the Constitution Let us suppose therefore the word Government confined only to the Constitution There is the Constitution of the Government in the State which is a Legal Monarchy and this indeed we are so far bound from endeavouring to alter as that we think it is not alterable by the King himself and Parliament because that Supream Power for the Administration must be supposed in all Communities to be derived from and held by the Constitution But as for Government in the Church we are to know and acknowledge that the Constitution hereof it self is but a Law of the Administration in reference to the State And consequently when all Laws for the Administration are liable to the Regulation of Parliaments the great question will remain how those Men who are Presbyterian or Independent in their Judgment and think Episcopacy against the Scripture can be abridged the Endeavour only afore-mentioned which consists but in choosing Representatives and doing no more than the Consitution allows in order to the prosecution of what they think themselves obliged to in Conscience both by Oath and the Word of God Is not the foundation Liberty of the whole People and our selves with them here in danger Judg ye that are wise And what an anointed Plot have we had here on the Nation that Allegiance in effect should be sworn to the Bishops as well as to the King For the Words then or Form we wonder at this Rigour in the Compiler that a Man must swear not to endeavour any Alteration Had it not been enough to be engaged not to endeavour the Alteration of the Substance of our Government Episcopacy in the Church and Monarchy in the State but must it be not any Alteration It were well we were so absolutely perfect And again must they not at any time endeavour any alteration What if times should turn and we be in as great a confusion as we were or any the like chance or change come Must these Men be bound up that they cannot endeavour to reduce back this Government that we have No not the King and Bishops if the Iniquity of the times should put them out for they have sworn they will not at any time endeavour any alteration in Church or State Sirs The matter of this obligation being against the fundamental Freedom of the Subject and Parliament and the words you see so ensnaring and that against the duty all owe to the publick good We offer it you to consider in the first place whether this last part be according to Righteousness For the middle part of the Oath Here is a position of taking Arms by the Kings authority against any Commissionated by him which must be sworn to as abhord and traiterous There is now a Case in the mouths of all the understanding Refusers of the Oath and Subscription Suppose some Writ sued out and comes to the Sheriffs hands and suppose some to oppose the Execution by the Kings Personal Command or Commission and he thereupon raises the posse Comitatus upon them We will ask here whether the Sheriff acts not herein by the Kings Authority We think it cannot be denyed By the Kings Authority is all one as by the Law or in the Name of the King according to Law And when he can act so against any for all their Commission and the Law will bear him out how is this position in this Case traiterus and to be abhord for our parts we do resolutely believe that it was not ever the intent of the Parliament in this Oath or the Subscription as to the Major part we may be bold to advance the personal Will or Commission of the King above Law which were to make his power despotical and not Royal. Non est Rex says Bracton ubi dominatur voluntas non Lex He is no King that governs by his will and not by the Law And how this position indefinitely without exception of this Case at least must be sworn to as altogether traiterous we are to learn What if any should come with a Commission under the Seal to raise Money without an Act of Parliament and by vertue of such Commission shall seize our Goods rifle our Houses and ravish our Wives May not the People or our inferiour Magistrates or the Sheriff for the County withstand such violence May not the Constable alone by a Warrant from the Justice to keep the Peace raise the Neighbourhood and do it If he may or the Sheriff may it must be in the Name of the King or by Authority of the Law and then is there some Case or Cases where Arms or Force may be raised by the Authority of the King against such as are Commissionated by him though never against his own Sacred Person Suppose again that Papists or Fanaticks should either by Power or Surprize at any time get the King into their hands as the Duke of Guise once dealt with the French King and prevail with him for fear of his life to grant Commissions under His Hand and Seal destructive to the Church and State must the Nation be remediless in this Case and so the King and Kingdom ruin'd by these Commissions Nay what security hath the Nation that a Lord Keeper may not prove Traytor to his King and Countrey If we may suppose such a thing possible what if such a Lord Keeper should under the Broad Seal grant Commissions to disband His Majesties Life Guard deliver up the Navy or Sea-port Towns seize the Tower or places of strength in what a Condition were the King and Kingdom brought if the Subjects hands be bound up by an Oath not to resist or take Arms against the execution of such Commissions Suppose but so long as till they understand his design for by that time the whole Nation may be past recovery We are offended at the sense and stand amazed at the horrour of those sad Consequences into which the Imposition of such like Tests or Injunctions as these if not timely retrenched may lead our Posterity The Courts of Law can avoid the Kings Charters or Commissions which are passed against Law for the King is subject to the Law and Sworn to maintain it says Judg Jenkins in his Works p. 48. As for the form then of the words I abhor this Traiterous Position they are harsh the word abhor especially is a word of interest and passion a cooler word as I disown or disallow might have served Some of the more Grave as Calamy particularly were much offended at that word A Man may say a thing is unlawful in his Conscience when he cannot say according to truth I abhor it There is never a Gentleman in the Land but may swear truly that he believes it unlawful to company with any other Woman as his own Wife but if each one was put to swear he abhors it we suppose some very good Sons of the Church as well as our Brethren would be found willing to be Non-conformists to such an Oath Well
up the dull mind of Man to remembrance of his duty by some edifying signification But the Cross being a Ceremony applied to Children who are uncapable of having their minds stirred up by any thing signified thereby it is manifestly retained without their profit We will enforce the Argument By the same reason as we retain the Cross in Baptism the other Ceremonies in Popery which are left may be readmitted As we use the Cross to signifie that the Child must fight manfully under Christs Banner we may use the Chrism wherein the Cross was used to be made to signifie the Christians anointing to the Combate and so forward There is nothing can be replyed hereto in good earnest but that it is true if the Church pleased to enjoyn it so we might We urge consequently By the same reason as the Church hath relinquisht the Chrism in Baptism it may leave the Cross also that is only if it please so to vote in a needful Convocation And that it should do so there is cause enough if there were nothing else to be said but this only that as for all other Ceremonies enjoyned the Conformists may plead that they are but Circumstances of Worship wherein the Church hath proper Authority to appoint what is decent and orderly But for any solemn intire Rite which is no Circumstance of the Ordinance unto which it is appended or any ways in genere necessary thereunto if this also be enjoyned we shall have no bottom or banks set to the appointment of Ceremonies how far this Sea shall go and no farther than so We will heap no more matters of this kind for they are infinite And it is some relief to our thoughts that the Parliament we thank God did come to be a little sensible of it in so much as they were near content one Session to Cashier this Declaration quite There does remain now therefore the Subscription and this question which will arise upon it Whether there be not as good reason in regard to the most sober Consciences to take away this subscripttion in the Act of uniformity and the Oath in the Oxford Ast as well as the Declaration of Assent and Consent and here making first our humble Protestation that we intend nothing hereby but loyally to the Government we must present the Sheet before mentioned to their renewed consideration The Subscription is this I A. B. do declare That it is not lawful upon any Pretence whatsoever to take Arms against the King And that I do abhor that Traiterous Position of taking Arms by his Authority or those Commissionated by him And that I will conform to the Liturgy of the Church of England as it is now by Law establish'd And I do declare That I do hold there lyes no Obligation upon me or any other person from the Oath commonly called the solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawfull Oath and imposed upon the Subjects of the Realm against the known Laws and Liberties of this Kingdom The Oath this I A. B. do swear That it is not lawful upon any Pretence whatsoever to take Arms against the King And that I abhor that Traiterous Position of taking Arms by his Authority against his Person or against those that are Commissionated by him in pursuance of such Commissions And that I will not at any time endeavour any alteration of Government either in Church or State In this Oath and Subscription we have the matter and the form of words that is the Substance and the Composure The one whereof and the other in both are lyable to the ensuing Exceptions Which we desire may be taken with Candor in respect only to our design that is as argumentative for the removal of these Injunctions Not as peremptorily definitive of our own judgments and much less of others above our Sphear in all the Cases contained in them To begin with the Oath Here are three parts of it The first part appears not for we speak it humbly only and argumentatively consistent with Judgment the second with Truth nor the third with Righteousness We will take up the last part first And I will not endeavour any alteration of Goverment There is no Government on Earth so perfect that it hath need of Laws like the Medes and Persians Government may be considered in the Administration or the Constitution The word Government here is set down indefinitely without distinction Alteration of Laws and so Government in the Administration is as necessary many times upon emergent occasions to the Body politick as the fresh Air is to the natural This Oath was brought into the House to have been made Common It were not a thing righteous to have had that engagement laid on persons in such a capacity It is not righteous to have it laid on any that are Free-holders and free Subjects as we are The Constitution of our Nation as Parliamentary is such that no Law can be establish'd or repealed but it must pass the House of Commons and so the whole Body doth concur in their representatives to every alteration of Government or in the Government that is made if it be legal And no house of Commons are chosen but by the people Every Englishman is inteâ—â—â—â—d to be there present either in person or by procuration and the consent of the people is taken to be every mans consent says Sir Thomas Smith de Rep. Angl. l. 2. c. 2. Nay while the King consilio assensu Baronum leges olim imposuit universo Regno by the counsel and assent of his Barons did give Laws to his whole Realm consentire inferior quisque visus est in persona Domini sui Capitalis prout hodie per procuratores Comitatus every Inferior seemed to consent in the person of his chief Lord as now they do by their Burgesses and Knights of the Shires says Sir Henry Spelman This is so true that in this sensâ—â—â—â— is that the Laws that pass are said to 〈◊〉 Quas vulgus elegerit Which the people sâ—â—ll choose Now then if every free Subjâ—â—t hath a fundamental liberty to choose Kâ—ights and Burgesses and accordingly to inform them of their Grievances and petition them for Redress and in them as their Representatives do consent to the alteration of Government and Laws if there be any as profitable to the Nation How can such an Oath be imposed on him That he will not endeavour any alteration as this is Is not choosing Burgesses informing them petitioning them acting and legalâ—y consenting in them to that end an endeavour and that as much as can be in their Place and Calling And no more than an Endeavour in their Place and Calling was challenged by any It is true the new Laws may be made and old repealed without alteration of the Constitution But not without alteration of Government because Government takes in both the Administration and
THE Peaceable Design BEING A MODEST ACCOUNT OF THE Non-conformist's Meetings With some of their Reasons for Non-conformity And the way of Accommodation in the matter of Religion Humbly proposed to publick consideration by some Ministers of London against the sitting of Parliament in the Year 1675. Printed in the Year MDCLXXV TO THE READER WE humbly Judge our Circumstances have made it something necessary to give the World a Tast of some of those many reasons which have prevailed with us to be averse to that conformity which we are called to by Law Which had it sprung from any Disloyal or Rebellious Principles could not have been consistent with that inward Peace which we must judge our great concernment to be solicitous to maintain We hope save in the matters of our God the Principles which are truly ours will urge us to be subject unto Authority and we do here profess that it is our full perswasion that the Powers in being are of God and that should we do any thing derogatory to their due Honour Rule and Interest it would be wickedness to be punish'd by the Judge and introductive of our Eternal ruine and damnation We are not unmindful of the high charges which are laid upon us to Honour the King and to be subject to the Higher Powers And God forbid that we should ever desire or design to enter into the Tents of those who are inclin'd or love to smite authority with either hand or tongue or to supplant the Throne which God hath honoured and guarded both by Laws and providence We cannot think the Sword well placed in Peters hands nor that the Tongues or Hearts of any should be inflamed with rage nor exercised with an arbitrary censoriousness of Rulers actions seeing we neither can nor is it fit we should stand upon equal ground with them But we hope it cannot and that it will not be charged upon us as our crime or as the production of insolence to tell the World wherein and how we are distressed nor to make our modest offers and proposals and humble supplications as on the Knee unto our Rulers in whose power God hath placed it to alleviate or remove our burthens And it is their help and pity we earnestly implore Our perplexities are afflictive and our burthens heavy on us The reasons of our Non-conformity we in part offer modestly to our Superiours and as prostrate Supplicants at their feet we crave their consideration of them The Souls of Men are precious Gods Honour is our undoubted Interest and End Our own Liberty to Preach Christ not Sedition Treason or Rebellion is dear and would be grateful to us And the Character of our Consecration to God in the Gospel of his dear Son engraven on us at our Ordination we take to be indelible And we doubt not but that all who are acquainted with the Laws of Christ will own his charge upon us to be indispensible If we be dissatisfied about imposed terms of this our Ministerial Liberty we crave the Resolution of this weighty Case from our judicious learned and serious Fathers and Brethren in the Service of the Gospel We hope we are not too obstinate to receive convincing evidence and information from them only when we have but named some things as we pass which are of more general notice such as two of those three Heads laid down p. 20 21. we deplore a disquisition or satisfaction candidly sutable to their importance and the Volumes of dispute that have been writ and might be pointed to by us for enlargement We seriously promise them a quick and full retreat from our mistakes and hearty complyance with them when they offer what is truly fit to satisfie our doubts about matters in dispute betwixt them and us We have long born with patience many a smart reflection on us from both the Press and Pulpit together with all the severities to which we have been exposed by vertue of those Laws that have been made against us And yet resolve to use no other Weapons than Prayers and Tears the antient Weapons of all afflicted Christians nor shall our minds be we trust at any time exasperated into illegal courses for our own relief for such unwarrantable and justly condemned Principles we disown And we hope our peaceable principles tempers and demeanors will not turn to our disadvantage We have here laid our Case and Reasons a little open together with some proposals for a desired accommodation for our joynt promotion of that Work which is professed to be dear unto us all that so the prosperity and strength of Church and State may be promoted by us all without occasions of or inclinations to those mutual animosities in the Church which will become the sport and strength and great advantage of forrein and domestick Enemies and our great shame and disadvantage here at home As to the Materials of this short Treatise they have mostly been derived from a late Author whose Spirit in all his Writings hath breathed Peace at such a rate as that we think we may entitle him to the Character which St. Paul once fixed on Timothy that he naturally careth for the Peace and Wellfare of the Church of Christ and in that part especially which God hath seated in these His Majesties Dominions We humbly deprecate all Mens displeasure and crave the pardon of that excellent person whose Words and Actions seem weighed and governed still by His tender Conscience that two or three of us have so boldly and freely used his Writings without engaging his personal concernedness in the publication of these Sheets wherein we do assure the Reader That he had no hand as to the Printing or Publication of them whatever other use be made of him as to his Books and Papers Reader consider what is here offered to thy perusal and weigh the whole matter in an equal Ballance and pray with us that the intire interest of Holiness Truth and Concord may be establish'd and promoted to Gods Glory and the compleat felicity and security of His Majesty and of the Church and State in these His Dominions ERRATA PAg. 1. l 7. dele of 11. l. 14. add only p. 2. l. 5. add our p. 3. l. 24. for the r. that p. 4. l. 11. add lay l. 12. dele lay p. 6. l. 6. add of p. 9. l. 4. add Schoolmen p. 12. l. 19. for contain r. contained p. 16. l. 13. for and r. or p. 26. l. ult add booke p. 30. l. 4. for the r. that p. 32. l. 6. add against his person p. 35. l. 3. for People r. Parliament p. 46 l. 10. for Impurii r. Imperii p. 46. l. 14. add strong p. 46. l. 20. for Impurii r. Imperii p. 47. l. 16. for dinguish r. distinguish p. 52. l. 18. for sins r. lives p. 53. l 1. add be p. 61. l. 21. for enfoying r. enjoyning p. 65. l. 18. add not l. 19. for case r. ease p. 66. l. 14. for that r. as l. 15.