the grounds of Piety not to grant Indulgence to them especially if we consider that we are not only uncertain in finding out Truths in disputable matters but we are certain that the best and ablest Doctors in Christendom have been actually deceived in matters of great Concernment which thing is evident in all those Instances of Persons from whose Doctrines all sorts of Christians respectively take liberty to dissent The Errors of Papias Iraenaeus Lactantius and Justin Martin in the Millenary opinion of St. Cyprian the Asian and African Fathers in the question of Rebaptization St. Augustine in his uncharitable Sentence against the Vnbaptized Children of Christian Parents The Roman or the Greek Doctors in the question of the Procession of the Holy Ghost and in the matter of Images are Examples beyond exception Now if these great Personages had been persecuted or destroyed for their Opinion who should have answered the invaluable loss the Church of God should have sustained in missing so excellent so exemplary so great Lights But then if these Persons Erred and by consequence might have been destroyed what would have become of others whose Understanding was lower and their Security less their Errors more and their Dangers greater At this rate all men should have passed through the Fire for who can escape when St. Cyprian and St. Augustin cannot But since good Men are so apt to Err the Piety of Christians did then and ought now to indulge the Men though not the Errors 9. The last ground of Piety for this Indulgence which I shall now mention is from the consideration of the Introduction of Christianity It is saith Bishop Taylor one of the Glories of Christian Religion that it was so Pious Excellent Miraculous and Perswasive that it came in upon its own Piety and Wisdom with no other force but a terrent of Arguments and demonstration of the Spirit a mighty rushing Wind to break down all strong Holds and every high Thought and Imagination But towards the Persons of Men it was always full of Meekness and Charity Compliance and Toleration Condescention and bearing with one another restoring Persons overtaken with an Error in the Spirit of meekness considering least we also be tempted The consideration is as prudent and the Proportion as just as the Precept is charitable and the President was pious and holy Now every thing is best conserved with that which gave it the first Being and is agreeable to its temper and constitution The Precept which the Christian Religion chiefly preaches in order to all the Blessedness in this and the other World is Meekness Mercy and Charity And this should also help and preserve it self and promote its own interest for indeed nothing will do it so well nothing doth so excellently insinuate it self into the understandings and affections of Men as when the actngs and perswasions of a Sect and every part and principle are tending to a universal Good. And it would be a mighty disparagement to so glorious an Institution That in its Principles it should be merciful and humane and yet in the promotion and propagation of it so inhumane And it would be improbable and unreasonable that the Sword should be used in perswasion of one Proposition and yet in the perswasion of the whole Religion nothing like it To do so may sometimes seem and but seem to serve the Interests of a Temporal Prince but never promote the honour of Christ's Kingdom it may secure a Design of Inquisitors but it will much disserve Christendom to offer to support it by that which good Men believe to be a distinctive Cognizance of the Mahumetan Religion from the Excellency and Piety of Christianity whose Essence and Spirit is described in these excellent words of St. 2 Tim. 2.14 Paul The Servant of the Lord must not strive but be gentle unto all men in meekness of instructing those that oppose themselves if God peradventure will give them repentance to the acknowledging the Truth And as it is unnatural so it is unreasonable that Sempronius should force Caius to be of his Opinion because Sempronius is Consul this Year and commands the Lictors as if he that can kill a man cannot but be infallible and if he be not why should I do violence to my Conscience because he can do violence to my Person There is nothing under the Almighty that hath power over the Soul of Man so as to command a Perswasion or to judge a disagreement and because no Man's command is a satisfaction to the Vnderstanding or a verification of the Proposition therefore the Understanding is not subject to Humane Authority We see that the greatest Persecutions that ever have been were against Truth even against Christianity it self and it was a Prediction of our Blessed Saviour That Persecution should be the Lot of true Believers And if we compute the experience of Suffering Christendom and the Prediction That Truth should suffer with those few Instances of Suffering-Hereticks it is odds but Persecutions are on the wrong side and that is Error and Heresy that is cruel and tyrannical especially since the Truths of Jesus Christ and of his Religion are so meek so charitable and so merciful And we may in this Case exactly use the words of St. Paul But as then he that was born after the Flesh persecuted him that was born after the Spirit even so it is now and so it ever will be till Christ's second coming This may give us a good ground of Piety from the meekness of the Introduction of Christianity that the most proper way and most agreeable to the example of our Saviour and of his holy Disciples for the propagation thereof is by the same Meekness Charity and Mercy in which it was Instituted and consequently to give Indulgence to tender Consciences CHAP. IV. Of Supreme Spiritual Jurisdiction and consequently a Right of Indulgence in KINGS 1. OF Spiritual Matters somewhat hath been before discoursed We may now for the clearer understanding of the Intent of this Chapter inquire the meaning of Supreme Spiritual Jurisdiction Supreme is that which is the Highest on Earth next under God according to Law. So the meaning thereof is expressed in the Statute of H. 8. 24 H. 8. C. 12. That this Realm is an Empire governed by one supreme Head and King whom both the Spiritualty and Temporalty ought to obey 28 H. 8. C. 1. 1 E. 6. C. 12. So another Act declareth him supreme Head of the Church upon Earth So the King is declared by an Act of E. 6. Supreme Head of the Church in England immediately under God. The Oath of Supremacy is enacted 5 Eliz. C. 5. Pro supreme Jupiter The Latins from whence we borrow the Word have it in the same sense for the highest and chiâ—fest So Terence faith O supreme Jupiter and Virgil calls the highest Mountains Supremi Montes the Supreme Mountains Supreme Jurisdiction then is the highest and chiefest Authority according to Law
THE KING 's Right of Indulgence IN SPIRITUAL MATTERS WITH The EQUITY thereof Asserted BY A Person of Honour and Eminent Minister of State lately Deceased LONDON Printed and Sold by Randall Taylor near Stationers-Hall MDCLXXXVIII TO THE READER IT was the Opinion of the Great Lord Verulam That Books such as in earnest deserve that Title need no other Patrons than Truth and Reason Let the Abortives of the Press Court your favour This Treatise securely Appeals to your severest provided it be but unprejudiced Judgment It was Composed divers years ago by the Dictates of a NOBLE PERSON of whom when I have said That he was an Eminent Minister of State a known Protestant and one of the most Studious Gentlemen of our Age equally diligent and happy in Reading both Books and Men I shall have express'd but part of His Character The rest of which when you have perused this Elaborate Discourse you will better be enabled to supply by those Idaea's of Veneration which it cannot but raise in minds that have any respect to Truth Piety or Learning As the Dead can neither Cajole nor be Flatter'd so ought they not to be Envied you have here the free and well-poiz'd Thoughts of a late Peer of England on this Important matter long before His present Majesty came to the Crown All that I can pretend to is the Honour of being a little Instrumental to hand That forth to publick Light which I thought was too valuable to be doom'd to the Obscurity of a private Closet as being unwilling the Inquisitive World should be deprived of one of the most accurate Pieces that have been or perhaps can be Written on this Subject If any thing therein occur less suitable to present times you are desired to remember how long ago it was Compiled And withal to Pardon any Errors of the Press that may have escaped Correction Which is all I thought necessary you should be Advertis'd of by Black-Fryars Octob. 26 1687. Your Humble Servant HEN. CARE THE CONTENTS CHAP. I. The meaning of the Title SECT 1 OF Right 2 Of the Kings Right 3 Of the King's Grant. 4 Of Indulgence 5 Of Spiritual Matters 6 What is not meant by such Indulgence 7 What is meant by Spiritual Matters CHAP. II. That from Grounds of Policy Indulgence in Spiritual matters is fit to be granted The several grounds thereof in Policy are 1 THE preservation of the Publick Peace 2 From the Examples of our Neighbours 3 From Examples of Elder Times 4 From the Present State of our Affairs 5 From the Advancement of Trade 6 From the Increase of People 7 From the Dependance upon the Prince 8 From the satisfaction of Mens Minds CHAP. III. That from grounds of Piety it is fit to grant Indulgence in Spiritual Matters 1 FRom the Rule of doing as we would be done by 2 From the Note of being tender and kind-hearted 3 From the ground of Leaving to God his own Works 4 From the Subject Matter being Spiritual 5 From the Practice of the Church in best times 6 From the ground of sparing Christian Blood. 7 From the difficulty to search out Truth 8 From the aptness of good men to err 9 From the Introduction of Christianity CHAP. IV. Of Supreme Spiritual Jurisdiction and consequently a Right of Indulgence in Kings 1 OF Supream Spiritual Jurisdiction 2 Of the Matter of Fact and consequence thereof 3 That this Jurisdiction was in Fathers of Families 4 That it was in the Hebrew Princes 5 That it was in the Heathen Princes 6 That it was in the Emperors 7 That it was in the Kings of France 8 That it was in the Kings of Spain 9 That it was in the Kings of Sweden 10 That it was in several other Christian Princes CHAP. V. The Supream Spiritual Jurisdiction in England is in Kings 1 THat it was in our British Kings 2 That it was in our Saxon and Danish Kings 3 That it was in William 1. William Rufus and Henry 1. 4 That it was in King Stephen Henry 2. and Richard 1. 5 That it was in King John and Henry 3. 6 That it was in Edward 1. and Edward 2. 7 That it was in Edward 3. and Richard 2. 8 That it was in Henry 4. Hen. 5. H. 6. E. 4. R. 3. and H. 7. 9 That it was in King Henry 8. 10 That it was in the succeeding Princes CHAP. VI. That the Right of Granting Indulgence in Spiritual Matters is in our King. 1 AS he is a Mixt Person 2 As he is a Spiritual person 3 As he is Head of the Church of England 4 From the Grounds of Reason 5 From the Common-Law 6 From the Precedents before W. 1. 7 From Precedents of W. 1. till our time 8 From Precedents in our time 9 From several Acts of Parliament 10 From the Statute of 25 Henry 8. CHAP. VII The Answers to Objections against this Right of the King. 1 That it would incourage Schisms 2 That it would hinder Vniformity 3 That it would cause Discontent 4 That it would countenance Disobedience 5 That the King might then Repeal Statutes 6 That the late Act of Vniformity bars this Right CHAP. VIII Observations upon Examples of Persecution 1 OF Cain 's persecution 2 Of Pharaoh 's persecution 3 Of Haman 's persecution 4 Of Nebuchadnezzar 's persecution 5 Of Darius his persecution 6 Of the Persecutors of our Saviour 7 Of Christ's Disciples persecuted 8 Further Observations upon the Examples 9 The Comfort of Persecution CHAP. IX Observations upon Examples of Indulgence in Spiritual Matters 1 OF Indulgence to Noah 2 Of Indulgence to the Patriarchs 3 Of Indulgence by the Egyptians 4 Of Indulgence by Moses 5 Of Indulgence by Joshua 6 Of Indulgence by the Judges and Kings 7 Of Indulgence by our Saviour 8 Of Indulgence by the Disciples of Christ 9 The Sum and Conclusion of the Treatise THE King 's Right OF INDULGENCE In Spiritual Matters ASSERTED CHAP. I. The Meaning of the Title 1. TO explain the meaning of the Title of this Work Lib. feud 2. tit 2. ss 2. tit 3. ss 1. Idem quod justum id est quod recto jure Constitutum Instit de fidei commis-haered Secundum juris civilis praescripta regulos Bracton l. 5. de exceptionibus c. 28. ss 2. fol. 434. Jus possessionis Jus proprietatis Cook on Littleton f. 345. It may be inquired first what is meant by the word Right The Civilians say that Right is the same with Just that which is constituted by right Law and by just and lawful means that is Right Justinian called the Law Right Rectum so the French say Droict That which the Civil Lawyers term what is according to the Praescripts and Rules of the Civil Law. The same signification it bears in our Law and our antient Authors call it Jus as Right of Possession and Right of Property And if a Tenant in Fee make a Lease for Years and afterwards release all his Right his
Servant of Christ Jesus 9. This Section and Chapter may be concluded with a Contemplation of the Comfort of Persecution It was the condition of the holy Apostle Paul and will be the Condition of all faithful Servants of Christ 2 Cor. 6.4 5 8 9 10. to be in much Patience in Afflictions in Necessities in Stripes in Imprisonments in Tumults in Labours in Watchings in Fastings by Honour and Dishonour by evil Report and good Reports as Deceivers and yet True as Unknown and yet Well-known as Dying and behold we Live as Chastened and not Killed as Sorrowful and yet always rejoycing as Poor yet making many Rich as having nothing and yet possessing all Things Our Master Christ Jesus being Lord of all yet was pleased to indure the greatest Persecution for our Sakes shall not we then be willing to indure short Persecutions for his Sake and the Gospels These Persecutions will be Comforts and Blessings to all that faint not but persevere in Righteousness to the end The Discourse of Bishop Hall Bp. Hall Decad. 5. Epist 5. is heavenly on this Subject The Bone that was disjointed cannot be set right without Pain no Potion can cure us if it work not it works not unless it make us Sick we are contented with the Sickness which is the way to Health we are afflicted not overpressed needy not desperate persecuted not forsaken cast down but perish not Fear not these Stripes are the Tokens of his Love he is no Son that is not beaten yea till he Smart and Cry if not till he Bleed No Parent corrects anothers Child and he is no good Parent that corrects not his own What we lost in our height we recover in our Misery a conformity to the Image of the Son of God. He that is not like his elder Brother shall never be Co-heir with him Lo his Side Temples Hands Feet all bleeding his Face blubber'd ghashly and spit on his Skin all pearled with a bloody Sweat his Head drooping his Soul heavy to the Death No man can follow Christ without his Cross much less reach him and if none shall reign with Christ but those that suffer with him what shall become of those jolly Ones of this World Go now thou dainty Worldling and please thy self in thy happiness Laugh always and be ever applauded it is a woful Felicity that thou shalt find in Opposition to thy Redeemer He hath said Blessed are ye that weep who can believe this and not rejoyce in his own heart Why blessed For ye shall laugh Behold we shall weep on Earth shall laugh in Heaven we that now weep with Men shall laugh with Angels we that weep for a Time shall laugh for Ever Who would not be content to defer his Joy a little that it may be Perpetual and Infinite In Heaven you shall see no more Palms than Crosses you shall see none crowned but those that have wrestled with Crosses and Sorrows to Sweat yea to Blood and have overcome and overcoming ye shall be crowned A reward truly great a Crown for a few Groans an Eternal Crown of Life and Glory for a short and momentary Suffering How just is St. Pauls account That the Afflictions of this present Life are not worthy of the Glory which shall be shewed unto us What say you Would you not be afflicted Would you not be persecuted Whether had you rather mourn for a while or for ever One must be chosen Whether had you rather rejoyce for one fit or always you would do both Pardon me it is a fond Covetousness and idle Singularity what that you alone may fare better than all Gods Saints That God should make that way smooth to you which all the Patriarchs Prophets Evangelists Confessors Christ himself have found rugged and bloody A way with this Self-love and come down you ambitious Sons of Zebedee and ere you think of sitting near the Throne be content to be called to the Cup. Now is your tryal let your Saviour see how much of his bitter Potion you can pledg then shall ye see how much of his Glory he can afford be content to drink of his Vinegar and Gall and ye shall drink new Wine with him in his Kingdom The shortest Persecution thou canst undergo for the Satisfaction of thine own Conscience for the Truth of Christ will prove the greatest Blessing and Comfort to thy Soul. CHAP. IX Observations upon Examples of Indulgence in Spiritual Matters 1. IN this Argument We may take a rise from before the Flood and find that in all Ages to this day generally Indulgence hath been given in Spiritual Matters and the right of giving it exercised by Monarchs and we may begin with the Indulgence which Noah had Noah was a just man Gen. 6.9 11. and perfect in his Generations and Noah walked with God but the earth was corrupt before God and filled with violence Noah differed as much from the People of the Earth in his Perswasion as could be yet even that corrupt Generation indulged Noah and his Family to enjoy the freedom of their Conscience and Noah himself was a Preacher of Justice 2 Pet. 2.5 Rabbi Eliezer c. 22. and as a Rabbi saith he preached to the old World and said Turn ye from your ways and from your evil Works that the Waters come not upon you and cut off the whole Seâ—d of the Sons of Adam But some may object That Noah was a King and might give Indulgence to himself and he received none from others It is acknowledged that Noah was a King both before and after the Flood and of the ten Kings of the Chaldaeans who reigned before the Flood the last is reckoned by Cedren and others to be Xisuther who was Noah and in him some of the Greek Stories continue that Eastern Kingdom of the Chaldaeans through the Flood and affirm that Noah was King about 180 years before the Flood and that his Kingdom continued to his Death and that then he bequeathed it to his Son Seth. But I shall not make much inquiry into this matter if he were a King he gave good Example by seeking to convert his People by preaching rather than by punishing of them If he were not a King then was the Indulgence that he enjoyed the more considerable and may be also exemplary 2. The next Indulgence which we meet with in order of time in the holy Stoâ—y is that which was enjoyed by the holy Patriarchs Every Father of a Family was Prince and Priest in his Family and ordered matters of Divine Worship as he thought best and we read of no Persecutions among them Abraham by the Direction of God Gen. 12.3 5 6 7 8. with his Wife and his Nephew Lot and all their Family went from Haran into Canaan and there built an Altar and called upon the name of the Lord. And tho the Canaanite was then in the Land yet Godly Abraham would not neglect the true Worship of God even amongst those
Exercised the Office of Legislator of Judg and of King. Selden holds that he was in truth Selden de Synedr l. 2. p. 62. Regem fuisse Mosen revera c. King or Prince of the Israelits according to Divine Institution But this may be censured of too much curiosity I have the rather insisted thereon to shew that he who was the meekest man upon earth and highly indulged Gods people was a King and it will become all Kings to imitate his Pattern 5. Upon the same Ground I proceed to the Indulgence of Joshua Moses Successor who was also Prince or King in Israel He had the same authority as Moses had delegated to him from God and consented to by the people who promise him Josh 1.16 All that thou commandest us we will do and whithersoever thou sendest us we will go according as we hearkened unto Moses in all things so will we hearken unto thee We do not find that he was severe against any Dissenters from his Opinion but in his admirable Expostulation with the people he leaves it to them If it seem evil unto you this day to serve the Lord Josh 24.15 chuse you this day whom you will serve whether the Gods which your Fathers served that were on the other side of the flood or the Gods of the Amorites in whose land ye dwell Then he makes and declares his own profession of Religion But as for me and my house we will serve the Lord. He sought not to convince the people by severe Laws and punishments but by meek Exhortations and Admonishments reasoning the matter with them If ye forsake the Lord Josh 24.20 and serue strange Gods then he will turn and do you hurt Josh 24.21 22 23 24 25. and consume you after that he hath done you good And the people said Nay but we will serve the Lord. And Joshua said Ye are witnesses against your selves that ye have chosen the Lord to serve him and they said We are witnesses Now therefore said he put away the strange Gods which are among you and incline your heart unto the Lord God of Israel So Joshua made a Covenant with the people and set them a Statute and an Ordinance in Shechem This way of meekness and Indulgence Joshua held the best way to perswade the people to Conformity to put away the strange Gods which were among them and to incline their heart unto the Lord God and it is an excellent precedent to be followed 6. The next in order is to consider of the Indulgence which the Judges and Kings gave to the people of Israel whereof there is not much to be gathered more than what is before remembred in general in the times of Moses and Joshua The times wherein there was no King in Israel that is no Governour nor Government when every one did that which seemed right in his own eyes relate to Civil as well as Spiritual matters and were rather times of Anarchy than of Indulgence But both the Judges who were Monarchs and a kind of Kings and the Kings by name did generally indulge all Persons in matters Spiritual except in cases of Blasphemy Idolatry or breach of the known Law of God. To write the Particulars of these times would take up too much of ours they are obvious in the Holy Story which every servant of God will take delight to read And throughout all the passages of them it will appear that they were indulgent to different perswasions in matters of their Law wherein as to Expositions and some weighty points there were many different opinions whereof there will be occasion to make some mention by and by and that these Dissenters were not punished It will likewise be manifest that all Indulgence in matters of this nature proceeded from the Judges and Kings who by their Exercise thereof shewed that the Right of Indulgence was in them though the Cases before mentioned were not to be dispenced with but by sinning against God and transgressing the Law which he had given unto his People and which will not be done by granting an Indulgence now desired 7. Time will be wanting to insist on these and I must omit many other examples in the Word of Truth of Indulgence in Spiritual matters and come to that which may serve instead of all others the unerring great Examplar our Lord Jesus whose infinite wonderful indulgence and mercy to his unworthy Creatures gives a sharp rebuke to all persecuting earthly powers and fully instructs them to give indulgence to those over whom he hath set them Our blessed Redeemer God Omnipotent knew the inclinations and opinions of all mens hearts and ways who were just and righteous who were wicked and ungodly who were sincere and who were hypocrites who were faithful and who unbelievers Yet was he graciously pleased to make no distinction 1 Tim. 2.6 Acts. 10.43 John 3.15 but indulged all both Jew and Gentile just and unjust righteous and sinful he gave himself a Ransom for all that whosoever believes in him shall have remission of Sins shall not perish but have everlasting Life Our Jesus who inhabiteth Eternity liveth for ever and can do whatsoever pleaseth him was pleased in his great humility and mercy to Mankind to come down from Heaven upon the Earth and to take our vile Nature upon him How unfit is it for sinful Dust and Ashes whose Breath is in their Nostrils who are but as of yesterday to ascend the Throne of God to take his Authority on them to sit in Judgment upon the Hearts and Consciences of Men The Lord of Life and Glory humbled himself and became obedient to death even the death of the Cross that he might thereby purchase his Enemies eternal Life How unanswerable to this is it for Powers made of Dirt and without Foundations to condemn their Friends to death that will not be of the same judgment with these Rulers The searcher of Hearts allows a freedom to all mens Hearts and Consciences to serve him in such ways as they think most agreeable to his Divine Will. How unfit it is for any earthly Govornours to attempt an alteration of the frame of the hearts of men to compel them to serve God in such ways as are most agreeable to the will of the Governours and contrary to the Hearts and Consciences of those whose good only is concerned Christ exhorteth all to Kindness and Indulgence Luke 4.18 and affirms That he was sent to heal the broken hearted How unfit it is for his Vicegerents to wound yet more the broken hearted He was sent to preach deliverance to the Captives How contrary is it to proclaim imprisonment or banishment to those whom Christ hath made free He was sent to recover sight to the Blind those who are sent by him have no Commission to put out the Eyes of those that see to torment and punish their Brethren because they see not with their Rulers Eyes Christ was sent to set
is the Law and the Prophets If a Dissenter might expostulate with one in Authority and say to him What if mens Opinions should alter or if I were in Authority and you in Obedience would you think I did well to impose things upon you against your Conscience and to compell you to do them or else to ruine you and your Wife and Children The man in Power doubtless would answer When it was his own case to suffer It is against the Rules of Piety so to impose upon me and to force me to do against my Conscience and may not a present Sufferer say the same to an Imposing Power He might say or enact that another shall be ruined because he differs from the Imposer in Countenance with as much Reason and Piety as because he differs in Opinion He will one day find the truth of that Scripture With the same measure that ye meet withall Luke 6.38 it shall measured to you again 2. Another ground of Piety for this Indulgence is from that Rule of the Apostle Eph. 4.32 Be ye kind one to another tender hearted And surely these are too far from it who have no kindness or regard to tender Consciences The same Apostle demandeth Why is my liberty judged of anothers Conscience implying that it ought not to be so none can judge of anothers Conscience but God. To be tender hearted to a Brother is the way to gain tender mercies from our Heavenly Father and to be kind to others will gain kindness to our selves in the conclusion But for anothers Conscience to judge of my Liberty to impose upon others Consciences who differ from us and vigorously to require them to obey Man rather than God as they esteem it To order their Conformity to such things as they scruple in their Consciences and it is Sin to do what We doubt is unlawful To exact these things from their Brethren on pain to be ruined to lose their Estaâ—es Liberties and Lives too if they do not Conform this will hardly be judged at the Great Day to have been kind to one another or to have been tender-hearted But to bear with the Infirmities of others to indulge them in such things as are not sinful in themselves not to force their Consciences this is agreeable to the Rules of Christianity and is a ground of Piety for granting this Indulgence 3. Another ground of Piety for the same is That we are to leave it to God to perform his own Works We ought to leave the triumph and conquest of Souls to the eternal Wisdom who re-makes and fashions Hearts as he pleaseth History of France H. 4. and gives the Signal to so many straying Souls to cause them to enter into Salvation it being impossible for Men to impose any necessity upon things which God hath left free as mens Consciences are which ought to be as free in a State as their Thoughts And those who impose upon them and would help God by that way to save Souls presume too much upon their own judgments and have too little veneration of God's omnipotence What he hath commanded his Vicegerents are to see done but no command of such imposing is to be found rather to be believed that God hath reserved the directing of those things to himself as his own Work. It was wise Counsel of the Doctor of the Law Gamaliel to the Publick Assembly Refrain from these men and let them alone Acts 5.35 39. for if this Counsel or this Work be of Men it will come to naught but if it be of God ye cannot overthrow it lest happily ye be found even to fight against God. It were well if some in our Age had taken this Counsel and left the Works of God to be done by God who is more wise and able to perform them than his poor sinful weak Creatures are If that which is called by some a Schism be formed in a State or that which others call Evil be grown old it will be difficult to shake that which is deeply rooted especially by the weak hand of feeble Men but God will surely root it up if it be Evil. 4 Another ground of Piety for this Indulgence is because the subject matter is altogether Spiritual Bishop Taylor 's Liberty of Prophecying It is excellently said by Bishop Taylor on this subject That to believe so or not so when there is no more but meer believing is not in the Magistrates power to enjoyn therefore not to punish And it is not only lawful to Tollerate disagreeing Perswasions but the authority of God only is competent to take notice of it and fit to judge because Infallible to determine it And therefore saith the Bishop No Humane Authority is sufficient to do those things which can justify the inflicting Temporal Punishments upon such as do not conform in their Perswasions to a Rule or Authority which is not only fallible but supposed by the disagreeing Persons to be actually deceived And none can judge between them in this Spiritual matter but God alone If men shall do despite to the Spirit of Grace God will Punish them with much more Severity than this World can execute Heb. 10.30.31 as the Apostle Notes For we know him that hath said Vengeance belongeth unto me I will Recompence saith the Lord And again The Lord shall judge his People It is a fearful thing to fall into the hands of the living God. By this and sundry other Texts it seems to me not obscure that God reserves to himself the Punishment of matters meerly Spiritual and which are not Sin in themselves or but doubtful in those cases he would not have the Civil Magistrate to determine and punish But if he do impose upon Gods Servants and Persecute them as Evil doers when perhaps they are not so which in these Spiritual matters no man can judge This will be to tread under foot the Son of God and if the Nonconformists shall do so or the Imposers shall do so Vengeance is Gods a temporal Magistrate cannot inflict a Punishment according to the demerit 5. A fifth ground of Piety for this Indulgence is from the practice of the Church in the best times The Church hath always detested Heresies and yet the Punishments which she hath used have been more Shameful then Cruel more Medicinal than Mortal loving rather to see their Faces Blush with Shame Math. Westm p. 152. then their Veins emptied of Blood. When Germanus and Lupus came into Britain to confute the Pelagian Heresy they used no violent means to do it but allowed freedom of dispute to the Hereticks Copiam dispuâ—â—ndi praeponendique adversarijs probuerunt loquacitâ—tiâ—que garritum evomere permiserunt and permitted their Gagling Loquacity The Weapons which they used against them were Torreuts of Eloquence with Showers of Apostolick and Evangelical Truths Modest Assertions and especially Divine Testimonies which sooner and better Convinced the Opposites then Tortures could have done The
Emperour Theodosius ordained great Punishments but he Executed none He would restore his Subjects to the Concord of Religion and of Divine things more by sweetness then by force more by favour and by love than by cruelty and punishment which were true grounds of Piety for his Indulgence and a Pattern worthy Imitation The four first Councills did not use other Arms against Dissenters than the Word of God. That of Nice of 300 Bishops against Arrius That of Constantinople of 150 against Macedonius That of Ephesus of 200 against Nestorius and 630 against Eutiches These Reverend Fathers held that Heresy is an Obstinacy of Soul which is not subjected to the Torments of Bodily Death That Punishments do rather discover and give breath to the Sect than smother and strangle it And that Punishments are of no use except it be to break the Bonds of Affection for meeting with Souls so resolved and constant it draws away more in an hour then their Lives could have done in ten years If the Church in those times of her Purity were thus tender and indulgent to those they esteemed Obstinate Hereticks why may not the present Dissenters most of them being in Ceremonies and matters not Fundamental be in hopes of such an Indulgence as may free them from the Rigour of some Laws and preserve the Liberty of their Consciences which upon grounds of Piety is fit to be granted especially to those that live peaceably 6. From the ground of Piety to avoid the effusion of Christian-blood this Indulgence is fit to be granted War saith the History of H. IV. is not dead in an Estate where Consciences are divided but only Sleepeth there is nothing that doth more slide and speedily penetrate into the Perswasions of men to stand one against another than this Religion every one thinks his own way best and judgeth so more by Zeal and Perswasion than by Knowledge and Reason From hence it hath too often fallen out that there hath been much Effusion of Christian-blood when there hath been attempts to force men contrary to their Perswasions and nothing doth more allay and stop this Sanguinary Issue than an Indulgence to these men Fulges l. 3. c 11. Suetonius Vt uno ictu omnes interficere simul posset and it is a great ground of Piety to avoid such Effusion of the Blood of our Fellow Christians A Prince must not be of the mind of Caligula who wished that all the People of Rome had but one Neck that with one stroke he might cut them all off Nor of Vitelius who when divers by reason of the stench of dead Bodies went out of the way Suetonius the Emperour went streight forward through the heaps of the dead Carkases saying That the dead Body of an Enemy did smell excellently well Optime olere Hostem praesertim Civeâ— but especially that of a Citizen Nor that of Hannibal who when he saw a Ditch full of mens Blood is reported to say That it was a most Beautiful sight Such pleasure did these Beasts take in Wickedness and the Effusion of Humane Blood but a good Prince and Christian detests such Cruelty and labours to avoid such Rigors especially upon his Subjects whose Blood is better kept in their Bodies for the Defence and Service of their Prince and Countrey Bloodiness is an opposite to Right as the wise man Notes Prov. 29.10 Psal 5.6 Rev. 19.2 That the Blood-thirsty hates the Vpright and we are assured that the Lord will abhor the Bloody man and avenge the Blood of his Servants Nothing more Defiles a Nation nor brings heavier Punishments on them than the shedding of Innocent Blood. Bishop Halls contemplation on Abel and Cain Nothing saith the Ingenuous Bishop Hall hath a louder Voice then Blood the Cry of it is heard from Earth to Heaven every drop of Innocent Blood has a Tongue and is not only Vocal but Importunate How careful then ought Princes and Magistrates to be to avoid the Effusion of Blood which will so much polute the Land if it be Innocent and Cry so loud against them If they would prevent this Effusion of Christian Blood either by the Sword of War or of Peace it must be by Indulgence the most likely way to do it and a ground of much Piety for it 7. Dr. Jerem. Taylor his liberty of Prophecying 521. Another ground of Piety for this Indulgence is from the difficulty to search out the truth The Reverend Bishop Taylor gives this Reason for it It is impossible saith he for any Industry to consider so many particulars in the infinite numbers of Questions as are necessary to be considered before we can with certainty determine any And after all the considerations we can have in a whole Age we are not sure not to be deceived The obscurity of some Questions the nicety of some Articles the intricacy of some Revelations the variety of Humane Vnderstanding the windings of Logick the tricks of Adversaries the subâ—ilty of Sophisters the engagement of Education Personal Affections the portentous number of Writers the infinity of Authorities the vastness of some Arguments as consisting in enumeration of many particulars the incertainty of others the several degrees of Probability the difficulty of some Texts the invalidity of probation of Tradition the opposition of Exteriour Arguments to each other and their open contestation the publique violence done to Authors and Records the private Arts and Supplantings the falsifyings the indefatigable industry of some men to abuse all Vnderstandings and all Perswasions into their own Opinions These and thousands more even all the difficulty of things and weaknesses of man and all the arts of the Devil have made it I conceive next to impossible for any man in so great variety of matter not to be deceived If then it be so easy a matter for men of the greatest Learning and Parts to be mistaken in these matters If it be so difficult a thing for the ablest and most judicious men to find out the Truth in these matters of dispute and difference in Religious things It would be uncharitable and against the grounds of Piety to force these men who are not all learned nor of the deepest knowledge to conform to the judgments of others in matters of this nature under grievous punishments if they do not But surely it is more consonant to the grounds of Piety being it is so very difficult as the Bishop shows not to be deceived and to search out Truth that an Indulgence be allowed to these Dissenters and that those in Power do remember that even themselves may be deceived 8. Another ground of Piety for this Indulgence is from the aptness of good men to Err. The Bishop hath showed the difficulties which must be passed through in the search of Truth wherein learned able good and pious men may easily be deceived And where there is so much occasion to lead them into an Error it were uncharitable and against