his Enemies then gives them warning to put themselves into a posture of Defence We are beholding to him soo this hint and â—… hope shall make the right use of it 'T is below â—… to take notice of the â—… of the Expression of an honest Man's losing his Head in a â—… and the nonscence of the other The most men bite at the stone c. Dogs indeed â—… to do so with us but this is only to let the World know what Country man our Author is â—… it may be 't is the custom here for these Men to â—… these more rational Creatures Our Author seems sensible that many hard things â—… been done which occasioned Clamours â—… the present Governour though I think our Grievances how intolerable soever have been â—… more silently then any Peoples since the Creation since I do not remember any one Pamphlet â—… hitherto come out to represent them ours â—… of that nature as â—… as and takes away â—… use of the Tongue and Pen Cura lives â—… â—… stupent I say he is not willing this â—… of Calumny should rest on my Lord Tyrconnel â—… casts it all on His Majesty imagining that the â—… we beat and justly to our King ought â—… tender us â—…-â—… in relation to the Male-â—… of his Minister But I have â—… shewn how the King's Orders may be stretch'd â—… perverted The very best and most cautiously â—… Laws have a double edge and if the Executive Power be lodg'd in ill Hands have the worst Effect even to the Punishment of Well-doers and the Encouragement of them that do Ill and I question not in the least but this is our Case and as little doubt that our Grievances would be redress'd did not one of His Majesties most Eminent Virtues interpose between us and His Grace I mean his Constancy to his old Servants and our Condition is so much the more deplorable that His Majesty cannot be a Father of His Country without seeming to desert His Minister but 't is to be hoped that at long running the Groans of a distressed Nation will prevail over all private Considerations Whether the Employment His Majesty has given my Lord Tyrconnel has not prov'd the occasion of the Augmentation of his Fortune as our Author insinuates it has not shall neither prove the subject of this Discourse nor object of our Envy I shall only say if the report be true that my Lord owes all his Estate to the King's bounty 't is ungratefully done to rob His Majesty of the Honour and Thanks due to him by denying it much less is it our business to find fault with the advancement of five Relations In this point Authors differ for some speak 55 at least If there had not been the greatest Partiality in the World shewed we should never have open'd our mouths if in an Army of about 9000 English Officers and Souldiers there be not 200 left in a Country where the English have so much cause to fear and those turn'd out for the most part without any cause assign'd after the most ignominious disgraceful manner imaginable stript naked in the Field their Horses Boots Buff-coats c. taken from them giving them Bills to receive so much Money in Dublin as â—…â—… half the value of their Equipage and â—… without Charge and Attendance have â—… reason to fear
making of Laws which shall Authorize the Deisying a bit of Bread the Worshipping of it for a God the Praying to it Idolatry Blasphemy any thing in the World for them that like it Now is not this a very fair Speech and does it not well become the mouths of Protestants I would fain press this home upon the Consciences both of those Dissenters who are hired and of those who are not hired to labour the Repeal of our Laws Do you fear the Informers more than God Will you for the sake of your little Conventicles do the greatest Evils which you know to be such You know in your very Hearts that the Worship of Images Crosses and of a Wafer is abominable Idolatry that the Half-Communion is Sacriledge and that many other Points of Popery are blasphemous Fables And will you set up this for one of your Religions as by Law Established Will you do all that hands can do to entail Idolatry upon the Nation not only Removendo prohibens as Divines distinguish by pulling down the Laws which hinder it but also Promovendo adjuvans by making a perpetual Magna Charta for it The Laws and Constitution of a Country do denominate that Country if Atheism were Authorized by Law this would be an Athiestical Nation and if Idolatry be set up by Law it is an Idolatrous Nation and all that have any hand in it make it the Sin of the Nation as well as their own Think therefore of these things in time before you have involved both your selves and your Country in a miserable Estate and remember poor Francis Spira who went against Light. But Secondly There is just as much Prudence as Conscience in these Proceedings for by Repealing the Laws against Popery you Reverse the Outlawry and take of those legal Disabilities which the Papists now lie under and which have hitherto tied their Hands from destroying Hereticks When Papists shall be right Justices and Sheriffs and not Counterseits when they shall be Probi legales homines and pass Muster in Law when they shall be both our legal Judges and our lawful Juries and when Protestants shall come to be Tryed by their Country that is to say by their Twelve Popish Godfathers they may easily know what sort of Blessing they are to expect The Papists want nothing but these Advantages to make a fair riddance of all Protestants for we see by several of their late Pamphlets that if any thing be said against Popery they have a great dexterity in laying it Treason Now this is a civil way of answering Arguments for which we are bound to thank them because it so plainly discovers what they would be at if it were in their Power But how comes it to be Treason to speak against a Religion which is itself High-Treason and is Proscribed by so many Laws Why their Medium is this That Popery is the King's Religion and therefore by an Inuendo what is said against that is meant against him But is there any Law of England that Popery shall be the King's Religion Or is it declared by any Law that Popery either is or can be his Religion On the other hand we are enabled by an Act in this very Reign to pronounce Popery to be a False Religion and to assert the Religion which is now professed in the Church of England and Established by the Laws of this Realm to be the True Christian Religion Act for building St. Ann's Church p. 133. But these Gentlemen it seems are for Hanging Men without Law or against Law or any how and therefore we thank them again for being thus plain with us before hand Now if they be thus insolent when they are so very abnoxious themselves and have Halters about their own Necks with what a Rod of Iron will they Rule us when they are our Masters What havock will they then make of the Nation when we already see Magdalen Colledge which was lately a flourishing Society of Protestants now made a Den of Jesuits and that done to in such a way as shakes all the Property in England Or who can be safe after our Laws are Repealed when Endeavours have been lately used to extract Sedition even out of Prayers and Tears and the Bishops Humble Petition was threatned to be made a Treasonable Libel But here the Dissenters have a plausible excuse for themselves for say they We have now an opportunity of getting the Laws which are against us Repealed which is clear gain and as for our refusing to Repeal the Laws against Popery there is nothing gotten by that either to us or to any body else for they are already as good as Repealed by the Dispensing Power and therefore such Discourse as this only advises us to stand in our own light without doing any good to the Nation at all for there will be Popish Justices Sheriffs Judges and Juries whether we will or no for whatsoever we refuse to do the Dispensing Power will supply To which I answer Do you keep your hands off from Repealing the Laws let who will contravene or Transgress them for then you are free from the Blood of all Men you have no share in the guilt of those Mischiefs which befal your Country which would sooner or later be a heavy burden and a dead weight upon the Conscience of any Protestant But besides let the Laws alone and they will defend both themselves and us too for if the Law says That a Papist shall not nor cannot have an Office then he shall not nor cannot for who can speak Louder than the Laws As for a Dispensing-Power inherent in the King which can set aside as many of the Laws of the Land as he pleases and Suspend the Force and Obligation of them which has been lately held forth by many False and Unlawful Pamphlets the Dissenters know very well that there is no such thing but that no body may pretend Ignorance I shall here prove in very few words That by the Established Laws of the Land the King cannot have such a dispensing-Dispensing-Power unless Dispensing with the Laws and Executing the Laws be the same thing and unless both keeping the Laws himself and causing them to be kept by all others be the English of Dispensing with them For in the Statute of Provisors 25 Eaw 3. c. 25. we have this laid down for Law That the King is bound to Execute those Statutes which are Unrepealed and to cause them to be kept as the Law of this Realm The words are these speaking of a Statute made in the time of Edward the First Which Statute holdeth always his Force and was never Defeated or Annull'd in any point And by somuch our Sovereign Lord the King is bound by his Oath to do the same to be kept as the Law of this Realm although by Sufferance and Negligence it hath since been attempted to the contrary So that the Coronation Oath and the dispensing-Dispensing-Power are here by King Edward the Third and his
Parliament Declared to be utterly Inconsistent Now the Coronation-Oath is a Fundamental Law of this Kingdom for it is antecedent to the Oath of Allegiance Accordingly if you look upon the Coronation-Oath in the Parliament-Roll 1 H. 4. you shall there find that in the third Branch of it the King Grants and Promises upon his Oath That the Laws shall be kept and protected by him secundum Vires suas to the utmost of his Power and therefore he has no Power lest him to Dispense withal By which it appears that those men are the wretched Enemies both of the King and Kingdom who would fain perswade the King that he has this dispensing-Dispensing-Power because therein they endeavour to perswade him that Perjury is his Prerogative Heretofore in Trisilian's time some of the Oracles of the Law were consulted Whether it could stand with the Law of the Kingdom that the King might Obviatt and Withstand the Ordinances concerning the King and the Kingdom which were made in the last Parliament by the Peers and Commons of the Realm with the King's Assent though as the Courtiers said forced in that behalf And they made Answer That the King might Annul such Ordinances and Change them at his pleasure into a better fashion because he was above the Laws Knyghton Col. 2693. Now this was very False Law as those Judges found afterwards to their Cost and it was grounded on the worst Reason that could be For they must needs know from all their Books and from the Mirror in particular p. 282. That the first and Sovereign Abusion of the Law that is the chief Contrariety and Repugnency of it is for the King to be Above the Law whereas he ought to be Subject to it as is contained in his Oath Neither could they be ignorant of that Argument which the Peers used to shew the Absurdity of such a Supposition it is recorded in the Annals of Rurton set forth as I take it by Mr. Obadiah Walker Si Rex est supra Legem tunc est extra Legem Num Rex Angliae est Exlex If the King be above the Law then he is without the Law. What! is the King of England an Outlaw And as for the words of Bracton they were too plain either to need a Comment or Translation Rex habet Superiorem Deum item Legem per quam sactus est Rex item Curiam suam seil Comites Baronts As likewise those other words of his Ubi Voluntas Imperat non Lex ibi non est Rex Where he makes it the very Essence of our King to Govern according to Law. Having therefore shewn that the Laws are always in full Force till they are Revoked by the same Authority which made them and that all Persons whatsoever bound to the Laws and that the Laws themselves were never in Bondage to any Man we know from thence what we are to conclude concerning those Papists who pretend to be in Office in Desiance to the Laws We had once a mischievous Distinction of Sheriffs de Jure and Sheriffs de Facto But those who pretend to be in Office without taking the TEST are no Officers either in Right or in Fact for the 25 Car. 2. says That their Offices are ipso facto void and then those Officers are ipso facto no Officers and can do us no more hurt than if they were under Ground and therefore we need not trouble our Heads about them though they may in all likelihood fall under the Care and Consideration of a Parliament After all some persons may possibly be so far deluded as to think there is somewhat of Equity in the Toleration of Papists and that it is the Christian Rule Of doing as one would be done by Now for any Papist to plead this Rule of Equity himself or any body else in his behalf is just as if a High-way Man should thus urge it upon his Judge My Lord if you hang me you break the Golden Rule for I am sure you are not willing to be so served yourself nor to hang with me Now the Equity of the Judge in this case does not lye either in forbearing to punish the Offender or in Hanging with him for Company but in being content to submit to the same Law if he himself should commit the same Crime And so are we willing to lye under all the Penal Laws whenever we turn Papists And therefore no body can tax us with want of Equity because we do no otherways to the Papists than we are willing to be done by in the same case But it may be said that our Conscience does not serve us to be Papists though theirs does Neither does the Judge's Conscience serve him to rob though it seems the High-way Man 's did and therefore take heed of Liberty of Conscience Still it may be further replied That this is properly a Judicial Cause because Robbery is a breach of the Peace and of Property and therefore ought to be Punished whereas the worship and Service of God according to a Man's Conscience though it be amiss yet it ought not to be punished by Hamane Laws but is to be reserved to the Judgment of God alone who is Lord of Conscience Now this is the New Doctrine which I shall prove to be False by positive and express Scripture For Job says Chap. 31. Ver. 28. That is his Heart had been secretly perswaded and he had thereupon kissed his Hand to the Sun or Moon This were an Iniquity to be punished by the Judge because he had therein Lyed against the God above So that though a Man's Heart and Conscience lead him to Idolatry yet Job tells us this is inditable it is Avon Pelili a Judicial Crime and as Punishable by Humane Laws as Adultry with another Man's Wise is as you have it in the same Phrase in the 11th Verse of the same Chapter The Second Instance of a Punishable Conscience in the Service of God is that which our Saviour gives us John 16. 2. Yea the time cometh that whosoever killeth you will think he doth God service Now I would sain know whether such a Conscience as this ought not to be Restrained and Punished And whether it be Sacriledge for Humane Laws to controul Conscience I mean such a one as Kills and Murders for God's sake And I ask again Whether there be no Consciences of this Stamp now in the World And whether there has not been an Holy Inquisition Religious Crusadoes and Meritorious Massacres to extirpate Hereticks and abundance of this Divine Service in the Church of Rome Whether they have not offered up whole Hecatombs of these Sacrifices in most Countries And whether a Neighbouring Prince has not been highly extolled and had all his most Christian Titles double Gilt with the Flatteries of his Clergy for the late Merit of his Religious Service in this kind And therefore if men will do things in order let them first send for a breed of Irish Wolves and
remarkable that that bloody Commission is founded on the King 's Absolute Power and his Zeal for Religion This is the only Edict that I know in which a King has pretended to Absolute Power before the two Declarations for Scotland in the year 1687. so whether they who penned them took their pattern from this I cannot determin it I could carry this view of History much further to shew in many more Instances how little Protestants can depend on the Faith of Roman Catholicks and that their condition is so much the worse the more pious that their Princes are As for what may be objected to all this from the present State of some Principalities or Towns in Germany or of the Switsirs and Grisons it is to be considered that in some of these want of Power in the Roman Catholioks to do mischief and the other Circumstances of their affairs are visibly the only Securities of the Protestants and whensoever this Nation departs from that and gives up the Laws it is no hard thing to guess how short-lived the Liberty of Conscience even though seiled into a Magna Charta would be V. All that our Author says upon the General Subject of Liberty of Conscience is only a severe Libel upon that Church whose Principles and Practices are so contrary to it But the proposition lately made has put an end to all this dispute since by an Offer of Repealing the Penal Laws reserving only those of the Test and such others as secure the Protestant Religion the question is now no more which Religion must be tolerated but which Religion must Reign and prevail All that is here offered in opposition to that is that by this means such a number of persons must be ruined pag. 64. which is as severe a way of forcing People to change their Religion as the way of Dragoons I will not examine the particulars of this matter but must express my joy to find that all the difficulty which is in our way to a happy quiet is the supplying such a number of men with the means of their subsistence which by the execution of the Law for the Test must be taken from them This by all that I can learn will not come to near an hundred thousand pound a year and indeed the supplying of those of the King's Religion that want it is a piece of Charity and Bounty so worthy of him that I do not know a man that would envy them the double of this in Pensions and if such a Sum would a little charge the King's Revenue I dare say when the settlement of the Nation is brought to that single point there would not be one Negative found in either House of Parliament for the Reimbursing the King. So far are we from desiring either the Destruction or even the Poverty of these that perhaps wait only for all occasion to burn us I will add one bold thing further That though I will be no Undertaker for what a Parliament may do yet I am confident that all Men are so far from any desire of Revenge but most of all that the Heroical Minds of the next Successors are above it that if an Indemnity for that bold Violation of the Law that hath been of late both Practised and Authorised amongst us would procure a full settlement even this could be obtained Though an impunity after such Transgressions is perhaps too great an Encouragement to offend for the future But since it is the Preservation of the Nation and not the Ruine of any Party in it that is aimed at the hardiness of this Proposition will I hope be forgiven me It is urg'd pag. 63. That according to the Dutch Pattern at least the Roman Catholicks may have a share in Military Employments but the difference between our Case and theirs is clear since some Roman Catholick Officers where the Government is wholly in the hands of the Protestants cannot be of such dangerous consequence as it must needs be under a King that is not only of that perswasion but is become nearly allied to the Society as the Liege Letter tells us VI. It is true our Author would perswade that the King 's Dispensing Power hath already put an end to this Dispute and that therefore it is a seeming sort of Perjury see pag. 48. to keep the Justices of Peace still under an Oath of executing those Laws which they must consider no more Some Precedents are brought from former times p. 22 23 24. of our King 's using the Dispensing Power in Edward 3d Richard 2d Henry 7th Henry 8th Edward 6th and Queen Elizabeth's time It is very true that the Laws have been of late broke through amongst us with a very high hand but it is a little too dangerous to upbraid the Justices of Peace with their Oaths lest this oblige them to reflect on so Sacred an Engagement For the worthy Members of Magdalen Colledge are not the only Persons in England who will make Conscience of observing their Oaths So that if others are brought to reflect too much upon what they do our Author's officiousness in suggesting this to them may prove to be no acceptable piece of Service I will not examine all his Precedents we are to be govern'd by Law and not by some of the Excesses of Government nor is the latter end of Edward the Third a time to be much imitated and of all the parts of the English History Richard the Second's Reign should be least mentioned since those Excesses of his produced so Tragical a Conclusion as the loss of his Crown and Life Henry the Sixth's seeble and embroyled Reign will scarce support an Argument And if there were some Excesses in Henry the Eighth's time which is ordinary in all great Revolutions he got all these to be either warranted or afterwards to be confirmed in Parliament And Queen Elizabeth's power in Ecclesiastical Matters was founded on a special Act of Parliament which was in a great measure Repealed in 1641 and that Repeal was again ratified by another Act in the late King's time We are often told of the late King's Acts concerning Carts and Waggons but all Lawyers know some Laws are understood to be abrogated without a special Repeal when some visible inconvenience inforces it such as appeared in that mistaken Act concerning Waggons So the King in that Case only declared the inconvenience which made that Law to be of itself null because it was impracticable It is true the Parliament never question'd this A Man would not be offended if another pulled up a Flower in his Garden that yet would take it iil if he broke his Hedge And in Holland to which our Author's Pen leads him often when a River changes its course any Man may break the Dyke that was made to resist yet that will be no Warrant to go and break the Dyke that resists the Current of the same River So if a Dispensing Power well applyed to smaller Offences has been past
be overstrained And yet it is such a Complement as they need not For we see they are qualified by the Dispensing Power without the Repeal of the Test which hath made me often wonder why they are so zealous to have it repealed Do they still question the Kings Dispensing Power And desire some better security Let them say so then and give up that point and then we 'll talk with them about repealing the Test but there is no need of repealing this Law since the King it seems hath power to dispense with it in his Reign and they are very sanguine men if they hope to have any occasion for it in another And if after all their boasts of a Dispensing Power the Law still keeps them in awe can it be the interest of Protestants to take off these restraints Are they not insolent enough already while these threatning Laws hang over their heads Or do we hope that their modesty and good Nature will increase with their Power For my part I desire that all men whom I fear may lie under a legal incapacity for though their Force and Power may be the same yet there is some difference in point of Authority and Self-defence II. There are many things which would make a wise man suspect that there is some farther Design than Liberty of Conscience in all this zeal for repealing the Penal Laws and Test. For it would be very surprising to find a Roman Catholick Prince whose Conscience is directed by a Jesuit to be really zealous for Liberty of Conscience to see so many Popish Pens imploy'd in pleading for Liberty of Conscience and declaiming against Sanguinary Laws when all the World knows what Opinion the Church of Rome has about Liberty of Conscience what great friends the Jesuits are to it how they abhor persecuting men for their Religion witness the mild and gentle usage of the French Protestants by a King whose Conscience is directed by a tender-hearted Jesuit And if a Princes zeal for his Religion be much greater than for Liberty of Conscience it would make one suspect that his chief design is to serve his Religion by it and this is no new invention but as old as the days of the Apostate Julian when the same method was taken to reinforce Paganism by Liberty of Conscience This was the last effort of dying Paganism may it be so of Popery too We know there was no talk of Liberty of Conscience till the Nobility and Gentry of the Church of England refused to take off the Test and then there was no other way left but to buy off the Penal Laws and Test with Liberty of Conscience which demonstrates that Liberty of Conscience is not the last End but only a Means in order to some further End and the Means is seldom valued when the End is obtained Men who can offer so much violence to their own Nature and the Principles of their Religion as to grant Liberty of Conscience which of all things they hate to procure a Repeal of the Test and Penal Laws when that is done can easily find some occasion to pretend a forfeiture of this Liberty and to salve their Conscience and Honour together Penal Laws to keep men from damning themselves will be thought more merciful than Liberty of Conscience and the softness and tenderness of Nature must give place to a Bigottry in Religion and then we shall in vain wish for our old Penal Laws and Test again when we feel the more terrible smart of new ones Though it be told us that it hath always been his Majesties Persuasion that Conscience ought not to be forced I think that is no security because though this has always been his Principle yet it hath not always operated We know whose hand was most concern'd both in making and executing Penal Laws in the last Reign and if our Dissenters suffer'd so much then as they now complain of they know what they may suffer again notwithstanding these Principles for Liberty of Conscience for the same Principles obtain'd then as do now Upon the last withdrawing into Scotland notwithstanding those Principles the poor Scotch felt the severity of those Penal Laws with a witness and methinks it is not safe trusiing to such Principles as so often act by way of Antiparistasis and produce Effects quite contrary to their own Natures and however the Church of Rome may indulge such Principles now they are convenient to serve a present turn if the Scene ever alter this private Conscience will be thought as great Heresie as a private Judgment and whosoever now may own it must then be guided by the publick Conscience of the Church as well as by their Faith. There are so many surprising Circumstances in this whole matter as cannot but amaze a thinking Man that so fierce a Zeal should be now kindled for a Liberty of Conscience that a Liberty of Judgment will not be allowed but who ever will not concur in this Opinion must undergo the high displeasure whereas there can be no Liberty of Conscience without Liberty of Judgment And to be mortally angry with every man who is not of my Opinion is no good Preface to granting every Man a Liberty to think and act as he pleases If a Potentate should be so Zealous for Liberty of Conscience as to change all his old Antipathies and Friendships to receive his profess'd Enemies and Rebels into his bosom and cast off his tryed and Experienced Friends that he should forget all injuries and all kindnesses together this would be such an effect of a great passion for Liberty of Conscience as was never known before and when Causes do not work naturally we suspect some preternatural ingredients mixed with them That a Zeal against the Test and Penal Laws should be made a Test to the whole Nation and that not without severe Penalties too viz. The forfeiture of our Princes favour of all Places of Trust and Honour and incapacity to serve in Parliaments if they can prevent it or to be Members of any little Corporation That for the sake of Liberty of Conscience the whole Clergy must be forced to publish the Declaration though they declare it to be against their Consciences That the Archbishop and six of his Suffragans must be sent to the Tower for Petitioning for their own Liberty of Conscience and whither they must have gone next God knows unless they had been rescu'd by an Honest Jury That all those who did not read the Declaration are still threatned with Suspensions and Deprivatious Archdeacons and Chancellors commanded to turn Informers though almost all of them must inform against themselves for not reading or not sending the Declaration and all this while the Laws are on their side It is like to be a very terrible Liberty of Conscience when it is grown up into the Maturity and strength of a Law which like another Hercules can strangle all Laws and Liberties in its Cradle These things make me
from the Bishops than that they have in part retained in their Government and Ceremonies the Exteriors of that Religion should now themselves joyn to bring it intirely in But above all Who could have believed that the French Ministers who after having experimented all the Fury of Popery in France were at last banished rather than that they would subscribe to its Errors and Abuses And for this very cause fled into England that they might there more freely profess the Protestant Religion should now contribute to re-establish Popery in their new Country where they had been received by their Brethren with so singular a Charity Would you indeed Gentlemen see England once more submitted to the Tyranny of the Pope whose Yoke it so happily threw off in the last Age Would you there see all those monstrous Doctrines all those Superstitions and that horrible Idolatry which reigned there before the Reformation domineer once more in it Would you that the People should again hear the Pulpits and the Churches sounding out the Doctrins of Purgatory of Indulgences of the Sacrifice of the Mass c. and see the Image and Reliques of the Saints carried solemnly in Procession with a God formed by the hand of Man. And that in sine they should again publickly adore those vain Idols We are confident there is not â—… good Protestant in the World that would not startle â—… at the thought of it But this is not yet all The Declaration of which we speak does not only re-establish Popery with all its abominations but does moreover tend to the Ruine of the Reformation in England A Man need not to have any great Sagacity to be convinced of this And that as much as it seems to establish for ever the Protestant Religion in that Kingdom it does on the contrary destroy the very Foundations of it The ground upon which the Reformation is founded in England are the Laws which have been made at several times for the settlement of it and to abolish either the Tyranny of the Pope or the Popish Religion altogether And as these Laws have been made by the King and Parliament together so that the King has not the power to Repeal them without a Parliament they secure the Protestant Religion against the Enterprizes of such Kings as should ever think to Destroy it But now if this Declaration be executed we are no more to make any account of those Solemn Laws which have been passed in favour of the Reformation they become of no value and the Protestant Religion is intirely lest to the King's Pleasure This is what will clearly appear from what we are about to say The King not having been able to obtain of the last Parliament to consent to a Repeal of the Laws which had been made against the Nonconformists dissolved the Parliament it self Not long after without attending a new one he did that alone by his Declaration which the Parliament would not do conjunctly with him He granted a all Liberty of Conscience to the Nonconformists he freed them from the Penalties which had been appointed against them and dispensed with the Oaths to which the Laws obliged all those who were admitted to any Charges whether in the souldiery or in administration of Justice or of the Government In pursuance of these Declarations he threw the Protestants out of all Places of any great Importance to clap in Papists in their room and goes on without ceasing to the intire establishment of Popery Who does not see that if the Protestants approve these Declarations and themselves authorize such Enterprises the King will not stop here but that this will be only one step to carry him much further What can be did when he shall do the same thing with reference to those Laws which exclude the Papists out of the Parliament that he has done to those which shut them out of all Charges and Imploys and forbad them the Exercise of their Religion Does not the approbation of such Declarations as it overthrows these last carry with it before-hand the approbation of those which shall one day overthrow the former And if the King shall once give himself the Authority to bring Papists into the Parliament who shall hinder him from using Solicitations Promises Threatnings and a thousand other the like means to make up a Popish Parliament And who shall hinder him with the concurrence of that Parliament to repeal all the ancient Laws that had been passed against Popery and make new ones against the Protestants These are without doubt the natural Consequences of what the King at this time aims at These are the fruits which one ought to expect from it if instead of approving as some have done his Enterprises against the Laws they do not on the contrary with all imaginable Vigor oppose them Reflect a little on what we have here said and you will confess that we have reason to commend the Conduct of the Bishops who refused to publish the Declaration and to condemn those Dissentèrs who have made their Addresses of Thanks for it It is true that the Dissenters are to be pitied and that they have been treated hardly enough and we do not think it at all strange that they so earnestly sigh after Liberty of Conscience It is natural for Men under Oppression to seek for Relief and Liberty of Conscience considered only in it self is it may be the Thing of all the World the most precious and most desirable Would to God we were able to procure it for them by any lawful means and without such ill Consequences tho' it were at the peril of our Lives But we conjure them to consider how pernicious that Liberty of Conscience is which is offer'd to them as we have just now shewn On the one side it is inseparably linked with the Establishment of Popery and on the other it cannot be accepted without approving a terrible Breach which his Majesty thereby makes upon the Laws and which would be the ruine of the Reformation in his Kingdoms were not some Remedy brought to it And where is the Protestant who would buy Liberty of Conscience at so dear a rate and not rather chuse to continue deprived of it all his Life Should the private Interest of our Brechren the Dissenters blind them in such a manner that they have no regard to the general Interest of the Church Should they for enjoying a Liberty of Conscience so ill assured shut their Eyes to all other Considerations How much better would it be for them to re-unite themselves to the Bishops with whom they differ only in some Points of Discipline but especially at this time when their Conduct ought to have entirely defaced those unjust Suspicions which they had conceived against them But if they could not so readily dispose themselves to such a Re-union would it not be better for them to resolve still to continue without Liberty of Conscience and expect some more favourable time when they may by lawful
means attain it than to open themselves a Gite to Popery and to concur with it to the Ruine of the Protestant Religion You will it may be tell us that it looks ill in us who so much complain That we have been deprived of Liberty of Concience in France to sind fault with the King of England for granting it to his Subjects And that it is the least that can be allowed to a Soveraign to allow him the Right to permit the exercise of his own Religion in his own Kingdoms and to make use of the Service of such of his Subjects as himself shall think sit by putting them into Charges and Employs You will add That his Majesty does not go about neither to abrogate the ancient Laws nor to make new ones All he does being only to dispence with the Observation of certain Laws in such of his Subjects as he thinks fit and for as long time as he pleases and that the right of dispensing with and suspending of Laws is a Right insepably tied to his Person That for the rest the Protestant Religion does not run the least Risque There are Laws to shut the Papists out of Parliament and these Laws can neither be dispensed with nor suspended So that the Parliament partaking with the King in the Legislative Power and continuing still Protestant there is no cause to fear that any thing should be done contrary to the Protestant Religion Besides What probability is there that a King who appears so great an Enemy to Oppression in matters of Conscience and Religion should ever have a thought tho' he had the Power himself to oppress in this very matter the greatest part of his Subjects and take from them that Liberty of Conscience which he now grants to them and which he promises so â—… to observe for the time to come These are all the Objections that can with â—… appearance of Reason be made against what we have before said They may all be reduced â—… five which we shall examine in their order And we doubt not but we shall easily make it appear that they are all but meer Illusions 1. We do justly complain That they had taken from us our Liberty of Conscience in France because it was done contrary to the Laws And one may as justly complain that the K. of England does labour to re-estalish Popery in his Country because he cannot do it but contrary to the Laws Our Liberties in France were founded us on solemn Laws upon perpetual irrevocable and sacred Edicts and which could not be â—… without violating at once the Publick Faith the Royal Word and the Sacredness of an Oath And Popery has been banished out of England by Laws made by King and Parliament and which cannot be repealed but by the author of King and Parliament together so that the therefore there is just cause to complain that the King should go about to overthrow them himself alone by his Declaration 2. It is not true that a Soveraign has always the right to permit the Exercise of his own Religion in his Dominions and to make use of the â—… of such of his Subjects as he himself shall that fit that is to say by putting of them into â—… and Employs And in particular he has this right when the Laws of his Country contrary thereunto as they are in the â—… before us Every King is obliged to observe the fundamental Laws of his Kingdom And the King of England as well as his Subjects ought to observe the Laws which have been established by King and Parliament together 3. For the third the distinction between abrogation of a Law and the dispensing â—… and suspending of it cannot here be of use whether the King abrogates the Laws which have been made against Popery or whether without saying expressly that he does abrogate them he overthrows them by his Declarations under pretence of dispensing with suspending of them it is still in effect same thing And to what purpose is it the Laws are not abrogated if in the â—… time all sorts of Charges are given to Papists and Popery it self be re-established contrary to the tenor of the Laws The truth is if the King has such a power as this if this be â—… Right necessarily tied to his Person 't is in vain â—… the Parliament does partake with him in the Legislature This Authority of the Parliament is but a meer Name a Shadow a Phan â—… a Chimera and no more The King is still the absolute Master because he can alone and without his Parliament render useless by his Declarations the Laws which the Parliament shall have the most solemnly established together with him We confess the King has right of dispensing in certain Cases as if the concern be what belongs to his private Interest he may without doubt whenever he pleases depart from his own Rights 't is a Liberty which no body will pretend to contest with him But he has not the power to dispense to the Prejudice of the Rights of the people â—… by consequence put the Property the Liberty and the Lives of his Protestant Subjects into the hands of Papists 4. What we have now said in Answer to the third Objection will be more clear from the Answer we are to give to the fourth They should perswade the Protestants that their Religion is in safety because on the one side the King cannot make Laws without the Parliament and that on the other there being Laws which exclude Papists out of the two Houses it must necessarily follow That the Parliament shall continue to be Protestant But if the King has the power to break through the Laws under the pretence of dispensing with and suspending of them what Security shall the Protestants have that he will not dispense with the Papists the Observation of those Laws which do exclude them out of the Parliament as well as â—… has dispensed with those that should have kept them out of Charges and Imployments â—… Security shall they have that he will â—… at any time hereafter suspend the Execution of the former as he has already suspended the Execution of the latter Which being â—… what should hinder us from seeing in a little â—… a Popish Parliament who together with the King shall pass Laws contrary to the Protestant Religion What difference can be shewn between the one and the other of these Laws â—… the one should be liable to be dispensed with and suspended and the other not Were they not both established by the King and Parliament Were not both the one and the other made for the Security of the Protestant Religion and of those who profess it Are not the Rights of the people concerned in the one as well as in the other And whosoever suffers and approves the King in the violation of these Rights in some things does he not thereby authorize him to violate them in all If the King has power to put the Liberty and
property and Lives of his Protestant Subjects at the mercy of the Papists by placing them in Charges contrary to the Law why should he not have the power to raise the same Papists to the Authority of Legislators by declaring them capable of sitting in Parliament seeing that is but contrary to Law Do not deceive your selves the Laws are the Barrier which bound the Authority of the King and if this Barrier be once broken he will extend his Authority as far as he pleases And it will be impossible for you after that to set any bounds to it 5. In fine he must be very little acquainted with the Spirit of Popery who imagins that it will be content to re-establish it self in England without aiming to destroy the Protestant Religion Give it but Time and Opportunity to fortifie it self and you may then expect to see what it is In all places where it has got the power in its hands it will not only rule but rule alone and not suffer any other Religion besides it self and imploys the Sword and Fire to extirpate that which it calls Heresie Were not this a Truth confirmed by infinite Examples both ancient and modern which every one knows who has read any thing of History it would be too much evidenced by the Cruelties which it has so lately exercised against the Churches of Hungary of France and of the Vallies of Piemont And men ought not to be lulled asleep by the pretence of an Inclination which the King of England would be thought to have for Liberty of Conscience nor by the Promises which he makes to perserve it to all his Subjects without distinction Every one knows that persidiousness and breach of Faith are Characters of Popery no less essential to it than Cruelty Can you doubt of this Gentlemen you who so lately came from making a sad Experiment of it How often did our King promise us to preserve us in our Priviledges How many Declarations How many Edicts did he set out to that purpose How many Oaths were taken to confirm those Edicts Did not this very King Lewis XIV himself solemnly promise by several Edicts and Declarations to maintain us in all the Liberties which were granted to us by the Edict of Nantes And yet after all what scruple was there made to violate so many Laws so many Promises and so many Oaths The Protestants of England have themselves also sometimes likewise experimented the same Infidelity And not to alledge here any other Example let us desire them to remember only the Reign of Queen Mary what promises she made at her coming to the Crown not to make any change of Religion and yet what bloody Laws she afterwards passed to extinguish the Reformation as soon as she saw her self fast in the Throne And with that inhumanity she spilt the Blood of her most faithful Subjects to accomplish that design After such an instance as this a man must be very credulous indeed and willing to deceive himself that will put too much confidence in the promises of the King that now reigns Do we not know that there are neither Promises nor Oaths which the Pope does not pretend to have power to dispense with in those whom he employs for the Extirpation of Heresie And do we not also know that it is one of the great Maxims of Popery a Maxim authorized both by the Doctrine and Practice of the Council of Constance That they are not obliged to keep any Faith with Hereticks We ought not to believe that King James II. a Prince who has so much Zeal for Popery should be governed by any other Maxims than those of his Religion And whosoever will take the pains to examine his Conduct both before and since his coming to the Crown will find that he has more than once put 'em in practice And this Gentlemen we suppose may be sufficient to convince all reasonable persons that there is nothing more pernicious than that Declaration which you have approved whether by publishing it as some of you have done or by addressing to the King to thank him for it When you shall have reflected upon these things you will without doubt your selves confess that you have suffered your selves to be amused with some imaginary advantages which you hope to make by this Declaration In the mean time most dear Brethren you will pardon us if we have chanced to have let any thing slip that is not agreeable to you We had no Design to give the least Offence either to you or to our Brethren the Dissenters of England If we have spoken our Thoughts freely of your Conduct and â—… theirs we have at least spoken with no less liberty of that of the Bishops And God is our Witness that we have said nothing of the one or the other but in the sincerity of our Heart and out of a desire to contribute somewhat to his Glory and the good of his Church We are Most honoured Brethren Your most Humble most Obedient and most affectionate Brethren in Jesus Christ. N. â—… Popish Treaties not to be rely'd on In a Letter from a Genleman at York to his Friend in the Prince of ORANGEs Camp. Addressed to all Members of the next Parliament THE credulity and Superstition of Mankind hath given great Opportunities and Advantages to cunning Knaves to spread their Nets and lay â—… Traps in order to catch easie and unwary creatures these being led on by Ignorance or â—… they by Pride or Ambition or else a Vile and â—… Principle Therefore seeing we are in this state of Corruption bred up to believe Contradictions and Impossibilities led by the Nose with â—… State Monntebank and Mankish Jugler â—… like Puppets by Strings and Wires it seems â—… time to vindicate Humane Nature and to free â—… from these Shackles laid upon her in the very â—… for Man who ought to be a Free and â—… Animal in his present state is only an â—… and Machine contriv'd for the Vanity and â—… of Priests and Tyrants who claim to themselves â—… seem to Monopolize the Divine Stamp tho' we â—… all made of the same Materials by the same â—… and in the same Mould equal by Nature â—… together and link'd in Societies by mutual contracts plac'd by turns one above another and intrusted for some time with the Power of executing our own Laws and all by general consent for the Publick Good of the whole Community this is â—… genuine Shape and Figure of Primitive and â—… Government not distemper'd and fatally â—… with the monstruous Excrescencies of Arbitrary Power in one single Member above all the Laws of the whole Infallibility Divine Right c. â—… by Knaves and Sycophants bellev'd by Fools â—… scarce ever heard of the Greek and Roman Histories and never read their own I shall therefore give some Examples out of an infinite number of People ruin'd and utterly destroy'd by their â—… Credulity and good Nature matter of Fact â—… a stronger Proof
December 21. 1688. Licensed Fourteen Papers VIZ. I. A Letter from a Gentleman in Ireland to his Friend in London upon occasion of a Pamphlet Entituled A Vindication of the present Government of Ireland under his Excellency Richard Earl of Tyrconnel II. A Letter from a Freeholder to the rest of the Freeholders of England and all Others who have Votes in the Choice of Parliament-Men III. An Enquiry into the Reasons for Abrogating the Test imposed on all Members of Parliament Offered by Sa. Oxon. IV. Reflections on a Late Pamphlet Entituled Parliamentum Pacificum Licensed by the Earl of Sunderland and Printed at London in March 1688. V. A Letter to a Dissenter upon occasion of His Majesties late Gracious Declaration of Indulgence VI. The Anatomy of an Equivalent VII A Letter from a Clergy-man in the City to his Friend in the Country Containing his Reasons for not Reading the Declaration VIII An Answer to the City Minister's Letter from his Country Friend IX A Letter to a Dissenter from his Friend at the Hague concerning the Penal Laws and the Test shewing that the Popular Plea for Liberty of Conscience is not concerned in that Question X. A Plain Account of the Persecution said to the Charge of the Church of England XI Abby and other Church-Lands not yet assured to such Possessors as are Roman Catholicks Dedicated to the Nobility and Gentry of that Religion XII The King's Power in Ecclesiastical Matters truly stated XIII A Letter of several French Ministers fled into Germany upon the Account of the Persecution in France to such of their Brethren in England as approved the Kings Declaration touching Liberty of Conscience Translated from the Original in French. XIV Popish Treaties not to be rely'd on In a Letter from a Gentleman at York to his Friend in the Prince of Orange's Camp. Addressed to all Members of the next Parliament LONDON Printed and are to be Sold by Richard Baldwin ' near the BlackBull in the Old-Bailey 1689. A Letter from a Gentleman in Ireland to his Friend in London upon occasion of a Pamphlet Entituled A Vindication of the present Government of Ireland under his Excellency Richard Earl of Tyrconnel SIR AS soon as the Letter Entituled A Vindication of the present Government of Ireland c. came to my hands I set upon Answering it with the same expedition and plainness of Style as uses to accompany naked Truth which needs not the cloathing of sophistical Arguments or florid Expressions to recommend it to the unprejudic'd part of Mankind And indeed upon the very first reading of every Paragraph of it the slightness of the Arguing or the notorious Falshood of the Matter of Fact did so evidently appear that a man of ordinary capacity needs not put his Natural Talent on the Rack to resute them The very first Position of the Paper viz. That Ireland is in a better Way of Thriving under the Government of a Native than an Englishman by which I suppose you mean one not barely so by Birth but by Inclination Interest Education Religion c. is so false that it contradicts the Experience and Reason of Mankind and disgusts one so much in the front of the Letter that I was tempted to fling it away unread judging it not worth the loss of so much time if the rest should prove of the same kind as indeed I found it upon perusal but having ventured through it I looked upon myself obliged to say something by way of Answer since in the opinion of some sort of Men the not Answering though even the most trifling Pamphlet is given out to be the Inability of the Party to reply to the weight of such Arguments as are contained in it I will not insist much upon the constant Practice of all the Predecessours of our English Kings and their Counsellors ever since the Conquest of Ireland who made it an establisht Maxim in relation to that Kingdom That none but an Englishman should be Chief Governour insomuch that till within these two Years that Practice gave occasion to the common erronious opinion That a man born in Ireland however otherwise qualified was thereby incapacitated from being Lord Deputy It is certain that long before the Reformation when Matters of Religion made no distinction between the Natives of each Country this was the setled and unalter'd Rule Have we any reason then to alter it now that Religion is put into the Scale and become the additional weight which never fails giving the advantage to the side it espouses and adheres to or rashly to condemn the wise Proceedings of the Ancestours of our Kings and contrary to the Opinion of the World judge our Author's Irish Understanding better than all the English ones that have been heretofore Our Author will certainly allow Ireland to be a conquer'd Country and consequently that the Conquerours have right to establish Laws with such restrictions and limitations as shall seem fitting and convenient towards the keeping it in their hands and the welfare of the Inhabitants which are of two sorts the British Planters and the Natives I shall prove that it has been and still is the Advantage of both these that Ireland should be Govern'd by an Englishman By the way I would have it understood that I do not pretend to put these two Interests into any ballance I know the British Interest does so far outweigh the other that it were a wrong done it to bring them into any competition more than two parts of three of the Lands of Ireland being by the several Rebellions of the Irish in British hands and for the Quality Temper Industry c. there is no comparison besides that if one of two Parties is to be pleased tho' by the detriment of the other 't is but just that the Conquerours who have right to give Law should be indulg'd how much more when it is consistent with the welfare of the Irish themselves if they understood their own good I am convinc'd that whatever has been done in favour of the Natives is pure Grace and cannot be claimed as a just Debt any otherwise than since it has been confirmed by Our Laws and Acts of Parliament He that reflects on 1641 will readily assent to this which makes me admire at the pertness of our Author in Capitulating as if we stood upon even ground with them but 't is plain he considers the Interest but of one Party in that Kingdom and tho' he names Ireland often he means the Native Irish Papist only But I proceed To prove that it is the Interest of the British that Ireland should be Governed by an Englishman I need say no more than that they all ardently desire it and People are the best Judge of their own Necessities The common Maxim That Interest will not lye Holds good here to some purpose The ill effects the contrary method has had on their Persons and Estates is but too visible Whoever had seen Ireland four Years ago and
would compare its Condition with what it is now from the most thriving and flourishing Country of Europe from a place of the briskest Trade and best paid Rents in Christendom it is fallen in one Year and a half 's time to Ruine and Desoration in the most frequent Cities empty Houses and melancholy Countenances in the best Peopl'd Counties unmanur'd neglected Fields and Solitariness Such a one I say might justly exclaim Heu Quantum mutatus ab illo But it would be impertinent to insist any longer on this I must now prove That 't is the advantage of the very Natives themselves who have long been uneasie under the English Government and often endeavour'd to shake it off to be Rul'd and Guided by that Nation they hate so much They are beholding to us for reducing them from a state of Barbarity which left but little difference between them and Brutes We taught them to Live to Eat Drink and Lodge like humane Creatures if they esteem this any advantage and do not really prefer their Native Wildness to all the Benefits of Civil Society Trade Agriculture Merchandizing Learning c. and if the gentleness of the English Government could have had any influence on them they had no reason to be discontented at it They had the equal Protection of the Laws in relation to their Estates and Persons they bore but their just proportion in all Taxes and Cesses Their Lands improv'd in value by the means of their British Neighbours and their Rents were much better paid than formerly whil'st themselves were Masters of the whole Island They had a large connivance for the exercise of their Religion and were even allowed to hold a National Synod of their own Clergy in Dublin Anno 1666. The poor Natives were not oppressed when their severe Land-lords the Irish Gentry by their cruel Extortions Casherings Duties and Days Labour ruin'd them who as soon as the English Manners prevailed among them as they were introduced with difficulty enough there was need of the Authority of Acts of Parliament to constrain them for their own good lived plentifully and in convenient Houses had their share of the current Coyn and proportion of all other Necessaries to the life and well-being of Man which now they want insomuch that several of them have been heard to Curse my Lord Tyrconnel for to his Government they attribute their Misery and acknowledge they never liv'd so well as under the Direction of the English Rulers nor expected to do so again till they were restored to the Helm See the force of Truth which compels a consession of it even from the mouths of its Adversaries One may easily perceive by our Author's manner of arguing where the Shooe pinches he is really concern'd that Ireland is not altogether an independent Kingdom and in the hands of its own Natives he longs till the day when the English Yoak of Bondage shall be thrown off Of this he gives us broad hints when he tells us that England is the only Nation in the World that impedes their Trade That a man of English interest will never Club with them as he phrases it or Project any thing which may tend to their advantage that will be the least bar or prejudice to the Trade of England Now why a man of English interest unless he will allow none of that Nation to be an able and just Minister to his Prince should be partial to ruine one Kingdom to avoid the least inconveniency of the other contrary to the positive Commands of his King I cannot imagine For since it is the Governour 's Duty to Rule by Law and such Orders as he shall receive from His Majesty I know no grounds for our Author 's Arraigning the whole English Nation in saying That no one man among them of what Perswasion soever will be true either to the Laws or his Majesty's positive Orders which shall seem repugnant to the smallest Conveniencies of England This is a glory reserv'd only as it seemes for his Hero my Lord Tyrconnel The Imbargo upon the West-India Trade and the Prohibition of Irish Cattel are the two Instances given It were to be wished indeed for the good of that Kingdom that both were taken off and I question not but to see a day wherein it shall seem proper to the King and an English Parliament to Repeal those Laws a day wherein they will consider us as their own Flesh and Bloud a Colony of their Kindred and Relations and take care of our Advantages with as little grudging and repining I am sure they have the same and no stronger Reason as Cornwall does at Yorkshire There are instances in several Islands in the East-Indies as far distant as Ireland is from England that make up but one Kingdom and Govern'd by the same Laws but the Wisdom of England will not judge it time sitting to do this till we of Ireland be one Man's Children either in Reality or Affection we wish the latter and have made many steps and advances towards it if the Natives will not meet us half way we cannot help it let the Event lie at their own Doors But after all I see not how those Instances have any manner of relation to the English Chief Governours in Ireland they were neither the Causes Contrivers nor Promoters of those Acts. The King and an English Parliament did it without consulting them if they had 't is sorty to one My Lord of Ormond and the Council whose stake is so great in Ireland would have hindred it as much as possible Our Author's Argument proves indeed That 't is detrimental to Ireland to be a subordinate Kingdom to England and 't is plain 't is that he drives at let him disguise it as much as he will but the Conclusion he would prove cannot at all be deduced from it Shortly I expect he will speak plainer and in down-right terms propose That the two Kingdoms may be governed by different Kings Matters seem to grow ripe for such a â—… Proposition â—… Acts and not the subjection to an â—… â—… were the Grievances they would be so â—… British there as well as to the Natives but though we wish them Repealed we do not repine in the mean time if the British who are the most considerable Trading part of that Nation and consequently seel the ill effects of those Acts more sensibly can be contented why the Natives should not acquiesce in it unless it be for the forementioned Reasons I cannot see Our Author allows that there are different ways of obeying the King 't is a Point gained for us and proves there may be such a partiality exercised in executing His Majesty's Commands as may destroy the very intent of them and yet taking the matter strictly the King is obeyed but a good Minister will consider his Masters Intention and not make use of a word that may have a double sence to the ruine of a Kingdom nor of a latitude of power
Godly and wholsom Doctrine all this Clamour against Idolatry turns against himself for he will find the Church of Rome charged with this almost an Age before Dr. Stillingfleet was born and though perhaps none has ever defended the Charge with so much Learning as he has done yet no Malice less impudent than his is could make him the Author of the Accusation It will be another strain of our Author's Modesty if he will pretend that our Church is not bound to own the Doctrine that is contained in her Homilies he must by this make our Church as treacherous to her Members as Sa. Oxon is to her for to deliver this Doctrine to the People if we believe it not our selves is to be as impudent as he himself can pretend to be A Church may believe a Doctrine which she does not think necessary to propose to all her Members but she were indeed a Society sit for such Pastors as he is if she could propose to the People a Doctrine chiefly one of so great Consequence as this is without she believed it herself So then he must either renounce our Church and her Articles or he must answer all his own Plea for clearing that Church of this Imputation which is so slight that it will be no hard matter even for such a trifling Writer as himself is to do it As for what he says of Stabbing and Cut-throat Words he may charge us with such Words if he will but we know who we may charge with the Deeds I would gladly see the List of all that have been murder'd by these Words to try if they can be put in the Ballance either with the Massacre of Ireland or that of Paris upon which I must take Notice of his slight way of mentioning Coligny and his Faction and telling us in plain Words p. 45. That they were Rebels This is perhaps another instance of his kindness to the Calvinist Prince that is descended from that Great Man. If Idolatry made our Plot it was not the first that it made but his Malignity is still like himself in his charging Dr. Stillingfleet who he says is the Author of the Imputation of Idolatry as if he had suborned the Evidence in our Plot. I should congraulate to the Doctor the Honour that is done him by the Malice of one who must needs be the Object of the Hatred of all good Men if I did not look upon him as so comtemptible a Person that his Love and his Hatred are equally insignificant If he thinks our Church worse than Canibals I wish he would be at the pains to go and make a trial and see whether these Salvages will use him as we have done I dare say they would not eat him for they would find so much Gall and Choller in him that the first bit would quite disgust them REFLECTIONS on a Late PAMPHLET Entituled PARLIAMENTUM PACIFICUM Licensed by the Earl of Sunderland and Printed at London in March 1688. I. PEace is a very desirable thing yet every state that is peaceable is not blindly to be courted An Apoplexy is the most peaceable state into which a man's Body can be laid yet few would desire to pacific the Humours of the Body at that rate an Implicit Faith and Absolute Slavery are the two peaceablest things that can be yet we Confess we have no mind to try so dangerous an Experiment and while the Remedies are too strong we will chuse rather to bear our Disease than to venture on them The Instance that is proposed to the Imitation of the Nation is that Parliament which called in the late King and yet that cannot so much as be called a Parliament unless it be upon a Common-wealth Principle That the Sovereign Power is radically in the People for its being Chosen without the King 's Writ was such an Essential Nullity that no subsequent Ratification could take it away For all People saw that they could not depend upon any Acts passed by it and therefore it was quickly Dissolved and ever since it has been called by all the Monarchical Party a Convention and not a Parliament But now in order to the Courting the Common-wealth Party this is not only called a Parliament but is proposed as a Pattern to all others from the beginning to pag. 19. II. But since this Author will send us back to that time and since he takes so ill That the Memory of the late King should be forgotten let us Examine that Transaction a little and then we shall see whether it had not been more for his Honour to let it be forgotten The King did indeed in his Declaration from Breda promise Liberty of Conscience on which he insisted in a large and wise Declaration set out after he was settled on the Throne But after that he had got a Parliament chosen all of Creatures depending on himself who for many years Granted him every thing that he desired a severe Act of Uniformity was passed and the Kings Promise was carried off by this That the King could not refuse to comply with so Loyal a Parliament It is well enough known that those who were then secretly Papists and who disguised their Religion for many years after this as the King himself did to the last animated the Chief Men of our Church to carry the Points of Uniformity as high as was possible and that both then and ever since all that proposed any Expedients for uniting us or as it was afterwards termed for Comprehending the Dissenters were represented as the Betrayers of the Church The Design was then clear to some that so by carrying the Terms of Conformity to a great rigidity there might be many Non-Conformists and great occasion given for a Toleration under which Popery might insensibly creep in For if the Expedients that the King himself proposed in his Declaration had been stood to it is well known that of the 2000 Conscientious Ministers as he calls them pag. 14. by an Affectation too gross to pass on them that were turned out above 1700 had staid in Their Practices had but too good Success on those who were then at the Head of our Church whose Spirits were too much soured by their ill usage during the War and whose Principles led them to so good an Opinion of all that the Court did that for a great while they would suspect nothing But at the same time that the Church Party that carried all before them in that Parliament were animated to press things so hard the Dissenters were secretly encouraged to stand out and were told That the Kings Temper and Principle and the consideration of Trade would certainly procure them a Toleration and ever since that Party that thus had set us together by the ears has shifted fides dextrously enough but still they have carried on the main Design which was to keep up the Quarrel in the Intervals of Parliament Liberty of Conscience was in vogue but when a Session of Parliament came
much the more conformed and incouraged to deal instead of being hindred by them but if instead of an answer to satisfie there is nothing but anger for a reply it is impossible not to conclude that there is never a good one to give so that the objection remaining without being fully ◅ there is an absolute bur put to any further Treaty There can be no dealing where one side assumeth a privilege to impose so as to make an offer and not bear the examination of it this is giving judgment not making a bargain Where is called unmannerly to object or criminal to refuse the surest way is for men to stay when they are rather than treat upon such disadvantages If it should happen to be in any Country where the governing power should allow me Liberty of Conscience in the choice of their Religion it would be strange to deny them liberty of ◅ in making a bargain Such a contradiction would be so discouraging that they must be unreasonably sanguine who in that case can entertain the hopes of a fair Equivalent XIII An equal Bargain must not be a Mystery nor a Secret The purchaser or proposer is to tell directly and plainly what it is he intendeth to give in Exchange for that which he requireth It must be viewed and considered by the other party that he may judg of the value for without knowing what it is he cannot determine whether he shall take or leave it An assertion in general that it shall be as good or a better thing not in this a sufficient excuse for the mistake of dealing upon such uncertain terms In all things that are dark and not enough explained suspition naturally followeth A secret generally implied a defect or a deceit and if a false light is an objection no light at all is yet a greater To pretend to give a better thing and to refuse to shew it very near saying it is not so good a one at least so it will be taken in common construction A Mystery is yet a more discouraging thing to Protestant especially if the Proposition should come from a Papist it being one of his great Objections to that Church that there are so many of them Invisible and Impossible which are violently thrust upon their understandings that they are overlaid with them They think that rational creatures are to be convinced only ◅ reason and that reason must be visible and ◅ else they will think themselves used with ◅ instead of equality and will never allow such a suspected secrecy to be a fit Preface ◅◅ Equivalent XIV In matters of Contract not only the present value but the contingencies and consequences far as they can be fairly supposed are to be considered For Example if there should be a possibility that one of the parties may be ruined by accepting and the other only disappointed by ◅ refusing the consequences are so extremely unequal that it is not imaginable a man should take that for an Equivalent which hath such a fatal possibility at the heels of it If it should happen in a publick case that such ◅ proposal should come from the minor part of an Assembly or Nation to the greater It is very must that the hazard of such a possibility should more or less likely fall upon the lesser part rather than upon the greater for whose sake and advantage things are and must be calculated in all publiok Constitutions Suppose in any mixed Government the chief Magistrate should propose upon a condition in the Senate Diet or other Supreme Assembly either to Enact or Abrogate one or more Laws by which a possibility might be let in of destroying their Religion and Property which in other language signifieth no less than Soul and Body where could be the Equivalent in the case not only for the real loss but even for the fear of losing them Men can fall no lower than to lose all and if losing all destroyeth them the venturing all must fright them In an instance when Men are secure that how far soever they may be over-run by Violence yet they can never be undone by Law except they give their assistance to make it possible though it should neither be likely nor intended still the Consequence which may happen is too big for any paesent thing to make amends for it Whilst the word Possible remaineth it must forhid the Bargain Where ever it falleth out therefore that in an Example of a publick nature the Changing Enacting or Repealing a Law may natūrally tend to the misplacing the Legislative power in the hands of those who have a separate interest from the body of a People there can be no treating till it is demonstrably made out that such a consequence shall be absolutely impossible for if that shall be denied by those who make the proposal if it is because they cannot do it the motion at first was very unfair If they can and will not it would be yet less reasonable to expect that such partial dealers would ever give an Equivalent fit to be accepted XV. It is necessary in all dealing to be assured in the first place that the party proposing is in a condition to make good his Offer that he is neither under any former Obligations or pretended claims which may render him uncapable of performing it else he is so far in the condition of a Minor that whatever he disposeth by sale or exchange may be afterwards resumed and an Contract becometh void being originally defective for want of a suffistent legal power in him that made it In the case of a strict Settlement where the party is only Tenant for life there is no possibility of treating with one under such fetters no purchase or exchange of Lands or any thing else can be good where there is such an incapacity of making out a Title the interest vested in him being so limited that he can do little more than pronounce the words of a Contract he can by no means perform the effect of it In more publick instances the impossibility is yet more express as suppose in any Kingdom where the people have so much liberty left them as that they may make Contracts with the Crown there should be some peculiar rights claimed to be so fixed to the Royal Function that no King for the time being could have power to part with them being so fundamentally tied to the Office that they can never be separated Such Rights can upon no occasion be received in exchange for any thing the Crown may desire from the People That can never be taken in payment which cannot lawfully be given so that if they should part with that which is required upon those terms it must be a gift it cannot be a bargain There is not in the whole Dictionary a more untractable word than inherent and less to be reconciled to the word Equivalent The party that will Contract in spight of such a Claim is content to take what is
Money in the payment of his Debt by which though he paid but half or less he might pretend according to the letter to have made good the contract The The power of interpreting a Promise intirely taketh away the virtue of it A Merchant who should once assume that priviledge would save himself the trouble of making any more Bargains It is still worse if this Jurisdiction over a Man's Promise should be lodg'd in hands that have Power to support such an extraordinary Claim and if in other Cases forbearing to deal upon those terms is advisable in this it becometh absolutely necessary XXVII There must in all respects be a full liberty to claim a Promise to make it reasonable to take it in any part of payment else it would be like agreeing for a Rent and at the same time making it Criminal to demand it A superiority of Dignity or Power in the Party promising maketh it a more tender thing for the other party to treat upon that security The first maketh it a nice thing to claim the latter maketh it a difficult thing to obtain In some cases a Promise is in the nature of a Covenant and then between equal parties the breach of it will bear a Suit but where the greatness of the Promiser is very much raised above the Level of equality there is no Forseiture to be taken It is so far from the party grieved his being able to sue or recover Damages that he will not be allow'd to explain or expostulate and instead of his being relieved against the breach of Promise he will run the hazard of being punished for breach of Good Manners Such a difficulty is putting all or part of the Payment in the Fire where Men must burn their Fingers before they can come at it That cannot properly be called good payment which the party to whom it is due may not receive with ease and safety It was a King's Brother of England who refused to lend the Pope mony for this reason That he would never take the Bond of one upon whom he could not distrain The Argument is still stronger against the Validity of a Promise when the Contract is made between a Prince and a Subject The very offering a King's Word in Mortgage is rather a threatning in case of Refusal than an inducing Argument to accept it it is unfair at first and by that giveth greater cause to be cautious especially if a thing of that value and dignity as a King's Word ought to be should be put into the hands of State-brokers to strike up a Bargain with it XXVIII When God Almighty maketh Covenants with Mankind His Promise is a sufficient Security notwithstanding his Superiority and his Power because first he can neither err nor do injustice It is the only Exception to his Omnipotence that by the Perfection of his being he is incapacitated to do wrong Secondly at the instant of His Promise by the extent of his Foresight which cannot fail there is no room left for the possibility of any thing to intervene which might change his mind Lastly he is above the receiving either Benefit or Inconvenience and therefore can have no Interest or Temptation to vary from his Word when once he hath granted it Now though Princes are God's Vicegerents yet their Commission not being so large as that these Qualifications are devolved to them it is quite another case and since the offering a Security implyeth it to be examined by the party to whom it is proposed it must not be taken ill that Objections are made to it even though the Prince himself should be the immediate Proposer Let a familiar Case be put Suppose a Prince tempted by a Passion too strong for him to resist should descend so as to promise Marriage to one of his Subjects and as Men are naturally in great haste upon such occasions should press to take possession before the necessary Forms could be complyed with would the poor Ladies Scruples be called Criminal for not taking the Security of the Royal Word Or would her Allegiance be tainted by her resisting the sacred Person of her Soveraign because he was impatient of delay Courtesie in this case might perswade her to accept it if she was so disposed but sure the just exercise of Power can never claim it XXIX There is one Case where it is more particularly a Duty to use very great occasion in accepting the security of a Promise and that is when Men are authorized and trusted by others to act for them This putteth them under much greater restraints than those who are at liberty to treat for themselves It is lawful though it is not prudent for any man to make an ill Bargain for himself but it is neither the one nor the other where the party contracting treateth on behalf of another by whom he is intrrsted Men who will unwarily accept an ill security if it is for themselves forfeit their own discretion and undergo the Penalty but they are not responsible to any body else They lie under the Mortification and the loss of committing the error by which though they may expose their Judgment to some censure yet their Morality suffers â—… reproach by it But those who are deputed by others to treat for them upon terms of best advantage though the Confidence placed in them should prevent the putting any limits to their Power in their Commission yet the Condition implied if not expressed is that the Persons so trusted shall neither make an ill Bargain nor accept a slight Security The Obligation is yet more binding when the Trust is of a Publick Nature The aggravation of disappointing a Body of Men that rely upon them carrieth the Fault as high as it can go and perhaps no Crime of any kind can outdo such a deliberate breach of Trust or would more justly make Men forfeit the protection of humane Society XXX I will add one thing more upon this Head which is that it is not always a true Proposition that 't is safe to rely upon a Promise if at the time of making it it is the Interest of the Promiser to make it good This though many times it is a good Inducement yet it hath these Exceptions to it First if the Proposer hath at other times gone plainly against his Visible Interest the Argument will turn the other way and his former Mistakes are so many Warnings to others not to come within the danger any more let the Inducements to those Mistakes be never so great and generous that does not alter the Nature they are Mistakes still Interest is an uncertain thing It goeth and cometh and varieth according to times and circumstances as good build upon a Quicksand as upon a presumption that Interest shall not alter Where are the Men so distinguished from the rest of Mankind that it is impossible for them to mistake their Interest Who are they that have such an exemption from human Frailty as that it can never
to mind how it fared with those in King Charles the First 's Reign who read the Book of Sports as it was called and then preached against it To return then to our Argument if reading the Declaration in our Churches be in the nature of the Action in the intention of the Command in the opinion of the People an interpretative consent to it I think my self bound in conscience not to read it because I am bound in conscience not to approve it It is against the Constitution of the Church of England which is Established by Law and to which I have subscribed and thefore am bound in Conscience to Teach nothing contrary to it while this Obligation lasts It is to Teach an unlimited and universal Toleration which the Parliament in 72. Declared illegal and which has been condemned by the Christian Church in all Ages It is to teach my People that they need never come to Church more but have my free leave as they have the King 's to go to a Conventicle or to Mass It is to teach the dispensing Power which alters what has been formerly thought the whole Constitution of this Church and Kingdom which we dare not do till we have the Authority of Parliament for it It is to recommend to our People the choice of such persons to sit in Parliament as shall take away the Test and Penal-Laws which most of the Nobility and Gentry of the Nation have declared their judgment against It is to condemn all those great and worthy Patriots of their Country who forfeited the dearest thing in the World to them next a good Conscience viz. The Favour of their Prince and a great many honourable and profitable Employments with it rather than consent to that Proposal of taking away the Test and Penal Laws which they apprehend destructive to the Church of England and the Protestant Religion and he who can in Conscience do all this I think need scruple nothing For let us consider further what the effects and consequences of our reading the Declaration are likely to be and I think they are matter of Conscience too when they are evident and apparent This will certainly render our Persons and Ministry infinitely contemptible which is against that Apostolick Canon Let no man despise thee Titus 2. 15. That is so to behave himself in his Ministerial Office as not to fall under contempt and therefore this obliges the Conscience not to make our selves ridiculous nor to render our Ministry our Counsels Exhortations Preaching Writing of no effect which is a thousand times worse than being silenced Our Sufferings will Preach more effectually to the People when we cannot speak to them but he who for Fear or Cowardise or the Love of this World betrays his Church and Religion by undue compliances and will certainly be thought to do so may continue to Preach but to no purpose and when we have rendred our selves ridiculous and contemptible we shall then quickly fall and fall unpitied There is nothing will so effectually tend to the final ruine of the Church of England because our Reading the Declaration will discourage or provoke or misguide all the Friends the Church of England has can we blame any man for not preserving the Laws and the Religion of our Church and Nation when we our selves will venture nothing for it can we blame any man for consenting to Repeal the Test and Penal Laws when we recommend it to them by Reading the Declaration Have we not Reason to expect that the Nobility and Gentry who have already suffered in this Cause when they hear themselves condemned for it in all the Churches of England will think it time to mend such a fault and reconcile themselves to their Prince and if our Church fall this way is there any any reason to expect that it should ever rise again These Consequences are almost as evident as Demonstrations and let it be what it will in it self which I foreseee will destroy the Church of England and the Protestant Religion and Interest I think I ought to make as much conscience of doing it as of doing the most immoral Action in Nature To say that these mischievous consequences are not absolutely necessary and therefore do not affect the Conscience because we are not certain they will follow is a very mean Objection Moral Actions indeed have not such necessary consequences as natural causes have necessary effects because no moral causes act necessarily Reading the Declaration will not as necessarily destroy the Church of England as fire burns Wood but if the consequence be plain and evident the most likely thing that can happen if it be unreasonable to expect any other if it be what is plainly intended and designed either I must never have any regard to Moral Consequences of my Actions or if ever they are to be considered they are in this case Why are the Nobility and Gentry so extreamly averse to the Repeal of the Test and Penal Laws why do they forfeit the King's Favour and their Honourable Stations rather than comply with it if you say that this tends to destroy the Church of England and the Protestant Religion I ask whether this be the necessary consequence of it whether the King cannot keep his promise to the Church of England if the Test and Penal Laws be Repealed We cannot say but this may be and yet the Nation does not think fit to try it and we commend those great men who deny it and if the same questions were put to us we think we ought in Conscience to deny them our selves and are there not as high probabilities that our Reading the Declaration will promote the Repeal of the Test and Penal Laws as that such a Repeal will ruine our Constitution and bring in Popery upon us Is it not as probable that such a complyance in us will disoblige all the Nobility and Gentry who have hitherto been firm to us as that when the power of the Nation is put into Popish Hands by the Repeal of such Tests and Laws the Priests and Jesuits may find some salvo for the King's Conscience and perswade him to forget his Promise to the Church of England and if the probable ill consequences of Repealing the Test and Penal Laws be a good reason not to comply with it I cannot see but that the as probable ill consequences of Reading the Declaration is as good a reason not to read it The most material Objection is that the Dissenters whom we ought not to provoke will expound our not Reading it to be the effect of a Persecuting Spirit Now I wonder men should lay any weight on this who will not allow the most probable consequences of our Actions to have any influence upon Conscience for if we must compare consequences to disoblige all the Nobility and Gentry by Reading it is likely to be much more fatal than to anger the Dissenters and it is more likely and there is much more
And they are not so void of common sense as to adventure to incur his most high displeasure when they have nothing to rely upon but his favour In short Trust to those who own you for their Brethren as you do them for tho' they have been angry Brethren yet there is hope of Reconciliation between such near Relations But put no Confidence in those who not only utterly disown any such Relation to you but have ever treated you with an implacable hatred as their most mortal Enemies unto whom it is impossible they should be reconciled Prov. 12. 19 20. The lips of Truth shall be established for ever but a lying Tongue is but for a moment Lying lips are an abomination to the Lord but they that deal truly are his delight Abby and other Church-Lands not yet assured to such Possessors as are Roman Catholicks Dedicated to the Nobility and Gentry of that Religion SInce it is universally agreed on that so great a matter as the total alienation of all the Abby-Lands c. in England can never be made legal and valid and such as vvill satisfie the reasonable doubts and scruples of a religious and conscienciousPerson except it be confirm'd by the supreme Authority in this Church its evident that the Protestants vvho assert the Church of England to be autokephalor and such as allows of no Foreign Jurisdiction or Appeals having had these Lands confirmed to them by the King as Head of the Church the Convocation as the Church representative and by the King and Parliament as the supreme Legislative Power in this Realm have these Alienations made as valid to them as any Power on Earth can make them but the Members of the Church of Rome who maintain a Foreign Superiour Jurisdiction either in a general Council or in the Bishop of Rome or both together cannot have these Alienations confirm'd to them without the consent of one or both of these Superiour Jurisdictions If therefore I shall make it appear that these Alienations in England were never confirm'd by either I do not see hovv any Roman-Catholick in England can without Sacriledge retain them and his Religion together As to the first of these since there hath been no Council from the first Alienation of Abby-Lands in England to this day that pretends to be general but that of Trent vve neeed only look into that for the satisfaction of such Roman Catholicks as esteem a general Council above the Bishop of Rome And I am sure that that Council is so far from confirming these Abby-Lands to the present Possessors that it expresly denounceth them accursed that detain them Sess. 22. Decret de Ref. Cap. 11. Si quem c. If Covetousness the root of all evil shall so far possess any Person whatsoever whether of the Clergy or Laity though he be an Emperour or a King as that by force fear or frand or any art or colour whatsoever he presume to convert to his own use usurp the Jurisdiction Goods Estates Fruits Profits or Emoluments whatsoever of any Church or any Benefice Secular or Regular Hospital or Religious House or shall hinder that the profits of the said Houses be not received by those to whom they do of right belong let him lie underan Anathema till the said Jurisdiction Goods Estates Rents and Profits which he hath possessed and invaded or which have come to him any manner of way be restored to the Church and after that have Absolution from the Bishop of Rome So great a Terrour did this strike into the English Papists that were possessors of Church-Lands against whom this Anathema seems particularly directed that many of the zealous papists began to think of Restitution and Sir William Peters notwithstanding his private Bull of Absolution from Pope Julius the Fourth was so much startled at it as that the very next year he endowed eight new Fellowships in Exeter Colledge in Oxford Again the same Council Sess. 25. Decret de Ref. c. 20. Cupiens Sancta Synodus c. Decreeth and commandeth that all the Holy Canons and general Councils and Apostolick Sanctions in savour of Ecclesiastical Persons and the Liberties of the Church and against those that violate them be exactly observed by every one and doth farther admonish the Emperor Kings Princes and all Persons of vvhat estate soever that they vvould observe the Rights of the Church as the commands of God and desend them by their particular Patronage nor suffer them to be invaded by any Lords or Gentlemen whatsoever but severely punish all those vvho hinder the Liberties Immunities and Jurisdictions of the Church and that they vvould imitate those excellent Princes who by their Authority and Bounty encreased the Revenues of the Church so far were they from suffering them to be invaded and in this let every one sedulously perform his part c. And now after so full and express Declaration of the Council of Trent I do not see hovv any of those Roman Catholicks who esteem a general Council to be the supreme Authority in the Church and receive the Trent Council as such can any way excuse themselves in point of Conscience from those heavy Curses that are there denounc'd against all those that detain Church-Lands especially since the Papists themselves vehemently accuse King Henry the Eighth for sacrilegiously robbing of religious Houses and seising of their Lands a great part of which Lands are to this very day possess'd by Papists Now though there may be some Plea for the Popes Authority in the interim of a general Council and in such things vvherein they have made no determination yet in this matter there is no colour for any such pretences since the Council of Trent was actually assembled within few years after these Alienations and expresly condemned the possessors of Abby-Lands and after all this was all confirm'd and ratified by the Pope himself in his Bulla Super conf gen Concil Trid. A. D. 1564. And tho' we have here the Judgment of the infallible See as to this matter in the Confirmation of the Trent Council yet because there be some that magnifie the Popes extravagant and unlimited power over the Church and pretend that he confirm'd the Abby-Lands in England to the Lay-possessors of them I shall shew Secondly That the Pope neither hath nor pretends to any such Povver nor did ever make use of it in this matter under debate only I shall premise that whereas some part of the Canon-Law seem to allow of such particular alienations as are made by the Clerks and members of the Church with the consent of the Bishop yet such free consent was never obtained in England and as to what was done by force fraud and violence is of so little moment as to giving a legal Title that even the alienations that were made by Charles Martell who is among the Papists themselves as infamous for Sacrilege as King Henry the Eighth yet even his Acts are said to be done by a Council
pious works as he thought fit Vide Bullar Ludg. Vol. Ult. Fol. 220. Secondly When this very Pope was attended with the English Ambassadors that came to his Confirmation the Pope found fault with them That the Church-yards were not restored saying that it was by no means to be tolerated and that it was necessary to render all even to a Farthing because the things that belong to God can never be apply'd to humane uses and he that withholdeth the least part of them is in a continual state of Damnation that if he had power to grant them he would do it most readily but his authority was not so large as that he might prophane the things that are dedicated to God andlet England be assur'd that this would be an Anathema c. F. Pauls H. of the Council of Trent p. 392. SleidaniCom P. 779. And all this was said by the Pope within four Months of the pretended Confirmation Thirdly The private Bull to Sir W. Peters bears date within two Months after the pretended Confirmation vide Sir W. Dugdales Eccl. Col. Fol. 207. the Title of which Bull is this The Bull of Paul the Fourth Bishop of Rome in which he confirms to Sir W. Peters all and singular the Sales of several Mannors c. sometimes belonging to Monasteries which the said Sir W. Peters is ready to assign and demise to spiritual uses Then follows the Bull it self which saith That this Confirmation was humbly desired from us and that there were reasonable Causes to perswade it viz. a Petition exhibited by the said Sir W. Peters that the Mannors c. belonging to certain Monasteries and sold to him by King Henry the Eighth which he is ready to assign and demise to spiritual uses may be approved and confirmed to him wherefore the said Pope doth acquit and absolve him being inclined by the said supplications c. By which Bull Sir W. Peters had no power given him to keep those Lands or dispose of them to his Heirs but only to distribute them to such religious uses as he thought best Now it is a most implorable thing that Sir W. Peters should petition the Pope for a limited Dispensation if the whole Nation as is pretended had been absolutely dispenc'd with but two Months before without any limitation at all So that either there was no such General Confirmation or else it was limited with the same restrictions as that to Sir W. Peters viz. to bestow them upon spiritual Uses Aud this is the only probable Reason why in England this Bull is wholly suppress'd and lost In confirmation of this it may be observed that Cardinal Pool notwithstanding his Dispensation earnestly exhorted all Persons by the Bowels of Christ Jesus that not being unmindful of their Salvation they would at least out of their Ecclesiastical Goods take care to encrease the Endowments of Parsonages and Vicarages that the Incumbents may be commodiously and honestly maintain'd according to their Quality and Estate whereby they may laudibly exercise the cure of Souls and support the incumbent Burthens and farther urg'd the Judgments that fell upon Balthazar for converting the holy Vessels to prophane uses Fourthly Queen Mary who best understood what had been done after the time of this pretended Confirmation from the Pope restored all the Church-Lands that were then in the Crown saying That they were taken away contrary to the Law of God and of the Church and therefore her Conscience did not suffer her to detain them c. When she gave them to the Pope and his Legate to dispose of to the Honour of God c. she said She did it because she set more by the. Salvation of her Soul than ten such Kingdoms Heylins H. Ref. p. 235. And to this Act of Restitution she was vehemently press'd by the Pope and his Legate F. Paul's H. of the C. of Trent p. 393. Dudithius in vita poli p. 32. And these things thus restored by the Queen were disposed of by the Legate to several Churches Dudithius ib. From all which it 's evident that neither the Pope nor his Legate nor Queen Mary knew of any such Confirmations of these Alienations as would quiet the Conscience without restoring them to spiritual uses Fifthly Queen Mary not only did so her self but press'd it vehemently upon her Nobles and Parliament that they would make full Restitution Heylin p. 237. Sleidan p. 791. and several of them as Sir Thomas Pope Sir William Peters c. who had swallowed the largest morsels of those Lands did make some sort of Restitution tho' not to the Abbies themselves yet to Colledges and Religious Uses Sixthly This very Pope Paul the Fourth published a Bull in which he threaten'd Excommunication to all manner of Persons as kept any Church Lands to themselves and to all Princes Noblemen and Magistrates that did not forthwith put the same in Execution Heylin's Hist. Ref. p. 238. So that by a new Decree he retrieved all those Goods and Ecclesiastical Revenues which had been alienated from the Church since the time of Julius the Second Rycaut's Contin p. 112. So improbable a story is it that this Pope confirm'd these Alienations in England And whereas Dr. Johnston p. 173. hath these words Mr. Fox saith the Pope published a Bull in print against the restoring of Abby-Lands which Dr. Burnet affirms also Ap. Fol. 403. It is notoriously false they both asserting the contrary Dr. Burnet's Words in that very place are these The Pope in plain terms refused to ratifie what the Cardinal had done and soon after set out a severe Bull cursing and condemning all that held any Church-Lands Seventhly and lastly The succeeding Popes have been clearly of this opinion Pope Pius the Fourch who immediately succeeded this Paul confirm'd the Council of Trent and therein damned all the detainers of Church-Lands and tho' he was much importun'd to confirm some Alienations made by the King of France to pay the debts of the Crown yet he absolutely refus'd â—… F. Paul's H. C. Trent p. 713. Pope Innocent the Tenth first protested against the Alienations of Church Lands in Germany that were made at the great Treaty of Munster and Osnaburg A. D. 1648. and when that would not do by his Bull Nov. 26. in the very same Year damns all those that should dare to retain the Church-Lands and declares the Treaty void Instrumentum pacis c. Innocentii 10 me declaratio nullitatis Artic. c. and all their late Popes in the Bulla caenae do very solemnly Damn and Excommunicate all those who usurp any Jurisdiction Fruits Revenues and Emoluments belonging to any Ecclesiastical Person upon account of any Churches Monasteries or other Ecclesiastical Benefices or who upon any occasion or cause Sequester the said Revenues without the express leave of the Bishop of Rome or others having lawful power to do it c. And tho' upon Good-Friday there is published a general Absolution yet out of that are expresly excluded all
those who possess any Church-Lands or Goods who are still left under the sentence of Excommunication Toleti Instr. Sacord and his Explicatio casuum in Bulla canae Dni reserva From which considerations it's evident that it never was the design of the Pope to confirm the English Church Lands to the Lay-possessors but that he always urg'd the necessity of restoring of them to religious uses in order to which the Papists prevailed to have the statute of Mertmaln repealed for 20 Years In Queen Elizabeths Reign the factious Party that was manag'd wholy by Romish Amiffaries demanded to have Abbies and such religious Houses restored for their Use and A. D. 1585 in their Petition to the Parliament they set it down as a resolute Doctrine that things once dedicated to Sacred Uses ought so to remain by the Word of God for ever and ought not to be converted to any private use Bishop Bancrofts Sermon at p. c. A. D. 1588. p. 25. And that the Church of Rome is still gaping after these Lands is evident from many of their late Books as the Religion of M. Luther lately printed at Oxford p. 15. The Monks wrote Anathema upon the Registers and Donaticns belonging to Monasteries the weight and effect of which Curses are both felt and dreaded to this day To this end the Monasticon Anglicanum is so diligently preserved in the Vatican and other Libraries in Popish Countries and especially this appears from the obstlnate refusal of this present Pope to confirm these Alienations tho it be a matter so much controverted and which would be of that vast Use towards promoting their Religion in this Kingdom If therefore the Bishops of Rome did never confirm these Alienations of Church Lands but earnestly and strictly required their Restitution if they have declared in their Authentick Canons that they have no power to do it and both they and the last general Council pronounce an heavy Curse and Anathema against all such as detain them Then let every one that possesseth these Lands and yet owns either of these foreign Jurisdictions consider that here is nothing left to excuse him from Sacriledge and therefore with his Estate he must derive a curse to his Posterity There is scarcely any Papist but that is forward to accuse King Henry the 8th of Sacriledge and yet never reflects upon himself who quietly possesseth the Fruits of it without Restitution either set them not accuse him or else restore themselves Now whatever opinions the Papists may have of these things in the time of health yet I must desire to remember what the Jesuits proposed to Cardinal Pool in Doctor Pary's Days viz. That if he would encourage them in England they did not doubt but that by dealing with the Consciences of those who were dying they should soon recover the greatest part of the Goods of the Church Dr. Burnet's Hist. Vol. 2. p. 328. Not to mention that whensoever the Regulars shall grow numerous in England and by consequence butthensome to the few Nobility and Gentry of that Perswasion they will find it necessary for them to consent to a Restitution of their Lands that they may share the burthen among others For so vast are the Burthens and Payments that that Religion brings with it that it will be found at length an advantagious Bargain to part with all the Church Lands to indemnifie the rest And I am confident that the Gentry of England that are Papists have found greater Burthens and Payments since their Religion hath been allow'd than ever they did for the many years it was forbid and this charge must daily encrease so long as their Clergy daily grows more numerous and their few Converts are most of them of the meanest Rank and such as want to be provided for And that 's no easie matter to force Converts may appear from that excellent Observation of the great Emperor Charles the Fifth who told Queen Mary That by indeavouring to compel others to his own Religion i. e had tired and spent himself in vain and purchas'd nothing by it but his own dishonour Card. Pool in Heylins Hist. Ref. p. 217. And to conclude this Discourse had the Act of Pope Julius the Third by his Legate Cardinal Pool in confirming of the Alienation of Church Lands in England been as vallid as is by some pretended yet what shall secure us from an Act of Resumption That very Pope after that pretended Grant to Cardinal Pool published a Bull in which he excommunicated all that kept Abby Lands or Church Lands Burnets Hist. Vol. 2. p. 309. by which all former Grants had there been any were cancell'd His Successor Pope Paul the Fourth retrieved all the Goods and Ecclesiastical Revenues that had been alienated from the Church since the time of Julius the Second and the chief Reasons that are given why the Popes may not still proceed to an Act of Resumption of these Lands in England amount only to this That they may stay for a fair opportunity when it may be done without disturbing the Peace of the Kingdom From all which it 's evident that the detaining of Abby Lands and other Church Lands from the Monks and Friars is altogether inconsistent with the Doctrine and Principles of the Romish Religion The King's Power in Ecclesiastical Matters truly stated HIS present Majesty having erected an High-Commission Court to enquire of and make redress in Ecclesiastical Matters c. Q. Whether such a Commission as the Law now stands be good or not And I hold that the Commission is not good And to maintain my Opinion herein I shall in the first place briefly consider what Power the Crown of England had in Ecclesiastical or Spiritual Matters for I take them to be synonymous Terms before 17 Car. 1. ca. 11. And 2ly I shall particularly consider that Act of 17 Car. 1. ca. 11. And 3ly I shall consider 13 Car. 2. ca. 12. And by that time I have fully considered these three Acts of Parliament it will plainly appear That the Crown of England hath now no Power to erect such a Court. I must confess and do agree That by the common Law all Ecclesiastical Jurisdiction was lodged in the Crown and the Bishops and all Spiritual Persons derived their Jurisdiction from thence And I cannot find that there were any attempts by the Clergy to divest the Crown of it till William the First 's time in whose time and his Successors down to King John the Pope obtained four Points of Jurisdiction 1st Sending of Legates into England 2ly Drawing of Appeals to the Court of Rome 3ly Donation of Bishopricks and other Ecclesiastical Benefices And 4ly Exemption of Clerks from the secular Power Which four Points were gained within the space of an hundred and odd years but with all the opposition imaginable of the Kings and their People and the Kingdom never came to be absolutely inslaved to the Church of Rome till King John's time and then both King and People were
and so continued to be in a great measure in Henry III's time and so would in all likelihood have continued had not the wise Edward I. opposed the Pope's Usurpation and made â—… Statute of Mortmain But that which chiefly â—… the Neck of this was That after the Pope and Clergy had endeavoured in Ed. II's time and the beginning of Ed. III. to usurp again Ed. 3. â—… resist the Usurpation and made the Statutes of Provisors 25 Ed. 3. and 27 Ed. 3. And Richard II. â—… those Acts with 16 Rich. 2. ca. 5. and kept â—… Power in the Crown by them Laws which being interrupted by Queen Mary a bloody Bigot the Church of Rome during her Reign there was an Act made in 1 Eliz. ca. 1. which is intituled An Act to restore to the Crown the ancient Jurisdiction over the Estate Ecclesiastical and Spiritual and abolishing foreign Powers repugnant to the same From which Title I collect three things 1st That the â—… had anciently a Jurisdiction over the Estate Ecclesiastical and Spiritual 2ly That that Jurisdiction had for some time been at least suspended and the Crown had not exercised it 3ly That â—… Law did not introduce a new Jurisdiction but restored the Old but with restoring the old Jurisdiction to the Crown gave a Power of Delegating the Exercise of it And as a Consequence from the whole that all Jurisdiction that is lodged the Crown is subject nevertheless to the Legislative Power in the Kingdom I shall now consider what Power this Act of 1 â—… 1. declares to have been anciently in the â—… and that appears from Sect. 16 17 18. of the same Act. Section 16. Abolisheth all Foreign Authority in â—… Spiritual and Temporal in these words And the intent that all the Usurped and Foreign Power and Authority Spiritual and Temporal may for ever clearly extinguished and never to be used or obeyed within this Realm or any other Your Majesties Dominions or Countries 2. May it please Your Highness that it may be further Enacted by the Authority aforesaid That no Foreign Prince Person Prelate â—… or Potentate Spiritual or Temporal shall at any â—… after the last day of this Session of Parliament â—… enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledge Spiritual or Ecclesiastical within this Realm or within any other Your Majesties Dominions or Countries that now be or hereafter shall be but from â—… the same shall be clearly Abolished out of this â—… and all other Your Highness's Dominions for â—… any Statute Ordinance Custom Constitutions â—… any other matter or cause whatsoever to the contrary in any wise notwithstanding And after the said Act hath abolished all Foreign Authority in the very next Section Sect 17. It annexeth all Ecclesiastical Jurisdiction to the Crown in these words And that also it may likewise please Your Highness That it may be Established and Enacted by the Authority aforesaid That such Jurisdictions Priviledges Superiorities and Preheminences Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been or may lawfully be exercised or used for the Visitation of the Ecclesiastical State and Persons and for Reformation Order and Correction of the same and of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities shall for ever by Authority of this present Parliament be United and Annexed to the Imperial Crown of this Realm From these words That such Jurisdiction c. as by any Spiritual or Ecclesiastical Power or Authority had then-to-fore been exercised or used were annexed to the Crown I observe That the Four things aforesaid wherein the Pope had incroached were all restored to the Crown and likewise all other Ecclesiastical Jurisdiction that had been exercised or used in this Kingdom and did thereby become absolutely vested in the Crown Then Section 18. gives a Power to the Crown to assign Commissioners to exercise this Ecclesiastical Jurisdiction in these words And that Your Highness Your Heirs and Successors Kings or Queens of this Realm shall have full Power and Authority by Vertue of this Act by Letters Patents under the Great Seal of England to Assign Name and Authorize when and as often as Your Highness Your Heirs or Successors shall think meet and convenient and for such and so long time as shall please Your Highness Your Heirs or Successors such Person or Persons being natural horn Subjects to Your Highness Your Heirs or Successors as Your Majesty Your Heirs or Successors shall think meet to exercise use occupy and execute under Your Highness Your Heirs and Successors all manner of Jurisdictions Priviledges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these Your Realms of England and Ireland or any other Your Highness's Dominions and Countries 2. and to Visit Reform Redress Order Correct and Amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Jurisdiction can or may lawfully be Reformed Ordered Redressed Corrected Restrained or Amended to the pleasure of Almighty God the increase of Vertue and the conservation of the Peace and Unity of this Realm 3 And that such person or persons so to be named assigned authorised and appointed by your Highness your Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid shall have full Power and Authority by vertue of this Act and of the said Letters Patents under your Highness your Heirs and Successors to exercise use and execute all the premisses according to the tenor and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding So that I take it that all manner of Ecclesiastical Jurisdiction was in the Crown by the Common Law of England and declared to be so by the said Act of 1 Eliz. 1. and by that Act a power given to the Crown to assign Commissioners to Exercise this Jurisdiction which was accordingly done by Queen Eliz. and a High Commission Court was by her Erected which late and held Plea of all Causes Spiritual and Ecclesiastical during the Reign of Queen Eliz. King James the first and King Charles the first till the 17 year of his Reign Which leads me to consider the Statute of 17 Car. 1. ca. 11. which Act recites the Title of 1 Eliz ca. 1. and Sect. 18. of the same Act and recites further Section 2. That whereas by colour of some words in the aforesaid branch of the said Act whereby Commissioners are Authorized to execute their Commission acording to the tenor and effect of the Kings Letters Patents and by Letters Patents grounded thereupon the said Commissioners have to the great and insufferable Wrong and Oppression of the Kings Subjects used to Fine and Imprison them and to exercise other Authority not belonging to Ecclesiastical Jurisdiction restored by that Art and divers
other great Mischiefs and Inconveniences have also ensuid to the Kings Subjects by occasion of the said Branch and Commissions issued thereupon and the executions thereof Therefore for thr repressirg and preventing of the aforesaid abuses Mischiefs and Inconveniences in time to come by Sect. 3. the said Clause in the said Act 1 E. 1. is Repealed with a Non obstante to the said Act in these words Be it Enacted by the Kings most excellent Majesty and the Lords and Commons in this present Paliament Assembled and by the Authority of the same That the aforesaid Branch Clause Article or Sentence contained in the said Act and every word matter and thing contained in that Branch Clause Article or Sentence shall from benceforth be Repealed Annulled Revoked Annihilated and utterly made Void for ever any thing in the said All to the contrary in any wise notwithstanding And in Sect 5. of the same Act it is Enacted That from and after the First of August in the said â—… mentioned all such Commissions shall be void in these words And be it further Enacted Toat â—… and after the said First day of August no new Court should be erected ordained or appointed within this Realm of England or Dominion of Wales which shall or â—… have the like Power Jurisdiction or Authority as to said High Commission Court now bath or pretendeth â—… have but that all and every such Letters Patents Commissions and Grants made or to be made by â—… Majesty his Heirs or Successors and all Powers and Authorities Granted or pretended or mentioned â—… be granted thereby And all Acts Sentences and Decrees to be made by vertue or colour thereof shall â—… utterly void and of none effect By which Act then the power of Exercising Ecclesiastical Jurisdiction by Commissioners under the Broad-Seal is so taken away that it provided no such power shall ever for the future be Delagated by the Crown to any Person or Person whatsoever Let us then in the last place consider Whether the Act of 13 Car. 2. ca. 12. hath Restored this Power or not And for this I take it that it is not restored â—… the said Act or any Clause in it and to make that evident I shall first set down the whole Act â—… then consider it in the several Branches of it that relate to this matter The Act is Entituled An Act for Explanation of a Clause contained in an Act of Parliament made in the 17th Year of the â—… King Charles Entituled An Act for Repeal of a Branch of Statute in primo Elizabethae concerning Commissioners for Causes Ecclesiastical The Act it self runs thus Whereas in an Act of Parliament made in the Seventeenth Year of the â—… King Charles Entituled An Act for Repeal of a Branch of a Statute primo Elizabethae concerning Commissioners for Causes Ecclesiastical it is amongst other things Enacted That no Arch-bishop bishop nor Vicar-General nor any Chancellor nor â—… of any Arch-bishop Bishop or Vicar-General â—… any Ordinary whatsoever nor any other Spiritual Ecclesiastical Judge Officer or Minister of Justice nor any other person or persons whatsoever â—… Spiritual or Ecclesiastical Power Authority or Jurisdiction by any Grant Lisence or Commission of the King Majesty His Heirs or Successors or by any Power â—… Authority derived from the King his Heirs or Successors or otherwise shall from and after the First Day of August which then should be in the Year of our Lord â—… One thousand six hundred forty one Award Impose or Inflict any Pain Penalty Fine Amercement Imprisonment or other Corporal Punishment upon any of the Kings Subjects for any Contempt Misdemeanor Crime Offence Matter or Thing whatsoever belonging â—… Spiritual or Ecclesiastical Cognizance or Jurisdiction 2 Whereupon some doubt hath been made that all ordinary power of Coertion and proceeding in Causes acclesiastical were taken away whereby the ordinary cause of Justice in Causes Ecclesiastical hath been obstructed 3. Be it therefore Declared and Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords and Commons in this present Parliament Assembled and by the Authority thereof That neither the said Act nor any thing therein contained doth or shall take away any ordinary Power or Authority from any of the said Arch-bishops Bishops or any other person or persons named as aforesaid but that they and every of them Exercising Ecclesiastical Jurisdiction may Proceed Determine Sentence Execute and Exercise all manner of Ecclesiastical Jurisdiction and all Cenfures and Coertions appertaining and belonging to the same before any making of the act before recited in all Causes and Matters belonging â—… Ecclesiastical Jurisdiction according to the Kings Majesties Ecclesiastical Laws used and practised in this â—… in as ample Manner and Form as they did and might lawfully have done before making of the said Act. Sect. 2. And be it further Enacted by the Authority aforesaid That the afore recited Act of Decimo â—… Car. and all the Matters and Clauses therein contained excepting what concerns the High-Commission Court or the new Erection of some such like court by Commission shall be and is thereby Repealed to all intents and purposes whatsoever any thing cause or sentence in the said Act contained to the contrary not withstanding Sect. 3. Provided always and it is hereby Enacted that neither this Act nor any thing herein contained shall extend or be construed to revive or give Force to the said Branch of the said Statute made in the said First Year of the Reign of the said Late Queen Elizabeth mentioned in the said Act of Parliament made on the said Seventeenth Year of the Reign of the said King Charles but that the said Branch of the said Statute made in the said First Year of the Reign of the said Late Queen Elizabeth shall stand and be Repealed â—… such sort as if this Act had never been made Sect. 4. Provided also and it is hereby further Enacted That it shall not be lawful for any Arch-bishop Bishop Vicar-General Chancellor Commissary or any other Spiritual or Ecclesiastical Judge Officer or Minister or any other person having or exercising Spiritual or Ecclesiastical Jurisdiction to Tender or Administer unto any person whatsoever the Oath usually called the Oath Ex Officio or any other Oath whereby such person to whom the same is tendered or Administred may be charged or compelled to Confess or Accuse or to purge him or her self of any Criminal matter or thing whereby he or she may be liable to Censure or Punishment any thing in this Statute or any other Law Custom or Usage hertofore to the contrary hereof in any wife notwithstanding Sect. 5. Provided always That this Act or any thing therein contained shall not extend or be construed to extend to give unto any Arch-bishop Bishop or any other Spiritual or Ecclesiastical Judge Officer or other person or persons aforesaid any Power or Authority to Exercise Execute Inflict or determine any Ecclesiastical
Consciences of the Church of England Men and â—… the Foundation of our State If Mr. Pen â—… his Disciples had condemn'd the unlawfulness the Declarations and the Dispensing Power â—… they wrote so fast for Liberty of Conscience they had then shew'd a generous zeal for a just freedom in Matters of Religion and at the same â—… a due veneration to the Legislative Power Kings Lords and Commons but the secret of the â—… was to maintain and Erect a Prerogative â—… all Acts of Parliament and consequently to produce upon that bottom Tyranny and Popery yet â—… all this uncontroulable Power and â—… of Grandeur an Easterly Wind and a Fleet Fly-Boats would cancel and undo all again Our â—… Historians relate of King John that being some distress he sent Sir Tho. Hardington and â—… Sir Ralph Fitz-Nichols Ambassadours to â—… the great Emperour of Morocco with â—… of his Kingdom to him upon Condition he should come and aid him and that if he prevail'd â—… would himself turn Mahometan and renounce â—… I will not insist upon the violations of Laws and Treaties in the Low Countries or the Spanish â—… over them because the Spaniards have got so much by that Persecution and Cruelty that they might be tempted to practise the like again for forcing the Netherlanders to take up Arms for their defence and by necessitating Queen Elizabeth â—… and preserve them they have set up a â—… and Glorious State as they themselves have call'd them in some Treaties that hath preserv'd â—… languishing Monarchy of Spain and the Liberty of Christendim The base and cowardly Massacre of that great â—… William Prince of Orange of the Renowned â—… Coligny and the Prince of Conde the many bloody Conspiracies for the Extirpation of the whole Race of the House of Orange The Murders â—… Henry the 2d and Henry the 4th are all Rewards and everlasting Monuments of Popish Barbarity What incredible Effusion of Blood hath been occasion'd by the frequent revolts of the Popes against the Emperours by he Image-Worship and the Holy Wars What Treachery in the Bohemian Transactions and Treaties What Inhumanity burning Jerome of Prague and John Hus when they had the Emperours Pass and all other â—… securities from the Council it self that put to â—… those two Good Men. The Reign of Queen Mary is another Scene of the Infidelity and Treachery of the Church of Rome what Oaths did she take what Promises and Protestations did she make to the Suffolk Men who had set the Crown upon her head and yet they were the first that felt the strokes of a Persecution from Her. Read her History in Fox's Martyrs and Doctor Burnet's History of the Reformation The many Conspiracies to destroy Queen Elizabeth and King James the Gunpowder Plot the Counsels carried on in Popish Countries to take off King Charles the First and the many late Popish Plots are a continued Series and Thred carried on by the Church of Rome to break thro' all Laws both of God and Man to erect an Universal Monarchy of Priest-Crast and to bring the whole World under their Yoke The Sweeds have taken an effectual and commendable way to keep Popish Priests and Jesuits those â—… and disturbers of Societies the declared Enemies to the Welfare of Mankind out of their â—… by Gelding them and consequently rendring them incapable of Sacerdotal Functions tho' the Priests have found out a Salvo and will say Mass and Consess if they can procure their Testicles again and carry them in their Pockets either preserv'd or in Powder In aethiopia China and Japan the Roman Priests have been so intolerably turbulent and such extravagant Incendiaries that they have been often Banished and put to Death so that now they disguise themselves all over the Eastern Nations under the Names and Characters of Mathematicians Mechanicks Physicians c. and dare not own their Mission to propagate a Faith which is grown ridiculous all over Asia The long and dreadful Civil Wars of France the many Massacres and Persecutions and lastly the Siege of Rochel are living Instances how far we may rely upon Engagements and Laws both as to the taking of that Bulwark and the promised relief from hence The Protestant Defenders of it refusing to rely any longer upon Paper Edicts and the Word of a Most Christian King had this City granted them as a Cautionary Town for their Security for before they had always been deluded out of their Advantages by fair promises insignificant Treaties and the word of a King yet Lewis the 13. following the vitious Examples of Treacherous Princes fell upon this Glorious City which upon the account of their Laws and Priviledges made a resistance and brave defence having never heard of Passive Obedience amongst their Pastors thinking it more lawful to defend their Rights than it was for Lewis to invade them As for the late and present Reign here in England they are too nice and tender things for me to touch whether the Transactions of them are consistent with the Coronation-Oaths the many Declarations Protestations publick and solemn Promises I am no fit Judge they are more proper for the Gravity of an Historian or the Authority of a Parliament to handle than for a private Gentleman in a Letter to his Friend The Bishops Papers and the P. of Orange's Declarations are the best Memoirs of them but they only begin where the two parts of the History of the growth of Popery and Arbitrary Government left off and how far we may trust to Catholick Stipulations Oaths and Treaties the facts of past and the present Age are the best Criterions and Rules to guide and determine us for what happens every day will in all probability happen to morrow the same Causes always produce the same Effects and the Church of Rome is still the same Church it was a hundred years ago that is a Mass of Treachery Barbarity Perjury and the highest Superstition a Machine without any principle or setled Law of Motion not to be mov'd or stopt with the weights of any private or publick Obligations a Monster that destroys all that is sacred both in Heaven and Earth so Ravenous that it is never content unless it gets the whole World into its Claws and tears all to pieces in order to Salvation a Preteus that turns it self into all shapes a Chamelion that puts on all Colours according to its present circumstances this day an Angel of Light to morrow a Beelzehub Amongst all the Courts of Christendom where I have conversed that of Holland is the freest from Tricks and Falshood and tho' I am naturally jealous and suspitious of the Conduct of Princes yet I could never discover the least Knavery within those Walls it appear'd to me another Athens of Philosophers and the only Seat of Justice and Vertue now left in the World as for the Character of the Prince of Orange it is so faithfully drawn by Sir Will. Temple Doctor Burnet and in a half sheet
and the King wanted Money then a new severe Law against the Dissenters was offered to the angry men of the Church-party as the price of it and this seldom sail'd to have its effect so that they were like the Jewels of the Crown pawned when the King needed Money but redeem'd at the next Prorogation A Reflection then that arises naturally out of the Proceedings in the Year 1660. is That if a Parliament should come that would copy after that pattern and repeal Laws and Tests The King's Offers of Liberty of Conscience as may indeed be supposed will bind him till after a short Session or two such a meritorious Parliament should be dissolved according to the precedent in the Year 1660. and that a new one were brought together by the same Methods of changing Charters and making Returns and then the Old Laws de Heretico Comburtedo might be again revived and it would be said that the Kings Inclinations are for keeping his Promise and Granting still a Liberty of Conscience yet he can deny nothing to a Loyal and Catholick Parliament III. We pay all possible respect to the King and have witnessed how much we depended on his promises in so signal a manner that after such real Evidence all words are superfluous But since the King has shewed so much zeal not only for his Religion in general but in particular for that Society which of all the other Bodies in it we know is animated the most against us we must crave leave to speak a little freely and not suffer our selves to be destroyed by a Complement The Extirpation of Hereticks and the Breach of Faith to them have been Decreed by two of their General Councils and by a Tradition of several Ages the Pope is possessed of a power of dissolving all Promises Contracts and Oaths not to mention the prviate Doctrines of that Society that is so much in favour of doing Ill that Good may come of it of using Equivocations and Reservations and of ordering the Intention Now these Opinions as they have never been renounced by the Body of that Church so indeed they cannot be unless they renounce their Infallibility which is their Basis at the same time Therefore though a Prince of that Communion may very sincerely resolve to maintain Liberty of Conscience and to keep his Word yet the blind Subjection into which he is brought by his Religion to his Church must force him to break through all that as soon as the Doctrine of his Church is opened to him and that Absolution is denied him or higher Threatnings are made him if he continues firm to his merciful Incliations So that supposing His Majesties Piety to be as great as the Jesuits Sermon on the Thirtieth of January lately printed carries it to the uttermost possibility of Flesh and Blood then our Fears must still grow upon us who know what are the Decrees of that Church and by consequence we may infer to what his Piety must needs carry him as soon as those things are fully opened to him which in respect to him we are bound to believe are now hid from him IV. It will further appear that these are not injust Inferences if we consider a little what has been the Observation of all the Promises made for Liberty of Conscience to Hereticks by Roman Catholick Princes ever since the Reformation The first was the Edict of Passaw in Germany procured chiefly by Ferdinand's means and maintained indeed religiously by his Son Maximilian the Second whose Inclinations to the Protestant Religion made him be suspected for one himself but the Jesuits insinuated themselves so far into his Younger Brother's Court that was Archduke of Grats that this was not only broken by that Family in their Share but though Rodolph and Mathias were Princes of great Gentleness and the latter of these was the Prorector of the States in the beginning of their War with K. Philip the Second yet the violence with which the House of Grats was possessed overturned all that so that the breaking off the Pacificatory Edicts was begun in Rodolph's time and was so far carried on in Mathias's time that they set both Bahemia and Hungary in a Flame and so begun that long War of Germany 2. The next Promise for Liberty of Conscience was made by Queen Mary of England but we know well enough how it was observed The Promises made by the Queen Regent of Scotland were observed with the same Fidelity after these came the Pacificatory Edicts in France which were scarce made when the Triumvirat was formed to break them The famous Massacre of Paris was an instance never to be forgot of the Religious Observance of a Treaty made on purpost to lay the Party asleep and to bring the whole Heads of it into the Net This was a much more dreadful St. Partholomew than that on which our Author beflows that Epithere pag. 15. and when all seemed setled by the famous Edict of Nantes we have seen how restless that Party and in particular the Society were till it was broken by a Prince that for thirty years together had shewed as great an aversion to the Shedding of Blood in his Government at home as any of his Neighbours can pretend to and who has done nothing in the whole Tragedy that he has acted but what is exactly conform to the Doctrine and Decrees of his Church so that it is not himself but his Religion that we must blame for all that has fallen out in that Kingdom I cannot leave this without taking notice of our Author's Sincerity who page 18. tells us of the Protestants entring into their League in France when it is well known that it was a League of Papists against a Protestant Successor which was afterwards applied to a Popish King only because he was not zealous enough against Hereticks But to end this List of Instances at a Countrey to which our Author bears so particular a kindness when the Dutchess of Parma granted the Edict of Pacification by which all that was past was buried and the Exercise of the Protestant Religion was to be connived at for the future King Philip the Second did not only ratifie this but expressed himself so fully upon it to the Count of Egmont who had been sunt over to him that the easie Count returned to Flanders so assured of the King's Sincerity that he endeavoured to perswade all others to rely as much on his Word as he himself did It is well known how fatal this Confidence was to him and see Mettren lib. 3. that two years after this that King sent over the Duke of Alva with that severe Commission which has been often Printed in which without any regard had to the former Pacification or Promises the King declared That the Provinces had forfeited all their Liberties and that every man in it had forfeited his Life and therefore he authorised that numerciful man to proceed with all possible rigor against them It is also
shall stipulate to object himself in case of his failure to have his â—… cut or his Nose stir by the other with security given that he shall not be prosecuted for executing this part of the Agreement the Penalty is heavy enough to discourage a Man from breaking his Contract but on the other side it is of such a kind that the other how much soever â—… may be provoked will not in cold blood â—… to inflict it Such an extravagant Clause would seem to be made only for shew and sound and no man would think himself safer by a thing which one way or other is sure to prove ineffectual In a publick Case Suppose a Government so constituted that a Law may be made in the nature of a Bargain it is in it self no more than a dead â—… the life is given to it by the execution of what it containeth so that let it in it self be never so perfect it dependeth upon those who are intrusted with seeing it observed If it is in any Countrey where the chief Magistrate chuseth the Judges and the Judges interpret the Laws a Penalty in any one particular Law can have no effect but what is precarious It may have a loud voice to threaten but it has not an hand to give a blow for as long as the Governing Power is in possession of this Prerogative but who will chuse the Meat if they chuse the Cooks it is they that will give the taste to it So that it is clear that the rigour of a Penalty will not in all cases fix a Bárgain neither is it Universally a true Position that the increase of punishment for the breach of a new Law is an Equivalent for the consent to part with an old one XVIII In most Bargains there is a reference to the time to come which is therefore to be considered as well as that which cometh within the compass of the present valuation Where the Party Contracting hath not a full power to dispose what belongeth on him or them in Reversion who shall succeed after bim in his Right he cannot make any part of what is so limited to be the condition of the Contract Further he cannot enjoyn the Heir or Successor to forbear the exercise of any Right that is inherent to him as he is a Man neither can he restrain him without his own consent from doing any act which in it self is lawful and liable to no objection For Example A Father cannot stipulate with any other Man that in Cousideration of such a thing done or to be done his Son shall never Marry because Marriage is an Institution Established by the Laws of God and Man and therefore no body can be so restrained by any power from doing such an act when he thinketh fit being warranted by an Authority that is not to be controuled XIX Now as there are Rights inherent in Mens persons in their single capacities there are Rights as much fixed to the Body Politick which is a Creature that never dieth For instance There can be no Government without a Supreme Power that Power is not always in the same hands it is in different shapes and dresses but still whereever it is lodged it must be unlimited It hath a jurisdiction over every thing else but it cannot have it above it self Supreme Power can no more be limited than Infinity can be measured because it ceaseth to be the thing it s very being is dissolved when any bounds can be put to it Where this Supreme Power is mixed or divided the shape only differeth the Argument is still the same The present State of Venice cannot restrain those who succeed them in the same prower from having an entire and unlimited Sovereignty they may indeed make present Laws which shall retrench their present Power if they are so disposed and those Laws if not repealed by the same Authority that enacted them are to be observed by the succeeding Senate till they think fit eto abrogate them and no longer for if the Supreme Power shall still reside in the Senate perhaps composed of other Men or of other minds which will be sufficient the necessary consequence is that one Senate must have as much right to alter such a Law as another could have to make it XX. Suppose the Supreme Power in any State should make a Law to enjoyn all subsequent Law-makers to take an Oath never to alter it it would produce these following Absurdities First All Supreme Power being instituted to promote the safety and benefit and to prevent the prejudice and danger which may fall upon those who live under the protection of it the consequence of such an Oath would be that all Men who are so trusted shall take God to witness that such a Law once made being judged at the time to be advantageous for the publick though afterwards by the vicissitude of times or the variety of accidents or interests it should plainly appear to them to be destructive they will suffer it to have its course and will never repeal it Secondly If there could in any Nation he found a set of Men who having a part in the Supreme legislative Power should as much as in them lieth betray their Country by such a criminal engagement so directly opposite to the nature of their Power and to the Trust reposed in them If these Men have their power only for life when they are dead such an Oath can operate no farther and though that would be too long a Lease for the life of such a Monster as an Oath so composed yet it must then certainly give up the ghost It could bind none but the first makers of it another generation would never be tied up by it Thirdly In those Countries where the Supreme Assemblies are not constant standing Courts but called together upon occasions and composed of such as the People chuse for that time only with a Trust and Character that remaineth no longer with them than that Assembly is regularly dissolved such an Oath taken by the Members of a Senate Diet or other Assembly so chosen can have very little effect because at the next meeting there may be quite another set of Men who will be under no Obligation of that kind The eternity intended to that Law by those that made it will be cut off by new Men who shall succeed them in their power if they have a differing Taste or another Interest XXI To put it yet farther Suppose a Clause in such a Law that it shall be criminal in the last degree for any Man chosen in a subsequent Assembly to propose the repealing it and since nothing can be Enacted which is not first proposed by this means it seemeth as if a Law might be created which should never die But let this be Examined First such a clause would be so destructive to the being of such a Constitution as that it would be as reasonable to say that a King had right to give or
sell his Kingdom to a foreign Prince as that any number of Men who are intrusted with the Supreme Power or any part of it should have a right to impose such shackles upon the Liberty of those who are to succeed them in the same Trust. The ground of that Trust is that every Man who is chosen into such an Assembly is to do all that in him lieth for the good of those who chose him The English of such a Clause would be that he is not to do his best for those that chose him because though he should be convinc'd that it might be very fatal to continue that Law and therefore very necessary to repeal it yet he must not repeal it because it is made a Crime and attended with a Penalty But secondly to shew the emptiness as well as injustice of such a Clause it is clear that although such an Invasion of Right should be imposed it will never be obeyed There will only be Deformity in the Monster it will neither sting nor bite Such Lawgivers would only have the honour of attempting a contradiction which can never have any success for as such a Law in it self would be a madness so the Penalty would be a Jest which may be thus made out XXII A Law that carrieth in it self Reason enough to support it is so far from wanting the protection of such a Clause or from needing to take such an extraordinary receipt for long Life that the admitting it must certainly be the likeliest and the shortest way to destroy it such a Clause in a Law must imply an opinion that the greatest part of mankind is against it since it is impossible such an exorbitance should be done for its own sake the end of it must be to force Men by a Penalty to that which they could not be perswaded to whilst their Reason is left at liberty This Position being granted which I think can hardly be denied put the case that a Law should be made with this imaginary Clause of Immortality after which another Assembly is chosen and if the majority of the Electors shall be against this Law the greater part of the Elected must be so too if the choice is fair and regular which must be presumed since the supposition of the contrary is not to come within this Argument When these Men shall meet the Majority will be visible before-hand of those who are against such a Law so that there will be no hazard to any single Man in proposing the Repeal of it when he cannot be punished but by the Majority and he hath such a kind of assurance as cometh near a Demonstration that the greater Number will be of his mind and consequently that for their own sakes they will secure him from any danger For these Reasons where-ever in order to the making a Bargain a Proposition is advanc'd to make a new Law which is to tye up those who neither can nor will be bound by it it may be a good Jest but it will never be a good Equivalent XXIII In the last place let it be examined how far a Promise ought to be taken for a Security in a Bargain There is a great variety of Methods for the Security of those that deal according to their Dispositions and Interests some are binding others inducing circumstances and are to be so distinguished First Ready Payment is without exception so of that there can be no dispute in default of that the good Opinion Men may have of one another is a great ingredient to supply the want of immediate Performances Where the Trust is grounded upon Inclination only the Generosity is not always return'd but where it springeth from a long Experience it is a better foundation and yet that is not always secure In ordinary dealing one Promise may be an Equivalent to another but it is not so for a thing actually granted or conveyed especially if the thing required in exchange for it is of great value either in it self or in its consequences A bare Promise as a single Security in such a case is not an equal proposal if it is offered by way of addition it generally giveth cause to doubt the Title is crazy where so slender a thing is brought in to be a suppliment XXIV The Eearnest of making good a Promise must be such a behaviour preceding as may encourage the party to whom it is made to depend upon it Where instead of that there hath been want of Kindness and which is worse an Invasion of Right a Promise hath no perswading force and till the Objection to such a Proceeding is forgotten which can only be the work of time and the skin is a little grown over the tender part the wound must not be touch'd There must be some Intermission at least to abare the smart of unkind usage or else a Promise in the eye of the party injur'd is so far from strenthening a Security that it raiseth more doubts and giveth more justifiable cause to suspect it A Word is not like a Bone that being broken and well set again is said to be sometimes stronger in that very part It is far from being so in a Word given and not made good Every single Act either weakeneth or improveth our Credit with other men and as an habit of being just to our Word will confirm so an habit of too freely dispensing with it must necessarily destroy it A Promise hath its effect to perswade a man to lay some weight upon it where the Promiser hath not only the power but may reasonably be supposed to have the will of performing it and further that there be no visible Interest of the party promising to excuse himself from it or to evade it All Obligations are comparative and wher they seem to be opposite or between the greater and the lesser which of them ought to have precedence in all respects every man is apt to be his own Judge XXV If it should fall out that the Promiser with full intent at the time to perform might by the interposition of new Arguments or differing Advice think himself oblig'd to turn the matter of Conscience on the other side and should look upon it to be much a greater fault to keep his word than to break it such a Belief will untye the strictest Promise that can be made and though the Party thus absolving himself should do it without the mixture or temptation of private Interest being moved to it meerly by his Conscience as then informed yet how far soever that might diminish the Fault in him it would in no degree lessen the inconveniences to the party who is disappointed by the breach of an engagement upon which he relyed XXVI A Promise is to be understood in the plain and natural sense of the words and to be sure not in his who made it if it was given as part of a Bargain That would be like giving a Man power to raise the value of his
of Bishops as is acknowledg'd by Dr. Johnston in his assurance of Abby-Lands p. 27. I shall proceed to shew First That the Pope hath no such power as to confirm these Alienations and this is expresly determined by the insallible Pope Damasus in the Canon-Law Caus. 12. 9. 2. c. 20. The Pope cannot alienate Lands belonging to the Church in any manner or for any necessity whatsoever both the buyer and the seller lie under an Anathema till they be restored so that any Church-man may oppose any such Alienations and again require the Lands and Profits so alienated So that here we have a full and express Determination of the infallible See. And tho' in answer to this it is urg'd by Dr. Johnston that this Canon is with small difference published by Binius in the Councils and so as to confine it to the suburbicacy Diocess of Rome yet that this Answer is wholly trivial will appear First Because if the Bishop of Rome hath no Authority to confirm such alienations in his own peculiar Diocess where he hath most power much less can he do it in the Provinces where his power is less Secondly That in all Ecclesiastical Courts of the Church of Rome it is not Binius's Edition of the Councils but Gratian's Collection of Canons that is of Authority in which Book these words are as here quoted Thirdly Since this Book of the Popes Decree hath been frequently reprinted by the Authority and Command of several Popes and constantly used in their courts this is not to be look'd upon as a Decree of Pope Damasus only but of all the succeeding Popes and in the opinion of F. Ellis Sermon before the King Decem. 5. 1686. p. 21. what is inserted in the Canon-Law is become the Judgment of the whole-Church Fourthly It 's absolutely forbid by Pope Gregory the Thirteenth in his Bull ptefixed before the Canon-Law A. D. 1580 for any one to add or invert any thing in that Book So that according to this express Determination in the Popes own Law the Bishops of Rome have no power to confirm any such Alienations as have been made in England and agreeable to all this Pope Julius the Fourth the very Person that is pretended to have confirm'd these Alienations declar'd to our English Ambassadors that were sent upon that Errand That if he had power to grant it he would do it most readily but his Authority was not so large F. Paul's H. of Council of Trent Land. A. D. 1629. p. 392. And therefore all Confirmations from the Bishop of Rome are already prejudg'd to be invallid and of no force at all Secondly No Bishop of Rome did ever confirme them The Breve of Pope Julius the Third which gave Cardinal Pool the largest powers towards effecting this had this express limitation Salvo tamen in his quibus propter renem magnitudinem gravitatem haec Sancta sedes merito tibi videritur consulenda nostro prefatae sedis beneplacito conformatione i. e. Saving to us in these matters in which by reason of their weight and greatness this holy See may justly seem to you that of right it ought to be consulted the good pleasure and confirmation of us and of the holy See which is the true English to that Latin and that this whole Kingdom did then so understand these words is evident from the three Ambassadors that were sent to Rome the next Spring viz. Viscount Montecute Bishop of Ely and Sir Edward Carn these being one to represent every state of the Kingdom to obtain of him a Confirmation of all those Graces which Cardinal Pool had granted Burnet's H. Ref. p. 2. f. 300. So that in the esteem of the whole Nation what the Cardinal had done was not vallid without the Confirmation of the Pope himself Now this Pope Julius and the next Marcellus both dyed before there is any pretence of any Confirmation from Rome but this was at length done by Pope Paul the Fourth is pretended and for proof of it three things are alledged First The Journals of the House of Commons where are these wordes After which was read a Bill from the Popes Holiness confirming the doing of my Lord Cardinal touching the assurance of Abby-Lands c. Secondly a Bull of the same Pope to Sir Will. Peters Thirdly The Decrees of Cardinal Pool and his Life by Dudithius To all which I answer First That it s confess'd on all hands that there is no such Bull or Confirmation by Pope Paul the Fourth to be any where found in the whole World not any Copy or Transcript of it not in all the Bullaria nor our own Rolls and Records tho' it be a matter of so great moment to the Roman Catholicks of England and what cannot be produced may casily be denied Nor can it be imagin'd that a Journal of Lay-persons that were parties concerned or a private Bull to Sir Will. Peters or some hints in the Decrees and Life of the Cardinal will be of any moment in a Court at Rome whensoever a matter of that vast consequence as all the Abby-Land's in England shall come to be disputed especially if it be observed that this very Journal of the house of Commons is no publick Record but hath past through private hands hath been corrupted and defaced and that in Passages of the greatest moment as are the words of of W. Hakewell Esq in his Observation upon them 70 Years since printed A. D. 1641. And whereas the Journal's of the House of Lords are true Records and kept by their proper Officer there is not one word to be sound of any such confirmation Secondly If there ever was any such Bull it had this limitation in it that the Possessors of such Lands should bestow them all on Colleges Hospitals parochial Ministers or other such like spiritual Uses and this I prove First Because the famous Instances that are usually given of the Popes Alienations of Church Lands were only a changing them from one religious Use to another Thus when Pope Clement the Fifth A. D. 1307 supprest the Knights-Templars in this Nation and seiz'd all their Lands and Goods he gave them all to the Hospitallers of St John of Jerusalem and that was ratified in Parliament 17. Fdw. Second which Act sets forth That tho those Lands were escheated to the Lords of the Fee by the said Dissolution yet it was not lawful to detain them When Pope Clement the Seventh A. D. 1528 gave Cardinal Woolsey a Power to surpress several Monasteries he was to transferr all their Goods and Possessions to his Collegiate Church at Windsor and to Kings College in Cambridge and when the same Pope gave the same Cardinal many other Religious Houses it was for the endowing Christ-Church in Oxford and his College in Ipswich And to name no more when Pope Alexander the seventh A. D. 1655. suppress'd the Order of the Fratres Cruciferi he disposed of all their Houses Farms and Rights to such uses and