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A60703 Deo ecclesiæ & conscientiæ ergo, or, A plea for abatement in matters of conformity to several injunctions and orders of the Church of England to which are added some considerations of the hypothesis of a king de jure and de facto, proving that King William is King of England &c as well of right as fact and not by a bare actual possession of the throne / by Irænevs Junior ... Iraeneus, junior. 1693 (1693) Wing S4396; ESTC R14451 122,821 116

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which he hath no great reason to thank him for nor we to admit when the Court of Parliament have declared That the Three Kingdoms and all the Dominions thereunto belonging that the Royal State Crown and Dignity of the said Realms with all Honours Stiles Titles Regalities Prerogatives c. to the same belonging are most fully rightfully and intirely invested incorporated united and annexed in and to his Princely Person So that according to our Laws he is rightful King of England as well as de facto and by Virtue of his Possession and providential Promotion to the Crown nay they See the Act of Recognition viz. The Lords and Commons assembled in Parliament did recognize and acknowledge that their Majesties were are and of right ought to be by the Laws of this Realm our Sovereign liege Lord and Lady King and Queen of England c. Now W. S. p. 54. Case of Allegiance makes this demand viz Is it not saith he most reasonable to think that to be the Sense of the Law which learned Judges and Lawyers have agreed to be the Sense of it Is it not reasonable to take that to be the Sense of the Law which hath been the Sense of Westmins●●●-Hall Let him give me also leave to a●k one Qu●stion and that is Whether that be not the Sense of the Law which the Judges and Lawyers learned in the Law have declared in Parliament nay which in that High Court of Parliament have been declared to be * The Law of Man that is not contrary to the Law of Reason nor the Law of God but that is super-added unto them for better ordering the Commonwealth shall rule the Conscience and he that despiseth this Law of Man despiseth the Law of God See Dr. and Stud. Cap. 4. Cap. 19. Cap. 26. To fill up a vacant Throne is not contrary to the Law of God or Reason that our Throne was vacated is declared to be Law by our highest Court that we have in England That a King may abdicate the Realm Grotius saith is not to be doubted and Barclay saith cited by Grotius that if a King shall aliene his Kingdom and subject it to a Foreigner or leave it or act as an Enemy to the Destruction of the Community he looseth his Kingdom di jure Bell. Lib. 1. Cap. 4. Law And that I am sure it was as we have already heard viz. That King William is King de jure and according to the Laws of this Realm whose Declaration and Decree will bind the Subject in f●ro Conscientiae where it is not contrary to any moral Precept though they should be mistaken in their Judgment which is not to be supposed till a Court of equal Authority for there 's none Superior repeal their Act or reverse their Decree Obj. But perhaps it may be said that the Title of the Prince is a Matter above and no way cognizable in any ●●mane Court it being said of Kings that they judge all things but are judged of none especially as to Matters criminal for which they are only accountable to him who is the Judge of all the Earth for when Courts do sit and act by the King's Commission and Authority it can be scarce thought that any Prince should be so Trayterous to himself as to grant a Power to censure his Person or his Actions So that whatever the Parliament may have delared or enacted with respect to the late King's Actions however they may affect the Ministers of State who were the Advisers or Transactors of them yet all must be void with regard to the Person or Title of K. J. because they have interposed in that which is no way within the compass or purview of their Jurisdiction Res The House of Lords I take to be the Supreme Court of Judicature in England which though it be convened by the King 's Writ yet needs no special Commission to empower them to act that being a Right inherent in them and by the original Compact or Custom immemorial inseparable from them But suppose there be no King in our Israel the Master of the Ship fled the Waves run high must the Vessel sink all that are on board perish lest they should intrench upon the Prerogative of their Master Must they not consult their own safety for fear they should meddle with or consider the Actions of their Governour as being above their Cognizance Must the Community perish and Nation sink in Compliment to him that hath fled from them and left none to exercise his Authority over them Is not the universal Safety the Supreme Law But my last Reply to this Objection is that the Parliament of England hath not adjudged the Royal Succession or Title of the Crown a Matter above their Authority nor is it beyond the Sphere of their activity Let us hear what my Lord Cooke saith in the 4th Part of his Institutes Cap. 1. Of the Powers and Jurisdiction of Parliament for making Laws in proceeding by Bill it is so transcendant and absolute as it cannot be confined either for Causes or Persons within any bounds Of this Court it is truly said Si antiquitatem spectes est vetusatissima si dignitatem est honoratissima si jurisdictionem est capacissima Huic ego nec metas rerum nec tempora pono Virg. of which we have divers eminent Instances to induce In the 8th of Hen. 4. as my Lord Cooke hath it Instit Part. 4. Cap. 1. But I find it rather in the 7th of Hen. 4. Cap. 2. the Succession of the Crown was intailed to Hen. 4. Was not the Crown settled upon Hen. 7. by Act of Parliament and upon his Heirs before his Marriage with Elizabeth eldest Daughter and Heir of Edw. 4. of the House of York notwithstanding the Judgment formerly given in Parliament as we are about to take notice of for establishing the Title of the Crown in that Family Cook 's Institutes Part 4. Cap. 1. Many more Examples may be given to prove that the Title and Succession of the Crown is not a thing beyond the Notice and Authority of Parliament to intermeddle with But he who desires a more particular Information let him consult these Statutes 25 Hen. 8.22 28 Hen. 8.7 35 Hen. 8.1 1 Eliz. 3. 1 Jac. 1. Yet give me leave to mention one Case which happened in the Reign of Hen. 6. whose Crown whilst it was upon his Head was challenged by Richard Duke of York whose Claim was received and Plea heard in Parliament The Council alledged many and great Arguments in defence of the King's Title too many here to be inserted but that high Court upon a full Hearing on both sides gave Judgment for the Duke of York against the King though in actual Possession of the Government in these Words That Hen. 6. should reign during his Life the remainder to rest in Richard Duke of York and the lawful Heirs of his Body in general Tail King Henry 's Heirs to be excluded
Nation satisfied in the Belief of the Truth all future Claims and Pretences to the Crown annulled and quasht which their own Interest if no other Argument might have prevailed with the Court to have condescended to And when this be answered I 'll believe as the then Rampant Roman Faction would have me believe But things of so great concern being every where questioned and disputed one would have thought that if the P. of O. had askt a greater thing then to have a Parliament freely called to have sit upon and considered these weighty Affairs it would not have been denied by the late King as a thing unreasonable who at last condescending Writs were issued some Members chosen (a) Vbi judicia deficiunt ibi incipit bellum Grot. de jure Bell. pac Lib. 2. Cap. 1. But all of a suddain those which were not yet issued were supprest those sent abroad superseded and the Parliament in its birth annulled and stifled the Broad-Seal of England he vilely cast away into the Thames and at last betaking himself to (b) Si rex aut alius quis imperium abdicavit ant ma ifeste habet pro derelicto in ●um post id tempus omnia licent que in privatum Id●m Lib. 1. Cap. 4. flight turned his Back upon the Nation leaving it without any Provision for its Government to shift as well as it could for it self Obj. But is it not very unjust to drive him away by force and then charge his flight as a Crime upon him when he durst stay no longer Res This is the common Objection which those who are back Friends to their Country Men who are satisfied neither full nor fasting frequently make use of to banter and if it could be bafle those who assert the Legality of our present Setlement But ' ●will be no hard matter to evade the dint of it for as to his Fear it was but rational there being none that was not more stupid than a Stoick but in so great a Convulsion of State must exceedingly fear and tremble as to the Force pretended to be up on him we utterly deny it for when the Posture of Affairs had made it necessary for the P. of O. to come to London and the King himself had invited him to St. James's it could not be thought safe for the King to continue at Whitehall lest any justle betwixt the Guards might occasion Bloodshed and hazard his Person wherefore he was desired to withdraw to Ham-house or any other place he should choose But finding the Fire he had kindled had made the Nation too hot for him he deserted and fled into France But he that hath raised a Storm cut off the chief * The Parliament Anchor which should secure the Vessel hath as little reason to alledge his hazard in defence of his sliting the Vessel and abdicating his trust to the Mercy of the Sea as to blame the Ship 's Crue for electing a new Pilot in the absence of the former to manage it in it's danger and steer it into the Harbour In this great and eminent Conjuncture and Emergency the States of the Realm assemble to consult Methods and concert Measures for the publick Safety which High-Court beyond which we have no appeal did upon mature deliberation great Debate and weighty Arguments declare resolve and decree (a) For this reason the Crown was setled upon the Prince and Princess of Orange The Words mentioned in the Instrument of Setlement are these viz. And whereas the late King James II. having abdicated the Government and the Throne being thereby vacant c. Act. 1st William and Mary That the King 's leaving of the Realm in such a manner was an Abdication of the Kingdom whereby the Throne was vacated and consequently the Government was dissolved Which Resolution and Judgment was by this present Parliament confirm'd ratified and recognized in these Words viz. We do recognize and acknowledge your Majesties were are and of right ought to be by the Laws of this Realm our Sovereign liege Lord and Lady King and Queen of England c. By Virtue of which repeated Judgment and Decree he is King not only de facto but de jure according to the Laws of our own Country which Judgment is either according to Truth or mistaken if the first by all Mens Opinions it ought to be obey'd but if mistaken yet we are bound to observe it and I think may do it with a good Conscience because we are no Judges of Law especially in so intricate and difficult a Case Suppose an Estate be decreed in Chancery to A. when perhaps according to right it belongs to B. as afterwards may appear by a Reverse of that Judgment given in Parliament upon an Appeal made thither yet A. may lawfully hold the Possession of the Estate against B. till the Decree be reversed for though the Decree was not made according to Law yet according to Law it binds till it be corrected by another Judge or annulled by a Superior Court Now this Judgment of Parliament concerning the Abdication of the Realm and Vacancy of the Throne though we should suppose it mistaken yet that Court being Judge of the Law we are bound by the Judgment they give because they and not we are Judges of such Matters Now the Author of the Case of Allegiance doth grant Pag. 54. That what Prince we must obey and to what particular Person we must pay our Allegiance the Law of God doth not tell us but this we learn from the Laws of the Land Now the Law of our Land saith we must pay our Allegiance to King William So that according to this Rule he is King of right as well as of fact Now his Question is whether if a King de jure be dispossessed of his Throne and a King de facto be possessed of it without a legal Right to which of these two the Subjects are bound to pay their Allegiance But I take this not to be our present case for according to the Judgment and Decree of the highest Court of Judicature the late King (a) Obj. But King James was King de jure Res So was Charles II. but both their Rights are extinct one being naturally the other dead in Law as is decreed by the highest Court in England And he that sits upon the Throne declared by the same to have as good right to the Crown he wears as his Predecessor before he gave up the Ghost I mean his Kingdom to provide for it self is not the King de jure for this Act of Abdication is declared by our Law not to be a bare Dispossession of the Throne but a total Extinguishment of his Right And that if he should be ever restored to these Kingdoms again he must receive a new Investiture or else he cannot be King And whereas he seems to suppose our King William only to be King de facto and without legal right possessed of the Throne
Divine Command to the contrary And why then also may she not injoin Caelibacy or single Life as she shall esteem it convenient for there 's no command to the contrary as Aquinas observes Nemo ex praecepto tenetur nubere and I believe he spake truth for unless it be in some particular Cases no Man is oblig'd to Marry for then St. Paul would not have said He that marries does well but he that abstains does better And now whatever I have spoken upon this Argument I have done it in the Truth and Integrity of my Heart out of no design to embroil but rather to promote the Welfare and Peace of the Church as well as of the Consciences of private Men and thereby to extinguish those Flames which the Sparks of these controverted Rites have enkindled for Solomon saith If we take away the Wood the Fire will go out Nor have I Wyar-drawn the Truth or warpt the Rule of it to make it agree with Peace Non studendum est paci saith the Father in detrimentum verae Doctrinae But have endeavoured to take Measures from Scripture Reason and Charity But if now I should be mistaken and should have taken my mark amiss I am the more convinc'd of the necessity of Toleration and compliance in Matters which are of no greater Figure in Religion than what we have mentioned Because as Dr. Taylor saith Even then when a Man thinks he hath most reason to be confident he may easily be deceived But I shall leave all to the Judgment and Censure of those reverend and worthy Persons whom the King hath Commissioned to sit on such Matters and to review the Liturgy This was writ during their Authority Let the Righteous smite me and it shall be a kindness Though to those Ralleries with which Tracts of this nature are commonly entertained according to the direction of Mr. Hooker in his Ecclesiastical Polity I shall reply nothing because as the wise Man saith Fool 's rage and are confident But suppose the Matters alledged be not contrary to any Divine Precept yet they may be and are offensive and scandalous to good Christians though perhaps but weak in the Faith and is there not as much Charity and Forbearance to be shewed to such especially living peaceably though uneasie to themselves submitting to the Ordinances of Men for Conscience sake rather than make any Schism in the Church as hath been extended to some who have not only differed from it in Doctrine but wholly abandoned its Communion I shall instance in several Rasures which have been made in the Common Prayer by Arch-bishop Land least Matter of Scandal or Offence should be given to the Arminians and our dear Friends the Papists Hence we find that those Words used in the Morning Prayers for the King viz. Who art the Father of thine Elect and of their Seed were expunged which the Arch-bishop in his Speech in the Star-Chamber excuses as being done in his Predecessors time by the King's Command But this alters not the case in hand but as some have more than guessed that because the Words seemed too much to favour the Opinion of a particular assurance of Election and personal Adoption or Salvation which gave offence to some in the Church who had other Sentiments they were commanded to be rased Others also both within and without the Church who would not allow the Pope to be Antichrist were much offended with these Words in our Liturgy viz. Root out that Babilonish and Antichristian Sect which are changed into these Words viz Root out the Romish and Babilonish Sect Which the Arch-bishop saith he did by the King's Order that he might not offend but remove scandal from the Papists And do we not owe as much to the Members of our own Church Shall we shew such forbearance towards our most implacable Enemies Whilst we hang a Mill-stone about the Necks of our Brethren and Friends even when we are invited to remove the Stones of stumbling and Rocks of offence out of the way The same Arch-bishop declaring That it was of dangerous Consequence to avow that the Popish Religion was Rebellion though this Clause passed saith he in King Jame's time yet he made an Alteration by the King's Command and saw it Printed see the Star-Chamber Speech p. 34. So that the Liturgy it self hath not been a Noli me tangere in former days but have passed an expurgatory Index and forc'd to part with such Expressions and Clauses as have been adjudged scandalizing of and reflecting upon the Roman Party Nor ought we to be uncharitable to any yet shall we do good to all but those of our own Houshold of Faith and Religion Besides what doth the late unpararelled deliverance of our Church from that Ruine it was so lately at the brink of require of us But to do justly to walk humbly and to shew mercy to redeem its former Disciplinary Cruelties and severe Usages by which our Brethren of the same Faith and Reformed Religion have been formerly harassed and treated with My design is not to rifle the two last Reigns or Proceedings against the Non-Conformists for Instances or Arguments to prove our Assumption The Author of the Plea for the Non-Conformists hath given us a taste of that Cup which was bitterly wrung out among us Yet I hope I may look a little further back and show you that the later Severities acted upon our Brethren was by a Transmigration of that ancient Spirit of Cruelty which heretofore informed and ruled in the great Abettors of Conformity By which we shall not only see clearly the Wisdom and Love of God in putting it into the Hearts of our Governours to proclaim Liberty to the Captive and to let the Oppressed go free But also to nominate and appoint Persons of Understanding and consequently of an excellent Spirit to find out such a Temper that those Boutefeus which have formerly put us in a flame may be never able to officiate as Incendiaries amongst us for the future So extreamly Arbitrary were the Censures of the high Commission-Court and Star-Chamber that some have weighed them in the same Ballance against the (a) With the Papists there is a severe Inquisition and with us as 't is used a bitter high Commission Sir Edw. Dering Col. Speech Inquisition This I am sure that the Wisdom and Justice of our Nation thought fit to make a Law to abrogate them and remove them as the great Nuisances which pestered both our Church and State When Ecclesiastical Persons were brisk in inflicting corporal Punishments and pecuniary Mulcts and Amercements Persons of the most liberal Professions and Education have been treated like Rogues and Villains for no other Reasons than their writing and speaking against the most Arbitrary Proceedings and Innovations in Religion and Divine Worship Which were adjudged so enormous and flagitious that they were used kindly if they came off with their Ears cropt their Noses slit their Cheeks burnt and stigmatized with
an hot Iron As appears by the Epistle to the King from the Arch bishop of Cant. on whom all their Severities were fathered I shall rather saith he magnifie your Clemency that proceeded with those Offenders Burton Bastwick and Prin in a Court of Mercy as well as Justice It being the Opinion of some of their Judges that their Lives might have been exacted for their Offences And the Reason the Arch-bishop gave was because their malignant Principles were introductive of a Parity in the Church and State Heylin also would be thought to make it appear that they deserved Death Moderat Answ p. 187. which is agreeable to a Passage I have met with in a nameless Author or Tract though revised and published by publick Authority in Scotland Sundry of our prime Lords and Earls did present a Supplication to our King after his Coronation in Scotland I suppose wherein the Matter of the greatest Complaint was so far as ever we heard their challenging the Bishops with what they had done or were likely to do The Copy of this privy Supplication being privily conveyed by an unfriend some two or three Years after out of my Lord of Balmarinoch's Study or Chamber was a Ditty for which he was condemned to die for an Example to all other Noblemen to beware of the like rashness especially his fellow Supplicants who are all declared to have deserved by that fault the same Sentence of Death And the Sense the King had of it is expressed in the King 's large Declarat p. 13. viz. We were graciously pleased that the Fear and Example might teach all by the Punishment only of one of them to pass by many who undoubtedly had been included and involved by our Laws in the same Sentence if we had proceeded against them Large Declarat p. 13. Such was the Power and Influence they had with a Prince who was so great a Votary to the Innovators in Religion as to venture his Crown yea and lose it too in their quarrel But Death had been a favour to some of those Punishments which were inflicted upon this score as may be seen in the Relation of one single Instance among others of which Mr. Huntly in his Breviat gives us an account if true viz. Of a poor Devonshire Minister Mr. John Heyden who in a Sermon preacht at Norwich let fall some Passages against setting up of Images and bowing at the Name of Jesus was apprehended like a Traytor with the Constables Bills and Halberts and brought before Dr. Harsnet then Bishop manacled like a Felon and committed by him close Prisoner to the common Goal above thirteen Weeks where he was like to starve the Bishop having taken from him his Horse Papers c. from whence by a Pursuivant he was convey'd to London and kept two full Terms At last by the high Commission he was deprived of his Orders Thereafter the high Commissioners imprisoned him in the Gate-house common Dungeon and Canterbury sent him to be whipt in the common Bridewel and then kept him all the long extream cold Winter in a dark cold Dungeon without Fire or Candle chained to a Post in the midst of the Room with heavy Irons on his Hands and Feet allowing him only Bread and Water with a Pad of Straw to lie upon and since on his relief hath caused him to take an Oath and give Bond to Preach no more and to depart the Kingdom in three Weeks without returning which latter part of his Punishment being for Preaching after his first deprivation though no exception was taken at his Doctrine If these things be true as they stand related in a Book Revised and Published by an Ordinance of a general Assembly in Scotland It is high time to break off our past Sins by a speedy Repentance and to redeem our former Severities by acts of Kindness and Compassion towards our opprest and complaining Brethren By whom the Seeds of Arbitrary Government have been sown NOR hath the Zeal and Bigottry for the controverted Ceremonies been only a Nuisance in the Church and pestred the Consciences of Men but have also occasioned very great Mischiefs and Distractions in the State For when Men of this Stamp had once gained the Prince on their side and to espouse their Interest they have endeavoured to requite him by ascribing to him an absolute Power and illimited Authority over the Subject Though in the late Reign none winched sooner nor kickt higher at it when they themselves began to feel the dint of it overthrowing our Politick Constitution and best tempered Government under Heaven that they might erect the Throne to an immensurable height Hence it was that the Original of Sovereign Dominion was taught not to be ex Pacto but jure Divino That Non Resistance and Passive-Obedience were the only Orthodox and Catholick Doctrines so long as they imagined it would never come to their own turn to practice them Sing●lis adempta est adversus principem quae naturalis dicitur juris defensio seu injuriae dipulsio Johan Wemius p. 21. That the very Law of Nature and of Self-preservation is a Crime in that case (a) Dr. Sherlock in his Case of Resistance of the Supreme Powers c. Determines thus That as well Inferior Magistrates as others imploy'd by a Popish or Tyrannical Prince in the most illegal and outragious Acts of Violence such as cutting Throats or the like are as irresistable as the Prince himself supposing they act by his Authority and must be submitted to under pain of eternal Damnation c. But perhaps as one lately was convinc'd by the sight of Bishop Overal's Book so they might be by Bilson's of subjection p. 520. His Words are these Neither will I rashly pronounce all that resist to be Rebels Cases may fall out even in Christian Kingdoms where People may plead their Right against the Prince and not be charged with Rebellion As for Example If a Prince should go about to subject his Kingdom to a Foreign Realm or change the Form of the Commonwealth from Impery to Tyranny or neglect the Laws establisht by common Consent of Prince and People to execute his own Pleasure in those and other Cases which might be named if the Nobles and Commons joyn together to defend their ancient and accustomed Liberty Regiment and Laws they may not well be accounted Rebels Ibid. By Supreme Powers ordained of God we do not mean the Prince's private Will against his Laws but his Precepts derived from his Laws and agreeing with his Laws which though it be wicked yet may not be resisted by any Subject with Violence armed But when Princes offer no Justice to their Subjects but violence and despise all Laws to practice their Lusts not any private Man may take the Sword to redress the Prince but if the Laws of the Land appoint the Nobles as next to the King to assist him in doing right and with-hold him from doing wrong then be they Licensed by
is certain that there was a time when the People had no Kings but afterwards when Lands Possessions came to be divided there were Kings ordained for no other case but only to exercise Justice c. Not only the People but also the King to be subject to the Laws c. If a King contemn and despise the Laws violently rob and spoil his Subjects deflower Virgins dishonest Matrons and do all things licentiously and temerariously do not the Nobles of the Kingdom assemble together deposing him from his Kingdom set up another in his place which shall swear to govern uprightly and be obedient to the Laws Fox Acts and Monuments p. 762. Ed. 1684. The Substance of which is that he who hath Sovereign Power or Authority but limited by certain Rules or Conditions which he hath sworn to observe If such an one shall become a Tyrant it is in the Power of the States and Peers of the Realm to restrain him for saith he the Office of the Subject is twofold ordinary in respect to Time Place and Imployment they have in the Common-wealth the other extraordinary which is to be exercised according to the Circumstances of Affairs which can be bound by no certain Rule except that of the publick Safety which must ever be consulted for and which * Lib. de repub Quo fit ut leges non solum populum sed reges etiam obligare sciamus at si regem contemnere leges Raperebona subditorum violare Virgines stuprare matronas omniaque suae libidini temeritati committere vidiamus numquid Congregatis regni proceribus illo summot● alius sublimabitur qui bene gubernare juret legibus obtemperare Aen. Sylv. de gestis Con. Basili Bodin calls Suprema lex But if Monarchy be absolute and under no Restrictions we must then patiently suffer the most unjust Exercise of Power there being no other appeal but only to the Divine Tribunal Thus Daniel paid Allegiance to Nebuchadnezzar and our Saviour to the Roman Emperor Pareus de potestate civili Propos Primâ saith Episcopi pastores magistratibus suis impiis aut injustis possunt ac debent resistere non vi ant gladio sed verbo dei That is Bishops and Pastors must not resist evil Magistrates by force or by the Sword but by the Word in which he speaks honestly for the Weapons of our Warfare are not carnal but spiritual In his second Proposition he saith Subditi non privati sed in magistratu inferiori constituti adversus Superiorem magistratum se rempub Ecclesiam seu veram Religionem etiam armis defendere jure possunt c. That is not private Subjects but such as are placed in an inferior Order of Magistracy may by force of Arms defend themselves and the Common-wealth the Church or the true Religion without the Breach of any Law Supposing the Supreme Magistrate be degenerated into a Tyrant an Idolater and is become highly oppressing of the People provided they act sincerely and for the publick good because he saith Princes are bound by their own Laws Imperator testatur incodice se contra jus nolle ut sua decreta injudiciis locum habeant sed debere Irrita fieri si fortasse cognoscantur à justitiâ discedere c. Lib. 4. Cod. de leg Prin. Adeo digna est vox Majestate regnantis legibus alligatum se Principem profiteri That all his Commands contrary to Law were void and that it was a Saying becoming the Majesty of a Governour that a Prince is bound by Law Trajan was commended by Dion who giving the Sword to the Praetor used these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That is take this Sword if I rule well use it for me if ill against me But as to private Persons he saith Moriendum potius quam resistendum Yet for several Reasons I cannot take his Words in the Sence which that excellent and learned Person D. Fabritius would put upon them restraining his Meaning to the Princes of the Empire who are Sovereign Princes and invested with Royal Power It never being a question whether such had Authority for the Preservation of their Rights and redress of Injuries to levy War against another Prince though in some respects greater than themselves But if in no case the Nobility and Commonalty of a Nation may interpose to prevent the imminent Ruine of the Church and State it would be very difficult to vindicate the late Revolution as is already hinted from those severe Imputations by such as have very little good will to our Sion cast upon it I shall not in so great a case interpose mine own Judgment it being easie to prick our Fingers in such a Thorny question Yet I may say if any for the breaking of their Yoak have ascribed too much to the (b) Though the Bishop of Burgen to prove the Church above the Pope argued from an unexpected Topick endeavouring to prove the Body of the Kingdom to be above the King To which Tho. Corsellis agreed Adductoque intestem summo omnium Philosophorum Aristotele dicebat in omni regno bene instituto illud in primis desiderari ut plus regnum posset quam rex Si contra reperiretur id non regnum sed tyrannidem dici debere Aen. Sylv. degest Con. Basil People granting them too great a Liberty of contesting their Rights with their Sovereigns others in hopes to espouse Princes to their Interest in grieving and oppressing their Dissenting Brethren have beyond measure fawned upon and flattered them till they nurst up the best tempered Monarchy upon Earth into an intollerable and tyrannick Exercise of Regal Power But this is a digression which by pursuing the Extravagancies of some Mens Opinions I have been led In which if I proceed a little further being once out of the way I must beg the Readers Patience and Pardon For having perused the Case of Allegiance due to Sovereign Princes by W. S. I could not but with very much regret observe that in the whole drift of that Discourse we can find little or none other Argument to enforce our Allegiance to King William c. than what would bespeak it for the greatest Usurper and Intruder who hath had the good Fortune to gain an actual Possession of the Crown which looks to say no worse very ungratefully upon him whom the Lords Spiritual and Temporal invited over and who by the universal Consent and applause of the People declared by their Representatives in Parliament was invested with the Royal Government and to whom we owe next to the Divine Providence all that is dear to us To reflect then so unworthily upon him as if he were no better than one who usurps the Government and that hath no further Right to the Kingdom then what Power Possession and Success can convey to him seems no way reconcilable to Duty or good Manners This Author in his Preface tells us that he never did any thing to cause the World
Powers and Commissions to many wise and worthy Members of it to review our Liturgy to inspect our Ecclesiastical Polity to remove the Stumbling-blocks and to take away the Rocks of offence to the uniting both in the same Communion and common Interest which 't is highly probable it might in time effect and may he never give over till he hath perfected the Work and cut it short in Righteousness How then can we but love him yea and most earnestly pray for him that God would bless him at home and abroad by Sea and Land in Peace and War that his Head may be covered in the Day of Battel that no Weapon form'd against him may prosper that he may put an Hook into the Nostrils and Bridle into the Mouth of that great Oppressor who would lay House to House Field to Field till there be no room left upon the Earth That he may return home with triumph when he shall have restored Liberty and procured Right to be done to the distressed Princes and States of Europe as he hath already done for the People of England to which all honest Men and true English Men will say Amen ADVICE TO THE DISSENTERS BUT before I lay my Pen down may I assume the liberty a little to argue and expostulate with you our Dissenting Brethren and Friends I bear you record you have a Zeal of God which I wish may never want the just Measures of Sincerity Truth and Knowledge But when I observe in you a total Separation and universal Departure from our Communion and yet not only to allow our Communion but further it in others yea in Matters of greatest scruple in some urgent cases practice it your selves it is a thing too hard for me I have known some who have suffered themselves to be deprived both of their Offices and Benefices by the Bartholomew Act yet have sent their Children to our Universities where the strictest Conformity is used and injoin'd the Members of those Societies yea have afterwards put them into the Priest's Office which for Conscience sake they could not submit to execute themselves Many have been elected into places of Magistracy and other Imployments and how stanch soever they have been before and after Yet to avoid the Dint and Penalty of the Law have given a yieldance to the Commands and Authority of the Church submitting to those Rites which at other times they scruple yea renounce But why do you condemn your selves in the things you can upon occasion admit Can you dispense with your Consciences to serve a turn Doth not this justifie the Practice of our Romish Adversaries who can license themselves to take Oaths to hold a Conformity with the Church or dissemble a Compliance to cheat their Rulers and avoid the Dint and Penalty of the Law If you can conform and hold Communion with the Church in Praying Heating and Receiving the Holy Sacrament c. for the Preservation of your selves Why not then for the Preservation of Peace and Unity in the Church I need not tell you how mischievous a thing Schism is or how deep a Stain and guilt it leaves behind it upon the Conscience Is it not a positive and plain Command to be subject to the higher Powers to submit to every Ordinance of Man for the Lord's sake Vir bonus est quis Qui consulta patrum qui leges juraque servat Obj. So we do and will where we can do it with a good Conscience But would you have us offend God and rouse the sleeping Lion in our own Breasts which will tear us in pieces when there 's none can deliver us Res By no means but is it a Sin to do it at one time and none at another Does the Case alter with your Convenience and change with the Persons Is it lawful for the Children to obey where it is a Sin for the Parents to comply Brethren I beseech you judge righteous Judgment Why should you open the Mouths of your Adversaries and justifie their Reproaches viz. That your dissent is nothing but Faction and Humor a Spirit of Disobedience and Contradiction but nothing of Conscience whatever may be pretended as is by you sufficiently proved when you come to the pinch I do not speak this to reflect upon you but as my beloved Friends to warn you if God be God then follow him if Baal be God follow him The Case of Conscience and Matter before us will not turn colour with the Circumstances of your Condition Your Streights and Extremities do not make that lawful which your Liberty and Freedom make sinful I do not take the Case in hand to alter with our State or like a Dove's Neck to change colour according to its Site and Position The various Reflexion of Light may cause different Colours but Truth never varies its hue 't is ubique eadem and is it not an inexcusable thing to commit a deliberate sinful act meerly to secure our Stake and to preserve our worldly Interest We may hereby perhaps avoid Punishment from Men but how shall we escape God's righteous Judgments Obj. Would you then that we should never upon any occasion conform nor hold Communion with the Church Res I would never have you sin to avoid suffering and to act against the Judgment and Dictates though but of an opening Conscience is no less But perhaps I have driven this Nail too far and may become your Enemy for pressing this unpleasing Truth But if I have spoken ill bear witness against me and convince me of it let the Righteous smite me and it shall be a kindness If well Why should you be offended Ought you not to be consistant to your selves and Principles But I find some to have put a more favourable Gloss and Sense upon your occasional Conformity viz. that you do it not in opposition to your Judgments nor Dictates of your Consciences thereby to indemnifie your selves from the Penalty of the Law but that you could hold a more frequent perhaps constant Communion with the Church in her Holy Offices had you not an eminent Addiction to one sort and Aversness to a●●ther sort or party of Men which seems to have as great an antipathy 〈◊〉 each other as Naturalists tells us there is in the Blood of a Bat and Swallow which will not mix tho' they be put into the same Vessel together were the inveterate Spleen and Animosities upon all accounts vented against Persons allaid I am confident there would be such Abatements on the one side and Compliances on the other that the Protestant Communion and Interest would be all of a piece and Schism no longer find a room to fix the Sole of her Foot upon But for this we must earnestly direct our Prayers to him who hath the hearts of all Men in his Hand and that turns them like the Rivers of Water to him that makes Men to be of one mind in an House It was the Observation of the Protestant Reconciler that it was