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A52597 The king's authority in dispensing with ecclesiastical laws, asserted and vindicated by the late Reverend Philip Nye ...; Lawfulnes of the oath of supremacy and power of the King in ecclesiastical affairs Nye, Philip, 1596?-1672. 1687 (1687) Wing N1495; ESTC R17198 36,268 70

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of God to be only Jure Humano and may be otherwise and was so in the Primitive Church in her greatest purity Pastors and People were not then as now engaged in this Relation and one to another by a Parochial Bond or Tye but injoyed a Christian Liberty voluntarily to dispose of themselves under such or such a Ministry as they should make choise of to themselves The Church is said in this State to be in greatest purity The Congregational-way therefore is not a way in this learned Judg's Opinion of Disorder and Confusion as is frequently suggested 2. And that it is in the Power of Supream Majesty to dispense with a Parishioner as well as with a Pastor or Rector in such a Case that is to remove from his Parish to another for more suitable Enjoyments as for a Rector upon his Majesty's Dispensation to be a Non-resident and take another Rectory the division of Parishes being Jure Humano What those Things and Matters of Religion are in the Judgment of our State that comes under the Manage of humane Wisdom and Power are well expressed in Queen Elizabeth's Advertisement These Orders and Rules ensuing have been meet and convenient to be used and followed yet not prescribing these Rules as Laws equivalent with the Eternal Word of God and as of necessity to bind the Consciences of our Subjects in the nature of them considered in themselves Or as they should add any Efficacy or more Holiness to the Vertue of Publick Prayer and to the Sacraments but as temporal Orders meerly Ecclesiastical without any vain Superstition and as Rules in some part of Discipline concerning Decencies Distinction and Order for the time And in the Articles of 1562 It is not necessary that Traditions and Ceremonies be in all Places one or utterly alike for at all times they have been divers and may be changed according to the diversity of Countries and Mens Manners so that nothing be ordained against God's Word It is granted that even these Ecclesiastical Laws ought to be conformable to the Word of God and to those General Rules laid down in the Scriptures for ordering the Worship and Service of God in the Churches as Let all things be done decently and to Edification Give no offence to Jew or Gentile and the like and not to be the meer inventions of Men. That distinction some would make of things against or contrary and what is according to the Word of God the one they apply to Matters of Faith the other to Matters of Order It is a Distinction without a Difference there is more Wit than Truth in that Interpretation of Christ's Words He that is not with me is against me and in another place he that is not against me is with me applying the one to Matters of Faith the other to Matters of Order There is no such distinction to be made but Rites Ceremonies and Matters of Order ought to be according to God's Word as well as Matters of Faith. Magistrates are to judg Circa Res Ecclesias de iis si Fidei sint dogmata Vel ritus et Ceremoniae earumque Veritatem et Equitatem juxta Verbi Divini normam Mocket de pol. Eccl. Angl. cap. 3. And the Power of the King stands not in forming new Articles of Faith or Forms of Religion such as were Jeroboam's Calves but in defending and propagating that Faith and Religion of which God in the Scriptures is the undoubted Author saith Mason of Bishops lib. 3. cap. 5. It is evident those Holy Men our first Reformers made no such distinction but that all should be done according to God's Word laying before them these general Rules in Scripture even in retaining what hath been so offensive For of the retaining Ceremonies there is this account by them given Because they appertain to Edification whereunto all things done in the Church as the Apostle teacheth ought to be referred And of our Liturgy thus There is nothing to be read but the very pure Word of God and the Holy Scriptures or that which is evidently grounded upon the same Preface to the Common-Prayer Book God be thanked saith good King Edward the 6th we know both what by his Word is meet to be reformed and have amended c. It is convenient thus distinctly to have insisted upon what we term Religion or Matters Ecclesiastical according to that sense in which the Civil Magistrate assumes to himself the ordering thereof And what influence the Scriptures and Authority of God hath or ought to have in these Rites of the Church and Matters of Order as well as in Matters of Faith for hereby it appears whence it is Mens Consciences are more concerned in these Laws than in other Municipal Laws of the Nation And that the not being free to submit to these Ecclesiastical Laws when not formed according to God's Word is no Evidence of that Seditious Spirit that kicks against all Laws SECT 2. There is a necessity and that of much greater importance Provisions be made of Dispensations c. as occasion shall be in respect to Laws Ecclesiastical than in Civil In Matters of Religion and the Worship of God 1. Multitudes there are of loose and profane Persons in respect to such neither are the Laws in themselves nor in the execution of them severe enough 2. Against Popish Recusants the Laws have been severe enough yet in the execution great moderation 3. There are those and blessed be God great Multitudes who are not only Orthodox in Faith but of unblamable Life in the greater Things of Law and Gospel These are fallen under most severe Laws and of late with greatest severity put in execution and utterly ruin'd if there be no means of relaxation It is in behalf of these I argue this Necessity and that from these and the like Considerations 1. There is a greater proneness in Conscientious Men to scruple and to be doubtful in their Obedience to the Ecclesiastical than to the Civil Laws of a Nation as before 2. Great Difficulty in forming Laws wherein Mens Consciences are immediately concern'd so as not to dissatisfy some if not many 3. If those Laws be not according to Scripture in the apprehensions of those that are to obey whatsoever they are in themselves it is our Sin if we obey it is not so in Civil Commands 4. It is not of so ill Consequence for us to yield Obedience to a Civil as to an Ecclesiastical Law if ill constituted by the State. 5. From what is found in a manner peculiar in these our Ecclesiastical Laws and the Administration of them many ways prejudicial to the Subject there is a necessity some such provision of this kind be found on our behalf 1. The real Scruples and Doubts about our Obedience in these Ecclesiastical Matters cannot but be more and greater than in other Laws The knowingest Man in these Things knoweth but in part and the most Men have but a parcel in this part It is true the
was said not to be of this World or to his Person or Offices that they contribute no more to the setling of Civil Rights and Interests Luke 12.13 or to Gospel-Weapons which being Spiritual and not Carnal have no Edg to cut off Mens Liberties Estates or Lives 2. The Nature of this Trust The Laws and Institutes by which these Ecclesiastical Matters are to be managed are appointed and established for Substance by the Wisdom and Authority of that one Law-giver Christ Jesus The Application of these Laws in respect of Circumstances for the well and comfortable enjoying Gospel-Ordinances is all that any Humane Wisdom hath to do in them the Trust whereof may be placed in the Hand of a wise and prudent Prince Again There is liberty of an after-Judgment to be made by him that is to practise in what-ever is of the Concerns of Religion commanded by Men. Thence such Laws require not such simple and peremptory Obedience if conformable to those Rules required in the Word Obedience thereunto is with respect to God as well as Man if otherwise that choice ought to be left to the Subject which the Apostle claimed Acts 5.29 Although Matters of Religion and the Concerns of it be great Things considered in themselves and accordingly is the Trust yet what of it falleth under the Hand of a Civil Power considered in it self is not so Because the greatness of this Trust sticks generally in Mens Minds especially when in the disposal thereof it depends upon the Will of one Man. To remove this or the like Stumbling-block we will suppose failings in the management of the Trust as great as rationally can be imagined 1. Suppose his Majesty should refuse either by Himself or Parliament to enjoin any thing of Ceremony or Circumstance about these Ceremonies and Externals the Worship and Service of God. Or 2. suppose he should dispense with all Injunctions and leave the People of God to their Liberty in the observance of them the Premisses last mentioned being considered there can be no great prejudice to the Common-Wealth or Civil Affairs thereby Distinctly we shall weigh each of these 1. For the former If the keeping or omitting of a Ceremony in it self considered is but a small thing as we mentioned before and of such a nature as although at first 't were of Godly Intent and purposely devised yet at length turned to Vanity and Superstition and burdened Mens Consciences without cause c. as we our selves acknowledg See Preface to Common-Prayer Book And of the same condition are most of those Impositions which have proved burthensom to the Nation a long time and if so the not imposing of these things cannot be prejudicial to Church or State. Not to the Church if these Directions for Gospel-Worship in the external Circumstances of it were not reduced into Canons and Injunctions but left where they are to be taken up in practice according to the Light of the Age as are Gospel-Duties of great Consequence Those Scriptures by which States profess themselves to be guided in the forming of these Ecclesiastical Laws are intrusted also in the Hands of his Gospel-Ministers for their conduct and direction in ordering Gospel-Affairs who have Gifts and Assistances from Christ in such a measure and degree as cannot be expected in the ablest Statesman as such And the Ecclesiastical Laws are never so well ordered by Civil Powers as when they consult with and take advice and direction from the Ministers of the Gospel about them To advise new Rites and Ceremonies saith Bishop Bilson is not the Prince's Vocation but to receive and allow such as the Scriptures commend and as the Bishops and Pastors of the Place shall advise Of Suprem p. 226. 2. If there were no such severe Injunctions about the Forms and Modes of Gospel-Worship I speak not of such Duties of Religion in which Mens Natures are principled 1. The Nation could not hereby suffer in respect of its Civil Concerns but the Wealth and Trade c. much more prosperous The Things being small in themselves and become great only upon the account of their being injoined and the greatness of Penalties annexed become of great concernment to the State that is to the great prejudice thereof as hath been apparent in many Years sad experience What is it of moment to Common-Wealths for the quickning of Trade keeping up of Rents c. or any particular Man's Civil Concern that Men kneel or not at the Sacrament crossing or not crossing in Baptisin c. 2. For the other A dispensing with all Penalties annexed to Ecclesiastical Laws where these Penalties are removed yet these Laws remain as Counsels and Advertisements and being consulted by the Learned Clergy in their Synod and commended as useful in the Administration of Worship this is as much as ever was done by the Apostles when Churches were in their greatest purity who endeavoured not so much to establish an External Uniformity as to preserve Christian Liberty If it be said They had then no Christian Magistrates 1. We say The Kingdom of Christ must come into a Nation before it be Christian and if it be so defective in its first address for want of such a Magistrate and of the Means we put so great an Esteem upon for reducing a People how will the People ever become Christians And on the other side if the Gospel hath a sufficiency in it self without borrowing to subdue a Pagan Nation to Christianity much easier it is being such to preserve them orderly and regular Christians Paul having instructed and counselled left his People free and to the perswasion in their own hearts Rom. 14.5 One Man esteemeth one day above another another Man esteemeth every day alike let every Man be fully perswaded in his own mind That was but a Counsel or Advertisement In the Act for Conformity in 1. Eliz. given to the Arch-Bishop Bishops and other Ordinaries that they would endeavour to perform their Duties in the Execution of that Act it was indeed very solemn that is from the Queen's Majesty the Lords Temporal and all the Commons in the present Parliament and in God's Name and as they will answer before God for such Evils and Plagues as may be punishments for the neglect thereof There hath been no want of Obedience hereunto by the Bishops being fully perswaded in their Hearts hereof as their Duty of which if they had not been so perswaded the severest Penalties would or ought to have been in vain King James orders throughout the Kingdom that the Afternoon's Exercise each Lord's Day be spent in examining Children in their Catechism instead of Preaching This is only commended as the most convenient and laudable way of teaching in the Church of England and that such Preachers be most encouraged and approved of And how readily was this immediatly practised throughout the Nation and is continued in many places to this day In the Establishment of Uniformity 2 Edw. 6. a Liberty was left in