f. . YALE UNIVERSITY LIBRARY DOCUMENTS KELATING TO THE SETTLEMENT OF THE CHURCH OF ENGLAND ACT OF UNIFORMITY ±332. Wit\ an f istorial Intototto. LONDON: W. KENT AND CO., PATERNOSTER ROW. And at the Office of the Central United Babtholomevt Committee, 10, Broad Street Buildings, E.G. 1862. ENGLISH PURITANISM Its Cfjaracter anli l^tstorg. AW introduction to DOCUMENTS RELATING TO THE SETTLEMENT OF THE CHURCH OF ENGLAND BY THE ACT OF UNIFORMITY OF 1662. PETEE BAYNE, Esq., A.M. In the paper explanatory of the objects and plans of the United Saint Bartholomew Committee, issued many months ago, occur the following sentences : — " The Committee are unanimous in their resolution that •¦' in their collection of historical facts bearing upon the " Ejection of the Two Thousand, and in their presentation ••' of them, in whatever form, to public notice, the most " rigid impartiality shall be observed. Implicit deference '•' to truth they recognise as the most important moral of " the event to be commemorated, and they would look upon " the indulgence of any predisposition, should it exist, to " dress up a case for the purpose of establishing foregone " conclusions, as a desecration of the opportunity which '•' God's providence has brought round to them. They are " fully aware of the danger they will incur of unconsciously " imparting to] narrative a bias which the events themselves " might fail to justify, and of controversially pressing them VI " to a service foreign to their real significance ; and they " purpose conscientiously to exercise their utmost vigilance " against it." It was on the distinct understanding that these were the views of the Committee that I complied with the request which they did me the honour to address to me, to prepare an Historical Introduction to the Documents contained in this volume. The Com mittee have fulfilled their pledge by scrupulously respecting my independence in the composition of the introductory essay : the public will judge whether I have been upright and impartial in the treatment of the subject. P. B. ENGLISH PURITANISM ITS CHAEACTER AND HISTORY. The Nonconformity of the T?estoratIon was properly the last phase of old English Puritanism ; and with it as our special theme, we are in an advantageous position for reviewing, in its characteristic features and main historical developments, the entire phe nomenon of Puritanism. There is a general feeling that the hundred years during which the Puritan agitation was at its height are the most memorable in the history of England. The part played by England in modern civilization was then determined. The benefits, political, social, religious, which she has enjoyed, were then secured. The seeds of blessing and of bane which still spring around us were then sown. The essential aspects of our national character, in the widest sweep of their diversity and the profoundest conditions of their agreement, were then displayed. All this, we say,. is matter of general assent, and it is therefore no B 2 English Puritanism. wonder that the tumult of the Puritan times echoes in the ear of England, or that Englishmen still enquire with interest what Puritanism was and what mark it left on the history of our country. For all earnest minds the past is sacred, and there is something of profanity in bringing into its silent chambers the disputes and the watchwords of the present. In the senate of the immortals, in the temple of the dead, the only voice worthy to break the stillness is the voice of truth. On the present occasion, we are peculiarly tempted to infringe this canon, yet would its infraction be more than ordi narily pernicious. The questions and interests of Puritanism in the sixteenth and seventeenth cen turies bear precisely such a resemblance to questions and interests of our own time as is likely to mislead ; but an imperative condition of our understanding the former is the frank acknowledgment -that they are different from the latter. If the slightest benefit is to be derived from our discussion, it will be necess sary for writer and reader alike to divest the mind of partisan feeling, to check modern prepossessions, and to suspend modern sympathies. He who writes a panegyric looks of set purpose to a single aspect of events and actions. He who enters the magazine of history in quest of weapons for the controversia warfare of to-day, is as one who, penetrating into the tomb of an ancient warrior and snatching the spear from the skeleton hand, should find it crumble on the instant into dust. He who expects in the most What it was. 3 illustrious heroes a stainless perfection, or in the worst of men the depravity of demons, may move us with the grandeurs of poetic passion, but will not ulti mately satisfy our judgment. To realize that the men of the past were our brothers, to feel the force of their motives as presented to their own minds, and to attain any apprehension of those high intents of Providence, in which men are always, more or less, unconscious actors, we must pay homage to truth, and to truth aloUe. What, in heart and essence, apart from every acci dent, esery accompaniment, was English Puritanism 1 Its nature has been correctly indicated by its name. The popular instinct has fixed upon its central thought and meaning. It was a purification, — an eflfort, wise or unwise, to rid the Christianity of England from all adhesions foreign to its nature or obstructive of its power, — an endeavour to remove everything, in doctrine, discipline, ceremonial, which during the middle ages had been added to the gospel of Christ. It will be necessary for us clearly to ap prehend this grand regulating fact in the character and history of Puritanism. When, to use a Scriptural image, the angel of the Reformation filled his censer with fire from God's altar, and cast it unto the earth, there were " voices, and thunderings, and lightnings, and an earthquake." Principles which had long slumbered in the hearts of j the European nations, or agitated them with inarticu- B 2 4 English Puritanism. late yearnings, were roused by sympathetic attraction, and started into gigantic manifestation. In England, for hundreds of years, a powerful current of religious feeling had set in a direction opposite to Eome. The doctrines of Wickliffe had been widely adopted ; the Lollards had clung to their faith in the agonies of death by fire ; and devotion to a political leader, combined with reverence for a martyred saint, had hallowed to the popular imagination the name of Cobham. That stifled cry of appeal to God against the corruptions of Rome, which through the medi aeval time was audible in every country of Europe, had long been heard in England. Side by side with this strictly religious antagonism to the papacy, there had existed an opposition of a purely secular and political kind. The sovereigns of England had fretted against the authority of Rome. A weak monarch, a John, or an Edward the Second, had succumbed to the terrible power then in the hand of the pontiff; but when the king was firmly seated and of resolute will, the death of a Thomas a Becket, or the promulgation of some statute attaching grievous penalties to the recognition of papal supremacy within the realm, had taught the haughtiest occupants of the chair of St. Peter, that the vassalage in which they held the throne of England was partial and. precarious. When the Reformation, therefore, broke out, a two-fold response awaited it in England. The people had been educated by spiritual teachers to The Reformation in England. 5 receive the doctrine of the Reformers ; the sovereign was encouraged by a long course of precedent to dis own the ecclesiastical supremacy of the Pope. One Reformation was set on foot by the Court; another proceeded among the people. The former was in the i main political ; the latter was profoundly religious : the first result of the one was the State Church of Henry VIII ; the working of the other, within and beyond the ecclesiastical pale, constituted for more than a hundred years the thing we name Puritanism. The Church of England, as constituted in our day, owes its ultimate form and character to both. Of Henry VIII we shall not speak. The Church of England, thank God, does not retain the worst traces of that coarse and bloodstained hand. The Church of which Henry was Pope, held the dogma of tran- substantiation, and sanctioned prayers to saints, and kneeling and burning incense to images. Its views on confession, on celibacy, on private masses, would have given no offence to Loyola. It was, in one word, a Romish Church with Henr]» for Pope. In his right hand, this energetic Pontiff held a faggot to burn those who denied the real presence ; in his left, a halter to hang those who abjured his ecclesiastical supremacy. His personal contribution to the cause of the Reformation in England was a defiance hurled by the throne against the Pope, a defiance so proud and so comprehensive, that the reverence which lingered in the national mind for Rome must have been rudely shaken. It was one important part of this defiance 6 English Puritanism. to sweep England clear of the monastic institutions by which, in large measure, the nation had been held in allegiance to the Roman See ; it was another to sanction measures for the religious instruction of the people, which tended to eradicate belief in those Romish doctrines which Henry retained in his Church. But the more favourable representative of the first stage of governmental reformation in England was Archbishop Cranmer. The extravagant denunciation of this prelate by Macaulay, is probably the estimate of his character best known to English readers ; and many who are startled by the antithetic emphasis of the young essayist, will accept the judicially calm, but sternly unfavourable verdict of Hallam. A recent American writer adduces conclusive proof that Cranmer was not present at the Council Board when the writ was made out for the execution by fire of Joan of Kent, and he recurs to a strain of pane gyric which had almost ceased to celebrate the politic divine. " Cranmer " says this writer. " was a princely Christian ; his ^Tors, like chance rents in a royal robe ; his rare and sterling virtues, like a diadem on a royal brow." Very generous, very eloquent. But are not fortitude and consistency necessary to the ideal of a princely Christian'? And, among the gems in Cranmer 's diadem of virtues, must not those six pearls which stand for his six recantations, be allowed to be of paste 1 You cannot escape from that stern verdict of • Professor Hopkins. The Puritans and Queen Elizabeth. Vol. i, cap. iii. Cranmer. 7 Hallam's : Cranmer's fame requires the lustre of the flames which consumed him. He was the genius of compromise. Under Henry, he accepted with satis faction every instalment of reform which could be wrung from the grasping and self-centred tyrant ; and he industriously promoted those efforts for the religious instruction of the people, the translation and diffusion of the Bible, and the promulgation of homilies and prayers in the vernacular, which had an effect little dreamed of by Henry, in stimulating the progress of that spiritual Reformation, which was all the time advancing in the nation. Under Edward, Cranmer ventured to assume more of the character of a religious reformer, and endeavoured to convey to the Church certain of those ecclesiastical powers which Henry had monopolised. Under Mary he would have lived as a Roman Catholic, if recantation could have propitiated the queen. But his treasonable support of Lady Jane Grey, and the Protestantism which was known to lurk in his heart, made Mary implacable. He died at the stake, a Protestant by choice, a martyr by compulsion. England owes him much ; but the part he played in her Reformation was that of an instrument rather than that of an agent, and there is no character mentioned in history better fitted to adjust a plausible compromise between the old and the new. There were, however, men in England of a different spirit from Cranmer's. Their religion was no courtly inspiration. They were not careful to keep terms 8 English Puritanism. with Rome. They had hailed with earnest satis faction, with passionate sympathy, the rise of the second school of the Reformation, the school at whose head stood the great French Reformer. John Calvin exerted a more potent and penetrating in fluence upon the mind of Europe, in the sixteenth and seventeenth centuries, than any other man, Luther not excepted. The nature of his influence is not, in these days, generally understood. It seems paradoxical to say that the influence of Calvin is confounded with the influence of Calvinism ; but this is in a sense true. We think of the effect produced by a certain creed, as it has been left in cold and crystalline clearness by the Synod of Dort ; not of the impression made by the grand ele ments of that creed, vitalized and sublimed by intensity of religious fervour, and incarnated in a living man. We represent Calvinism to our minds as an intellectual system, complicated in ramification, and hard as iron. It is to ordinary conceptions a vast metal framework, which may once have been used in the illumination of a city, but is now black and bare. From that framework a thousand jets of living fire, of radiant light, once poured their effulgence over Europe. When we pass from the Confessions of the Calvinistic Churches to the Institutes of Calvin, we can understand this fact. The entire logical system of the book is irradiated by the spirituality of Calvin's conception of the Christian revelation. So completely are the formal Influence of Calvin. 9 precepts and positive ordinances of the Hebrew economy absorbed and lost for him in the unity of life in Christ, that not only the Jewish seventh day, but the Christian flrst day disappears, and the Lord's day is for Calvin any day of the week. The grand principle, the all-determining method, of Calvin's thought, was contemplation of the universe in God. In all place, in all time, from eternity to eternity, he saw God. Such faith will be infinitely appalling, or infinitely consoling, according to our conception of the Divine character. If God be an iron fate, if God's will be aught else than infinite truth, justice, and love, blended iu one indissoluble ray of light, then will it be fatalism. But the God of Calvin was the God revealed in Scripture, the God manifested in Christ, the God whose name is Love ; and to think that the God-light enveloped the universe, touching the cloud which veiled its beam, touching the Sinai smoke beneath which Israel trembled, was to him a thought, not of terror, not of enslavement, but of awful and adoring joy. It is agreed, by all competent to judge, that the mind of Calvin was, in power and comprehensiveness, of the very highest order exhibi ted by the human race ; and when we conceive that colossal intellect inspired through all its faculties by transcendant intensity of religious emotion, we may realize, to some extent, the might of the spiritual impulse which he communicated to the West of Europe. It was a theological impulse, but it was also and equally an emanation of moral fervour; it 10 English Puritanism. found manifestation not only in reformed faith but in reformed manners. It followed from that intense realization of the idea of God which governed the thinking of Calvin, that the authoritative declaration of God's will should be regarded by him, and all who learned of him, with corresponding reverence. Around the AVord of God they drew a line of demarcation, setting it far apart from every human production. On this rock Calvin placed his foot, confronting Rome with tranquil and inflexible defiance. From the authority of the Church he appealed to the authority of One greater than the Church. It is important to bear in mind that this, and no other antagonism, was present to the mind of Calvin ; the Word of God was by him opposed to the infallibility of the Pope ; it seems scarcely to have dawned upon him that there could be antagonism between reason and conscience on the one hand, and Scripture on the other. And in considering that urgency of appeal to Scripture, and Scripture alone, which throughout its whole history was made by English Puritanism, an appeal which, with our modern prepossessions, may seem to us to be a wilful searing of the eyeballs of reason and conscience, it is essential to recollect that it was against the authority of Rome that Calvin and his followers asserted the supremacy of God's written Word. This position of reference pure and simple to the Bible, gave Calvin and his followers a signal advantage in maintaining the conflict with Rome. The Word against the Church. 11 That veil of imaginative splendour and super stitious devoutness by which the ancient Church drew towards herself, by a thousand chords of associa tion, the veneration of Europe, became, with all its gorgeousness, a mere mask, hiding a truth more majestic, a beauty more ethereal, a simplicity more divine. The Papacy, said Calvin, has decided. She is joined unto her idols. Let her alone. The Spirit of God is shrined in no earthly temple, though it has been building for a thousand years. The Spirit of God is here ; in the temple of the soul ; in the temple of the Word. This was an opposition more profound, more comprehensive, than Rome had yet encountered. The Reformed Church became constructive, ceasing to be only a force of destruction. Instead of seeming the rebel child of the Papacy, she beamed forth, serene and terrible, the daughter of God new-born. If no powers had been granted her by the decrees of Popes, she claimed a charter direct from heaven, she pointed to rights sealed to her by the hand of God. If her faith was not based upon the decisions of Councils and the opinions of Fathers, it was written for her in the Word of God. Thence she could take her doctrine, her ritual, her discipline; and taking them thence, she could attach to them an authority higher than any autho rity on earth. Rome, now fairly roused from that stupor in which she had been sunk when overtaken by the Reforma tion, was quick to signalize Calvin as her mightiest 12 English Puritanism. adversary. A new spirit passed through the flagging ranks of Protestantism, a spirit of independence, of intrepidity, of burning earnestness, of heroic zeal. The Reformed Church, as distinguished from the Lutheran, took the van in the onward march of Protestantism. From the middle of the sixteenth century, the conquests won from Rome were almost entirely made by the Reformed communion. The great English divines, who flourished in the reign of Edward VI, and perished at the stake in the reign of Mary, — Hooper, Ridley, Latimer, nay, with all his courtliness, Cranmer himself, — sympathised with the Calvinistic Reformation. The Presbyterian John Knox was chaplain to the king. The Marian exiles, during their residence on the Continent, were treated with kindness and cordiality by the Calvinists, with coldness by the Lutherans. When Elizabeth as cended the throne, the feeling among the English divines in favour of completing the reformation of the Church, so as to bring her ceremonies and ritual into closer accordance with those of the Calvin istic Churches, was all but universal. We crave particular attention to these facts. Unless they are distinctly apprehended, no correct idea can be formed of the ecclesiastical history of those times; and the part played by the Puritans will be wholly misconceived. " How did they get there"?" asks the clerical dapperling of these days, who has an incon ceivably slight smattering of acquaintance with the history of the Church of England, and fancies that The Early English Puritans. 13 the Puritans were from first to last intruders within her pale. The Puritans were in the Church of England from the days of Bradwardine and of Wickliffe; and had not their spiritual ardour and unconquerable fortitude in the Church of England defied the arts of power, she would, humanly speak ing, have been no living Church, imbued with sacred fire, a vessel and habitation of Christ, but a thing of clay, fit only for the uses of her royal potters. There is a consensus of testimony to the fact, that the English Reformers of the Tudor reigns were almost to a man of Puritan sentiments. Lord Macaulay informs us, not in his youthful essays, but in that history in which his early enthusiasm for the Puritans is so decidedly toned down, that the Re formers of England wished to go as far as their Continental brethren ; that they unanimously con demned, as Antichristian, numerous dogmas and practices which Henry retained, and which Elizabeth approved; that Bishop Hooper had the strongest aversion to the episcopal vestments; that Bishop Ridley pulled down the altars of his diocese, " and ordered the Eucharist to be administered in the middle of churches, at tables which the Papists irreverently termed oyster boards;" that Bishop Jewel pronounced the clerical garb " a stage dress, a fool's coat, a relique of the Amorites;" that Archbishop Grindal "long hesitated about accept ing a mitre, from dislike of what he regarded as the mummery of consecration ; " that Bishop 14 English Puritanism. Parkhurst prayed that the Church of England might model herself on the Church of Zurich; and that Bishop Ponet thought the word "bishop" should be exchanged for "superintendent." ."When it is considered," says Lord Macaulay, summing up^ " that none of these prelates belonged to the extreme section of the Protestant party, it cannot be doubted that if the general sense of that party had been followed, the work of reform would have been carried on as unsparirigly in England as in Scotland." Hallam — the Lord Chief Justice of our historical literature — pointedly exposes the misrepresentation that Puritan scruples were confined to a few, and sets before us, in two well-packed and weighty sen. tences, the precise state of the case at the accession of Elizabeth, " Except Archbishop Parker, who had remained in England during the late reign, and Cox, Bishop of Ely, who had taken a strong part at Frank fort against innovation, all the most eminent Church men, such as Jewell, Grindal, Sandys, Nowell, were in favour of leaving off the surplice and what were called the Popish ceremonies. Whether their objec tions are to be deemed narrow and frivolous or other wise, it is inconsistent with veracity to dissemble that the Queen alone was the cause of retaining those observances to which the great separation from the Anglican establishment is ascribed." The important and admirable work recently pub lished by Professor Hopkins, of America, on the Puritans of Elizabeth's reign, abounds with evidence The Early English Puritans. 15 that these views are correct. Episcopacy was not in those days deemed essential to the constitution of a Christian Church, or to the due administration of the sacraments; and holy orders conferred by any regular Church were recognised in the Church of England. In doctrine the latter had been radically reformed. Queen Elizabeth, though she had some scruples about assuming an authority so explicitly spiritual as that exercised by her father over the Church, was vehemently ambitious; and her imperious will, and magnificent self-reliance, prevailed with her to retain, with some slight modification, the ecclesiastical su premacy bequeathed her by Henry. By the statutes of Supremacy and Uniformity, enacted in the first year of her reign, she was declared head of the Church, and changes in discipline and ritual without approbation of parliament were prohibited. A gene ral uniformity in worship was thus secured, and it became competent to any zealous bishop to proceed against clergymen who departed from the established model. But no unexcepting assent to the Book of Common Prayer was required, and the Puritans con tinued for the most part to regard themselves as having a place in the Church of England. The great parties in the kingdom were three : the State- Protestants, who regarded the settlement of Elizabeth as leaving nothing to be desired ; the Puritans, who were of opinion that reformation should be carried further, and should be regulated exclusively by the Word of God; and the Roman Catholics, who 16 English Puritanism. watched the controversy between the other two with a view to profiting by their dissensions. The Puritans, we said, had hailed with ardent sympathy the rise of that school of Reformers who made the breach with Rome complete. They did not become Puritans at the bidding of Calvin, but they experienced the full might of that spiritual impulse which emanated from the French Reformer, The terrible and sublime idea of God's omnipotence, and of the immutability of His will, rested upon their souls. It impressed them with a gravity which deepened almost into gloom, and it lost somewhat of that spirituality by which it Was transfigured for the mind of Calvin, The positive ordinance of the sab bath, which to Calvin had been lost in the spirituality of Christian life, was a distinctive tenet of Puritan ism, The prevailing emotion, in the Puritan concep tion of the Almighty, was awe. If we would know how the Puritan felt, we must resolutely divest our minds of all ideas relating to the Divine Being, de rived from the habit acquired by men in these last ages, of sitting in judgment on the character of God, and discussing the quality of Scriptural ethics. The Puritans had not risen or sunk to that tender French conception of the Almighty as " le bon Dieu." They did not think of God as a simple impersonation of the benevolent principle, an easy, placable Father of the universe, wearing a smile of eternal indifference to right and wrong. God was to them what He was to the Hebrew king, when he said, "The Lord The Puritan Pear of God. 17 reigneth, let the people tremble ;" what He was to the rapt prophet who declared all nations to be to God " as the small dust of the balance." For these men the unseen was the reality, the seen a fleeting shadow. They lived in the presence of the Eternal. " If we provoke the mediator," said Crom well once to his parliament, " He may say, I will leave you to God, I will not intercede for you ; let Him tear you in pieces ! " Cromwell was not sensible of ditficulties in atonement ethics. He would as soon have thought of discussing theories of electricity when the blinding flash was on his eye balls. Men who in the wildest storm of battle were placidly dauntless, men whose adamantine fortitude no danger could ruffle, no difficulty appal, trembled and grew pale at the thought of falling into the hand of the living God, To such men it was consolation unspeakable to know that the divine will was actually expressed in the Bible, In that fear of God which made them towards men courageous and inflexible, they abode rigidly by the letter of Scripture, " Who are ye that set yourselves in opposition to an ancient church, to a venerable hierarchy, to famed divines, to anointed kings ? Who are ye that, with downcast eyes of humility, tower in presumption, and with self-abasement on the lip, swell in pride?" We, might the Puritans reply, are men to whom God hath spoken. Our humility is not feigned; our trembling hesitancy is not hypocritical ; but our fear and reverence are for God only. On our knees be- • c 18 English Puritanism. fore Him, with strong crying and tears, we learn what His word means. Knowing that, we deem it no pride to set our conclusions above human authority, no presumption to dare to adhere to them. Has not the Reformation startled Christendom from its mortal slumber on the breast of the Romish mother, and set each man of us face to face with his Maker] Will God accept the opinion of divines for us ? Will He accept the voice of Councils for usl Has He not cast us back upon our personality, and laid upon us the issue of life eternal or death eternal'? The tumult of men, the conflict of authorities, this is to us but a faint murmur from the shores of finitude : we shall listen for the voice of the infinite God. But did not their stubborn rejection of forms, their scrupulous avoidance of the sign of the cross and the use of the surplice, argue a pinched and morbid narrowness in the Puritans '? Were not their hearts void of genial sympathy, of wholesome imaginative fire, of the larger charities which glowed in the hearts of apostles and in the bosom of the early Church? We shall meet these charges with no sweeping nega tive. The Puritans were men ; the best of them im perfect saints, the worst of them stunted and intolerant bigots. But it is fair to contemplate this scrupulosity of theirs from one or two points of view, suggested by the circumstances of their position, and enabling us to judge them with candour, wisdom, and impartiality. The principle of adherence to Scripture was, in the first place, acknowledged on all hands to be the prin- The Rites and Ceremonies. 19 ciple of the Reformation, and on doctrinal matters it had been boldly applied by the Fathers of the Church of England. Naturally and logically, in the absence of circumstances adequate to establish an exception, the application of the principle to worship would have followed its application to doctrine. Faith and form, creed and ceremonial, doctrine and devotion, have a reciprocal connection. They are associated by the law which assimilates the foliage to the trunk, the costume to the character, the expression of the features and the words of the lip, to the sentiments of the heart. Mediaeval Romanism was not in its main character a religion of the moral faculty and of the reason. With an undefined doctrinal centre, the gor- geous draperies of its ceremonial floated appropriately round it, and it acted upon the popular imagination by form and rite, by solemn show and reverent circum- . stance. But Protestantism was essentially a spiritual, a moral, an intellectual religion. A rectification of the belief of Christians by the test of God's Word was its primary, its distinctive work ; a rejection of those symbols, in which Romanism expressed its character, appeared to be the next step in advance. This, we saw, was felt by the first generation of Eng lish Reformers, even though they were prelates of the Church. This was recognized by the Reformed communions of Germany, of Switzerland, of Scotland. These had passed on from the rejection of Romish doctrine, to the rejection, equally complete, of Romish ritual. Surely it was not unreasonable that the c 2 20 Plnglish Puritanism. Puritans should call upon the Church of England to follow this example, and having emptied the cup of the Romish enchantress of its sorceries, to cast away the glittering chalice in which they had shewn their witching colours 1 But the Puritan had other reasons besides the preservation of logical consistency in advocating a root and branch Reformation. He believed that dalliance with Rome was a wilful exposure to danger. He feared that delight in the symbol might lead to adoption of the substance. He spoke of the deadly malady of Romish error, of the moral atrophy and intellectual paralysis of Romish superstition, and he feared that a sweet and subtle poison might work through Romish ceremonies and forms. Arguments of admirable plausibility may be adduced to prove that this idea is erroneous. There are minds which seem constitutionally incapable of conceiving the peril apprehended. Following the stately argument of Hooker, one is apt to wonder how reasoning so plausible could have failed to satisfy the scruples of the Puritans. There is an amplitude in Hooker's mental vision, which commends him to all abstract thinkers, to all politicians of the library, and to all reformers of the closet. But the man who has to deal with definite, practical problems, who has to legislate for a world, not of judicious Hookers, but of injudicious and headstrong persons, will distrust the generality of his maxims. Hooper, Jewel, Hampden, Cromwell, all the thorough-going Were the Puritans ivwng? 2\ Protestants of the time, all the practical thinkers who knew mankind, believed that retention of cerop monies would predispose the people to Romanism, And looking along the intervening centuries, listeur ing to the unappealable verdict of time, do we find that those rugged practical men were in the wrong? To Hooker's challenge to shew how deadly infection could arise to the Church of England from similitude, in matters of indifference, to the Church of Rome, history has spoken their answer. Reminding hey children constantly of the ancient church, leaving them to decide whether her affinity is greater for Rome or for the Reformation, the Church of England has entailed upon them a trial to which many in every generation have fallen victims, A long pro cession of illustrious deserters from her communion, a procession in which glitter two crowns and many coronets, a procession in which have gone some of the noblest hearts and proudest intellects of England, a procession from which a constant arrow-flight of venomed taunts has reached her own bosom, testifies whether or not the Puritans of the sixteenth and seventeenth centuries erred in pronouncing it danger ous for the Church of England to halt between the Romanists and the Reformers, It is but just, also, to the Puritans to recollect that Popery had for them in those days an aspect of menace which few believe it now to wear. The historical drama of the Reformation was not concluded; the boundaries of Romanism and Pro- 22 English Puritanism. testantism had not been fixed throughout Europe; Jesuitism was still in the ardour of its mighty youth, thrilling armies with a fire as of the crusades, hanging on the outskirts of retreating Protestantism, here wooing back to the embrace of Rome gray- haired men who in early years had been disciples of Calvin, there asking the Lutheran with bitter scorn as he and his children passed weeping into exile, whether his God was indeed a tower of strength, and with its Tillys and Wallensteins setting the battle in array against the Reformed throughout all the German countries, Puritanism was already a power in England when the Massacre of St, Bartholomew befel in Paris, Midnight murder, — such was the doom which, in that impressive manner, Rome announced that she reserved for every Pro testant, Those shrieks breaking the night-silence, shrieks of men to whom faith had been pledged, — those gutters running with blood, blood of French citizens and patriots, — were likely to be remembered by Protestants, Puritanism had made its way into the corporations and manor houses of England, when the long conflict of the thirty years was pro ceeding, when the wail of Magdeburg went up to God, when Gustavus, who seemed the last hope of continental Protestantism, drooped his head in the moment of victory, and was led, in the sickness of death, from the field of Liitzen, Circumstances like these were fitted to interfere with mental equanimity, to disturb the appreciation of Romish ceremonies Were the Puritans wrong? 23 from the aesthetic and antiquarian point of view, to urge practical and impetuous minds to make the issue clear and simple — Rome or the Bible. But to cast one glance into the depths of this subject, — was it, after all, a degradation of the worship of the Most High which was attempted by these Puritans ? Were they altogether wrong in believing that there is a profound difference between the re ligion of taste and the religion of conscience ; between the sense of elevation, the contemplative rapture, the glow of lofty emotion, which are worked by modu lated music and solemn pageantry, by pictured wall and painted window, and the adoring humility and reverent awe which befit a man in the presence of his Creator? Is not the true sublimity of Christian worship its simplicity? Is not the radiancy of hallowed passion, the tear of peni tent rapture, as man kneels before his God, the true beauty of holiness? It may be difficult for us to conceive this, but it was not difficult for the Puritan, The intensity of his religious feelings raised him above the ministry of sense and imagination. We are apt to think of Puritan devotion as similar to that which now most resembles it in externals, but wants its animating spirit, its transfiguring glow of religious emotion. There is, indeed, no dreariness like that witnessed when, in a bare, unsightly edifice, a listless congregation goes through the bald forms of Puritan worship. When the spirit of adoration is away, the absence of that mechanism, by which 24 English Puritanism. sense and imagination are tenderly elevated or pleasurably subdued, is felt. But the pure might of religious feeling supplied for the Puritan the place of all such aids ; the intensity of his realization of God's presence made him commune with Him as spirit with Spirit, What to indifferent or to super ficially affected minds would have been cold and barren, was to the Puritan the serenity of impas sioned feeling. In the eloquent silence of God's presence, he required not the melting strains of music; in the piercing blaze of God's truth, he desired not the imagery of symbolic forms. On the whole, let us recollect, as an important practical fact, that the forms which they scrupled to accept were not, to the Puritans, what they are to members of the Church of England in our time. The sacredness they had possessed for Romanists had been rudely swept away : the sacredness they possess for modern Churchmen, who, from infancy, may have seen them combined with pure preaching of the Word, who may know them as the garb of a solemn and stately but sincere Protestantism, had not yet shed its halo over them. The Puritans associated with them only the dread and aversion with which they regarded Rome, They viewed them as badges of an alien Church. Their ancient lustre seemed the pallor of a corpse ; and the glory of a new life, infused into them by the Church adopting them, had not yet gifted them with solemn beauty or ancestral tenderness. The seventeenth century opened upon England State of Parties in 1600. 25 with the transference of the sceptre of the Tudors to the Stuarts. At that time, both Puritanism, and the opposition to Puritanism, were comparatively mild. The large majority of Puritans disliked the ceremo nies ; but desired their abolition chiefly for the relief of tender consciences, and to promote the peace of the Church. With a considerable number, conformity was a painful alternative, a choice between two evils ¦ to use the ceremonies might be an actual sin ; but to commit schism, to infringe that unity of the Church which seemed to men in those days so august and awful, would be a greater trangression. They earnestly desired, therefore, that the Church would release them from a yoke which galled their consciences, and enable them to read their duty as ministers, in the clear bold characters of Scripture, instead of spelling it out from the tormenting oracles of casuistry. Still fewer, yet not without influence from their talent, intrepidity, learning, and piety, were those who composed, what in modern diction would be called, the Puritan left. These joined with Cartwright in demanding that spiritual authority should be vested, not in the Crown but in the Church; and held that Presbyters, in Synod assembled, had an authority the same in kind with that of Bishops. On the extreme edge of this section were the followers of Brown, who found the ecclesia only in the congregation, and denied authority both to Bishop and Synod. Presbyterians and Con- gregationalists of the more decided type were already beyond the ecclesiastical pale ; but the great body of 26 English Puritanism. the Puritans were still churchmen. These demanded not the imposition of their own model upon all, but permission for all who had conscientious scruples to exercise Christian liberty. It seems difficult to believe that, for statesmen or churchmen of the liberal school of Hooker, it would have been impossible to make this concession. In the fourth book of his great work. Hooker quotes with approbation the large and generous sentiments on the subject of rites and ceremonies expressed by Gregory, Augustine, and Calvin, " Where the faith of the holy Church is one," — such is the opinion he adopts from Gregory, — " a difference in customs of the Church doth no harm," He agrees with Augus tine that unity of belief is not infringed by " variety of certain ordinances," Nay, he accepts from Calvin the sagacious and deeply Christian decision that, " sometime it profiteth and is expedient that there be difference, lest men should think that religion is tied to outward ceremonies," The main intention of Hooker, it is true, was to argue that the Church of England, as a whole, had a right to adopt a different ceremonial from that of other Reformed Churches. But no theologian has denied the claim of the indi vidual congregation to be in itself a Church, however justly the name may be applied to a multitude of congregations. In point of fact, if this is disputed, the first little company of believers, who met to worship Christ after His resurrection, did not consti tute a Church, And if Calvin and Hooker admitted James I. 27 that uniformity of rites throughout Christendom might lead to the idea that religion depends on ceremonies, with what plausibility could they have maintained that uniformity in every jot and tittle, throughout the ten thousand congregations of England, would not be attended with the same deadly peril ? It might have seemed that the accession of the royal line of Scotland to the English throne would inaugurate a period of tranquillity and reconcilement between the parties within the Church, James was a Calvinist; Scotland was Presbyterian, But Cal vinism in James was not that vision of all things in God which it was to Calvin, nor that habitual inter pretation of every event as the syllable of a Divine decree, which it was to Cromwell, but the logical conclusion of a coward's heart and a pedant's intel lect. And if James was theologically a Calvinist, he had learned to fear and detest that haughty spirit of Presbyterianism Which his despotic fussiness had irritated but could not quell. When, therefore, nearly a thousand of the Puritan Church ministers met him with their millenary petition, and implored on bended knee, "neither as factious men desiring a popular party in the Church, nor as schismatics aiming at the dissolution of the state ecclesiastical," that tithes snatched by greedy laymen might be appropriated to maintaining ministers in dark places, that non-resi dence and incapacity among the clergy might be 28 English Puritanism. checked, that ministers might be permitted occasion ally to meet for conference and deliberation, and that zealous and able pastors, fearful of offending God by adoption of the forms and ceremonies, might not be cast out of the Church, they found his mean petu lance as intolerant as the imperial ambition of Eliza beth, Four Puritan Doctors were permitted to argue against nearly a score of violent High Churchmen, backed by the King, with what result may be sup posed. The Conference, known as that of Hampton Court, was followed by a proclamation enjoining a strict enforcement of uniformity. It is a notable fact, and admirably illustrative of the way in which temperate, wise, and large-minded men then looked upon the demands of the Puritans, that Lord Bacon published, about the time of this Conference, a pamphlet advocating their principal opinions. "He excepts," says Hallam, " to several matters of cere mony; the cap and surplice, the ring in marriage, the use of organs, the form of absolution, lay-baptism, &c." Let those who deem the Puritans narrow- minded bigots weigh that fact. There must have attached to the points on which they insisted a sig- nificance hard for us to conceive, or they could never have enlisted the sympathy of a mind so capacious, discreet, clear-sighted, and vigilant as the mind of Bacon, During the reign of James, the Puritans expe- rienced no relief, and the inarticulate discontent and displeasure of the nation grew steadily in intensity. James L 29 James was in truth an irritating sovereign. As his religion was a pedant's syllogism, so his despotism was an argumentative hair-splitting egotism. It fretted the proud English people, who had bent impatiently to the princely rule of the Tudors, to be lectured on divine right and infallible kingship by the incarnation of a logical formula. The bite of James was not much, but the venom of the creature stung shrewdly. He had an occasional glimpse of insight. He per ceived at a glance that Laud would make nothing of Scotland — " Ye ken not the spirit of that folk." But what on the whole strikes the modern mind with amazement is that such a man should so long have ruled such a nation; that reverence for kingly descent should have so filled the atmosphere that not mere court favourites, but statesmen, divines, poets, and philosophers, should have rejoiced in the light of James's countenance. The English of that time believed/ themselves a free people. They valued their funda mental laws, and unviolated parliaments. But when we reflect on what they bore, not only from the Tudors, but from the first Stuarts, and recall the accents of slavish adoration in which they addressed their kings, the thought is borne irresistibly upon our minds, that constitutional monarchy, as we under." stand it, could never have flourished in Englandj unless the nation had been taught, in some trans- cendently impressive manner, to believe that kings are mortal. The historical effect of this reign was to em- 80 Plnglish Puritanism. bitter the dispute between Puritans and High Churchmen, and to identify the former more com pletely with the cause of England's civil freedom. The seventeenth century was entering its second quarter, when King Charles the First ascended the throne. He was the greatest monarch, and the most remarkable man, sent by the Stuart race to the throne of England. He willed that the state of England, political and ecclesiastical, should be one thing; the Puritans willed that it should be another. If we would know, therefore, whether the Puritans deserved well of their country, or whether their memory is righteously loaded by High Churchmen with con tempt and execration, we must place distinctly before the mind's eye a picture of England as it was when the Long Parliament rose against the King. Charles himself was a man whom his bitterest opponents allow tb have possessed many high and admirable qualities. In domestic relations irreproach able, a good husband, a good father, a friendly and indulgent master, chaste, grave, and temperate, with the demeanour of a gentleman, and the majesty of a king, he startled from his court, by the mere awe of his presence, that brood of foul and grovelling vices which nestled in the court of his father, and which rushed back to revel in the court of his son. His passions did not belong to the animal part of our nature, but to the spirit and the soul. He was a patron of learning ; he was not only a patron but a England under Charles I. 31 judge of art; and his intellectual activity took a higher elevation, his sensibility to the beautiful de rived a hallowing lustre, from his reverent apprehen sion of divine and eternal realities. That belief in I the divine right of kings, which was with his father = a pedant's formula, was with him an article of reli gious faith, of mystic veneration. That favour for episcopacy, which was with James a maxim of despotic policy, was with Charles a conscientious enthusiasm for the Anglican Church. This must, we think, be conceded, if we will conceive the elements of that strength which made Charles so much more formi dable to the Puritans than James had ever been ; and if we will form any correct idea of the better portion of that cavalier party, as the representative ; and ideal of which he stands before history, Charles was a man of purpose, of religion, of conviction. We see it in those melancholy eyes which appeal to us from the canvas of Vandyke; we find it in the princely dignity and martyr fortitude with which he bore himself, one awful day, before his palace of Whitehall, But if we maintain Charles's conscien tiousness against the general voice of Puritan writers, we must still more decisively allege, in contradiction to his blinded admirers, that his character had cer-( tain subtle but essential defects. His intellect was ' fine rather than strong ; the centre of his moral nature was a delicate sense of propriety, rather than a transcendent sense of truth. Hence in all things he lacked simplicity. His virtues had not the ruddy hue of health, but a sickly and cloistral air. His 32 English Puritanism. sincerity was enervated by vacillation, and entangled with craft ; it was a wish, an aspiration, a longing, not a clear and unalterable fact. His religion was perplexed with casuistry, and tainted by dissimulation. He was, we say, not simple. He could be known and trusted by no man— not even by Strafford, His ambition — for he was ambitious — was not the yearning of mighty faculties for the tasks of empire, as was the ambition of Caesar and of Cromwell; it was alloyed with the petulance of self-assertion, it was enfeebled by morbid no tions .of duty. In all things he was specious, plausible, imposing, never direct and true. To what extent he was influenced by the powerful minds which came in contact with him, it would be difficult to determine. We believe that he was profoundly affected by Laud and Strafford, But natures like his have an inborn antipathy to free institutions, and his hatred to Parliaments was more intense even than Wentworth's. That was an age when all free constitutions were in danger. The continental sove reigns were one by one securing the command of standing armies, and changing the parliamentary mace into the sword-sceptre. With more or less consciousness it was the grand aim of Charles to follow their example. His policy was not fully de veloped until it was in the hands of his two great ministers, the one for ecclesiastical, the other for civil affairs. Laud and Strafford : but from the commence ment of his reign its spirit was unmistakable. I The first Parliament summoned by Charles met Charles the First's Early Parliaments. 33 111 1625. It showed a disposition to enquire into grievances, and to express disapprobation of the king's proceedings against the Huguenots. It was dissolved within the year. A second was called in the spring of 1626. The Commons were willing to grant supplies, but were still intent upon grievances, and dared to impeach Buckingham, Charles im prisoned the managers of the impeachment, dissolved the Parliament, and arrested the chiefs of the oppo sition. In 1628 a third Parliament was convoked. Before its dissolution in 1629, it had extorted from Charles, by a bribe of five subsidies, the ratification of the Petition of Right. The provisions of that celebrated instrument were what not the most abject worshipper of prerogative could deem revolu tionary. The exaction of money by forced loans was condemned; the right of habeas corpus, a right of Englishmen as old as Magna Charta, was vindicated ;' the billeting of soldiers on private persons was\ restrained ; and the substitution of martial for civil law was forbidden. But Charles had no sooner got his money than he hurried the Parliament away from Westminster, and sent HoUis, Valentine, Eliot, and other members of the opposition to languish in< prison. Were these arbitrary proceedings justified by the conduct of the Parliaments? Let Clarendon be witness; Clarendon, whose reverence for Charles approached adoration, and whose hatred for the Puritans thrilled his cold nature almost to passion. 34 English Puritanism. He says that there occurred in those Parliaments several distempered passages and speeches "not fit for the dignity and honour of those places, and un suitable to the reverence due to his Majesty and hi s councils," But for such passages the historian of the Cavaliers assigns the just excuse: "Whoever considers the acts of power and injustice of some of the ministers in those intervals of Parliament, will not be much scandalized at the warmth and vivacity of those meetings," And as for their general character, he declares that in no formal act of either House was there aught which was not " agreeable to the wisdom and justice of great courts on those extraordinary occasions," Charles not only dismissed them ignominiously, but clenched his teeth in implac able resentment, and determined in his heart to call no more Parliaments. He had now occupied the throne for four years, Buckingham was dead. The transformation of the court of James into the court of Charles, which never could have been complete while the favourite lived, was accomplished. Laud had supplanted all others as ecclesiastical adviser ; and Wentworth, the eloquent, daring, chivalrous patriot, had become a peer and an apostate. Laud, the father of Anglicanism strictly so-called, the martyr, saint, and apostle of the holy Tractarian Church, has been severely treated by authors, Macaulay spurns him with intemperate disdain, " The mean forehead," says his lordship, " the Laud. 35 pinched features, the peering eyes, of the prelate, suit admirably with his disposition. They mark him out as a lower kind of Saint Dominic, differing from the fierce and gloomy enthusiast who founded the inquisition, as we might imagine the familiar imp of a spiteful witch to differ from an archangel of darkness." Caiiyle handles him, as he always does those whom he regards as too weak for great goodness or great badness, with a playful, pitiful contempt, — " Little Dr. Laud !" Hallam, speaking as usual from the bench, is not contemptuous; he says all he can for the Primate ; and all is not much. Theological learning, generosity in patronising letters, warmth in friendship, and a slight tincture of religion, are imputed to him by Hallam, But his talents were poor; his ambition was servile: his religion was alloyed with worldly interest and temporal pride ; and his temper was choleric, vindictive, harsh, and cruel. He was " the evil genius " of Charles. WiU no one speak a good word for Laud? We turn hopefully to Clarendon. He sets out well. We hear at last that Laud was " a man of great parts, and very exemplary virtues ;" but the next moment our enthusiasm is damped by learning that these were " alloyed and discredited by some unpopular natural inflrmities." The Laud of Clarendon is an impracti cable, choleric pedant, with raspy voice and irritating, impatient ways; without natural humour, incapable of seeing or taking a joke ; one of those incurably disagreeable persons whom Hazlit would have advised D 2 36 English Puritanism. to give up the attempt to make themselves tolerable tb humanity. Professor Masson thinks, even, that the secret of Laud's ascent may have lain in his personal repulsiveness. "To have hold of the surrounding sensations of men, even by pain and irritation, is a kind of power ; and Laud had that kind of power from the flrst." He had. Enthusiasm for Laud among his contemporaries, there seems to have been absolutely none, unless the soul of Peter Haylin was capable of enthusiasm. Yet is it not difficult to explain Laud's influence with his contemporaries ; nor is it impossible, though less easy, to account for that reverent enthusiasm for his memory, which constitutes, in modern times, one of the best proofs of an exalted frame of Oxonian piety. He had a sincere faith in the externals of religion ; he attached infinite importance to making clean the outside of the cup and platter. He died with this affirmation on his lip, and, beyond question, it was true, " Ever since I came in place," he said before his judges, " I laboured nothing more than that the external public worship of God, too much slighted in most parts of the kingdom, might be preserved," Neglect of externals had, he averred, " almost cast a damp upon the true and inward worship of God; which, while we live in the body, needs external helps, and all little enough to keep it in any vigour," This was Laud's idea of the beauty of holiness. He conceived that, in seemly and im posing externals of worship, there lay a mystic power Laud. 37 to win the heart to religion. It was an idea which possessed an obvious attraction for the stately, ceremo nious Charles, and Laud went all lengths with the king in affirming the right divine of monarchs and of bishops. For the rest. Laud was intense, vehement, energetic ; he made his soul like unto a wedge. He was troubled with no doubts or scruples, turned neither to the right hand nor to the left, paused for no recreation, and was never caught slumbering. Like Robespierre, between whom and Laud there was in several things a close resemblance, he believed every word he spoke. It is this character, in which tem perament plays as important a part as mental capacity, that commands success. Bishop Williams — a man of incomparably nobler faculty than Laud, brilliant, genial, eloquent, versatile; who, when he brought Laud to James, had probably never conceived the possibility of his becoming a rival — was soon thrust aside by the wiry, sleepless zealot, all iron, and dull- burning, unquenchable fire. Let no one imagine that Laud was gifted with sensibility to grace and solemn loveliness. He is ever, when we look at him closely, the raspy-voiced, bustling, peevish little doctor, whose beauty of holiness is only the apotheosis of formalism. In that famous consecration of the Church of St, Catherine, in London, by the archbishop, we find, with some amazement, that the ceremonial consisted mainly in regulated antics— bowings, stoppings, jumpings back ward and forward, according to number and measure. 38 English Puritanism. without any discernible principle of beauty or im- pressiveness. "As he approached the communion table," thus proceeded the consecration at its most solemn part, "he made several low bowings; and coming up to the side of the table, where the bread and wine were covered, he bowed seven times ; and then, after the reading of many prayers, he came near the bread, and gently lifted up a corner of the napkin wherein the bread was laid; and, when he beheld the bread, he laid it down again, flew back a step or two, bowed three several times towards it; then he drew near again, and, lifting the cover of the cup, looked into it, and, seeing the wine, let fall the cover again, retired back, and bowed as before." We calculate that Laud, the little, red-faced, mean-looking man, bowed here some two dozen times, with inter spersed skippings and pacings. Can anything he conceived more grotesque than the whole affair ? How then is it that Laud is to many devout Angli cans of modern times a poet-priest, whose adoration clothed itself naturally in beauty, who trimmed the lamp of sacrifice that its golden light might stream more radiantly towards heaven, and fill with hallowed effulgence the temple upon earth \ Laud stands for more in history than he was in fact. He originated what it seems impossible that he can have deeply sympathised with. For George Herbert there was real poetry in the choral chaunt, in the coloured window, in the marble altar, in the solemn aisle. In Herbert's church of Layton, which was "for the Herbert and Ferrar. 39 workmanship a costly mosaic, and for the form an exact cross," there ministered a true poet-priest. The man who at Bemerton prayed and mused until " The Temple " gradually rose in melody to his enraptured imagination, meant more than Laud by the beauty of holiness. Nor is it quite with the Puritan shudder that we think of that " Protestant nunnery," which Nicholas Ferrar established in those times at Little Gidding, on the borders of Northamptonshire. There, night and day, did the sound of prayer and praise ascend from virgin-choirs, while candles, white and green, shed around a dim, religious light, and the deep organ filled the place with moving sound. These are for us the more tender lights of the Laudian picture, and when we fix our gaze upon them, and reflect on all that has been done by genuine sensibility since the days of Laud, to invest the worship of the Church of England with lofty imagery and melting grace, we cease to be astonished at the veneration entertained in some quarters for Laud's memory. These were, we say, the high lights of the Laudian picture. It is well to make the most of them. The shadows they have to relieve are dark. For the Puritans there was one fatal circumstance in all this cultivation of the beauty, or at lowest of the uphol stery, of holiness. It was not optional, but compul sory. We know what songs are to a heavy heart. Perhaps it might be equally tormenting for a Puritan, trembling in the eye of the awful God, asking, as with the reeling earthquake under his feet, what he 40 English Puritanism. should do to be saved, to be compelled to interpret the divine command to worship in spirit and in truth after the Laudian fashion. For there was no tole rance in the Archbishop. The large spirit of the old Romish Church, in respect of form and rite, was alien to the contracted soul of Rome's pedantic imitator. The generous breadth of the first Reformers and. their immediate successors, the philosophic liberality of Hooker and Bacon, were unknown to the iron formalist. The word of the law, enjoining uniformity of worship, had since Elizabeth's time been strict enough, but it had been indulgently applied. Practi cally the result had been a general uniformity, with a pleasing and salutary variety. But Laud could allow no free sprouting of the forest boughs; every tree must be cut in exactly the same form. This was new in England, and if the Puritans, in the day of their ascendancy, enforced a uniformity of a different kind, it must be remembered that it was Laud who taught them the lesson of intolerance. The just and tem perate prayer of the old Puritans, that, while they interfered not with others in worshipping as seemed to them best, and while they held the unity of the faith, and were loyal subjects of his Majesty, they might be permitted a certain latitude in the manner of celebrating divine worship, was for the first time, in practice as well as in theory, rejected by Laud. Uniformity had been previously enforced with an occasional touch of whips ; he enforced it constantly and universally with scorpions. Enforcement of Uniformity. 41 And Laud's education of the clergy in the prin- ciples of aesthetic piety did not cease with ceremonial. An act had been passed in James's reign ordering the Book of Sports to be read after sermon in churches. While James lived, neglect to obey the statute had been overlooked, but an instrument so exquisitely adapted to torture the Puritans could not escape the new inquisitor. The clergy of the Church were rigorously compelled to proclaim from the pulpit, as a decency and duty, what every Puritan who believed in the binding nature of the fourth commandment regarded as a heinous sin. The moral dilettante of these enlightened days, who has so much to find fault with in the Puritans, is specially incensed at their Sabbatarian narrowness. But was it, after all, so unreasonable in clergymen to wince under a command to enjoin Sabbath-breaking? Even the Sunday league do not, we believe, expect ministers to recommend their hearers to erect Maypoles in the parks on Sabbath afternoons, and dance round them. And in estimating that habit of discountenancing amusements, of which so much has been made against the Puritans, it is fair to reflect upon the galling bondage of which Maypoles were to Puritans the type. Laud's surveillance over doctrine was as keen as over ceremonial. He proscribed Calvinistic preach ing throughout the Church, To his other honours is to be added that of having reformed the Church, for the fourth or fifth time, in an Arminian sense. For 42 English Puritanism. daring to preach against Popery and Arminianism, Mr, Nathaniel Barnard "was excommunicated, sus pended from the ministry, fined a thousand pounds, condemned in costs of suit, and committed to prison." Preferment ran in full flood towards the Arminian preachers. Papists, on the other hand, were treated with ostentatious tolerance; and Rome began to gather in the flrst of those harvests of Laudian converts from the English Church, of which the sheaves have been so rich and abundant in the nine teenth century. But it was when the Puritans fretted against the yoke, and one of those remonstrating books or pam phlets appeared, which were then the popular press of England, that the might of the Anglican Dominic was most imposingly displayed. In 1630, the father of Archbishop Leighton was prosecuted in the Star Chamber, for his Zion's Plea against Prelacy. He was deprived of holy orders, and committed to prison. He escaped, and was recaptured. His age was then between forty and flfty, his complexion fair, his fore head lofty. " I mean to come over," he had written to his wife from Utrecht, " upon Jehovah's protection, under whose wings if we walk, nothing can hurt us." He was flrst severely whipped. Next, he was set in the pillory, and had one of his ears cut off. His nose was then slit, and he was branded on the cheek with a red-hot iron. This was the flrst half of his punishment. He was taken back to the Fleet prison, kept there for a week, and then " his sores upon his Leighton, Burton, Prynne. 43 back, ears, nose, and face, being not cured, he was whipped again at the pillory in Cheapside, and there had the remainder of his sentence executed upon him, by cutting off the other ear, slitting the other side of the nose, and branding the other cheek," Flung again into prison, he remained there ten years, William Prynne, for writing a book against the stage, in which he said that female players were notorious courtezans, had his ears cropped, and his forehead branded in 1633, He was condemned to perpetual imprisonment. Unconquerable as an old Norseman, he wrote in his dungeon another attack against Laud and his suffragans. In June, 1637, he was brought out, with Dr. John Bastwick, a physician, and the Rev. Henry Burton, a parish clergyman, guilty also of anti-Laudism, to undergo another . punishment. They were set in pillories in Palace yard, the people flocking round them, not to pelt and hoot malefactors, but to look with wonder and passionate tears on brave Englishmen, true to the people and to God, Prynne was regarded with peculiar spite by the authorities, and private directions were in those days sometimes given to executioners ; his ears were sawed off with a ragged knife, " Cut me, tear me," he cried, as with the snarl of a baited lion, " I fear thee not; I fear the fire of hell, not thee!" What a reality the fear of hell was in those days ! Prynne addressed the people, told them that he could prove against Lambeth and Rome that these things were contrary to the law of England. " If I fail to prove 44 English Puritanism. it," he said, " let them hang my body at the door of that prison there." The crowd had the utmost con fidence in Prynne's logic, and expressed the same by a great English shout. Burton made the pillory a pulpit, and preached the gospel to an audience pro bably more attentive than usual ; but the hot June sun and the agony of his mangling nearly overcame him, and as they carried him away, he almost fainted. " Bastwick's wife, on the scaffold, received his ears in her lap, and kissed him." Such things rather impeded the popular apprecia tion of Laud's upholstery of holiness. And be it remembered the Puritans had to content themselves with Laud's religion or none. An Association had been formed in the last year of James's reign by a number of pious men, for the purpose of buying up tithes which had been snatched by laymen, and applying them to the support of preachers who agreed with Laud neither in his Arminian theology nor his ceremonial worship. It was the first grand exhibition of the voluntary principle in England ; its head quarters were London, a city then eminent for its godliness and patriotism, and one of its supporters was Oliver Cromwell, an energetic farmer of Hunting don, whose spiritual experience was in those days very comforting to his pious friends. A letter of Oliver'sj referring to one of the lecturers to whom the Associa tion had lent assistance, is extant. " Building of hospitals," he writes, " provides for men's bodies ; to build material temples is judged a work of piety ; but Fnfofcement of Xlniformity^ 45 tkey that procure spiritual food, they tbat build up spiritual temples, they are the men truly charitable, truly pious." Oliver Cromwell, we may remark in passing, seems to have thought that the highest kind of Church extension is the procuring of men who are living spiritual temples. It is an opinion not in the least antiquated, worthy of the greatest practical genius that ever lived in England, and deserving careful consideration at this day. But the Association and its lecturers were beyond the regulation bounds ; Laud, therefore, brought the leaders into the Star Chamber, had them condemned to pay a severe penalty, and broke up the whole scheme. And constantly, as we said, the throng of proselytes was pressing on from the Church of England to the Church of Rome. In doctrine, as well as in ceremo nial, the Laudians were drawing nearer and nearer to that Church at which the Puritans shuddered as the great apostacy. The Archbishop plainly declared that in disposing of benefices he would prefer single to married priests. Montague, Bishop of Chichester, favoured the invocation of saints. Some argued foi* prayers for the dead, thus making way for a belief in purgatory. The clergy in many quarters cast wistful glances on that powerful Romish weapon of auricular confession. The doctrine of transubstantiation was not explicitly avowed, but its essence, wrapped up in vague phraseology, was generally accepted ; and the keystone of the Lutheran reformation, justification by faith, not by works, was obscured and unsettled. " It 46 English Puritanism. must be confessed," says Hallam, " that these English theologians were less favourable to the papal supremacy than to most other distinguishing tenets of the Catholic Church. Yet even this they were inclined to admit in a considerable degree, as a matter of positive, though not Divine institution; content to make the doctrine and discipline of the fifth century the rule of their bastard reform," The King had opened secret negotiations with Rome, Was it strange if rugged Prynnes, terribly afraid of hell, and with their sense of ecclesiastical aesthetics rather deadened in the pillory and the dungeon, and earnest prayerful Cromwells, for whom the clear shining of Gospel light was the sole beauty of holi ness, should have viewed these things with infinite alarm and dismay? There is an organization so exquisitely strung, so delicately poised between extremes, that it can balance itself with angelic safety on the thin aerial line which the Laudian Church takes for its own between Rome and the Refor mation, But ordinary mortals are not only unable to perform this feat ; they are unable even to under stand how others can achieve it. The Pope, who ought to have been a good judge whether Laudism is really different from Romanism, offered Laud a Cardinal's hat. Add a little higher elevation, a somewhat more ethereal sentiment, to a Laudian sister of mercy, and she becomes a Romish nun; add a little more learning, a keener intellectual fire- edge, to a Laudian doctor of divinity, and he becomes Strafford. 47 a Romish Newman : it is a faith which can be held only by a peculiar people; a faith which he who runs cannot easily read. Prynne, with his ears twice sawed from his head, was excusable in not quite ap preciating its music of the spheres. Laud was now in the heyday of his glory, a glory like that of the sultry sun which ripens pestilence in the marsh; but he was still vexed by the contra diction of men with more bowels, and less faith, than himself. Even the Star Chamber, " where those who inflicted the punishment reaped the gain, and sat, like famished birds of prey, with keen eyes and bended talons," scowHng ruin upon their victims, was not energetic according to the measure of Laud. In one man alone did he find sympathy vehement enough to cheer his dark soul, and stroke his raven plumage till it smiled. He sent croak after croak across St. George's Channel to a strong eagle, which answered with proud, exultant scream. All men have agreed to deny high talent to Laud ; all men have agreed to impute supreme genius to Wentworth, He represents the civil arm, as Laud represents the ecclesiastical, of that comprehensive despotism which was being prepared for England under the auspices of Charles. He is one of those characters which fascinate and awe the historian, as he marks their forms sweeping in majestic gloom along the twilight galleries of the past, Alva, Wal- lenstein, Strafford, still lay a spell on the imagination of mankind. "Wentworth," exclaims Macaulay, 48 English Puritanisni. dashing in, with firm, quick strokes, the most vivid portrait he ever drew, " who ever names him without thinking of those harsh dark features, ennobled by their expression into more than the majesty of an antique Jupiter ; of that brow, that eye, that cheek, that lip, wherein, as in a chronicle, are written the events of many stormy and disastrous years, high enterprise accomplished, frightful dangers braved, power unsparingly exercised, suffering unshrinkingly borne; of that fixed look, so full of severity, of mournful anxiety, of deep thought, of dauntless resolution, which seems at once to forbode and defy a terrible fate, as it lowers on us from the living canvas of Vandyke ? " But no material portraiture is necessary in order to convey an impression of the colossal powers of Strafford, That scheme of Thorough was a masterpiece of practical genius, Wentworth, alone perhaps in his generation, saw precisely whither things were tending. He knew the historical import of the great events of his day ; he saw to what hour of destiny the hands pointed on the clock of time. The grand issue between des potism and constitutionalism was to be decided in England. Strafford did not wish unmasked des potism to be established in that country of which he was once an illustrious patriot. His desire was that the supremacy of the will of the sovereign, which had existed in the Tudor reigns, should be perpetuated. Under Henry and Elizabeth Parlia ments had hardly become vocal, and reverence for Strafford. 49 the prerogative was so profound that, except in rare cases, they were quelled by a strong exertion of the monarch's will. But the intelligence and eloquence of Parliament had risen to an extraordinary height in the early years of Charles, and sympathy had been perfectly established between Parliament and the nation. Nor was the majesty which doth hedge a king quite so overpowering to that generation of English men as it had been to their fathers. If the preroga tive was to continue supreme, some reinforcement of its power was indispensable. Such reinforcement could consist only in a standing army; and it was this fact on which Wentworth laid his giant grasp. The king was to raise money without reference to Parliament; an army was to be embodied; and Charles was then to treat the Houses with that' amount of respect which to his gracious condescen sion should seem fit. Such was the project which Wentworth named Thorough ; and for which the raven of Canterbury croaked that he went in " thorough and thorough," It was well named : had it succeeded, the ancient Parliament of -Eng land would have become part of the pageantry of the throne. Side by side with the reformation of the Church on the model of Laud, went on the reformation of the State on the model of Slrafford, Year . after year passed without a parliament. The exchequer wasi replenished by ruinous fines, by the sale of monopolies, ' by royal proclamations. At length the audacious step 60 English Puritanism. of levying ship-money in the inland counties was resolved upon. Elizabeth, when the Armada, like a terrible bird of prey, was flitting along the white cliffs of England, had raised money in the sea-ports for the equipment of vessels of war ; but not even " the imperial lioness " had demanded ship-money in the interior of the country ; and, as it was never a regular method of raising supplies, never intended to supersede the legal method of parliamentary vote, Charles had bound himself by the Petition of Right to abandon it. Among the other inland shires, Buck ingham was now assessed, and as a landholder of Buckingham, John Hampden was called upon to pay for one parish thirty-one shillings, for another, twenty shillings. He refused to pay a farthing, and defied the whole power of Government. England gazed with proud admiration on this country gentleman, who attached importance so transcendent to a princi ple, and who believed that, in the tribunals of his country, the subject had as firm a footing as the king. The memorable ship-money case was tried in 1637, a few months after the triumph of Laud over Prynne, Bastwick, and Burton, in Palace Yard. The judges in the Exchequer Chamber, pronounced, by seven against five, that Hampden was bound to pay. The provision of the Petition of Right, that no " gift, loan, benevolence, tax, or such-like charge" should be levied without consent of parliament, was thus swept away. Englishmen were placed at the mercy of the crown, to an extent unknown since the concession of Magna Charta, The Scottish War. 51 The great work was almost complete. The Parlia ment of England had not sat for eight years. The Courts of Law were subservient to the Crown, The Church was ruled with a rod of iron, A little more sleep, a little more slumber, and the eyes of England had been sealed in eternal despotism. The bosom of the nation heaved as in the stifled agony of night mare, but "pacific England, the most solid pacific country in the world," as Carlyle well calls it, gave no sign of insurrectionary fury. The American wild was becoming peopled with English exiles. Lord Say, "the wise and cautious;" Lord Brooks, "the brave, open, and enthusiastic ;" Hampden, the mag nanimous, thoughtful, and dauntless, were beginning to despair of England, Suddenly a streamer shot from the northern sky; all eyes were turned upon the portent of storm ; and a thrill of fierce joy struck to the hearts of the patriot Puritans of England, as the trumpets of gathering war sang clear from the Scottish border,^ Laud, vehement and intense, with no statesman like breadth of view,"and none of that human sym pathy which enables the practical statesman to know how nations feel, appears to have thought that, as Scotland was a little kingdom, he could deal with it more summarily and easily than with England. He set to work with emphasis. Episcopacy was forced upon the Scotch ; and, in 1637, the final step of intro ducing a liturgy was attempted. The result is known to all. Jenny Geddes flung her stool at the__head of E 2 52 English Puritanism. the officiating Dean of Edinburgh, and an uproar ascended in the old Greyfriars Church, loud enough to waken the dead that slept around. Clarendon thinks that this riot in Greyfriars was a kind of acci dent, and that men of craft and influence, acting with and upon it by various artificial methods, produced the world-historical movement of which the centre was the Solemn League and ¦ Covenant. The theory is interesting. It serves at least to show the his torical capacity of that stately senatorial author — his power of appreciating the feelings which produce national revolutions. The tumult in Greyfriars was a jet from fire-fountains that had long swelled in the heart of the Scottish people. That stool of Jenny's, flying aloft so conspicuously, was a cinder from the deeps of a true burning mountain. The Scotch had long been enthusiastically Presbyterian. The preachers were the popular leaders of the nation; the General Assembly of the Church, with its exten sive lay representation, was the real Parliament of the country. The cause of liberty and the cause of religion were allied in England; in Scotland they were one. The Scots, having once risen against the impositions of Laud, glowed speedily into a universal passion of excitement; the Solemn League and Cove nant, for the establishment of Presbyterian uniformity throughout the three kingdoms, was signed by all classes with tears of rapture, often in the blood of the subscribers ; and an array in hodden grey and blue bonnets, ranged beneath a banner inscribed in golden The Covenant. 53 letters, with the blazon. For Christ's Crown and Cove nant, announced to Strafford, Laud, and Charles, that the time had not yet come to bring out with shouting the topstone of Thorough. The whole body of the English Puritans were from the first in sympathy with the Scots, and disaffection had spread so generally throughout the nation, that it was impossible for Charles to 'raise an army in spired with any right enthusiasm for his cause. He went north in 1639, and looked upon the army of the Covenant, garnishing the hill of Dunse, above Berwick, with its brave new colours, its white tents, and crown of mounted cannon. He may have gone near enough to hear the drums, which acted as church bells and called the ruddy-faced young soldiers to " good sermons and prayers morning and even, under the roof of heaven," or he may have heard, at dawn or sun-down, the singing of psalms and the voice of prayer borne mellow from the far hill-side. Laud had found " no religion " in Scotland, not the slightest talent for, or appreciation of, the upholstery of holiness. It might have widened his ideas a little, or at least struck him into dumb amaze ment, to have seen that worshipping army, in its azure temple with the floor of green. The expedition to Scotland exhausted the royal exchequer, and, as no lasting peace came of the truce which was cobbled up, a supply of money became indispensable. After eleven years' intermission, and with profound reluctance, Charles called the Par- 54 English Puritanism. liament, which met in the spring of 1640, The Enghsh. nation, with that infinite tolerance for monarchs v^hich was in those days its characteristic, rejoiced to see once more the face of parliament; and the Houses were sober, dispassionate, and disposed to please the king. But they had a manful sense of the abuses under which the nation groaned, and quietly, but resolutely, set about their redress. They had sat some three weeks when the king turned them adrift. His friends were filled with mournful aston ishment; his enemies with bitter joy. This was the short Parliament. All the old illegal methods of raising money were now resorted to by Charles, and in August he marched again to meet the Scots, who this time had advanced into England. The king had got an army, but it would not fight. Posted on a hill to receive an enemy which had to ford a deep river in its front, it waited not to give or take a blow, but broke at once into what Clarendon calls " the most shameful and confounding flight that was ever heard of." This was at Newburn on the Tyne. The Scots estab lished themselves in the northern counties, and the embarrassments of Charles became desperate. It is impossible not to be struck with the shining part played by the Scottish people in this the first period of their intermeddling in the English Puritan business. Clarendon, who hated Scots with a perfect hatred, cannot veil the brilliancy and success of their proceedings. There is a stirring poetry, akin to that The Scots in England. 65 which thrilled the Hebrew nation of old at the thought that Mount Zion was to become the crown of the whole earth, in the aspiration of the little kingdom to make its Covenant a bond of union, a fount of blessing, for the three nations. Away among their misty hills, the Scots could not be left alone. Laud must torment them with his genu* flexions, his surplices, his services, his bishops. So they towered suddenly up in a passion of sacred wrath and enthusiasm, and vowed that the brethren whose groans they heard from England should also be free of Laud and his inventions. Their carriage in England was discreet and sagacious, as well as brave. Their leaders, the Earl of Rothes, Lord Louden, Alexander Henderson, men of tact, energy, and ability, appreciated the danger of wounding the pride of the English people by seeming either to con quer or to lay them under too great a debt of grati tude. They earnestly declared that the Scottish people " remembered the infinite obligations they had from time to time received from this nation ; especi ally the assistance they had from it in their reforma tion of religion, and their attaining the light of the gospel ; and therefore, as it could never fall into their hearts to be ungrateful to it, so they hoped that the good people of England would not entertain any ill opinion of their coming into this kingdom in a hostile manner." Clarendon expresses astonishment at the skill, harmony, self-command, and " confidence in each other," with which the numerous Scotch nobility 56 English Puritanism. and their clergy acted; and laments that "this united strength, and humble and active temper, was not encountered by an equal providence and circum spection in the king's councils," These judicious Scote secured a splendid maintenance for their army in Durham and Northumberland, and the chiefs, lay and clerical, found their way to London, They were lodged in the heart of the city, near London stone, in a house adjoining St. Antholin's church, which was assigned them for their devotions. There Alexander Henderson and his brethren preached, and, to the great disgust of Clarendon, the Londoners flocked in crowds to hear them, so that " from the first appear ance of day in the morning on every Sunday, to the shutting in of the light, the church was never empty." Readers of sensibility will imagine the horror of Doctor Laud ! But we have anticipated. An event or two not unknown to history had occurred before Presby terian preachers could become popularities in the city of London. As the best of many bad alternatives, Charles had resolved, in the autumn of 1640, to call another Parliament. It met in November. It has been named the Long Parliament ; and is regarded by judges as the most remarkable representative body that ever sat in this world. The English nation had been hard to rouse, but the day of their wrath was come. The pent up in dignation of eleven years rushed on with the might of an Atlantic tide ; and Thorough went down before The Long Parliament. 57 it like a house built by children in the sand of the shore. Yet is it not so much the fervour of righteous vengeance in the statesmen of the Long Parliament which strikes upon the imagination, as the wisdom and calm intrepidity with which they directed it against its objects. They had formidable enemies to deal with. In reading of the French Revolution, we are constantly impressed with the feebleness of the opposition with which the chiefs of the popular party had to contend. Louis XVI, Marie Antoinette, Calonne, Maurepas, Lomenie de Brienne, were poor creatures, and the triumph of the revolutionists over them shows like a massacre of the innocents. But our fathers fought with men. Laud, Charles, above all Wentworth, were no despicable adversaries. It was a perilous task to cope with these. Can any thing be more terribly magnificent than that arrest of Strafford ? As we recall the day when Pym made his accusing speech, and the Commons sat hour after hour until the dread business was accomplished, we seem to see a royal eagle poised high in the heavens, and mark an eagle-slayer, planting his foot on a dizzy crag, bending his bow with giant force, taking, calm and steady aim, and sending the shaft hurtling through the sky. The arrow mounts, strikes, and in a moment the poised wings flutter, and Wentworth sinks like a stone into the abyss. What was the thought which struck along Strafford's brain when his " proud glooming countenance" darkened at the tidings that he was impeached for high treason? 58 English Puritanism. Was it not the thought that, great as he was, the men against whom he had measured himself, Pym, Hampden, and their compatriots, were abler men than he ? The mighty tide swept on, Strafford died on the scaffold ; Laud was committed to the Tower ; the Star Chamber, the High Commission, the Council of York, were abolished ; every agent by whom Charles had for eleven years striven to decree injustice by a law either saved himself by flight, or was called to account ; and the Parliament passed a Bill to which Charles dared not refuse his sanction, ordaining that it should not be dissolved without its own consent. Clarendon may well call the statesmen of the Long Parliament " terrible reformers." They were terrible, but they were also great, and they originated all that has been greatest in the history of nations since the day they met. When we pause to ask what was the pre-eminent glory of that Parliament which, in its earliest years, set the constitution of England on an immovable basis, we find that it was the harmonious combination of two elements, which have been separately appre ciated and admired, but never clearly apprehended in their symmetry and their unity. The entire school of political speculation represented by Bentham, by the Mills, and by Buckle, a school imbued with the secular spirit of the French Revolution, has extolled the respect for law, the reverence for justice, the affection for constitutional form, which animated the The Statesmen of 1640. 59 Puritan legislators of England. But to these modern speculators the religious fervour of the Puritans is an offence which they shun to contemplate, a scandal which they seek to hide, or an accident to which they attach no importance. Mr. Carlyle, on the other hand, pours fierce contempt on all that which these men deem worthiest of praise in the statesmen of the Long Parliament. He passes lightly over the ship- money case, Hampden is for him a man of close thin lips, vigilant eyes, and clear official understand ing, very brave but formidably thick-quilted in con stitutional theory. It is with the religious fervour of the Puritans, and that alone, that Mr. Carlyle has any ardent sympathy. He paints in colours of vivid poetry the sublime passion of their spiritual enthu siasm. " Our ancient Puritan Reformers," he ex claims, " were, as all Reformers that will much benefit this earth are, always inspired by a heavenly purpose. To see God's own law, then universally acknow ledged for complete as it stood in the holy written Book, made good in this world ; to see this, or the true unwearied aim and struggle towards this, it was a thing worth living for and dying for! Eternal justice ; that God's will be done on earth as it is in heaven." True words ; true as they are beautiful: but not the whole truth. The special glory of the Puritans is that they combined all that is seen in them by Bentham with all that is seen in them by Carlyle, They had the thoughtfulness, the sagacity, the wholesome conservative sympathy, the 60 English Puritanism. veneration for law and precedent, which mark con summate practical legislators; but they had also a spiritual ardour, a pure moral enthusiasm, a perpetual sense of responsibility to the Most High God, which raised those qualities to a more ethereal temper, and shone through them like sacred fire dwelling in taber nacles of clay, England then had statesmen who were godly; and godly men who were statesmen. Never was a political revolution so hallowed and elevated by religion as that of the seventeenth century; never was a religious revolution so moderated and guided by political wisdom. It was by no base material desire that those Conscript Fathers of the state were moved. They were no raging anarchists, maddened by famine, and deliriously wailing and gnashing round their king for bread. Clarendon expatiates on the material prosperity of England during the ascendency of Laud and Strafford, and reflects, with a dignity worthy of some high magnate in an oriental empire, on the unreasonableness of men who were roused to such indignation by mere infraction of law, nay of one law, namely, that supplies should be raised by Act of Parliament, What a little matter ! It was only that the king should be nourished by an opulent realm without humiliating appeals to his people. It was only that a rich Hampden here and there should be illegally sentenced to pay a few shillings. It was only that, in the background, unseen by the common eye, like two dark enchanters in their Cyclopean cave. Laud and Strafford should forge the The Statesmen of 1640. 61 one a chain for the Church, the other a sword for the State, chain and sword the emblems of that abstract danger, that unfelt and ideal woe, the system of Thorough. It was only, in one word, that England should be lulled gradually into the sleep of des potism, to await, with the other European monarchies, like those sceptered forms that slumbered in the hall of Eblis, the awakening of anarchic revolution. Our fathers discerned the peril ; no semblance of external prosperity could veil it from their eyes. They felt that a subtle poison was stealing through that balmy air. They knew that the heaven, for all its azure and sun shine, would become brass, and the earth, for all its smil ing plenty, would become iron, if once those guardian angels, law and freedom, forsook their ancient trust in England. Not by the will of one, but by the wisdom of many, was this England to be governed. That these Puritan legislators had resolved. They felt by sure instinct that it is an unnatural state of things ; a state of things which never was, and never will be, perma nently combined with true national greatness; a state of things which was conceded to the Hebrews as a self-sought doom ; a state of things which is inhuman, pernicious, infinitely and incurably wrong, that the destinies of millions should hang upon the will of one erring man. There are, indeed, exceptional periods in the lives of nations, periods when the passions, furious and unchained, can be curbed only by a single gigantic hand. At such times, the heaven-born leader, the solitary towering genius, the dictator sent 62 English Puritanism. from God, is indispensable. But the perpetuation of despotic authority in a line of hereditary descent is the most fearful disaster that can overtake a nation, and entails stupendous calamities on mankind. Only in the " multitude of councillors" is there durable safety for kingdoms. This truth the Puritan statesmen knew ; and, with their lives in their hands, they stood in the gap, beneath the banner of law and Parlia- \ ment, and withstood the entering procession of civU and religious despotism. We shall not deny that there were weak and narrow-minded men among the Puritans, men whose earnestness froze their small natures into a wiry intensity, who were as much formalists as Laud, and of a still meaner type. There were Puritans for whom the beauty of holiness consisted in hair cropped " close round their heads, with many little peaks," in looks perpetually demure, in phrases affectedly pre cise. Who can have forgotten the disdain, so proud, so womanly, so delicious, with which Lucy Hutchin son relates that the magnificent locks which flowed over the shoulders of her prince of men, her adored Colonel, prejudiced his religious reputation with "the godly of those days?" And was there ever a great religious party to which did not adhere a certain number of hypocrites, whose profession, fair as it looked, gilded " not a temple of living grace, but a tomb," holding only " the carcase of religion" ? There are stains on the memory of the Puritans ; but they are grains of dust on an imperial garment. The The Puritans in 1640. 63 ispirit which animated Puritanism, the spirit which throbbed in its heart of hearts, the spirit which made it irresistible in its own time, and lends it still an awful grandeur, was an inspiration of heroism from Almighty God. Both Lord Macaulay and Mr. Carlyle suggest too forcibly the idea that the Puritan religion was a mere spasmodic excitement, a burst of hysterical p'hssion. It was not such. As we see it in Cromwell while he was yet a quiet farmer, before that liquid gleam in his eye, expressive of all tender, true, and profound emotions, had kindled into the lightning glance of the warrior, it was as placid as it was strong, " The Lord," he wrote to a lady, " accept me in His Son, and give me to walk in the light, as He is the light ! He it is that enlighteneth our blackness, our darkness, I dare not say, He hideth His face from me. He giveth me to see light in His light. One beam in a dark place hath exceeding much refreshment in it :-— blessed be His name for shining upon so dark a heart as mine !" That is religion for a peaceful, sober man, wending quietly to the grave ; a beam from the heart of heaven, falling tenderly among the household charities, among the duties of every day. And was it not the same religion, was it not the religion of a healthy, clear-seeing, practical man, which accom panied Cromwell to the field? Was it extravagant in a Christian hero to believe that God was as near to him as to the Hebrew David? Cromwell's God was a living presence, uttering His wrath in the victorious battle charge, smiling His approval in the 64 English Puritanism. broad light of returning peace. Religion of -this kind is sublime ; but surely, unless with our theories we have shut out the Most High from His universe, it is not absurd, it is not extravagant. And can any thing be more wise and beautiful, more excellently removed from godlessness on the one hand, anij morbid introspection, self- worshipping pietism, or fanatical frenzy, on the other, than the religion which pervades Mrs. Hutchinson's memoir of her husband? Grant that the Colonel, as she pourtrays him, is an ideal Puritan, a saint crowned with the halo of glorious feminine love : must it not, on any showing, have been a noble party to which either Hutchinson -or his wife belonged ? " In the head of all his virtues," writes the high Puritan dame, " I shall set that which was the head and spring of them all, his Christianity — for this alone is the true royal blood that runs through the whole body of virtue, and every pretender to that glorious family, who hath no tincture of it, is an imposter and a spurious brat. . This is that sacred fountain which baptiseth all the Gentile virtues, that so immortalize the names of Cicero, Plutarch, Seneca, and all the old philosophers; herein they are regenerated and take a new name and nature ; digged up in the wilderness of nature, and dipped in this living spring, they are planted and flourish in the paradise of God. By Christianity I intend that universal habit of grace which is wrought in a soul by the regenerating Spirit of God, whereby the whole creature is resigned up into the Divine will The Puritans in 1640. 65 and-love, and all its actions designed to the obedience and glory of its Maker." Such was the Christianity of the Puritans, Ever in the great Taskmaster's eye. We see them in the manor-houses of that old time, a stately, polite, religious people ; not austere, yet not frivolous. Their theory of life was that man's chief end is not to amuse or to be amused, not to create or experience sensation, but to glorify God and to enjoy Him for ever. They loved England with a glowing, a haughty affection. Herein lay another notable difference be tween the Puritans of England and the revolutionists of France. To these last old France had become horrible ; their soul's wish was to raze it to its founda tions. But the Puritans stood up against Laud and Strafford, because they were binding new chains round the form of their beloved England, " Whoever," says the Puritan Mrs, Hutchinson, " considers England, will find it no small favour of God to have been made one of its natives, both upon spiritual and outward accounts. The happiness of the soil and air contribute all things that are necessary to the use or delight of man's life. The celebrated glory of this isle's inhabi tants ever since they received a mention in history, confers some honour upon every one of her children, with an obligation to continue in that magnanimity and virtue, which hath famed this island, and raised her head in glory higher than the great kingdotns of the neighbouring continent Better laws and a happier constitution of government no nation ever enjoyed, it 66 English Puritanism. being a mixture of monarchy, aristocracy, and demo cracy, with sufficient fences against the pest of every one of these forms, tyranny, faction, and confusion; yet," — here the brave lady explains how even in such a state a patriot might have to draw sword, — " yet is it not possible for man to devise such just and excel lent bounds as will keep in wild ambition, when princes' flatterers encourage that beast to break his fence, which it hath often done, with miserable con sequences both to the prince and people ; but could never in any age so tread down popular liberty, but that it rose again with renewed vigour, till at length it trod on those that trampled it before." Such were the sentiments of the Puritan patriots of England at the commencement of the Long Parliament. A large proportion of the party were persons of high breeding, of noble culture, of refined intelligence ; in morals pure, in faith earnest, in devotion sincere. Many of them were of the aristocracy; the body of the party consisted of country gentlemen and the most substantial portion of the middle class. They dreamed not of overturning the monarchy or destroy ing the Church, but were resolute to maintain the freedom of their country, to rescue the Church from the thraldom of Laud, and to carry on that work of further reformation within her pale which had been contemplated by the first English Reformers. Conjecture as to what might have occurred, if the circumstances which combine with men's dispositions to work out the results of history had been different, is The Puritans in 1640, 67 generally futile ; but it seems as probable as any event which did not take place can be said to be, that, but for a few untoward circumstances, the Long Parliament might, in its earliest sessions, have reformed the Church more satisfactorily either than Cromwell or than Charles II, The Commonwealth swept away the whole framework of Episcopacy, and ordained the discontinuance of the Book of Common Prayer ; the Act of Nonconformity not only re-established Epis copacy, but laid clergymen under more searching tests of Conformity than those of Laud himself: the dispositions of Churchmen, when the sittings of the Long Parliament commenced, were favourable to a mean between these extremes. The proscription of Calvinism might have ceased ; the adoption of certain ceremonies might have been left to the will of pastors and congregations; liberty of prayer beyond the letter of the liturgy might have been conceded ; and presbyters might have been associated with bishops in the exercise of Church discipline. These reforms, with perhaps the addition of the exclusion of bishops from the Upper House, would have met with no serious opposition from Episcopalians of the school of Usher, and would have satisfied almost the entire Puritan party. In point of fact, the Puritans in the Church of England, the Puritans who loved the Church, clung to the Church, and desired no more than that the Church would reconcile them to her self, by granting them such liberty as might enable them to dwell in her courts, had only in solitary F 2 68 English Puritanism. instances demanded more than this. There were thorough-going Presbyterians in England, who ob jected on conscientious grounds to even a modified Episcopacy ; there were thorough-going Independents who maintained the Divine right of congregations only: but those who could not conscientiously, conform to a Church, retaining an Episcopalian framework, and tolerating, though not enjoining, the ceremonies, were in 1641 in a minority in England. The self-will, however, and unmanly vehemence of Charles, urging him to that fatal " arrest of the five members," and the horror, alarm, and suspicion created by the Irish rebellion, hurried a resolute but constitutional opposition into revolution. Hampden, and other leaders of the Puritans, who had made common cause with the Scots on their first advance into England, knew that the triumph of Charles would be their destruction. The Puritans of the middle and lower classes were agitated with fears of massacre. The breach, therefore, which, in 1640 or 1641, might have been closed, had in 1642 be come irreparable ; and the quarrel was referred to the arbitrament of the sword. A beneficent and har monious settlement became thus, for that century, impossible ; and the Puritans gained only the melan choly assurance that spiritual reformation could not be effected in the battle-field, " We have spiritual weapons," said a Puritan who saw the conflict from beginning to end, " given us for spiritual combats, and The Brethren of Scotland. 69 those who go about to conquer subjects for Christ with swords of steel, shall find the base metal break to shivers when it is used, and hurtfuUy fly in their own faces." We saw how discreetly the Scots comported them selves when, in 1640, they ruined the king's affairs in the north of England, and compelled him to call the Long Parliament. From the end of 1640 their Commissioners had been in London, and their popularity with the Puritans never flagged. An order was entered by the House of Commons, " that upon all occasions the appellation should be used of our brethren of Scotland." Those were the days when Milton hailed the two kingdoms as united in invincible might, in virtue, and in the brotherhood of godlike deeds. " Go on both hand in hand, O nations, never to be disunited ; be the praise and the heroic song of all posterity !" But in fact the union could not be perfect; it contained elements of dis ruption from the first; and what seemed to the exultant Scots to cement it indissolubly, was the cause of its being finally rent asunder. The Scots were all aglow with enthusiasm for their Presbyterian faith. Presbyterianism was to their apprehensions so benign, so beautiful, so divinely good and great, that to persuade all men that it was the one thing needful, for time and eternity, for State and Church, seemed an easy, off-hand process. Before starting from Newcastle for London, in No vember, 1640, their Commissioners had been careful 70 English Puritanism. to take along with them four Presbyterian luminaries, calculated, it was thought, to irradiate the four corners of England. Mr. Robert BaiUie of Kilwinning, who had left his quiet manse in Ayrshire, with sword on thigh, and two Dutch pistols at saddle-bow, and come into England with the army of the Covenant, tells us how the matter was arranged. " Our noblemen and ministers," writes Mr. BaiUie, "in one voice thought meet that not only Mr, Alexander Hender son, but also Mr. Robert Blair, Mr. George Gillespie, and I, should all three, for divers ends, go to London ; Mr. Robert Blair to satisfy the minds of many in England who love the way of New England f Inde pendency) better than that of Presbyteries in our Church; I for the convincing of that prevalent faction (Arminian Episcopals) against which I have written ; Mr. Gillespie for the crying-down of the English ceremonies, on which he has written ; and all four of us to preach, by turns, to our Commissioners in their house." If this does not bring the English up to the mark, what will ? Beautiful and wonderful the simplicity of those "noblemen and ministers!" As we think of the strife of opinion from that day to this — of the weltering war of words, never-ending, still-beginning, like the old battle between the winds and waves — is there not something pathetic in the thought of the four Presbyterian magicians, who were to reduce the ocean of English opinion to sublime and everlasting silence ? Unaccountable as it must have seemed to the Rev. The Brethren of Scotland. 71 Mr. Baillie, the work of convincing England of the infinite superiority and Divine and exclusive right of Presbyterianism proved difficult. The Scots had no doubt that it was a duty to impose the heavenly truth upon all ; to establish Presbyterianism, and to forbid everything else. A considerable party in England took their view of the question, but at no period were the English Presbyterians so numerous and decided that strict enforcement of Presbyterian uniformity throughout the country would not have been felt to be oppressive. Mighty, no doubt, as were the spells of our four ma gicians, the most powerful advocate of Presbyterian uniformity in England proved to be David Leslie, the crooked little soldier, who had once put Wallen- stein to his mettle, and who was at the head of the Scotch army of the Covenant, When the prospects of the Parliament were at their darkest in 1643, — when Bristol, Exeter, and all the West had submitted to Charles, — the presence of Leslie and his Scots became extremely desirable. The Presbyterian in-' fluence in the House of Commons grew strong. Subscription of the Covenant by all classes was or dained. Oliver Cromwell set his hand to that famed document, pledging himself to put down Popery, Prelacy, and Superstition, and to promote uniformity in religion and worship throughout the three king doms. It turned out that Oliver's conception of uniformity meant chiefly a uniform absence of com pulsion; and that he interpreted the Covenant in 72 English Puritanism. a sense different from that of the Presbyterians. Meanwhile, however, twenty-one thousand Scots came trooping across the border, and proved highly serviceable to the Parliament in the summer of 1644. They held the King's forces in the north in check, took forts and towns, and astonished the English by their capacities of martial toil and "patient sufferance of the ill weather." On Marston Moor, " the Scots delivered their fire with such con stancy and swiftness, it was as if the whole air had become an element of fire." What with Mr. Baillie's convincing syllogisms, and old Leslie's rolling fire, Presbyterianism seemed in a fair way in England. But Presbyterians of the Scottish school would tolerate neither Episcopalians nor Independents; and these last found a defender in Oliver Cromwell. The Houses, in offering resistance to the King, had proclaimed that they did not fight against him but against his evil Councillors. The Scots, and those English Puritans who hailed them with the most for ward sympathy, were consistent and emphatic in the disclaimer of any wish to overturn the monarchy. This has been commonly regarded as a pretence. Mr, Caiiyle sneers at it as a piece of mere constitutional verbiage, treated with just scorn by Cromwell, We believe that it was sincere : nay more, that, unless we understand its sincerity, we shall attain no clear con ception of the chain of historical cause and effect in those dubious years. The distinction between the Monarch and his Ministers was from of old familiar Views of the Presbyterians. 73 to the mind of England, It was an ancient principle of the law, firmly grasped by the national mind, that a minister might be led to death for infringing the rights of the subject, though he could plead the ex press command of his sovereign. This principle being generally recognised, the Puritans saw no absurdity, no hypocrisy, in the profession that armies were levied and war declared, in order to bring a monarch, safe on account of the inviolability of his person, into amity with Parliament and alliance with law. The early proceedings of Parliament, and the conduct of the Presbyterian party, from first to last, corresponded with this theory. The Cove nant, whUe making no terms with the Episco palian Church, was an oath of allegiance to the Stuart dynasty. " We kept," said an English Presbyterian divine, who saw the fall and the restoration of the monarchy, "to our old prin ciples, and thought all others had done so too, except a very few inconsiderable persons. We were unfeignedly for King and Parliament. We believed that the war was only to save the Parliament and kingdom frcm the Papists and delinquents, and to remove the dividers, that the King might again return to his Parliament, and that no changes might be made in reUgion, but by the laws that had his free consent. We took the true happiness of King and people, Church and State, to be our end, and so we understood the Covenant, engaging both against Papists and schismatics," Hence the unwUHngness 74 English Puritanism. of the Parliamentary generals to annihilate the military power of Charles, They and all the Pres byterians desired to force a treaty upon him, but not to put him out of the way and proceed to an independent arrangement. In their programme two things were essential: the establishment of the Presbyterian Church; and the maintenance of the ancient throne. It is beyond dispute that, under the influence of the Scots, they dealt more sternly with Episcopacy than the old English Puritans required or would have approved. But they stood with equal persistence by their other essential point. If they refused to league themselves with Charles unless he abandoned Episcopacy, they refused to ally themselves with Cromwell when he struck at Charles and declared for the expulsion of the Stuarts. The Presbyterians defended the King to the last. For his sake, when it became evident that the Iron sides were going to trample him down, they rose in arms in Wales, in Scotland, and, in smaller numbers, throughout England. For his sake, they were beaten down by the victorious soldiers of Naseby, For his sake, they were ignominiously thrust from the House of Commons by Colonel Pride. No sooner had Charles I. laid his head on the block, than Charles II, was proclaimed by Presbyterians. Once more Cromwell joined in death- wrestle with these determined supporters of the throne. The fire of their loyalty was quenched in the blood of Dunbar and Worcester, Then, and not till then, Hopes of the King. 75 did the standard of the old dynasty sink in England. In one word, Presbyterian Royalists fought for the Stuarts with resolution as fixed, with valour as dauntless, as the Episcopalian Royalists. After the death of Charles I., Presbyterian Ministers were, as Cromwell acknowledges, " imprisoned, deprived of their benefices, sequestered, forced to fly from their dwellings, and bitterly threatened," for calling those who had condemned and executed the King, " mur derers and the like." If the Presbyterians thought it desirable to form a league with Charles after his troops were driven from the field, it is not surprising that Charles himself should have conceived the monarchy to be an inexpug nable tower of strength, and trusted to win back by intrigue what he had lost in battle. His theory on the subject will seem the wildest hallucination, unless we justly estimate that reverence for his person and prerogative, which made men fight against his armies, while shuddering at the thought of dethroning himself He thought he could play off the Presby terians and Independents against each other ; " being " — we quote his own words, — " not without hope that I shall be able to draw either the Presbyterians or the Independents to side with me for extirpating one another, that I shall be really King again," The project was not absurd. Under certain circumstances, it might have succeeded. The prerogative was a potent engine of destruction in the hand of Charles, a detonating ball which, if put in the proper place. 76 English Puritanism. might, at the proper time, have shattered asunder either the Presbyterian or the Independent coach. But to place the combustible, with the eye of an Oliver Cromwell looking fixedly upon the performer, was a matter of difficulty. Alliance with either party became a delicate business, when each knew that the object aimed at was the extirpation of both. The Ironsides felt that, while Charles lived, the danger of a league between him and the Presby terians, based on a rigid Presbyterian uniformity, .would continue to menace the Independents. This was historically the cause of Charles's death. Any Church which could be established in England during the Commonwealth, had to make room both for Presbyterians and Independents. Oliver Cromwell was one of those old Puritans who groaned under the yoke of Laud. He had witnessed with indignation the extinction of the Society for supplying localities, which had no minis ters, with lecturers. He had trembled at those ' Popish innovations ' which, for his Calvinistic eyes, had none of the beauty of holiness. He had told the Parlia ment, with flashing countenance, and harsh untunable voice, that Dr, Alablaster had " preached flat Popery at Paul's Cross." As governor of Ely, under the Parliament, he had enforced the ordinance of the Houses against ceremonies, standing up in Ely Cathedral, and crying out to the Rev. Mr. Hitch, who ventured to appear in a surplice, " leave off your fooling and come down, sir." We beUeve, nevertheless, that Cromwell and Charles. 77 CromweU would have been content with that measure of freedom in the Church which the majority of the early Puritans demanded. His principles, as stated by himself to one of his ParUaments, pledged him to respect the King's conscience, if it dictated the duty of estabUshing Episcopacy, " So long," said Cromwell, " as there is liberty of conscience foi| the Supreme magistrate to exercise his conscience in erecting what form of Church government he is satisfied he should set up, why should he not give the like liberty to others ?" Might Cromwell, then, have arrived at an understanding with Charles, restored the monarchy, and anticipated Monk? We believe that, at one period, this was not impossible. But Cromwell soon perceived that Charles could not be trusted, and that his triumph would inevitably bring destruction upon all who had fought against him. Nor could concessions on the subject of Episcopacy be wrung from the king ; and as OUver was a Cove nanter, though reading the Covenant rather in the spirit than the letter, it is probable that he felt himself, even if he regretted the fact, under a sacred obligation to oppose the establishment of prelacy. The result, at all events, was that he left Charles to his fate, and became the uncompromising enemy of the family of Stuart. The Lord, he said, had rejected this house from ruling over England. To Presbytery, as a form of Church government, Cromwell had still fewer objections than to Episco pacy. But he had no sympathy with a party 78 English Puritanism. whose sole conception of the "glorious Reforma tion" symboUsed by the Covenant, was the sub stitution of a domineering Presbyterianism for a domineering Episcopacy. His Puritanism had been from the flrst, what the best of English Puritanism was, not a preference of one form of Church govern ment to another, but a life of spiritual, personal religion, an intense realization of the presence of God, a devotion of the entire being to Him. The Cavaliers were dreaded and disliked by Cromwell not as Episcopalian, but as godless ; and as he believed that both the Presbyterians and Independents were bent upon serving God in spirit and in truth, he was ardently desirous of effecting reconciliation between them. " Presbyterians, Independents," thus he wrote from Bristol in 1645, " all have here the same spirit of faith and prayer ; the same presence and answer ; they agree here, have no names of difference : pity it is it should be otherwise anywhere! All that believe have the real unity, which is most glorious ; because inward and spiritual, in the Body, and to the Head. For being united in forms, commonly called Unifor mity, every Christian will for peace-sake study and do, as far as conscience will permit. And for brethren, in things of the mind we look for no com pulsion but that of light and reason." But this ideal was not easily attainable, even after the downfall of Laud. Only a few men scattered over England were capable of responding to the broad sense and the profound Christianity of those words of Oliver's. Cromwell's Tolerance. 79 His expressions constitute abundant proof that he was a hundred years in advance of the general intelligence of his age. He deplored, a few years before his death, that his aspiration had been vain, " Every sect saith," these were his words, " Oh, give me liberty ! But give it him, and to his power he wUl not yield it to anybody else," Cromwell did as much for liberty of conscience as his position rendered possible. The Presbyterians were his implacable foes. He dared not permit them to assemble in synod, nor would he allow them to exclude Independents from Church preferment. But Presbytery remained during the Protectorate the esta- bished religion of England, and Cromwell's Triers appointed a good man to a benefice whether he called himself Independent, Presbyterian, or Episcopalian. The " frequent use" of the Prayer Book was forbidden, but the fact that frequency of use was permitted to no man, demonstrates that occasional use was conceded to all. Observe also: first, that the Episcopalian Royalists would not let Cromwell alone, but annoyed him incessantly with their conspiracies; secondly, that the Puritans regarded the gift of prayer as of high importance in a minister, and deemed frequent use of the Prayer Book, how ever good it might be in itself, an evidence of intel lectual poverty, spiritual apathy, or of indolence. The Protector was beyond comparison the most tolerant statesman of his age. Standing between the cramped episcopacy of Laud, and the stern genius 80 English Puritanism. of Scottish Presbytery, he secured for the British islands as much religious Uberty as could be main tained against both. It is a pathetic, a sublime spectacle, this of Cromwell struggling, inarticu lately, half-consciously, to force his way to the practical realization of a great truth then only dawning on the foremost intellects of the race. He did what he could. With that marvellous power of going direct to the heart of every matter which distinguished him, he made it the grand aim of his ecclesiastical policy to appoint able and godly ministers in the parishes of England; and it is proved by overwhelming evidence that in this he was eminently successful. It is a doctrine still current in the clubs of England, still published in Saturday Reviews, that the Puritan reformation of the Church of England came to this : — " the ordained clergy were superseded by carpenters and cobblers, who were conscious only of an outpouring of the Spirit," Is not this a curious view of English Church history in the seventeenth century? Does it not suggest with painful im- pressiveness, the reflection, " With how little know ledge, with how little sense, in this time of super lative enlightenment, is that public opinion formed, which governs the world !" The Puritans, as Hallam testifies, were in the earlier period of their history the most learned theologians of the Church ; and if, during the Laudian ascendency, they were discouraged at the Universities, they continued, beyond question. The Commonwealth Church. 81 ail erudite and cultivated party. Against Laud's " bas tard fifth century reform," they appealed not only to Scripture, but to the records of an earlier Christian antiquity. "Carpenters and cobblers!" The Church of Baxter, of Poole, of Goodwin, of Howe, of Owen, of MUton ! The University of Oxford was doubtless extinct when Cromwell, its Chancellor, declared that he knew the value of learning to all right Commonwealths, The court of Cromwell was hopelessly UUterate when the Latin Secretary penned the Protector's despatches to Mazarin. It was to young street preachers, innocent of the arts of read ing and writing, that Oliver referred Avhen he boasted to his ParUament of the " very great seed" for the ministry which God had at the Universities. It is surely unnecessary to pour contempt on England, in order to insult Nonconformity. Our ancestors never stooped so low as to endure, for four teen years, a Church of vapouring mechanics. They were, indeed, not satisfied with the ecclesiastical organization established by Cromwell ; some of them longed for exclusive Episcopacy, some of them for exclusive Presbytery, a few for exclusive Inde pendency, But they knew that the Presbyterian Church had throughout its whole history honoured learning; that the Puritans had numbered in their ranks a goodly proportion of learned bishops and divines; that the Universities still performed the function of educating youth for the ministry; and that, doctrinally, the Church of the Commonwealth 82 English Puritanism. agreed with the Church of the Thirty-Nine Articles. They knew that Cromwell's Triers had, on the whole, confined themselves to ejecting scandalous ministers, and that the comprehensive practical energy, which had trained Ironsides to fight, made itself known in the quickened zeal and heedful morals of ten thousand preachers. The Presbyterian Directory of worship, in general use in the Churches, was no outpouring of unedu cated extravagance; it was a reverent, thoughtful, temperate, and judicious document. It contained not one scornful word against the Book of Common Prayer, and declared the first English reformers worthy to be " had in everlasting remembrance, with thankfulness and honour." It affirmed only that the time had come for further reformation; that the Prayer Book "disquieted the consciences of many godly ministers and people ;" that " others of hopeful parts " were by it " diverted from all thoughts of the ministry to other studies;" that the Papists boasted of it as a compliance, and the reformed Churches felt it as an offence; and that, therefore, it was well to lay it aside. The assertion is constantly made, that in the Church of the Commonwealth, and in the Presbyterian Churches of the present day, prayer was and is left entirely to the individual minister. It is an entire mistake. In the Presbyterian order of worship, directions are afforded on the subject, brief, but singularly comprehensive. The preacher, for ex ample, is instructed "to pray for all in authority. The Commonwealth Church. 83 especially for the king's majesty; that God would make him rich in blessings, both in his person and government; establish his throne in religion and righteousness, save him from evil counsel, and make him a blessed and glorious instrument for the conservation and propagation of the gospel, for the encouragement and protection of them that do well, the terror of all that do evil, and the great good of the whole Church, and of all his kingdoms." This seems as dignified, as honourable, as worthy of a Church and as reverent towards God, as to supplicate blessings on a " most religious and gracious " lover of Mrs. Barlow, Mrs. Palmer, Lucy Waters, and Nell Gwynn. Nor are the directions for preaching such as could have been framed by illiterate bigots, or capable of application in an illiterate Church. The minister is " pre-supposed " to have "skill in the original languages, and in such arts and sciences as are handmaids unto divinity," and to be gifted with knowledge " in the whole body of theology ; but most of all, in the holy scriptures." The composition of the sermon is thus pertinently touched upon : — " The arguments or reasons are to be solid, and, as much as may be, convincing. The iUustrations, of what kind soever, ought to be full of light, and such as may convey the truth into the hearer's heart with spiritual delight." It might be profitable for preachers, even in our own day, to take a hint from the old Presbyterian Directory. G 2 S4 English Puritanism. "Whatever," says Sir James Stephen, "may have been the faults, or whatever the motives of the Protector, there can be no doubt that under his sway England witnessed a diffusion, till then unknown, of the purest influence of genuine re ligious principles." Such has been the concession of all candid, large-minded Anglicans; and yet, in the tractarian coterie, in the fashionable club, it continues to be believed that the Church in which Oliver Cromwell and John Milton worshipped, was a den of shrieking fanatics, and ranting fools. For not a few clergymen, conscientiously attached to the ritual of the Church of England, Puritan ascendency was the advent of persecution. Crom well's Triers, while turning out many incumbents for vice and incompetency, turned out some for " fre quent use of the Book of Common Prayer." Of all such what have we to say ? We have to express for them unfeigned admiration ; to extol their fortitude and virtue ; to appeal to their example against the gold-worship and the respectability-worship of the present time ; and to reflect, in pride and mournful- ness, of a time when what we believe to have been the less great and the less noble of the contending parties consisted of men so great and so noble as the Churchmen and the Cavaliers of the seventeenth cen tury. There is a sunshine so intense, a light so vivid, that its shadow is scarlet; there are times so iUustrious that the leaders on all sides have the gait of heroes. For the rest, we can only remark, that the man The Ejected Episcopalians. 85 who believes that there was a sweeping ejection of Episcopalian ministers from the Commonwealth Church, who talks of 7000 or half that number of sufferers, has argued himself into an hallucination contradicting the very laws of arithmetic. Cromwell's Court of Triers did not come into existence until about six years before the restoration; and how lax had been the enforcement of Presbyterianism since its approval by Parliament some ten years earlier, must be known to every student of those. times. At the restoration, the average number of years during which the ejected Episcopalians had been out of their benefices cannot have been above ten ; and it is obvious that every incompetent or tippling parson, who had been turned out by the Triers, would present himself as a martyr to the most religious and gracious King. Yet the claimants, at the restoration, of benefices previously held in the Church, did not number, at the utmost, above two or three hundred. In the next place, it is just to remember that the Puritans made a provision for the expelled ministers, sufficient to keep them from starvation. In the third place — and this is important — the ejected clergy were not forbidden to engage in that labour which would come most aptly to their hand, and by which they could, in many, if not in most instances, procure a livelihood, the labour of tuition. It was one of the bitterest cruelties inflicted by the rancour of the restoration to forbid Nonconformists to become schoolmasters or private tutors. Jeremy Taylor, 86 English Puritanism. teaching his school in Wales, could refer to " the gentleness and mercy of a noble enemy." How beautiful are those words! How melancholy that after two hundred years so few Englishmen, on either side, can feel and emulate the nobleness of their spirit ! God forbid that we should breathe an imputation on such a Churchman as Jeremy Taylor. There, in his Welsh solitude, tranquil as a star above the storm, did this saint of God utter those strains of practical piety, so tenderly beautiful, so richly melodious, which, to latest times, wiU bring all high virtues, all pure feelings, to dwell like angels in human breasts; which will cast a gentle, irresistible spell over the raging passions; which will convince men how reasonable is faith, how manly is humility, how divine is charity, how holy may be the life, how holy and how happy the death, of the Christian. But there was now breaking dimly upon several minds a conception, which, after two hundred years, still waits for general acceptance, Cromwell, looking out upon England Avith the eye of a practical leader and king, seeing that the root of godliness was in many who strove and persecuted for the sake of forms, caught a glimpse of it. " Men," he said, the piercing beam of his genius struggling through the cloud of his words, "Men who believe the remis sion of sins through the blood of Christ, and free justification by the blood of Christ ; who live upon the grace of God : those men, who are certain they Comprehension instead of Uniformity, 87 are so, are members of Jesus Christ, and are to Him the apple of His eye. Whoever hath this faith, let his form be what it will ; he walking peace ably, without prejudice to others under other forms ; it is a debt due to God and Christ, and He will require it, if that Christian may not enjoy his liberty." As for his own practice, Cromwell declares it to have been, " To let all this nation see that whatever pre tensions to religion would continue quiet, peaceable, they should enjoy conscience and liberty to them selves." Many a Presbyterian shook his head at the mention of tolerance of sectaries; but Oliver had that penetrating glance of his on the heart of the matter, and he kept it there. In such a state of religious opinion as had come to exist in England, there could be justice and comfort only in agreement to differ. Thinkers were beginning to penetrate to a truth which had been pressed on Cromwell by facts. John Milton had long proclaimed, in words which sounded like the Protector's battle charges, that conscience must be free, Chillingworth had used a word in reference to communion with the Church of Rome, which derived a new significance in the turn men's minds were taking, "The true reason," said ChUlingworth, in explaining to Romanists the cause why Protestants separated from them, "is not so much because you maintain errors and corruptions as because you impose them." Jeremy Taylor had bid men consider, " whether of the two 88 English Puritanism. is the schismatic, he that makes unnecessary and (supposing the state of things) inconvenient im positions, or he that disobeys them, because he cannot, without doing violence to his conscience, believe them: he that parts communion, because without sin he cOuld not entertain it, or they that have made it necessary for him to separate, by requiring such conditions, which to no man are simply necessary, and to him in particular are either sinful or impossible." The idea, then, had already touched the intellectual mountain tops of England that uniformity, which had been yearned for first by Laud and then by the Covenanters, might not be more desirable, and was a thousand-fold less practicable, than comprehension. Unity in essentials ; diversity in forms : such was the plan of Church communion which was now agitating, or composing, many minds in England. Why could" not Oliver attempt comprehension on ¦ even a broader scale than that of the Commonwealth Church, and with his strong arm helm it to success ? For several reasons. Cromwell, while wielding a sceptre at which Europe trembled, was not himself free. He lay under dread of the army. The lion crouched at his feet, licked his hand, defended him from any power on earth that could come against him. But he had fed it with victory until the very emotion of fear had left its heart, and he knew with sure instinct that there were one or two things which would bring it in sudden irresistible spring upon him- Oliver's Difficulties. 89 self. He dared not take the name of King; the Ironsides would not allow it : probably, also, he dared not offend them by proclaiming that all minis ters who chose might use the Prayer Book. In the second place, Cromwell was never accepted with any cordiality by the subjects over whom he ruled. Clarendon says that the three nations " perfectly hated him." This is an exaggeration, but it is true that he was looked upon by the vast majority of Englishmen, Scotchmen, and Irishmen as a conqueror and usurper. The national pride had been wounded by the success of a company of soldiers, chosen for particular reasons by their commander, and having few affinities with the body of their countrymen. That indomi table instinct of liberty, which in the history of England has so often been identical with the instinct of law, was offended in Oliver. The public mind could not balance the difficulties of his position, or consider whether, at any time, he might have acted differently without sacrificing both his own life and the cause for which he fought. The facts patent to all were that, by sheer military force, he had turned out of doors a large number of the representatives of England, and that he had used the Parliamentary instrument, thus adapted to his purposes, to take the Ufe of the King. The English people never forgave him. In vain did he moderate between their factions, earnestly bent upon winning the goodwill of all. In vain did he offer the gUttering toys of foreign in fluence and martial glory to a nation wishing only 90 English Puritanism. for domestic freedom. In vain did he implore the Presbyterians, his breast heaving with transcendent passion, his eye radiant with tears, to mark how God bad owned him; how often he had been answered from the whirlwind ; how certain it was that, if they rejected him, the liberty to worship God, which he preserved to them, would be exchanged for remorse less persecution. The nation would not be concili ated. That unconquerable spirit which had wrested Magna Charta from John, which, when thoroughly roused had daunted Elizabeth, which had stood with Hampden in the Exchequer Chamber and had blasted as with lightning the proud front of Strafford, rose up against Cromwell and put the question, " By what right dost thou rule in England ? " He wished to govern by means of Parliaments ; he held the ar rangement of the electoral system iii his own hands, and had major-generals to countenance loyal electors : but he could neither coax nor compel England to send him a sycophant House of Commons, and he was under the necessity of turning from the door nearly a hundred members of the last he called. It was a Parliament from which the vital essence had been extracted that offered Oliver the crown, a Parliament which had no claim to represent this island. What hope was there that the Protector, unable to obtain recognition from the kingdom as its lawful ruler, should introduce any scheme of ecclesiastical com prehension granting conscientious Episcopalians that access to the Church which he would, we believe, Richard Baxter, 91 have personally accorded them ? David, the man of blood, could not rear the temple of Jerusalem ; Cromwell, the victor of Naseby and Dunbar, could not build up the walls of the Church. As the years of the Protectorate rolled slowly towards their close, preparation for a grand attempt to substitute comprehension for uniformity in the ecclesiastical establishment of England, was gradually proceeding. Richard Baxter was the son of a farmer, who cultivated his fields on the banks of the Severn, at the time when Oliver Cromwell pursued a similar' occupation on the banks of the Ouse, Richard had been born in 1615, and was an observing lad of eighteen or twenty, when the beauty of holiness was becoming rather dazzling under the manipulation of Laud. The Baxters were disposed, however, to judge favourably of everything which obtained the sanction of ecclesiastical authority. " There was," says Richard, " no savour of Nonconformity in our family." But Dr. Laud contrived to throw a shade of plausibility on Nonconformity even in the eyes of this unex ceptionable household. The "conformable godly teacher," who had edified the viUage in Richard's boyhood, had ceased to be conformable when required to " read publicly the Book of Sports and Dancing on the Lord's Day;" and the pious rustics, whose conformity came up to the mark, headed by a piper who was adequately versed in the principles of the Laudian Church, chose their place of Sunday dancing 92 English Puritanism. " not an hundred yards from our door," " We could not," adds Baxter, " on the Lord's Day, either read a chapter, or pray, or sing a psalm, or catechise, or instruct a servant, but with the noise of the pipe and tabor, and the shoutings of the street, continually in our ears," Rather trying, that, for a family with no savour of Nonconformity. The Baxters preferred reading the Scripture on the Lord's Day, to dancing round the piper, so they were called " Puritans, pre cisians, and hypocrites," and were the common scorn of the enlightened Laudian rabble. Nay more : " when the people by the book were allowed to play and dance out of public service time, they could so hardly break off their sports, that many a time the reader was fain to stay till the piper and players would give over. Sometimes the morris-dancers would come into the Church in all their linen, and scarfs, and antic-dresses, with morris-bells jingling at their heels ; and " — so admirably did they apprehend Laud's exaltation of the Prayer Book above the ser mon, — " as soon as the Common Prayer was read, did haste out presently to their play again." One could dance with some satisfaction after having honoured Church, king, and conscience to that extent. " It was a shame," Oliver Cromwell once declared, re ferring to exhibitions like these, "to be a Christian, within these fifteen, sixteen, or seventeen years, in this nation." Young Baxter began to admit that there was something after aU to be said for Noncon- formity; but the reverence for Church and throne, Richard Baxter. 93 which he acquired in his father's house, never left him. He was in the prime of his opening manhood when the wars broke out. A pure, high, intellectual nature, in speculation intrepid, in simplicity child-like : with a brain of marvellous capacity and exquisite subtlety, and a heart thrUling with hope, with ardour, with spiritual enthusiasm. He had read fathers and schoolmen, until the scholastic faith that logic is omnipotent stole over his mind. From his deep, dark, eloquent eye, glowing with genius and purity, from his well-rounded ample forehead, from his sensitive yet resolute lip, there looked forth radiant trust in the good, the true, the beautiftil, in God, freedom, immortality, and in the power of strong argument and clear word to woo all men to a like faith and love. It is an enviable frame of mind if we think only of the anthems with which it fills the young bosom, and the touches of morning crimson with which it brightens the cloud-curtains of the future : it is not so enviable if we reflect on the obstructions it throws in the way of success, and on its power to embitter the pang of disappointment, when the smiling future becomes the haggard present, and the soft hues of azure and vermilion dissolve in lashing sleet or pelting hail. Richard Baxter felt all the woe of this disappointment, but that blessed music of faith in God, and love to man, never went sUent in the temple of his soul. He became a Presbyterian, but not through the influence of Mr. Robert Baillie's book against the 94 Mnglish Puritanism. Episcopals, or exactly after the fashion of that reverend gentleman's countrymen, Baxter is the historical representative of English, as distinguished from Scottish, Presbyterianism, The keen and im petuous inteUect of Scotland, intense rather than comprehensive, found satisfaction in a determinate system of Church government, consistent in principle, dogma, and framework, and marked off by sharp logical edges from Episcopacy on the one hand, and Independency on the other. The Presbyterianism of that country had indeed passed through a transition stage. There had been superintendents, a sort of apology for bishops, in the days of Knox, But the recognition of the presbyter as equal, in all essential powers and functions, to the superintendent, had from the first been distinct, and at length every vestige of Episcopal form was swept away. The Presbyterians who crossed the border from Scotland in the Puritan period, had a strong antipathy to the very name of bishop. The English Puritans were not prepared to sympathise with this feeling. They were familiar as a party with the fundamental ideas of Presbyterianism. Like all the early English Reformers, they acknowledged the validity of Presbyterian ordi nation, and the identity, in kind, of the authority and duties of all Christian pastors. But they had no objection to an episcopacy of order, to the appoint ment of certain clergymen, called bishops, to be over seers of their brethren in particular districts. Again, while they agreed with the Presbyterians of Scotland, Baxter and Cromwell. 95 in attaching importance to the gift of prayer, exercised by the individual pastor, they saw no reason why the habit of extemporary prayer should not be combined with a Umited use of liturgical forms. Nor, in the last place, did they exhibit that sensitive jealousy of the interference of the civil magistrate in ecclesiastical matters, which was so characteristic a feature of Scottish Presbytery. Such were the views of the large party in the Church of England which obtained the name of Presbyterian; and no man had embraced them with clearer apprehension, or in a more liberal spirit, than Richard Baxter. It might be thought that this would dispose him to alliance with Cromwell. The Protector was bent upon securing as much tolerance as possible for all the Protestant parties. But Baxter had a keen, perhaps a scrupulous, sense of order: he was offended, therefore, with Oliver's encouragement of sectaries. Along with the whole Presbyterian party, also, whether in England or in Scotland, he had a fervent affection for the old monarchy and the royal house: he could not pardon Cromwell, therefore, for upsetting the throne. He was the sort of man whom Cromwell in every instance vehemently sought to win. For devoutness of intention, for spiritual religion, for high abiUty, Oliver had a simple and reverent affection ; and he was astonished that Pres byterians and Independents could not be brought to a cordial agreement under his rule. The formal reasonings of the Presbyterians, who would not 96 Mnglish Puritanisni. accept his logic of the battle-field, who would not allow that victory was always the sign manual of God, perplexed and distressed him. He had once joined inclose grapple of argument, on this subject, with the Presbyterian ministers of Edi nburgh . Those j udicious persons told him that they did not hang their faith on events. They could believe that not even the conqueror of Dunbar was necessarily in the right. There is a startling directness in Oliver's reply. " Did not you," he said, " solemnly appeal and pray ? Did not we do so too? And ought not you and we to think, with fear and trembling, of the hand of the great God in this mighty and strange appearance of His" in the morning watches at Dunbar? The Scottish preachers were not convinced, but Oliver never fairly embraced the idea that his argu ment could be disregarded by good men. He re solved to try its force on Baxter, He sent for him, and addressed to him a speech of an hour's length, explaining how Providence had manifestly directed the change of government, how God had owned it, how Spain and Holland had been defeated. "He spoke tediously and slowly," says Baxter, "weary ing his hearers." If the speech was wearisome, it was very different from those of Oliver's which re main to us, and one could wish that Baxter had inflicted its tediousness upon posterity. Tn point of fact, there was no sympathy between speaker and hearer ; and while Cromwell pointed to the cloud of Xvitnessing events by which God testified in his Baxter and Cromwell. 97 favour, Baxter surveyed him with a look of waning interest and immutable dissent. At length Cromwell stopped, and then "I told him," says Baxter, "it was too great condescension to acquaint me so fully with all these, matters which were above me ; but I told him that we took our ancient monarchy to be a blessing and not an evil to the land, and honestly craved his patience that I might ask him how Eng land had ever forfeited that blessing, and unto whom that forfeiture was made?" Consider that reply, after an hour's speech from the foremost man in Europe! Cromwell's patience was exhausted. He started as a gladiator who felt the net thrown over him, and passionately answered that " it was no forfeiture, but God had changed it as pleased Him." For four hours did Cromwell and Baxter argue, the calm, elaborate reasoning of the divine not being listened to with sufficient closeness of attention by the general. " I saw," says Baxter, giving us one of the most vivid glimpses into Oliver which we have from any of his contemporaries, " that tvhat he learned must be from himself." His eager eye, his impetuous gestures, his voice, harsh and untunable as the quick rattle of thunder, grated on the sensibilities of the re fined logician, Baxter returned to quiet Kidder minster to sigh and pray for the restoration of the old monarchy. He had his wish ; he saw the regular Defender of the faith placed upon the throne; and year after year, as he hearkened to the groans of Presbyterian pastors rising from the dnn- H 98 English Puritanism. geons of England, he thought with more tender recol lection of the magnanimous and princely usurper, who had been as a lion to his arguments, but as a lamb to himself. At Kidderminster, Baxter realized his ideal of a Reformed pastor, both in usefulness and happiness. Sir James Stephens glows into eloquence, as he turns from the pageantries and the gloom of the world to look upon the alliance between Baxter and his flock. " He, a poor man, rich in mental resources, consecra ting alike his poverty and his wealth to their service ; ever present to guide, to soothe, to encourage, and, when necessary, to rebuke ; shrinking from no aspect of misery, however repulsive, nor from the most loathsome forms of guilt which he might hope to reclaim ; the instructor, at once, and the physician, the almoner and the friend, of his congregation. They, repaying his labour of love with untutored reverence ; awed by his reproofs, and rejoicing in his smile ; taught by him to discharge the most abject duties, and to endure the most pressing evils of life, as a daily tribute to their Divine benefactor." This was the Sabbath of Baxter's life. Though not co-operating with Oliver in the fur therance of toleration, Baxter had already originated a scheme of comprehension. He declared himself for " Catholicism against parties," and set on foot an Asso ciation, in which this idea was carried into effect. 'As we hindered no man," he says, in describing what would now be called the platform of this Association, " from Baxter's Comprehension. 99 following his own judgment in his own congregation, so we evinced, beyond denial, that it would be but a partial, dividing agreement to agree on the terms of Presbyterian, Episcopal, or any one party, because it would unavoidably shut out the other parties ; which was the principal thing which we endeavoured to avoid; it being not with Presbyterians only; but with all orthodox, faithful pastors and people, that we are bound to hold communion, and to live in Christian concord, so far as we have attained. Here upon, many counties began to associate, as Wiltshire, Dorsetshire, Somersetshire, Hampshire, Essex, and others ; and some of them printed the articles of their agreement. In a word, a great desire of concord began to possess all good people in the land, and our breaches seemed ready to heal. And though some thought that so many associations and forms of agree ment did but tend to more division, by showing our diversity of apprehensions, the contrary proved true by experience ; for we all agreed on the same course, even to unite in the practice of so much discipline as the Episcopal, Presbyterians, and Independents are agreed in, and as crosseth none of their principles," This comprehension of Baxter's was being carried into execution during the Protectorate; readers will find it important to recollect that fact. Cromwell died ; the most magnanimous, generous, religious of despots ; but rejected to the last by the English people. General confusion ensued, the heart of the nation yearning inarticulately towards the 100 English Puritanism. king. But no revolution in public feeling is sudden in England, and nearly two years elapsed before the tumultuous elements had worked towards such a state of composure, that what had long been radically the wish of the nation, could be clearly expressed, and an invitation sent to Charles IL to return to the land and the throne of his fathers. The whole of that party vaguely styled Presbyterian, a party embracing all who did not hold Episcopacy to be the only divinely sanctioned form of Church government, and who could conscientiously engage in public worship without use of the Prayer Book, hailed with exulta tion the prospect of the restoration, and exerted themselves to the utmost in the interest of the king. This party had become predominant after the death of Cromwell, and, conscious of its power, was confi dent also of its ability to form such a settlement as should prove satisfactory to the majority of its members. In the Parliament which met in April, 1660, the Parliament which recalled the king, the Presbyterian influence reigned supreme. The Independents, who, though their most important men, Owen and Milton ¦ for example, had been steady supporters of Cromwell, had retained their reverence for the old English constitution, assumed an attitude of dignified reserve. They did not expect, they did not desire, compre hension within the Church ; but they hoped for honourable toleration as loyal subjects of the king. " I have credibly heard," says Baxter, " that Dr. Independents and Presbyterians. IQl Thomas Goodwin, PhUip Nye, and Dr. Owen, the leaders of the Independents, did tell the king, that as the pope allowed orders of religious parties in mere dependence on himself, without subjection to the bishops, all that they desired was (not to be the masters of others,) but to hold their own liberty of worship and discipline, in sole depen dence on the king, as the Dutch and French Churches do, so they may be saved from the bishops and ecclesiastical courts." It would have been the best policy for the Presby terians, — so we now see from the event, — to league themselves firmly with the Independents and demand simple toleration outside the Church, But it was not in human nature that a party, situated as the Presby terians were, should have contented themselves with this clear, modest, and intelligible programme. They looked confidently for comprehension. Baxter hurried to London, glowing with the ardour of one who proceeds upon the chief enterprise of his life. His intellectual faculties were in their meridian power, and though his logic had failed in that grand attempt to argue Cromwell into the fit mood for throwing himself, with a halter round his neck, at the feet of Charles II,, he had found it successful in organising associations for comprehension, and in reducing to silence the casuists of Kidderminster, He retained a passionate faith in its efficacy. He came up in logical mail of proof, brandishing the sword of argument, a combatant for peace, a gladiator 102 English Puritanism. for charity. He was at first full of hope. Had he not ethereal arms? Was not truth irresistibly con- vincing ? Alas, the cynic may sneer, but the spec tacle, so often presented in our world, in Roman revolutions, in English revolutions, in French revolu tions, of virtue trusting in its own celestial arms, and finding them insufficient, — of reason, moderation, brotherly kindness, confident in the right, a,nd van quished by force or fraud, — is one of the most sublime, and certainly one of the most melancholy, presented in our world. Young Harry Vane, won dering that men would not open their eyes and become angels in a millennial kingdom, dying on the scaffold, — fair Madame Roland, hailing with rapture the doctrine of universal brotherhood, and falling, a headless corse, at the foot of the statue of liberty, — Richard Baxter inspired with the idea of a national Church, holding firm the central verities, but per mitting its congregations to worship God as each interpreted conscience and Scripture, outwitted and thrust into the dungeon by scheming statesmen, — these are the most mournful scenes in the tragic drama of human history. Baxter soon perceived that his eloquent logic would have a stern task to perform. At first all promised well. Several Presbyterian Ministers had proceeded to Holland and conferred with Charles. They were satisfied with the disposi tions of the king, and the king was pleased with the ardour of their loyalty. "We found them," said Baxter and Charles. 103 Charles, " persons full of affection to us, of zeal for the peace of the Church and State, and neither enemies, as they have been given out to be, to Epis copacy or Liturgy, but modestly to desire such altera tions in either, as without shaking foundations, might best allay the present distempers, which the indispo sition of the time and the tenderness of some men's consciences had contracted," In his Declaration from Breda, he promised that this tenderness of conscience should be respected. When he arrived in London, " above ten or twelve" of the Presbyterian Ministers were named among his Chaplains in ordinary, Baxter, Calamy, Reynolds, Bates, and Manton were among the number. The hopes of the party rose high, and Presbyterian tears and sobs mingled largely in the irrepressible weeping with which, in the merry month of May, 1660, a contrite and enraptured nation welcomed back its covenanted king. Shortly after the return of Charles — it was still June — Baxter and some others were presented to the king by the Earl of Manchester.* The irrefragable logician, fixing upon Charles that deep, pure eye, which had not quailed before Cromwell, addressed to him an exhortation and advice. He " presumed to tell" the king, that the Protector's government had found the way of doing good the most effectual to promote their interests; that they had encouraged faithful ministers ; that the people had been sensible of the benefits they conferred ; and that, if liberty of * Document, No. III. 104 English Puritanism. worship were taken away, and- godly ministers ex pelled from their benefices, the nation might fall into the vulgar error of supposing that fallen Oliver, seeing he had done much good, was a good governor. He entreated his majesty to believe that the religious part of his subjects, for whom, and not for the Pres byterians alone he spoke, were resolved enemies of sedition, rebellion, disobedience, and divisions. He urged the advantage of union to his majesty, to the people, and to the bishops themselves. From exhibiting the advantages of union, he passed on to show how easily it might be procured. The king would require only, first, to make things necessary the terms of union; secondly, to enforce discipline against sin ; thirdly, to abstain from cast ing out faithful ministers, and obtruding unworthy men upon the people, Cromwell had met Baxter's logic, thrust for thrust, glaring on him with fiery eye, and paying little regard to the courtesies of debate, Charles was all gracious- ness and condescension. He professed his gladness at learning Baxter's sentiments, and his resolution to bring all parties together. Old Mr. Ash burst into tears of joy, and Baxter thought that his logic had for once vanquished a king. But when the eloquent reasoner pressed Charles to permit the Presbyterian leaders to acquaint their brethren in the country with these proceedings, so that the whole party might be represented in the negotiation, his majesty was not to be caught. He was for no First Presbyterian Proposals. 105 assembly either on one side or other, but would bring a few of the Presbyterians and Episcopalians together, to advise him in the matter of concord. Baxter went from the presence of the rugged, overbearing Crom well to his peaceful activity in Kidderminster ; he may have had some misgivings as he withdrew from this interview with the gracious, soft-spoken Charles. But he was not the man to be seduced to so vulgar and illogical an opinion as that " he is the best governor who doth most good," Baxter, then, and the few Presbyterians who happened to be in and about London, were to stand alone. They knew, however, that a large proportion of the people of England were on their side, and they could not, in a few weeks, cast off the feeling that they were pastors in what had been for fourteen years the Established Church of the country. They knew that their influence had been powerful in bringing back the king, and that their interest was strong in Parliament, Naturally, therefore, their flrst proposals,* made to the king in 1660, had the tone rather of concession than of demand, and em bodied not what would induce them to remain in the Church, but what might, they thought, satisfy all moderate Episcopalians. They set out with declaring that they believed a firm agreement to subsist between them and their brethren in the doctrinal truths of the Reformed religion, and in the substantial parts of divine wor- • Documents, No. IV, V, VI, VII, VIII. 106 English Puritanism. ship, the differences being only in conceptions of Church government, and in some particulars relating to liturgy and ceremonies. In Church government they offered to accept the scheme of Archbishop Usher. That scheme may be defined as Presbyterian Episcopacy, or Episcopalian Presbytery ; or, more correctly, as Presbytery with an Episcopal organization. It retains the fundamental principle of Presbyterianism, that all presbyters are equal, and that there is no Church ruler superior in kind to the presbyter. The bishop is to be president of the Synod of presbyters, but to have no powers belonging to him distinctively as bishop. Not the bishop alone, but the bishop and presbyters, are to confer holy orders ; and the right to administer disci pline and to dispense the sacraments belongs as much to every presbyter as to the bishop. An arrangement similar to this had been adopted in Scotland by the Presbyterian Knox, and it is difficult to see how any Presbyterian could have conscientious objections to its institution. It might seem inexpedient ; it might appear to lead to an ascription to the perpetual presi dents, called bishops, of powers essentially superior to those of presbyters ; but no mere president, no one who is only primus inter pares, be he called bishop or moderator, infringes what are deemed the scriptural ordinances of presbytery. In point of fact, Arch- bishop Usher's Episcopacy is neither more nor less than a happy adaptation of Presbyterianism to an aristocratic condition of society. First Presbyterian Proposals. 107 In reference to the liturgy, the Presbyterians declared themselves satisfied of the lawfulness of liturgical forms of worship, provided they were agreeable to the Word of God, convenient to the worshipper, consonant with the liturgies of other Reformed Churches, not too rigorously imposed, and did not exclude extemporary prayer, A cer tain number of " learned, godly, and moderate divines" might, they believed, revise the Book of Common Prayer so as to bring it into harmony with these conditions. As for ceremonies, they repeated those objections which had been brought against them by the Puritans for a hundred years The worship of God, they said, is in itself perfect without addition of ceremonies ; " God is a jealous God," and His worship " is cer tainly then most pure, and most agreeable to the simplicity of the gospel, and to His holy and jealous eyes," when it is strictly conformable to the perfect rule of faith and worship contained in the Word of God. The ceremonies had, along with popery, been rejected " by many of the Reformed Churches abroad ;" had occasioned endless contention and dis pute ; had caused separation from the Church, pre judicing rather than promoting her unity. They next expressed that opinion on the subject which we found Hooker quoting with approbation from Calvin, namely, that ceremonies, being at best but indifferent, ought sometimes to be changed, " lest they should, by perpetual permanency and con- 108 English Puritanism. stant use, be judged by the people as necessary as the substantial of worship themselves." Above all, they besought his majesty not to render un necessary things by human command " necessary and penal," nor to " impose" kneeling at the sacrament and the observance of holidays of hu man institution. The use of the surplice, and of the cross in baptism, and the practice of bowing at the name of Christ, they proposed to abolish, " these things being, in the judgment of the imposers them selves, but indifferent and mutable; in the judgment of others a rock of offence ; and, in the judgment of all, not to be valued with the peace of the Church," They acknowledged the king " to be supreme governor over all persons, and in all things and causes, as well ecclesiastical as civil." In this point alone did these Presbyterian Ministers depart from the orthodox Presbyterian doctrine, as professed by the Church of Calvin and of Knox. The Presbyterian Church of Scotland never owned the ecclesiastical supremacy of the sovereign, and at the union between England and Scotland, it was expressly stipulated by the Scotch, that the old Kirk should retain her spiritual independence. Such was the project of reconciliation which Baxter and his brethren submitted, in the first instance, to Charles. It was properly a scheme of comprehension, embracing the Episcopalians and the Presbyterians of England within one ecclesiastical ' Presbyterian Scheme of Comprehension. 109 pale. It did not recognise the divine and exclusive right of bishops, and in so far it differed from strict Episcopacy; it did not assert the spiritual independence of the Church, and in this fell short of the catholic doctrine of Presbytery : but a large number of the most eminent bishops and divines of the Church of England had held that there is no Christian Minister exalted by divine right, exalted except for purposes of order, above the presbyter ; and English Presby terians had always been more or less " tainted with Erastianism." The scheme of Baxter and his brethren appears to us, therefore, a consummately wise and ingenious plan for blending the two Churches, as they had existed in England, in harmonious and permanent union; and we have no doubt that, if it had been adopted, the result would have been a vigorous"^ and useful Church, singularly adapted to the conditions of English society, and more robustly Protestant than the Church of Eng land has shown herself to be. And it is highly important to consider that these Presbyterian Minis ters, conscientious men as they were, had to propose an arrangement which could be accepted by nine or ten thousand pastors who had been members of the Commonwealth Church. All those had, to say the least, conformed to a Church recognising the equality of presbyters, and placing them under no Episcopal superiors. Not one of all those thousands could have left the new Church on account of its Presbyteri anism, though a considerable number of sturdy Pres- 110 English Puritanism. byterians and Independents might have left it on account of its Episcopacy. The added elements were all in the direction of Episcopacy. But the bishops, who took up and answered these proposals, rejected them with speed and emphasis. They would have nothing to say to Archbishop Usher's scheme, and expressed their doubts whether it had been really approved by the Archbishop. The Prayer Book was to them perfect in all those respects in which the Presbyterians had required a liturgy to excel, and had in their eyes none of those blemishes which had been said to adhere to it. The ceremo nies of the Church of England were faultless, and the Protestant Churches abroad had not, they said, rejected them. In one word, the bishops denied all that the Presbyterians asserted ; asserted all that the Presbyterians denied ; refused all that the Presby terians offered ; and offered the Presbyterians nothing to refuse. Such is human nature ; such, in particular, has always been ecclesiastical nature. Nor can we wonder that the bishops should have adopted this course, A few Episcopalians, — four or five bishops, and two or three hundred ministers, — had remained true to their first love and first faith, through all the troubles and temptations of the Commonwealth, To them Episcopacy was a matter of conscience. They had proved the fact in an honourable and convincing manner. They had taken no quarter from the Presby terians ; they had now obtained ascendancy, and they Position of the Presbyterians. Ill would make no compromise. Few as they were, they had become irresistibly powerful at this juncture. The Episcopalians who had conformed, were naturally tongue-tied : they had bent to the Presbyterian stream ; with somewhat more satisfaction they would bend to the returning current of Episcopacy : they were like those long weeds in an estuary, which show which way the tide is setting, but have no influence either to impede or to impel it. The men who had suffered were now the men who triumphed, and in their triumph they would yield nothing. They were resolved, by one resolute effort, to bring the long controversy to a close, and thrust the Puritans from the Church of England. So far their conduct admits of justification; but considering that they had triumphed by the magnanimous patriotism of the Presbyterian restorers of Charles, it was not justifi able in them to exact a mean and ferocious revenge. The bishops had now shown their hand. Baxter and his coadjutors might be surprised and distressed, but the circumstance, had they known how to avail themselves of it, was in their favour. There was still time. The year 1660 had not closed. The Parliament which had recalled Charles, the Parlia ment which had been elected while Presbyterian influence was supreme in England, still sat. It was now clear that the bishops would concede nothing. With the king and with the Parliament lay the sole chance of the Presbyterians. A statesman's eye would have perceived in a moment that the weapons of 1 1 2 English Puritanism. logic would prove useless, and would have searched the horizon for every element of Presbyterian strength. Sheldon and Morley could not be persuaded ; Claren don and the courtiers would back the bishops ; the Roman Catholics, dreading the comprehension of Protestant Nonconformists, were intriguing in the background; and the tide of High Church and Royalist feeling, swollen by the hatred of clergymen burning to mete out to the Puritans double of all they had endured, lashed into fury .by the invectives of returning Cavaliers, and foul with the spite, turbid with the scorn, of every debauchee whom the Covenant had made a hypocrite, was coming in like a flood. To plead with the bishops was to plead with men who rode on the crest of that impetuous torrent. But the Presbyterians had the promise of Charles ; their party still balanced the Cavaliers in the House : the vital question for them was not how to debate, but what to do. Of the king they seemed sure. On the twenty- fifth of October, 1660, was issued his majesty's famous Declaration* concerning ecclesiastical affairs. It acknowledged the loyalty of the Presbyterians, aud their zeal for peace in Church and State. It recited the promise given at Breda, that liberty should be granted to tender consciences, and no man disquieted or called in question for differences in matters of religion. It declared that Presbyterians and Episco palians approved Episcopacy and a set form of liturgy, * Document, No. IX. The October Declaration. 113 disliked sacrilege and alienation of Church revenues, and were anxious to advance piety and true godliness. ' A Defender of the faith, Charles thought, might make something of these materials. " If," said the religious and covenanted king, " upon these excellent foundations, in submission to which there is such a harmony of affections, any superstructures should be raised, to the shaking those foundations, and to the contracting and lessening the blessed gift of charity, which is a vital part of Christian religion, we shall think ourself very unfortunate, and even suspect that we are defective in that administration of government with which God hath intrusted us." What an appalling suspicion to cross the brain of Charles the Second! The ceremonies, — we proceed with the Declaration, — would not be peremptorily insisted on- Episcopacy would be maintained, but moderated. Care would be taken that the Lord's day should be applied to holy exercises " without unnecessary diver- tisements," and that insufficient, negligent, and scandalous ministers should not be permitted in the Church, The restored bishops were pronounced men of " great and exemplary piety," whose recent suffer ings had given them the last touch of perfection ; and only men of virtue, learning, and piety should, for the future, be preferred to the Episcopal office. Bishops were to be frequent preachers. The size of dioceses having been thought too large, an adequate number of suffragan bishops would be appointed in every diocese. Ordination and all exercises of I 114 English Puritanism. discipline would take place "with the advice and assistance of the Presbyters," and no act of spiritual jurisdiction, such as excommunication or absolution, was to be performed exclusively by lay officials. The most learned, pious, and discreet of the Presbyters, would be chosen for deans and chapters, and a number of Presbyters, equal to that of the chapter, " annually chosen by the major vote of all the Presbyters of that diocese," would advise and assist with the chapters in ordinations, excommunica tions, and so on. Confirmation was to be rightly and solemnly performed, by information and with consent of the minister of the place ; none were to be admitted to the Lord's supper till they had made a credible profession of their faith ; and all possible diligence was to be used for the instruction and reformation of scandalous offenders. Every rural dean was to meet monthly with three or four ministers of his deanery, chosen by the Presbyters, to receive complaints from ministers or churchwardens, to com pose differences referred to them for arbitration, to convince offenders, to reform things amiss by pastoral reproofs and admonitions, and to' prepare and present to the bishop those matters which could not, in this pastoral and persuasive way, be composed and reformed. The dean and his assistants were to see that the children and younger sort were carefully instructed by the respective ministers of every parish, in the grounds of Christian religion. No bishop was to exercise arbitrary power, or impose anything The October Declaration. 115 beyond the law of the land. The Book of Common Prayer was to be preserved ; but " an equal number of learned divines, of both persuasions," were to review the same, making such alterations as should be thought necessary, and adding certain forms, couched, as much as might be, in scriptural phrase, which ministers, who preferred them to the others, might use. As for the ceremonies, they were not to be abolished : but those who found them galling to conscience, were to be indulged in their omission. Kneeling at the sacrament, the use of the cross in baptism, bowing at the name of Jesus, wearing the surplice, were left, for the time, open questions, to be decided and determined upon by a National Synod. The oath of canonical obedience, and the subscription required by the canon, were to be dispensed with in the " ordination, institution, and induction " of clergymen, and in the taking of university degrees. Lastly, and to sum up the whole matter, no minister was ,to forfeit his benefice in virtue of the Elizabethan Act of Uniformity, who " read and declared his assent to all the Articles of religion, which only concern the confession of the true Christian faith, and the doctrine of the sacraments comprised in the Book of Articles," Such was the Declaration to which Charles II, put his hand " at our court at Whitehall, this twenty-fifth day of October, 1660." It is not pleasant to think of the whole thing as a trick, a piece of elaborate hypocrisy, with which Clarendon and the bishops per- I 2 116 English Puritanism. mitted Charles to amuse the Presbyterians, This view has been taken by men whose authority is im posing, by Hallam, Macaulay, and others, and can probably never be disproved. But we lean rather to the belief that Charles was sincere, and that he really meant to give the Presbyterians the benefit of his Declaration. What man so bad that he has not some visitings of virtue ? What heart so dead that it has absolutely no sense of the pleasure of generosity and beneficence? If a glow of manly ambition did not thrill the bosom of Charles, if he felt no aspiration to bear himself as a king, no consciousness of royal duties, responsibilities, and rewards, with the eyes of a nation fiashing blessings on him through its tears, he must have been indeed the basest of mortals. We believe that he would have sincerely rejoiced to see the Declaration become law. And in truth it was worthy of his ambition. If he had obtained for it the sanction of the Houses, he would have taken an honourable place beside Henry, Elizabeth, and the other diademed Reformers of England. The Church might, since his day, have been less pliant to the hand of states men ; less exclusive and aristocratic ; less adapted to supply the name and form of religion to those decent, respectable multitudes who lack its power; less studiously courteous and deferential to Rome: but she would have been the most truly National Church in Christendom, loved, reverenced, all but adored by peer and peasant; and the Reformed Churches of The Presbyterians and the Declaration. 117 Europe would have hailed her with acclamations of joy and pride as the first and noblest daughter of the Reformation. Now, Presbyterians, now, if ever, is your moment of destiny ! Let your representatives in the metropolis hail the Declaration with shouts of welcome; let its clauses be regarded as the authoritative basis of union ; and let every man of you in England petition Parliament to set it among the statutes of the realm ! Alas, the Presbyterians wanted the statesman's eye. They were, indeed, elated. Reynolds accepted a bishopric off hand. Baxter and Calamy signified their willingness to become bishops when the Declaration was law. The Presbyterian ministers of London composed a "humble and grateful acknowledgement," glowing Avith ardent satisfaction, accepting the Declaration as adequate to the requirements of peace ; and laid it, with their signatures attached, at the foot of the throne. But that passion for absolute logical perfec tion, which is the distemper of noble minds, would not let Baxter leave well alone. With an infatuation truly marvellous, he drew up a petition to his majesty, expressing indeed the comfort and great joy with which he and his brethren regarded the Declaration, but criticising many of its provisions, and suggesting a few additions and alterations.* Oh for one hour of those canny, clear-eyed Scots, who put the English Presbyterians in the way of winning so much in 1640, one hour of the Earl of Rothes, or precious * Document, No. XII. Documents, No. X, and XI, 118 English Puritanism. Mr. Henderson, or even of the soUd Mr. BaiUie of KUwinning, with his irresistible book against " Arminian Episcopals " ! These would have shaken Baxter out of his trance of security, his dream of perfection ; would have torn up his schedule of altera tions and improvements; would have bidden him haunt the lobby of the House, besiege every noble man who had the ear of Clarendon or the King, and send out emissaries to ride, as Hampden ro9e from county to county before the Long Parliament, through the length and breadth of England, calling on the people to send to Westminster a unanimous, urgent prayer that the King's Declaration might become law. For, if Baxter did not find the Declaration abso lute perfection, there were others to whom it was infinitely more displeasing. Sheldon, Morley, and the whole company of Episcopalian martyrs, would have considered it a miserable and humiliating surrender to the Roundheads. While Baxter polished and polished with a view to abstract perfection, they thought only of throwing the Declaration out of the House of Commons, They worked upon Clarendon, They rallied the courtiers as one man round the banner of High Church, They spirited away Sir Matthew Hale from the Lower House by having him appointed Chief Baron of the Exchequer, At length their efforts were crowned with success. On the twenty -eighth of November, 1660, they saw the Declaration rejected by a majority of twenty-six. Bishop Sheldon may now breathe freely; Bishop The Declaration Rejected by Parliament. 119 Morley may give the rein to his rustic wit ; Mr, Baxter may wake from his trance exactly when he pleases: alea jacta est. In the month of December, 1660, the Convention Parliament was dissolved. In the spring of 1661, the new elections proceeded. The nation was in one of those convulsions of loyalty which have recurred at intervals in our history, and in which the great English people has always looked singularly foolish. We do not find that there was any elaborate packing of the Parliament ; in fact, when this nation, has felt strongly on any subject, the packing of Parliament has proved a hopeless business. The Houses met on the 8th of May, Meanwhile the negotiation between the Presbyterians and the bishops went on, and that meeting of an equal number of learned divines of both persuasions, which had been promised in the Declaration of October, took place. There were twelve bishops and twelve Presbyterians, each party being supported by nine assistant divines. They met in a palace in the Strand, built by Peter, Duke of Savoy, more than a hundred years before. The discussion which took place has hence been named the Savoy Conference.* Bishop Sheldon, Bishop Morley, Dr. Gunning, and their party, desired no comprehension. To deny this is gratuitously absurd ; they never thought of deny ing it themselves ; and any rational defence of their proceedings must be based upon the hypothesis that, • Documents, from No. XIV. to No. XXIII. inclusive. 120 English Puritanism. as shrewd ecclesiastical statesmen, they deemed it best for the Church of England to expel the Puritans from her communion. Such was the policy of High Churchmen at the restoration ; such was the policy of High Churchmen at the revolution ; and such, in fact, is the policy of High Churchmen at the present day, Sheldon, the ruling mind on the Episcopalian side, was an admirable representative of the school of high and dry Churchmen, which flourished during the reign of Charles II. , and is in full vigour in modern times. He had none of the intensity, sincerity, narrow gloom, or fanatical enthusiasm, of Laud. Princely in his liberalities, eminent in the discharge of those hospitable duties which belong to a bishop's function, with neither the reality nor the affectation of saintliness, but with the courtesy, urbanity, and manner of one who shone in society, his feeling in reference to the Puritans appears essentially to have been that their earnestness, their zeal, their insistence upon personal piety, were disturbing ele ments in a great social and political institution like the Church of the throne and the aristocracy. He was, what a frank reviewer of our day has pronounced to be ideal perfection in a bishop, — a thorough man of the world. He judged, and he no doubt judged correctly, that a Church having within her borders the old Puritan life and fire, would not be the quiet, manageable, inoffensive Church which courtiers flatter and which statesmen love. He preferred stately stepping in the old paths to impas- The Savoy Conference. 121 sioned efforts to cause the face of England to glow with spiritual Christianity, The Church was now to adapt herself to a society presided over by Charles II. ; and Sheldon instinctively and justly felt that peace could not exist within her borders, if the Puritans, from her pulpits, flashed the mirror of Christian purity upon the vices and follies of the age. He was deliberately resolved, therefore, that they should be thrust out, and the more who went the better. Sheldon took his measures as an able general who knew what he had to do, and never turned his eye from the mark. At the first meeting, April 15th, 1661, he made it plain that the Puritans were to enter on a campaign rather than engage in a confer ence. Along with his Episcopal brethren, he assumed a defensive position. The Prayer Book was in their eyes perfect ; what did the Presbyterians wish to add or to alter? The assumption of this attitude was equivalent to a refusal to entertain the question of compromise. The revision which his majesty had promised in the October Declaration was not to be executed as a common work, in which all were presumed to have sympathy, in other words, was not to be revision at all. The Presbyterians had liberty to object, and the Bishops on hearing what was asked, would state what they were pre pared to concede. It was vain for the Presbyterians to remonstrate. The Bishops had the sympathy uf the court, and popular feeling became every day stronger against the Puritans. Delay was 122 English Puritanism. victory for the prelates ; silence or withdrawal would have been interpreted as obstinacy on the part of the Presbyterians. They drew up, therefore, their paper of Exceptions* to the Book of Common Prayer, and, on the 4th of May, 1661, presented it to the Bishops, The leaders on the side of the Presbyterians were Baxter, Reynolds, Calamy, Clarke, and one or two others. Reynolds, Calamy, and about half of the Presbyterian twelve, had sat in the Westminster Assembly. Their first paper of Exceptions, though approved of by Baxter, was not from his pen. It lacks the fervour and copiousness which mark his composition. It is, throughout, cautious, cool, and judicious. This will, we think, be assented to if its terms are fairly considered, and if we grant that the Presbyterians were bound, in honour and in charity, to proceed on the supposition that all parties desired comprehension. The principles on which they proposed to effect union are distinctly stated at the commencement. The first sentence in the document is an indirect but emphatic disclaimer of all wish to substitute a uniformity of their own for the uniformity of the Prayer Book, It is the expression of a hope that the bishops, " in imitation of his majesty's most prudent and Christian moderation and clemency," will " bear with the infirmities of the weak," and not " measure the consciences of other men by the light and latitude of their own," but consider of expedients fitted to * Document, No. XV. The Puritan Exceptions. 123 unite in a single communion "those that differ." The method of comprehension which they suggest is, in one word, the exercise of charity on the part of the Church towards her individual members. " The limiting of Church communion," they declare, " to things of doubtful disputation, hath been in all ages the ground of schism and separation." Justice requires us to view the particular emen dations proposed by the Puritans on the Prayer Book in the light of these general principles. If some of their exceptions appear to us trivial, we must recollect that the proposers seek not to bind even a trivial burden upon others, but crave that in trivial matters there may be no compulsion exercised upon themselves. If some of their scruples have become obsolete, let us acknowledge that the fact only confirms their main position, namely, that forms of worship devised in one age, and having, it may be, for that age, a noble and natural symbolism, should not be petrified into an unvarying type, and imposed on men in all ages, in all circumstances, under all variations of habit and of feeling. They frankly state that some of their exceptions are " of inferior consideration, verbal rather than material," others " dubious and disputable," while some appear to them to touch on serious corruptions repugnant to the rule of the gospel. They pray that the most important blemishes may be removed, and that there may be no " rigorous imposition" of the rites and ceremonies in general; they do not hint 124 English Puritanism. that, if their own liberty is respected, they desire to push their model of uniformity upon others. The particular exceptions were those which had been brought forward by the Puritans from the first, and which are taken to the Prayer Book at this day by the Evangelical party in the Church. The Bishops received the paper from the Puritans, and their Reply * was brief and peremptory. " For preserving of the Church's peace, we know no better nor more efficacious way than our set liturgy " — such was their frank and scornful avowal, . As for tender consciences, let persons troubled with these pray for humility to think their guides " wiser and fitter to order " than themselves. If the ceremonies were not imposed, where was innovation to end? "If pretence of conscience did exempt from obedience, laws were useless ; whosoever had not list to obey might pretend tenderness of conscience, and be thereby set at liberty." Just so. It is the argu ment of selfish, timorous, and stupid Conservatism in all ages ; lay a finger on Tenterden steeple, and the ocean will be upon us. For the rest, the things to which the Puritans took exception were, the Bishops allowed, " neither expressly com manded nor forbidden by God;" but the Church had a right to impose them on tender consciences because she was commanded by the apostle to take care that all things should be done decently and in order. A good deal of argument, in the manner * Document, No. XVI. The Reply of the Bishops. 125 though not exactly in the tone of Hooker, was added, with a view to show how unreasonable it was for tender consciences not to fall quietly asleep in the lap of mother Church. A list of " concessions " was ap pended to the Reply. It is when we examine this list that we see what a farce the whole Conference was, so far as the Bishops were concerned. The yoke of the ceremonies is not relaxed by a jot or a tittle. The alteration of the word " Sunday " into " Lord's day " is refused. Not a sentence of the Apocrypha is removed. The most important in the seven teen " concessions " is the omission of the words " sure and certain " before " hope of the resurrection to eternal life," as expressed over the body of every man committed to the grave. And these words, we all know, are in the Prayer Book to this day. Among those who have recently objected to them were the sons of Richard Carlile, the notorious atheist, who did not wish to purchase from the Church a compli ment to their father. Charles had promised at Breda, and again in his October Declaration, that liberty should be granted to tender consciences. The Bishops had now finally attached their interpretation to the phrase. The Puritans were to have liberty to submit their con sciences implicitly to the Church. In presenting the Exceptions to the Prayer Book, along Mith a reformed liturgy, which Baxter had unwisely drawn up, but Avhich was never meant by the Presbyterians to be insisted on as a condition of their remaining in the Church, the Puritan 126 English Puritanism. Commissioners addressed to the Bishops a Petition* for peace and concord. In this petition, and in the Rejoinder t to the reply of the Bishops to the exceptions, it is that we chiefly discern the part played by Baxter in this controversy. There is a profound and noble pathos in the earnestness with which he implores the bishops not to deprive Christ ians, by the ordinances of the Church, of that liberty which Christ confers upon His people. There is a more plaintive sadness, also very touching, in the accents in which he prays that, in a day of common joy, when old enmities seem gone for ever, when the turf is growing green on the battle-field, the religious and loyal subjects of his majesty may not experience the heart-breaking sorrow of beholding their pastors driven from the Church, and ignominiously silenced. There is a very tender wisdom, a wisdom which can never grow old, a wisdom as deserving of conside ration to-day as it was two hundred years ago, in his pleading on the subject of conscientious scruples. Was all this suffering to be put upon brother Christ ians for refusing conformity to things, in the Bishops' own account, indifferent? Were they to be forced to adopt forms and ceremonies which seemed to them to pass beyond the directions of Scripture, thus re flecting on the Word as insufficient, and trenching on the kingly power of Christ? Suppose they were mis taken : was theirs not a mistake to be gently dealt with, a malady of noble souls? Was it so dire an offence to be fearful of displeasing God, even * Document, No. XVII. f Document, No. XVIIL Baxter's Petition. 127 with the alternative of pleasing the Church? Was it not pardonable to be careful to obey Him, even at the risk of disobeying His ministers? Did not the love of Christ instruct Church rulers to be tender of those who were tender of His honour, to take heed how they punished men for taking heed of sin? Nay, did not the love, common to all human bosoms, still more the special love which binds Christian to Christian, commend reluctance in driving men by penalties on that which, as they believed, tended to their everlasting damnation, and which in truth, not being matter of faith, was, to them at least, sin ? The Bishops did not allege difference in faith ; they knew that the ministers whom they threatened to exclude, were godly and energetic pastors; would they refuse liberty and communion on earth, to those with whom Christ would hold communion in grace and glory? Baxter dwells upon this love of Christ for His people, which it seemed so strange to him that the bishops would not imitate. He recalls those scriptural passages in which the varied imagery of prophets and evangelists is employed to depict the tenderness, care, and loving consideration of Christ, for those who faithfully, however feebly, serve Him, He reminds the prelates that Christ is a merciful high priest, a gracious Saviour, a tender Governor, despising not the day of small things, feeding His flock like a shepherd, gathering His lambs with His arm, and carrying them in His bosom, not breaking the bruised reed, not quenching the smoking flax, " Bear with 128 English Puritanism. us," he exclaims, " whUe we add this terrible passage : — ' whoso shall receive one such little child in my name, receiveth me: but whoso shall offend one of these little ones that believe in me, it were better for him that a millstone were hanged about his neck, and that he were drowned in the depth of the sea,' " Beyond prudential considerations, the Bishops had in reality but one argument by which to defend their impositions, St. Paul, they said, had directed that all things should be done " ihtr-x/iyijovcog in a flt scheme, habit, or fashion, decently," and that there should be a " rag that can so far unman us, as to make us disbelieve both our own experience, and common observation of the effect on others. Yet we confess that some forms have their laudable use, to cure that error and vice, that lieth on the other extreme. And might we but sometimes have the Uberty to interpose such words as are needful to call home and quicken 1661. J to the Answer of the Bishops. 331 attention and affection, W'C should think that a convenient conjunction of both might be a well-tempered means to the common constitutions of most. But still we see the world will run into extremes, whatever be said or done to hinder it. It is but lately that we were put to it, against one extreme, to defend the lawfulness of a form of liturgy; now the other extreme it troubleth us, that we are forced against you, even such as you, to defend the use of such prayers of the pastors of the churches, as are necessarily varied according to subjects and occasions, while you would have no prayer at aU in the church, but such prescribed forms. And why may we not add, that whoever maketh the forms imposed on us, if he use them, is guUty as well as we of praying according to his private conceptions; and that we never said it proved from Scripture, that Christ appointed any to such an office, as to make prayers for other pastors and churches to offer up to God ; and that this being none of the work of the apostolic, or common ministerial office in the primitive church, is no work of any office of divine institution ? Prop. 1. § 3, Ans. To that part of the proposal, that the prayers may consist of nothing doubtful or questioned by pious, learned, and orthodox persons ; they not determining who be those orthodox persons; we must either take aU them for ortho dox persons, who shall confidently affirm themselves to be such, and then we say, first, the demand is unreasonable ; for some such as call themselves orthodox, have questioned the prime article of our creed, even the divinity of the Son of God, and yet there is no reason we should part with our creed for that. Besides, the proposal requires impossibility; for there never was, nor is, nor can be such prayers made, as have not been, nor wUl be questioned by some who caU themselves pious, learned, and orthodox. If by orthodox be meant those who adhere to Scripture and the catholic consent of antiquity, we do not yet know that any part of our Uturgy hath been questioned by such. Reply. And may we not thus mention orthodox persons to men that profess they agree with us in doctrinals, unless we 333 Rejoinder of the Ministers [1661. digress to tell you who they be ? What if we were pleading for civil concord among all that are loyal to the king, must we needs digress to tell you who are loyal ? We are agreed in one rule of faith, in one holy Scripture, and one creed, and differ not (you say) ahout the doctrinal part of the thirty-nine Articles. And will not aU this seem to teU you who are orthodox ? If you are resolved to make aU that a matter of contention which we desire to make a means of peace, there is no remedy while you have the ball before you, and have the wind and sun, and the power of contending without control. But we perceive, that the cathoUc consent of antiquity must go into your definition of the orthodox ; but how hard it is to get a reconcUing determination, what ages shall go with you, and us, for the true antiquity, and what is necessary to that consent that must be called catholic, is unknown to none but the inexperienced. And indeed we think a man that searcheth the holy Scripture, and sincerely and unreservedly gives up his soul to understand, love, and obey it, may be orthodox, without the knowledge of church history; we know no universal lawgiver, nor law to the church, but one, and that law is the sufficient rule of faith, and consequently the test of the truly orthodox, though we refuse not church history, or other means that may help us to understand it. And to acquaint you with what you do not know, we ourselves (after many pastors of the reformed churches) do question your liturgy, as far as is expressed in our papers ; and we profess to adhere to Scripture and the catholic consent of antiquity, as described by Vicentius Lirinensis. If you will say, that our pretence and claim is unjust, we call for your authority to judge our hearts, or depose us from the number of the orthodox, or else for your proofs to make good your accusation. But however you judge, we rejoice iu the expectation of the righteous judgment, that shall finally decide the controversy ; to which, from this aspersion, we appeal. • Prop. 1. § 4. Ans. To those generals, " loading public forms with church pomp, garments, imagery, and many superfluities A 1661. J to the Answer of the Bishops. 333 that creep into the church under the name of order and decency, encumbering churches with superfluities, over rigid reviving of obsolete customs, &c.," we say, that if these generals be intended as applicable to our liturgy in particular, they are gross and foul slanders, contrary to their profession, (page ult,,) and so either that or this contrary to their conscience; if not they signify nothing to the present business, and so might with more prudence and candour have been omitted. Reply. You needed not go a fishing for our charge; what we had to say against the liturgy, which we now desired you to observe, was here plainly laid before you ; answer to this, and suppose us not to say, what we do not, to make yourselves matter of reproaching us with gross and foul slanders. Only we pray you answer Mr. Hales, as Mr. Hales, (whom we took to be a person of much esteem with you,) especiaUy that passage of his which you take no notice of, as not being so easy to be answered, for the weight and strength which it carries with it ; viz., that the limiting of the church commu nion to things of doubtful disputation, hath been in all ages the ground of schism and separation, and that he that sepa rates from suspected opinions is not the separatist. And may we not cite such words of one that we thought you honoured, and would hear, without contradicting our profes sion of not intending depravation or reproach against the book without going against our consciences ? If we cite the words of an author for a particular use (as to persuade you of the evU of laying the church's unity upon unnecessary things) must we be responsible therefore for all that you can say against his words in other respects? We suppose you would be loth your words should have such interpretations, and that you should be under such a law for all your citations. Do as you would be done by. Prop. 3. Ans. It was the wisdom of our reformers to draw up such a liturgy as neither Romanist nor Protestant could justly except against ; and therefore as the first never charged it with any positive errors, but only the want of something they conceived necessary, so it was never found fault with by 234 Rejoinder of the Ministers " [1661. those to whom the name of Protestants most properly belongs, those that profess the Augustan confession : and for those, who unlawfully and sinfully brought it into dislike with some people, to urge the present state of affairs, as an argu ment why the book should be altered, to give them satisfac tion, and so that they should take advantage by their own unwarrantable acts, is not reasonable. Reply. If it be blameless, no man can justly except against it : but, de facto, the Romanists never charged it with any positive errors, is an assertion that maketh them reformed, and reconcUable to us, beyond all belief: is not the verv using it in our own tongue a positive error in their account? Is it no positive error in the papists' account, that we profess to receive these creatures of bread and wine ? Do they think we have no positive error in our catechism about the sacra ment, that afBrmeth it to be bread and wine after the conse cration, and makes but two sacraments necessary? &c, 3. And unless we were nearlier agreed than we are, it seemeth to us no commendation of a liturgy, that the papists charge it with no positive error. 3. That" no divines, or private men at home, or of foreign churches that ever found fault with the liturgy, are such to whom the name of Protestant properly be longeth, is an assertion that proveth not what authority of judg.- ing your brethren you have, but what you assume and com- mendeth your charity no more than it commendeth the papists, that they deny us to be catholics. Calvin and Bucer subscribed the Augustan confession, and so have others that have found fault with our liturgy. 4. If any of us have blamed it to the people, it is but with such a sort of blame, as we have here expressed against it to yourselves; and whether it be unlawful and sinful, the impartial comparing of your words with ours, will help the willing reader to discern. But if we prove indeed that it is defective and faulty, that you bring it for an offering to God when you or your neighbours have a better, which you will not bring, nor suffer them that would (Mal. i, 13,) and that you call evil good in justifying its blemishes, which in humble modesty we besought you to 1661.] to the Answer of the Bishops. 335 amend, or excuse us from offering, then God will better judge of the unlawful act than you have done. But you have not proved, that all, or most of us, have caused the people at all to dislike it ; if any of us have, yet weigh our argument, though from the present state of affairs : or, if you will not hear us, we beseech you hear the many ministers in England, that never meddled against the liturgy, and the many moderate episcopal divines that have used it, and can do still, and yet would earnestly entreat you to alter it, partly becauseof what in it needs alteration, and partly in respect to the com modity of others; or at least we beseech you recant, and obliterate such passages as would hinder all yourselves^from any act of reformation hereabout; that if any man among you would find fault with some of the grosser things, which we laid open to you, tenderly and sparingly, and would reform them, he may not presently forfeit the reputation of being a Protestant. And lastly, we beseech you - deny not again the name of Protestants to the Primate of Ireland, the Archbishop of York, and the many others that had divers meetings for the reformation of the liturgy, and who drew up that catalogue of faults, or points, that needed mending, which is yet to be seen in print; they took not advantage of their own unwarrantable acts for the attempting of that alteration. Prop. 3, 4. Ans. The third and fourth proposals may go to gether, the demand in both being against responsals and alter nate readings in hymns, and psalms, and litany, &c,, aud that upon such reason as doth in truth enforce the necessity of continuing them as they are, namely, for edification. They would take these away, because they do not edify ; and upon that very reason they should continue, because they do edify, if not by informing of our reasons and understandings (the prayers and hymns were never made for a catechism,) yet by quickening, continuing, and uniting our devotion, which is apt to freeze, or sleep, or flat in a long continued prayer, or form : it is necessary therefore for the edifying of us therein, to be often called upon and awakened by frequent Amens, to 336 Rejoinder of the Ministers [1661. be excited and stirred up by mutual exultations, provocations, petitions, holy contentions, and striArings, which shall most shew his own, and stir up others' zeal to the glory of God. For this purpose alternate reading, repetitions, and responsals, are far better than a long tedious prayer. Nor is this our opinion only, but the judgment of former ages, as appears by the practice of ancient Christian churches, and of the Jews also. But it seems, they say, to be against the Scripture, wherein the minister is appointed for the people in pubhc prayers, the people's part being to attend with sUence, and to declare their assent in the close by saying Amen ; if they mean that the people in public services must only say this word Amen, as they can no more prove it in the Scriptures, so it doth certainly seem to them that it cannot be proved ; for the^ff directly practice the contrary in one of their principal parts of worship, singing of psalms, where the people bear as great a part as the minister. If this way be done in Hopkins', why not in David's psalms ? If in metre, why not in prose ? If in a psalm, why not in a litany ? Reply. What is most for edification, is best known by ex perience, and by the reason of the thing. For the former, you are not the masters of all men's experience, but of your own, and others that have acquainted you with the same, as theirs. We also may warrantably profess in the name of ourselves, and many thousands of sober, pious persons, that we expe rience that these things are against our edification, and we beseech you- do not by us, what you would not do by the poor labouring servants of your family, to measure them aU their diet for quality or quantity, according to your own appetites, which they think are diseased, and would be better if you worked as hard as they. And we gave y du some of the reasons of our judgment. 1. Though we have not said that the people may not in psalms to God concur in voice, (we speak of prayer which you should have observed) and though we only concluded it agreeable to the Scripture practice, for the people in prayer to say but their Amen; yet knowing not from whom to understand the will of God, and 1661.] to the Answer of the Bishops. 337 what is pleasing to him, better than from himself, we con sidered what the Scripture saith of the ordinary way of public worship ; and finding ordinarUy that the people spoke uo more in prayer (as distinct from psalms and praise) than their Amen, or mere consent, we desired to imitate the surest pattern. '3. As we find that the minister is the mouth of the people to God in public (which Scripture, and the necessity of order do require), so we were loth to countenance the people's invading of that sacred office, so far as they seem to us to do ;— 1 . By reading half the psalms and hymns ; — 3, By saying half the prayers, as the minister doth the other half; — 3. By being one of them the mouth of aU the rest in the confession at the Lord's Supper ; — 4. By being the only petitioners, in the far greatest part of aU the Utany, by their good Lord deliver us, and we beseech thee to hear us good Lord. WhUe the minister only reciteth the matter of the prayer, and maketh none of the request at all, we fear lest, by parity of reason, the people will claim the work of preaching, and other parts of the ministerial office. 3. And we men tioned that which all our ears are witnesses of, that while half the psalms, and hymns, &c., are said by such of the people as can say them, the murmur of their voices in most congregations, is so unintelUgible and confused, as must hinder the edification of aU the rest. For who is edified by that which he cannot understand ? We know -not what you mean by citing 3 Chron, vii, 1,4; Ezra iii, 11, where there is not a word of public prayer, but in one place of an acclamation, upon an extraordinary sight of the glory of the Lord, which made them praise the Lord, and say, he is good, for his mercy is for ever; when the prayer that went before was such as you caU a long tedious prayer uttered by Solomon alone, without such breaks, and descants. And in the other places is no mention of prayer at aU, but of singing praise, and that not by the people, but by the priests, and Levites, saying the same words, for he is good, for his mercy endures for ever towards Israel. The people are said to do no more than shout with a great shout, because the foundation of the 338 Rejoinder of the Ministers [1661, house was laid : and if shouting be it that you would prove, it is not the thing in question. Let the ordinary mode of praying in Scripture be observed, in the prayers of David, Solomon, Ezra, Daniel, or any other, and if they were by breaks, and frequent beginnings and endings, and alternate interlocutions of the people, as yours are, then we wiU con form to your mode, which now offends us. But if they were not, we beseech you reduce yours to the examples in the Scripture : we desire no other rule to decide the controversy by. As to your citation, 1. Socrates there tells us of the alternate singing of the Arians in the reproach of the ortho dox, and that Chrysostom (not a synod) compiled hymns to be sung in opposition to them in the streets, which came in the end to a tumidt and bloodshed. And hereupon he teUs us of the original of alternate singing, viz., a pretended vision of Ignatius, that heard angels sing in that order. And what is all this to alternate reading, and praying, or to a divine institution, when here is no mention of reading, or praying, but of singing hymns; and that not upon pretence of apostolical tradition, but a vision of uncertain credit? Theo- doret also speaketh only of singing psalms alternately, and not a word of -reading or praying so. And he fetcheth that way of singing also, as Socrates doth, but from the Church at Antioch, and not from any pretended doctrine, or practice of the apostles. And neither of them speaks a word of the neces sity of it, or of forcing any to it : so that all these your cita tions, speaking not a word so much as of the very subjects in question, are marvellously impertinent. The words — their worship — seem to intimate, that singing psalms is part (of our worship) and not of yours ; we hope you disown it not : for our parts we are not ashamed of it. Your distinction be tween Hopkins' and David's psalms, as if the metre aUowed by authority to be sung in churches made them to be no more David's psalms, seemeth to us a very hard saying. If it be because it is a translation, then the prose should he none of David's psalms neither, nor any translation be the Scripture. If it be because it is in metre, then the exactest 1661.] to the Answer of the Bishops. 339 translation in metre should be none of the Scripture. If because it is done imperfectly, then the old translation of the Bible, used by the Common Prayer book, should not be Scripture. As to your reason for the supposed priority, — 1. Scripture examples teUing us that the people had more part in the psalms, than in the prayers or readings, satisfy us that God and his church then saw a disparity of reason. 3. Com mon observation tells us, that there is more order and less hinderanee of edification in the people's singing, than in their reading and praying together vocally. Prop. 5. § 1. Ans. It is desired that nothing should be in the liturgy which so much as seems to countenance the observa tion of Lent as a religious fast ; and this as an expedient to peace; which is, in effect, to desire that this our church may be contentious for peace sake, and to divide from the church catholic, that we may live at unity among ourselves. For Saint Paul reckons them amongst the lovers of contention, who shall oppose themselves against the customs of the churches of God. That the religious observation of Lent was a custom of the churches of God, appears by the testi monies following. Chrysost. Ser. 11, in Heb. x, CyriU. Catec. Myst. 5, St. August., Ep. 119, ut 40 dies ante Pascha obser ventur, ecclesia consuetudo, roboravit; and St. Hierom ad Marcell. says, it was secundum traditionem apostolorum. This demand then tends not to peace, but dissension. The fasting forty days may be in imitation of our Saviour, for all that is here said to the contrary ; for though we cannot arrive to his perfection, abstaining wholly from meat so long, yet we may fast forty days together, either Cornelius' fast, till three of the clock afternoon, or Saint Peter's fast till noon, or at least Daniel's fast, abstaining from meats and drinks of delight, and thns far imitate our Lord. Reply. If we had said, that the church is contentious if it adore God in kneeling on the Lord's days, or use not the white garment, [and] milk and honey after baptism, which had more pretence of apostolical tradition, and were generally used more anciently than Lent, would you not have thought 240 Rejoinder of the Ministers [1661. we wronged the church ? If the purer times of the church have one custom, and later times a contrary, which must we follow ? Or must we necessarily be contentious for not follow ing both ; or, rather, may we not, by the example of the church that changeth them, be allowed to take such things to be matters of liberty, and not necessity? If we must needs conform to the custom of other churches in such things, or be contentious, it is either because God hath so commanded, or because he hath given those churches authorify to com mand it. If the former, then what churches or what ages must we conform to ? If all must concur to be our pattern, it will be hard for us to be acquainted with them, so far as to know of such concurrences ; and in our case we know that many do it not. If it must be the most, we would know where God commandeth us to imitate the greater number, though the worse ; or hath secured us that they shall not be the worst;, or why we are not tied rather to imitate the purer ages than the more corrupt ? If it be said, that the church hath authority to command us, we desire to know what church that is, and where to be found and heard, that may command England and all the churches of his majesty's dominions. If it be said to be a general councU — 1. No general council can pretend to more authority than that of Nicoea, whose 30th canon, backed with tradition and common practice, now binds not us, and was laid by without any repeal by foUowing councils. 3. We know of no such things as general councils, at least that have bound us to the religious observation of Lent. The bishops of one empire could not make a general council. 3. Nor do we know of any such power that they have over the universal church ; there being no visible head of it, or governors, to make universal laws, but Christ, as Rogers, on the 30th Article fore-cited, shews. Our 31st Article saith, that general councils may not be gathered together without the commandment and wUl of princes; and doubtless, all the heathen, and Mahometans, and all the contending Christian princes, will never agree together (nor never did) to let all their Christian subjects 1661 .] to the Answer of the Bishops. 341 concur to hold a general councU. It saith also — " And when they be gathered together, forasmuch as they be an assembly of men, whereof all be not governed with the Spirit and Word of God, they may err, and sometimes have erred, even in things pertaining unto God ; therefore, things ordained by them, as necessary to salvation, have neither strength nor authority unless it may be declared that they be taken out of holy Scripture." And if they may err in things pertaining unto God, and ordained by them as necessary to salvation, much more in lesser things. And are we contentious if we err not with them? Our 34th Article determineth this controversy, saying — " It is not necessary that traditions and ceremonies be in aU places one, or utterly like; for at all times they have been diverse, and changed according to the diversity of coimtries, times, and men's manners, so that nothing be ordained against God's word :" and after — " every particular, or national church, hath authority to ordain, change, and abolish ceremonies, or rites of the church, or dained only by man's authority, so that all things be done to edifying." They that believe not this should not subscribe it, nor require it of others. As for the testimonies cited by you, they are to little purpose. We deny not that the custom of observing Lent, either fewer days or more, was as ancient as those authors. But — 1. That Lent was not known or kept in the second or third ages, you may see as foUoweth ; — TertuU. de jejun. 1. 3, cap. 14, pleading to the Montanists. — Si omnem in totum devotionem temporum, et dierum, et mensium, et annorum erasit apostolus, cur pascha celebramus annuo circulo in mense primo ? cur quadraginta inde diebus in omni eoeulta- tione decurrimus ? cur stationibus quartam et sextam, sabbati dicamus? et jejuniis Parascevem? quamquam vos etiam sabba- tum, si quando continuatis, nunquam nisi in pascha jejunandum, etc. And cap. 15, excusing that rigor of their fasts. — Quantula est apud nos interdictio ciborum ? Duas in anno hebdomadas xerophagiarum, nee tolas, exceptis scilicet sabbatis et dominicis, offerimus Deo. The old general fast at that time was only the voluntary, unconstrained fasting on Good Friday, 242 The Rejoinder of the Ministers [1661. and after that, on one or two days more, and then on six, Irseneus, in a fragment of an epistle in Euseb. Hist., lib. 5, cap. 26, Gr. Lat. 23, saith, " The controversy is not only of the day of Easter, but of the kind of fast itself; for some think they should fast one day, some two, others more ; some measure their day by forty hours of day and night ; and this variety of those that observe the fasts, began not now in our age, but long before us with our ancestors, who, as is most Uke, propagated to posterity the custom which they retain, as brought in by a certain simplicity and private wUl. And yet aU these lived peaceably among themselves, and we keep peace among ourselves, and the difference of fasting is so far from violating the consonancy of faith, as that it even com mendeth it," Thus Irseneus. Read the rest of the chap ter. Thus is the true reading confessed by BeUarmine, Rigaltius, &c., and Dionys, Alexand., Ep. Can. ad BasU., p. 881. Balsamo saith, " Nor do aU equaUy and alike sus tain those six days of fasting; but some pass them aU fasting, some two, some three, some four, some more." And the Catholics in Tertull. de jejun, cap. 2, say; — Itaque de catero differenter jejunandum ex arbitrio, non ex imperio nova disciplina, pro temporibus et causis uniuscujusque. Sicet apostolos observasse, nullum aliud imponentes jugum certorum, et in commune omnibus obeundorum jejuniorum. And Socrates admireth at many countries, that aU differed about the number of days, and yet called it quadragesima, lib. 5, c. 23, Lat. Gr. 21. So Sozomen lib. 7, c. 19, Gr.; et Niceph. lib. 12, cap. 34, which may help you to expound Hierom, and the rest cited by you, as Rigaltius doth ad TertuU., de jejun, cap. 2, as shewing that they did it with respect to Christ's forty days' fast, but not as intending any such thing themselves as any fast of forty days. It is against the Montanists, that the Quadragesima was but once a year that Hierom useth the title of apostolic tradition. And how to expound him, see Epist. ad Lucin, unaquaque provincia abundet in sua sensu, et precepta majorum leges apostolicas arbitretur. But saith August, ad Casulan, Ep. 86. In evangelicis et apostolicis 1661.] to the Answer of the Bishops. 243 Uteris, totoque instrumento quod appellatur testamentum novum, animo id revolvens video preceptum esse jejuniuni: quibus autem diebus non oportet jejunare, et quibus oporteat, precept 0 domini vel apostolorum non invenio definitum. And that Christians' abstinence in Lent was voluntary, — quanto magis quisque vel minus vohterit, vel potuerit, — August, affirmeth, cont, Faustum Manich, lib. 30, cap. 5. And Socrates ubi supr, saith. Ac quoniam nemo de care pra- ceptum literarum monumentis proditum potest ostendere, perspicuum est apostolos liberam potestatem in eadem cujusque mente, ac arbitrio permississe : ut quisque nee metu, nee necessitate inductus quod bonum sit ageret. And Prosper de vit. Contempl. lib, 2, c. 24, veruntamen sic jejunare, vel abstinere debemus ut nos non jejunandi, vel abstinendi neces sitate subdamus, ne jam devoti, sed inviti, rem voluntariam faciamus. And Cassianus, lib. 2, col. 21, cap. 30, saith— m primitivd ecclesid equate fuisse jejunium per totum annum : ac frigescente devotione, cum negligerentur jejunia, inductum quadrag. a sacerdotibus. But when you come to describe your fast, you make amends for the length by making it indeed no fast ; to abstain from meats and drinks of delight, where neither the thing nor the deUght is profitable to further us in our duty to God, is that which we take to be the duty of every Christian aU the year, as being a part of our mortification and self-denial, who are commanded to crucify the flesh, and to make no provision to satisfy the lusts of it, and to subdue our bodies ; but when those meats and drinks do more help than hinder us in the service of God, we take it to be our duty to use them, unless, when some other accident forbids it, that would make it otherwise more hurtful ; and for fasting till noon, we suppose it is the ordinary way of diet to multitudes of sedentary persons, both students and tradesmen, that find one meal a day suffi cient for nature ; if you call this fasting, your poor brethren fast aU their Ufetime, and never knew that it was fasting; but to command hard labourers to do so, is but to make it a fault to have health, or to do their necessary work. We R 3 344 The Rejoinder of the Ministers [1661, beseech you bring not the clergy under the suspicion of gluttony, by calling our ordinary, wholesome temperance by the name of fasting : sure princes may feed as fully and delightfully as we; yet Solomon saith, "woe to thee, 0 land, when thy king is a chUd and thy princes eat in the morning; blessed art thou, O land, when thy king is the son of nobles and thy princes eat in due season, for strength and not for drunkenness." For mere sensual delight it is never lawful; and when it is for strength it is not to be forbidden, unless, when by accident, it wUl infer a greater good to abstain, Eccles. X, 16, 17 : so Prov, xxxi, 4, 6, — "it is not for kings to drink wine, nor for princes strong drink : give strong drink to him that is ready to perish, and wine to those that he of heavy hearts." Prop. 5. § 3. Ans. Nor does the act of parhament 5 EUzabeth forbid it ; we dare not think a parliament did intend to forbid that which Christ's church hath commanded. Nor does the act determine anything about Lent fast, but only provide for the maintenance of the navy, and of fishing in order thereunto, as is plain by the act. Besides we conceive that we must not so interpret one act as to contradict another, being stUl in force and unrepealed. Now the act of 1 Elizabeth confirms the whole liturgy, and in that the religious keeping of Lent, with a severe penalty upon all those who shall by open words speak anything in derogation of any part thereof; and therefore that other act of 5 Elizabeth must not be inter preted to forbid' the religious keeping of Lent. Reply. If when the express words of a statute are cited, you can so easUy put it off, by saying it does not forbid it, and you dare not think that a parliament did intend to forbid that which Christ's church hath commanded, and you must not interpret it as contradicting that act which confirms the liturgy, we must think that indeed we are no less regard ful of the laws of the governors than you. But first, we understand not what authority this is that you set against the king and parliament, as supposing they wUl not forbid what it commands? You caU it Christ's church, we suppose you 1661.] to the Answer of the Bishops. 245 mean not Christ himself, by his apostles infaUibly directed and inspired. If it be the national Church of England, they are the king's subjects; and why may he not forbid a cere mony which they command ; or why should they command it if he forbid it? If it be any foreign church, there is none bath power over us. If it be any pretended head of the church universal, whether pope or general councU, having power to make laws that bind the whole church, it is a thing so copiously disproved by Protestants against both the Italian and French Papists, that we think it needless to confute it, nor indeed dare imagine that you intend it. We know not therefore what you mean ; but whatever you mean you seem to contradict the fore-cited Article of the church of England, that makes all human laws about rites and ceremonies of the church to be unchangeable, by each particular national church ; and that it is not necessary that ceremonies or traditions be in aU places one, or utterly like. We most earnestly beseech you be cautious how you obtrude upon us a foreign power, under the name of Christ's church, that may command ceremonies which king and parliament may not forbid. Whether it be one man or a thousand, we fear it is against our oaths of allegiance and supremacy for us to own any such power.. And (not presuming upon any immodest challenge) we are ready in the defence of those oaths and the protestant religion, to prove against any in an equal conference, that there is no such power; and for the statute, let the words themselves decide the controversy, which are these : — Be it enacted, that whoso ever shall by preaching, teaching, writing, or open speech, notify that any eating of fish, or forbearing of flesh, men tioned in this statute, is of any necessity for the saving of the soul of man, or that it is the service of God, otherwise than as other political laws are and be, that then such persons are and shaU be punished, as the spreaders of false news are; and ought to be. And whereas you say the act determines not anything about Lent fast, it speaks against eating flesh on any days now usually observed as flsh days : and Lent is such, and the sense of the act for the Uturgy may better be 246 The Rejoinder of the Ministers [1661- tried by this, which is plain, than this reduced to that which is more obscure. Prop. 6. Ans. The observation of saints' days is not as of divme but ecclesiastical institution, and therefore it is not necessary that they should have any other ground in Scripture than aU other institutions of the same nature, so that they be agreeable to the Scripture in the genei-al end, for the promoting piety. And the observation of them was ancient, as appears by the rituals and liturgies, and by the joint consent of antiquity and by the ancient translations of the Bible, as the Syriac and Ethiopic, where the lessons appointed for holydays are noted and set down, the former of which was made near the apostles' times. Besides our Saviour himself kept a feast of the church's institution, viz , the feast of the dedication, (St. John x, 33.) The chief end of these days being not feasting, but the exercise of holy duties, they are fitter called holydays than festivals; and though they be all of like nature, it doth not follow that they are equal. The people may be dispensed with for their work, after the service, as authority pleaseth. The other names are left in the calendar, not that they should be so kept as holydays, but they are useful for the preserva tion of their memories, and for other reasons, as for leases, law days, &c. Reply. The antiquity of the translations mentioned is far from being of determinate certainty; we rather wish than hope that the Syriac could be proved to be made near the apostles' times. But, however, the things being confessed of human institution, and no foreign power having any authority to command his majesty's subjects, and so the imposition being only by our own governors, we humbly crave that they may be left indifferent, and the unity or peace of the churcb, or liberty of the ministers not laid upon them. Prop. 7. § 1. An^. This makes all the liturgy void, if every minister may put in and leave out at his discretion. Reply. You mistake us : we speak not of putting in and leaving out of the liturgy, but of having leave to intermix some exhortations or prayers besides, to take off the dead- 1661,] to the Answer of the Bishops. 247 ness which wiU follow, if there be nothing hut the stinted forms; we would avoid both the extreme that would have no forms, and the contrary extreme that woiUd have no thing but forms. But if we can have nothing but extremes, there is no remedy ; it is not our fault. And this moderation and mixture which we move for is so far from making all the liturgy void, that it will do very much to make it attain its end, and would heal much of the distemper which it occa- sioneth, and consequently would do much to preserve the reputation of it; as for instance, if besides the forms in the liturgy, the minister might at baptism, the Lord's supper, marriage, &c., interpose some suitable exhortation or prayer upon special occasion when he finds it needful. Should you deny this at the visitation of the sick, it would seem strange, and why may it not be granted at other times? It is a matter of far greater trouble to us, that you would deny us and aU ministers the liberty of using sny other prayers besides the Uturgy, than that you im pose these. Prop. 7. § 3. Ans. The gift or rather spirit of prayer consists in the inward graces of the spirit, not in ex tem pore expressions, which any man of natural parts, having a voluble tongue, and audacity, may attain to without any special gift. Reply. All inward graces of the spirit are not properly called the spirit of prayer, nor is the spirit of prayer that gift of prayer which we speak of. Nor did we call it by the name of a special gift, nor did we deny that ordinary men of natural parts and voluble tongues may attain it. But yet we humbly conceive that as there is a gift of preaching, so also of prayer, which God bestows in the use of means, di versified much according to men's natural parts, and their diligence, as other acquired abilities are; but also much de pending on that grace that is indeed special, which maketh men love and relish the holy subjects of such spiritual studies, and the holy exercise of those graces that are the soul of prayer; and consequently making men foUow on such exercises 248 The Rejoinder of the Ministers [1661, with deUght and diUgence, and therefore with success. And also God is free in giving or denying his blessing to man's endeavours. If you think there be no gift of preachmg, you wiU too dishonourably level the ministry. If reading be aU the gift of prayer or preaching, there needs no great under standing or learning to it. Nor should cobblers and tinkers be so unfit men for ministers as they are thought; nor would the reason be very apparent, why a woman might not speak by preaching or praying in the church. Prop, 7, § 3, Ans. But if there be any such gift, as is pre tended, it is to be subject to the prophets, and to the order of the church. Reply. The text speaks (as Dr. Hammond well shews) of a subjection to that prophet himself, who was the speaker. In spiration excluded not the prudent exercise of reason ; but it is a strange ordering, that totally excludeth the thing ordered. The gift of preaching (as distinct from reading) is to he orderly and with due subjection exercised ; but not to be on that pretence extinguished and cast out of the church : and indeed if you should command it, you are not to be obeyed, whatever we suffer; and why then should the gift of prayer (distinct from reading) be cast out ? Prop. 7. § 4!. Ans. The mischiefs that come by idle, imperti nent, ridiculous, sometimes seditious, impious, and blasphe mous expressions under pretence of the gift, to the dishonour of God, and scorn of religion, being far greater than the pre tended good of exercising the gift : it is fit that they who desire such liberty in public devotions, should first give the church security that no private opinions should be put into their prayers, as is desired in the first proposal; and that nothing contrary to the faith should be uttered before God, or offered up to him in the church. Reply. The mischiefs which you pretend, are inconvenien- cies attending human imperfection, which you would cure with a mischief; your argument from the abuse against the use is a palpable fallacy, which cast out physicians in some countries, and rooted up vines in others, and condemneth the 1661. J to the Answer of the Bishops. 249 reading of the scriptures in a known tongue among the Papists. If the apostles (that complained then so much of divisions, and preaching false doctrines, and in envy and strife, &c.) had thought the way of cure had been, in sending min isters about the world, with a prayer book, aud sermon book, and to have tied them only to read either one or both of these, no doubt hut they would have been so regardful of the church, as to have composed such a prayer book, or sermon book themselves, and not left us to the uncertainties of an au thority not infallible, nor to the divisions that follow the imposi tions of a questionable power, or that which unquestionably is not universal, and therefore can procure no universal concord. If one man among you draw up a form of prayer, it is his single conception : and why a man as learned and able may not be trusted to conceive a prayer, for the use of a single congregation, without the dangers mentioned by you, as one man to conceive a prayer for all the churches in a diocese or nation, we know not. These words — that the mischief is greater than the pretended good — seem to express an unjust accusation, of ordinary conceived prayer, and a great under valuing of the benefits. If you intimate that the crimes expressed by you are ordinarily found in ministers' prayers, we that hear such, much more frequently than you, must profess we have not found it so, aUowing men their different measures of exactness; as you have even in writing. Nay, to the praise of God we must say, that multitudes of private men can ordinarily pray without any such imperfection, as should nauseate a sober person ; and with such seriousness, and apt ness of expression as is greatly to the benefit and comfort of ourselves, when we join with them : and if such general accu sations may serve in a matter of public, and common fact, there is no way for the justification of the innocent. And that it is no such common guilt, vriU seem more probable to them that consider that, such conceived prayers, both pre pared and extemporate, have been ordinarily used in the pulpits in England and Scotland, before our days tUl now ; and there hath been power enough in the bishops and others. 350 The Rejoinder of the Ministers [1661. before the wars, to punish those that speak ridiculously, sedi- tiously, impiously, or blasphemously ; and yet so few are the instances (even when jealousy was most busy) of ministers punished, or once accused of any such fault in prayer, as that we find it not easy to remember any considerable number of them : there being great numbers punished for not reading the book, for playing on the Lord's days, or for preaching too oft, and such like, for one that was ever questioned for such kind of praying. And the former showed that it was not for want of will to be severe, that they spared them as to the latter. And if it be but few that are guilty of any intoler able faults of that nature iu their prayers, we hope you wUl not go on to believe, that the mischiefs that come by the fail ings of those few are far greater than the benefit of conceived prayer by all others. We presume not to make our experi ences the measure of yours, or of other men's. You may tell us what doth most good, or hurt to yourselves, and those that have so communicated their experiences to you; hut we also may speak our own, and theirs that have discovered them to us. And we must seriously profess, that we have found far more benefit to ourselves, and to our congregations (as far as our conference, and converse with them, and our observation of the effects alloweth us to discern) by conceived prayers, than by the Common Prayer book. We find that the benefit of conceived prayer is to keep the mind in serious employ ment, and to awaken the affections, and to make us fervent, and importunate. And the inconvenience is that some weak men are apt, as in preaching and conference, so in prayer, to shew their weakness by some unapt expressions, or disorder, which is an evil no way to be compared with the fore-mentioned good, considering that it is but in the weak, and that if that weakness be so great as to require it, forms may be imposed on those few, without imposing them on all for their sakes (as we force not all to use spectacles, or crutches, because some are purblind or lame) ; and considering that God heareth not prayers, for the rhetoric, and handsome cadences, and neat ness of expressions, but will bear more with some incuriosify 1661. J to the Answer of the Bishops. 351 of words (which yet we plead not for) than with an hypo critical, formal, heartless, lip service : for he knoweth the meaning of the spirit even in the groans, which are not uttered in words. And for the Common Prayer our observa tion teUeth us, that though some can use it judiciously, seriously, and we doubt not profitably, yet as to the most of the vulgar, it occasioneth a relaxing of their attention, and intention, and a lazy taking up with a corpse, or image of devotion, even the service of the lips, while the heart is little sensible of what is said. And had we not known it we should have thought it incredible, how utterly ignorant abundance are of the sense of the words which they hear, and repeat themselves from day to day even about Christ himself, and the essentials of Christianity. It is wonderful to us to observe that rational creatures can so commonly separate the words from all the sense and life, so great a help or hinderanee even to the understanding, is the awakening or not awakening of the affections about the things of God. And we have already shewed you many unfit expressions in the Common Prayer book, especiaUy in the Epistles and Gospels, through the faultiness of your translations :— as Eph, iii, 15. "Father of aU that is caUed father in heaven and earth;" " and that Christ was found in his apparel as a man ;" "that mount Sinai is Agar in Arabia, and bordereth upon the city, now caUed Jerusalem:" Gal. iv, 25. "This is the sixth month which is caUed barren :" Luke i. " And when men be drunk :" John ii, with many such Uke, which are parts of your pubUc worship : and would you have us hence conclude, that the mischiefs of such expressions are worse, than aU the benefits of that worship ? And yet there is this difference in the cases, that weak and rash ministers were hut here and there one; but the Common Prayer is the ser vice of every church, and every day had we heard any in extemporary prayer use such unmeet expressions, we should have thought him worthy of sharp reprehension, yea though he had been of the younger or weaker sort. Divers other unfit expressions, are mentioned in the exceptions of the late arch- 353 The Rejoinder of the Ministers [1661. bishop of York, and Primate of Ireland, and others (before spoken of,) and there is much in the prejudice or diseased curiosity of some hearers to make words seem idle, imperti- nent, or ridiculous which are not so, and which perhaps they understand not. Some thought so of the inserting in the late Prayer book, the private opinion of the souls departed praying for us ; and our praying for the benefit of their prayers. As for the security which you call for (though as is shewed,) you have given us none at all against such errors in your forms, yet we have before shewed you, that you have as much as among imperfect men can be expected ; the same that you have that physicians shaU not murder men, and that lawyers and judges shall not undo men, and that your pilot shaU not cast away the ship. You have the power in your hands of taking or refusing as they please or displease you, and of judging them by a known law for their proved miscarriages, according to the quality of them : and what would you have more? Prop, 7, § 5, Ans. To prevent which mischiefthe former ages knew no better way than to forbid any prayers in pubhc, but such as were prescribed by public authority. Con, Carthag, Can. 106, MUev, Can, 13, Reply. To what you allege out of two councUs, we answer, I, The acts of more venerable councils are not now at aU observed (as Nicsen 1, Can. ult., &c.,) nor many of these same which you cite, 3. The Scripture, and the constant practice of the more ancient church allowed what they forbid. 3. Even these canons shew that then the churches thought not our liturgy to be necessary to their concord, nor indeed had then any such form imposed on all, or many churches to that end. For the Can. of Counc. Carth., (we suppose you meant Council 3. Can, 33.) mentioneth prayers even at the altar, and aUoweth any man to describe and use his own prayers, so he do but first cum instructioribus fratribus eas conferre, take advice about them with the abler brethren. If there had been a stated form before imposed on the churches, what room could there be for this course? And even this 1661.] to the Answer of the Bishops. 253 much seems but a caution, made newly upon some late abuse of prayer. The same we may say de Concil, Milevit Can. 12, If they were but a prudentioribus tractata, vel comprobata in Synodo, new prayers might by any man at any time be brought in, which sheweth they had no such stated public liturgy as is now pleaded for. And even this seemeth occa sioned by Pelagianism ; which by this caution they would keep out. We hope your omission of our 8th desire (for the use of the new translation) intimateth your grant that it shall be so. But we marvel then that we find, among your conces sions, the alteration of no part but the Epistles and Gospels, Prop. 9. Ans. As they would have no saints' days observed by the church, so no apocryphal chapter read in the church, but upon such a reason, as would exclude all sermons, as well as apocrypha, viz., because the holy Scriptures contain in them aU things necessary either in doctrine to be believed, or in duty to be practised. If so, why so many unnecessary ser mons ? Why any more but reading of Scriptures ? If not withstanding their suflciency, sermons he necessary, there is no reason why these apocryphal chapters should not be as useful, most of them containing exceUent discourses, and rules of moralify. It is heartily to be wished that sermons were as good. If their fear be that by this means those books may come to he of equal esteem with the canon, they may be secured against that hy the title which the church hath put upon them, caUing them apocryphal : and it is the church's testimony which teaches us this difference; and to leave them out, were to cross the practice of the church in former ages. Reply. We hoped when our desfres were deUvered in writing they would have been better observed and under stood. We asked not that no apocryphal chapter may be read in the church, but that none may be read as lessons; for so the chapters of holy Scripture there read, are caUed in the book; and to read them in the same place under the same title, without any sufficient note of distinction, or notice given to the people that they are not canonical Scripture, 254 The Rejoinder of the Ministers [1661. (they being also bound with our Bibles) is such a temptation to the vulgar to take them for God's word, as doth much prevail, and is like to do so still. And when papists second it with their confident affirmations, that the apocryphal books are canonical, well refelled by one of you, the Rt. Reverend Bishop of Durham, we should not needlessly help on their success. If you cite the apocrypha as you do other human writings, or read them as homilies, (when and where there is reason to read such) we speak not against it. To say that the people are secured by the church's caUing them apocrypha, is of no force till experience be proved to be disregard able ; and till you have proved that the minister is to teU the people at the reading of every such chapter that it is but apocryphal; and that the people all understand Greek so well as to know what apocrypha signifieth. The more sacred and honourable are these dictates of the Holy Ghost recorded in Scripture, the greater is the sin, by reading the apocrypha without sufficient distinction, to make the people believe that the writings of man are the revelation and laws of God. And also we speak against the reading of the apocrypha, as it excludeth much of the canonical Scriptures, and taketh in such books in their stead, as are commonly reputed fabulous. By this much you may see how you lost your answer by mistaking us, and how much you wUl sin against God, and the church, by denying our desire. Prop. 10. Ans. That the minister should not read the commu nion service at the communion table, is not reasonable to demand, since all the primitive church used it, and if we do no* observe that golden rule, of the venerable CouncU of Nicsea, let ancient customs prevail, tUl reason plainly requires the contrary, we shall give offence to sober Christians by a causeless departure from cathoUc usage, and a greater advan tage to enemies of our church, than our brethren, I hope, would wUlingly grant. The priest standing at the commu nion table seemeth to give us an invitation to the holy sacrament, and minds us of our duty, viz., to receive the holy communion, some at least every Sunday; and though we 1.661.] to the Answer of the Bishops. 255 neglect our duty, it is fit the church should keep her standing. Reply. We doubt not but one place in itself is as lawful as another, but when you make such differences as have mis leading intimations, we desire it may be forborne. That all the primitive church used, when there was no communion in the sacrament, to say service at the communion table, is a crude assertion, that must have better proof before we take it for convincing ; and it is not probable, because they had a communion every Lord's day. And if this be not your meaning, you say nothing to the purpose. To prove that they used it when there was a communion, is no proof that they used it when there was none. And you yourselves disuse many things more universally practised than this can at all be fairly pretended to have been. The Council of Nicsea gives no such golden rule as you mention. A rule is a general appliable to particular cases, the council only speaks of one particular ; — " let the ancient custom continue in Egypt, Lybia, and Pentapolis, that the Bishop of Alexandria have the power of them aU." The council here confirmeth this particular custom, but doth not determine in general of the authority of custom. That this should be called a catholic usage shews us how partially the word (cathoUc) is some times taken. And that this much cannot be granted us, lest we advantage the enemies of the church, doth make us wonder whom you take for its enemies, and what is that advantage which this wiU give them. But we thank you that here we find ourselves called brethren, when before we are not so much as spoken to, but your speech is directed to some other (we know not whom) concerning us. Your reason is that which is our reason to the contrary. You say the priest standing at the communion table seems to give us an invitation to the holy communion, &c. What, when there is no sacrament by himseK or us intended ; no warning of any given ; no bread and wine prepared ? Be not deceived, God is not mocked. Therefore we desire that there may be no such service at the table when no communion is intended. 356 The Rejoinder of the Ministers [1661, because we would not have such gross dissimulation used in so holy things, as thereby to seem (as you say) to invite guests when the feast is not prepared, and if they came we would turn them empty away. Indeed if it were to be a private mass, and the priest were to receive alone for want of company, and it were really desired that the people should come, it were another matter. Moreover there is no rubric re quiring this service at the table [when there is no communion.] Prop. 11. Ans. It is not reasonable that the word minister should be only used in the liturgy. For since some parts of the liturgy may be performed by a deacon, others bynone under the order of a priest, viz., absolution, consecration, it is fit that some such word as priest, should be used for those offices, and not mimster, which signifies at large everyone that ministers in that holy office, of what order soever he be; the word curate signifying properly all those who are trusted by the bishops with cure of souls, as anciently it signified, is a very fit word to be used, and can offend no sober person. The word Sunday is ancient. Just, Mart., Ap. 3, and therefore not to he left off. Reply. The word minister may well be used instead of priest and curates, though the word deacon, for necessary dis tinction, stand ; yet we doubt not but priest, as it is but the English of presbyter, is lawful. But it is from the common dan ger of mistake [and abuse] that we argue. That all pastors else are but the bishops' curates, is a doctrine that declares the heavy charge and account of the bishops, and tends much to the ease of the presbyters' minds, if it could be proved ; if by curates you mean such as have not, directly by divine obUga- tion, the cure of souls, but only by the bishop's delegation. But if the office of a presbyter be not of divine right, and so if they be not the curates of Christ, and pastors of the church, none are. And for the ancient use of it, we find not that it was so from the beginning. And as there is difference between the ancient bishops of one single church and a diocesan that hath many hundred, so is there between theur curates. But why wUl you not yield so much as to change 1661.] to the Answer of the Bishops. 357 the word Sunday into the Lord's day, when you know that the latter is the name used by the Holy Ghost in Scripture, and commonly by the ancient writers of the church, and more becoming Christians. Justin Martyr, speaking to infidels, tells how they caUed the day, and not how Christians called it. AU he saith is, that on Sunday, that is so called by heathens, the Christians hold thefr meetings. See the usage of the church in this pomt in August, cont. Faustum Manichseum, lib. 18, cap. 5. Prop, 13. Ans. Singing of psalms in metre is no part of the liturgy, and so no part of our commission. Reply. If the word liturgy signify the pubUc worship, God forbid we should exclude the singing of psalms; and sure you have no fitter way of singing than in metre. When these, and all prayers conceived by private men (as you call the pastors), whether prepared or extemporate (and, by parity of reason, preaching), are cast out, what will your liturgy be? We hope you make no question whether singing psalms and hymns were part of the primitive liturgy i and seeing they are set forth and aUowed tb be sung in all churches, of all the people together, why should they be denied to be part of the liturgy. We understand not the reason of this. Prop. 13 and 14 we suppose you gra&t, by passing them by. Prop. 15. Ans. [The phrase is such, &c,] The church in her prayers useth no more offensive phrase than St, Paul uses, when he writes to the Corinthians, Galatians, and others, caUing them in general the Churches of God, sanctified in Christ Jesus, by vocation saints ; amongst whom, notwithstanding, there were many who by their known sins (which the apostle endeavoured to amend in them) were Dot properly such, yet he gives the denomination to the whole, from the greater part to whom in charity it was due ; and puts the rest in mind what they have by their baptism mrdertaken tb be, and what they profess themselves to be ; and our prayers, and the phrase of them, surely supposes no more thaii that they are saints by caUing, sanctified in Christ Jesus, by their baptism admitted into s 358 Rejoinder of the Ministers [1661, Christ's congregation, and so to be reckoned members of that society, tiU either they shall separate themselves by wilful schism, or be separated by legal excommunication, which they seem earnestly to desire, and so do we. Reply. But is there not a very great difference between the titles given to the whole church (as you say, from the greater part, as the truth is from the better part, though it were the less), and the titles given to individual members, where there is no such reason ? We caU the field a corn-field, though there be much tares in it, because of the better part, which denominateth ; but we wUl not call every one of these tares by the name of corn. When we speak of the church, we will caU it holy, as Paul doth ; but when we speak to Simon Magnus, we will not caU him holy, but say, " Thou art in the gall of bitterness, and the bond of iniquity, and hast no part or lot in the matter," &c. W^e will not persuade the people that every notorious drtmkard, fornicator, worldling, &c., that is buried is a brother, of whose resurrection to life eternal we have sure and certain hope, and all because you will not excommunicate them. We are glad to hear of your desire of such discipline ; but when shall we see more than desire, and the edge of it be turned from those that fear sinning, to those that fear it not ? Prop. 16. § 1. Ans. The connection of the parts of our liturgy is conformable to the example of the churches of God before us, and has as much dependence as is usually to be seen in many petitions of the same Psalm; and we conceive the order and method to be excellent, and must do so, till they tell us what that order is which prayers ought to have, which is not done here. Reply. There are two rules of prayer ; one is the nature of the things, compared (in matter and order) with nature and necessity ; the other is the revealed will of God in his Word ; in general, the holy Scripture, more especially the Lord's prayer. The liturgy (for the greatest part of the prayers for daily use) is confused, by which soever of those you measure it. You seem much to honour the Lord's prayer, by your 1661,] to the Answer (f the Bishops. 359 frequent use of it (or part of it) ; we beseech you dishonour it not practically by denying it for matter and order to be the only ordinary and perfect rule we know about particular ad ministrations ; where it is but certain select requests that we are to put up, suited to the particular subject and occasion, we can not foUow the whole method of the Lord's prayer, which containeth the heads of aU the parts; where we are not to take in all the parts, we cannot take them in that order. But that none of aU your prayers should be formed to that perfect rule, that your litany, which is the comprehensive prayer, and that the body of your daily prayers (broken into several coUects) should not (as set together) have any con siderable respect unto that order, nor yet to the order which reason and the nature of the thing requireth, which is observed in all things else, and yet that you should so admire this, and be so tenacious of that which, in conceived prayer, you would call by worse names than confusions — this shows us the wonderful power of prejudice. We are thus brief in this exception, lest we should offend by instances. But seeing you conceive the order and method to be excellent, and to be willing to hear more, as to this and the following exception, we shall, when you desire it, annex a catalogue of defects and disorders, which we before forbore to give you. The Psalms have ordinarily an observable method. If you find any whose parts you cannot so well set together, as to see the beauty of method, will you turn your eye from the rest, and from the Lord's prayer, and choose that one to be your prece dent, or excuse disorder on that pretence ? Prop. 16 § 3. Ans. The collects are made short as being best for devotion, as we observed before, and cannot be accounted faulty for being like those short but prevalent prayers in Scripture — " Lord, be merciful to me a sinner." " Son of David, have mercy on us." " Lord, increase our faith." Reply. We do, in common speech, call that a prayer which containeth all the substance of what in that business and address we have to say unto God, and that a petition which containeth one single request ; usually, a prayer hath many s 3 3tO Rejoinder of the Ministers [1661. petitions. Now if you intend in your address to God, to do no more than speak a transient request or ejaculation (which we may do in the midst of other business), then, in deed, your instances are pertinent. But why then do you not give over when you seem to have done, but Come again and again, and offer as many prayers, almost, as petitions ? This is to make the prayers short (as a sermon is that is cut into single sentences, every sentence having an exordium and epUogue as a sermon) ; but it is to make the prayers much longer than is needful or suitable to the matter. Do you find this the way of the saints in Scripture ? Indeed, Abra ham did so, when God's interlocution answering the first prayer, called him to vary his request. (Gen. xviii.) But that's not our case. The Psalms and Prayers of Darid, Solomon, Hezekiah, Asa, Ezra, Nehemiah, Daniel, and the other prophets, of Christ himself (John xvii), are usually one continued speech, and- not like yours, as we said before. Prop. 17. ^Z. Ans. Why the repeated mention of the name and attributes of God should not be more pleasing to any godly person we cannot imagine ; or what burden it should seem, when David magnified one attribute of God's mercy twenty- six times together, (Psa. cxxxvi.) Nor can we conceive why the name and merits of Jesus, with which aU our prayers should end, should not be as sweet to us as to former saints and martyrs, with which here they complain our prayers do so frequently end : since the attributes of God are the ground of our hope of obtaining all our petitions, such prefaces of prayers as are taken from them, though they have no special respect to the petitions following, are not to be termed un suitable or said to have fallen rather casually than orderly. Reply. As we took it to be no controversy between us, whether the mention of God's name is deservedly sweet to all his servants ; so we thought it was none, that this reve rend name is reverently to be used, and not too lightly, and therefore not with a causeless frequency tossed in men's mouths even in prayer itself; aud that tautologies and vain 1661.] to the AnsuKr of the Bishops. 361 repetitions are not the better but the worse, because God's name is made the matter of them. Is it not you that have expressed your offence (as well as we) against those weak ministers that repeat, too frequently, the name and attributes of God in their extemporate prayers ? And is it ill in them, and is the same, and much more, well in the Common Prayer ? O have not, the faith or worship of our glorious God in respect of persons. Let not that be called ridiculous, idle, impertinent, or worse in one which is accounted commend able in others. Do you think it were not a faulty crossing of the mind and method of Jesus Christ, if you should make six prayers of the six petitions of the Lord's prayer, and set the preface and conclusion unto each, as. Our Father, which art in heaven, hallowed be thy name, for thine is the kingdom, &c., and so over aU the rest ? Yet we know that the same words may be oft repeated (as David doth God's enduring mercy,) without such tautological vanity, when it is not from emptiness, or neglect of order, or affectation ; but in psalms or hymns, where affections are to be elevated by such figurative elegancies and strains as are best beseeming poetry or rapture, we are not against such repetitions. But if we may (according to the Common Prayer book) begin and end, and begin and seem to withdraw again, and make a prayer of every petition or two, and begin and end every such petition with God's name and Christ's merits, as making up half the form or near, nothing is an affected empty tossing of God's name in prayer if this be not. We are persuaded, if you should hear a man in a known extem porate prayer do thus, it would seem strange and harsh even to yourselves. Prop. 17. § 1. Ans, There are, besides a preparative exhorta tion, several preparatory prayers,— "Despise not, O Lord, humble and contrite hearts," — which is one of the sentences in the preface; and this— " that those things may please him which we do at this present"— at the end of the absolu tion : and again, immediately after the Lord's prayer, before the psalmody, — " 0 Lord open thou our Ups," &c. '262 Rejoinder of the Ministers [1661. Reply. " Despise not, O Lord, humble and contrite hearts," is not a prayer, for assistance and acceptance in that worship, suited to the duty of a people addressing themselves to God, but it is recited as a scripture invitation to repentance; and " that those things may please him which we do at this present " are no words of prayer, but part of an exhortation to the people ; and " O Lord open thou our lips " comes after the exhortation, confession, absolution, and Lord's prayer, and ergo is not in the place of such an address as we are speaking of. What will not serve to justify that which we have a mind to justify ; and to condemn that which we have a mind to condemn? Prop. 17. § 2. Ans. This which they call a defect, others think they have reason to account the perfection of the liturgy, the offices of which -being intended for common and general services, would cease to be such, by descending to particulars ; as in confession of sin, while it is general, aU persons may and must join in it, since in many things we offend all ; but if there be a particular enumeration of sins, it cannot be so general a confession, because it may happen that some or other may by God's grace have been preserved from some of those sins enumerated, and therefore should by confessing themselves guUty, tell God a lie, which needs a new con fession. Reply. If general words be its perfection, it is very culpable in tediousness and vain repetitions ; for what need you more than, " Lord, be merciful to us sinners"? There is together a general confession of sin, and a general prayer for mercy, which comprehend all the particulars of the people's sins and wants. We gave you our reason, which you answer not; confession is the exercise of repentance, and also the helper of it; and it is no true repentance which is not particular, but only general. If you say that you repent that you have sinned, and know not wherein, or do not repent of any par ticular sin, you do not indeed repent, for sin is not existent but in the individuals. And if you ask for grace, and know not what grace, or desire no particular graces; indeed you 1661.] to the Answer of the Bishops. 263 desire not grace at aU. We know there is time and use for general confessions aud requests; but stUl as implying par- ticulars, as having gone before, or foUowing ; or at least it must be supposed that the people understand the particulars included, and have inward confessions and' desires of them : which cannot here be supposed, when they are not at aU men tioned, nor can the people generally be supposed to have such quick and comprehensive minds; nor is there leisure to exercise such particular repentance or desire, while a general is named. And we beseech you let Scripture be judge, whether the confessions and prayers of the servants of God have not been particular. As to your objection or reason, we answer: 1. There are general prayers with the particular, or without them, 2. There are particular confessions and prayers proper to some few Christians, and there are others common to aU ; it is these that we expect, and not the former. 3. The church's prayers must be suited to the body of the assembly, though perhaps some one, or few may be in a state not fit for such expressions. What a lamentable liturgy will you have, if you have nothing in it, but what every one in the congregation may say as true of and suitable to them selves 1 Then you must leave out all thanksgiving for our justification and forgiveness of sins, and adoption, and title to glory, &c., because many in the assembly are hypocrites, and have no such mercies, and many more that are sincere, are mistaken in their own condition, and know not that they have the mercies which they have, and therefore dare not give thanks for them, lest they speak an untruth. Then the liturgy that now speaks as in the persons of the sanctified must be changed, that the two fore-mentioned sorts (or the latter at least), may consent ; and when you have done, it will be unsuitable to those that are in a better state, and haye the knowledge of their justification. This is the argument which the sectaries used against singing of David's Psalms in the congregations, because there is much in them that many cannot truly say of themselves. But the church must not go out of that way of worship prescribed by God, and suited to 264 Rejoinder of the Ministers [1661. the state of the ordinary sort of the spiritual worshippers, because of the distempers, or the super-eminent excellencies of some few. It were easy to go over David's Psalms, and your own liturgy, and shew you very much that by this argument must be cast out ; he that finds any passage un suitable to himself, is not to speak it of himself. Prop, 17. §3. Ans. As for original sin, though we think it an evil custom springing froin false doctrine, to use any such ex pressions as m£^y lead people to think that to the persons baptized (in whose persons only our prayers are offered up), original sin is not forgiven in their holy baptism; yet for that there remains in the regenerate some relics of that which are to be bewailed, the church in her confession acknowledgeth such desires of our own hearts as reader us miserable by following them : — that there is no health in us ; that without God's help our frailty cannot but fall : that our mortal nature can do no good thing without him ; which is a clear acknowledgment of original sin. Reply 1 . He that hath his original sin forgiven him, may well confess that he was born in iniquity and conceived in sin, and was by nature a child of wrath, and that by one man sin entered into the world, and that judgment came on all men to condemnation, &c. The pardoned may confess what once they were, and from what rock they were hewn ; even actual sins must be confessed, after they are forgiven, unless the antinomians hold the truth against us in such points? 2. All is not false doctrine that crosseth men's private opinions, which you seem here to obtrude upon us. We know that the papists, and perhaps some others, hold that aU the bap tized are delivered from the guilt of original sin. But, as they are in the dark, and disagreed in the explication of it, so we have more reason to incline to either of the ordinary opinions of the protestants, than to this of theirs. 3. Some learned protestants hold that visibly all the baptized are church members, pardoned, and justified, which is but that they are probably justified indeed, and are to be used by the church, upon a judgment of charity, as those that are really 1661.] to the Answer of the Bishops. 265 justified, but that we have indeed no certainty that they are so ; God keeping that as a secret to himself concerning individuals, tUl by actual faith and repentance it be manifest to themselves. Another opinion of many protestants is, that aU persons that are children of the promise, or that have the conditions of pardon and justification in the covenant men tioned, are to receive that pardon by baptism : and all such are pardoned, and certainly in a state of justification and salvation thereupon ; and that the promise of pardon is made to the faithful and to their, seed ; and therefore that all the faithful and their seed in infancy have this pardon given them by the promise, and solemnly delivered them, and sealed to them by baptism, which investeth them in the benefits of the covenant. But, withaU that, first, the professed infidel and his seed, as such, are not the children of the promise, and therefore if the parent ludicrously or forcedly, or the child by error be baptized, they have not thereby the pardon of their sin before God. 2. That the hypocrite that is not a true believer at the heart, though he profess it, hath no pardon by baptism before God, as being not an heir of the promise, nor yet any infant of his as such : but though such are not pardoned, the church that judgeth by profession, taking professors for believers, must accordingly use them and their seed. 3. But though the church judge thus chari tably of each professor in particular, tiU his hypocrisy be detected, yet doth it understand that hypocrites there are and stiU wUl be in the church, though we know them not by name ; and that, therefore, there are many externally bap tized and in communion that never had the pardon of sin, indeed, before God, as not having the condition of the promise of pardon : such as Simon Magus was. We have less reason to take this doctrine for false, than that which pronounceth certain pardon and salvation to aU baptized infants whatso ever. And were we of their judgment, we should think it the most charitable act in the world to take the infants of heathens and baptize them. And if any should then dis- 266 Rejoinder of the Ministers [1661, patch them all to prevent their lapse, they were all certainly saved. We hope by " some relics " you mean that which is truly and properly sin. For our parts we believe according to the ninth article, that original sin standeth in the cor ruption of the nature of every man, whereby man is far gone from original righteousness, and inclined to evU; and that this infection of nature doth remain in the regenerate. And though there is no condemnation for them that believe and are baptized, yet concupiscence and lust hath of itseU the nature of sin. You say, the church acknowledgeth such desires, &c. Devices and desires are actual sins, and not original, which consisteth in privation and corrupt inclination. The next words — "there is no health in us," it seems the translators that put it into the Uturgy misunderstood; but however you seem here plainly by your misinterpretation to misunderstand it. Nulla salus in nobis is spoken actively and not possessively or passively; the plain sense is, that there is no help, deliverance, and salvation in ourselves; we cannot help ourselves out of this misery, but must have a better Saviour; as Christ is oft called our salvation, so we are denied to be our own : so that yet here is no confession at all of original sin, but of the effects. The two next sentences confess a debility and privation, but not that it was ab origine, but may for anything that is there said be taken to be since contracted. Nor are the words in this confession, but in some other collects elsewhere, which proves not that this confession saith anything of original sin. Prop. 17. § 4, Ans. We know not what public prayers are wantin g, nor do they tell us ; the usual complaint hath been that there were too many. Neither do we conceive any want of pubhc thanksgivings ; there being in the liturgy, Te Deum, Benedic tus, Magnificat, Benedicite, "Glory be to God on high," "Therefore with angels and archangels," the Doxology, " Glory be to the Father," &c., aU peculiar, as they require, to gospel worship, and fit to express our thanks and honour to God upon every particular occasion ; and occasional thanks- 1661. J to the Answer of the Bishops. 267 givings after the litany, of the frequency whereof then- selves elsewhere complain, who here complain of defect. If there be any forms wanting, the church will provide. Reply. We have shewn you, in the forms which we offered you, what we judge wantmg; the Right Reverend Bishop of Exeter hath taken notice of the same want, and proposed a supply. Those you name are either but general sentences, or extend but to some few particulars, as being suited to the persons and particular occasions of them, and none, save the Te Deum, designed to be the distinct praise of the church for the benefits of redemption, as the suitable and sufficient per formance of this great part of the liturgy. However, it wUl do you no harm that your brethren be gratified with fuller expressions and variety. They that have complained of too many (because you shred your petitions into almost as many prayers, and so the thanksgivings into such briefs), yet com plained not of too much; but that too many (by the multitudes of prefaces and epilogues) was the cause of too little. Prop. 17. § 5. Ans. They complain that the liturgy contains too many generals, without mention of the particulars, and the instances are such petitions as these — "That we may do God's wiU ; " " To be kept from all evU ; " almost the very terms of the petitions of the Lord's prayer; so that they must reform that, before they can pretend to mend our liturgy in these petitions. Reply. We complain not that there are generals, but that there is nothing but generals in so great a part of your prayers, and therefore they are very defective. And if really these generals suffice you, a few lines may serve instead of your whole book. Instead of all your confessions, it may serve to say, that we have greatly sinned, and no more. In stead of all your litany or deprecations, it is enough to say, " Deliver us from all evU." Instead of all your petitions for grace, peace, rain, fair weather, health, &c., it is enough to say. Give us the good we want. Indeed, the Lord's Prayer hath general requests, because it is the design of it to be the 268 Rejoinder of the Ministers [1661. rule of prayer, and so contains but the heads to which all prayers are to be reduced. But if, therefore, you wfll have no more partictUars, why do you use any prayer but the Lord's prayer? We hope you do not think to supply any defects pretended to be found in its generals, nor to correct the order of i^. If it be but because you would not, on every particular occasion, be so long as to say the whole, you may take that head which suiteth that occasion ; and so, ^' Give us this day our daily bread," may serve instead of aU the coUects for temporal supplies; and all your offices may be blotted out, and one of the petitions of the Lord's prayer placed in the stead of each of them. Prop. 17. § 6. Ans. We have deferred this to the proper place, as you might have done. Reply. It was the proper place under the head of defective ness, to instance in this as well as other defects. Prop. 18. § 1. Ans. We are now come to the main and principal demand, as is pretended, viz., the abolishing the laws which impose any ceremonies, especially three — the sur plice, the sign of the cross, and kneeling ; these are the yoke, which if removed, there might be peace. It is to be suspected, and there is reason for it, from their own words, that some what else pinches, and that if these ceremonies were laid aside, and these, or any other prayers, strictly enjoined with out them, it would be deemed a burden intolerable. It seems so, by No. 7, where they desire that when the liturgy is altered, according to the rest of their proposals, the minister may have liberty to add and to leave out what he pleases ; yet because the imposition of these ceremonies is pretended to be the insupportable grievance, we must of necessity either yield that demand, or shew reason why we do not ; and that we may proceed the better in this undertaking, we shaU reduce the sum of their complaint to these several heads, as we find them in their papers. The law for imposing these ceremonies they would have abrogated for these reasons. Reply. To what you object (to intimate your suspicion of us) from No. 7, we have before answered. We must confess. 1661. J to the Answer of the Bishops. 269 the abatement of ceremonies, with the exclusion of all pray ers and exhortations, besides what is read, will not satisfy us. The liberty which we desired in all the parts of worship, not to add to the liturgy,nor take from it; but to interpose upon just occasion, such words of prayer or exhortation, as are reqiusite, and not to be tied at every time to read the whole, we are assured will do much to preserve the liturgy, and bring it into more profitable use, and take off much of men's offence. And pardon us whUe we tell you this certain truth, that if once it be known that you have a design to work out aU prayei's (even those of the pulpit) except such as you pre scribe, it wiU make many thousand people, fearing God, to be averse to that which else they would have submitted to, and to distaste both your endeavours and ours; as if we were about drawing them into so great a snare. And, as the pro verb is, you may as well think to make a coat for the moon, as to make a liturgy that shaU be sufficiently suited to the variety of places, times, subjects, accidents, without the liberty of intermixing such prayers or exhortations as altera tions and diversities require. Prop. 18. § 3. Ans. 1st, It is doubtful whether God hath given power to men to impose such signified signs, which though they caU them significant, yet have in them no real goodness, in the judgment of the imposers themselves, being called by them things indifferent, and therefbre faU not under St. Paul's rule of omnia decenter, nor are suitable to the sim^ plicity of gospel worship. Prop. 18. § 2. Ans. 2ndly. Because it is a violation of the royalty of Christy and an impeachment of his laws as insuf ficient; and so those that are under the law of Deut. xn. Whatsoever I command you, observe to do, you shaU take nothing from it, nor add anything to it; you do not observe these, -See Hooker, Bk. Hi, § 4. Prop. 18. § 2. Ans. 3rdfy, Because sundry learned, pious, and orthodox men have, ever since the reformation, judged them unwarrantable, and we ought to be, as our Lord was, tender of weak brethren, not to offend his Uttle ones, nor to 370 Rejoinder of the Ministers [1661. lay a stumbling block before a weak brother. See Hooker, Bk. iv,^l. Prop. 18. § 3. Ans. 4thly. Because these ceremonies have been the fountain of many evils in this church and nation, occasioning sad divisions betwixt minister and minister; be twixt minister and people exposing many orthodox preachers to the displeasure of rulers ; and no other fruits than these can be looked for from the retaining these ceremonies. Reply. We had rather you had taken our reasons as we laid them down, than to have so altered them ; ergo having told you that some hold them unlawful, and others incon venient. Sec, and desired that they may not be imposed on such, who judge such impositions a violation of the royalty of Christ, &c., you seem to take this as our own sense, and that of all the ceremonies, of which we there made no men tion. You refer us to Hooker; since whose writings, Ames in his Fresh Suit, and Bradshaw, and Parker, and many others have written that against the ceremonies, that never was answered, that we know of, but deserves your consideration. Prop. IJ. § 3, Ans. Before we give particular answer to these several reasons, it will not be unnecessary to lay down some certain general premises, or rules, which wiU be useful in our whole discourse. 1. That God hath not given a power only, but a command also of imposing whatsoever should be truly decent, and becoming his public service, 1 Cor. xiv. After St. Paul had ordered some particular rules for praying, praising, prophesying, &c., he concludes with this general canon, let aU things be done iua-x/li^ovug in a fit scheme, habit, or fashion, decently, and that there may be uniformity in those decent performances, let there be a ralig, rule, or canon for that purpose. Reply. As to your first rule we answer. 1. It is one thing to impose in general, that all be done decently and in order; this God himself hath imposed by his apostle : and it is another thing to impose in particular, that this or that be used, as decent and orderly. Concerning this we add, it is in the text said let it be done, but not let it be imposed; yet 1661.] to the Answer of the Bishops. 271 from other Scriptures we doubt not but circumstances of mere decency and order, as determined time, place, utensUs, &c., which are common to thmgs civil, and sacred, though not the symboUcal ceremonies, which afterwards we confute, may be imposed with the necessary cautions and limitations after ward laid down. But 1. that if any usurpers wUl pretend a power from Christ, to impose such things on the church though the things be lawful, we must take heed how we acknowledge a usurped power by formal obedience. 2. A just power may impose them but to just ends, as the preser vation and success of the modified worship or ordinances. And if they really conduce not to those ends, they sin in im posing them. 3. Yet the subjects are bound to obey a true authority in such impositions, where the matter belongs to the cognizance and office of the ruler, and where the mistake is not so great as to bring greater mischiefs to the church than the suspending of our active obedience would do. 4. But if these things be determined under pretence of order and decency, to the plain destruction of the ordinances modified, and of the intended end, they cease to be means; and we must not use them. 5. Or if under the names of things decent, and of order, men wiU meddle with things that belong not to their office, as to institute a new worship for God, new sacraments, or anything forbidden in the general prohibition of adding or diminishing, this is a usurpation, and not an act of authority; and we are bound in obedience to God to disobey them. 6. Where governors may com mand at set times, and by proportionable penalties enforce, if they command when it wiU destroy the end, or enforce by such penalties as destroy or cross it, they greatly sin, by such commands. Thus we have more distinctly given you our sense, about the matter of your first rule. Prop. 18. § 4. Ans, Rule 2. Not inferiors but superiors must judge what is convenient and decent; they who must order that all be done decently, must, of necessity, first judge what is convenient and decent to be ordered. Reply. Your second rule, also, is too crudely deUvered, and, therefore, we must add:— 1, A judgment is a sentence, in 273 Rejoinder of the Ministers. [I66I, order to some execution, and judgments are specified from the ends to which they are such means. When the question is either, — what law shall be made ? — or, what penalty shaU be exercised? — the magistrate is the only judge and not the bishop or other subject. In the first he exercises his judicium discretionis in order to a public act; in the second, he exerciseth a public judgment. When the question is, — what order pro tempore is fittest, in circumstantials, for this present congregation ? the proper presbyters, or pastors, of that con gregation are the directive judges by God's appointment. 3. The magistrate is ruler of these pastors, as he is of physicians, philosophers, and other subjects. He may make them such general rules, especially for restraint, to go by, as may not destroy the exercise of their own pastoral power: as he may forbid a physician to use some dangerbus medicine on his subjects, and may punish him when he wUfuUy killeth any of them; but may not, on that pretence, appoint him what, and how, and when, and to whom he shall administer, and so become physician himself alone. 4. When the question is, ^- who shall be excluded from the communion of a particular church? — the pastors of the church (or Congre gation) are the first proper judges. 5. When the question is, — who shall be excluded from (or received into) the communion of all the associated churches, of which we are naturaUy capable of communion? — the associated pastors or bishops of these churches, in synods, are judges : beyond this there are no judges. 6. When the question is, — whether the laws of magistrates, or canons of bishops, are agreeable or not to the Word of God, and so the obedience is lawful or unlawful? — the conscience of each individual subject is the judge, per judicium discretionis, as to his own practice ; and if men had not this judgment of discerning, but must act upon absolute implicit obedience, then first, man were ruled as unreasonable ; secondly, the magistrates were made a God, or such a levia than as Hobbes describeth him; thirdly, and then all sin might lawfully be committed, if commanded. But we are assured none of this is your sense. Prop. 18, § 5, Ans. Rule 3. These rules and canons, for 1661.] to the Answer of the Bishops. 373 decency made and urged by superiors, are to be obeyed by in feriors, tUl it he made as clear that now they are not bound to obey, as it is evident in general, that they ought to obey supe riors ; for if the exemption from obedience be not as evident as the command to obey, it must needs be sin not to obey. Reply. To your thurd rule we add; it is first considerable what the thing is and then how it is apprehended. If it be really lawful, and well commanded, and to be obeyed, it is no ignorance, doubt, or error of the subject that can exempt him from the duty of obeying ; but it may ensnare him in a certainty of sinning, whether he obey or disobey ; for as God commandeth him to obey, and also not to do that which man commandeth, when God forbiddeth it, so he obligeth the erroneous, first to lay down his errors, and so to obey. But if a thing be forbidden of God, and commanded of men, and one man erroneously thinks it lawful and that he should obey, and another is in doubt between both, it is neither a duty nor lawful for either of them here to obey. For man's error changeth not God's law nor disobligeth himself from obedience; but this man's duty is both to lay by that error and to refuse obedience. But if the question be only of the order of such a person's duty, we answer : — If the thing be really lawful, and obedience a duty, then he that doubteth or erreth should, if possible, suddenly lay by his errors or doubt, and so obey; but if that cannot be, he should first go about the fittest means for his better information tUl he be re solved, and so obey. And so, on the contrary, if reaUy the thing commanded be unlawful, if he be sure of it, he must resolve against it; if he hesitate, he is not, therefore, aUowed to do a thing forbidden, because he is ignorant, for his ignorance is supposed culpable itself; but he is first to consult and use the best means for his instruction tiU he know the truth, and in the meantime to suspend his act. But yet because of human fraUty, between several faults, we must consider, when we cannot avoid aU as we would, in what order most safely to watch, and to avoid them. And so when I have done my best, and cannot discern whether a command 374 Rejoinder of the Ministers [1661, be just and the thing lawful or not ; if it have the face of idolatry, blasphemy, or some heinous sin, that is com manded ; aud our disobedience have the appearance but of an effect of involuntary ignorance ; it is more excusable in us to fear the greater sin and so to suspend till we are better satisfied, than to do that which we suspect to be so heinous a sin, though, indeed, it prove no sin : so, on the contrary, if our disobedience be like to bring infamy or calamity on the church, and our obedience appear to be but about a very small sin, if we doubt of it, it is more excusable to obey than to disobey, though both be faulty, supposing the thing to be indeed unlawful, and we discern it not. So that your rule of obeying, where you are not as sure, &c., is an un sure rule, unless as we have fuUier cautioned it. Prop. 18. § 6. Ans. Rule 4. Pretence of conscience is no exemption from obedience, for the law as long as it is a law, certainly binds to obedience : Rom. xiU. Ye must needs he subject. And this pretence of a tender or gainsaying con science cannot abrogate the law, since it can neither take away the authority of the lawmaker, nor make the matter of the law in itself unlawful. Besides, if pretence of con science did exempt from obedience, laws were useless; whosoever had not list to obey might pretend tenderness of conscience, and be thereby set at liberty, which if once granted, anarchy and confusion must needs follow. Reply. Neither pretence of conscience, nor real error of conscience exempteth from the obligation to obey: though sometime it may so ensnare as that obeying shall become of the two the greater sin; so also real errors, or pretence of conscience, wUl justify no man for obeying when it is by God forbidden. Prop, 18, § 7. Ans. Rule 5, Though charity will move to pity, and relieve those that are truly perplexed or scrupu lous : yet we must not break God's command, in charity to them, and therefore we must not perform pubhc services undecently or disorderly, for the ease of tender consciences. Reply. O that you would but do all that God alloweth you. 1661.] to the Answer of the Bishops. 275 yea that he hath commanded you, for these ends ! How happy would you make yourselves, and these poor affiicted churches. But as to the instance of your rule we answer :—l. When the indecency and disorder is so smaU as that it will not cross the ends, so much as our disobedience would, we are here so far more conformable, and peaceable than you, as that we would, even in God's worship, do some things inde cent and disorderly, rather than disobey: and so should you do rather than destroy your brethren, or hinder that peace, and healing of the church. For order is for the thing ordered, and not contrarUy. For example, there is much disorder lies in the Common Prayer book, yet we would obey it, as far as the ends of our calling do require. It would be indecent to come without a band, or other handsome raiment into the assembly : yet, rather than not worship God at all, we would obey if that were commanded us. We are as confident that surplices, and copes are inde cent, and kneeling at the Lord's table is disorderly, as you are of the contrary: and yet if the magistrate would be advised by us (supposing himself addicted against you), we would advise him to be more charitable to you, than you here advise him to be to us. We would have him, if your con science reqiure it, to forbear you in this indecent and dis orderly way. But to speak more distinctly : — 1, There are some things decent and orderly, when the opposite species is not indecent or disorderly, 3, There are some things indecent and disorderly, in a small and tolerable degree; and some things in a degree intolerable, 1, When things decent are commanded, whose opposites would not be at all indecent, there charity, and peace, and edification, may command a relaxation; or rather should at first restrain from too severe impositions : — as it is decent to wear either a cloak or a gown, a cassock buttoned or unbuttoned, with a girdle or without, to sit, stand, or kneel in singing of a psalm, to sit or stand in hearing the word read, or preached, &c, 3, When a circumstance is indecent or disorderly, but in a tolerable degree, to an inconvenience ; obedience, or charity, T 3 376 Rejoinder of the Ministers [1661, or edification, may commaud us to do it, and make it not only lawful, but a duty pro hie, et nunc, whUe the preponder ating accident prevaileth, Christ's instances go at least as far as this, about the priests in the temple breaking the sabbath blamelessly, and David's eating the shewbread, which was lawful for none to eat ordinarily, but the priests, and the disciples rubbing the ears of com, I wiU have mercy and not sacrifice is a lesson that he sets us to learn, when two duties come together, to prefer the greater, if we would escape sin. And sure to keep an able preacher in the church, or a private Christian in communion, is a greater duty cateris paribus than to use a ceremony which we conceive to he decent. It is more orderly to use the better translation of the Scripture, than the worse, as the Common Prayer book doth; and yet we would have no man cast out, for using the worse. It is more orderly, decent, and edifying, for the minister to read all the psalms, than for the people to read each second verse; and yet we would not cast out men from the church or ministry merely for that disorder. It is more orderly and decent to be imcovered in divine worship, than covered ; and yet rather than a man should take cold, we could allow him to hear a chapter or sermon covered: why not, much more rather than he should be cast out? But let us come to the application. It is no indecent dis orderly worshipping of God, to worship him vrithout our cross, surplice, and kneeling in the reception of the sacrament. 1. If it were, then Christ and his apostles had worshipped inde cently and disorderly ; and the primitive church that used not the surplice, nor the transient image of the cross in bap tism (but in an unguent) ; yea the church for many hundred years that received the sacrament without kneeling. 3. Then if the king, parliament, and convocation should change these ceremonies, it seems you would take yourselves bound to retain them; for you say you must not worship God indecently. But that they may be changed by authority our Articles determine, and therefore charity may well require the magistrate to change them without any wrong to the 1661.] to the Answer of the Bishops. 277 worship of God, 3, We appeal to the common judgment of the impartial, whether, in the nature of the thing, there be anything that tells them that it is indecent to pray without a surplice in the reading place, and not indecent to pray without in the pulpit; and that it is indecent to baptize without crossing, and not to receive the Lord's supper with out; and that it is indecent for the receiver to take the Lord's supper vrithout kneeling, and not for the minister to give it him standing that prayeth in the delivery. Prop, 18, § 8, Ans. These premised we answer to your first reason, — that those things which we call indifferent, because neither expressly commanded nor forbidden by God, have in them a real goodness, a fitness, and decency, and for that cause, are imposed, and may be so by the rule of St, Paul ; by which rule and many others in Scripture, a power is given to men to impose signs, which are never the worse surely, because they signify something that is decent and comely, and so it is not doubtful whether such power be given. It would rather be doubtful, whether the church could impose such idle signs, if any such there be, as signify nothing. Reply. To your first answer we reply : — 1, We suppose you speak of a moral goodness ; and if they are such indeed as are within their power, and really good, that is of their own nature fitter than their opposites, they may be imposed by just authority by equal means, though not by usurpers, nor by penalties that wiU do more harm than the things will do good, 3, Signs that signify nothing, we understand not. It is one thing to be decent, and another to signify something that is decent : what you mean by that we know not. The cross signifieth our not being ashamed to profess the faith of Christ crucified, &c., do you call that something that is decent? It is something necessary to salvation, 3, Signs are exceeding various : at present we use but two distinc tions, 1. Some are signs, ex primaria intentione instituentis, purposed, and primarily instituted to signify, as an escut cheon, or a sign at an inn door, in common matters ; and as 278 Rejoinder of the Ministers [1661, the sacrament and cross in sacred matters: and some are signs but consequently, secondarily, and not essentiaUy as intended by the- institutor ; so hills and trees may shew us what o'clock it is. And so every creature signifieth some good of mercy or duty, and may be an object of holy medita tion : so the colour and shape of our clothes may mind us of some good, which yet was none of the primary or proper end of the maker or wearer. 3. Signs are either arbitrary expressions of a man's own mind in a matter, where he is left free, or they are covenanting signs between us and God in the covenant of grace, to work grace on us as moral causes, and to engage us sacramentally to him; such we conceive the cross in baptism to be. The preface to the Common Prayer book saith, " They are apt to teach and excite, &c.," which is a moral operation of grace; and the canon saith, " it is an honourable badge, whereby the infant is dedicated to him that died on the cross; we are signed with it in token that hereafter we shall not be ashamed to confess the faith of Christ crucified, and manfully to fight, &c." Now if a thing may be commanded merely as a decent circumsta,nce of worship, yet it is unproved that a thing that in its nature as instituted, and in the primary intention, is thus sacra mentally to dedicate and engage us in covenant to God by signifying the grace and duty of the covenant, be lawfully commanded by man. 1. Decent circumstances are necessary in genere. There must be some fit time, place, gesture, vesture (as such), utensils, &c. But that there be some such dedicating, engaging signs, in our covenanting with God, signifying the grace of the covenant, and our state and duty as soldiers under Christ (besides God's sacraments) this is not necessary in genere, and therefore it is not left to man to determine de specie. 2. If there be any reason for this use of the cross, it must be such as was in the apostles' days, and concerueth the universal church in all ages and places; and then the apostles would have taken care of it. Thus much here in brief of signs ; and more anon when you again call us to it. 1661.] to the Answer of the Bishops. 279 Prbp. 18. § 9. Ans. Tb the second, that it is not a violation of Christ's royalty to make such laws for decency, but an exercise of his power and authority, which he hath given to the church, and the disobedience to such commands of superiors is plainly a violation of his royalty : as it is no violation of the king's authority, when his magistrates command things according to his laws, but disobedience to the command of those injunctions of his deputies, is violation of his authority. Again, it can be no impeachment of Christ's laws, as insuffi cient, to make such laws for decency, since our Saviour, as is evident by the precepts themselves, did not intend by them to determine every minute and circumstance of time, place, manner of performance, and the like, but only to command in general thc substance of those duties, and the right ends that should be aimed at in the performance, and then left every man in particular (whom for that purpose he made reasonable) to guide himself by rules of reason, for private services ; and appointed governors of the church to determine such particularities for the public. Thus our Lord com manded prayers, fasting, etc. : for the times and places of performance, he did not determine every of them, but left them to be guided as we have said. So that it is no impeach ment of his laws as insufficient, to make laws for determining those particulars of decency, which himself did not, as is plain by his precepts, intend to determine, but left us governors for that purpose; to whom he said, "As my Father sent me, even so send I you ;" and " Let aU things be done decently and in order :" of whom he hath said to us, " Obey those that have the oversight over you :" and told us that if we will not hear his church, we must not be accounted as Christians, but heathens and publicans. And yet nevertheless they wUl not hear it and obey it in so small a matter as a circumstance of time, place, habit, or the like, which she thinks decent and fit, and yet wiU be accounted for the best Christians, and teU us that it is the very awe of God's law (Deut. xii, 33) that keeps them from obedience to the church in these commands; not well considering that it 280 Rejoinder of the Ministers [1661. cannot be any adding to the Word of God, to command things for order and decency which the Word of God commands to be done, so as they be not commanded as God's immediate Word, but as the laws of men; but that it is undeniably adding to the Word of God to say that superiors may not command such things, which God hath nowhere forbidden, and taking from the Word of God to deny that power to men which God's Word hath given them. Reply. To make laws, to determine of undetermined cir cumstance, necessary in genere, to be some way determined and left to magistrates, or ministers de specie, and to do this according to the general rule of Scripture, and in order to the main end, and not against it, is not against the royalty or wiU of Christ; but to make new dedicating, covenanting symbols to signify the doctrine of the covenant of grace,''and solemnly engage us unto God, and place these in the public worship which are not mere circumstances, but substantial institutions, not necessary, in genere, (that there should be any such at aU, besides God's sacraments,) we fear this is a violation of the royalty of Christ, and a reflection on his laws as insufficient. For, first, if it belong to the power proper to Christ, then it is a violation of his royalty for any man to exercise it ; but it belongeth to the power proper to Christ ; ergo, &c. The minor is proved thus — If it belong to the universal head, or ruler of the church as such, then it belongs to the power proper to Christ (for we are ready to prove there is none under him, no universal head or ruler, personally, or collectively, and civUly one) ; but, &c. If, in the reason of it, it should he the matter of an universal law, if of any, then it should be the work of the universal law giver, if any ; but, &c. If, in the reason of it, it be equally useful to the church universal as to any particular church or age, then it should, according to the reason of it, be the matter of an universal law, if of any ; but, &c., it hath the same aptitude to engage us to a duty of universal necessity, and hath no reason proper to this age or place for it, but common to all. Moreover, it is nowhere committed to the 1661.] to the Answer of the Bishops. 381 power or care of man — ergo, it is proper to the care and power of Christ. No text is shewed that giveth man power in such things. To do aU things decently and orderly, and to edification, is no giving of power, on that pretence, to make new covenanting, dedicating signs: to do God's work de cently, &c., is not to make more such of our own heads ; it is but the right modifying of the work already set us. And to do aU decently, orderly, and to edification, was a duty in Moses' time, when yet such things as these in question might not be added by any but God. When we say by God, we mean by his inspired instruments ; and when we say by Christ, we mean by his inspired instruments. If we should make laws that everyone is publicly to taste vinegar and gall, as a sign that we are not ashamed of, but resolved, through all flesh- displeasing difficulties, to follow Christ, that did so, and thus to engage and dedicate ourselves to him — this were to do more than to do all things decently and orderly which he ap pointed. If mUk were to be publicly sucked or drank by all, in profession that we will feed on the sincere milk of his word, and so dedicate us to him by covenant ; or if we were to put on an helmet and other armour, in token that we will be his soldiers to the death, and manfully fight under, &c, — these engagements, by such public signs, are sacraments in the sense as the word was used -of old, when it signified a soldier's solemn listing, or covenanting with his commander. Thus by distinguishing decent and orderly modes, and circumstances necessary in genere, from new ordinances, even solemn dedicat ing, covenanting, or such like mystical signs, we have shewed you what we grant, and where you fail, and what is indeed a wrong to Christ, and an accusation of his laws, and what not ; and how unjust your following accusation of us is, who never yet told you we would be accounted the best Christians : but to desire to please Christ as near as we can, is not blame- Tvorthy. Abundance of things, of lesser moment than these, are commanded by God in the law, to which he added that sanction, Deut. xii, 33: "Whatever tilings I command thee," &c. And we conceive that the words, " As my father 383 Rejoinder of the Ministers [1661. sent me, so," &c., had somewhat proper to the extraordinary mission. "And if he hear not the church," &c., is neither spoken of a church universal, nor of magistrates making laws for such ceremonies or signs. But if he hear not the church with which he was in communion, and which admonisheth him for his sin, let that church reject him from their communion. Prop. 10. § 10, Ans. The command for decent ceremonies may still continue in the church, notwithstanding the xii of Deut., and so it may too for all the exceptions taken against them by sundry learned, pious, and orthodox persons, who have judged them, they say, unwarrantable. And if laws may be abrogated as soon as those that list not to obey wiU except against them, the world must needs run into confusion. But those that except are weak brethren, whom, by Christ's precept and example, we must not offend. If by weak we understand ignorant, they would take it ill to be so accounted; and it is their own fault if they be, there having been so very much written as may satisfy any that have a mind to be satis fied. And as king James of blessed memory said at Hampton Court, " If after so many years preaching of the Gospel, there be any yet unsatisfied, I doubt it proceeds rather out of stubbornness of opinion than out of tenderness of conscience." If by tenderness of conscience they mean a fearfulness to sin, this would make them most easy to be satisfied, because most fearful to disobey superiors. But suppose there be any so scrupulous, as not satisfied with what hath been written, the church may still, without sin, urge her command for these decent ceremonies, and not be guilt/ of offending her weak brother; for since the scandal is taken by him, not given by her, it is he that by vain scrupulosity offends himself, and lays the stumblingblock in his own way. Reply. But the command for man's institution of a new worship of God, or of rites sacramental, or so like to sacra ments as the cross is; or for the unnecessary imposition of unnecessary things, which should be left to every prudent minister's discretion ; and this upon pain of being cast out of 1661. J to the Answer of the Bishops. 283 the church or ministry; and the law for subscribing that all these are lawful, and for swearing obedience to the bishops; all these laws are not to be found in Scripture. If you should but command your servant to do what you bid him decently and orderly, you would think he mistook you, if upon that pretence he would do any other work, which he could but say tended to the decency of yours. And we would gladly hear what you think yourselves is forbidden in Deut. xii, 32, if not such human ordinances, and why you forbear gi-ving the truer sense of the text ? It is a sad case with the poor church, when God's wisdom, that made a few and necessary things the matter of his church's concord, is no more valued. But we wUl be wiser : and when the experience of the church that hath been torn into pieces fourteen hundred years, by men's inventions, and needless usages, and impositions, is yet of no more force with us that come after them, but whatever can be said, or done, or seen, we will still make laws, that all men shall be tantum non, unchristened, and damned (that is, cast out of the ministry or church communion), that will not wear this or that, or bow thus or thus, or look this way or that way, or say this word or that word ; and, when we have laid such a needless snare, we will uncharitably cry out the world will be brought into confusion, because men that list not to obey, would have the laws abrogated, where hath Christ set you to make such laws? Is it not work enough for us and you to obey the laws that he hath made? Why made he none for postures, and vestures, and words, and teaching signs of this nature, if he would have had them? If he had not told us that there is one lawgiver, one Lord, and that his word is able to make us wise unto salvation, and that he would lay no greater burden on us than necessary things, and would not have us despise or judge each other on such occasions : if he had but told us that he left any officers, after his inspired apostles, for the making of ceremonies, or new laws of worship, or teaching engaging signs for the church, we would as gladly understand and obey his wUl in these things as you. What hurt is it to us to use a cross or 284 Rejoinder of the Ministers [1661. other ceremony, if it were not for fear of disobeying God? Enforce God's laws upon us zealously if you will, and see if we wUl disobey. But that the world shall run into confusion rather than we shall have leave to serve God as Peter and Paul did, -without crossing, surplices, and . kneeling at the sacrament, and then that we shall be reproached as the cause of all by our disobedience, God hath told the world by his word, and will tell them by his judgments, that this is not his way to unity and peace. As to the argument from your brethren's weakness, we say, first, it is not your strength to slight it or them ; nor is it their weakness that they are wilhng to be esteemed weak. The apostle called those weak that placed a necessity in indifferent things, (Rom, xiv,) and not those that understood their indifferency. But the truth is, the nature of things indifferent is not weU understood by aU on either side; some may think evU of some things that deserve it not, and in this they are weak, though in other matters they may be strong. And for the rest, we speak according to the worst that you yourselves can charitably suppose, you can say no more of them, but that they are weaker, that is, in this know less than you, though perhaps we may take them to be stronger, that is, to be more in the right ; yet are we not so confident as to censure you or others ; but speak of things difficult and doubtful as they are. But how prove you that we would take it UI to be ourselves, or have those we speak of accounted ignorant in such things as these ? Use us no worse than the ignorant should be used ; and till you would turn a man out of the ministry or church for being ignorant of the nature of a ceremony, (which never was in his creed, the decalogue, or Scripture,) deal not so by us, that would be wiser if we knew how. That all our ignorance is our own fault we deny not, but it is an excess of confidence and un charitableness to tell us that there is so very much written as may satisfy any man that hath a mind to be satisfied, when we profess in his sight that knoweth the hearts, that we have a mind to be satisfied, and would know the truth at what rate soever if we knew how. What would you have us do 1661.] to the Answer of the Bishops, 285 that we do not, to be satisfied? Do we not read as much for ceremonies as the dissenters used to do against them ? Many books against them are yet unanswered, and we never shunned any public or private conference with any of you ; and such reasonings as these are not like to convince us. If you wiU be the judges of your brethren's hearts, and say it is not ten derness of conscience, but stubbornness, we shaU refer that to the day when your hearts, and ours, shall be opened. Must none be tender conscienced that dare not venture to obey you in such things ? When you may with undoubted safety forbear the imposing of your ceremonies, and so for bear the casting out of your brethren, if you will not, who shows less tenderness of conscience? That the scandal is taken and not given is stiU the thing in question, as to many things ; and if it were not just occasion of offence, you ought not to lay that which another's weakness will turn into a stumbUng block unnecessarily before them. If the apostle's argument be good, (Rom, xiv,) the church may not urge unlawful things, nor things merely lawful upon such penalties as -wiU exclude things necessary. If an idle word be to be accounted for, an idle law 'is not laudable, much less when all men must be excluded the ministry or communion- that scruple it; when yet a man may be a profane swearer for twelve pence an oath, and may swear an hundred times be fore he pays that twelve pence, A papist shall pay twelve pence for not coming to church ; and a protestant be thrust out of your communion for not kneeling at the sacrament; and a minister suspended, imprisoned, undone, for not crossing a child or wearing a surplice. May magistrates or the church thus urge their commands ? Can anything be spoken plainer than the Scripture speaks against this course? And would you make the world beUeve that the brethren that do not aU that you bid them are so unreasonably and obstinately scru pulous, as to have no matter of offence, but what they lay before themselves, when they have the practice of the apostles and the custom of the primitive church for many hundred years against you, and this called by them an apostolical tra- 286 Rejoinder of the Ministers [1661, dition, and decreed by the most uncharitable councils that ever were ? If you had but one of these (the decree of a general council, or practice of all the purest churches alone) for one of your ceremonies, you would think him uncharitable that so reproached you for pretending conscience ? Prop. 18. § 11. Ans. The case of St. Paul, not eating of flesh, if it offended his brother, is nothing to the purpose; who there speaks of things not commanded either by God or by his church, neither having in them anything of decency, or significancy to serve in the church. St. Paul would deny himself his own liberty, rather than offend his brother; but if any man breaks a just law or custom of the church, he brands him for a lover of schism and sedition. (1 Cor. xi, 16.) Reply. But because, at our last meeting, it was said with so much confldence by one, that the case in Rom. xiv and xv was nothing to ours, we shall here say the more to what you say, that St. Paul's not eating flesh is nothing to the purpose : your reasons are, first, because he speaks of nothing com manded by God or his church; secondly, nor of anything of decency or significancy to serve in the church. To the first we have often told you, that which is undeniable ; First, that Paul was a governor of that church himself, that had no superior to control him. If you say that he then wrote not as a governor ; we answer. Yes : for he then wrote as an apostle, and wrote the epistle that was to be a standing law or canon to them : if this be not an act of his office and authority, there was none such ; and then you must say the like of all the rest of the epistles. Secondly. Moreover, as Paul the apostle excludeth all such impositions ; so he wrote to all the resident pastors that were at Rome, for he wrote to the whole church : and therefore these commands extend to the gover nors, that they make not such things the matter of contempt or censures, or any other uncharitable course, but bear with one another in them. Will you call men obstinate self- offenders, that differ from you, when you have no better answers than these, to the plain decisions of the Holy Ghost ? What we speak of Rom. xiv, xv, we speak also of 1 Cor. viii. 1661.] to the Answer of the Bishops. 287 And, Thirdly. It is to the rulers of the church that we are speaking, and it is they that answer us : and shall the rulers say, " If it were not a thing commanded, we might bear with you," when it is themselves that command them ecclesiastically; and we intreat them but to forbear that, and to concur with us in petitioning the king to forbear commanding them coercively, who no doubt wiU easily forbear it, if they do their part. Fourthly. Yea, a fortiori, it layeth a heavier charge on such governors, than others. If it be so heinous a sin as Paul maketh it, to censure or despise one another, for meats, and days, and such like things; how much more to excom municate, silence, and undo one another, and deprive thou sands of souls of the preaching of the gospel that consented not to their pastors' nonconformity? Fifthly. Paul letteth you know that these things are not the centre or matter of our necessary concord, but of mutual forbearance, and there fore condemneth all that wUl make them necessary to our unity, ministry, or communion. Sixthly. And the difference is wholly to the advantage of our cause. For those that Paul spake to, were not come so high as to go about to force others to do as they did ; but only to despise them for not doing it. 2. And therefore to your second reason we answer : — 1. If the things had been different, yet so was Paul's injunction differ ent from our request ; for Paul goeth so high as to command them to deny their own Uberty in not eating lawful meats themselves, lest they offend and hurt their brethren : whereas we are now desiring you, that you would not force others to do that which they take to be a sin, and that with penalties that fall heavier on the church than on them. They had on both sides fairer pretences than you have. The cases before us to be compared, are four; the case of the refusers of meats, and observers of days then; the case of the users of those meats and non-observers of those days ; the case of our imposers; and the case of nonconformists. The pretence of their refusers of meats had in 1 Cor. viU, was that, being offered to idols, they thought it made them partakers of the idolatry; and so they sinned through weakness in being 288 Rejoinder of the Ministers [1661. offended at others, and censuring them that used their liberty. And had they not here a fairer pretence, for their offence and censures, than you for your impositions ? You cannot shew half so great an appearance of good in the things commanded, as they could do of evU in the things for which they were offended. And the offended censurer in Rom. xiv, had this pretence, that the thing was forbidden in God's own law, even the meats, which he refused ; and the days commanded which he observed : and he knew not that the law in these matters of order and ceremony was abrogated, which Peter was ignorant of, when he refused to eat things common and unclean : but you have no pretence of God's own command, for the matter of your impositions, as these men had for the matter of their offence and censure, so that here you are on the worser side. And for the other party that in 1 Cor. viii abused their liberty, and Rom. xiv, despised their brethren, they had a double pretence : one was that it was their liberty; and if every scrupulous party should drive them from their lawful meat and drink, they knew not whither they might drive them : another was, that the law was abrogated by Christ; and therefore if they complied in practice with the scrupulous, or did not shew their diflerence, they might seem to be guUty of the restoring of the law, and complying with the Jews, and the heretics, that both then were enemies to the church, and agreed in this. Had not these men now a far fairer pretence for eating, (1 Cor. viii,) and for the dissent shewed, (Rom xiv,) than you ever yet produced for forcing others from ministry and church into sin and hell, if they will not obey you against their consciences; and all for that whfch you never pretended to shew a command of God for, and others shew you, as they think. Scripture, and councils, and customs against? To tell us then that Paul spake of things not decent and significant, is (pardon our plainness) to say much less than nothing : for it was not against imposing that Paul spake, but using and not using, censuring and despising; and their arguments were suitable to their cause, of another kind of moment, than decency or indecency, significancy or 1661 .] to the Answer of the Bishops. 289 insignificancy, even from supposed idolatry, rejecting God's law, and complying with the Jews and heretics, in restoring the law, and casting away the liberties purchased by Christ, even in their private eating and drinking. To be no more tedibus now, -we humbly offer in any way convenient to try it out with that reverend brother that so con fidently asserted the disparity of the cases, and to prove that these scriptures most plainly condemn your impositions now in question; though we should have thought that one impartial reading of them might end the controversy, and save the church and you from the sad effects. As to that 1 Cor. xi, 16 we answer, first, it is uncertain whether the word custom refer to the matter of hair, or to contention; so many ex positors judge q. d. the churches of God are not contentious. Secondly. Here is no institution, much less by fallible men, of new covenanting, dedicating, or teaching symbols or cere monies, nor is here any unnecessary thing enjoined, but that which nature, and the custom of the country, had made so decent as that the opposite would have been abusively in decent. This is not your case. A cross or surplice is not decent by nature or common reputation, but by institution; (that is not all : for if it be not instituted because decent, it it wUl not be decent because instituted;) nor are these so decent as the opposite to be indecent. The apostles wor shipped God as decently without them, as you do with them ; the minister prayeth in the pulpit as decently without the surplice as in the reading place with it. Thirdly. Paul doth but exhort them to this undoubted comeUness, (as you may well do, if men wiU do anything which nature or common reputation makes to be slovenly, unmannerly, or indecent, as being covered in prayer or singing psalms, or any such Uke, about which we wUl never differ with you,) but even here he talks not of force, or such penalties as tend to the greater hurt of the church, and the ruin of the person. Prop. 18. § 12. Ans. That these ceremonies have occa sioned many divisions is no more fault of theirs, than it was of the gospel that the preaching of it occasioned strife betwixt 290 Rejoinder of the Ministers [1661 father and son, &c. The true cause of those divisions is the cause of ours, which St. James tells us is lust, and inordinate desires of honour, or wealth, or licentiousness, or the like. Were these ceremonies laid aside, there would be the same divisions, if some, who think Moses and Aaron took too much upon them, may be suffered to deceive the people, and to raise in them vain fears and jealousies of their governors; but if all men would, as they ought, study peace and quietness, they would find other and better fruits of these laws of rites and ceremonies, as edification, decency, order, and beauty, in the service and worship of God. Reply. Whether the ceremonies be as innocent, as to divisions, as the gospel, (a strange assertion) wiU better appear when what we have said, and what is more fuUy said by Dr, Ames, Bradshaw, and others, is well answered. If the true cause of our divisions be, as you say, lust and inor dinate desires of honour, or wealth, or licentiousness, then the party that is most lustful, ambitious, covetous, and licen tious, are Ukest to be most the cause. And for lust, and licentiousness, we should take it for a great attainment of our ends, if you will be entreated to turn the edge of your severity against the lustful, and licentious : O that you wotdd keep them out of the pulpits, and out of the communion of the -church, tiU they reform ! And for ourselves, we shall take your admonitions, or severities, thankfuUy, whenever we are convicted by you of any such sins ; we are loth to enter upon such comparison, between the ministers ejected (for the most part), and those that are in their rooms, as tends to shew by this rule who are likest to be the dividers. And for inordi nate desire of honour and wealth, between your lord^ships and us; we are contented that this cause be decided by aU England, even by our enemies, at the first hearing, without any further vindication of ourselves ; and so let it be judged who are the dividers': only we must say, that your intimation of this charge on us that seek not for bishoprics, deaneries, archdeaconries, or any of your preferments; that desire not, nor could accept pluraUties of benefices, with cure of souls ; 1661.] to the Answer of the Bishops. 291 that never sought for more than food or raiment with the liberty of our ministry, even one place with a tolerable main tenance; whose provoking cause hath been our constant oppo sition to the honours, wealth, lordships, and pluralities of the clergy; yea who would be glad, on the behalf of the poor con gregations, if many of our brethren might have leave to preach to their flocks for nothing ; we say, your intimation maketh us lift up our hearts and hands to heaven, and think. Oh what is man 1 What may not by some history be told the world! Oh how desirable is the blessed day of the righteous universal judgment of the Lord! How small a matter, till then, should it be to us to be judged of man ! We hope, upon pretence of not suffering us to deceive the people, you wiU not deny us liberty to preach the necessary saving truths of the gospel, considering how terrible a symptom and prognostic this was in the Jews, 1 Thes. ii, 15, 16, "who both killed the Lord Jesus, and their own prophets, and persecuted the apostles ; and God they pleased not, and were contrary to aU men, forbidding to preach to the Gentiles, that they might be saved, to fiU up their sins always : for wrath was come upon them to the utmost," We can as easily bear whatever you can inflict upon us, as the hinderers of the gospel, and silencers of faithful ministers, and troublers of the churches, can bear what God wiU inflict on them. And BO the will of the Lord be done. Prop. 18. § 13. Ans. There hath been so much said not only of the lawfulness, but also of the conveniency of those ceremonies mentioned, that nothing can be added : this in brief may here suffice for the surplice, that reason and expe rience teach that decent ornaments and habits preserve reverence, and are held therefore necessary to the solemnity of royal acts, and acts of justice, and why not as well to the solemnity of religious worship. And in particular no habit more suitable than white linen, which resembles purity and beauty, wherein angels have appeared (Rev. xv), fit for those, whom the Scripture calls angels : and this habit was ancient. Chrys, Hom, 60, ad Antioch, V 2 593 Rejoinder of the Ministers [1661. Reply. First, if nothing can be added, then we doubt the unanswered writings extant against these impositions wUl never be well answered. Secondly, We are desirous that no indecent vestures or habits be used in God's service. Those that scruple the surplice do it not as it is a habit determined of, as decent ; but as they think it is made a holy vestment, and so part of external worship, as Aaron's vestments were ; as may be seen in the arguments of Cotton and NichoUs lately printed together. Prop. 18. § 14. Ans. The cross was always used in the church in immortali lavacro, (Tertull.) and therefore to testify our communion with them, as we are taught to do in our creed, as also in token that we shaU not be ashamed of the cross of Christ, it is fit to be used still; and we conceive cannot trouble the conscience of any that have a mind to be satisfied. Reply. That the cross was always used in the church in baptism is an assertion certainly untrue, and such as we never heard or read tUl now. Do you believe it was used in the baptism of the eunuch, Lydia, the jailor, CorneUus, the three thousand Acts ii, or in those times ? And when it did come up, it was with Chrism, and not our airy, transient image; and therefore you so far differ from the users. Secondly. The condemnation of genuflection on the Lord's days in adoration was at least as ancient and universal, and com manded by councils when the cross was not ; and yet you can dispense with that, and many such usages. And if you wiU yourselves fall in with custom, yet every ancient common custom was never intended to be a matter of necessity to union or toleration of our brethren. Use no other force about the cross than the church then did. Thirdly. Your saying that you conceive it cannot trouble the conscience of any that have a mind to be satisfied, doth but express your uncharitable censoriousness, whUe your brethren have studied and prayed, and conferred for satisfaction (its like as much as you), and profess their earnest desire of it, and their readiness to hear or read anything that you have to say in order to their satisfaction. 661.] to the Answer of the Bishops. 293 Prop. 18. § 15, Ans, The posture of kneeling best suits at the communion as the most convenient, and so most decent for us, when we are to receive as it were from God's hand the greatest of seals of the kingdom of heaven. He that thinks he may do this sitting, let him remember the prophet Malachi : — " offer this to the prince," to receive his seal from his o-wn hand, sitting, " see if he will accept 6f it," When the church did stand at her prayers, the manner of recei-ving was more adorantium, (S. Aug. Psa. xcviii, CyrU, Catech, Mystag. 5.) rather more than at prayers. Since standing at prayer hath been generaUy left, and kneeling used instead of that (as the church may vary in such indifferent things), now to stand at communion, when we kneel at prayers, were not decent, much less to sit, which was never the use of the best times. Reply. To aU this about kneeling, we say, first, we have considered the text in Malachi, and what you say; and yet, first, we find that our betters, even Christ's apostles, and the uni versal church, for many hundred years, thought not kneeling more decent; nor did the church in the first age think sitting unmeet in that service to the King of the church : and we hope you reprehend them not. Secondly. You require not the adults that are baptized, to receive that seal or sacrament kneeling. Thirdly. When kneeling at prayers was in use in the apostles' times, yet kneeling in the reception of the sacra ment was not. Fourthly. Why can you so lightly put off both the practice and canons of the church, in this, more than in other such things ? However, you cannot here deny, de facto, but that kneeling on the Lord's day in the receiving of the sacrament -was, for many hundred years of the purer times of the church, disused and condemned. And why do you not tell us what other general council repealed this, that we may see whether it be such as we are any way bound by ? When you say the church may vary in such indifferent things : first, if kneeUng or standing at prayer be an indifferent thing, then so are they at this sacrament. Secondly. Then you foUow the changes, and we the old pattern. Thirdly, 294 Rejoinder of the Ministers [1661. Then the canons of general councils and customs, pretended to be from apostolical tradition, may be changed. Fourthly. What is it that you call the church, that changeth, or may change these ? A council, or a popular custom ? Bring us not under a foreign power. Fifthly. The thing then being so indifferent and changeable, you may change it, if you please, for ends that are not indifferent. Sixthly. And if now the ministers may pray standing, why may not the people receive standing ? Seventhly. When you say that to sit was never the use of the best times, you deny the apostles' and pri mitive times to be the best. As to the extent of the church they were not the best, but as to purity of administrations they were. Prop. 18. §16. Ans. That there were ancient liturgies in the church is evident : S. Chrysostom, S. BasU, and others; and the Greeks tell us of St. James, much elder than they. And though we find not in all ages whole Uturgies, yet it is certain that there were such in the oldest times, by those parts which are extant; as Sursum corda, ^c,. Gloria Patri, S^c, Benedicite, Hymnus Cherubinus, ^c, Vere dig num et justum, ^c, Dominus vobiscum, et cum spiritu tuo, with divers others. Though those that are extant may be interpolated, yet such things as are found in them aU consistent to catholic and primitive doctrine may well be presumed to have been from the first; especially since we find no original of these liturgies from general councils. Reply. We know there wanteth not a Lindanus, a Coccius, to tell the world of St. Peter's Liturgy, which yet prayeth that by the intercession of St. Peter, and Paul, we may be defended, &c., and mentioneth Linus, Cletus, Clemens, Cor nelius, Cyprian, Lucia, Barbara, and abundance such : shall we therefore conclude, that there were liturgies from the first, and that what is here consentient to antiquity, was in it ? There wants not a Marg. de la Eigne, a Greg, de Valent, a Coccius to< commend to us the Uturgy of Mark, that pray eth. Protege civitatem islam proper martyrem tuum et evangelistam Marcum, etc., and teUs us that the king 1661.] to the Answer of the Bishops. 295 where the author lived was an orthodox Christian, and pray eth for the pope, subdeacons, lectors, cantors, monks, &c. Must we therefore beUeve that all that is orthodox in it is ancient? So there wants not a Eigne, BeUarmine, &c,, to tell us of St, James' liturgy, that mentions the confessors, the Deiparam, the anchorets, &c., which made BeUarmine himself say de Liturgia Jacobi sic sentio, cam aut non esse ejus, aut multa a posterioribus eidem addita sunt. And must we prove the antiquity of liturgies by this, or try ours by it? There wants not a Sainctius, a BeUarmine, a Valentia, a Paresius to predicate the liturgy of S. Basil, as bearing wit ness to transubstantiation, for the sacrifice of the mass, for praying to saints, &c., when yet the exceeding disagreement of copies, the difference of some forms from Basil's ordinary forms, the prayers for the most pious and faithful emperors, shew it unlikely to have been BasU's. Many predicate Chry- sostom's mass or liturgy, as making for praying to the dead, and for them, the propitiatory sacrifice of the mass, &c., when, in one edition, Chrysostom is prayed to in it, saith Cook : in another, Nicolaus, and Alexius, that lived 1080, is mentioned: in another, doctrines are contained (as de con- taminata Maria, &,c.J clean contrary to Chrysostom's doc trine : must we now conclude that all is ancient, that is orthodox, when one copy is scarce like another ? Or can we try our liturgy by such as this? The shreds cited by you prove a liturgy indeed, such as we have used while the Com mon Prayer book was not used, where the psalms, the words of baptism, and the words of consecration, commemoration, and delivery of the Lord's Supper, and many other, were used in a constant form, when other parts were used as the minister found most meet; so Sursum Corda was hut a warn ing before, or in the midst of devotion, such as our " Let us pray," and will no more prove that the substance of prayer was not left to the minister's present or prepared conceptions, than Ite missa est will prove it. The Gloria patri BeUarmine himself saith, according to the common opinion, was formed in the CouncU of Nicsea, which was in the 4th century. And 296 Rejoinder of the Ministers [1661, even then such a particular testimony against the Arians might well stand with a body of unimposed prayers; and rather shews that in other things they were left at liberty. If the Benedicite, the hymns, or other passages here men tioned, wiU prove such a liturgy as pleaseth you, we pray you bear with our way of worship, which hath more of hymns and other forms than these come to. That these liturgies had no original from general Councils adds nothing with us to their authority, but sheweth that they had an arbitrary original : and aU set together, shews that then they had many Uturgies in one prince's dominion, and those alterable, and not forced; and that they took not one Uturgy to be auy necessary means to the church's unity or peace, but bore with those that used various at discretion. We well remem ber that TertuUian teUs the heathens that Christians shewed by their conceived hymns, that they were sober at their religious feasts, it being their custom ut quisque de Scripturis Sanctis, vel de proprio ingenio potest, provocetur in medium Deo canere, Apol, cap, 39, Note here 1. that though there be more need of forms for singing than for praying, yet even in this, the Chiistians in public had then a liberty of doing it de proprio ingenio, and by their own wit or parts, 3, That those that did not de proprio ingenio, did it de Scripturis Sanctis, and that there is no mention of any other liturgy, from which they fetch so much as their hymns. And the same TertuUian, Apol. cap. 30, describing the Christians' public prayers saith sine monitore, -quia de pectore, oramus, we pray without a monitor or prompter, because we do it from the heart, or from our own breast. And before him Justin Martyr, Ap. 3, p. 77, saith, o xpos^aig sy%a? 6(/,oi&ig xcci ii-)(i^^i?iag offf] thvu^/jig avroj KvaTifJbTrsi, kou 6 Xccog 'iTSvpiJiJjsi Xsyajv to 'Auj^v. But if all these words seem not plain enough to some, it is no wonder when they rest not in the greater plainness of the holy Scriptures, where prayer is so frequently mentioned, as much of the employment of believers ; and so many directions, encouragements, and exhortations given 1661.] to the Answer of the Bishops. 397 about it: and yet no liturgy or stinted forms, except the Lord's prayer, is prescribed to them, or once made mention of; no man directed here to use such, no man exhorted to get him a Prayer book, or to read or learn it, or to beware that he add or diminish not: whereas the holy Scriptures that were then given to the church, men are exhorted to read, and study, and meditate in, and discourse of, and make it their continual delight : and it is a wonder that Da-vid, that mentions it so oft in the cxixth Psalm, doth never mention the liturgy, or Common Prayer book, if they had any ; and that Solomon, when he dedicated the house of prayer without a Prayer book, would only beg of God to hear what prayers or what supplication soever, shaU be made of any man, or of all the people of Israel, when every one shall know his own sore, and his own grief, and shall spread forth his hands in that house, (3 Chron. vi, 39,) and that he giveth no hint of any Uturgy or form, so much as in those common calamities ; and talks of no other book than the knowledge of their own sores, and their own griefs. And in the case of psalms, or singing unto God ; where it is certain, that they had a liturgy or form, (as we have,) they are carefully collected, preserved, and deUvered to us, as a choice part of the holy Scripture. And would it not have been so with the prayers ? or would they have been altogether unmentioned, if they also had been there prescribed to, and used by the church, as the psalms were ? Would Christ and his apostles, even where they were purposely giving rules for prayer, and correcting its abuse, as Matt, vi; 1 Cor. xiv, &c., have never mentioned any forms but the Lord's prayer, if they had appointed such, or desired such to be imposed, and observed? These things are in credible to us when we most impartially consider them. For our own parts, as we think it uncharitable to forbid the use of spectacles to them that have weak eyes, or of crutches to them that have weak limbs ; and as uncharitable to undo all that will not use them, whether they need them or not : so we can think no better of them, that will suffer none to use such forms, that need them ; or that will suffer none to pray 298 Rejoinder of tlie Ministers [1661. but in the words of other men's prescribing, though they are at least as able as the prescribers. And to conclude, we humbly crave, that ancient customs may not be used against themselves, and us ; and that you wUl not innovate, under the shelter of the name of antiquity. Let those things be freely used among us, that were so used in the purest primitive times. Let unity and peace be laid on nothing, on which they laid them not; let diversity of liturgies, and ceremonies be allowed, where they allowed it. May we but have love and peace, on the terms as the ancient church enjoyed them, we shall then hope we may yet escape the hands of uncharitable destroying zeal. We therefore humbly recommend to your observation the concurrent testi mony of the best histories of the church concerning the diversity of liturgies, ceremonies, and model observances, in the several churches under one and the same civil govern ment : and how they then took it to be their duty to forbear each other in these matters, and how they made them not the test of their communion, or centre of their peace. Concern ing the observation of Easter itself, when other holy-days and ceremonies were urged, were less stood upon, you have the j udgment of Irenseus, and the French bishops, in whose name he wrote, in Euseb. Hist. Eccl. 1. 5. c. 23, where they reprehend Victor for breaking peace with the churches, that differed about the day, and the antecedent time of fast ing, and tell him that the variety began before their tifnes, when yet they nevertheless retained peace, and yet retain it : and the discord in their fasting declared, or commended the concord of their faith, that no man was rejected from com munion by Victor's predecessors on that account, but they gave them the sacrament, and maintained peace with them, and particularly Polycarp, and Anicetus, held communion in the eucharist, notwithstanding this difference. Basil Epist. 63, doth plead his cause with the presbyters, and whole clergy of Neccsesarea, that were offended at his new psalmody, and his new order of Monastics : but he only defendeth himself, and urgeth none of them to imitate him, but telleth them also of 1661.] to the Answer of the Bishops. 299 the novelty of their own liturgy, that it was pot known in the time of their own late renowned Ep. Gregory Thaumaturgus; telling them that they had kept nothing unchanged to that day of all that he was used to (so great alterations in forty years were made in the same congregation) ; and he professeth to pardon all such things, so be it the principal things be kept safe. Socrat. Hist. Eccl. 1. 51. c. 21., about the Easter differ ence saith that, neither the apostles, nor the gospels, do impose a yoke of bondage on those that betake themselves to the doctrine of Christ, but left the feast of Easter, and other festivals, to the observation of the free and equal judgment of them that had received the benefits. And therefore because men used to keep some festivals, for the relax ing themselves from labour, several persons, in several places, do celebrate, of custom, the memorials of Christ's passion arbitrarily, or at their own choice. For neither our Saviour, nor the apostles commanded the keeping of them by any law, nor threaten any mulct, or penalty, &c. It was the purpose of the apostles not to make laws for the keeping of festivals, but to be authors to us of the reason of right living, and of piety. And having shewed that it came up by private custom, and not by law, and having cited Irenseus, as before, he addeth, that those that agree in the same faith, do differ in point of rites and ceremonies, and instancing in divers, he concludeth that because no man can shew, in the monuments of writings, any command concerning this, it is plain, that the apostles herein permitted free power to every one's mind and will ; that every man might do that which was good, without being induced by fear, or by necessity. And having spoken of the diversity of customs, about the assemblies, marriage, baptism, &c., he tells us that, even among the Novatians themselves, there is a diversity in their manner of their praying; and that among all the forms of religions and parties, you can nowhere find two, that consent among them selves in the manner of their praying. And repeating the decree of the Holy Ghost, Acts 15, "to impose no other burden but things necessary," he reprehendeth them that. 300 Rejoinder of the Ministers [1661. neglecting this, will take fornication as a thing indifferent, but strive about festivals, as if it were a matter of life; over turning God's laws, and making laws to themselves, &c. And Sozomen Hist. Eccles. 1. 7. c. 18 and 19, speaketh to the same purpose, and tells us that the Novatians themselves determined in a synod at Sangar in Bythinia, that the differ ence about Easter being not a sufficient cause for breach of communion, aU should abide in the same concord, and m the same assembly, and every one should celebrate this feast as pleased himself : and this canon they caUed aS/a^opoj', And, c, 19, he saith of Victor and Polycarp, that they deservedly judged it frivolous, or absurd, that those should be separated, on account of a custom, that consented in the principal heads of religion : for you cannot find the same traditions in aU things alike, in aU churches, though they agree among them selves ; and, instancing in some countries, where there is but one bishop in many cities, and in others bishops are ordained in the villages, after many other instances, he adds, that they use not the same prayers, singings, or readings, nor observe the same time of using them. And what liturgy was imposed upon Constantino the Emperor, or what bishops or synods, were then the makers of liturgies, when he himself made public prayers for himself and auditory, and for his soldiers? Euseb. de vit. Constantini, lib. iv, c. 18, 20, &c. But the diversity, liberty, and change of liturgies in the churches under the same prince, are things so well known, as that we may suppose any further proof of it to be needless. In the conclusion, therefore, we humbly beseech you, that as antiquity and the custom of the churches in the first ages is that which is most commonly and confidently pleaded against us, that your mistake of antiquity may not be to our cost, or paid so dear for as the loss of our freedom for the serving of God in the work of the ministry to which we are called. We beseech you let us not be silenced, or cast out of the ministry or church, for not using the Uturgy, cross, sur plice, kneeUng at the sacrament, tUl ye have either shewed the world that the practice or canons of the catholic church 1661.] to the Answer of the Bishops. 301 have led you the way, as doing it, or requiring it to be done. And make not that so necessary as to force men to it on such dreadful terms, which the ancient churches used with diversity and indifferency of liberty. We beseech you, shew the world some proof that the ancient churches did ever use to force or require ministers to subscribe to their liturgies, as ha-ving nothing in them contrary to the Word of God, or to swear obedience to their bishops, before you impose such things on us, whUe yet you pretend to imitate antiquity. And have but that moderation towards yoflr brethren, as in suffering, or at death, or judgment, you would most approve. Remember how unpleasing the remembrance of such differences about ceremonies was to Bishop Ridley, as towards Bishop Hooper, when they were in prison ; and how the Arians' fury made the orthodox gladly to go to the churches of the Novatians, and meet with them, and join -with them in prayer, and had almost been united with them in the bond of concord, if the Novatians, in the stiff maintaining of their old customs, had not utterly refused it. But yet in other matters they em braced each other with so singular a benevolence and love, that they would wUlingly have died for each other, as Socrat, teUs us. Hist. lib. U, c. 30. And may we not all here see our duty ? When Atticus was urged to deny to the Novatians the Uberty of their meetings within the city, he refused it, because they had suffered for the faith in the Arians' persecu tion, and changed nothing in the faith, though they separated from the church; and was so far from violence against dissenters, as that he gave large reUef to them that differed from him in religion, Socrat. Hist. lib. vii, c. 25. It was the much praised saying of Theodosius, to him that asked him why he put none to death that wronged him — " I would I could rather make them that are dead, alive:" Socrat. lib. vii, c. 23, Much more should Christian bishops be enemies to cruelty, who know that charity is more essential to Christianity than this or that form of Uturgy or ceremonies. If you think it unsufferable that we should have differences about such things, remember that there wUl be no perfect 303 Rejoinder of the Ministers [1661, unity till there is perfect charity and sanctity ; and that des troying one another, and consequently destroying charity, is an unhappy way to unity; and that unity is to be held in things necessary, and Uberty in things unnecessary, and charity in both. Remember that it was in a far greater difference, where Constantine persuadeth the Christians to mutual forbearance, by the example of the philosophers, that suffered differences in abundance of their opinions. Euseb. de vita Constant., lib. ii, c. 67; and that Valens, the Arian, was made more moderate, and abated his persecution of the orthodox, by the oration of Themistius, who bade him not wonder at the dissensions of Christians, for they were small, if compared with the multitude and crowd of opinions that are among the heathen philosophers, as being more than three hundred; and that God will, by this diversity of opinions, manifest his glory, and make men the more reverence him, who is so hardly known : Socrat. lib. iv, c. 37. Those that dissent from you in these tolerable cases, cannot change their own opinions; but you can, if you will, forbear hurting of your brethren. Do that which you can do, rather than urge them by unsuitable means to that which they cannot do. These are not matters sufficient to justify contention and un charitable usage of your brethren. When many of the Macedonian faction petitioned the good emperor Jovianus to depose those that affirmed the Son to be unlike the Father, and to put their party in their places, he gave them no answer, but this, " I hate contentions, and I love and honour them that are addicted to concord : " Socrat. lib. iv, c. 31. " Then," saith .Euseb. Hist., lib. viii, c. 1, " did the Lord obscure the daughter of Sion, and cast down the glory of Israel, &c., when those that seemed our pastors, rejecting the rule of godliness, were enflamed among themselves with mutual con tentions, and drov6 on only those contentions, threatenings, emulations, mutual hatred, and enmity, and the like, tyrants prosecuted their ambition." We thought it no impertinent digression here to take this occasion again to crave your exercise of the ancient 1661.] to the Answer of the Bishops. 303 charity, and our enjoyment of the ancient liberty, instead of forcing the anciently free liturgy and ceremonies, and that by unproportionable penalties. And if yet we cannot prevail with you, we shall still beg for peace of the Gcd of peace, where we have better hopes to be heard ; and shall hold on in seeking it, how ill soever our endeavours may be interpreted or succeed. And as the good man wept, Socrat. lib. iv, c. 18., when he saw a woman pompously adorned, be cause he was not so careful to please God as she was to allure men ; so we shall confess we ought to weep that we cannot be more charitable and laborious in building up the church in holiness and peace, than others are by uncharitable courses to affiict it. And it shaU be our hope that, whether by their labours or their sufferings, God will serve and honor himself by those many faithful servants of his, whom he hath called into his work, and whose cause we plead; and that however they are used they shall not be unuseful to the ends of their vocation : as Theodoret observes. Hist., lib. iv, c. 30, that in a calamitous time, "the moderator of the universe raised up such guides as were sufficient in so great a fluctuation, and opposed the valour of the leaders to the greatness of the enemy's incursion, and gave the best remedies in the hardest times of pestilence, so that the banished pastors did, from the uttermost parts of the earth, corroborate their own, and refute the adversaries by their writings." And for ourselves, as we were truly desirous to do our parts to preserve your reputa tion with the flocks, in order to the success of your govern ment for their good, and never envied you even that worldly honor or revenue which yet some have thought unsuitable to the simplicity and employment of Christ's ministers; so if you will neither suffer us quietly to serve God or con- scionably to serve you, we shall be the less solicitous for that part of our task, from Vvhich you have power to discharge us. And as Basil said to Valens the emperor, that would have him pray for the life of his son, " If thou wUt receive the true faith, and restore the churches to concord, thy son shall live," which, when he refused, he said, "The wUl of God, 304 Rejoinder of the Ministers [1661, then, be done with thy son ; " so we say to you. If you wiU put on charity, and promote your brethren's and the church's peace, God will honor you, and good men will honor you, and your calling will have advantage by it. But if you will do contrary, the wUl of the Lord be done with your honors. But know that them that honor him he will honor, and those that despise him shall be lightly esteemed ; and that by the course of uncharitable violence, which we deprecate, you wiU most deeply wound the cause of your pre-eminence, even more than its adversaries could have done. And if it be the wUl of God that suffering at home where we have served him must be our lot, we doubt not but he will furnish us -with strength and patience, and we shaU remember such examples as Ruffin recordeth. Hist,, lib, u, c. 3. When a mUitary bishop sent his soldiers to assault three thousand scattered Christians, there appeared a strange kind of warfare when the assaulted offered their necks, saying only. Amice, ad quid venisti ? Friend, why earnest thou thither ? Or if we must be removed from the land of our nativity, as Maris told Julian, " he thanked God that had deprived him of his sight, that he might not see the face of such a man," Socrates, Hist. lib, iu, c. 10; so we shall take it as a little abatement of our affiiction, that we see not the sins and calamities of the people, whose peace and welfare we so much desire. Having taken this opportunity here to conclude this part with these requests and warnings, we now proceed to the second part, containing the particulars of our Exceptions and your Answers. CONCERNING MORNING AND EVENING PRAYER. § 1, Rub. 1. Ans. We think it fit that the rubric stand as it is, and aU to be left to the discretion of the ordinary. Reply. We thought the end and use more considerable than custom, and that the ordinary himself should be under the rule of doing all to edification. § 3. Rub. 3. Ans. For the reasons given in our Answer to the 18th general, whither you refer us, we think it fit that the rubric continue as it is. 1061.] to the Answer of the Bishops. 305 Reply. We have given you reason enough against the imposition of the usual ceremonies; and would you draw forth those absolute ones to increase the burden ? § 3. Lord's prayer. "Deliver us from evU." Ans. These words, " for thine is the kingdom," &c., are not in St. Luke, nor in the ancient copies of St. Matthew, never mentioned in the ancient comments, nor used in the Latin church, and therefore questioned whether they be part of the gospel; there is no reason that they should be always used. Reply. We shaU not be so over-credulous as to believe you, that these words are not in the ancient copies. It is enough that we believe that seme few ancient copies have them not, but that the most, even the generality (except those few) have them. The judgment of our English translators, and almost all other translators of Matthew, and of the reverend Ep, of Chester among yourselves, putting the copy that hath it in his Bible, (as that which is most received and approved by the church,) do shew on which side is the chief authority : if the few copies that want it had been thought more authentic and credible, the church of England and most other churches, would not have preferred the copies that have this doxology. And why wUl you in this contradict the later judgment of the church, expressed in the translation allowed and imposed ? The Syriac, Ethiopic, and Persian translations also have it : and if the Syriac be as ancient as you your selves even now asserted, then the antiquity of the doxology is there evident; and it is not altogether to be neglected, which by Chemnitius and others is conjectured, that Paul's words, in 3 Tim, iv, 18, were spoken as in reference to this doxology. And as Parseus and other protestants conclude, it is more probable the Latins neglected, than that the Greeks inserted, of their own heads, this sentence. The Socinians and Arians have as fair a pretence for their exception against 1 John V, 6, 7. Musculus saith, non cogitant vero similius esse, ut Gracorum ecclesia magis quam Latina, quod ab evangelistis Graca scriptum est, integrum servarit, nihilque de suo adjecerit. Quid de Graca ecclesia dico ? vidi ipse 306 Rejoinder of the Ministers [1661, vetustissimum evangelium secundum Matthaum, codicem Chaldais et dementis, et verbis conscriptum, in quo coronis ista perinde atque in Gracis legebatur. Nee Chaldmi solum, sed et Arabes Christiani pariformiter cum Gracis orant, et exemplar Hebraum a docto et celebri D. Sebast, Munstero vulgatum, hanc ipsam coronidem habet ; cum ergo consentiant hdc in re Hebrseorum, Chaldseorum, Arabum, et Grsecorum ecclesia valde inconsideratum videtur, quod uni Latinorum ecclesia, contra omnes reliquas, tantum tribuitur authoritatis, ut quod sola diversum legit, ab evangelistis traditum esse credatur : quod vero reliqua omnes concorditer habent et orant, pro addititio et peregrino habeatur. And that Luke hath it not, will no more prove that it was not a part of the Lord's prayer, than all other omissions of one evangelist will prove that such words are corruptions in the other that have them. All set together give us the gospel fully, and from all we must gather it, § 4, Lord's prayer often used, Ans. It is used but twice in the morning and twice in the evening service; and twice cannot be called often, much less so often. For the litany, communion, baptism, &c., they are offices distinct from morning and evening prayer, and it is not fit that any of them should want the Lord's prayer. Reply. We may better say we are required to use it six times every morning than but twice ; for it is twice in the common morning prayer, and once in the litany, and once in the communion service, and once at baptism, (which in great parishes is usual every day) and once to be used by the preacher in the pulpit. And, if you caU these distinct offices, that maketh not the Lord's prayer the seldomer used. Sure we are, the apostles thought it fit that many of their prayers should be without the Lord's prayer, §5, Gloria Patri, Ans. This doxology being a solemn con fession of the blessed Trinity, should not be thought a burden to any Christian liturgy, especially being so short as it is ; neither is the repetition of it to be thought a vain repetition, more than "his mercy endureth for ever," so 1661.] to the Answer of the Bishops. 307 often repeated, Psa. cxxxvi. We cannot give God too much glory, that being the end of our creation, and should be the end of aU our ser-vices. Reply. Though we cannot give God too much glory, we may too often repeat a form of words wherein his name and glory is mentioned; there is great difference between a psalm of praise and the praise in our ordinary prayers : more liberty of repetition may be taken in psalms, and be an ornament; and there is difference between that which is unusual (in one Psalm of one hundred and fifty,) and that which is our daUy course of worship. When you have well proved that Christ's prohibition of battology extendeth not to this (Matt, vi) ; we shaU acquiesce, § 6, Rub, 3, "In such places where they do sing," &c, Ans. The rubric directs only such singing as is after the manner of distinct reading, and we never heard of any incon venience thereby, and therefore conceive this demand to be needless. Reply. It tempteth men to think they should read in a singing tone: and to turn reading scripture into singing, hath the inconvenience of turning the edifying simpUcity and plainness of God's service into such affected, unnatural strains and tones, as is used by the mimical and ludicrous, or such as feign themselves in raptures : and the highest things (such as words and modes that signify raptures) are most loathsome when forced, feigned, and hypocriticaUy affected; and, therefore, not fit for congregations that cannot be supposed to be in such raptures ; this we apply, also, to the sententious mode of prayers, § 7, Benedicite. Ans. This hymn was used aU the church over, (Cone. Tolet. can, 13,) and therefore should be con tinued stiU as well as Te Deum (Ruffin, Apol, cont, Hieron,) or Veni Creator, which they do not object against as apoc ryphal. Reply. You much discourage us in these great straits of time, to give as such loose and troublesome citations ; you turn us to Ruffin Apol, in gross, and tell us not which of the X 2 308 Rejoinder of the Ministers [1661 councils of Tolet. (among at least thirteen) you mean : hut we find the words in council 4. But that provincial, Spanish council, was no meet judge of the affairs of the universal church unto the universal church : nor is it certain by their words whether quern refer not to Deum rather than to hymnum : but if you so regard that council, remember that. Can. 9, it is but once a day that the Lord's prayer is en joined, against them that used it on the Lord's day only; and that, Can. 17, it is implied, that it was said but once on that day. The Benedicite is somewhat more cautiously to be used than human compositions that profess to be but human; when the apocryphal writings, that are pretended by the papists to be canonical, and used so like the canon in our church, we have the more cause to desire that a sufficient distinction be still made. IN THE LITANY, § 1. Ans. The alterations here desired are so nice, as if they that made them were given to change. Reply. We bear your censure : but profess, that if you wUl desert the products of changers, and stick to the unchange able rule delivered by the Holy Ghost, we shall joyfully agree with you. Let them that prove most given to change, from the unchangeable rule and example, be taken for the hinderers of our unity and peace. § 2, Ans. "From all other deadly sin," is better than "from aU other heinous sin," upon the reason here given ; because the wages of sin is death. Reply. There is so much mortal poison in the Popish distinction of mortal and venial sin, (by which abundance of sins are denied to be sins at aU properly, but only analogi cally,) that the stomach that feareth it, is not to be charged with niceness. The words here seem to be used by way of distinction, and all " deadly sin " seemeth not to be spoken of " all sin." And if so, your reason from Rom. -vi, 23, is vain, and ours firm. 168 l.J to the Answer of the Bishops. 309 § 3. Ans. "From sudden death," as good as "from dying suddenly;" which therefore we pray against, that we may not be unprepared. Reply. We added " unprepared " as expository, or hinting to shew the reason why sudden death is prayed against, and so to limit our prayers to that sudden death, which we are unprepared for ; there being some ways of sudden death no more to be prayed against, than death itself simply considered may. When you say "from sudden death" is as good as " from dying suddenly " we confess it is. But not so good as "from dying suddenly and unpreparedly." We hope you intend not to make any believe, that our turning the adjec tive to an adverb was our reformation. And yet we won dered to hear this made a common jest upon us, as from those that had seen our papers. Would you have had us say "from sudden and unprepared death?" You would then have had more matter of just exception against the words " unprepared death " than now you have against " dying sud denly." A man may be weU prepared to die suddenly by martyrdom for Christ, or by war for his prince, and many other ways. § 4. Ans. "AU that travel," as little liable to exceptions as " those that travel," and more agreeable to the phrase of Scripture, (1 Tim. U, 1,) "I wUl that prayers be made for all men." Reply, An universal is to be understood properly, as com prehending all the individuals, and so is not an indefinite. And we know not that we are bound to pray for thieves, and pirates, and traitors that travel by land, or water, on such errands as Faux, or the other powder plotters, or the Spanish Armada, in 1588, or as Parry, or any that should travel on the errand as Clement or RavUiac did to the two King Henrys of France, Are these niceties with you ? ^ 5. Ans. "The two collect[s for St, John's day and Innocents', Sec,"] We do not find, nor do they say, what is to be amended in these coUects ; therefore to say anything particularly were to answer tb we kubw nbt what. 310 Rejoinder of the Ministers [1661, Reply. We are glad that one word in the proper collects, hath appeared such to you as needs a reformation, especiaUy when you told us before that the liturgy was never found fault with by those to whom the name of Protestant most properly belongs ; which looked upon our hopes of reforma tion, almost as destructively as the papists' doctrine of infaUi- bUity doth, when we dealt with them. As for the coUects mentioned by us, you should not wonder that we brought not in a particular charge against them. For first, we had a conceit that it was best for us to deal as gently and tenderly as we could with the faults of the liturgy, and therefore we have under our generals, hid abundance of particulars, which you may find in the Abridgment of the Lincolnshire minis ters, and in many other books. And secondly, we had a con ceit, that you would have vouchsafed to have treated -with us personally in presence, according to the sense of his majesty's commission, and then we thought to have told you parti cularly of such matters : but you have forced us to confejs, that we find ourselves deceived. THE COMMUNION SERVICE. § 1. Kyries. Ans. To say, "Lord, have mercy upon us," after every commandment is more quick and active than to say it once at the close ; and why Christian people should not upon their knees ask their pardon for their life forfeited for the breach of every commandment, and pray for grace to keep them for the time to come, they must be more than ignorant that can scruple. Reply. We thank you for saying nothing against our four first requests; though we are thought more than ignorant for our scruple, we can truly say, we are willing to learn. But your bare opinion is not enough to cure ignorance, and more. By your reason, you may make kneeling the gesture for hearing the Scriptm'es read, and hearing sermons, and all. If you will but interweave prayers, he must be more than ignorant that will not kneel. The universal church of Christ was more than ignorant for many hundred years, that not only 1661.] to the Answer of the Bishops. 311 neglected, but prohibited genuflexion in all adoration each Lord's day; when now, the xx Exodus or v Deut. may not be heard or read without kneeling, save only by the clergy, § 2, Homilies, Ans, Some livings are so smaU that they are not able to maintain a licensed preacher ; and in such and the like cases this provision is necessary. For can any reason be given, why the minister's reading a homUy, set forth by common authority, should not be accounted preachmg of the Word, as weU as his reading (or pronouncing by heart) a homUy or sermon of his own, or any other man's. Reply. When the Usurper would quickly have brought livings to that competency, as would have maintained able preachers, we may not question whether just authority will do it. Secondly. When abundance of able ministers, cast out, would be glad of liberty to preach for nothing, this pre tence hath no taste or sense in it. Thirdly. When we may not, without the imputation of uncharitableness, once imagine that your lordships, with your deans, and other officers, do not value the saving of souls above money, we may conclude that you wiU voluntarUy allow so much out of your ample revenues as will supply such places, or many of them ; the rather because we find you charging them as desiring inordinately the honours and wealth of the world, that would have had all ministers to have had lOOZ. or 80/. per annum a piece; and therefore may conclude that you will take no more, if you hate that sin more than they do that are accused of it. But the next part of your answer frighteth us more; to which we say, that we wiU not differ with you for the name, whether reading homilies may be called preaching. But we take the boldness to say, that it is another manner of preach ing that Christ and his apostles sent men to perform, and which the church hath gloried in, and been edified by, to this day, and which thousands of souls have been brought to heaven by, and which we again desire may be enjoined, and not left so indifferent. 312 Rejoinder of the Ministers [1661 § 3. Sentences. Ans, The sentences tend all to exhort the people to pious liberality, whether the object be the minister, or the poor, and though some of the sentences be apocryphal, they may be useful for that purpose. Why collection for the poor should be made at another time, there is no reason given, only change desired. Reply. 1. We have oft told you why the Apocrypha should be cautiously used in the church. That usurper that should pretend to the crown, and have a more numerous party than the king (that hath the undoubted right), wUl he looked on more suspiciously than ordinary subjects. 2. It is a sordid thing for ministers to love money ; and it is sordid, unless in extraordinary necessities, to have them beg, and beg for them selves, and beg under pretence of serving God, even in times when the clergy seem advanced. 3. We confess ourselves deceived in thinking we should have free, personal debates with you, which made us reserve many of our reasons. Our reasons are, 1, for less disturbance. 2. Because the people's affections are much more raised usually, and so fitter for returns, when they have received. 3, Because especiaUy it is most seasonable to do the acts of gratitude, when we have received the obliging benefits; and so say, "What shall I give the Lord for all his benefits?" when we have partaken of them ; and to offer ourselves first, and, with ourselves, what he giveth us, unto him, when we have received him, and his grace offered to us. These are the resisons that brought us under your censure of desiring a change. § 4. 3 [rd] Exhort. Ans. The first and third exhortations are very seasonable before the communion, to put men in mind how they ought to be prepared, and in what danger they are to come unprepared; that if they be not duly quaUfied, they may depart, and be better prepared another time. Reply. But is it not more seasonable, that, in so great business, such warning go a considerable time before? Is there then leisure of self-examination, and making restitution. 1661.] to the Answer of the Bishops. 313 and satisfaction, and going to the minister for councU to quiet his conscience. Sec, in order to the present sacrament ? We yet desire these things may be sooner told them. § 5. Exc. 1. Ans. We fear this may discourage many. Certainly themselves cannot desire that men should come to the holy communion with a troubled conscience, and there fore have no reason to blame the church for saying, it is requisite that men come with a quiet conscience, and pre scribing means for quieting thereof. If this be to discourage men, it is fit they should be discouraged and deterred, and kept from the communion, till they have done all that is here directed by the church, which they may weU do, considering that this exhortation shall be read in the church the Sunday or holyday before. Reply. But we can and do desire that many that have a troubled conscience, and cannot otherwise quiet it, should come to the communion for remedy, and not be discouraged or kept away. § 6. [Exc. 3.] Minister's turning. Atis. The minister's turning to the people is not most convenient throughout the whole ministration. When he speaks to them, as in Lessons, Absolution, and Benedictions, it is convenient that he turn to them. When he speaks for them to God, it is fit that they should all turn another way, as the ancient church ever did : the reasons of which you may see, Aug. lib. 2, de Ser. Dom. in Monte. Reply, It is not yet understood by us why the ministers or people (for which you mean by "they all" we know not) should turn another way in prayer : for we think the people should hear the prayers of the minister, if not, Latin prayers may serve ; and then you need not except against extemporate prayers, because the people cannot own them, for how can most of them own what they hear not, whatever it be?- As for Augustine's reason for looking towards the east when we pray, Ut admoneatur animus ad naturam excellentiorem se con- vertere, id est, ad Dominum; cum ipsum corpus ejus, quod est terrenum, ad corpus excellentius, id est, ad corpus cosleste 314 Rejoinder of the Ministers [1661, convertitur, -we suppose you will not expect that" we should be much moved by it; if we should, why should not we worship towards any of the creatures visible, when we can pretend such reasons for it as minding us of superior things ? And why should we not look southward when the sun is in the south ? And we fear the worshipping towards the sun, as represent ing or minding us of Christ's heavenly body, is too like to the prohibited worshipping before an image, and too like that worshipping before the host of heaven, in which the old idolatry consisted, or at least which was the introduction of it ; of which our Protestant -writers treat at large against the papists, on the point of image-worship. See also Vossius de Idolatria, Ub, ii, cap, 33, Sec, § 7. Exc. 4, Ans. It appears by the greatest evidences of antiquity, that it was upon the 35th day of December, S, Aug, in Psa, cxxxii. Reply. It is not Aug. alone in Psa. cxxxii that must tell us which way the greatest evidences of antiquity go; and his reasoning that John must decrease, and Christ must increase, as proved by John's being born when the days decrease, and Christ's being born when the days increase, doth not much invite us to receive his testimony. We conceive the ancient opinion of Jerusalem, and other eastern churches that were nearest to the place, is a greater argument for the contrary than you have here given us for what you thus affirm. We might set Epiphanius against Augustine, and caU the Greek churches, till in the midst of Chrysostom's time, when they changed their opinion. And in our time the judgment of the famous chronologers, Scaliger, Berraldus, Broughton, Calvisius, Capellus, Clopenburgius, with many others, are not contemptible, as set against such an unproved assertion as this, § 8, [Exc, 5.] "That our sinful bodies," Sec, Ans. It can no more be said those words do give greater efficacy to the blood than to the body of Christ, than when our Lord saith, " This is my blood which is shed for you and for many 1661.] to the Answer of the Bishops. 315 for the remission of sins," etc., and saith not so explicitly of the body. Reply. Sure Christ there intimateth no such distinction as is here intimated : there his body is said to be broken for us^ and not only for our bodies. § 9. [Exc. 7.] To every communicant kneeling. Ans. It is most requisite that the minister deliver the bread and wine into every particular communicant's hand, and repeat the words in the singular number; for so much as it is the propriety of sacraments to make particular obsignation to each believer, and it is our visible profession that, by the grace of God, Christ tasted death for every man. Reply. 1. Did not Christ know the propriety of sacraments better than we, and yet he delivered it in the plural number to all at once, with a take ye, eat ye, drink ye all of it ; we had rather study to be obedient to our Master, than to be -wiser than he. 3. As God maketh the general offer, which giveth to no man a personal interest, tUl his own acceptance first appropriate it ; so it is fit that the minister that is God's agent imitate him, when his example and the reason of it so con cur to engage us to it; Clemens Alexandr. Stromat.,lib.i,Prope, in it giveth a reason, as we understand him, for the contrary ; that man being a free agent, must be the chooser or refuser for himself, avrov h' sxusov rov "kaou Xa^sTv rrjv (Jbol^uv 'sTitTTgiTeiv. Quemadmodum eucharistiam cum quidem, ut mos est diviserint, permittunt unicuique ex populo ejus partem sumere: and after rendereth this reason, kpistj ya,§ Tgog rijv a«p//3^ ai§riaiv zoci pvytjii rj avvii^ntjig: ad accurate enim per- fecteque eligendum ac fugiendum, optima est conscientia. And that thing is so agreeable to yomr own doctrinal prin ciples, that we fear you disrelish it, because it comes from us. § 10. Kneel at sacr. [Exc. 8.] Ans. Concerning kneeling at the sacrament we have given account already; only thus much we add, that we conceive it an error to say that the Scripture affirms the apostles to have received not kneeUng. The posture of the paschal supper we know ; but the institu tion of the holy sacrament was after supper ; and what posture 316 Rejoinder of the Ministers [1661. was then used, the Scripture is silent. The rubric at the end of the [first Book of Common Prayer, Edw. VI, 1549,] that leaves kneeling, crossing, Sec, indifferent, is meant only at such times as they are not prescribed and required. But at the eucharist kneeling is expressly required in the rubric following. Reply. Doubtless, when Matthew and Mark say it was as they did eat, to which before it is said, that they sat down ; and when interpreters generaUy agree upon it, this would easily have satisfied you, if you had been as wiUing to beUeve it, as to believe the contrary. Matt, xxvi, 30, 31, 36 : the same phrase is used verse 36, as in verse 31, where it sheweth, they were still sitting. For the sense of the rubric if you prove that the makers so interpret it, we shall not deny it; but the reason of both seems the same. § 11, Com [municate] three times a year. [Exc. 9.] Ans. This desire to have the parishioners at liberty, whether they will ever receive the communion or not, savours of too much neglect and coldness of affection towards the holy sacrament. It is more fitting that order should be taken to bring it into more frequent use, as it was in the first and best times. Our rubric is directly according to the ancient Council of Eliberis, can. 81. (Gratian de Consecrat.) No man is to be accounted a good catholic Christian that does not receive three times in the year. The distempers which indispose men to it must be corrected, not the recei-ring of the sacrament therefore omitted. It is a pitiful pretence to say they are not fit, and make their sin their excuse. Formerly our church was quarrelled at for not compelling men to the communion; now for urging men. How should she please ? Reply. We confess it is desirable that all our distempers and unfitnesses should be healed ; and we desire with you that sacraments may be oftener : but that every person in the parish that is unfit, be forced to receive, is that which we cannot concur with you to be guUty of. Two sorts we think unfit, to be so forced at least. First, abundance of people, grossly ignorant and scandalous, that wiU eat and drink 1661,] to the Answer of the Bishops. 317 judgment to themselves, not discerning the Lord's body. Secondly, many melancholy, and otherwise troubled^doubting souls, that if they should receive the sacrament before they find themselves more fit, would be in danger to go out of their wits, with fear, lest it would seal them to destruction, and as the liturgy saith, lest the de-vil enter into them as into Judas : or at least it would grievously deject them. As formerly, so now, there is great reason at once to desire, that the unpre pared he not forced to the sacrament, ard yet that so great a part of the body of the church may not be let alone in your communion, without due admonition and discipline, that ordinarily neglect or refuse the church's communion in this sacrament : those that are so profane should be kept away, but -withal they should be proceeded with by discipline, tiU they repent, or are cast out of the church, § 12. Ans, This rubric is not the liturgy of Queen EUzabeth, nor confirmed by law ; nor is there any great need of restoring it, the world being now in more danger of profa nation than of idolatry. Besides, the sense of it is declared sufficiently in the 28th Article of the Church of England. The time appointed we conceive sufficient. Reply. Can there be any hurt or danger in the people's being taught to understand the church aright ? Hath not Bishop Hall taught you in his life of a Romanist beyond sea, that would have faced him down, that the church of England is for transubstantiation, because of our kneeling, p. 20 ? And the same bishop (greatly differing from you) saith in the same book, p. 294, " hut to put all scruples out of the mind of any reader concerning this point, let that serve for the upshot of aU, which is expressly set down in the fifth rubric in the end of the communion set forth, as the judgment of the church of England, both in King Edward and Queen EUzabeth's times (note that) though lately upon negligence (note upon negligence) omitted in the impression;" and so recites the words. ' Where you say, there is no great need. Sec. We reply, 1. Profaneness may be opposed nevertheless for our instructing the people against idolatry. 2. The abounding of 318 Rejoinder of the Ministers [1661, papists, who in this point seem to us idolatrous, sheweth that there is danger of it, 3, The commonness of idolatry throughout the world, and the case of the Israelites of old, shew that man's nature is prone to it, 4, Profaneness and idolatry befriend each other; as God is jealous against idolatry, so should all faithful pastors of the church be, and not refuse such a caution to the people and say, there is no great need of it, PUBLIC BAPTISM, § 1, [Exc, 1,] "UntU they have made due profession of repentance," Sec, Ans. We think this desire to be very hard and uncharitable, punishing the poor infants for the parents' sakes, and giving also too great and arbitrary a power to the minister to judge which of his parishioners he pleaseth atheists, infidels, heretics. Sec, and then in that name to reject their chUdren from being baptized. Our church concludes more charitably, that Christ wiU favourably ac cept every infant to baptism, that is presented by the church according to our present order. And this she con cludes out of holy Scripture (as you may see in the office of baptism) according to the practice and doctrine of the catholic church, (Cypr, Ep, 59, August. Ep. 38, et de verb. Apost, Serm. 14,) Reply. We perceive you wiU stick with us in more than ceremonies. To your reasons we reply, 1, By that reason, all the children of aU heathens or infidels in the world should be admitted to baptism; because they should not be punished for the parents' sakes, 3, But we deny that it is (among Christians that beUeve original sin) any absurdity to say, that children are punished for their parents' sakes, 3, But yet we deny this to be any such punishment at all, unless you wiU call their non-deliverance a punishment. They are the chUdren of wrath by nature, and have original sin. The covenant of grace that giveth the saving benefits of Christ, is made to none but the faithful, and their seed, WUl you call 1661.] to the Answer of the Bishops. 319 this a punishing them for their fathers' sakes, that God hath extended his covenant to uo more ? Their parents' infidelity doth but leave them in their original sin and misery, and is not further itself imputed to them. If you know of any covenant or promise of salvation made to all without condi tion, or to infants, or on any other condition or quaUfication, but that they be the seed of the faithful dedicated to God ; you should do well to shew it us, and not so slightly pass over things of so great moment, in which you might much help the world out of darkness, if you can make good what you intimate. If indeed you mean as you seem to speak, that it is uncharitableness to punish any infants for the parent's faults, and that a non-liberation is such a punishment ; then you must suppose that aU the infants of heathens, Jews, and Turks are saved (that die in infancy,) or else Christ is uncharitable. And if they are aU saved without baptism, then baptism is of no such use, or necessity, as you seem to think. What then is the pri-vUege of the seed of the faithful, that they are holy, and that the covenant is made with them, and God vriU be their God ? We fear you wiU again revive the opinion of the Anabaptists among the people, when they observe that you have no more to say for the baptizing of the children of the faithful, than of infidels, heathens, and atheists. To your second objection we answer, you will drive many a faithful labourer from the work of Christ, if he may not be in the ministry unless he wiU bap tize the chUdren of heathens, infidels, and excommunicate ones, before their parents do repent. And the first question is not, who shall be the judge? But, whether we must be aU thus forced? Is not the question as great, who shaU be the judge of the unfitness of persons for the Lord's supper? And yet, there, you think it not a taking too much upbn us to keep away the scandalous, if they have their appeals to you? And is it indeed a power too great and arbitrary to \iaye a judicium discretionis about our own acts; and not to be forced to baptize the children of heathens against our consciences ? Who judged for the baptizers in the primitive 330 Rejoinder of the Ministers [1661, church, what persons they should baptize ? We act but as engines under you, not as men, if we must not use our reason ; and we are more miserable than brutes or men, if we must be forced to go against our consciences, unless you will save us harmless before God, O that in a fair debate you would prove to us that such children as are described are to be baptized, and that the ministers that baptize them, must not have power to discern whom to baptize. But who mean you by the churches, that must present every infant that Christ may accept them ? Is every infant first in the promise of pardon ? If so, shew us that promise, and then sure God will make good that promise, though heathen parents present not their children to him, as your grounds suppose; if not, then will the sign save those that are not in the promise ? But is it the godfathers that are the church ? Who ever called them so ? And if by the church you mean the minister, and by presenting, you mean baptizing them, then any heathen's chUd that a minister can catch up and baptize shall be saved : which, if it could be proved, would persuade us to go hunt for children in Turkey, Tartary, or America, and secretly baptize them, in a habit that should not make us known. But there is more of fancy than charity in this ; and Christ never invited any to him but the chUdren of the promise to be thus presented and baptized, § 3, [Exc, 3.] The time appointed we conceive sufficient. Reply. We conjecture the words that conclude your former subject being misplaced, are intended as your answer to this: and if all the children of any sort in the world that are brought to us, must by us be baptized without dis tinction, indeed it is no great matter what time we have notice of it. § 3. [Exc. 3.] "And the godfathers," Sec. Ans. It is an erroneous doctrine, and the ground of many others, and of many of your exceptions, that children have no other right to baptism, than in their parents' right. The church's primitive practice forbids it to be left to the pleasure of parents, whether there shall be other sureties or no, (S, Aug, Ep. 33.) It is 1661.] to the Answer of the Bishops. 331 fit we should observe carefully the practice of venerable anti quity, as they desire. Prop. 18, Reply. It seems we differ in doctrine, though we subscribe the same articles. We earnestly desire you distinctly to tell us, what is the infant's title to baptism, if it be not to be found in the parent? Assign it, and prove it when you have done, as weU as we prove their right, as they are the seed of believers, dedicated by them to God, and then we promise to consent. It is strange to us to hear so much of the churches' primitive practice, where so little evidence of it is produced. Aug., Ep. 33, talketh not of primitive practice : ab initio non fuit sic. Was it so in the apostles' days ? And afterwards you prove not that it was the judgment of the catholic church, that bare sponsors instead of parents. Pro-parents, or owners of the children, might procure to the children of all infidels, a title to baptism and its benefits. Such suscep- tors as became the owners or adopters of the children, are to be distinguished from those that pro forma stand by for an hour during the baptizing of the children, and ever after leave them to their parents; who, as they have the natural interest in them, and power of their disposal, and the education of them, so are fittest to covenant in their names. § 4. [Exc. 4.] Ans. The font usuaUy stands, as it did in primitive times, at or near the church door, to signify that baptism was the entrance into the church mystical ; " we are all baptized into one body " (1 Cor. xii, 13) ; and the people may hear well enough. If Jordan, and all other waters, be not so far sanctified by Christ as to be the matter of baptism, what authority have we to baptize ? And sure his baptism was dedicatio baptismi. Reply. Our less difference of the font and flood Jordan, is almost drowned in the greater before going. But to the flrst we say that we conceive the usual situation for the people's hearing is to be preferred before your ceremonious position of it. And to the second we say, that dedicatio baptismi is an unfitting phrase ; and yet, if it were not, what is that to the 333 Rejoinder of the Ministers [1661, sanctification of Jordan, and all other waters? Did Christ sanctify all corn or bread, or grapes or wine, to an holy use, when he administered the Lord's supper? Sanctifying is separating to an holy use. But the flood Jordan, and all other water, is not separated to this holy use, in any proper sense, no more than all mankind is sanctified to the priestly office, because men were made priests. § 5. [Exc. 5.J Ans. It hath been accounted reasonable, and allowed by the best laws, that guardians should covenant and contract for their minors to their benefit. By the same right, the church hath appointed sureties to undertake for children, when they enter into covenant with God by bap tism. And this general practice of the church is enough to satisfy those that doubt. Reply. 1. Who made those sureties guardians of the infants, that are neither parents nor pro-parents, nor owners of them ? We are not now speaking against sponsors; but you know that the very original of those sponsors is a great controversy : and whether they were not at first most properly sponsors for the parents that they should perform that part they undertook, because many parents were deserters, and many proved negligent. Sponsors then excluded not parents from their proper undertaking, but joined with them. God fathers are not the infants' guardians with us, and therefore have not power thus to covenant and vow in their name. We intreat you to take heed of leaving any children, indeed, out of the mutual covenant that are baptized. How are those in the covenant, that cannot consent themselves, and do it not by any that truly represent them, nor have any authority to act as in their names ? The authority of parents being most un questionable (who by nature, and the word of God, have the power of disposing of their children, and consequently of choosing and covenanting for them), why should it not be preferred ? At least you may give leave to those parents that desire it, to be the dedicators of and covenanters for their own children, and not force others on them, whether they wUl or no. 3. But the question is not of covenanting, but 1661.] to the Answer of the Bishops. 323 professing present, actual beUeving, forsaking, &c., in which though we believe the church's sense was sound, yet we desire that all things that may render it liable to misunderstanding may be avoided, & 6. [Exc. 6.] " Receive remission of sins by spiritual re generation." Ans. Most proper, for baptism is our spiritual regeneration, St. John iii, " Unless a man be born again of water and the Spirit," Sec. And by this is received re mission of sins, Acts ii, 38. " Repent and be baptized every one of vou, for the remission of sins." So the creed : " One baptism for the remission of sins." Reply. Baptism, as an outward administration, is our visible sacramental regeneration : baptism, as containing, with the sign, the thing signified, is our spiritual, real regene ration. As we are regenerated before baptism (as you know adult believers are) , so we cannot pray to receive remission of sins by that same regeneration renewed. As we are regener ated really in baptism, that regeneration and remission are conjunct benefits. But if baptism at once give regeneration and remission, it follows not that it gives remission by re generation : but as regeneration comprehendeth the whole change, real or physical, and relative ; so we acknowledge, that, as the part is given by the whole, you may say that re mission is given by regeneration, but more fitly in it than by it. But we are not willing to make more ado about words than needs. § 7. [Exc. 7.] " We cannot in faith say that every chUd that is baptized is regenerate," Sec. Ans. Seeing that God's sacraments have their effects, where the receiver doth not ponere obicem, put any bar against them (which children cannot do) ; we may say in faith of every child that is baptized, that it is regenerated by God's Holy Spirit; and the denial of it tends to anabaptism, and the contempt of this holy sacrament, as nothing worthy, nor material, whether it be administered tb chUdren or no. Concerning the cross, we refer to our answer to the same in general. T 3 334 Rejoinder of the Ministers [1661. Reply. All God's sacraments attain their proper end. But whether the infants of infidels be the due subjects, and whether their end be to seal up grace and salvation to them that have no promise of it, or whether it be only to seal the covenant to believers and their seed, are questions yet unde cided, wherein we must intreat you not to expect that we should implicitly believe you ; and it is as easy for us to teU you, that you are promoting anabaptism, and much more easy to prove it. We take those but for words of course, PRIVATE BAPTISM, "We desire that baptism may not be administered in a private place." Ans. And so do we, where it may be brought into the public congregation. But since our Lord hath said,- St. John iii, "Unless one be born of water and the Holy Ghost, he cannot enter into the kingdom of heaven," we think it fit that they should be baptized in private, rather than not at all. It is appointed now to be done by the lawful minister. Reply. We must needs suppose you are disputing with Protestants, who ordinarily shew the Papists, that that text, John iii, asserteth no absolute necessity of baptism to salvation. But we believe as well as you, that it is the regular way of solemn initiation into the covenant and church of Christ, which none that indeed are the children of the promise should neglect. As coronation solemnizeth his entrance upon the kingdom, that had before the title ; and as marriage solem nizeth that which before was done by consent; so baptism solemnizeth the mutual covenant, which before had a mutual consent : and none is authorised to consent for infants but those that by nature, and God's law, have the power of dis posing of them, and whose will is in sensu forensi, the children's will : it solemnly investeth us in what we had an antecedent right to, and therefore belongs to none but those that have that right ; and this we are ready to make good by- any fair debate that you wiU allow us. 166] .] to the Answer of the Bishops. 335 Ans. Nor is anything done in private, reiterated in public, but the solemn reception into the congregation, with the prayers for him, and the public declaration before the congre gation, of the infant, now made by the godfathers, that the whole congregation may testify against him, if he does not perform it, which the ancients made great use of. Reply. Do you not say in the rubric " and let them not doubt, but the chUd so baptized is lawfully and sufficiently baptized, and ought not to be baptized again." And after, " I certify you that in this case all is well done. Sec." And yet you do not renew all the baptismal covenant, renouncing the flesh, &c., and engaging into the Christian belief; and that you may see that the church of England taketh not all infants infallibly to be regenerated by baptism (unless you grant that they repent to the substance of baptism) the baptismal prayer is here used, for the fore-baptized, that God will give his Holy Spirit to this infant, that he being born again, and made heir of everlasting salvation, Sec, which sheweth that he is now supposed to be regenerandus, non regeneratus. Do they pray for his regeneration, whom they account regenerate already? You must either confess that there they repeat much of the substance of baptism, and take the child as not baptized, or else that they take the baptized child to be not regenerate. And then we may well take them for unregene- rate, that shew no signs of it, at years of discretion, but live a carnal and ungodly life, though they can say the Catechism, and seek confirmation. OF THE CATECHISM. § 1. [Exc 1.] Ans. 2. Though divers have been of late baptized without godfathers, yet many have been baptized with them ; and those may answer the questions as they are ; the rest must answer according to truth. But there is no reason to alter the rule of the Catechism for some men's irregu larities. Reply. If you wiU have a Catechism proper to those that 326 Rejoinder of the Ministers [1661. had godfathers, give leave to others to use one that will teach them, as you say, to answer according to truth : and let us, in the same, have that liberty of leaving out the doubtful opinion of godfathers and godmothers, and that which we think too childish a beginning, — "what is your name?" and let us use one that speaks more of the necessary doctrines of salvation, and nothing but necessaries. § 2. Ans. 2. [" Wherein I was made a member of Christ," Sec. Exc. 2. J We conceive this expression as safe as that which they desire, and more fully expressing the efficacy of the sacrament, according to St. Paul, the 26 and 27, Gal iii, where St. Paul proves them all to be children of God, because they were baptized, and in their baptism had put on Christ; "if children, then heirs," or, which is all one, "inheritors," Rom. viii, 17. Reply. By baptism Paul means not the carcase of baptism, but the baptismal dedication, and covenanting with God; they that do this by themselves, if at age, or by parents or pro-parents authorized (if infants) sincerely, are truly mem bers of Christ and children of God, and heirs of heaven; they that do this but hypocritically, and verbally, as Simon Magus did, are visibly such as the others are really : but really are still in the gall of bitterness, and bond of iniquity, and have no part or lot in this business, their hearts being not right in the sight of God. This is that truth which we are ready to make good. § 3. Ten com [mandments] [Exc. 3.] An^. We conceive the present translation to be agreeable to many ancient copies : therefore the change to be needless. Reply. What ancient copy hath the seventh day in the end of the fourth commandment, instead of the sabbath day? Did King James cause the Bible to be new translated to so little purpose? W^e must bear you witness that, in some cases, you are not given to change. § 4. [Exc. 4.] " My duty towards God," Sec Ans. It is not true that there is nothing in that answer which refers to the fourth commandment : for the last words of the answer 1 661.] to the Answer of the Bishops. 327 do orderly relate to the last commandment of the first table, which is the fourth. Reply. And think you, indeed, that the 4th commandment obligeth you no more to one day in seven, than equally to aU the days of your life ? This exposition may make us think that some are more serious, than else we could have imagined, in praying after that commandment, Lord have mercy upon us, and incline our hearts to keep this law. § 5. [Exc. 5.] "Two only as generally necessary to sal vation," Sec. Ans. These words are a reason of the answer, that there are two only, and therefore not to be left out. Reply. The words seem to imply by distinction, that there may be others not so necessary : and the Lord's supper was not by the ancients taken to be necessary to the salvation of all. § 6. [Exc. 6.] " We desire that the entering of infants," &c. Ans. The effect of children's baptism depends neither upon their own present actual faith and repentance (which the Catechism says expressly they cannot perform) , nor upon the faith and repentance of their natural parents or pro- parents, or of their godfathers or godmothers ; but upon the ordinance and institution ot Christ. But it is requisite that when they come to age they should perform these conditions of faith and repentance, for which also their godfathers and godmothers charitably undertook on their behalf. And what they do for the infant in this case, the infant himself is truly said to do, as in the courts of this kingdom daily the infant does answer hy his guardian : and it is usual for to do homage by proxy, and for princes to marry by proxy. For the further justification of this answer, see St. Aug. Ep. 23. ad. Bonifac. Nihil aliud credere, quam fidem habere : ac per hoc cum respondetur parvulum credere, qui fidei nondum habet efectum, respondetur fidem habere propter fidei sacramentum, et convertere se ad Deum propter conversionis sacramentum. Quia et ipsa responsio ad celebrationem pertinet sacramenti. Itaque parvulum etsi nondum fides ilia, qua in credentium voluntate consistit, tamen ipsius fidei sacramentum, fidelem facit. 328 Rejoinder of the Ministers [1661, Reply. 1. You remove not at all the inconvenience of the words, that seem to import what you yourselves disclaim. 3, We know that the effects of baptism do depend on all the necessary con-causes, on God's mercy, or Christ's merits, on the institution, and on baptism itself according to its use, as a delivering investing sign and seal ; and they depend upon the promise sealed by baptism ; and the promise supposeth the qualified subject, or requisite condition in him, that shaU have the benefit of it. To tell us therefore of a common cause, on which the effect depends, viz., the institution of baptism itself, when we are inquiring after the special con dition that proveth the person to be the due subject, to whom both promise and baptism doth belong; this is but to seem to make an answer. Either all baptized absolutely are justi fied and saved, or not. If yea, then Christianity is another kind of thing than Peter or Paul understood, that thought it was not the washing of water, but the answer of a good con science to God. Then let us catch heathens and dip them, and save them in despite of them. But if any condition be requisite (as we are sure there is) our question is, what it is ? and you tell us of baptism itself. Did ever Augustine [teach that every one baptized] jure, vel injuria, was to be esteemed a believer ? We grant with Austin, that infants of believers, propter sacramentum fidei, are -visibly and pro fessedly to be numbered with believers ; but neither Austin, nor we, will ever grant you that this is true of all that you can catch, and use this form of baptism over. The seal wUl not save them that have no part in the promise. § 7. [Exc. 7.] Ans. The Catechism is not intended as a whole body of divinity, but as a comprehension of the articles of faith, and other doctrines most necessary to salvation; and being short, is fittest for children and common people, and, as it was thought, sufficient upon mature deliberation, and so is by us. Reply. The creed, the decalogue, and the Lord's prayer, contain all that is absolutely necessary to salvation at least. If you intended no more, what need you make a Catechism ? 1661.] to the Answer of the Bishops. 329 If you intend more, why have you no more? But, except in the very words of the creed, the essentials of Christianity are left out. If no explication be necessary, trouble them with no more than the text of the creed, Sec. If expUcation be necessary, let them have it; at least in a larger Catechism, fitter for the riper. CONFIRMATION, § 1. Rub, 1. [Exc. 1.] Ans. It is evident that the mean ing of these words is, that chUdren baptized, and dying before they commit actual sin, are undoubtedly saved, though they be not confirmed : wherein we see not what danger there can be of misleading the vulgar by teaching them truth. But there may be danger in this desire of having these words expunged, as if they were false ; for St. Austin says he is an infidel that denies them to be true. Ep. 33, ad Bonifac Reply. What? all children saved, whether they be chUdren of the promise or no ? Or can you shew us a text that saith whoever is baptized shaU be saved? The Common Prayer book plainly speaks of the non-necessity of unction, confir mation, and other popish ceremonies and sacraments, and meaneth that ex parte ecclesia, they have all things necessary to salvation, and are undoubtedly saved, supposing them the due subjects, and that nothing be wanting ex parte sui ; which certainly is not the case of such as are not children of the promise and covenant. The child of an heathen doth not ponere obicem actually, quo minus baptizetur, and yet being baptized is not saved, on your own reckoning (as we under stand you) ; therefore the parent can ponere obicem, and either hinder the baptism, or effect, to his infant. Austin speaks not there of all children whatever, but those that are offered per aliorum spiritualem voluntatem, by the parents usually, or by those that own them after the parents be dead, or they [be] exposed, or become theirs. He speaks also of what may be done, et de eo quod fieri non posse arbitratur. But our question is, what is done? and not, what God can 330 Rejoinder of the Ministers [1661, do. Our great question is, what children they he that baptism belongeth to ? § 3. " Rub. after the Catechism," [Ex, 3,] " We con ceive that it is not a sufficient qualification," Sec, Ans. We conceive that this qualification is required rather as necessary than as sufficient ; and therefore it is the duty of the minister of the place (can. 61) to prepare children in the best manner to be presented to the bishop for confirmation, and to inform the bishop of their fitness ; but submitting the judgment to the bishop, both of this, and other qualifications, and not that the bishop should be tied to the minister's consent. Compare this rubric to the second rubric before the cate chism, and there is required what is further necessary and sufficient. Reply, 1. If we have all necessary ordinarily, we have that which is sufficient ad esse : there is more ordinarily necessary than to say those words. 3. Do you owe the king no more obedience? Already do you contradict his Declaration, which saith, confirmation shall be performed by the information, and with the consent of the minister of the place ! But if the minister's consent shall not be necessary, take all the charge upon your own souls, and let your souls be answerable for all. § 3. [Exc. 3.] " They see no need of godfathers." Ans. Here the compilers of the liturgy did, and so doth the church, that there may be a witness of the confirmation. Reply. It is like to be your own work as you wiU use it, and we cannot hinder you from doing it in your own way. But are godfathers no more than witnesses ? Sec § 4. [Exc. 4.] "This supposeth that all children," &c Ans. It supposeth, and that truly, that all children were at their baptism regenerate by water and tbe Holy Ghost, and had given unto them the forgiveness of all their sins: and it is charitably presumed that, notwithstanding the frailties and slips of their chUdhood, they have not totally lost what was in baptism conferred upon them ; and therefore adds, " Strengthen them, we beseech thee, O Lord, with the 1661.] to the Answer of the Bishops. 331 Holy Ghost the Comforter, and daUy increase in them their manifold gifts of grace," Sec None that Uves in open sin ought to be confirmed. Reply. 1. ChUdren, baptized without right, cannot be presumed to be reaUy regenerate and pardoned, 3. We speak only of those that, by Uving in open sin, do show them selves to be unjustified, and these you confess should not be confirmed. 0 that you would but practise that : if not, this confession wUl witness against you. & 5. [Exc. 5.] " Rubric before the imposition of hands." Ans, Confirmation is reserved to the bishop in honorem ordinis, to bless being an act of authority. So it was of old : St. Hierom, Dial, adv, Lucifer, says it was totius orbis consensio in hanc partem : and St. Cyprian to the same purpose, Ep. 73 ; and our church doth everywhere profess, as she ought, to conform to the catholic usages of the primitive times, from which causelessly to depart, argues rather love of contention than of peace. The re serving of confirmation to the bishop doth argue the dignity of the bishop above presbyters, who are not allowed to con firm, but does not argue any excellency in confirmation above the sacraments. St. Hierom argues the quite contrary (ad Lucif. c. 4.) : — That because baptism was allowed to be performed by a deacon, but confirmation only by a bishop, therefore baptism was most necessary, and of the greatest value : the mercy of God aUowing the most necessary means of salvation to be administered by inferior orders, and res training the less necessary to the higher, for the honour of their order. Reply. 0 that we had the primitive episcopacy, and that bishops had no more churches to oversee than in the primitive times they had ; and then we would never speak against this reservation of confirmation to the honour of the bishop. But when that bishop of one church is turned into that bishop of many hundred churches ; and when he is now a bishop of the lowest rank, that was an archbishop, when archbishops first came up, and so we have not reaUy existent 333 Rejoinder of the Ministers [1661, any mere bishops (such as the ancients Knew) at all, but only archbishops and their curates, marvel not, if we would not have confirmation proper to archbishops, nor one man undertake more than a hundred can perform ! But if you wUl do it, there is no remedy. We have to acquit ourselves. § 6. [Exc, 6.] Ans. Prayer after the imposition of hands is grounded upon the practice of the apostles (Heb. vi, 3; and Acts viii, 17;) nor doth 35th article say that confirmation is a corrupt imitation of the apostles' practice, but that the five commonly called sacraments have ground partly of the corrupt following the apostles. Sec, which may be applied to some other of these five, but cannot be applied to confirmation, unless we make the church speak contradictions. Reply. But the question is not of imposition of hands in general, but this imposition in particular; and you have never proved, that this sort of imposition, called confirma tion, is mentioned in those texts : and the 35th article cannot more probably be thought to speak of any one of the five as proceeding from the corrupt imitation of the apostles, than of confirmation as a supposed sacrament. § 7. [Exc. 7.] Ans. We know no harm in speaking the language of holy Scripture (Acts viii, 15,) "they laid their hands upon them, and they received the Holy Ghost." And though mposition of hands be not a sacrament, yet it is a very fit sign, to certify the persons what is then done for them, as the prayer speaks. Reply. It is fit to speak the Scripture language in Scrip ture sense ; but if those that have no such power to give the Holy Ghost will say, receive the Holy Ghost, it were better for them to abuse other language than Scripture language. § 8. [Last rubric] after confirmation. [Exc. 8.] Ans. There is no inconvenience that confirmation should be required before the communion, when it may be ordinarily obtained. That which you here fault, you elsewhere desire. Reply. We desire that the credible approved profession of faith, and repentance, be made necessaries : but not that aU 1661.] to the Answer of the Bishops. 333 the thousands in England that never yet came under the bishops' hands (as not one of many ever did, even when they were at the highest) may be kept from the Lord's supper : for some cannot have that imposition, and others will not, that yet are fit for communion with the church. [solemnization of MATRIMONY.] § 1. [Exc. 1.] Ans. The ring is a significant sign, only of human institution, and was always given as a pledge of fidelity and constant love : and here is no reason given why it should be taken away ; nor are the reasons mentioned in the Roman rituaUsts given in our Common Prayer book. Reply. We crave not your own forbearance of the ring; but the indifferency in our use of a thing so mis-used, and unnecessary. § 3. Exc. 3. Ans. These words, "in the name of the Father, Son, and Holy Ghost," if they seem to make matrimony a sacrament, may as weU make all sacred, yea civU actions of weight to be sacraments, they being usual at the beginning and ending of all such. It was never heard before now that those words make a sacrament. Reply. Is there no force in an argument drawn from the appearance of evil, the offence and the danger of abuses, when other words enow may serve turn ? § 3. [Exc 5.] Ans, They go to the Lord's table because the communion is to follow. Reply. They must go to the table, whether there be a com munion or not. § 4. Col. [Exc. 6.] " Consecrated the estate of matrimony to such an exceUent mystery," Sec, Ans, Though the institu tion of marriage was before the fall, yet it may be now, and is, consecrated by God to such an excellent mystery as the representation of the spiritual marriage between Christ and his church, Eph, v, 33. We are sorry that the words of Scripture wiU not please. The church, in the 35th article, hath taken away the fear of making it a sacraiment. 334 Rejoinder of the Ministers [1661, Reply. When was marriage thus consecrated? If all things, used to set forth Christ's offices, or benefits, by way of similitude, be consecrated ; then a judge, a father, a friend, a vine, a door, a way, Sec, are all consecrated things : Scripture phrase pleaseth us, in Scripture sense. § 5. Rub. [Exc. 7.] " The new married persons the same day of their marriage must receive the holy communion." Ans. This inforces none to forbear marriage, but presumes (as well it may) that all persons marriageable ought to be also fit to receive the holy sacrament ; and marriage being so solemn a covenant of God, they that undertake it in the fear of God wiU not stick to seal it by receiving the holy communion, and accordingly prepare themselves for it. It were more Christian to desire that those licentious festivities might be suppressed, and the communion more generally used by those that marry: the happiness would be greater than can easily be expressed. Unde sufficiamus ad enarrandam felicitatem ejus matrimonii, quod ecclesia conciliat, et confirmat oblatio. Tertull. lib. 3, ad Uxorem. Reply. Indeed ! -will you phrase and modify your adminis trations upon such a supposition, that all men are such as they ought to be, and do what they ought to do ? Then take all the world for saints, and use them accordingly, and blot out the doctrine of reproof, excommunication, and damnation from your Bibles ! Is it not most certain that very many married persons are unfit for the Lord's supper, and wiU be when you and we have done our best ? And is it fit then to compel them to it? But the more unexpected the more wel come is your motion, of that more Christian course of sup pressing of licentious festivities. When shall we see such reformation undertaken ? VISITATION OF THE SICK. § 1. [Exc, 1.] "Forasmuch as the condition," Sec. Ans, All which is here desired is already presumed, namely, that the minister shall apply himself to the particular condition of 1661.] to the Answer of the Bishops. 335 the person ; but this must be done according to the rule of prudence and justice, and not according to his pleasure. Therefore, if the sick person shew himself truly penitent, it ought not to be left to the minister's pleasure to deny him absolution, if he desire it. Our church's direction is accord ing to the 13th canon of the venerable council of Nicsea, both here and in the next that follows. Reply. But the question is, whether he shew himself truly penitent or not. If we have not, here neither, a judgment of discretion for the conduct of our own actions, what do we with reason ? Why are we trusted in the office, and whose judgment must we foUow ? The bishop cannot have leisure to become the judge whether this man be penitent. It must, then, be the minister or the man himself. And must we absolve every man that saith he rep'uteth ? Then we must believe an incredible profession, which is against reason. Some are known infidels, and in their health profess that they believe not the Scripture to be true, and make a mock at Jesus Christ; and perhaps, in a sickness that they appre hend no danger in, wUl send for the minister in scorn, to say I repent, and force him to absolve them, that they may deride him and the gospel. Some of us have known, too, many of those that have for twenty or thirty years been common drunkards, seldom sober a week together, and still say, when they came to themselves, that they were sorry for it, and did unfeignedly repent; and as they said in health, so they said in sickness, dying within a few days or weeks after they were last drunk. Must we absolve all these ? Some die with a manifest hatred of an holy life, reviling at those that are careful to please God; yet saying they hate them not as holy, but because they are aU hypocrites, or the like : and yet wiU they say they repent of their sins. Some forbear not their accustomed swearing and cursing whUe they profess repentance. Some make no restitution for the wrong which they say they repent of. And must we take all these for truly penitent ? If not, the minister must judge. What you mean by your saying, " Our church's dfrection is accord- 336 Rejoinder of the Ministers [1661. ing to the 1 3th canon of the venerable council of Nicsea, both here and in the next that foUows," we know not : the second council of Nicsea you cannot mean (its canon being uncertain), and the 13th is of no such sense. And the 13th can. of the first council of Nicsea, is only that lapsed catechumens shall be three years inter and ientes before they pray again with the catechumens. This shews they then took not up with every word of seeming penitence as true repentance ; but what it is to your purpose we know not, nor is there any other canon in that council for you. The 11th canon is sufficiently against you. The lapsed, that truly repented, were to remain among the penitent for three years, and seven years more if they were fideles, Sec. Ab omnibus vero illud pracipue observetur, ut animus eorum, et fructus poenitentia attendatur : quicunque enim cum omni timore, et lacrimis perseverantibus, et operibus bonis, conversationem suam, non verbis solis sed opere et veri- tate demonstrant, cum tempus statutum etiam ab his fuerit im- pletum, et orationibus jam caperint communicare, licebit etiam episcopo humnnius circa res aliquot cogitare. We know this rigor as to time was unjust, and that to the dying it was abated : but you see here that bare words (that were not hy seriousness and by deeds made credible) were not to be taken as sufficient marks of penitence, of which it was not the person himself that was to be the judge. § 2. Exc. 2. Ans. The form of absolution in the liturgy is more agreeable to the Scriptures than that which they desire, it being said in St. John xx, " Whose sins you remit, they are remitted," not whose sins ybu pronounce remitted ; and the condition needs not to be expressed, being always necessarUy understood. Reply. It is a controversy among the learnedest expositors, how much that of John xx was proper to the apostles, and such others as were then to have the spirit in an extraordinary manner, who did remit sin effectively by remitting the punishment of it, by casting out devils, healing the sick, &c., according to that of James v, 14, 15. "Is any sick among you, let him caU for the elders of the church, and let them 1661.] to the Answer of the Bishops. 337 pray for him, and anoint him with oU in the name of the Lord; and the prayer of faith shall save the sick, and the Lord shall raise him up; and if he have committed sins, they shall be forgiven him." If, besides this remitting them effectually, the rest be no other than a ministerial pronouncing them forgiven by God according to his covenant in the gospel, then you cannot plead the phrase of a text, which respecteth another way of remission than we pretend to; but must phrase it according to the nature of the thing, and the sense ef other Scriptures also that fullier open it. There are three Ways of pardoning. 1. By grant or gift, whether by a general act of pardon or a particular. 3. By sentence. 3, By execution, that is, preventing or taking off the penalty. The first of these is done already by God in the gospel. The second God doth prineipaUy, and his ministers instrumentaUy as his messengers. The third (the taking off the penalty) they can do no otherwise, in the case before us, than by praying that God wUl take it off, and using his ordinary means. So that it is most evident that this absolution, that ministers are to perform, can be no other than to pronounce the penitent beUever to be absolved by God, according to his covenant. And if there be no other, should we not speak as inteUigibly as we can ? Indeed there is more in absolving the excommunicate; for then the church, both judiciously and executively, remitteth the penalty of excommunication (to which also the text, John xx, may have much respect), but the penalty of damnation can be no otherwise remitted by us, than as is expressed. And indeed the thing is of such ex ceeding weight, that it behoveth us to deal as intelligibly and openly in it as we can. And therefore we admire that you should say "the condition needs not be expressed, being always necessarUy understood." By necessarily do you mean necessitate naturali et irresistibili, so that all the wicked men in the world cannot choose but understand us to speak con- ditionaUy? Surely this is none of your meaning; if it were, it were far from truth. Or do you mean not de necessitate vel aetitudine eventus, but de debito ex obligatione? No 838 Rejoinder of the Ministers [1661. doubt but it is necessary as a duty, and also, adfinem, as a means ; and therefore it is that we desire it may be expressed. And doubtless you think not that all men do their duties, and understand all that they ought to understand — no, not in this particular. If you mean that all sick men may be rationaUy supposed to understand it ; this can never be believed by us that are acquainted personaUy (and have been) with so many of whom it is not true. How many think the minister's absolution, and the sacrament, will serve turn with their unsound, hypocritical repentance ! How easily is that understood absolutely, or as bad, while they take you to take it for granted that they have the condition which is absolutely expressed. COMMUNION OF THE SICK, Ans. It is not fit the minister should have power to deny this viation, or holy communion, to any that humbly desire it according to the rubric ; which no man disturbed in his wits can do, and whosoever does must in charity be presumed to be penitent, and fit to receive. Reply. There is no condition mentioned in the rubric, but that he be desirous to receive the communion in his house: " humbly " is not there. And why may not a man disturbed in his wits desire the communion? You deny things that ordi narUy fall out, and yet lay the weight of your cause on that denial. But why must we give the sacrament to those that have lived in gross ignorance, infidelity, and profaneness, and never manifested, credibly, that they repent ? You say that whosoever desireth the sacrament, according to the rubric, must in charity be presumed to be penitent. But where hath God commanded or approved so blind and dangerous an act as this, under the name of charity ? The ordinary observa tion of our lives, is not to be confuted by men's assertions : we know by sad experience, that there is abundance of the worst of men among us, that are desirous to receive the sacrament when they are sick, that give no credible evidence of true repentance ; but some in the ignorance, and deceit of their hearts; and some as conscious of their impiety, for ggl 1 to the Answer of the Bishops. 339 which they seek any shifting remedy to quiet their con sciences, for the time, are much more eager for this sacra ment in their sickness, than many better and more penitent persons. And must we judge all these penitent, and give them the sacrament as such ? We must needs profess that we think this course would not be the least effectual service unto Satan, to deceive poor sinners, and keep them from knowing their misery, and seeking aright after the true remedy in time. Pardon us, whUe we lay together the parts of your doctrine, as we understand it here delivered; and leave it to your consideration, what a church, and what a ministty it would make. 1. AU infants of any parents in the world that we can baptize, are undoubtedly regenerate, and in a state of life, and shall be saved, if they so die. 3. The Holy Ghost, and forgiveness of sin, being then given them, it is charitably presumed that they have not totally lost this, notwithstanding the frailties and slips of their child hood ; and so when they can say the Catechism, they are to be confirmed. 3. Being confirmed, they are to be admitted to the Lord's supper. 4. All that marry, and others, thrice a year must receive the Lord's supper, though unfit. 5. The minister must absolve aU the sick that say they repent (if we understand you) : for we suppose you allow not the minister to be judge. 6. This absolution must be absolutely expressed — I absolve thee from all thy sins — without the con dition — if thou repent and believe. 7. Whosoever desireth the communion in his sickness, must in charity be presumed to be penitent, and fit to receive. 8. The minister must not have power to forbear such baptizing, absolving, or delivering the communion as aforesaid. We now omit what is said of the dead at burial. And if this be not the ready way to hinder thousands from the necessary knowledge of their un renewed hearts and Uves, and from true repentance, and from valuing Christ as the remedy, and from making a necessary preparation for death ; and also the way to lay by abundance of faithful and conscionable ministers, that dare not take such a deceiving dangerous course ; we must confess ourselves z 2 340 Rejoinder of the Ministers [1661. much mistaken in the nature of man's corruption, and misety, and the use of God's ordinances for his recovery. THE BURIAL OF THE DEAD. § 1. Rub. 1. [Exc. 2.] Ans. It is not fit so much should be left to the discretion of every minister; and the desire that aU may be said in the church, being not pretended to be for the ease of tender consciences, but of tender head8,>may be helped by a cap better than a rubric. Reply. We marvel that you say nothing at all to our desire that it be expressed in a rubric, that prayers and exhortations there used, be not for the benefit of the dead, but only for the instruction and comfort of the living. You intend to have a very indiscreet ministry, if such a needless chrcumstance may not be left to their discretion. The contrivance of a cap instead of a rubric sheweth that you are all unacquainted with the subject of which you speak : and if you speak for want of experience of the case of souls, as you now do about the case of men's bodies, we could wish you some of our ex perience of one sort (by more converse with all the members of the flock) though not of the other. But we would here put these three or four questions to you. 1. Whether snch of ourselves as cannot stand still, in the cold winter, at the grave, half so long as the office of burial requireth, without the certain hazard of our Uves, (though while we are in motion, we can stay out longer,) are bound to believe your lordships, that a cap will cure this better than a rubric, though we have proved the contrary to our cost, and know it as well as we know that cold is cold ? Do you think no place but that which a cap or clothes do cover, is capable of letting in the excessively refrigerating air ? 3. Whether a man that hath the most rational probabUity, if not a moral certainty, that it would be his death, or dangerous sickness (though he wore twenty caps), is bound to obey you in this case ? , 3. Whether usually the most studious laborious ministers, 1661.] to the Answer of the Bishops. 341 be not the most invaletudinary and infirm ? And, 4. Whether the health of such should be made the jest of, by the more healthful ; and be made so Ught of, as to be cast away, rather than a ceremony sometime be left to their dis cretion? And whether it be a sign of the right and genuine spirit of religion, to subject to such a ceremony, both the lUe of godUness, and the lives of ministers, and the people's souls? Much of this concerneth the people also : as well as the ministers. § 2. [Exc. 5.] Ans. We see not why these words may not he said of any person whom we dare not say is damned, and it were a breach of charity to say so even of those whose re pentance we do not see : for whether they do not inwardly and heartUy repent, even at the last act, who knows ? and that God wiU not even then pardon them upon such repent ance, who dares say ? It is better to be charitable, and hope the best, than rashly to condemn. Reply, We spoke of persons living and dying in notorious sins; suppose they were whoredom, perjury, oppression, yea infidelity, or atheism. Sec But suppose we cannot be infaUi bly certain that the man is damned, because it is possible that he may repent, though he never did express it t will you therefore take him for a brother whose soul is taken to God in mercy? You are not sure that an excommunicate person, or a heathen, doth not truly repent after he is speechless: but wfll you therefore say, that all such die thus happily ? This is a most delusory principle. The church judgeth not of things undiscovered: non esse et non apparere, are all one as to our judgment ; we conclude not peremptorUy, because we pretend not here to infaUibility. As we are not sure that any man is truly penitent, that we give the sacrament to ; so we are not sure that any man dieth impenitently. But yet we must use those as penitent, that seem so to reason, judg ing by ordinaty means ; and so must we judge those as impe nitent, that have declared their sin, and never declared their repentance. It seems by you, that you will form your liturgy, so as to say, that every man is saved that you are not sure 343 Rejoinder of the Ministers [1661. is damned, though he shew you no repentance : and so the church shall say, that all things are, that are but possible, if they conceit that charity requireth it. But if the living by this be kept from conversion, and flattered into hell, will they there caU it charity, that brought them thither? 0 lament- able charity, that smoothes men's way to hell, and keepeth them ignorant of their danger, tiU they are past remedy! MUlions are now suffering for such a sort of charity ! Lay this to the formentioned propositions, and the world will see that indeed we differ in greater things than ceremonies, and forms of prayer. CHURCHING WOMEN. § 1. Exc. 1. Ans. It is fit that the woman performing especial service of thanksgiving should have a special place for it, where she may be perspicuous to the whole congrega tion, and near the holy table, in regard of the offering she is there to make. They need not fear popery in this, since in the church of Rome she is to kneel at the church door. Reply. Those that are delivered from impenitency, from sickness. Sec, perform a special service of thanksgiring, Sec, yet need not stand in a special place : but if you will have all your ceremonies, why must all others be forced to imitate you ? We mentioned not the church of Rome. § 3. Exc. 3. Ans. The Psalm cxxi is more fit and pertinent than those others named, as cxUi, cxxviii, and therefore not to be changed. Reply. We have proposed to you what we think meetest in our last pages; if you like your own better, we pray you give us leave to think otherwise, and to use what we pro pounded, § 3, Exc, 3, Ans. If the woman be such as is here mentioned, she is to do her penance before she is churched. Reply. That is, if she be accused, prosecuted, and judged by the bishop's court to do penance first, which happeneth not to one of a multitude ; and what shall the minister do 1661.] to the Answer of the Bishops. 343 with aU the rest? AU tends to take away the difference between the precious aud the vile, between those that fear God, and that fear him not, § 4, Exc, 4, Ans. Offerings are required as well under the gospel as the law ; and, amongst other times, most fit it is that oblations should be when we come to give thanks for some special blessing, Psa. Ixxvi, 10, 11, Such is the deli verance in childbearing. Reply. Oblations should be free, and not forced : to some special use, and not to ostentation, § 4, Exc, Z. Ans. This is needless, since the rubric and Common Prayer require that no notorious person be admitted. Reply. We gladly accept so fair an interpretation, as freeth the hook from self-contradiction, and us from trouble ; but we think it would do no hurt, but good, to be more express. THE CONCESSIONS. § 1. Ans. We are wUling that all the epistles and gospels be used according to the last translation. Reply. We still beseech you, that all the Psalms, and other Scriptures in the liturgy recited, may (for the same reason) be used according to the last translation. § 3. Ans. That when anything is read for an epistle which is not in the epistles, the superscription shall be, " For the epistle." Reply. We beseech you, speak as the vulgar may under stand you : " for the epistle " signifieth not plain enough to such, that is indeed none of the epistles. § 3. Ans, That the Psalms be collated with the former translation, mentioned in rubric, and printed according to it. Reply. We understand not what translation, or rubric, you mean. § 4. Ans. That the words " this day," both in the collects and prefaces, be used only upon the day itself; and for the foUowing days it be said, " as about this time," Reply, And yet there is no certainty, which was the day itself. 344 Rejoinder cf the Ministers [1661. § 5, Ans. That a longer time be required for signification of the names of the communicants : and the words of the rubric be changed into these, "at least some time the day before," Reply. "Some time the day before" may be near or at night, which will not allow any leisure at all to take notice of the proofs of people's scandals, or to help them in pre paration. § 6. Ans. That the power of keeping scandalous sinners from the communion may be expressed in the rubric accord ing to the 26th and 27th canons ; so the minister be obliged to give an account of the same immediately after to the ordinary. Reply. We were about returning you our vety great thanks, for granting us the benefit of the 36th canon, as that which exceedeth all the rest of your concessions. But we see you will not make us too much beholden to you : and poor Christians that will not receive the sacrament confrary to the example of Christ and his apostles, and the custom of the catholic primitive church, and the canons of general councUs, must be also used as the notorious impenitent sinners. But the canon requireth us not to signify the cause, but upon complaint, or being required by the ordinary, § 7, Ans. That the whole preface be prefixed to the com mandments. Reply. And why not the word " sabbath day" be put for the "seventh day" in the end. Must not such a falsifica tion be amended? § 8. Ans. That the second exhortation be read some Sunday or holyday before the celebration of the communion, at the discretion of the minister, § 9. Ans. That the general confession at the communion be pronounced by one of the ministers, the people saying after him, all kneeling humbly upon their knees. § 10. Ans. That the manner of consecrating the elements be made more explicit and express, and to that purpose these words oe put into the rubric, " Then shall he put his hand IQQl.] to the Answer of the Bishops. 345 upon the bread and break it," " then shall he put his hand unto the cup," §11, Ans. That if the font be so placed as the congrega tion cannot hear, it may be referred to the ordinary to place it more conveniently, § 12. Ans. That those words, "Yes, they do perform those," Sec, may be altered thus, "Because they promise them both by their sureties," Sec, § 13, Ans. That the words of the last rubric before the catechism may be thus altered, " that children being baptized have all things necessary for their salvation, and dying before they commit any actual sin, be undoubtedly saved, though they be not confirmed." §J4, Ans. That to the rubric after confirmation these words may be added, " or be ready and desirous to be con firmed," §15, Ans. That those words, "with my bbdy I thee worship," may be altered thus, "with my bbdy I thee honour," § 16, Ans. That those words, "till death us depart," be thus altered, " till death us do part." § 17, Ans. That the words "sure and certain" may be left out. Reply. For all the rest we thank you, but have given our reasons against your sense expressed in sect. 13, before, and for satisfactoriness of the last. And we must say, in the conclusion, that, if these be all the abatements and amend ments you will admit, you sell your innocency, and the church's peace for nothing. 346 Paper offered by Bishop Cosins, [1661, XIX. Paper offered by Bishop Cosins, and Answer thereto. — Reliquiae Baxterianae, by Sylvester, pp, 341 — 3. A WAT humbly proposed to end that unhappy controversy which is now managed in the church, that the sore may no longer rankle under the debate, nor advantages be got by those that love division, 1, That the question may be put to the managers of the division, whether there be anything in the doctrine, or discipline, or the Common Prayer, or ceremonies, contraty to the word of God ; and if they can make any such appear, let them be satisfied, 3, If not, let them then propose what they desire in point of expediency, and acknowledge it to be no more, 3, Let that then be received from them, and speedily taken into the consideration and judgment of the convocation, who are the proper and authentic representatives of the ministty, in whose judgment they ought to acquiesce in such matters; and not only so, but to let the people that follow them, know that they ought not to disturb the peace of the church, under the pretence of the prosecution of expediency, since the division of the church is the great inexpedient, THE ANSWER TO THE FORESAID PAPER.' Right Reverend, Sec, As it was your desire that we should return an answer to these three proposals only in our own names, who are but three, so we must here profess, therefore, that it is not to be taken as the act of the rest of our brethren the commission ers, but as part of the conference to which we are deputed. And though we are the managers of the treaty for pacifica tion or agreement, and not the managers of the division, and therefore cannot take ourselves to be the persons meant by ' Drawn up by Baxter, and presented in the names of Dr. Bates, Dr. Jacomb, and himself. — Eeliciuise Baxterianse, p. 340. Iggl 1 and Answer thereto. 347 the author of the proposals, yet we are glad to take the opportunity of your invitation, to profess that the principal part of these proposals is so rational, regular, and Christian. like, that we not only approve of, but should be fully satisfied (as to the debates before us) with the real grant of the first alone, and not be wanting in our duty, according to our understanding and ability, in endeavoming to accomplish the ends of your desires in the rest. More particularly — Ad !""¦ Though we find by your papers and conference that in your own personal doctrines there is something that we take to he against the Word of God, and perceive that we understand not the doctrine of the church in all things alike, yet we find nothing contrary to the Word of God in that which is indeed the dbctrine of the church, as it comprehend eth the matters of faith, distinct from matter of discipUne, ceremonies, and modes of worship. As to discipUne — there was given unto his majesty, before his Declaration came forth, a summary of what we think to be contrary to the Word of God, which we shall more fuUy give in to you, or any others, whenever we are again caUed to it. For the Common Prayer and ceremonies we have, in our Exceptions and Reply, delivered you an account of what we take to he unlawful and inconvenient ; and we humbly crave that our reasons may be yet impartially considered. At present we shall humbly ofler you our judgment concern ing the foUowing particulars, and profess our readiness to make it good when we are called to it. It is contrary to the Word of God— 1, That no minister be admitted to baptize -without the prescribed use of the transient image of the cross. 3. That no minister be permitted to read or pray, or exercise the other parts of his office, that dare not wear a surplice. 3, That none be admitted in communion to the Lord's supper, that dare not receive it kneeUng; and that all ministers be enjoined to deny it to such. 348 Paper offered by Bishop Cosins, [1661" 4^, That ministers be forced to pronounce all baptized infants to he regenerate by the Holy Ghost, whether they be the children of Christians or not. 5. That ministers he forced to deliver the sacrament of the body and blood of Christ unto the unfit, both in their health and sickness, and that with personal application, putting it into their hands ; and that such are forced to receive it, though against their own wUls, in the conscience of their impenitency. 6. That ministers deforced to absolve the unfit ; and that in absolute expressions. 7, That they are forced to give thanks for all whom they- bury, as " brethren whom God in mercy hath delivered and taken to himself," 8. That none may be a preacher that dare not subscribe that there is nothing in the Common Prayer book, the Book of Ordination, and the nine and thirty articles, that is con trary to the Word of God, These are most of the things which we judge contrary to the Word of God, which at present come to our remem brance. So we humbly desire that whenever you would have us give you a fuU enumeration of such, we may have leave to consult with the rest of our brethren, and deliver it to you hy our common consent. And we humbly crave that all these points may be taken into serious consideration, and those of them which we have not yet debated, we are ready to debate, and give in our arguments, whenever we are caUed to it, to prove them all contrary to the Word of God. And may we be so happy as to have this proposal granted us, we shall undoubtedly have unity and peace. Ad 2'°- We suppose, according to the laws of distinguish ing, you speak, in this second proposal, of aU things so inexpedient as not to be contrary to the Word of God, Other wise the greatest sins may be committed by inexpediences : as a physician may murder a man by giving him inexpedient medicines ; and a general may destroy his army by inexpedi ent ways of conduct and defence. And the pastor may be jggl 1 and Answer thereto. 349 guilty of the damnation of his people by doctrines and appU- cations inexpedient and unsuitable to their state ; and a way of worship may be so inexpedient as to be sinful and loathsome unto God ; such is the battology, or thinking to be heard for affected repetitions or babblings, pharisaical thanksgivings that men are better than indeed they are, with abundance such like. But supposing that you here speak of no such inexpedient things, but such as are nbt cbntrary to the Word of God, we add — Ad S""- We are thankful that in such matters we may have leave to make any such proposals as are here mentioned. But we shaU not be forward to busy ourselves, and trouble others, about such Uttle things, without a special call. If the convocation at any time desire an account of our thoughts ahout such matters, we shall readUy produce them. And for " acquiescing in their judgments in such matters " what -vre three do in that point, is but of small consequence. And for others, seeing the ministers that we speak for were, many hundreds of them, displaced or removed before the advice of the convocation; and others denied their votes because not ordained by diocesans ; and others, not approving the constitution of our convocations, durst not meddle in the choice ; we cannot tell how far they wUl think themselves obliged by the determination of this convocation. But this can be no matter of impediment to your satisfaction or ours ; for we are commonly agreed that we are bound in conscience to obey the king and aU his magistrates in all lawful things ; and with Christian patience to suffer what he inflicteth on us for not obeying in things unlawful ; and therefore, while we acquiesce thus far in the judgment of those who must make the decrees of the convocation to be civilly obligatory, and the king intendeth to take their advice before he determine of such matters, it is aU one as to the end, as if we directly did thus far acquiesce in the judgment of the convocation, if the king approve it. But if the king and parliament dissent or disaUow the. convocation's judgment (as it is possible they 350 Answer to Paper offered by Bp, Cosins, [1661. may have cause to do) would you have us acquiesce in it, when king and parliament do not ? And for the last part of the proposal, by God's assistance (if you do not silence or disable us), we are resolved faithfully to teach the people, that the division of the church is worse than inexpedient, and the peace of it not to be disturbed for the avoiding of any such inexpediences as are not contrary to the Word of God. We conclude with the repetition of our more earnest request, that these wise and moderate proposals may be prosecuted, and aU things be abated us which we have proved, or shall prove to be, contrary to the Word of God. But if we agree not on those things among ourselves, accord ing to his majesty's commission, the world may know we did our parts. When the liberty of using the alterations and additional forms which were offered to you, according to his majesty's Declaration, would end aU our differences about matters of worship ; and when you have had them in your hands so long since you called for them, and have not, notwithstanding the importunity of our requests, vouchsafed us any debates upon them, or exceptions against them, but are pleased to lay them by in silence ; we once more propose to you, whether the granting of what you cannot blame, be not now the shortest and the surest way to a general satisfaction.'' ' "I offered to my brethren two more particulars as contrary to the " Word of God ; which were — " 1. That none may have leave in public -worship to use a more suitable i' orderly -way ; but all are confined to this liturgy, -which is so defective "and disorderly, which we are even notr ready to manifest, if you will " receive it. " 2. That none may be a minister of the gospel that dare not subject him- " self, by an oath of obedience, to the diocesans in that state of govem- " ment which they exercised in this land, contrary to the practice of all " antiquity. " These ten things I offered as contrary to the Word of God, but the two "brethren, with me, thought these two last were better left out, lest they "occasion new debates, though they judged them true."— Reliquias Bax terianse, p. 343. 1661.1 Discussion on Kneeling at the Lord's Supper. 351 XX. The Discussion on Kneeling at the Lord's Supper. — Reliquiae Baxterianse, by Sylvester, pp. 346 — 349. In our unprofitable disputes aU was to be managed in writing em tempore, by Dr. Pearson, Dr. Gunning, and Dr. Sparrow, with Dr. Pierce on one side; and Dr. Bates, Dr. Jacomb, and myself on the other side ; we withdrawing into the next room, and leaving the bishops and them together, while we wrote our part. And we began -with the imposition of kneel- mg, upon two accounts (though I took the gesture itself as lawful), 1. Because I knew I had the fuUest evidence, and the greatest authority of antiquity, or church law and custom, against them. 2. Because the penalty is so immediate and great to put all that kneel not, from the communion. And it was only the penalty, and so the imposition on that penalty, which we disputed against. Our Arguments. Oppon. Arg. 1. To enjoin all ministers to deny the communion to all that dare not kneel in the reception of the sacrament on the Lord's days, is sinful. But the Common Prayer book and canons enjoin all ministers to deny the communion to all that dare not kneel in the reception of the sacrament on the Lord's days. Ergo, the Common Prayer book and canons do (or contain) that which is sinful. Their Answer. Resp, Not granting nor denying the major, in the first place prove the minor. Oppon. We prove both. 1. Prob. major. To enjoin ministers to deny the communion to men, because they dare not go against the practice of the apostles, and the universal church for many hundred years after them, and the canons of the most venerable councUs, is sinful. But to enjoin ministers to deny the communion to all that dare not kneel in the reception of the sacrament on the 352 Discussion on Kneeling [1661. Lord's days, is to enjoin them to deny communion to them, because they dare not go against the practice of the apostles, and the universal church for many hundred years after them, and the canons of the most venerable councils. Ergo, to enjoin all ministers to deny communion to aU that dare not kneel in the reception of the sacrament on the Lbrd's day is sinful. Prbb. miubr. The words of the Common Prayer book and canons prove it. . Resp. The minor (viz. as to the Common Prayer book, of which the proof must proceed) is not yet proved. But the major (which we had not then spoke to, but now do, clearly denying that major also of the first syllogism) you prove by the syUogism brought; in which we deny the minor. Here we told them, that for the proof of both propositions denied, the presence of the books is necessary, which we desired them to procure us ; but they were not fetched. And first we had a large debate about the words of the Common Prayer, " he shall deliver it them kneeling on their knees." Dr. Pearson confessed, that the canons did reject theni that kneel not, from the communion; but these words of the Common Prayer book do not. But they only include kneelers, but exclude not others. We answered them, that either the Common Prayer book doth exclude them that kneel not, or it doth not. If it doth, the proposition is true. If it do not, then we shall willingly let faU this argument against it, and proceed to another. Therefore I desired them but to tell us openly their own judgment of the sense of the book ; for we professed to argue against it only on supposition ef the exclusive sense. Hereupon unavoidably they feU into discord among them selves. Dr. Pearson, who was to defend the book, told us his judgment was, that the sense was not exclusive. Bishop Morley, who was to offend the Nonconfornaists, gave his judgment for the exclusive sense; viz. — That the minister is to give it to kneelers, and no others. So that we professed Iggl 1 at the Lord's Supper. 353 to them, that we could not go any further, till they agreed among themselves, of their sense. And for the other minor denied, though the books were not present, I aUeged the 20th Canon Concil. Nicsen. and ConeU. TruU. and TertuUian oft, and Epiphanius, with the common consent of ancient writers, who teU us, it was the tradition and custom of the universal church, not to adore by genuflexion on any Lord's day, or on any day between Easter and Whitsuntide. Ergo, not so to adore in taking the sacrament. Bishop Morley answered, that this was the custom but only between Easter and Whitsuntide, and therefore it being otherwise the rest of the year, was more against us. I answered him that he mistook, where a multitude of evidences might rectify him ; it was on every Lord's day through the year that this adoration by genuflexion was forbidden : though on other week-days it was only between Easter and Whitsuntide. Next he and the rest insisted on it, that these canons and customs extended only to prayer. To which I answered, that 1. The plain words are against them, where some speak of aU adoration, and others more largely of the public wor ship, and offered to bring them full proof from the books, as soon as they would give me time. 2. And if it were only in prayer, it is aU one to our case. For the liturgy giveth the sacrament with words of prayer ; and it is the common argu ment brought for kneeUng, that it is suitable to the conjunct prayer. And I told them over and over, that antiquity was so clear m the point, that I desired aU might be laid on that, and I might have time to bring them in my testimonies. But thus that argument was turned off, and the evening broke off that part of the dispute. THE NEXT day's ARGUMENT. Oppon. To enjoin ministers to deny the communion to such as the Holy Ghost hath required us to receive to the communion is sinful. A A 354 Discussion an Kneeling [1661. But to enjoin ministers to deny the communion to all that dare not kneel in the reception of the sacrament, is to enjoin them to deny the communion to such as the Holy Ghost hath required us to receive to the communion. Ergo, to enjoin ministers to deny the communion to aU that dare not kneel in the reception of the sacrament, is a sin. Resp. We deny the minor. Oppon. The Holy Ghost hath required us to receive to the communion, even aU the weak in the faith, who are charged vrith no greater fault than erroneously refusing things lavrful as unlawful. But many of those who dare not kneel in the reception of the sacrament are (at the worst) but weak in the faith, and charged with no greater fault than, erroneously, refiising things lawful as unlawful. Ergo, to enjoin ministers to deny the communion to aU who dare not kneel in the reception of the' sacrament, is to enjoin them to deny the communion to such as the Holy Ghost hath required us to receive to the communion. Resp. We say, this is no true but a fallacious syllogism, of no due form; for this reason, that whereas both subject and predicate of the conclusion ought to be somewhere in the premisses, here neither subject of the conclusion (viz. to enjoin ministers to deny, Stc) nor the predicate of the conclusion (viz. is to enjoin them to deny. Sec) are anywhere found in any part of either of the premisses ; so that here are not only quatuor, but quinque termini. Oppon. You have both subject and predicate in the pre misses as to the sense. If you wUl have each syUable, take it thus. If to enjoin ministers to deny the communion to men for no greater fault than being weak in the faith, and refusing things lawful as unlawful, be to enjoin them to deny the communion to such as the Holy Ghost hath required us to receive to the communion, then to enjoin ministers to deny the communion to aU, &c. Iggl 1 at the Lord's Supper. 355 But to enjoin ministers to deny the communion to men for no greater fault than being weak in the faith, and refusing things lawful as unlawful, is to enjoin them to deny the communion to such as the Holy Ghost hath required them to receive to the communion. Ergo, to enjoin. Sec (as in the minor.) Eesp. We distinguish to that term " things lawful :" for both things lawful, and by no lawfiU power commanded to be done, are caUed such: and also things lawful, and by a lawM power also commanded to be done, are called such. If you take " things lawful " in the former sense, we deny your major. If you take " things lawful " in the latter sense, we deny your minor. Oppon. In Rom. xiv, 1 — 3, and xv, 1, the apostle, by the Holy Ghost, speaking of things lawful and not com manded, yet, being himself a church governor, commandeth them not; but requireth even church governors as well as others to receive the dissenters and forbear them, and not to make these the matter bf censure br cbntempt. Ergo, the minor (er ccnsequence) is good. Resp, We answer four things: 1. We deny the consequence of the enthymeme, 2. Our discom'se proceeding wholly about things lawful and commanded by a lawful power, they profess to proceed only upon thmgs lawful and not commanded by a lawful power (in which sense only, of things lawfiU and not com manded also, we denied your major.) For they that prove the major, which was not denied by us but in such a sense, profess to proceed in that sense. 3. Rom. xiv, 1 — 3, speaks of things lawful and not commanded by your acknowledgment. And we aU along have professed to debate about things lawful and also com manded. So that the text, brought by you, is manifestly not to the purpose of this debate. 4. To receive them in Rom, xiv, is not forthwith to be understood of immediately receiving to the holy communion, A A 3 356 Discussion on Kneeling [1661, And for this reason again that text makes nothing to prove for their receiving to the holy communion. When this Answer was given in, it was almost night, and the company brake up. And because I perceived that it was hard (especially among such disturbances) to reduce aU in a moral subject (that must have many words) to an exact syllogistical form to the last, without confusion; and that the oidy advantage they could hope for was to trifle pedanti cally about the form of arguments, I resolved to imitate them in their last answer, and to take the Uberty of more (explica tory) words. The next day I brought in our Reply to their Answer at large, as here foUoweth. Oppon. The syUogisms necessarily growing so long, as that the parts denied cannot be put verbatim into the conclu sions, without offence to those that are loth to read that which is pedantic and obscure, we must contract the sense, and divide our proofs. The sense of your Answer to the hypothetical syUogism was, that if we speak of things lawful and not commanded, then you deny " that those that we must deny communion to are such as the Holy Ghost commandeth us to receive, though those were such that are described in the antecedent." But if we mean such lawful things as are commanded by lawful power, then you "deny that these are such as the Holy Ghost requireth us to receive." To take away this Answer If your distinction be frivolous or fallacious, as applied by you in your answer, and one branch of it, but a begging of the question, then your answer is vain, and our argument standeth good. But the antecedent is true. Ergo, so is the consequence. 1. It is frivolous and obscure, and rather making than removing ambiguity, and ergo useless. 1. It is obscure. For we know not whether you mean "commanded simply without any penalty," or " commanded with the enforcement 1661.] at the Lord's Supper. 357 of a penalty." If the latter, whether you mean it of " a command with such a penalty as we speak against," or " some other penalty." And whether you meau "commanded by such as have a lawful power ad hoc," or " only ad aliud." Your distinction must necessarily be distinguished of before it can be pertinent, and applied to our case. Ergo, it is frivolous through obscurity. If you speak of a command without penalty, or with no other penalty than such as is consistent with " receiving, not despising, not judging, and aU the indulgence mentioned in the text," then your vety distinction granteth us the cause. But if you speak of "a command with such penalty as is inconsistent with the said recei-ving and other indulgences," then this branch of your distinction, as appUed by you, Resp. 3, is but the begging of the question, it being such com manding that we are proving to be forbidden by the text If there be no power that may command such things any farther than may'stand with the reception and other indul gences of the text, then must you not suppose that any power may otherwise command them. But the antecedent is true. Ergo, so is the consequent. For the minor, if Paul and the resident pastors of the church of Rome had no power to command such things, further than may stand with the said reception and indulgences, then no others have such power. But Paul and the resident pastors of the church of Rome had no such power. Ergo, there are no others that have such. And so your distinction being frivolous and fallacious, the argument stands good. The sense of our enthymeme was, that " these things being therefore not commanded, because they ought not to be commanded any farther than may stand with the said recep tion and indulgences in the text, God having there forbidden men any otherwise to command them ; therefore the conse quence stands good, your distinction being either impertinent, or granting us the postulatum, or begging the question." And so we have repUed to your first Answer. Ad 2"^ Again if you speak of a simple command, enforcing 858 Discussion on Kneeling. [1661. no farther than consisteth with the foresaid reception and forbearance, 1. You grant the thing in question. Or thus 3. If there be no such disparity of the cases as may warrant your disparity of penalty against your brethren, then our argument stUl stands good. But there is no such disparity of the cases as may warrant your disparity of penalty against your brethren. Ergo For the minor. If those that Paul speaks of that must be received and forebome, did sin against the command of God, in the weakness of their faith, and their erroneous refusal of things as sinful that were not so to be refused, then there is no such disparity in the cases, as, Stc For you suppose those that refuse to kneel, to break the command of man, and those that Paul spake of brake the command of God, and yet were to be received and forebome. But if you here also speak of "a command enforced hy penalties inconsistent with the said receiving and forbearance," we reply. If our present work be to prove that God hath forbidden aU such commands, then our proceeding (in proving it) is regular, and our supposing the things not so commanded (having proved it) ; and your discourse wholly proceeding of things so commanded (before you answer our proof that they ought not to be commanded) is an irregular supposition, and begging of the question But our. Sec Ergo Sec. Ad Resp. 3'"- If Rom. xiv, 1—3. and xv, 1, Sec, speak of things lawful, and no farther commanded than may con sist with " receiving and forbearing ;" forbidding any other commanding of such things, then the text is most pertinent to prove that there ought to be no such commands, and that they are sinful. But the antecedent is true Ergo Ad Resp. 4'"- " Immediately" was no term in our question. But that Rom. xiv, 1, speaketh of recei-ring to the holy com munion we prove. If the Holy Ghost command the receiring of men to that church-communion in whole or in general without exception, wherof the communion in the holy sacra ment is a most eminent part, then he thereby commandeth 1661.] Sinfulness of the Liturgy. 359 the receiving them to the holy communion in the sacrament, as a principal part. But the antecedent is true. Ergo, so is the consequent. The sum of our reply is, that when we are proving from Rom. xiv and xv, that God hath forbidden men to command such things indifferent on pain of exclusion from communion ; for you now "to distinguish of things commanded by authority, and things not commanded," and then to say, " that if they be not so commanded, then we grant that they should not be so commanded ; but if they be so commanded, then God hath not forbidden so to command them," this is to make the fact of man antecedent to the law of God, or the law to forbid the fact, in case no man wiU do it, but not to forbid it if it be done. As if you had said, " God forbade Darid to commit adultery in case it be not committed by him, but not in case it be committed." XXI, The Discussion on the Sinfulness of the Liturgy.^ — Reliquiae Baxterianse, by Sylvester, pp. 358-60, CardweU's History of Conferences, Oxford, 1849, pp. 364-368. Oppon. [Dr. Pearson, Dr. Gunning, Dr. Sparrow, and Dr. Pierce.] My assertion is. Nothing contained in the Uturgy is sinful.This general assertion I am ready to make good in all particulars, in which our brethren shaU think fit to charge the liturgy with sinfulness. J " When we [Dr. Bates, Dr. Jacomb, and Mr. Baxter] were going to our " disputation. Dr. Pierce asked whether he, that was none of the three deputed ' by them to that service, [i.e. Dr. Pearson, Dr. Gunning, and Dr. Sparrow,] might join -with the rest : and we told that we cared not how many joined ; the more the better : for if any one of them could see any evidence of truth " which the rest did overlook, it would redound to our benefit, who desired " nothing but the victory of truth."— Reliquise Baxterianse, p. 344. 360 Discussion on the [1661, And because our brethren have, as yet, by way of disputa tion charged no other part of it with the imputation of sinful ness, but that which concerneth kneeUng at the communion, therefore my first assertion as to that particular is this ; — The command contained in the liturgy concerning kneeling at the communion is not sinful. This truth I am ready to prove by several arguments. First, This only command " The minister shaU deUver the communion to the people in their hands kneeUng" is not sinful : The command contained in the liturgy concerning kneeling at the communion is this only conimand "The minister," Sec — Ergo, The command contained in the liturgy concerning kneeling at the communion is not sinful, Resp, [Dr. Bates, Dr. Jacomb, and Mr, Baxter] Neg. major. Oppon. Prob. major. That command which commandeth only an act in itself lawful, is not sinful : This only command " The minister shaU deliver. Sec," commandeth only an act in itself lawful : Ergo, This only command " The minister shaU deliver," Sec. is not sinful. Resp. Neg. major et minor, Oppon, Prob, major. That command which commandeth an act in itself lawful and no other act or circumstance unlawful, is not sinful : That command which commandeth only an act in itself lawful, com mands an act in itself lawful, and no other act or circumstance unlawful : Ergo, That command which commandeth only an act in itself lawful, is not sinful. Resp. 1 . We deny the major ; and for brevity give a double reason of our denial : one is, because that may be a sin per accidens which is not so in itself, and may be unlawfully commanded, though that accident be not in the command. Another is, that it may be commanded under an unjust penalty. 3, We deny the minor for both the same reasons. Oppon. Prob. minor. The delivery of the communion to persons kneeUng is an 1661,] Sinfulness of the Liturgy. 361 act in itself lawful : This only command " The minister shaU dehver. Sec" commandeth only the delivery of the communion to persons kneeUng: Ergo, This only command " The minister shaU deliver. Sec," commandeth only an act in itself lawful, Resp, We distinguish of delivering to persons kneeling : it signifieth either exclusively (to those and no other,) or not exclusively, (to others,) In the first sense we deny the major; in the second sense we deny the minor, Oppon, You deny both our propositions for two reasons, both the same : we make good both our propositions, not withstanding both your reasons. The major first. That command which commandeth an act in itself lawfiU, and no other act, whereby any unjust penalty is enjoined, nor any circumstance, whence, directly or per accidens, any sin is consequent, which the commander ought to proride against, is not sinful: that command which commandeth an act in itself lawfiU, and no other act or circumstance unlawful, commandeth an act in itself lawful, and no other act, whereby any unjust penalty is enjoined, nor any circumstance whence, directly or per accidens, any sin is consequent, which the commander ought to provide against: Ergo, That command which commandeth an act in itself lawful, and no other act or circumstance unlawful, is not sinfiil, Resp, 1, The proposition denied is not in the conclusion. The major is denied, because the first act commanded may be per accidens unlawful, and be commanded by an unjust penalty, though no other act or circumstance be such, Oppon. The minor next. That command which com mandeth an act in itself lawful, and no other act whereby any unjust penalty is enjoined, nor any circumstance whence, directly or per accidens, any sin is consequent, which the commander ought to provide against, commands an act in itself lawful, and no other act or circumstance unlawful: That command which commands only an act in itself lawful, commandeth an act in itself lawful, and no other act whereby any unjust penalty is enjoined, nor any circumstance whence, 363 Discussion on the [1661, directly or per accidens, any sin is consequent, which the commander ought to provide against : Ergo, That command which commands only an act in itself lawful, commands an act in itself lawful, and no other act or circumstance unlawful. Oppon. We prove our major, notwithstanding your reason aUeged. That command which hath in it all things requisite to the lawfulness of a command, and particularly cannot be guUty of commanding an act per accidens unlawful, nor of com manding an act under an unjust penalty, is not sinful, notwithstanding your reason alleged : That command which commandeth an act in itself lawful, and no other act whereby any unjust penalty is enjoined, nor any circumstance whence, directly or per accidens, any sin is consequent which the commander ought to provide against, hath in it aU things requisite to the lawfulness of a command, and particularly cannot be guUty of commanding an act per accidens unlawful, nor of commandmg an act under an unjust penalty : Ergo, That command which commandeth an act in itself lawful, and no other act whereby any unjust penalty is enjoined, nor any circumstance whence, directly or per accidens, any sin is consequent, which the commander ought to provide against, is not sinful, notwithstanding your reasons aUeged. Resp. The minor is denied upon the same reasons, which you do nothing to remove. Such a command hath not in it all things requisite to the lawfulness of a command, because though no other act be commanded, whereby an unjust penalty is enjoined, yet stiU the first act may be commanded sub poena injusta : and though no other act or circumstance be commanded that is a sin per accidens, yet the first act itself commanded may be a sin per accidens, Oppon. Either our minor is true, notwithstanding your reason, or else the first act may be a command commandmg an unjust punishment, and be an act lawful : or the first act itself being lawful in itself and all circumstances, may yet be a sin per accidens, against which the commander ought to provide: Posterius utrumque falsum, both the latter Iggl.] Sinfulness of the Liturgy, 363 members are false: Ergo, prius verum, therefore the first is true. Resp. Neg. major. Because 1. The subject is changed : you were to have spoken of the first act commanded, and you speak of the first act commanding, in the first member ; you should have said " else the first act may be commanded sub poena injusta, and yet be in itself lawful ; " which is true. 2. Because in the second member, where you should have spoken only of the commanded circumstances of the act, you now speak of aU its circumstances, whether commanded or not. 3. We undertook not to give you aU our reasons ; the minor may be false upon many other reasons. And were your major reduced in the points excepted against, we shotUd deny the minor as to both members. And we should add our reasons : — 1, That command which commandeth an act in itself lawful and only such, may yet be sinful privately, by omission of something necessary, some mode or circumstance. 3. It may sinfuUy restrain, though it sinfuUy command not. 3. It may be sinful in modis, commanding that universally, or indefinitely, or particularly, or singularly, that should be otherwise ; though in the circumstances, properly so called, of the act, nothing were commanded that is sinful. 4. It may through culpable ignorance be appUed to undue subjects, who are not circumstances : as if a people that have the plague be commanded to keep assemblies for worship, the lawgiver being culpably ignorant that they had the plague. Many more reasons may be given, Oppon. We make good our major by shewing that the subject is not changed, thus : If whensoever the first act is commanded sub poena injusta, and no other act is com manded whereby any unjust penalty is enjoined (which were your words), the first act commanding must command an unjust punishment (which were ours), then we have not changed the subject : But the antecedent is true, therefore the consequent. 364 Reply to the Bishops' Disputants. [1661. XXII. The Reply to the Bishops' Disputants, which was not answered.^ — Reliquise Baxterianse, by Sylvester, pp, 350 — 6, Whether it be our arguing or your answering that is " lax, declamatory, pedantic," (as you call it,) and whether your confident insulting arise from your advantages, or infirmity of mind, and want of matter for more pertinent answers, are questions that we shall leave to impartial judges. And we shall crave pardon if we rather seem to neglect your words, than to foUow you in these strange vagaries, any further than mere necessity for saving your readers from the error into which they are fitted to mislead them doth require. To prove the consequence of an hypothetical argument by an enthymeme hath not been used to be accounted culpable. The proof you shall not want. That we removed your Answer, by showing your distinction frivolous, deserved not to be caUed " a popular insinuation, superfluous," Sec We had two things here to do : the first was, if we had been at hand with you, to have called on you for the necessary explanation of your distinction, whether by " commanded by lawful power," you mean commanded under no penalty, or commanded under a penalty, consistent with the receiidng and forbearing mentioned in the text, or com manding under a penalty inconsistent with this receiving and forbearance. And whether you mean by "lawful power," that which is indeed lawful power ad hoc or only ad aliud ? As far as we can find in these your papers, you stiU forbear to explain your distinction. But this we must yet insist upon, and desire of you, notwithstanding all your excla mations. ' This paper was dra-wn up by Baxter, and given in on the last day of the king's commission. — Reliquise Baxterianse, p. 356. 1661.] Reply to the Bishops' Disputants, 365 And then our next work must be to show you that, indeed your distinction is useless as to the shaking of our argument. The latter branch of your distinction, " if we speak of things lawful and commanded," you apply to the denial of our antecedent or minor, which we prove stands good, notwith standing this your Answer. Indeed we speak of things lawful as such, abstracting from command : but we speak of things which materiaUy were partly not commanded, and partly commanded. It was not commanded to eat or not eat the meats in question, to keep the days or not keep them : in these they went against no law. But to be weak in the faith, and erroneously to take things lawful to be unlawful, and things indifferent to be necessary, and to offend a brother by the use of liberty on the other side, were against the com mands of God. Now the scope of our argument was to shew that, if you speak of a command upon the penalty of the question, your distinction helps you not to shake our argu ment ; because as it is true that the text speaketh not of things so commanded, so the thing that we are proving is, that it is the sense of the text to forbid all such commands. If it be the sense of the text to forbid such commands, then your distinction is ftivolous, and the use of it here prevented, and our argument stands good. But it is the sense of the text to forbid all such commands- — ergo, the minor we are to prove hereafter, when we are further called to it by your answers. But if by "command " you mean any other "command without penalty," or without the penalty forbidden, we argue — If it be all one, as to our case, whether it be so commanded or not, then your distinction is frivolous, and our argument stands good : but it is all one to our case, whether it be so com manded or not : ergo, this was the sum of our rejection of your Answer, which we cannot prosecute tiU you will be per suaded, as we have required, to explain your distinction ; and then we shall know what to speak to. But perhaps you take your vety refusal to explain it, to be an explanation ; and your words may seem to allow us to understand you of any command, with this penalty or with- 366 Reply to the Bishops' Disputants. [1661. out, where you say, " That text which speaks of things under no command at all, is brought nothing to the purpose of the things which we debate of, being under some command of lawful authority." But still that text which forbiddeth any such command, and so taketh away the authority of so com manding, is something to the purpose, as proving that no human authority should so command. But this text forbid deth any such command, and so taketh away the authority of so commanding : ergo, and as it is a command consistent with "receiving, forbearing," Sec, that you may be understood to speak of — 1. If you speak de facto et dejure, and suppose that there be, and ought to be, no other command, then you grant us the cause that there should be no command, upon penalty of being " not received, not forborne," Sec 3. If your supposition be de facto only, then that commanding which consisteth vrith God's command " to receive and forbear. Sec," altereth not the case. But such is the commanding that now you are supposed to speak of: ergo, so still your distinguish ing toucheth not our argument, no more than if you had distinguished of the instructed and uninstructed, and said Paul speaketh of those that were uninstructed only ; ergo, he is not aUeged to the purpose. Whereas you say " That this penalty, that the minister he enjoined not to administer the communion to those that dis obey such command, is no ways inconsistent with the receiving and all the indulgences of that truth," we shaU prove the contrary anon in due place. For appellation to indifferent persons, we also are -willing such shall judge whether, if your distinction speak of no commanding but such as is consistent with this " receiring, forbearing," Sec, it leave us not in possession of the force of our argument? And if it speak, de jure, that there should be no other, whether it yield not up the cause ? It seems our very phrase of " begging the question," bemg misunderstood by you, hath been taken as your greatest occasion of insulting. But if we used an unusual phrase, if that occasioned your mistake, we can beg your pardon, and 1661.] Reply to the Bishops' Disputants. 367 explain it, with less wrong to our cause or ourselves than you can make such use of it as to yours. We did not dream of charo-ing you with that begging of the question which is the faUacy and fault, of the opponent, as it is the begging of a principle undertaken to be proved : we know this is not inci dent to the respondent, nor to be imputed to him. We charged you with no such thing, though we confess our phrase was Uable to your misinterpretation. But we crave your wiUingness to understand that we were proving that such things may not be by rulers enjoined or commanded under the penalty of exclusion from communion; and that the latter branch of your distinction hath the nature of a reason of your denial of the proposition denied, viz., because the things are commanded; and that by our telling you of begging the question, we mean but this much : — 1. That you give us a reason implied in a distinction, which is but equal to a simple negation, and is not (we say not the giring a suffici ent reason, but) the giving of a reason indeed at all. 2. That it is but equal to an unsavory denial of the mere conclusion. 3. Yea, that it is a preposterous re duction of the rule to the action, and of the former to the latter. Suppose we had thus phrased our proposition. " Rulers themselves are here forbidden to enjoin or command the rejecting of such as are only weak in the faith. Sec. ; " and you should distinguish and say — "either rulers have com- have, manded the rejecting them for such things, or not ; if they then we deny the proposition," that is, " if they have done it, they may do it, and the text that forbids it, is to be under stood of such rulers as have not already forbidden it : " teU us how you will call such distinguishing yourselves, and you may understand our meaning. It is all one if you put your exception into the description of the fault : and when we say God here forbiddeth governors themselves to make any com mands or injunctions for rejecting such as are only weak in the faith, and mistake about indifferent things ; and you dis tinguish thus — " either the weak offend against such commands or not; if they do sin against such commands, then the text 368 Reply to the Bishops' Disputants. [1661, forbiddeth not the making of such commands : " give this kind of distinguishing and answering a proper name yourselves. Or if to our proposition you say, " the indifferent things are commanded by the governors, or not ; if they be, then. God forbiddeth not the governor to command the rejection of the persons from communion; " that is, "though God forbidgovem- ors to make laws for rejecting such as err about indifferent things only, yet that is on supposition that the said governors do not first command those indifferent things; for if once they command them, they may then command the rejection of those that break them : " but, on the contraty, he that for biddeth the rejection of such, simply and antecedently to the laws of men, forbiddeth the rejecting of them, mediately or immediately, and forbiddeth the framing of such commands as shall be means of the prohibited rejection. But God in the text forbiddeth the rejection of such, simply and antece dently to the laws of men : ergo, he forbiddeth the rejecting of them, mediately or immediately, and forbiddeth the framing of such commands as shall be means of the pro hibited rejection. Though we have thus taken off your Answer, we shall give you fuller proof in the end of what you can reason ably expect. You next answer this argument of ours. — " If there be no power that may command such things, any further than may stand with the reception and other indulgences of the text, then must you not suppose that any power may otherwise command them. But the antecedent is true: ergo " Here you deny the minor, which I prove thus : — If none have power to break the laws of God, then there is no power that may command such things, any further than may stand with the reception, and other indulgences, of the text. But none have power to break the laws of God : ergo, there is no power that may commaud such things, any further than may stand with the reception, and other in dulgences of the text. We had used before another argument to prove the minor, 1661.] Reply to the Bishops' Disputants. 369 thus — "If Paul, and the resident pastors of the church of Rome, had no power to command such things, farther than may stand with the said reception and indulgence, then no others have such power : but Paul, and the resident pastors of the church of Rome, had no such power— erjco, there are no others that have such." Here you deny the assumption, which is proved by the foregoing medium. If Paul, and the resident pastors of the church of Rome, had no power to cross the will of God, then they had no power to command such things, farther than may stand with the said reception and indulgence: but Paul, and the resident pastors of the church of Rome, had no power to cross the will of God : ergo — You vainly call the explication of our enthymeme, in plainer words, " the proving of its obscure consequence by the more obscure consequence of another," and hereupon insult. But we shall take leave to leave you to your humour, in such things. If it offend you, blot out the enthymeme, seeing you have reply enough without it ; or if you will be still tempted to insult tiU you are delivered from the enthymeme, you have our sense in this argument. If the things spoken of by the apostle were not only not commanded, but forbidden to be commanded, any further than may stand with the reception and indulgence of the text, then there is no such disparity in the cases as may shake our consequence, though with us such things are commanded. But the antecedent is true; ergo, so is the consequent. To your second Answer, we first again endeavoured to bring you to explain your distinction, what commanding you mean ; but have no return to that but silence, which we take to be tergiversation. Then we argued thus — "If there be no such disparity of the cases as may warrant your disparity of penalty against your brethren, then our argument still stands good. But there is no such disparity of the case as may warrant your disparity of penalty against your brethren;" ergo — You deny the minor, which we proved thus. — "If those that B B 370 Reply of the Bishops' Disputants. [1661. Paul speaks of, that must be received and forborne, did sin against the command of God, iii the weakness of their faith, and their erroneous refusing of things as sinful, that were not to be so refused, then there is no such disparity in the cases as," Sec. " But," Sec, ergo— Here you deny the consequence, which we prove thus — If the sin of those that dare not kneel be no greater than theirs that were weak in the faith, and refused things lawful as un lawful, and took things indifferent as necessary, and hereby gratified the Jews and other enemies of the church, and tres passed on the church's liberties purchased by Christ, and yet became the censurers of the strong ; and if the scruple of kneeling have as fair excuses as the other, then the con sequence is good, and there is no such disparity in the cases as may warrant your penalty. But the antecedent is true; ergo so is the consequent. We shall prosecute the comparison further anon. We added here this reason in brief. " For you suppose those that refuse to kneel to break the command of man, and those that Paul spoke of broke the command of God, and yet were to be received and forborne;" ergo there is no such disparity as may warrant your penalty. Here you add to our words, " the command of man," the word " only," and say, that else we do but trifle. We reply, that by adding your own words, and then persuading us to own them lest we trifle, you do worse than trifle, and your gross injustice hath no fair pretence, being against the light of our conclusion and undertaking ; we were but to prove that there was no such disparity, i.e., that the fault of those that kneel not, was not greater, and so much greater as might warrant your penalty. Therefore as you will acknowledge kneeling at the sacrament to be immediately but the command of man, and weakness of faith, error, censuring, Sec, to be immediately against a command of God, (which yet we spoke of but for just de nomination, and not to prove a disparity to our advantage,) so if we prove no disparity against us, we do what we under take. And that a sin against the command of God immedi- 1661.] Reply to the Bishops' Disputants. 371 ately, is as well worthy of punishment as a sin againt the command of man immediately cateris paribus is true, and all that we affirmed, and aU that we were bound to prove. Yet you importune us to answer you a question — " Whether is not the erroneous refusing of lawful things commanded by lawful authority, as sinful as the refusing of things as sinful that were not to be so refused?" W^e answer you — 1. But with them and you it is the thing in controversy, whether they are lawful things or not? 3. If they be, what then ? Why you say, " If so, then, even according to your own reasoning, if you reason at all, these refusers to kneel sin against God, and the rule yourselves lay down thereof, as well as those Rom. xiv." And what then ? Is there therefore a disparity because they do alike ? Are such as these the occasions of your insulting? We shall then suspect you have some gross mistake, whenever we flnd you thus insulting. But you say, " That ergo we did fallaciously insinuate the one to break the command of God, and the other to break the command of men." But really is it not so ? If you allow not the distinc tion inter leges divinas et humanas, you know how singular you are, and what consequences will foUow. If you do, why may we not use such denominations ? But you say of the sinfulness, " It is most evidently common to the former with the latter." 1. If the controversy be yielded you, it is so, 2. And what then? Because it is common, ergo there is such a disparity as may warrant your grievous penalty. We only prove no such disparity, and we are notably confuted by your proof that the sinfulness is common, that is, by yielding what we prove. Next, in many words you tell us of a disparity. 1. Because in our case kneeling is commanded. 3. Because the things are antecedently helps to piety. To which we have before answered: — 1. God hath forbidden all commands of such things, inconsistent with the reception and -forbearance in question. 3. Their sin of weakness in faith and error, were also against commands. 3. We shall show greater reasons of disparity on the other side. 4. The thing in question B B 3 373 Reply to the Bishops' Disputants. [1661, (kneeling) hath nothing antecedent to the command to make the refusal of it sinful, no, nor [more] meet than other gestures. Of which after. To your third Answer we replied — " If Rom. xiv and xv speak of things lawful and no further commanded than may consist with ' receiving and forbearing,' forbidding any other commanding of such things ; then the text is most pertinent to prove that there ought to be no such commands, and that they are sinful. But the antecedent is true ; " ergo — Here you tell us of " manifest fallacy," of " advantageous equivocation," or else a " gross ignoratio elenchi," in the con clusion; words easy to be uttered by you. But if you will " profess all along," as you say, " to proceed or debate only of things lawful and commanded by lawful power ; " that is, . lawfully, when our very question is, " Whether such things can be so commanded ? " and we are proving that they cannot ; and you will call it an ignoratio elenchi if we will not grant you aU in question, but will endeavour to prove the contrary to what you would have granted ; this is that which we before called even the respondents' begging of the question, when he accuseth the opponent for pro-ring what he denieth, and would put that into the subject as not to be questioned, which is in the predicate, and we are disproving, 3. And remember that in your first paper we were not called to dispute the parity or disparity of the offences : ergo, by " such things," we mean such things as are mentioned Rom. xiv and xv. And our conclusion there goeth no further, that matter being further to be carried on in its proper place. To your fourth answer we replied — " That immediately was no term in our question," You say you may distinguish; true, but you cannot bind us to prove that the men that we prove are to be received to communion, must be immediately received, when we never affirmed it, as long as you teU us not whether you speak de immediatione temporis, vel conditionis vel status, or what you mean by immediately. In regard of time, no man in the church is immediately to be received to the sacrament, till the very time come. 1661.] Reply to the Bishops' Disputants. 373 3, We argued — " If the Holy Ghost command the receiv ing of men to that church-communion in general without exception, whereof the communion in the holy sacrament is a most eminent part, then he thereby commandeth the receiving them to the communion in the sacrament. But, Sec. Ergo," Sec Your Answer signifieth that it is a receiving first to instruc tion, and not to the sacrament, till some change be made ; you teU us not what: or that it is such a receiving as may consist with denying them the communion. We shall now, therefore, prove in order these two propositions, which are to be next proved. 1. That the reception that Paul speaketh of is such as is not consistent with denial of the sacrament for those faults. 2. That there is no such disparity between their faults and those that refuse to kneel at the sacrament, as may warrant your disparity of penalty or usages. The first we shall prove — 1. From the text before us. 2. By other Scriptures. 3. By testimony of expositors, especially those of your own way in other things. I. So to receive one another as Christ received us to the glory of God the Father, and this not to doubtful disputation (or not to judge their doubtful thoughts), and not to despise or judge one another, but to take each other for such as do what we do to the Lord ; and let every man be fully per suaded in his own mind ; and so as to distinguish the points that we differ about from those in which God's kingdom doth consist, in which whosoever serveth Christ is acceptable to God, and should be approved of men ; and so as to follow the things that edify and make for peace, and not lay a stumbling- block or occasion of falling in our brother's way, or destroy him by the uncharitable use of our liberty, knowing it is sin to him that esteemeth it sin ; but to forbear ourselves to use those things in controversy whereby our brother stumbleth or is offended, because he is damned if he use them doubt ingly ; and therefore to have the belief of their lawfulness to ourselves before God, and to bear with the infirmities of the 374 Reply to the Bishops' Disputants. [1661. weak, and please them to their edification, and not to please ourselves, that so being like-minded one towards another, that with one mind and one mouth we may glorify God : we say thus to receive is not consistent with the denial of communion in the sacrament for those faults. But such was the receiving required by the apostle, Rom xiv and xv. Ergo - He that can seriously ponder all these expressions, and the scope of the Holy Ghost, and yet can believe that aU this receiring is but such as consisteth with forbidding them com munion in the Lord's supper, which then was so great a part of the daily communion of the church ; and also may consist with the further process against people and ministers to ex communication, and prohibition to preach the gospel, which is now pleaded for in our case ; is of so strange a temperature of understanding, as that we can have Uttle hope by any Scripture evidence to convince him. 3. When the Holy Ghost requireth men in general to receive others as church members into church-communion, with^the affection and tenderness here expressed, and doth not except any ordinary part of church communion, it is not lawful for us to interpret it of such a receiring as excludeth the principal part of ordinary church-communion. But in Rom. xiv and xv, the Holy Ghost requireth men in general to receive others as church members into church- communion, with the affection and tenderness here ex pressed, and doth not except any ordinary part of church- communion. Ergo, it is not lawful for us to interpret it of such a receiving as excludeth the principal part of ordinary communion. The reason of the major is, because as the whole containeth aU the parts, so when the whole or general is commanded, if men may take liberty to except the v^ery principal part, where the law doth not except it, then no commands can be in telligible, or such interpreters may have liberty to make void the law at their own pleasure. As when it is said, " Honour the king," and "Let every soul be subject to the higher 1661.] Reply to the Bishops' Disputants. 375 powers," and "resist not," Sec, if men may take liberty, by interpreting, to except the very principal part of honour, and the principal persons from subjection, and the principal case from "resist not," it will be no just interpretation. If these same persons had a command in general, to " worship God," or "hold communion with the church," if they themselves should interpret it so as to exclude worshipping God in the sacrament of the eucharist, or holding communion with the church therein, we doubt not but they would be judged unjust distinguishers. The minor is granted us by our reverend brethren, who here openly confess that the text speaketh of church mem bers, and of receiving them to church-communion, though they unwarrantably interpret it of such a communion as ex tendeth not to the sacrament of the eucharist. 3. If the text, Rom. xiv and xv, forbid not one part to put away others from communion in the sacrament of the eucharist, then it forbiddeth not the other party to separate fi'om their brethren in the sacrament of the eucharist. But the consequent is false : ergo so is the antecedent. The reason of the consequence of the major is, because if it speak not of that part of communion to one party, it can not speak of it to the other, it being plainly the same communion that it speaketh of to both. The minor is ordinarily granted us by the dissenters, when they apply this text against separatists, that upon the account of ceremonies and things indifferent, condemn the church, and judge their brethren, and separate from their communion in the eucharist. II. From other Scriptures. If in aU the Word of God there be no mention of such a receiving into church-com munion (much less with all these prohibitions of judging, despising, offending. Sec), as consisteth with rejecting from communion in the eucharist, of any person naturally capable, then the word " receiving " is not to be so expounded here. But in aU the word of God there is no mention of such a 376 Reply to the Bishops' Disputants. [1661, receiving into church-communion (much less with all these prohibitions. Sec.) as consisteth with rejecting from com munion in the eucharist, of any person naturally capable. Ergo, the word " receiving," is not to be so expounded here. The reason of the consequence of the major is, because here is no apparent ground in this text for us to understand the receiving spoken of, as different from what is mentioned in all other places of the Holy Scripture : and if without any such ground we should allow ourselves a singular interpre tation, we should open a way to men to make what they please of Scripture. The minor being to be proved by an induction of all particular texts, it will be the briefer way for the re spondent to instance in any one which he thinks hath such a sense, and then we shall be ready to prove the contrary. III. For the sense of expositors we shall begin vrith the learned Dr. Hammond, who expounded the text of church- communion, and such communion as cannot exist with ex communicating from the sacrament of the eucharist, or the other heavy penalties upon ministers and people which we now plead against, as may be seen in these his plain expressions. "Verse 1. And for the preserving of that Christian charity among all, mentioned solemnly, chap, xiii, 8, 9, 10 {vid. loc). I shall enlarge to give these rules. The Jewish believers — on the other side, the Gentile believers seeing the Jewish stand upon such things — are apt to separate ; and so, betwixt one and other, the communion is like to be broken. The scrupu lous or erroneous Judaizer do the Gentiles not reject, but receive to your communion; yet not so that he thereby thinks himself encouraged or authorised to quarrel with other men's resolutions, and to condemn others. Verse 3. The scrupulous Judaizer must not reject and cast out of his com munion the Gentile Christian, for God hath admitted him into his church (without laying that yoke upon him), as a servant iuto his family, and he is not to be excluded by the 1661.J Reply to the Bishops' Disputants. 377 Judaizer for such things as these. Verse 4. What commis sion hast thou, O Jewish Christian, to judge God's servant, received and owned by him, to exclude him out of the church? God is able to clear him, if he please, and he certainly wUl, haring, by receiving him into his family, given him this liberty. Verse 5. In such things every man must act by his own, and not by another man's judgment or con science, what he is verUy persuaded he ought to do ; and therefore unity and charity ought not to be broken by you for such things. Verses 6, 7. And this sure is well done on both sides ; for no man of us is to do what he himself likes best, but what he thinks is most acceptable to God. Verse 9. And aU the fruit of Christ's death, and suffering, and resur-. rection, which accrues to him, is only this — that he may have power and dominion over us all, to command or give what liberty he pleaseth. Verse 10. But why dost thou Jewish condemn the Gentile Christian, or exclude him from thy communion, because he useth his Christian liberty ? Sec. Or thou, GentUe Christian, why dost thou think it a piece of senseless stupidity in the Jew to abstain, and thereupon des pise and vilify him, which also is a kind of judging him? Whereas, indeed, neither of you is to be the judge of the other, but Christ of you both. Verse 13. Do not any longer censure and separate from one another's communion for such things as these. Verse 14. The persuasion of its being for bidden him is, as long as he is so persuaded, sufficient to make it to him unlawful to use that liberty : see ver. 15, 16. Verse 17. For Christianity consists not in such external matters, but in mercifulness, and peaceableness, and delight to do good one to another ; not dividing, and hating, and ex communicating one another. Verse 19. Lotus most zealously attend to those things which may thus preserve peace among all sorts of Christians, though of different persuasions. Verse 30. Do not thou, for so inconsiderable a matter as eating is, or because another will not, or dares not, make use of that Christian liberty, disturb that peace, that unity which God hath wrought. Verse 31. It is not charitable to make 378 Reply to the Bishops' Disputants. [1661, use of any part of Christian liberty, when by this so doing any other man is kept from receiving the faith, or any way wounded or hurt, i. e. brought to any kind of sin. Verse 33, And, indeed, for the scrupulous Jew, there is little reason he should be so ill-used for his daring [not] to eat, when he thinks himself otherwise obliged; for it were a damning sin, for which his own conscience already condemns him, should he eat or do any indifferent thing, as long as he thinks in conscience that it is not so. Chap, xv, 5, 6, 7. And that God, for whom we ought to suffer, give you the grace of unity and charity, such as Christ commanded and expects from you, that ye may join unanimously Jews and GentUes into one, and assembling together, worship and serve the Lord, in all unity of affections and form of words. Where fore, in all humility of condescension and kindness, embrace and succour one another, help them up when they are fallen, instead of despising and driring them from your communion, after the example of Christ's usage towards men, who came from heaven and laid down his life to relieve us — and there is nothing by which God is more glorified than this." If all this may consist with rejecting from all com munion in the eucharist, and afterwards excommunicating, suspending, silencing, imprisoning. Sec, we understand not English. 3. In like manner Grotius, in loc. cap. xiv. 1. Contra vocati e Gentibus, conscii data per Christum libertatis, Judaos Judaice viventes a sua communione volebant excludere, (ii, 18, 31) unde secuturum eral schisma Huic malo ut occurrat Paulus, medium institit viam, et Judaos qui in Christum cre- diderant, monet ita suam sequantur opinionem, ut a damnandis crimine impietatis qui aliter sentiebant, abstineant. Ex genti bus vero vocatos, ne illorum quamvis Judaice viventium communionem defugiant, et ut imperitos spernant. Ylooc'ktx.yii- Q,avia^i. Societate Ecclesia, sicut qui hospitio aliquem excipiunt, dicuniur turn Tpo(TKu[/jQdi>eii/, (Acts xriii, 36; xxviii, 3.) Ecclesia enim domui comparatur supra (xi, 35.) Sumitur hac admonitio ex iis qua de Christo dicta; 1661. J Petition to the King. 379 (Matt, xii, 20.) 2. Tolerandi sunt ii qui ab omnibus animatis abstinendum putant, quod quidam faciebant religione quddam. Cap. XV, 6. "Ifa o^/jo^iv^alov 'm m sopjuri Soga^^jrs rov Qeoi/, id est, ut cum Deum laudatis, eique preces. funditis facialis id non tantum eodem verborum sono — sed et animo plena mulua delectionis, sine contemptu, sine odio. Habes hanc vocem 0(Jt0^viJbuhov (Act. ii, 46), ubi forma est ecclesia perfectis- sima, Adde ad ejus vocis explicationem id quod est. Act. iv, 32, (aU which includeth communion in the eucharist.) — Verse 7. Nolite ob res tales, alii alios a fraternitate abscindere. XXIII. Petition to the King at the Close of the Conference. — Reliquise Baxterianse, by Sylvester, pp. 366 — 8.' To the King's most excellent Majesty. The due account and humble Petition of us Ministers of the Gospel lately Commissioned for the Review and Alteration of the Liturgy. May it please your Majesty ; When this distempered nation, wearied with its own contentions and divisions, did groan for unity and peace, the wonderful proridence of the most righteous God appearing for the removal of impediments, their eyes were upon your majesty, as the person bom to be, under God, the centre of their concord, and taught by affliction to break the bonds of the afflicted, and by experience of the sad effects of men's uncharitableness and passions, to restrain all from violence and extremities, and keeping moderation and mediocrity, the oil of charity and peace. And when these your subjects' desires were accomplished in your majesty's peaceable posses sion of your throne, it was the joy and encouragement of the sober and religious, that you began the exercise of your ' Printed as originally drawn up by Baxter. — Reliquise Baxterianse, p. 365. 330 Petition to the King. [1661. government with a proclamation full of Christian zeal against debauchery and profaneness, declaring also your dislike of "those who under pretence of affection to your majesty and your service, assume to themselves the liberty of revUing, threatening, and reproaching others, to prevent that recon ciliation and union of hearts and affections, which can only with God's blessing, make us rejoice in each other." Our comforts also were carried on by your majesty's early and ready entertainment of motions for accommodation in these points of discipline and worship in which we were disagreed, and your professed resolutions to draw us together by mutual approaches, and publishing your healing Declaration, which was received with the thanks of your House of Commons, and the applause of the people, and the special joy of those that longed for concord and tranquiUity in the church. In which your majesty declareth so much satisfaction in the founda tions of agreement already laid, as that you "should think yourself very unfortunate, and suspect that you are defective in the administration of government, if any superstructures should shake these foundations, and contract or lessen the blessed gift of charity, which is a vital part of Christian religion." And as in the said gracious Declaration, your majesty resolved to "appoint an equal number of learned divines of both persuasions to review the liturgy, and to make such alterations as shaU be thought most necessary, and some additional forms (in the Scripture phrase as near as may be) suited unto the nature of the several parts of wor ship ; and that it be left to the minister's choice, to use one or other at his discretion;" so in accomplishment thereof, your majesty among others, directed your commission unto us for the review of "the several directions, rules, and forms of prayer, and things in the said Book of Common Prayer contained :" and " if occasion be, to make such reasonable and necessary alterations, corrections, and amendments therein, as by and between us shall be agreed upon to he needful or expedient for the giving of satisfaction to tender consciences, and the restoring and continuance of peace and 1661.] Petition to the King. 3gl unity in the churches under your protection and government," and what we " agree upon as needful or expedient to be done, for the altering, diminishing, or enlarging the said Book of Common Prayer, or any part thereof, forthwith to certify and present it in writing" to your majesty. In obedience to this your majesty's commission, we met with the Right Reverend Bishops, who required of us, that before any personal debates, we should " bring in writing, all our Exceptions against the Book of Common Prayer, and all the additional forms which we desired," Both which we performed; and received from them an Answer to the first, and returned them our full Reply. The last week of our time, being designed to personal conference, was at the will of the Right Reverend Bishops spent in a particular dispute by three of each part, about the sinfulness of one of the injunctions, from which we desired to be free ; and in some other conference on the by. .And though the account which we are forced to give your majesty of the issue of our con sultations is that, no agreements are subscribed by us, to be offered your majesty, according to your expectation; and though it be none of our intent to cast the least unmeet reflections upon the Right Reverend Bishops and learned brethren who think not meet to yield to any considerable alterations to the ends expressed in your majesty's commis sion ; yet we must say, that it is some quiet to our minds that we have not been guUty of your majesty's and your subjects' disappointments, and that we account not your majesty's gracious commission, nor our labour lost, having peace of conscience in the discharge of our duties to God and you : that we have been the seekers and followers of peace, and have earnestly pleaded, and humbly petitioned for it; [and offered for it any price below the offence of God Almighty, and the wounding or hazard of our own, or of the people's souls; and that we have in season borne our testimony against those extremes, which at last will appear to those that do not now discern it, to have proceeded from uncharit able mistake, and tended to the division and trouble of the 383 Petition to the King. [1661, church : that whatever shall become of charity, unity, and concord, our life, our beauty, and our bands, our consciences tell us we have not deserted them, nor left any probable means unattempted, which we could discern within our power.] 2 And we humbly beseech your majesty to believe, that we own no principles of faction or disobedience, nor patronize the errors or obstinacy of any. It is granted us by all, that nothing should be commanded us by man, which is contrary to the Word of God : that if it be, and we know it, we are bound not to perform it, God being the absolute universal sovereign; that we must use all just means to dis cern the wiU of God, and whether the commands of man be contrary to it: that if the command be sinful, and any, through the neglect of sufflcient search, shall judge it lawful, his culpable error excuseth not his doing of it from being sin ; and therefore as a reasonable creature must needs have a judgment of discerning, that he may rationally obey, so are we with the greatest care and diligence to exercise it in the greatest things, even the obeying of God and the saving of our souls; and that where a strong probabUity of great sin and danger lieth before us, we must not rashly run on with out search ; and that to go against conscience, even where it is mistaken, is sin and danger to him that erreth. And on the other side we are agreed that, in things no way against the laws of God, the commands of our governors must be obeyed : that if they command what God forbids, we must patiently submit to suffering; and every soul must be subject to the higher powers, for conscience sake, and not resist : that public judgment, civil, or ecclesiastical, belongeth only to public persons, and not to any private man : that no man must be causelessly and pragraaticaUy inquisitive into the reasons of his superior's commands ; nor by pride and self- conceitedness exalt his own understanding above its worth and office; but all to be modestly and humbly self- suspicious: " This passage between brackets was left out in the Address as presented to the king. 1661 j Petition to the King. 383 that none must erroneously pretend God's law against the just command of his superior, nor pretend the doing of his duty to be sin : that he who suspecteth his superior's com mands to be against God's laws, must use all means for full information, before he settle in a course of disobeying them : and that he who indeed discovereth anything commanded to be sin, though he must not do it, must manage his opinion with very great tenderness and care of the public peace, and the honour of his governors. These are our principles. If we are otherwise represented to your majesty we are misre presented. If we are accused of contradicting them, we humbly crave that we may never be condemned till we are heard. It is the desire of our souls to contribute our parts and interests to the utmost, for the promoting of holiness, charity, unity, and obedience to rulers in all lawful things. But if we should sin against God, because we are com manded, who shall answer for us, or save us from his justice ? And we humbly crave, that it may be no unjust grievance of our dissent, that thereby we suppose superiors to err ; seeing it is but supposing them to be men not yet in heaven ; and this may be imputed to every one that differeth in opinion from another. And we beseech your majesty to believe that, as we seek no greater matters in the world than our daily bread, with liberty to preach the gospel, and worship God according to his Word and the practice of the primitive purest church, so we hope it is not through pusillanimity and overmuch tenderness of suffering that we have pleaded so much for the avoiding of suffering to ourselves or others. May none of our sufferings hinder the prosperity of the church, and the good of souls [of men ! May not our dread sovereign, the breath of our nostrils, be tempted by mis representations to distaste such as are faithful, and unawares to wrong the interest of Christ, and put forth his hand to afflict those that Christ would have him cherish, lest their head should be provoked to jealousy and offence ! May not the land of our nativity languish in divisions, nor be filled with the groans of those that are shut out of the holy assemblies. 384 Petition to the King. [1661. and those that want the necessary breaking of the bread of life, nor be disappointed of its expected peace and joy ! Let not these things befall us,J ' and we have enough. And we suppose those that think the persons inconsiderable in number and quality for whom we plead, will not themselves believe that we have done this for popular applause. This were not so much to seek the reward of hypocrites, as to play the game of fools ; seeing the applause of inconsiderable men can be but inconsiderable ; and we know ourselves that we are like thus to offend those that are not inconsiderable. The Lord, that searcheth hearts, doth know that it is not so much the avoiding of suffering to ourselves or any particular persons that is the end of our endeavours (though this were no ambitious end,) as the peace and welfare of the church and kingdoms under your majesty's government. We know that, supposing them that are for the ceremonies to be as pious and charitable as the rest, it cannot so much offend them that another man forbeareth them, as it must offend that other to be forced to use them : and we know that conscien tious men wUl not consent to the practice of things in their judgments unlawful, when those may yield that count the matters but indifferent. And for the management of this treaty, it being agreed at our first meeting, that nothing be reported as the words or sense of either part, but what is by them delivered in writing, we humbly crave that your majesty receive no more as ours; and that what is charged on any particular person, he may be answerable for himself. And though the reverend bishops have not had time to consider of our Additions to the liturgy, and of our Reply, that yet they may be considered before a determination be made. And though we seem to have laboured in vain, we shall yet lay this wbrk of reconcUiation and peace at the feet of your majesty, beseeching you to prosecute such a blessed resolution till it attain success. We ^ This passage between brackets was left out in the Address as presented to the king. 1661.] Petition to the King. 385 must needs believe, that when your majesty took our consent to a liturgy, to be a foundation that would infer our concord, you meant not that we should have no concord, but by con senting to this Uturgy without any considerable alteration. And when you comforted us with your resolution to draw us together, by yielding on both sides in what we could, you meant not that we should be the boat, and they the bank that must not stir. And when your majesty commanded us by your letters patents to treat about such alteratibns as are "needful or expedient for giving satisfaction to tender con sciences, and the restoring and continuance of peace and unity," we rest assured that it was not your sense, that those tender consciences were to be forced to practise all which they judged unlawful, and not so much as a ceremony abated them. Or that our treaty was only to convert either part to the opinion of the other ; and that aU our hopes of concord or liberty consisted only in disputing the bishops into non conformity, or coming in evety ceremony to their minds. FinaUy, as your majesty, under God, is the protection whereto your people fly, and as the same necessities still remain, which drew forth your gracious Declaration, we most humbly and earnestly beseech your majesty, that the benefits of the said Declaration may be continued to your people, and in particular, "that none be punished or troubled for not using the Common Prayer, tUl it be effectuaUy reformed," and the additions made as there expressed. We crave your majesty's pardon for the tediousness of this Address, and shaU wait in hope, that so great a calamity of your people, as would foUow the loss of so many able faithful ministers as rigorous impositions would cast out, shaU never be recorded in the histoty of your reign : but that these impediments of concord being forborne, your kingdoms may flourish in piety and peace, and this may be the signal honour of your happy government, and your joy in the day of your accounts. Which is the prayer of Your majesty's faithful and obedient subjects. c c 386 Act of Uniformity. [1662, XXIV. The Act of Uniformity. An Act for the Uniformity of Public Prayers and Administra tion of Sacraments and other Rites and Ceremonies : and for establishing the form of making, ordaining, and conse crating Bishops, Priests, and Deacons, in the Church of England, Whereas, in the first year of the late Queen Elizabeth, there was one uniform order of common service and prayer, and of the administration of sacraments, rites, and ceremonies of the Church of England (agreeable to the Word of God, and usage of the primitive church) compUed by the reverend bishops and clergy, set forth in one book, entitled " The Book of Common Prayer, and Administration of the Sacraments, and other Rites and Ceremonies of the Church of England," and enjoined to be used by Act of Parliament, holden in the said first year of the said late queen, entitled An Act for Uniformity of Common Prayer and serrice in the Church, and administration of the sacraments, very comfortable to all good people desirous to live in Christian conversation, and most profitable to the estate of this realm, upon the which the mercy, favour, and blessing of Almighty God is in no wise so readily and plentifully poured as by common prayers, due using of the sacraments, and often preaching of the gospel, with devotion of the hearers. And yet this, notwith standing, a great number of people in divers parts of this realm, following their own sensuality, and living without knowledge, and due fear of God, do wUfuUy and schismati- cally abstain and refuse to come to their parish churches, and other public places where common prayer, administra tion of the sacraments, and preaching of the Word of God is used upon the Sundays and other days ordained and appointed to be kept and observed as holy days : And whereas, by 1662.] ^ct of Uniformify. ZS7 the great and scandalous neglect of the ministers in using the said order or liturgy so set forth and enjoined as aforesaid, great mischiefs and inconveniences, during the time of the late unhappy troubles, have arisen and grown, and many people have been led into factions and schisms, to the great decay and scandal of the reformed religion of the Church of liliigland, and to the hazard of many souls. For prevention whereof in time to come, for settling the peace of the church, and for aUaying the present distempers which the indisposition flf the time hath contracted, the king's majesty (according to his declaration of the five-and-twentieth of October, one thousand six himdred and sixty,) granted his commission, under the great seal of England, to several bishops and other dirines, to review the Book of Common Prayer, and to prepare such alterations and additions as they thought fit to offer. And afterwards the convocations of both the provinces of Canter bury and York, being by his majesty called and assembled, (and now sitting) his majesty hath been pleased to authorize and require the presidents of the said convocation, and other the bishops and clergy of the same, to review the said Book of Common Prayer, and the book of the form and manner of the making and consecrating of bishops, priests, and deacons : and that, after mature consideration, they should make such additions and alterations in the said books respectively, as to them should seem meet and convenient ; and should exhibit and present the same to his majesty in writing, for his further allowance or confirmation; since which time, upon fuU and mature deliberation, they the said presidents, bishops, and clergy of both prorinces, have accordingly reriewed the said books, and have made some alterations which they think fit to be inserted to the same ; and some additional prayers to the said Book of Common Prayer, to be used upon proper and emergent occasions; and have exhibited and presented the same unto his majesty in writing, in one book, entitled "The Book of Common Prayer, and Administration of the Sacraments, and other Rites and Ceremonies of the Church, according to the use of the Church of England, together c c 2 ^88 Act of Uniformity. [1663 with the Psalter or Psalms of David, pointed as they are to be sung or said in churches ; and the form and manner of making, ordaining, and consecrating of bishops, priests, and deacons." All which his majesty having duly considered, hath fully approved and allowed the same, and recommended to this present parliament, that the said Books of Common Prayer, and of the form of ordination and consecration of bishops, priests, and deacons, with the alterations and additions which have been so made and presented to his majesty by the said convocations, be the book which shaU be appointed to be used by all that officiate in aU cathedral and coUegiate churches and chapels, and in all chapels or colleges, and halls in both the Universities, and the colleges of Eton and Win chester, and in all parish churches and chapels within the kingdom of England, dominion of Wales, and town of Ber wick-upon-Tweed, and by all that make or consecrate bishops, priests, or deacons, in any of the said places, under such sanctions and penalties as the Houses of Parliament shall think fit. II. Now in regard that nothing conduceth more to the settling of the peace of this nation (which is desired of all good men) nor to the honour of our reUgion, and the propa gation thereof, than a universal agreement in the public wor ship of Almighty God, and to the intent that every person within this realm, may certainly know the rule to which he is to conform in public worship, and administration of sacra ments, and other rites and ceremonies of the church of England, and the manner how, and by whom bishops, priests, and deacons are, and ought to be made, ordained, and conse crated. Be it enacted by the king's most excellent majesty, by the advice and with the consent of the lords spiritual and temporal, and of the commons in this present parliament as sembled, and by the authority of the same, that aU and singular ministers in any cathedral, coUegiate, or parish church or chapel, or other place of public worship within this realm of England, dominion of Wales, and town of Berwick- upon-Tweed, shaU be bound to say and use the morning 1662.] Act of Uniformity. 389 prayer, evening prayer, celebration and administration of both the sacraments, and aU other the public and common prayer, in such order and form as is mentioned in the said hook annexed, and joined to this present Act, and entitled, "The Book of Common Prayer, and Administration of the Sacraments, and other Rites and Ceremonies of the Church, according to the use of the Church of England, together with the Psalter or Psalms of David : pointed as they are to be sung or said in churches : and the form or manner of making, ordaining, and consecrating of bishops, priests, and deacons :" and that the morning and evening prayers therein contained, shaU, upon every Lord's day, and upon all other days and occasions, and at the times therein appointed, be openly and solemnly read by all and every minister or curate in every church, chapel, or other place of public worship, within this realm bf England, and places aforesaid, III. And to the end that uniformity in the public worship of God, (which is so much desired may be speedily effected,) Be it further enacted by the authority aforesaid, that every parson, ricar, or other minister whatsoever, who nbw hath and enjoyeth any ecclesiastical benefice or prombtibn within this realm of England, or places aforesaid, shall in the church, chapel, or place of public worship belonging to his said bene fice or promotion, upon some Lord's day before the feast of St. Bartholomew, which shall be in the year of our Lord God, one thousand six hundred and sixty two, openly, pub- Hcly, and solemnly read the morning and evening prayer appointed to be read by and according to the said Book of Common Prayer, at the times thereby appointed ; and after such readmg thereof, shall openly and publicly, before the congregation there assembled, declare his unfeigned assent and consent to the use of all things in the said book contained and prescribed in these words and no other. IV. I, A. B., do here declare my unfeigned assent and consent to all and evetything contained and prescribed in and by the book intituled, "The Book of Common Prayer, and Administration of the Sacraments, and other Rites and 390 Ad of Uniformity. [1662, Ceremonies of the Church, according to the use of the Church of England, together with the Psalter or Psalms of David, pointed as they are to be sung or said in churches : and the form or manner of making, ordaining, and consecrating of bishops, priests, and deacons." V. And that all and every such person who shall (without some lawful impediment, to be allowed and approved of by the ordinary of the place) neglect or refuse tb do the same within the time aforesaid (or in case of such impediment), within one month after such impediment removed, shaU, ipso facto, be deprived of all his spiritual promotions. And that from thenceforth it shall be lawful to, and for aU patrons and donors of all and singular the said spiritual promotions, or of any of them, according to their respective rights and titles, to present or collate to the same, as though the person or persons so offending or neglecting were dead. VL And be it further enacted by the authority aforesaid, that every person who shaU hereafter be presented or coUated, or put into any ecclesiastical benefice or promotion within this realm of England, and places aforesaid, shall, in the church, chapel, or place of public worship belonging to his said benefice or promotion, within two months next after that he shall be in the actual possession of the said ecclesiastical benefice or promotion, upon some Lord's day, openly, publicly, and solemnly, read the morning and evening prayers appointed to be read by and according to the said Book of Common Prayer, at the times thereby appointed, or to be appointed, and after such reading thereof, shall openly and publicly, before the congregation there assembled, declare his unfeigned assent and consent to the use of all things therein contained and prescribed, according to the form before ap pointed. And that all and every such person, who shall (without some lawful impediment, to be aUowed and approved by the ordinary of the place) neglect or refuse to do the same within the time aforesaid, (or in the case of such impediment, within one month after such impediment removed;) shall. 1663.] -^'^^ 0/ Uniformity. 391 ipso facto, be deprived of all his said ecclesiastical benefices and promotions. And that from thenceforth it shall and may he lawful to and for all patrons and donors of aU and singular the said ecclesiastical benefices and promotions, or any of them, according to their respective rights and titles, to present or collate to the same, as though the person or persons so offending or neglecting were dead, VII. And be it further enacted, by the authority aforesaid, that in aU places where the proper incumbent of any parson age, or vicarage, or benefice with cure, doth reside on his liring and keep a curate, the incumbent himself in person (not having some lawful impediment, to be allowed by the ordinaty of the place), shaU once (at the least) in every month, openly and publicly, read the common prayers and serrice, in and by the said book prescribed, and (if there be occasion) administer each of the sacraments, and other rites of the church, in the parish church or chapel of, or belonging to the same parsonage, ricarage, or benefice, in such order, manner, and form, as in and by the said book is appointed ; upon pain to forfeit the sum of five pounds to the use of the poor of the parish, for every offence, upon conviction by confession, or proof of two credible witnessess upon oath, before two justices of the peace of the county, city, or town corporate where the offence shall be committed (which oath the said justices aife hereby empowered to administer), and in default of payment within ten days, to be levied by distress and sale of the goods and chattels of the offender by the warrant of the said justices, by the churchwardens, or over seers of the poor of the said parish, rendering the surplusage to the party, VIII. And be it further enacted by the authority afore said, that evety dean, canon, and prebendary of every cathedral or coUegiate church, and all masters, and other heads, feUows, chaplains, and tutors of or in any college, hall, house of learning, or hospital, and every public pro fessor and reader in either of the universities, and in every college elsewhere, and every parson, vicar, curate, lecturer. 393 Act of Uniformity. [1663, and every other person in holy orders, and every school master keeping any public or private school, and every person instructing or teaching any youth in any house or private family as a tutor or schoolmaster, who upon the first day of May which shaU be in the year of our Lord God one thou sand six hundred and sixty-two, or at any time thereafter shall be incumbent or have possession of any deanery, canonry, prebend, mastership, headship, fellowship, pro fessor's place, or reader's place, parsonage, vicarage, or any other ecclesiastical dignity or promotion, or of any curate's place, lecture or school; or shaU instruct or teach any youth as tutor or schoolmaster, shaU before the feast day of St, Bartholomew which shaU be in the year of our Lord one thousand six hundred and sixty-two, or at or before his or their respective admission to be incumbent or have possession aforesaid, subscribe the declaration or ac knowledgment following : — scilicet. IX, 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 traitorous position of taking arms by his authority against his person, or against those that are com missioned by him : and that I wiU conform to the liturgy of the church of England as it is now by law established : and I do declare, that I do hold there lies no obligation upon me, or any other person, from the oath commonly caUed, The Solemn League and Covenant, to endeavour any change or alte ration of government either in church or state ; and that the same was in itself an unlawful . oath, and imposed upon the subjects of this realm against the known laws and liberties of this kingdom, X, Which said declaration and acknowledgment shall be subscribed by evety of the said masters, and other heads, fellows, chaplains, and tutors of, or in any college, hall, or house of learning, and by every public professor and reader in either of the universities, before the vice chanceUor of the respective universities for the time being, or his deputy : and the said declaration or acknowledgment shall be sub- 1663.] Ad of Uniformity. 393 scribed before the respective archbishop, bishop, or ordinary of the diocese, by every other person hereby enjoined to sub scribe the same ; upon pain that all and every of the persons aforesaid .failing in such subscription, shall lose and forfeit such respective deanery, canonry, prebend, mastership, head ship, fellowship, professor's place, reader's place, parsonage, ricarage, ecclesiastical dignity or promotion, curate's place, lecture, and school, and shall be utterly disabled, and ipso facto deprived of the same : and that every such respective deanery, canonry, prebend, mastership, headship, feUowship, professor's place, reader's place, parsonage, vicarage, ecclesias tical dignity or promotion, curate's place, lecture and school, shaU be void, as if such person so failing were naturaUy dead, XI. And if any schoolmaster or other person instructing or teaching youth in any private house or family as a tutor or schoolmaster shaU instruct or teach any youth as a tutor or schoolmaster, before license obtained from his respective archbishop, bishop, or ordinary of the diocese, according to the laws and statutes of this realm, (for which he shaU pay twelvepence only,) and before such subscription or acknow ledgment made as aforesaid : then every such schoolmaster, and other instructing and teaching as aforesaid shall, for the first offence, suffer three months' imprisonment, without baU or mainprize; and for every second and other such offence shaU suffer three months' imprisonment without bail or mainprize, and also forfeit to his majesty the sum of five pounds: and after such subscription made, every such parson, vicar, curate, and lecturer, shaU procure a certificate, under the hand and seal of the respective archbishop, bishop, or ordinary of the diocese, (who are hereby enjoined and re quired upon demand to make aiid deliver the same,) and shaU publicly and openly read the same, together with the declaration or acknowledgment aforesaid, upon some Lord's day within three months then next foUowing in his parish church where he is to officiate, in the presence of the con gregation there assembled in the time of divine serrice; upon pain that every person faiUng therein shall lose such 894 Ad of Uniformity. [1662. parsonage,, vicarage, or benefice, curate's place or lectiu-er's place respectively, and shall be utterly disabled and ipso facto deprived of the same ; and that the said parsonage, vicarage, or benefice, curate's place or lecturer's place, shall be void as if he was naturally dead. XII. Provided always, that from and after the twenty-fifth day of March, which shall be in the year of our Lord God one thousand six hundred and eighty-two, there shall be omitted in the said declaration or acknowledgment so to be subscribed and read, these words following, scilicet : And I do declare, that I do hold there lies no obliga tion on 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 itself an unlawful oath, and imposed upon the subjects of this realm, against the known laws and liberties of this kingdom. So as none of the persons aforesaid shaU from thence forth be at all obliged to subscribe or read that part of the said declaration or acknowledgment. XIIL Provided always and be it enacted, that from and after the feast of St, Bartholomew which shaU be in the year of our Lord one thousand six hundred and sixty-two, no person who now is incumbent and in possession of any par sonage, vicarage, or benefice, and who is not already in holy orders by episcopal ordination, or shall not before the said feast-day of St. Bartholomew be ordained priest or deacon according to the form of episcopal ordination, shall have, hold, or enjoy the said parsonage, ricarage, benefice, -with cure or other ecclesiastical promotion within this kingdom of England, or the dominion of Wales, or town of Berwick- upon-Tweed, but shall be utterly disabled and ipso facto deprived of the same, and aU his ecclesiastical promotions shall be void as if he was naturally dead, XIV, And be it further enacted by the authority aforesaid,, that no person whatsoever shaU thenceforth be capable to be admitted to any parsonage, vicarage, benefice, or other eccle- 1663.] Act of Uniformity. 395 siastical promotion or dignity whatsoever, nor shall presume to consecrate and administer the holy sacrament of the Lord's supper before such time as he shall be ordained priest according to the form and manner in and by the said book prescribed, unless he have formerly been made priest by episcopal ordination; upon pain to forfeit for every offence the sum of one hundred pounds, one moiety thereof to the king's majesty, the other moiety thereof to be equally divided between the poor of the parish where the offence shaU be committed; and svch person or persons as shall sue for the same by action of debt, biU, plaint, or informa tion in any of his majesty's courts of record, wherein no essoin, protection, or wager of law shall be allowed, and to be disabled from taking or being admitted into the order of priest by the space of one whole year then next following, XV. Provided, that the penalties in this act shall not extend to the foreigners or aliens of the foreign reformed churches, allowed or to be aUowed by the king's majesty, his heirs and successors, in England. XVI. Prorided always, that no title to confer or present by lapse, shaU accrue by any avoidance or deprivation ipso facto by rirtue of this statute, and after six months after notice of such avoidance or deprivation given by the ordinary to the patron, or such sentence of deprivation openly and pubUcly read in the parish church of the benefice, parsonage, or ricarage becoming void, or whereof the incumbent shall be deprived by virtue of this act. XVII, And be it further enacted by the authority afore said, that no form or order of common prayers, administra tion of sacraments, rites or ceremonies, shall be openly used in any church, chapel, or other public place of, or in any college or hall in either of the universities, the coUeges of West minster, Winchester, or Eaton, or any of them, other than what is prescribed and appointed to be used in and by the said book; and that the present governor or head of every college and hall in the said universities, and of the said colleges of Westminster, Winchester, and Eaton, Act of Uniformity. [1662, within bue month after the feast of St. Bartholomew which shall be in the year of our Lord one thbusand six hundred and sixty-twb; and evety governor or head of any of the said colleges or halls hereafter to be elected or appointed, within one month next after his election or coUatibn and admission into the same government or headship, shaU openly and publicly in the church, chapel, or other public place of the same college or hall, and in the presence of the feUows and scholars of the same, or the greater part of them then resident, subscribe unto the Nine-and-Thirty Articles of religion mentioned in the statute made in the thirteenth year of the reign of the late Queen Elizabeth, and unto the said book, and declare his unfeigned assent and consent unto and approbation of the said articles, aud of the same book, and to the use of aU the prayers, rites, and ceremonies, forms and brders, in the said book pre scribed and contained, according to the fbrm aforesaid; and that all such governors or heads of the said col leges and halls, or any of them, as are, or shaU be, in holy orders, shall once (at least) in every quarter of the year (not having a lawful impediment) openly and publicly read the morning prayer and serrice in and by the said book appointed to be read in the church, chapel, or other public place of the same college or hall; upon pain to lose and be suspended of and from all the benefits and profits belonging to the same government or headship, by the space of six months, by the visitor or visitors of the same coUege or haU; and if any governor or head of any college or haU, suspended for not subscribing unto the said articles and book, or for not reading of the morning prayer and service as aforesaid, shall not, at or before the end of six months next after such suspension, subscribe unto the said articles and book, and declare his consent thereunto as aforesaid, or read the morning prayer and service as aforesaid, then such government or headship shall be ipso facto void, XVIII, Provided always, that it shall and may be lawful 1663,] Ad of Uniformily. 3Q7 to use the morning and evening prayer, and aU other prayers and service prescribed in and by the said book, in the chapels or other pubUc places of the respective colleges and halls in both the universities, in the colleges of Westminster, Winchester, and Eton, and in the convocations of the clergies of either province, in Latin; anything in this Act to the contrary notwithstanding. XIX. And be it further enacted, by the authority afore said, that no person shaU be, or be received as a lecturer, or permitted, suffered, or allowed to preach as a lecturer, or to preach or read any sermon, or lecture in any church, chapel, or other place of pubUc worship, within this realm of England, or the dominion of Wales, and town of Berwick- upon-Tweed, unless he be first approved, and thereunto licensed by the archbishop of the prorince, or bishop of the diocese, or (in case the see be void) by the guardian of the spiritualities, under his seal, and shaU, in the presence of the same archbishop, or bishop, or guardian, read the Nine-and- Thirty Articles of religion mentioned in the statute of the thirteenth year of the late queen Elizabeth, with declaration of his unfeigned assent to the same ; and that every person and persons who now is, or hereafter shall be licensed, assigned, and appointed, or received as a lecturer, to preach upon any day of the week, in any church, chapel, or place of public worship within this realm of England, or places afore said, the first time he preacheth (before his sermon) shall openly, publicly, and solemnly read the common prayers and serrice in and hy the said book appointed to be read for that time of the day, and then and there publicly and openly declare his assent unto and approbation of the said book, and to the use of all the prayers, rites and ceremonies, forms and orders therein contained and prescribed, according to the form before appointed in this Act; and also shall, upon the first lecture day of every month afterwards, so long as he contmues lecturer or preacher there, at the place appointed for his said lecture or sermon, before his said lecture or sermon, openly, publicly, and solemnly read the common 898 ji^ct of Uniformity. [1662, prayers and service in and by the said book appointed to be read for that time of the day at which the said lecture or sermon is to be preached, and after such reading thereof, shall, openly and publicly, before the congregation there assembled, declare his unfeigned assent and consent unto and approbation of the said book and to the use of aU the prayers, rites and ceremonies, forms and orders, therein con tained and prescribed, according to the form aforesaid; and that all and every such person and persons who shaU neglect or refuse to do the same, shall from thenceforth be disabled to preach the said or any other lecture or sermon in the said or any other church, chapel, or place of public wor ship, until such time as he and they shaU openly, pubUcly, and solemnly read the common prayers and service appointed by the said book, and conform in all points to the things therein appointed and prescribed, according to the purpose, true intent, and meaning of this Act, XX. Provided always, that if ihe said sermon or lecture be to be preached or read in any cathedral or collegiate church or chapel, it shall be sufficient for the said lecturer, openly, at the time aforesaid, to declare his assent and con sent to all things contained in the said book, according to the form aforesaid. XXI. And be it further enacted, by the authority afore said, that if any person who is by this Act disabled to preach any lecture or sermon, shall, during the time that he shaU continue and remain so disabled, preach any sermon or lecture; that then, for every such offence, the person and persons so offending shall suffer three months' imprisonment in the common gaol, without baU or mainprize.; and that any two justices of the peace of any county of this kingdom and places aforesaid, and the mayor or other chief magistiate of any city or town corporate within the same, upon certifi cate from the ordinary of the place made to him or them, of the offence committed, shall, and are hereby required to com mit the person or persons so offending, to the gaol of the same county, city, or town corporate accordingly. 1663.] ^^^ °/ Uniformity. 399 XXII. Provided always, and be it further enacted, by the authority aforesaid, that at aU and every time and times when any sermon or lecture is to be preached, the common prayers and service in and by the said book appointed to be read for that time of the day, shaU be openly, pubUcly, and solemnly read by some priest or deacon, in the church, chapel, or place of public worship where the said sermon or lecture is to be preached, before such sermon or lecture be preached ; and that the lecturer then to preach shall be present at the reading thereof. XXIII. Prorided nevertheless, that this Act shall not extend to the university churches in the universities of this realm, or either of them, when or at such times as any sermon or lecture is preached or read in the said churches, or any of them, for or as the public university sermon or lecture ; but that the same sermons and lectures may be preached or read in such sort and manner as the same have been heretofore preached or read, this Act or anything herein contained to the contrary thereof in any wise notwithstanding, XXIV, And be it further enacted, by the authority afore said, that the several good laws and statutes of this realm, which have been formerly made, and are now in force for the uniformity of prayer, and administration of the sacraments within this realm of England, and places aforesaid, shall stand in fuU force and strength to all intents and purposes whatso ever, for the estabUshing and confirming of the said book, entitled " The Book of Common Prayer, and Administration of the Sacraments and other Rites and Ceremonies of the Church accordmg to the use of the Church of England, together with the Psalter or Psalms of Darid, pointed as they are to be said or sung in churches, and the form or manner of making, ordaming, and consecrating of bishops, priests, and deacons," herein before mentioned, to be joined and annexed to this Act, And shaU be applied, practised, and put in use for the punish ing of aU offences contrary to the said laws, with relation to the book aforesaid, and no other. ^^ Act of Uniformity. [1663, XXV, Provided always, and be it further enacted, by the authority aforesaid, that in all those prayers, Utanies, and coUects which do any way relate to the king, queen, or royal progeny, the names be altered and changed from time to time, and fitted to the present occasion according to the direction of lawful authority, XXVI, Prorided also, and be it enacted by the authority aforesaid, that a true printed copy of the said hook, entitled " The Book of Common Prayer, and Administration of the Sacraments, and other Rites and Ceremonies of the Church, according to the use of the Church of England, together with the Psalter or Psalms of David, pointed as they are to be sung or said in churches, and the form and manner of making, ordaining, and consecrating of bishops, priests, and deacons" shaU at the costs and charges of the parishioners of every parish church and chapel, cathedral, church, coUege, and haU, be attained and gotten before the feast day of St, Bartholomew, in the year of our Lord, one thousand sis hundred sixty and two, upon pain of forfeiture of three pounds, by the month, for so long time as they shaU then- after be unprovided thereof, by every parish or chapehy, cathedral, church, college, and haU making default therein, XXVII, Prorided always, and be it enacted by the authority aforesaid, that the Bishops of Hereford, St, David's, Asaph, Bangor, and Landaff, and their successors, shall take such order among themselves, for the souls' health of the flock committed to their charge, within Wales, that the book hereunto annexed be truly and exactly translated intb the British br Welsh tbugue ; and that the same so translated, and being by them, or any three of them at the least, riewed, perused, and allowed, be imprinted to such number at least, so that one of the said books, so translated and imprinted, may be had for every cathedral, coUegiate and parish church, and chapel of ease, in the said respective dioceses and places in Wales, where the Vi'elsh is commonly spoken or used, before the first day of May, one thousand six hundred and sixty-five : and that from and after the imprinting aud pub- 1663.] -^«^ °/ Uniformity. 401 lishing of the said book so translated, the whole divine ser vice shaU be used and said by the ministers and curates throughout aU Wales, within the said ], dioceses where the Welsh tongue is commonly used, in the British or Welsh tongue, in such manner and form as is prescribed according to the book hereunto annexed to be used in the English tongue, differing nothing in any order or form from the said English book, for which book, so translated and imprinted, the churchwardens of evety the'said parishes shall pay out of the parish money in their hands for the use of the respective churches, and be aUowed the same on their account; and that the said bishops and their successors, or any three of them at the least, shaU set and appoint the price for which the said book shaU be sold. And one other Book of Com mon Prayer, in the EngUsh tongue, shall be bought and had in every church throughout Wales, in which the Book of Common Prayer in Welsh is to had by force of this Act, before the first day of May, one thousand six hundred and sixty-four; and the same books to remain in such convenient places within the said churches, that such as understand them may resort at aU convenient times to read and peruse the same; and also such as do not understand the said language, may, by conferring both tongues together, the sooner attain to the knowledge of the English tongue, any- thiog in this Act to the contrary notwithstanding. And untU printed cbpies of the said book so to be translated, may be had and prorided, the form of Common Prayer estab lished by parliament before the making of this Act, shall be used as formerly in such parts of Wales where the EngUsh tongue is not commonly understood, XXVIII, And to the end that the true and perfect copies of this Act and the said book hereunto annexed may be safely kept and perpetuaUy preserved, and for the avoiding of all disputes for the time to come, be it therefore enacted by the authority aforesaid, that the respective deans and chapters of evety cathedral or coUegiate church within England and Wales shall, at their proper costs and charges, before the D D 402 Ad of Uniformity. [1662 twenty-fifth day of December, one thousand six hundred and sixty-two, obtain under the great seal of England, a true and perfect printed copy of this Act, and of the said book annexed hereunto, to be by the said deans and chapters and their successors, kept and preserved in safety for ever, and to be also produced and shewed forth in any court of record as often as they shall be thereunto lawfully required ; and also there shall be delivered true and perfect copies of this Act, and of the same book into the re spective courts at Westminster, and into the tower of Lon don, to be kept and preserved for ever among the records of the said courts, and the records of the tower, to be also pro duced and shewed forth in any court as need shall require; which said books, so to be exemplified under the great seal of England, shall be examined by such persons as the king's majesty shall appoint under the great seal of England for that purpose, and shall be compared with the original book hereunto annexed, and shall have power to correct and amend in writing any error committed by the printer in the printing of the same book, or of anything therein contained, and shall certify in vrriting, under their hands and seals, or the hands and seals of any three of them, at the end of the same book, that they have examined and compared the same book, and find it to be a true and. perfect copy, which said books, and every one of them, so exemplified under the great seal of England, as aforesaid, shall be deemed, taken, adjudged, and expounded to be good and available in the law to all intents and pur* poses whatsoever, and shall be accounted as good records as this book itself hereunto annexed ; any law or custom to the contrary in any wise notwithstanding, XXIX, Prorided also, that this Act, or anything therein contained, shall not be prejudicial or hurtful unto the king's professor of the law within the University of Oxford, for or concerning the prebend of Shipton, within the cathedral church of Sarum, united and annexed unto the place of the same king's professor for the time being by the late king James of blessed memory. 1663.] Ad of Uniformity. 403 XXX. Prorided always, that whereas the Six-and-Thirtieth Article of the Nine-and-Thirty Articles, agreed upon by the archbishops and bishops of both prorinees, and the whole clergy in the convocation holden at London, in the year of our Lord, one thousand five hundred and sixty-two, for the avoiding of diversities of opinions, and for establishing of con sent touching true religion, is in these words following, riz. : "That the book of consecration of archbishops and bishops, and ordaining of priests and deacons, lately set forth in the time of king Edward VI, and confirmed at the same time by authority of parliament, doth contain all things necessary to such consecration and ordaining. Neither hath it anything that of itself is superstitious and ungodly : and therefore whosoever are consecrated or ordered according to the rites of that book, since the second year of the afore named king Edward, unto this time or hereafter shaU be con secrated or ordered according to the same rites. We decree ail such to be rightly, orderly, and lawfuUy consecrated and ordered." XXXI. It be enacted, and be it therefore enacted by the authority aforesaid, that all subscriptions hereafter to be had or made unto the said Articles, by any deacon, priest, or ecclesiastical person, or other person whatsoever, who by this Act, or any other law now in force, is required to subscribe unto the said Articles, shaU be construed and taken to extend and shaU be applied (for and touching the said Six-and- Thirtieth Article) unto the book containing the form and manner of making, ordaining, and consecrating of bishops, priests, and deacons in this Act mentioned, in such sort and manner as the same did heretofore extend unto the book set forth in the time of king Edward VI, mentioned in the said Six-and-Thirtieth Article, anything in the said Article, or in any statute, act, or canon heretofore had or made to the con trary thereof in any wise notwithstanding. XXXII, Prorided also, that " The Book of Common Prayer, and Administration of the Sacraments, and other Rites and Ceremonies of the Church of England, together with the form D D 2 401 Efforts of Presbyterian Ministers [1662. and Manner of Ordaining and Consecrating of Bishops, Priests, and Deacons " heretofore in use, an d respectively estabUshed by Act of Parliament, in, the first and eighth years of queen EUzabeth shaU be stiU used and observed in the church of England untU the feast of St. Bartholomew, which shaU be in the year of our Lord God, bue thbusand six hundred sixty and twb. XXV, Efforts of Presbyterian Ministers to have the King's Decla ration of October, 1660, enacted. — ReUquise Baxterianse, by Sylvester, and Calamy's Continuation, &c,, London, 1727, vol, i. All this while [i.e. from the close of the Savoy Conference, to the passing of the Act of Uniformity] Mr, Calamy and some other ministers had been endeavouring with those that they had interest in, and to try if the parliament would pass the King's Declaration into a law ; and sometimes they had some hope from the Lord ChanceUor and others : but when it came to the trial, their hopes all failed them ; and the con formity imposed was made ten times more burdensome than it ever was before. For besides that the Convocation had made the Common Prayer book more grievous than before, the parliament made a new Act of Uniformity, with a new form of subscription, and a new declaration to be made against the obligation of the Covenant ; of which more anon. So that the King's Declaration did not only die before it came to execution, and all hopes, and treaties, and petitions were not only disappointed, but a weight more grievous than a thousand ceremonies was added to the old conformity, with a grievous penalty. By this means there was a great unanimity in the ministers, 1663.] to have the Declaration of 1660 enacted. 405 and the greater number were cast out. And as far as I could perceive, it was by some designed that it might be so. Many a time did we beseech them that they would have so much regard to the souls of men, and to t£e honour of England, and of the protestant reUgion, as that without any necessity at aU, they would not impose feared perjury upon them, nor that which conscience, and common esteem, and popish adversaries would all caU perjury; that papists might not have this to cast in our teeth, and call the protestants a per jured people, nor England or Scotland perjured lands. Oft have we proved to them that their cause and interest required no such thing. But aU was but casting oU upon the flames, and forcing us to think of that monster of Milan, that made his enemy renounce God to save his life, before he stabbed him, that he might murder soul and body at a stroke. It seemed to be accounted the one thing necessary, which no reason must be heard against, that the Presbyterians must be forced to do that which they accounted public perjury, or to he cast ont of trust and office, in church and commonwealth. And by this means a far greater number were laid by, than otherwise would have been ; and the few that yielded to con formity they thought would be despicable and contemptible as long as they lived. A noble revenge, and worthy of the actors. — [Reliquise Baxterianse, p. 387.] ********* When I was absent (resolving to meddle in such businesses there no more) Mr, Calamy and the other ministers of Lbu- don, who had acquaintance at the court, were put in hope that the king would grant that by way of Indulgence, which was before denied them; and that, before the Act was past, it might be provided that the king should have power to dispense with such as deserved weU of him in ^his restora tion, or whom he pleased. But that was frustrate, ^ And ' "If I should at length recite the story of this business, and what " peremptory promises they had, and how all was turned to their rebuke and "scorn, it would more increase the reader's astonishment." — Reliquise Baxterianse, p. 429, 406 Efforts of Presbyterian Ministers. [1663 after that, they were told that that the king had power him self to dispense in such cases, as he did with the Dutch and French churches. And some kind of Petition (I have not a copy of it) they drew up to offer the king. But when they had done it, they were so far from procuring their desires, that there fled abroad grievous threatenings against them, that they should incur a praemunire for such a bold attempt : when they were drawn to it at first, they did it with much hesitancy (through former experience) and they worded it so cautiously, that it extended not to the papists. Some of the Independents presumed to say, that the reason why all our addresses for liberty had not succeeded was because we did not extend it to the papists ; and that, for their parts, they saw no reason why the papists should not have liberty of worship as well as others ; and that it was better for them to have it, than for all us to go without it. But the Presbyterians still answered to that motion, that the king might himself do what he pleased : and if his wisdom thought meet to give liberty to the papists, let the papists petition for it, as they did for theirs. But if it be expected by any that it shall be forced upon them, to become petitioners for liberty for popery, they should never do it, whatever be the issue. Nor shall it be said to be their work. [Reliquise Baxterianse, pp. 429—30. '********* [Mr. Calamy] advising with his great friends at court, a petition was drawn up to his majesty, and signed by a good number of the ministers in and about the city, who were affected with that Act [of Uniformity.] It was in the words following: — To the King's Most ExceUent Majesty. The humble Petition of several Ministers in your City of London. May it please your most Excellent Majesty. "Upon former experience of your majesty's tenderness and indulgence to your obedient and loyal subjects, in which number we can with all clearness reckon ourselves, we, some 1661,] to have the Declaration of 1660 enacted. 407 of the ministers within your City of London, who are likely by the late Act of Uniformity to be cast out of all public service in the ministry, because we cannot in conscience conform to all things required in the said Act, have taken the boldness humbly to cast ourselves and concernments at your majesty's feet, desiring that of your princely wisdom and compassion, you would take some effectual course whereby we may be continued in the exercise of our ministry, to teach your people obedience to God and your majesty. And we doubt not but, by our dutiful and peaceable carriage therein, we shaU render ourselves not altogether unworthy of so great a favour." This petition was presented to his majesty August 27th, three days after the Act took place, by Mr. Calamy, Dr. Manton, Dr. Bates, and others; and Mr. Calamy made a speech on the occasion, intimating that those of his persua sion were ready to enter the list with any, for their fidelity to his majesty, and did Uttle expect to be dealt with as they had been, and they were now come to his majesty's feet, as the last application they should make, &c. His majesty promised he would consider of their business. And the vety next day the matter was fully debated in councU, his majesty himself being present, who was pleased to declare that he intended an Indulgence, if it were at all The great friends of the silenced ministers, who had encouraged their hopes by a variety of specious promises, were allowed upon this occasion freely to suggest their reasons against putting the Act in execution; and they argued very strenuously. But Dr. Sheldon, Bishop of Lon don, in a warm speech declared that it was now too late to think of suspending that law : for that he had already, in obedience to it, ejected such of his clergy as would not com ply with it on the Sunday before; and should they now be restored, after they were thus exasperated, he must expect to feel the effects of their resentment, and should never be able to maintain his episcopal authority among such a clergy, who 408 Proceedings in Parliament [1661. would nbt faU tb insult him as their enemy, being coun tenanced by the court. Nor could the resolutions of the councU-board justify his contempt of a law which had passed with such an unanimous cbnsent, and upon such mature deliberation of both houses. Should the sacred authority of this law be now suspended, it would render the legislature ridiculous and contemptible. And if the impor tunity of such disaffected people were a sufficient reason to humour them, neither the Church nor State would ever be free from distractions and convulsions. And upon the whole it was carried that no Indulgence at aU should be granted. — [Calamy's Continuation, &c., vbl. i, pp. 9—11. XXVI. Extracts from Journals of Parliament relating to the passing of the Ad of Uniformity. — Journals of the House of Lords, vol. xi; Journals of the Hbuse of Commons, vol, viii. Martis, 35° Junii, [1661], 13° Car, II, [Journ, H, C, vUi, 379 6— 380 a.] Ordered — That a cbmmittee be appbinted to view the several laws for confirming the liturgy of the Church of England; and to make search, whether the original book of the liturgy, annexed to the Act passed in the fifth and sixth years of the reign of King Edward the Sixth, be yet extant ; and to bring in a compendious bill to supply any defect in the former laws; and to provide for an effectual conformity to the liturgy of the church, for the time to come, 1661.] on the Act of Uniformity. 409 And a committee was accordingly appointed, of all the members of this house that are of the long robe ; and the preparing the bUl was especially recommended to the care of Mr, Serjeant KeeUng, Sabbati, 39° Junii, [1661], 13° Car, Regis, [Journ, H, C, vUi, 285 b.] A BiU for the Uniformity of Public Prayers, and Adminis tration of Sacraments, was this day read the first time. Ordered — That the same be read again, the second time, on Wednesday next, the first public bill, Mercurii, 3° Julu, [1661], 13° Car, Regis, Journ, H, C, vui, 388 6— 389 a, Resolved — That the BUl for Uniformity of PubUc Prayers, and Administration of Sacraments, together with the printed Book of Common Prayer, now brought in, intituled, "The Book of Common Prayer, and Administration of the Sacra ments, and other Rites and Ceremonies of the Church of England," annexed thereunto, be committed to Sir Tho, Fanshaw, Mr, Fane, Mr, Solicitor, Mr. Ashburnham, Mr. CHfford, Sfr Rich. Ford, Lord Bruce, Mr. ChurchiU, Doctor Birkenhead, Mr. Potter, Sir Solomon Swale, Serjeant Keeling, Mr. Gierke, Sir Cha, Herbert, Lord St, John, Mr, Lowther, Mr, Knight, Sir Justin Isham, Mr, Walderon, Mr, Jo, Newton, Sir ' PhU. Musgrave, Sir Tho, Fanshall, junior. Sir GUbert Gerrard, Sfr Jo, Talbot, Mr, Orme, Sir Tho, Littleton, Sir Courtney Poole, Sir Hen, North, Sir Edw, WaUpoole, Sir Bayne Throgmorton, Sir, Hen, Newton, Sir Geo, Reeves, Mr, Comptroller, Lord Le De Spencer, Mr, Geffety Palmer, Lord Ossery, Sir, Wm, Compton, Mr, Giles Strangwayes, Mr, Edward Seymor, Mr, Stanley, Sir, Tho, Strickland, Mr, Stricklany, Sir Tho, Ingram, Mr. Rigby, Sir Wm. Lewes, Doctor BirweU, Mr. Weld, Sir PhUl. Warwick, Sir Tho, Hebblethwaite, Sir Edm, Boyer, Mr, WaUer, Mr, Bishop, Mr, Glascock, Mr, Vice-chamber- 410 Proceedings in Parliament [1663. lain. Sir Edw. Seamour, Sir Ben, Ayloffe, Sir Jo, Strangwayes, Mr, Taylor, Mr. Thompson, Baron of Kinderton, Sir Tho. Leigh, Sir Tho. Lee, Mr. Spencer, Mr. Lovelace, Sir Tho. Smith, Sir John Shaw, Sir Rob, BoUe, Sir Antho, Irby, Sir Allen Apsley, Mr, Crouch, Mr, Lewis Palmer, Sir Robert Howard, Mr, Coventry, Mr, Milward, Mr. Kent, Sir Tho. Peyton, Sir Chichester Wray, Sir Edward Walgrave, Sir Hugh Windham, Sir Edm, Peirce, Mr, Aldworth, Lord Buekhurst, Sir Edw. Smith, Mr. Manwaring, Sir Wm. Hay- ward, Mr. Bennet, Mr. Secretary Morice, Mr, Ashburnham, Sir Allen Brodrick, Sir Jo. Goodrick, Sir Geo. Sands, Colonel Kyrkby, Lord Rich. Butler, Sir Wm, Hickman, Sir Fran, Clerke, Mr. Coriton, Mr. Wm. Coventrey, Mr, Plead- well, Mr. Thomas, Sir Edm. Pooley, Sir Hump. Bennet, Sir Tho. Stukley, Colonel Windham, Mr. Swinfen, Mr. Phillips, Sir Roger Bradshaw, Mr. Hender Roberts, Mr. Chetwind, Mr. Tanner, Mr. Montague, Mr. Stewart, Mr, Shaw, Sir Lane. Lake, Serjeant Charleton, Colonel Legg, Mr. Goodrick, Sir John HoUand, Mr. Puckering, Sir Hen. Williams, Mr. Vaughan, Sir Nich. Crisp, Colonel FretchviU, Mr. Morton, Sir Tho. Coventrey, Mr. Clerke, Mr. Andrews, Mr. Wren, Mr. Wm. Sandys, Mr. Sandys, Sir Hen. North, Sir Jo. Harrison, Mr. Tho. Jones, Sir Ben. Ayloff, Sir Cha. Har- bord, Mr. Harbert, Mr. Cooke, Mr. Yorke, Sir Jo. Nicholas, Lord Cornbury, Sir Jos. Craddock, Mr. Lau. Hyde, Mr. Whorwood, Colonel Shakerley, Sir Wm. Gawdy, Sir PhUlip Howard, Mr. Font, Lord Richardson, Mr. Robinson, Sir Hen. Wroth, Sir Rich. Oatley, Mr. Nicholas, Mr. Trelawney, Mr. Bulteele, Sir Geo, Reeve, Sir Rich, Breham, Mr, PhiUips, Mr. PhUlips, Mr. Whittaker, Lord Cavendish, Sir Adrian Scrope, Mr, Dolman, Mr, Attorney of the Duchy, Mr. Taylor, Mr, MaUet, Sir Clem, Throgmorton, Sir Robert Atkins; and they are to meet this afternoon, at four of the clock, in the Star-Chamber, And if the original Book of Common Prayer cannot be found, then to report the said printed book, and their opinion touching the same ; and to send for persons, papers, and records. ]66].] on the Act of Uniformity. 41 1 Veneris, 5° Julii, [1661], 13° Car, Regis, [Journ, H. C, vui, 391 b.} Resolved — That . , , . aU the members of this House who are of both robes, be added to the said committee, [to whom the BUl for Uniformity of Public Prayer and Adminis tration of Sacraments, is committed,] Lunse, 8° Julii, [1661], 13° Car, Regis, [Journ, H. C, vui, 394 6-395 6.] Mr. Pryn haring made report from the committee, to whom it was referred to see which of the bUls depending in the House, and which were committed to committees, were of most necessity to be proceeded in before the ad journment — ********* A BiU for Uniformity to Common Prayer and Admistra- tion of the Sacraments. ********* Sir Edmund Peirce reports, from the committee to whom the BUl for Uniformity of Public Prayers and Administration of Sacraments, was committed, several amendments, and an addition and proviso, to be added to the said bill, which he read, with the coherence, in his place, and delivered in at the clerk's table, with the bUl ; which said amendments were twice read. Resolved — That this House doth agree to the said amendments and addition. And, upon reading of the said proviso, the same was ordered to be amended at the clerk's table; and, being so amended, was afterwards twice read. Resolved — That this House doth agree to the said proriso ; and that the same be made part of the bill, Resolved-^That the said bill, with the said amendments, addition, and proriso, added thereunto, be ingrossed, ********* Ordered — That the annexing the Book of Common Prayer 413 Proceedings in Parliament [1661 — 2. to the BUl for Uniformity, and the obliterating the two prayers inserted before the reading psalms, be taken into consideration to-morrow morning. Martis, 9° Julii, [1661], 13° Car. Regis. [Journ, H, C, viii, 296 a.] A Bill for the Uniformity of Public Prayers and Adminis tration of Sacraments, being ingrossed, was this day read the third time. And a Book of Common Prayer, intituled, "The Book of Common Prayer, and Administration of the Sacra ments; and other rites and ceremonies of the Church of England," which was imprinted at London in the year 1604, was, at the clerk's table, annexed to the said hUl, part of the two prayers, inserted therein before the read ing psalms being first taken out, and the other part thereof obliterated. And a proriso, tendered to be added to the said bUl, being twice read, was upon the question, laid aside. Resolved — That the said biU, with the said Book of Com mon Prayer so annexed, do pass. Resolved — That the title of the said bill shall be. An Act for the Uniformity of Public Prayers, and Administration of Sacraments, Die Mercurii, 10° die Julii, [1661], 13 Car, II, [Journ, H, L,, xi, 305 a,] A message was brought from the House of Commons, by Sir Thomas Fanshaw and others ; who brought up an act, passed their house, intituled. An Act for the Uniformity of Public Prayers, and Administration of Sacraments; wherein they desire their lordships' concurrence. Die Martis, 14° die Januarii, [1661—2], 13 Car, II, [Jburn. H, L., xi, 3646.] Hodie 1" vice leda est billa. An Act for the Uniformity of PubUc Prayers, and Administration of Sacraments, l66i-2.] on the Ad of Uniformity. 413 Die Veneris, 17° die Januarii, [1661—2], 13 Car. ll, [Journ. H, L,, xi, 366 a-6.] Hodie 2" vice leda est Billa, An Act for the Uniformity of Public Prayers, and Administration of Sacraments. Ordered — That the cbnsideratibu of this BiU is committed to these Lords following : L. Privy Seal, Dux Albemarle, L, Chamberlain, Comes Derby, Comes Dorsett, Comes Bridgwater, Comes North'ton, Comes BoUing- brooke. Comes Portland, Comes Anglesey, Comes CarlUe, Archbp, Eborac, Bp, Lbndon, Bp, Durham, Bp, Sarum, Bp, Worcester, Bp, Lincoln, Bp. Exbu, Bp, Nbrwich, Ds, Berkeley Berk, Ds, Windsbr. Ds, Pagett, Ds, Hunsdbn, Ds, Hbward Charlt, Ds, Craven. Ds. Mohun. Ds. Byron. Ds. Lucas, Ds. Lexingtbn. Ds. Delamer. Ds. Tbwnsend, Ds, Crewe, de de Their brdships, br any five to meet on Thursday next, [inthe afternoon], in the Prince's lodgings, at three of the clock, Martis, 28° Januarii, [1661—2], 13° Car, 11, [Journ, H. C, vui, 353 6,] Ordered— That a message be sent to the Lbrds tb desire them tb give dispatch to the Bill of Uniformity; and that Lord Falkland is to carty up this message to the Lords. Die Martis, 38° die Januarii, [1661—3], 13° Car. II, [Jburn. H. L., xi, 373 6.] A message was brought from the House of Commons, by the Lord Viscount Falkland and others : 414 Proceedings in Parliament [1661-3, To put their Lordships in mind of Two BiUs brought from the House of Commons ; one, concerning Uniformity of Worship ; the other, concerning Ministers ; wherein they desire their Lordships would please to give what convenient expedition may be. Die Joris, 13o die FebruarU, [1661—2], 14° Car, II, [Journ. H, L,, xi, 383 0-6.] The Earl of Dorsett reported, "That the Committee for the BiU for Uniformity of Worship have met oftentimes, and expected a book of Uniformity to be brought in ; but, that not being done, their Lordships have made no progress therein ; therefore the Committee desires to know the plea sure of the house, whether they shaU proceed upon the Book brought from the House of Commons, or stay untU the other Book be brought in." Upon this, the Bishop of London signified to the House, " That the Book wiU very shortly be brought in." Die Joris, 20° die FebruarU, [1661—2], 14° Car. II, [Journ. H. L., xi, 390 a.] Ordered — That the Committee for the BUl for Uniformity [be] put off untU Tuesday next, in the afternoon. Die Martis, 25° die FebruarU, [1661—2], 14° Car, II, [Journ, H, L,, xi, 392 6—393 a.\ The Lord Chancellor acquainted the House, " That he was commanded by the King to deUver a message unto their Lordships," Which his Lordship read, as foUoweth ; videlicet, "Charles R, " His majesty haring, according to his Declaration of the 35th of October, 1660, granted his commission under the great seal, to several bishops and other divines, to reriew the Book of Common Prayer, and to prepare such alterations and additions as they thought fit to offer : afterwards the convoca- 1661-3,] on the Act of Uniformity, 415 tions of the clergy of both the provinces of Canterbury and York were by his majesty called and assembled, and are now sitting. And his Majesty hath been pleased to authorize and require the presidents of the said convocations, and other the bishops and clergy of the same, to review the said Book of Common Prayer, and the book of the form and manner of making and consecrating of bishops, priests, and deacons; and that, after mature consideration, they should make such additions or alterations in the said books respectively as to them should seem meet and convenient ; and should exhibit and present the same to his majesty in writing, for his majesty's further consideration, aUowance, or confirmation. Since which time, upon full and mature deliberation, they the said presidents, bishops, and clergy of both provinces, have accordingly reriewed the said books, and have made, exhibited, and presented to his majesty in writing, some alterations, which they think fit to be inserted in the same, and some additional prayers to the said Book of Common Prayer, to be used upon proper and emergent occasions. "All which his majesty having didy considered, doth, with the adrice of his councU, fully approve and allow the same ; and doth recommend it to the House of Peers, that the said Books of Common Prayer, and of the form of ordination and consecration of bishops, priests, and deacons, with those alterations and additions, be the book which, in and by the intended Act of Uniformity, shaU be appointed to be used, by all that officiate in all cathedral and coUegiate churches and chapels, and in all chapels of colleges and haUs in both the universities, and the colleges of Eton and Winchester, and in aU parish churches and chapels within the kingdom of England, Dominion of Wales, and town of Berwick-upon- Tweed, and by aU that make or consecrate bishops, priests, or deacons, in any of the said places, under such sanctions and penalties as the parliament shaU think fit. "Given at our court, at Whitehall, the 34th day of February, 1661"— 3. The book mentioned in his majesty's message was brought 416 Proceedings in Parliament [1661 — 2. into this House ; which is ordered to be referred to the com mittee for the Act of Uniformity. Die Joris, 27° die Februarii, [1661—2], 14o Car. II, [Journ, H, L,, xi, 396 a.] Ordered — That the Duke of Bucks and the Earl of Pem broke are added to the committee for Uniformity, Ordered — That Mr, Justice Hyde and Mr, Attorney General have notice to attend the committee for Uniformity this afternoon, Lunse, 3° die Martii, [1661—2], 14° Car, II, [Journ, H, C, riii, 377 6,] [The king having commanded the Cbmmbns tb attend him in the banqueting hbuse, WhitehaU, on Saturday, 1st March, they did so ; and the speaker read his majesty's speech to the house, on the foUowing Monday, In the course of it his majesty said :] " Gentlemen, I hear you are vety zealous for the church, and very solicitous, and even jealous, that there is not expe dition enough used in that affair, I thank you for it, since, I presume, it proceeds from a good root of piety and devotion: but I must tell you I have the worst luck in the world, if, after all the reproaches of being a papist, whUst I was abroad, I am suspected of being a presbyterian now I am come home, I know you will not take it unkindly, if I teU you, that I am as zealous for the church of England, as any of you can be ; and am enough acquainted with the enemies of it, on all sides ; that I am as much in love with the Book of Common Prayer, as you can wish, and have prejudice enough to those that do not love it ; who, I hope, in time wiU be better in formed, and change their minds : and you may be confident, I do as much desire to see a uniformity settled, as any amongst you : I pray, trust me, in that affair ; I promise you to hasten the despatch of it, with aU convenient speed; you may rely upon me in it. 1661-2.] on the Act of Uniformity. 417 " I have transmitted the Book of Common Prayer, with those alterations and additions which have been presented to me by the Convocation, to the House of Peers with my approbation, that the Act of Uniformity may relate to it : so that I presume it wUl be shortly dispatched there ; and when vre have done all we can, the well settling that affair will require great prudence and discretion, and the absence of all passion and precipitation." Die MercurU, 5° die Martii, [1661—3], 14° Car, II, [Journ, H, L., xi, 400 a,] Ordered — That the Lord Lovelace and the Lord Widdring- ton are added to the committee for Uniformity, Die Joris, 6° die Martii, [1661—3], 14° Car. II, [Journ, H, L,, xi, 4006.] Ordered — That the Lord Wharton is added to the com mittee for the BiU of Unifornuty, Die Veneris, 7° die Martii, [1661—3], 14° Car, II, [Journ, H, L,, xi, 402a,] Ordered — That the Lord Berkley, of Straton, is added to the committee for the BUl of Uniformity, Die Joris, 13° die Martii, [1661—3], 14° Car. II, [Journ. H, L,, xi, 406 6.] The Earl of Bridgwater reported, "That the committee have considered of the Bill concerning Uniformity of Wor ship; wherein the committee have made divers amendments and alterations, which are offered to the consideration of this House; and that the committee, in their amendments and alterations, have made the bUl relate to the book recom mended hy the king to this House, and not to the book brought with the biU from the House of Commons." Next, it was moved, "That the alterations and additions in 418 Proceedings in Parliament [1661-3. the Book of Common Prayer, as it came recommended from his majesty, might be read, before the alterations and amend ments in the bUl were read;" which was accordingly ordered, and read : but, having made little progress therein, and it being now late, and the business will require longer time, it is ordered, that this House will proceed in the reading the rest of the alterations and additions to-morrow morning at nine of the clock. Die Veneris, 14° die Martii, [1661—3], 14° Car. II, [Journ. H, L., xi, 407 a.] Then this House proceeded in the reading of the altera tions and additions in the Book of Common Prayers; and ordered, to proceed further in the reading of it to-morrow morning. Die Satumi, 15° die Martii, [1661—3], 14° Car. II, [Jom-n. H. L., xi, 408 b,] Next, the House proceeded in the further reading of the alterations and additions in the Book of Common Prayers ; which being ended, the Lord Chancellor, in the name, and by the directions of the House, gave the lords the bishops thanks, for their care in this business ; and desired their lordships to give the like thanks, from this House, to the other House of Convocation, for their pains herein. Ordered — That this House will take into consideration the alterations and amendments in the Bill concerning Unifor mity of PubUc Worship, as it was lately reported; and this to be on Monday morning next. Die Lunse, 17° die Martii, [1661— 3], 14° Car, II, [Journ. H, L., xi, 409 a-6.] Next, this House took into consideration the Bill concern ing Uniformity in Public Worship, formerly reported from the committee. And, upon the second reading of the altera tions and provisos, and considerations thereof, it is ordered. 1661-3.] on the Act of Uniformity. 419 that this House agrees to the preamble, as it is now brought in by the committee. And the question being put, " Whether this book that hath been transmitted to this House from the king shall be the book to which the Act of Uniformity shall relate?" It was resolved in the affirmative. Then the Lord Chancellor acquainted the House with a proriso recommended from the king, to be inserted in this Bin of Uniformity ; which his lordship read. And it was commanded that the same should be read ao'ain: and it is ordered, that the further debate of this business is deferred until to-morrow morning. Die Martis, 18° die Martii, [1661—3], 14° Car. II, [Journ. H. L., xi, 410 a.] Next, this House tbok into consideration the business of presenting the proviso yesterday from the king to this House; for debate whereof, the House was adjourned into a com mittee during pleasure. And the House being resumed : This question was put, " Whether a salvo shall be entered into the book, to save the privilege of this House, upon the occasion of this proviso from the king ?" And it was resolved in the negative. Ordered — That to-morrow morning the debate concerning the matter of this proviso shaU be resumed. Die Mercurii, 19° die Martii, [1661—2], 14° Car. IT, [Journ. H, L., xi, 411a.] Next, the House took into consideration the matter in the king's proriso to the BiU for Uniformity of Worship. And the proviso was read again and debated. And there being another proviso offered to the Hbuse, which was read. The question being put, " Whether this proriso shall be rejected ?" 420 Proceedings in Parliament [1662. It was resolved in the affirmative. Ordered — That the Bill for Uniformity is re-committed; also the proriso sent from the king is referred to the con sideration of the same committee, who are to meet to-morrow in the afternoon ; and the Duke of Richmond is added to the said committee. Die Jovis, 20° die MartU, [1661—2], 14° Car. II, [Journ. H. L., xi, 412 6.] Ordered — That the Earl of Bristol and the Lord Herbert of Cherbury are added to the committee for the BUl of Uni formity. Die Veneris, 31° die Martii, [1661-2], 14° Car. II, [Journ. H, L., xi, 413 6.] Ordered — That the Lord Newport is added to the com mittee for the BUl of Uniformity. Die Veneris, 4° die AprUis, [1662], 14° Car, II, [Journ, H, L,, xi, 431a.] Next, the Earl of Bridgwater reported from the committee, the alterations and provisos in the BUl concerning Uniformity of Worship. The said alterations and prorisos were read twice, and debated. The question being put, "Whether these words 'though indifferent in their own nature' shall stand in the proviso, as they are brought in by the committee ?" It was resolved in the affirmative. Ordered — That this House will resume the further debate of this business to-morrow morning. Die Satumi, 5° die Aprilis, [1663], 14° Car. II, [Joura. H. L., xi, 433 a.J Next, the House resumed the debate as was yesterday, Upon report of the Bill concerning Uniformity of Worship. 1663.] on the Act of Uniformity. 421 The point now in consideration was, the clause of ministers declaring against the covenant. And, after a long debate, the question was put, " WTiether this clause, videlicit, ' I do declare that I hold that there is no obUgation upon me, or any other person, from the oath commonly called The Solemn League and Covenant' shall stand in the bUl, as it is brought in by the committee?" It was resolved in the affirmative. Ordered — That this bill shall be taken into further debate on Monday morning next. Die Lunse, 7° die AprUis, [1662], 14° Car, II, [Journ, H. L., xi, 433 a,] This day being appointed to consider further of the Act bf Uniformity; the Lord Bishop of Worcester offered to the consideration of this House an explanation, in a paper, of the vote of this House on Saturday last, concerning the words in the Act of Uniformity, which declared against the solemn league and covenant ; which he first opened, and afterwards, by permission of the House read the same : which afterwards the House commanded to be read by the clerk. And, after debate thereof, the question being put, "Whether that the proceeding of the debate of this paper, thus brought in, be against the orders of this House ?" It was resolved in the negative. Ordered — That this House will take into debate this paper to-morrow morning. Memorandum — That, before the putting of the aforesaid question, these Lords whose names are subscribed, desired leave to enter their dissents, if the question was carried in the negative, [No names given.] Die Martis, 8° die ApriUs, [1663], 14° Car II, [Journ. H. L., xi, 434 a-6,] Next, the House took into consideration the paper brought in yesterday, for an explanation of the clause in the Act of 433 Proceedings in Parliament [1663, Uniformity concerning the declaring against the covenant; and, after a long debate, it is ordered, that this paper be laid aside. Ordered — That these Lords following are appointed to con sider and draw up a clause, or proviso, whereby it may be left to the king to make such provision for those of the clergy as his majesty shall think fit, who shall be deprived of their livings by the Act of Uniformity ; and afterwards to make report thereof to this House : Dux Bucks. Bp. Worcester. Ds. Wharton. Comes Bristol. Bp. Exon. Ds. Mohun Comes Anglesey. Bp. Hereford. Ds. Lucas. Ds. Holies. Their Lordships, or any two, to meet in the Prince's Lodg ings, to-morrow morning, at eight of the clock. Die Mercurii, 9° die AprUis, [1663], 14° Car, II, [Journ. H, L., xi, 435 a.] The Earl of Anglesey reported, " That the committee have considered of a proviso, that such persons as are put out of their livings by virtue of the Act of Uniformity, may have such allowances out of their livings, for their subsistence, as his majesty shall think fit." The said proviso was read ; and, after some debate, a few alterations made therein. And the question being put, " Whether this proviso, with the alterations, shall stand in the bill ?" It was resolved in the affirmative. Hodie 3" vice leda est Billa, An Act for the Uniformity of Public Prayers, and Administration of Sacraments, and other Rites and Ceremonies, and for establishing the Form of making, ordaining, and consecrating Bishops, Priests, and Deacons, in the church of England. Ths question being put, " Whether this bUl, with the alterations and amendments, shall pass?" It was resolved in the affirmative. 2663.] on the Ad of Uniformity. 433 Ordered — To send for a conference with the House of Commons to-morrow morning, and communicate this bill with the alterations and amendments to them. Die Joris, 10° die Aprilis, [1662], 14° Car. II, [Journ. H. L., xi, 436a-6.J A message was sent to the House of Commons, by Sir Moundeford Brampston and Sir Nathimiell Hobart : To desire a present conference, in the painted chamber, concerning the Act of Uniformity. The Lord Chancellor, the Earl of Bridgwater, and the Bishop of London, were appointed to manage this conference- The House directed that the Book of Common Prayers, recommended from the king, shall be delivered to the House of Commons, as that being the Book to which the Act of Uniformity is to relate ; and also to deliver the book wherein the alterations are made, out of which the other book was fairly written; and likewise to communicate to them the king's message, recommending the said book; and lastly, to let the Commons know, " That the Lords, upon consideration had of the Act of Uniformity, have thought fit to make some alterations, and add certain provisos, to which the concur rence of the House of Commons is desired." ****** The messengers sent to the House of Commons return with this answer : That they wUl give a conference, as is desired. ****** The House was adjourned during pleasure, and the Lords went to the free conference ; which being ended, the House was resumed. Joris, 10° AprUis, [1663], 14° Car, II, [Journ, H, C, viii, 403 a-6.] A message from the Lords, by Sir Moundeford Brampston and Sir Nathaniell Hobart : 434 Proceedings in Parliament [1663, Mr, Speaker — "The Lords desire a present conference with this House upon the BiU for Uniformity, in the painted chamber," The messengers being withdrawn — Resolved — That this House doth agree to a present con ference; and that Serjeant Keeling, Serjeant Charlton, Sir Robert Howard, Sir Robert Atkins, Sir Tho. Meres, and Dr. Birkinhead, do make report from the Conference, The messengers being called in, Mr. Speaker does acquaint them, that the House had agreed to a present conference, ****** Serjeant Keeling reports, from the Conference had with the Lords, upon the Bill for Uniformity, that the reason of the delay of the said bill was, that the Bobk of Com mon Prayer had, by reference from his majesty, been under the consideration of the Convocation, who had made some alterations and additions thereunto; and that the Lords had perused the same, as also the biU sent from this House; and had returned the same, together with the Book of Common Prayer, as the same is amended and, by them, agreed to, and some amendments and provisos to the biU ; to which they desired the concurrence of this House ; and delivered the same in at the clerk's table. Resolved, upon the question — That this House wUl enter upon the consideration and debate of this matter to-morrow morning. Veneris, 11° die ApriUs, [1663], 14° Car, II, [Journ, H. C, viii, 403 6.] Ordered — That the House do proceed upon the Bill for I^niformity to-morrow morning. Sabbati, 13° AprUis, [1663], 14° Car. II, [Journ, H, C, riU, 404 6.] Amendments and additions, sent from the Lords,' to the Bill of Uniformity, were this day read. 1663.] on the Act of Uniformity. 435 Resolved — That the amendments in the Book of Common Prayer, sent down from the Lords, be read on Monday next, Lun«, 14° Aprilis, [1663], 14° Car, II, [Journ, H, C, viii, 405 6.J The amendments in "The Book of Common Prayer, and Admmistration of the Sacraments and other Rites and Ceremonies of the Church of England," sent from the Lords; the transcript of which book, so amended, there with sent, they desire to be added to the Bill of Uniformity, instead of the book sent up therewith, was, in part, read. And then the House adjourned for two hours. Post Merid. The rest of the amendments in the said book were then read throughout. Resolved, upon the question — That the amendments to the said bUl, with the additions sent by the Lords, be read the second time, and proceeded in, to-morrow morning, at nine of the clock, Martis, 15° Aprilis, [1663], 14° Car, II, [Journ, H, C, viii, 406 a-6. The House then resumed the debate upon the amendments sent down from the Lords, to the Bill of Uniformity ; which were begun to be read the second time. Resolved, upon the question — That the first amendment, as to the title of the bUl, be postponed. The question being put, " To] agree with the Lords, as to the .amendment to the compiling of the Book of Common Prayer by the bishops, and the Act of primo EUz. fbr enjbin- ingit to be used" — It was resolved in the affirmative. > The rest of the amendments, unto the amendment in the twenty-fifth Une, were read the secbud time, and; upon the question, agreed to. 4'26 Proceedings in Parliament [1663. The question being put, "That the paragraph of the amendment, in relation to the recital of the progress of the proceedings, till that amendment which does concern the book, annexed to the bUl, be postponed " — The House was dirided. The yeas went out. Sir Robert Howard, f Tellers for the yeas, "1 „ . Mr. Hungerford, \ With the yeas, J Sir Tho, Gower, f TeUers for the noes, 1 , ,q Sir Robert Brooke L With the noes, J And so it passed in the negative. Resolved, upon the question— That Mr. Vaughan, Mr. Knight, Mr. Crouch, Dr. Birkinhead, Lord Fanshaw, Sir Edm. Peirce, Dr, Burwell, Sir Tho. Gower, and Mr. Waller, or any six of them, be appointed a committee, to compare the Books of Common Prayer, sent down from the Lords, with the book sent up, from this House; and to see whether they differ in anything besides the amendments, sent from the Lords, and already read in this House and wherein; and to make their report therein, with all the speed they can. And, for that puipose, they are to meet this afternoon, at two of the clock, in the Speaker's chamber.Mercurii, 16° ApriUs, [1662], 14° Car. II, [Journ. H. C, viii, 407 6— 408 a.] Mr, Vaughan reports, from the committee appointed to compare the Books of Common Prayer, sent down from the Lords, with the book sent up from this house; and to see whether they differ in anything besides the amendments sent from the Lords, and already read in this House, and wherein : that the said committee had met yesterday, and sat till eight at night, and had met early this morning, and taken great care and pains in comparing and examining the said books * * * * Resolved — That the thanks of this House be returned to the said committee, for their great care and pains in compar- 1663.] on the Ad of Uniformity. 437 ing and examining the Book of Common Prayer, according to the order and direction of this House, And Mr. Speaker did return them the thanks of the House accordingly. The House then resumed the debate upon the amendments, sent down from the Lords, to the Bill of Uniformity, And the seventh amendment, at ttie twenty-fourth line of the bill, being again read — Resolved, upon the question — That this House doth dis agree to these words, in the twenty-fifth line of the said amendment, "and tenderness of some men's consciences;" and doth think fit, that the word "have," be made "hath." The question being propounded, " Whether debate shall be admitted to the amendments made by the Convocation in the Book of Common Prayer, and sent down by the Lords to this House : " And the question being put, " Whether that question shall be now put?" It was resolved in the affirmative. And the main question being put, " Whether debate shall he admitted to the amendments made by the Convocation in the Book of Common Prayer, and sent down by the Lords to this House?" The House was divided. The Noes went out. Mr. WUUams, f Tellers for the yeas, ~\ g^ Mr. Boscowen, L With the yeas, J Sir Edm. Peirce, f Tellers for the noes, \ q^ Mr. Spencer, \ With the noes, J And so it passed in the negative. The question being put, "That the amendments made by the Convocation, and sent down by the Lords to this House, might, by the order of this House, have been debated"— It was resolved in the affirmative. The question being put, "To agree to the said seventh 438 Proceedings in Parliament [1663. amendment, sent down from the Lords, at the twenty-fourth line in the BUl of Uniformity, with the alteration made by this House, and before expressed " — It was resolved in the afiSrmative, Ordered — That this House do proceed, to-morrow morn ing, to the further consideration of the residue of the amendments, sent down from the Lords, to the BUl of Uniformity, Jovis, 17° ApriUs, [1663], 14° Car, II, [Journ. H, C, viU, 408 6— 409 a, The House then resumed the consideration of the residue of the amendments, sent from the Lords, to the BUl of Uniformity, And the several amendments, from the thirtieth line in the first skin, to the fortieth line, being read the second time, were, upon the question, severaUy agreed to. The question being put, "To agree to that part of the amendment, to the fortieth line of the bill, to put in the words 'the said,' instead of ' a'" — It was resolved in the affirmative. The question being put, "To adhere to these words, 'annexed and joined to this present Act, and;' which the Lords, in the same amendment, would have omitted " — It was resolved in the affirmative. The amendment to the forty-second line in the bill was read the second time ; and, upon the question, agreed to. The amendment to the forty-third line was read the second time, and, in part, agreed to, tUl these words, " appointed to be annexed to this present Act." The question being put, " To agree to that part of the amendment for inserting the said words, 'appointed to be annexed to this present Act'" — It passed in the negative. The amendment to the eighth line of the second skin, being read the second time ; and the same being, instead of " Michael, the archangel," to read " Bartholomew " — 1663.] on the Act of Uniformity. 439 The Question being put, " To adhere to the biU as to the words, 'Michael the archangel '" — The House was divided. - The noes went out. Sir Tho. Gower, / Tellers for the yeas, \ „_, Mr. Boscowen, 1. With tbe yeas, J Sir Robert Holt, f TeUers for the noes, \ _„ Mr. PhiUips, L With the noes, J And so it passed in the negative. And the amendment of the Lords, as to that point, was agreed to. The question being put, " To agree to the amendment to the ninth Une of the second skin, to read, ' two,' instead of 'one'"— It was resolved in the affirmative. The question being put, " To agree tb the amendment to the fifteenth line of the second skin, to read, ' in the said book,' instead of 'therein'" — It was resolved in the affirmative. The next paragraph of the said amendment, for the ministers' subscription of their consent, being read the second time — Resolved, upon the question — ^That this House doth agree to that paragraph of the said amendment. Resolved — That this House wUl proceed upon the rest of the amendments to the BiU of Uniformity to-morrow morning. Veneris, 18° ApriUs, [1663], 14° Car, II, [Journ, H, C, vui, 409 6— 410 a.] The Hbuse then proceeded to the reading of the re maining amendments, sent down from the Lords, to the Bill for Uniformity, from the place where they left yes- terday. The last paragraph of the amendment, in the twenty-fifth line of the second skin, being read the second time — iJeso&erf— That the said paragraph be postponed. 430 Proceedings in Parliament [1663. The three next amendments to the thirteenth, thirty-ninth, and forty-first lines of the second skin, were read the second time ; and, upon the question, agreed to. The amendment to the seventh line of the second sldn was read the second time : and the amendment being, that after the word " dead," to add the clauses contained in the parch ment marked with No. 1 — The said parchment was read the second time. The first paragraph in the said parchment was read the third time. Ordered — That Mr. Vaughan, Serjeant Seis, and Mr. Thurland, do peruse the statutes^ and bring in a proviso for translating the Book of Common Prayer into Welsh, if it may consist with the laws in force. Resolved, upon the question — That an amendment be made to the said paragraph, by reading " one month," instead of " three months." Resolved — That the said paragraph, with the amendment, be agreed to. ****** The House then proceeded to the reading of the second paragraph of the parchment marked No. 1. Ordered— Ta.at Mr. Crouch, Sir Tho. Meers, Serjeant Charlton, Dr. Birkinhead, Sir Edmund Peirce, Sir John Brampton, and Dr. Burwell, do withdraw, and pen a para graph upon the present debate. The next paragraph of the parchment, as to ordina tion, was read the second time; and, upon the question, agreed to. The next paragraph, as to the administration of the sacraments, was read the second time ; and, upon the question, agreed to. Sabbati, 19° Aprilis, [1663], 14° Car. II, [Journ. H. C, riii, 410 6— 411a.] The amendments to the addition in parchment, sent from the Lords, to the Act of Uniformity, No. 1, being brought 1662;] on the Ad of Uniformity. 431 in by the members of this House directed to prepare the same were this day read the first time. And the first amendment being, first skin, line twenty-two, after the word " aforesaid," leave out all the words, unto the word "subscribe," in the twenty-ninth line; and, instead thereof, insert these words following: "That every dean, canon, and prebendary, of every cathedral or collegiate church, and aU masters, and other heads, fellows, chaplains, and tutors, of or in any college, hall, house of learning, or hospital ; and every public professor and reader, in either of the universities, and in every college elsewhere; and every parson, vicar, curate, lecturer, and evety other person in holy orders ; and every schoolmaster, keeping any public or private school, and every person instructing or teaching any youth, in any house or private family, as a tutor or schoolmaster, who, upon the first day of May, which shall be in the year of our Lord God one thousand six hundred and sixty-two ; or, at any time thereafter, shaU be incumbent, or have possession of any deanery, canonry, prebend, mastership, headship, feUowship, professor's place, or reader's place, parsonage, vicarage, or any other ecclesiastical dignity or promotion ; or of any curate's place, lecture, or school ; or shall instruct or teach any youth, or tutor, or schoolmaster; shall, before the Feast Day of St. Bartholomew, which shall be in the year of our Lord one thousand six hundred and sixty-two, at or before his or their respective admission to be incumbent, or to have possession aforesaid " — The same was read the second time. And the question being put, " That the time for declaring against the Covenant be twenty years " — It was resolved in the affirmative. Resolved, upon the question — That this House doth agree to the said first amendment : and Ordered — That the persons formerly appointed to prepare the amendments upon the former debate, do now prepare and bring in a clause, by way of proviso, or otherwise, that none of the persons enjoined to make the declara- 433 Proceedings in Parliament [1662, tion and acknowledgment now under debate, be obliged to that part which concerns the covenant, after twenty years. And then were read the words in the said parchment, here after following, line twenty-nine, viz., " subscribe the declara tion and acknowledgment following; scilicet: '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 traitorous position of taking arms, by his authority, against his person, or against those who are commissioned by him ; and that I wUl conform to the liturgy of the church of England, as it is now by law established. And I do declare, that I do hold there lies no obligation upon me, or on any other person, from the oath commonly called The Solemn League and Covenant; and that the same was in itself an unlawful oath, and imposed upon the subjects of this realm against the known laws and liberties of this kingdom.'" Resolved — That after the word " covenant," and before the word " and," in the thirty-eighth line, these words be added, " to endeavour any change or alteration of government, either in Church or State." Resolved, upon the question — That this House doth agree to that part of the said additional amendment in parch ment, sent from the Lords, with the said addition last agreed unto. And the second amendment, being in the fortieth Une, after the word " kingdom," leave out aU the words to the first word in the forty-fifth line; and instead thereof, in sert the words, "particularly mentioned in the said amendment." The first paragraph thereof being in these words," which said declaration and acknowledgment shaU be subscribed by every of the said masters, and other heads, follows, chaplains, and tutors, of or in any college, hall, or house of learning, and evety public professor and reader in either of the univer sities, before the vice-chancellor of the respective universities for the time being, or his deputy. And the said declaration 1663.] "** ^^^ -^^^ "/ Uniformity. 433 or acknowledgment shall be subscribed before the respective bishop, or ordinary of the diocese, by every other person hereby enjoined to subscribe the same, upon pain that all and evety of the persons faUing in such subscription, shall lose and forfeit such respective deanery, canonry, prebend, mastership, headship, feUowship, professor's place, reader's place, parsonage, ricarage, ecclesiastical dignity or promotion, curate's place, lecture, and school; and shall be utterly disabled, and ipso facto be deprived of the same. And that every such respective deanery, canonry, prebend, mastership, headship, feUowship, professor's place, reader's place, parson age, ricarage, ecclesiastical dignity or promotion, curate's place, lecture, and school, shaU be void, as if such person, so failing, were naturaUy dead," The same was read the second time. Resolved, upon the question — That this House doth agree to the said paragraph. And then the House adjourned the further debate of the said amendment tiU Monday next, at ten of the clock, LunK, 31° ApriUs, [1663], 14° Car. II, [Journ, H. C, viii, 4116— 413 a,] The House did then proceed upon the rest of the amendments to the BUl of Uniformity, And, in the first place, on that part of the paragraph brought in by the committee, which concerns schoolmasters, appointed for that purpose. — Resolved, upon the question — That aU the wbrds after the word " aforesaid," in the seventeenth line of the third page of the said amendment, to the word " and," in the one-and- twentieth line of the same page, be left out : and that these words, "shall, fbr the first bffence, suffer three months' imprisonment, without bail or mainprize; and for every second offence, shall suffer three months' imprisonment, with out baU or mainprize ; and also forfeit to his majesty the sum of five pounds," be inserted in the said paragraph, instead of the said words to be omitted. 434 Proceedings in Parliament [1663. Resolved— That after the word " realm," in the fourteenth line of the said page, these words, " for which he shaU pay twelve pence only," be inserted. The question being put, " That the words ' for the fee of two shUlings and sixpence,' in the twenty-seventh line of the third page of the said amendment, brought in by the com mittee, be omitted ; and that the certificate for evety parson, vicar, curate, and lecturer, shall be without fee?" It was resolved in the affirmative. Resolved — That the said paragraph, so amended, be agreed to. The third amendment, brought in by the committee, being twice read, was, upon the question, agreed unto. The fourth amendment, by them brought in, being also twice read, was, upon the question, agreed unto. A proriso in relation to the Covenant for twenty years, this day brought in by the said committee, was twice read, and, upon the question, agreed to. Resolved — That these words, "now is incumbent, and in possession of any parsonage, ricarage, or benefice, and," be inserted after the word "parson who," in the fifty- third line of the first parchment addition, sent from the Lords. Resolved — That these words, "the said," be inserted, instead of the word " any," after the word " enjoy," in the fifty-seventh Une of the said first parchment addition, sent from the Lords. The question being put, "Whether the words 'ac cording to . the form of the church of England,' be inserted after the word 'ordination,' in the fifty-seventh line of said first addition in parchment, sent from the Lords?" It passed in the negative. Resolved — That these words, "thenceforth be capable to be admitted to any parsonage, ricarage, benefice, or any ecclesi astical promotion or dignity; nor shaU any person," be inserted after the word " shall," in the sixty-third Une of the 1663.] on the Ad of Uniformity. 435 said first addition in parchment, sent from the Lords : and that the words " or do " be omitted. Martis, 33° AprUis, [1663,] 14° Car. II. [Journ, H, C, riii, 413 6— 413 a.] The House then proceeded upon the amendments to the Bill of Uniformity. The paragraph in the parchment marked No. 1, as to the penalties not to extend to foreigners, or aliens of the foreign reformed churches, was read the second time, and agreed to. The rest of the paragraphs and provisos, to the end of the said parchment, were read the second time ; and, upbn the question, agreed to. The House then proceeded to the reading of the second sheet of the amendments, sent from the Lords, to the Bill of Uniformity. And the amendment to the eighth line of the third skin being twice read — Resolved — That these words, "Archbishop of the pro vince," be inserted in the said amendment, after the words "hy the," in the eighth line; and the word " archbishop," after the word " said," in the eleventh line. And the said amendment, with the additions aforesaid, was agreed to. The amendment to the ninth line was twice read ; and, npon the question, agreed to. The amendment to the thirteenth line of the third skin, was twice read ; and, upon the question, agreed to. The next amendment to the twenty-sixth line was twice read ; and, upon the question, agreed to. The amendment to the twenty-seventh line was twice read ; and, upon the question, agreed to. The amendment to the twenty-eighth line, and the proviso directed by way of amendment, marked No, 3, were twice read; and, upon the question, agreed to, F p 3 436 Proceedings in Parliament [1663. The amendment to the thirty-fifth and thirty-sixth lines was twice read ; and, upon the question, agreed to. The amendment to the thirty-seventh line being twice read; was, upon the question, agreed to. The amendment to the fortieth line was read. Ordered — That the word "are," be inserted betwixt the word "and," and the word "hereby," in that amend ment. Resolved — That the amendment, so altered, be agreed to. The next amendment, to the one-and-fortieth line, was read the second time ; and, upon the question, agreed to. The next amendment to the forty-second line was read the second time ; and the provisos, marked No. 3, directed, by way of amendment, to be inserted instead of the words " which are to be omitted," were read the second and third time ; and, upon the question, agreed to. The amendment to the twenty-seventh line of the fourth skin was read the second time ; and, on the question, agreed to. The amendment to the twenty-eighth line of the fourth skin was twice read ; and, upon the question, agreed to. The amendment to the twenty-ninth line of the fourth skin was read the second time; and, upon the question, agreed to. The amendment to the one-and-thirtieth line was twice read; and, upon the question, agreed to. The amendment to the thirty-seventh line being, after the word "authority," to leave out the rest of the bill; and add the prorisos beginning, " Provided also, and be it enacted," and marked No. 4. The rest of the biU, after the word " authority," being twice read — Resolved, upon the question — That the same be left out of the biU. The said provisos in the parchment No. 4 were read the second time. The first paragraph of the said provisos in parchment, 1662.] on the Act of Uniformity, 437 "for proriding the Book of Common Prayer in every parish," &c., being read the third time — Resolved, upon the question— That this House doth agree to the said paragraph. A proviso, by way of amendment, touching the prices to he set on the Book of Common Prayer, was read. ' Ordered — That liberty be given to bring in a proviso, such as shall be fit for setting the rates on the quires of the Book of Common Prayer in folio, to be used in churches and public places : and Mr. Pryn, Dr. Birkinhead, Sir Edmund Peirse, and Dr. BurweU, to bring it in. The next paragraph, touching the king's professor of the law in the university of Oxford, was read the third- time ; and, upon the question, agreed to. The fourth paragraph, touching the subscription to the Thirty-Sixth Article of the Thirty-Nine Articles, was read the third time ; and, upon the questibn, agreed to. The proriso, as to the dispensation with deprivation for not using the cross and surplice, was read the second and third time. The question being put, whether the question cbuceming amendments tb be made tb this proviso, should be now put : It passed in the negative. The main question being put, for agreeing with the Lords as to this proriso concerning the cross and surplice : It passed in the negative. Joris, 34 ApriUs, [1663], 14o Car. II, [Journ. H. C, viii, 4136.] The House then proceeded upon the remaining amendments to the Bill for Uniformity ; and that part of the paragraph concerning the allowance to such as are in livings, and wUl be outed by this Act. Ordered — That the debate be adjourned till Saturday. Sabbati, 36° ApriUs, [1663], 14° Car. II, [Jburn, H, C, viii, 414 a-6.] The Hbuse then resumed tbe debate upbn the amendment 438 Proceedings in Parliament [1663 to the BiU of Uniformity, as to the last paragraph of the parchment marked No. 4, touching an allowance of fifths to such as shall not conform, but lose their brings. The question being propounded, that amendments be made to the proviso, touching the allowance of fifths, to such as shall not conform ; The question being put, " Whether the question shall be now put ? " The House was divided. The Noes went forth, . Sfr Richard Temple, f TeUers for the yeas : "\ Sir John Talbot, \ With the yeas, J ^^• Sir Robert Holt, f TeUers for the noes : \ Mr. Puckering, \ With the noes. ] ^^^ And so it passed in the negative. The main queston being put, to agree to the amendment, sent from the Lords, as to that paragraph of the parchment touching aUowance of fifths to such as shaU not conform : It passed in the negative. The House then resumed the amendment, as to the title of the Bill, sent from the Lords ; which was, by order, post poned. And the same, being twice read, was, upon the question, agreed. The next amendment, beginning with the word "never theless," in the sixteenth amendment of the first paper, sent from the Lords, which was also postponed, was read the second time. The question being put, to agree to the said amendment : It passed Jn the negative. Lunse, 38° AprUis, [1663], 14° Car. II, [Journ. H. C, viii, 415a-6.] The House then resumed the matter upon the Bill of Uniformity. An amendment, to be added to the amendment sent from the Lords, for the preserving of the Book of Common Prayer, 1662.] on the Act of Uniformity. 439 by having it recorded, aud kept in cathedral churches, in the courts at Westminster, and in the tbwer, was twice read. Besolved — That those words, which concern the heads of colleges, be struck'out of the amendment. Besolved — That the amendment be agreed to : and that the same be added to the parchment amendment, sent from the Lords, No. 4, after the word " therein," in the fifteenth line of the said amendment. Another amendment, for translating the Bible into Welsh, was twice read; and some additions, upon the question, agreed to be made thereto : Which was done at the table. Resolved — That the said amendment be agreed to : and that the same be added to the parchment, sent from the Lords, marked No. 4, after the word "therein," in the fifteenth line of the parchment. A proriso, for being uncovered, and for using reverent gestures, at the time of divine serrice, was twice read. But the matter being held proper for the convocation ; Ordered — That such persons, as shall be employed to manage the conference with the Lords, do intimate the desire of this House, that it be recommended to the Convocation, to take order for reverent and uniform gestures and demeanors to be enjoined at the time of divine service and preaching. Ordered — That it be referred to Mr. Solicitor General, the Lord Fanshaw, Serjeant Charlton, Mr, Vaughan, Dr, Birkinhead, Mr, Knight, Sir Tho. Meres, Mr. Clifford, Sir Tho. Gower, Sir Edm. Peirse, Sir Tho. Littleton, Sir Francis Goodrick, Mr. Crouch, and Sir Rich. Temple, or any three of them, to see the amendments and^additions, to be made aud added to the amendments sent from the Lords to the Bill of Uniformity, so placed and ordered, that they may cohere; and to prepare and draw up instructions and reasons in writ ing; for the conference to be had with the Lords, upon the BiU of Uniformity, against to-morrow; and to report it to the House : and they are to meet in the speaker's chamber this afternoon, at two of the clock. 440 Proceedings in Parliament [1663, Martis, -39° ApriUs, [1662], 14° Car, II, [Journ, H, C, viii, 4166.] Ordered — That the report from the committee upon the BiU of Uniformity be heard to-morrow morning. Mercurii, 30° Aprilis, [1662], 140 Car, II, [Journ, H, C, viii, 41 7a, J Serjeant Charlton reports, from the committee which were appointed to peruse the amendments, made by this House to the amendments and provisos sent from the Lords, to the BUl of Uniformity, and to draw up instructions and reasons, to be insisted on at the conference to be had with the Lords upon the said amendments : the several reasons which were agreed by the committee to be insisted on, which were allowed by this House, Ordered — That Mr. Herbert do go up to the Lords, to desire a conference upon the amendments to the Bill for Uni formity. Die Mercurii,, 30° die ApriUs, [1663], 14° Car, II, [Journ, H,L.,xi, 4416— 443 a.J A message was brought from the House of Commons, by James Herbert, Esquire, and others : To desire a conference concerning the BUl for Uniformity. The answer returned was : That this House wiU give the House of Commons a present conference, in the painted chamber. ****** The Lord Chancellor, the Lord Treasurer, the Lord Privy Seal, the Earl of Bridgwater, and the Earl of Portiand, are appointed to report the matter of the next conference with the House of Commons, concerning the BiU fbr Uni formity, ****** Next, the House was adjourned during pleasure, and the Lords went to the conference with the House of Commons : which being ended, the House was resumed, 1663.] on the Act of Uniformity, 441 Ordered — That the report of this conference shall be made on Friday morning next. Die Martis, 6° die Mail, [1663], 14° Car. II, [Journ, H, L,, xi, 445 6,] A message was brought from the House of Commons, by Sir Thomas Meares and others : To put their Lordships in mind of giving dispatch to the BiU for Uniformity, as conceiring it to be of great conse- ijuence : and the rather, because they believe they shaU not sit long. Die Mercurii, 7° Mali, [1663], 14° Car. II, [Journ, H, C, viii, 433 6.] Ordered — That a message be sent to the Lords, by Colonel FretchvUe, to desire them to expedite the bill for restoring impropriations to the loyal party. Die MercurU, 7° die MaU, [1663], 14° Car. II, [Journ. H.L.,xi, 446 6— 450 a.J A message was brought from the House of Commons, by Mr. FretsweU and others : To put their Lordships in mind of a bill concerning the restoring of impropriations to his majesty's loyal subjects. Next, the Lord Privy Seal made a long report of the effect of the conference with the House of Commons : " That Mr. Seijeant Charlton managed the conference ; who, in the name of the House of Commons, acquainted their Lordships, that this conference was desired concerning the amendments to the BUl of Uniformity. " He said, they did agree in most of them with their Lord ships. And wherein they differ, will appear by what follows. "The first difference was in omitting these words, 'Ten derness of some men's conscience,' being in the fifth line of the seventh amendment, and instead thereof insert the word 'hath'; and then it runs thus, 'which the indisposition of 442 Proceedings in Parliament • [1662. the time hath contracted,' turning the word 'have' into 'hath.' He said these words might well be omitted, in respect there were causes enough besides mentioned ; and the phrase of 'tenderness of conscience' having been much abused, the Commons were loth to give so much countenance to an abused phrase as to insert it. " He proceeded to the eleventh amendment ; unto which he said, the House agreed in part ; as, instead of ' a,' to read the word ' said :' but disagreed in the other part thereof, that is, to leave out these words ' annexed and joined to this present Act, and,' adhering to the biU in that particular; and then it goeth thus, ' in such order and form as in the said book, entitled, the Book of Common Prayer, &c.,' and so put it in the present tense, upon which, he said, two or three more differences depend. "To the thirteenth amendment, they agreed in all except these words, ' which book is appointed to be annexed and joined to this present Act.' " The sixteenth amendment they agreed to, till it come to the word 'nevertheless' in the first line of the, fourth part of the paper amendment ; after which word, they disagree to all that follows in that amendment concerning the cross in baptism ; the reasons whereof he deferred till he came to the proviso. And this was all he offered to their Lordships' paper amendments; and so descended to those additions sent by their Lordships to the Commons in parchment. " To the first of those, in the sixth line, instead of ' three months,' insert ' month ;' the reason is, that it was thought heretofore too slight a work for the chief minister to read Common Prayer, which was usually performed by the inferior sort of clergy ; and, therefore, to meet with that inconveni ence, they desired the chief minister might read it once a month. " The next alteration was in the twenty-second line : from the word 'aforesaid' leave out all to the word 'subscribed' in the twenty-ninth line, and instead thereof insert these words following, ' That every dean, canon, and prebendary. 1663.J on the Ad of Uniformity. 443 of every cathedral or collegiate church, and all masters and other heads, fellows, chaplains, and tutors, of or in any coUege, haU, house of learning, or hospital, and every public professor and reader in either of the universities, and in every college elsewhere, and every parson, vicar, curate, clerk, lecturer, and every other person in holy orders, and every schoolmaster keeping any public or private school, and every person instructing or teaching any youth in any house or pri vate family as a tutor or schoolmaster, who, upon the first day of March, which wUl be in the year of our Lord God 1663, or at any time thereafter, shall be incumbent, or have possession of any deanery, canonry, prebend, mastership, headship, feUowship, professor's place, or reader's place, par sonage, vicarage, or any other ecclesiastical dignity or promo tion, or of auy curate's place, lecture, or school, or shall instruct or teach any youth as tutor, or schoolmaster, shall, before the feast day of St. Bartholomew which shall be in the year of our Lord 1662, or at or before his or their respec tive admission to be incumbent, to have possession aforesaid.' The reason of this addition was, in extending it so far as schoolmasters, in that the Commons observed the force of education was great, so as the Commons thought they ought to take care for the education of youth : for so many, he said, of the gentty and nobUity found in the long parliament dif- ferring from the Church of England did (as was conceived) arise from this root. " He observed, it was an oversight in the usurped powers, that they took no care in this particular, whereby many young persons were weU seasoned in their judgments as to the king. This made the Commons take care that school masters as well as ministers should subscribe, and rather more. " The next amendment was in the thirty-eighth line ; after the word 'covenant,' add these words 'to endeavour any change or alteration of government either in church or state :" The reason of this alteration was in respect the added 444 Proceedings in Parliament [1662. words were the very same which were used in the Act for the safety of the king's person. "The next alteration is in the fortieth Une ; after the word 'kingdom,' leave out all the words to the first word in the forty-fifth line, and instead thereof insert these words 'which said declaration and acknowledgment shall be subscribed by every of the said masters, and other heads, fellows, chaplains, and tutors, of or in any college, hall, or house of learning, and every public professor and reader in either of the Univer sities, before the vice-ch ancellor of the respective Universi ties for the time being, or his deputy ; and the said declara tion or acknowledgment shall be subscribed before the respec tive archbishop, or ordinary of the diocese, or every other person hereby enjoined to subscribe the same, upon pain that all and every of the persons aforesaid, failing in such subscrip tion, shall lose and forfeit such respective deanery, canonry, prebend, mastership, headship, fellowship, professor's place, reader's place, parsonage, ricarage, ecclesiastical dignity or promotion, curate's place, lecture, and school, and shall be utterly disabled, and ipso facto deprived of the same ; and that every such respective deanery, canonry, prebend, master ship, headship, fellowship, professor's place, reader's place, parsonage, vicarage, ecclesiastical dignity or promotion, curate's place, lecture, and school,^shaU be void, as if such person so failing were naturally dead : and if any school master, or other person instructing'or teaching youths in any private house or family as a tutor or schoolmaster, shall in struct or teach any youth, as a tutor or schoolmaster, before license obtained from his respective archbishop, or ordinary of the diocese, according to the laws and statutes of this realm, for which he shall pay twelve pence only, and before such sub scription and acknowledgment made as afore, shall for the first offence suffer three months' imprisonment, without bail or mainprize; and for every second and other such offence shall suffer three months' imprisonment, without bail or main- prize, and also forfeit|to his majesty the sum of five pounds : and, after such subscriptions made, every parson, vicar, curate. 1663.] on the Act of Uniformity. 445 and lecturer, shall procure a certificate, under the hand and seal of the respective archbishop, bishop, or ordinary of the diocese, who are hereby enjoined and required, upon demand, to make and deliver the same, and shall publicly and openly read the same, together with the declaration or acknowledg ment aforesaid, upon some Lord's day within thi'ee months then next foUowing, in his parish church where he is to officiate. " The clause of three months' imprisonment is added, to meet with those men who have no livings to lose ; and there fore the Commons thought this addition necessary. "Then he descended to an amendment in the forty-ninth line: after the word 'benefice,' leave out the word 'with cure,' and insert these words 'curate's place, or lecturer's place respectively,' In the disabling clause, livings with cure were only included ; but the Commons think not fit to leave sinecures to nonconformists; for therein he thinketh more favour would be shewn them, than to permit them to have brings with cure ; wherefore they have inserted these words 'curate's place or lecturer's place.' "In the fiftieth Une, after the word 'dead,' insert the words foUowing, ' Provided always, that, from and after the 35th day of March, which shall be in the year of our Lord 1683, there shaU be omitted in the said declaration or acknowledgment so to be subscribed and read, these words foUowing, videlicit, ' And I do declare, that I do hold there lies no obUgation upon me, or any other person, from the bath commonly called The Solemn League and Covenant, to endea vour any change or alteration of government, either in church or state ; and that the same was in itself an unlawful oath, and impbsed upbn the subjects bf this realm against the known laws and liberties of this kingdom ; so as none of the persons aforesaid shall -from thenceforth be at all obliged to subscribe or read that part of the said declaration or acknow ledgment,' " The reason of this provisb was, that the Cbmmons would not perpetuate the memory of the covenant, vyhich a common 446 Proceedings in Parliament [1662, medium of twenty years may probably determine the lives of such as took it, "The next was in the fifty-third Une : after the word ' who,' insert these words ' now is incumbent, and in possession of any parsonage, vicarage, or benefice, and who ; ' and leave out the word ' who ' in the fifty-fourth line, " The reason of this alteration was, they would not exclude such as hereafter might be wiUing to conform from other livings, though they disabled them as to such as for the pre sent they enjoyed; whereas, in their Lordships' alteration, there was no limitation of time, and so none capable of livings, who were capable hereafter to conform, " The next alteration was in the fifty-seventh line : after the word ' enjoyed,' insert the words 'the said,' instead of the word ' any ;' and then it goeth thus, ' shaU have, hold, or enjoy, the said parsonage, ricarage, benefice, or other ecclesi astical promotion,' " The next amendment is in the sixty-third line : after the word ' shall ' leave out the words ' or do,' and instead thereof insert the words ' thenceforth be capable to be admitted to any parsonage, vicarage, benefice, or other ecclesiastical pro motion or dignity whatsoever, nor shall presume to consecrate or administer the Lord's supper.' "The Commons think every incumbent should, before his admission, give testimony of his conformity, and ought before such admission to be in full orders. "The next amendment is in the sixty -third skin, where the fifth line of that skin as omitted. Tbe line is, ' or that the same avoidance be openly and publicly declared.' Now it doth not appear by that clause what is meant by ' openly,' and there being certainty enough in the former words, the Commons were not willing to leave in a clause which might raise disputes. " And then the gentlemen came to the amendments in the second paper, which they agreed to with this addition of the words, 'archbishop, bishop of the province, or,' after the words ' by the '' in the fourth line ; and the words " arch- 1663.] on the Act of Uniformity, 447 bishop or,' after the word ' same ' in the eleventh line of the said amendment, the Commons inserted the archbishop, as being unfit to omit him in that affair. The same reason is for the amendment in the eleventh line. "The next amendment is in the fortieth line. Agreed, with the addition of the word ' are ' between the word ' and ' and ' hereby ' in the amendment. " The next is the thirty-seventh line. Agreed to leave out the rest of the bUl, after the word ' authority.' " Then he came to the provisos in parchment No. 4. "The first paragraph for providing the book, unto the word 'provided' in the fifteenth line in the first skin: agreed, with the addition following, videlicit, after the word ' therein ' add the words foUowing, ' provided always, and be it enacted, by the authority aforesaid, that the Bishops of Hereford, St, Darid's, Asaph, Bangor, and Llandaff, and their successors, shall take such order amongst themselves, for the souls' health of the flocks committed to their charge in Wales, that the book hereunto annexed be truly and exactly translated into the British or Welsh tongue ; and that the same being translated, and being by them, or any three of them at the least, riewed, perused, and aUowed to be imprinted, to such number at least so that one of the said books so translated and imprinted may be had for every cathedral, coUegiate, and parish church, and chapel of ease in the said respective dioceses and places in Wales, where the Welsh is commonly spoken or used, before the 1st day of May, 1665 ; and that, from and after the imprinting and publishing of the said hook so tianslated, the whole divine service shall be used and said by the ministers and curates throughout all Wales, within the diocese where the Welsh tongue is commonly used, in the British or Welsh tongue, in such manner and form as is prescribed, according to the book hereunto annexed, to be used in the English tongue, differing nothing in any order or form from the said EngUsh book, for which book so trans lated and imprinted, the churchwardens of every the said parishes shaU pay out of the parish money in their hands 448 Proceedings in Parliament [1663. for the use of the respective churches, and be aUowed the same in their accompt ; and the said bishops and their suc cessors, or any three of them at the least, shall set and appoint the price for which the said book shall be sold : and another Book of Common Prayer, in the English tongue, shall be bought and had in every church throughout Wales, in which the Book of Common Prayer, in Welsh, is to be had by force of this Act, before the 1st day of May, 1664; and the same book to remain in such convenient places within the said churches, that such as understand them may resort, at all convenient times, to read and peruse the same; and also such as do not understand the said language may, by conferring both tongues together, the sooner attain to the knowledge of the English tongue, anything in this Act to the contrary notwithstanding: and, until printed copies of the said book, so to be translated, may be had, provided, the form of Common Prayer, established by parliament, before the making of this Act, shall be used as formerly, in such part of Wales where the English tongue is not commonly understood : and, to the end that the true and perfect copies of this Act, and the said book hereunto annexed, may be safely kept and perpetually preserved, and for the avoiding of all disputes for the time to come, be it enacted, by the authority aforesaid, that the respective deans and chapters of every cathedral or coUegiate church within England and Wales, shall, at their proper costs and charges, before the five-and-twentieth day of December, 1663, obtain, under the great seal of England, a true and perfect copy of this said Act, and of the said hook annexed hereunto, to be, by the said deans and chapters and their successors, kept and preserved in safety for ever, and to be also produced and shewed forth in any court of record as often as they shall be thereuntb lawfuUy required; and also there shall be delivered true and perfect copies of this Act, and of the same book, in the respective courts at Westminster, and into the Tower of London, to be kept and preserved for ever amongst the records of the said courts, and records of the 663,] on the Act of Uniformity, 449 Tower, to be produced and shewed forth in any court as need shall require; which said books, so to be exemplified under the great seal of England, > shaU be examined by such persons as the king's majesty shaU appoint under the great seal of England for that purpose, and shaU be com pared with the original book hereunto annexed, and shaU have power to correct and amend in writing, any error com mitted by the printer in the printing of the same book, or of anything therein contained; and shall certify in writing under their hands and seals, or the hands and seals of any three of them, at the end of the same book, that they have examined and compared the same book, and find it to be a true and perfect copy ; which said books, and every of them, so exempUfied under the great seal of England as aforesaid, shall be deemed, taken, adjudged, and expounded, to be good and available in the law to all intents and purposes whatso ever, and shall be accounted ^as good records as this book itself hereunto annexed, any law or custom to the contrary in any wise notwithstanding, "The second and third paragraphs, touching the king's professor of law, and touching the subscription to the thirty- sixth Article: agreed, unto the word, 'prorided,' in the seventeenth line, in the second skin ; all which proriso they reject, for these reasons : "1, It is a proriso without precedent, "3, That it would establish schism. "3. That it would not gratify such for whom it was in tended, "To the first, he said. It was very apparent in England, that it was without precedent; and, as he thought, in the world also, for they never heard that ever any national church did the like, "It was one thing, he said, to aUow a differing reUgion in a nation; another thing to allow men to receive profits for that church unto which men would not conform, " Secondly, though there were dissenters in the particulars of the proviso in the time of queen EUzabeth and king James, G G 450 Proceedings in Parliament [1663 yet in those days those opinions stayed there, and went no further, " To the second head. That" it would unavoidably estabUsh schism, AU persons of different inclinations would apply to such as should have this liberty, and that necessarUy make parties, especially in great cities. He did observe these two ceremonies of the cross and surplice were long in use in the church; and he found a high commendation of the use of the cross in baptism, in the book sent to the Commons from the Lords, wherein it is so clearly explained, as there can be no suspicion of popety in it. It was used, he said, to quicken the memory, as to the benefits of baptism ; and if that were omitted, much of the serrice belonging to baptism must be omitted also, many passages depending upon the use of that ceremony. " The gentleman added, that he thought it better to impose no ceremonies, than to dispense with any ; and he thought it very incongruous, at the same time when you are settUng uniformity, to establish schism, " To the third head. It would not satisfy those for whom it was intended; for such chiefly reject it upon these grounds, that things indifferent ought not to be enjoined; which opinion, he said, took away all the weight of human authority, which consists in commanding things otherwise indifferent; so as, when this shaU be yielded, you give them nothing, they opposing for the imposition sake, "He added, these were reasons as to the nature of the thing ; and as to the reasons given by their lordships to the Commons, he answered to as foUoweth : " The king's engagement at Breda as to tender consciences ; unto which he said, that his majesty could not understand the misleaders of the people, but the misled. It woidd be vety strange to call a schismatical conscience a tender conscience. He said a tender conscience denoted an impression from without, received from another, and that upon which another strikes, "Secondly, suppose these had been meant, yet he said 1663.] on the Act of Uniformity. 451 there could be no inference of any breach of promise in his majesty, because that Declaration had these two limitations : "First, a reference to parliament. "Secondly, such liberties to be granted only as consisted with the peace of the kingdom. "Then he came to the second proviso, touching allowing fifths to such incumbents as should be excluded their Uvings ; which, he observed, was no seasonable proviso, at least at this time; and if it were, yet not fit to allow such persons any things out of ecclesiastical livings. "He said, what could be more repugnant, at the same time, to enact uniformity, and to allow the fifth of an eccle siastical Uring to a nonconformist, for not conforming ; which, he said, joined with the pity of their party, would amount to more than the value of the whole living ? " He said, such a course was too jealous a reflection upon the Act, when you say some godly people would not submit ; and it can signify nothing but fear, in making such a con cession. " He added, this would make the Act contradictoty ; to say in one part of the biU that it was an equal Act, and in another part to allow dissenters to it. "There was another reason of the Commons' dissent : that divers wives and chUdren of orthodox ministers were made miserable by some of these men ; it may be, for not paying unto them those fifths which were aUowed unto them in the late times, "He added, that none that make laws ought to suppose that any would break them, " He said further, that it was not reasonable to aUow the fifths of ecclesiastical livings ; because generally such livings were too small, not able to maintain a learned man with books ; and by lessening livings thus, it would gratify uncon formable men, who desire livings in such hands should be made small, whereby the reputation of the conformable clergy would be lessened, " Secondly, he said, such a concession is not only against G G 3 463 Proceedings in Parliament [1663. reason, but justice also. It was a divine canon which said, he that served at the altar should live at the altar ; therefore the profit of the living ought to go to the labourer. " He said, that unity was so precious, that it served not only for the peace of the church, but of the kingdom also; for to give occasions for multitudes to meet which would certainly follow the dissenters, what danger that might carry with it, was worthy your Lordships' consideration, "He did from the House of Commons desire their Lordships that they would recommend to the Convocation the directing of such decent gestures to be used in time of divine service as was fit. He found one mistake in the rubric of baptism, which he conceived was a mistake of the writer, 'persons' being put instead of 'chUdren.' And having thus far dis sented from their Lordships in decimo sexto, he came to an argument in folio ; giving the Commons' consent, that their Lordships should annex to the bill that book sent to the Commons by your Lordships; and so at length came to a final concord by his silence, which put an end to that conference," Ordered, That the alterations, and the matter of this conference, shall be read and taken into consideration to morrow in the afternoon. Die Jovis, 8° Die Maii, [1663], 14° Car. II, post meridiem, [Journ. H, L., xi, 450 6—451 a,] The amendments and alterations in the BUl of Uniformity, brought from the House of Commons at a conference, and reported yesterday, were now read twice. And, for the better consideration hereof, the House was adjourned into a committee during pleasure. And being resumed ; The questibn being put, " Whether this Hbuse agrees with the Hbuse of Commons in the clause concerning schoolmas ters, with the alterations and amendments ? " It was resolved in the affirmative. 1663.] on the Act of Uniformity. 453 The next question put was, " Whether this House agrees to aU the rest of the alterations and amendments as came up from the House of Commons?" It was resolved in the affirmative. Then the alterations and amendments in the said BiU of Uniformity were read the third time. And the question being put, " Whether this House agrees to these alterations and amendments ? " It was resolved in the affirmative. Whereas it was signified by the House of Commons, at the conference yesterday, " That they found one mistake in the rubric of baptism, which they conceived was a mistake of the writer, 'persons' being put instead of ' chUdren:' " The Lord Bishop of Durham acquainted the House, that himself, and the Lord Bishop of St, Asaph, and the Lerd Bishop of CarlUe, had authority from the Convocation to mend the said word, averring it was only a mistake of the scribe. And accordingly they came to the clerk's table, and amended the same. Whereas it was intimated at the conference yesterday, as the desire of the House of Commons, "That it be recom mended to the Convocation, to take order for reverend and uniform gestures and demeanors to be enjoined at the time of dirine serrice and preaching :" It is ordered by this House, and hereby recommended to the Lords, the Bishops, and the rest of the Convocation of the Clergy, to prepare some canon or rule for that purpose, to be humbly presented unto his majesty for his assent. Die Veneris, 9° die Maii, [1663], 14° Car. II, [Journ.H. L., xi, 451 6.] A message was sent to the House of Commons, by Sir Justinian Lewin and Sir Toby Woofridge : ****** To let them know, that the Lords do agree with them m the alteratibns, amendments, and prbrisos, in the BUl concermng Uniformity, 454 Proceedings in Parliament [1663. Veneris, 9° Maii, [1663], 14o Car. II, [Journ. H. C, riU, 434 6.J A message from the Lords, by Sir Justinian Lewin and Sir Toby Woolrich; Mr. Speaker, the Lords have returned you two bills : . . . And they do further command us to give you notice, that they have agreed to the Bill of Uniformity, with the amend ments and alterations sent from this House. Die Lunse, 19° die Maii, [1663], 14° Car. II, [Journ. H. L., xi, 470 a— 473 a.] Then his majesty came and sat in his throne arrayed with his royal robes ; the peers likewise sitting in their robes un covered. The king gave command to the gentleman usher of the black rod, to let the House of Commons know, " It is his majesty's pleasure, they should attend him forthwith." Who, in obedience, came presently, attended with their speaker; who, after low obeisance made to his majesty, made this speech foUowing : videlicit, " May it please your most exceUent majesty, " The glorious body of the sun doth exhilarate the soul of man with its light, and fructify the earth by its heat. In like manner, we, the knights, citizens, and burgesses of the Com mons House of Parliament, do with all humility and thank fulness acknowledge, these frequent accessions to your royal presence do both comfort our hearts, and influence our actions. ****** " Great Sir, "We know, the strongest building must fall, if the coup ling pins be pulled out : therefore our care hath been, to pre pare such constitutions, that the prerogative of the crown and the propriety of the people may, like squared stones in a well built arch, each support the other, and grow the closer and stronger for any weight or force that shaU be laid upon them. 1663.] on the Ad of Uniformity. 455 "We cannot forget the late disputing age, wherein most persons took a Uberty, and some men made it their delight, to trample upon the discipline and government of the church. The hedge being trod down, the foxes and the wolves did enter; the swine and other unclean beasts defiled the temple. At length it was discerned, the smectymnian plot did not only hend itself to reform ceremonies, but sought to erect a popular authority of elders, and to root out episcopal jurisdic tion. In order to this work, church ornaments were first taken away ; then the means whereby distinction or inequality might be upheld amongst ecclesiastical governors ; then the forms of common prayer, which as members of the public body of Christ's church were enjoined us, were decried as superstitious, and in lieu thereof nothing, or worse than nothing, introduced. " Your majesty haring already restored the governors and government of the church, the patrimony and privileges of our churchmen ; we held it now our duty, for the reformation of aU abuses in the public worship of God, humbly to present unto your majesty, a BiU for the Uniformity of Public Prayers and Administration of Sacraments. " We hope the God of order and unity will conform the hearts of aU the people in this nation, to serve him in this order and uniformity." ****** Then the clerk of the crown read the titles of these biUs following : — "1. An Act for the Uniformity of Public Prayers, and Administration of Sacraments, and other Rites and Ceremo nies; and for establishing the form of making, ordaining, and consecrating Bishops, Priests, and Deacons, in the Church of England." ****** To aU these bUls severally the royal assent was pronounced, by the clerk of the parUaments, in these words,] "Le Roy le veult." 456 The Six hundred Alterations [1663. XXVII. TTte Six Hundred Alterations made in the Book of Common Prayer by Convocation, and adopted by Parliament. — CardweU's History of Conferences, Oxford, 1849, pp, 380—6, Op the alterations made at this time in the Prayer Book the foUowing are the most important. The Sentences, the Epistles and Gospels, and other extracts from the Bible (except the Psalter, the Ten Commandments, and other por tions of the Communion Service) were taken generaUy frOm the version of 1611, The Absolution was ordered to be pro nounced by the " priest" alone, instead of the " minister," The book of Bel and the Dragon was re-inserted in the Calendar of Lessons, The prayers for the king, the royal family, the clergy, and people, together with the prayers of St, Chrysostom and the Benediction, were printed in the order both of Morning and Evening Service, instead of being left, as formerly, at the end of the litany. The Evening Service, which previously began with the Lord's prayer, was now. opened with the sentences, the exhortation, the con fession, and absolution, printed as in the Morning Serrice, In the litany the words "rebellion" and "schism" were added to the petition respecting " sedition, privy conspiracy," &c. In a subsequent petition the words " bishops, priests, and deacons" were employed instead of "bishops, pastors, and ministers of the church," Among the occasional prayers and thanksgivings were now introduced a second prayer for fair weather, the two prayers for the ember weeks, the prayers for the parliament and for aU conditions of men, a thanksgiving for restoring public peace at home, and the general thanksgiving. New collects were appointed for the third Sunday in Advent, and for St, Stephen's day. The Genealogy, which previously made part of the gospel for the Sunday after Christmas, was now omitted, A distinct col- 1663.] made in the Book of Common Prayer. 457 lect, epistle, and gbspel, were provided for a sixth Sunday after the Epiphany, The gospels for the Sunday next before Easter and for Good Friday were shortened, having formerly contained within them respectively the second lesson for the day. In several places, as in one of the coUects for Good Friday, in those for the fifth and sixteenth Sundays after Trinity, for St, Simon and St, Jude, and in other places, the word "church" was used for "congregation," A distinct coUect was supplied for Easter even. The first of the anthems used on Easter day was added, A distinct epistle was pro rided for the day of the purification. The last clause respecting saints departed was added to the prayer for the church mUitant. The rubric was added as to "covering what remaineth of the elements with a fair linen cloth," The order in councU respecting kneeling at the Lord's supper, which had been introduced in 1553 and removed by queen Elizabeth, was restored, with this alteration; instead of "any real and essential presence there being of Christ's natural flesh and blood," it is now read, " any corporal pre sence of Christ's natural flesh and blood," A new office was appointed for the "baptism of such as are of riper years;" and some alterations made in the other offices of baptism. The preface to confirmation was curtaUed, and the clause respecting the undoubted salvation of baptized infants dying before the commission of actual sin, was placed after the office for infant baptism. Some changes were made in the offices for confirmation and matrimony ; and in the rubric at the end of the latter, the receiring the communion on the day of marriage was no Ibnger made imperative. In the risitatibu bf the sick the words "if he humbly and heartily desire it" were added to the rubric respecting absolution : the benediction also and the prayers that follow, appear now for the first time. In the order for burial the first rubric respecting persons unbaptized or excommunicate was added. Forms of prayer were supplied to be used at sea : and, lastly, offices were provided for the 30th of January and 39th of May, and the old service fbr the 5th of November was cor- 458 The Publication of the [1663, rected. These and many other minor alterations, amounting, as Dr, Tenison computed, to about six hundred in number, were made in the Book of Common Prayer by the Convo cation of 1663, and were finally ratified by the Act of Uniformity, XXVIII, The Publication of the Book of Common Prayer. London, August 6th, [1662. J In pursuance of the late Act for Uniformity of Publique Prayers in the Church of England, the same itself is now perfectly and exactly printed, and by the great care and prudence of the most Reverend Archbishops and Bishops, books in folio are prorided for all churches and chapels in this kingdom ; the price of which book (though it contains one hundred and sixty-five sheets) is ordered to be but six shillings ready bound, ' A Certificate given by the Lord Bishop of Peterborough, allowing a lawful impediment for persons not reading the Book of Common Prayer, &c., within the time prescribed by the late Act of Uniformity. " Whereas, by an Act of Parliament, made and printed in this present year, 1662, for the Uniformity of Public Prayer, ^c, it is enacted, among other things, &c., 'and that every such person who shall (without some lawful impediment, to be allowed and approved of by the ordinary of the place,) neglect or refuse to do the same within the time aforesaid, shall ipso facto be deprived of his spiritual promotions.' And forasmuch as the Books of Common Prayer appointed ' Merewrius Publictis. Published by Authority. Prom Thursday, July 31st, to Thursday, August 7th, 1662. p. 514. 1663.] Book of Common Prayer. 459 hy the said Act to be read, could not be gotten by the dean and prebendaries of the cathedral church of Peterborough (so that they might read the same in the said cathedral) before the 17th of this instant, August, being the Sunday imme diately preceding the Feast of St. Bartholomew, upon which day it is not possible that all the members of the said cathedral church should read the said service in manner and form as is by the said Act directed. We, therefore, by the power given to us by the said Act, do allow and approve of the said impediment, and do hereby declare it so to be for the not reading of the said service as directed, and for not declaring of their contents as required in and by the said Act. Sealed and signed this 17th of August, 1663. "B. Peterborough."^ "A complaint was made' [says Dr. Calamy in his Life of Mr. Baxter, p. 301] that very few of them [the clergy] could see the book, to all things in which they were to declare their assent and consent before the time limited by the Act expired. For the Common Prayer book with the alterations _jd amendments (for so they are called, how deservedly I inquire not) made by the Convocation, did not come out of the press tiU a few days before the 34th of August. So that of the seven thousand ministers in England who kept their Hvings, few, except those who were in or near London, could possibly have a sight of the book with its alterations, till after they had declared their assent and consent to it. " Mr. OUiffe, in his ' Defence of Ministerial Conformity,' to take this off, reports, from an aged minister in their parts, that he and his neighbours sent to London, and had the amendments and alterations copied out ; and adds, that it is to be hoped, that the charge here brought is groundless against so many thousand ministers, &c. "The return made by Dr. Calamy, in his Defence of Moderate Nonconformity, part ii, pp. 100, 101, is this, that ' Kennett's Kegister and Chronicle, Ecclesiastical and Civil. London, 1728, p. 743. 460 The King's Declaration. [1663, perhaps that might be a peculiar favour, because I have it under the hand of another worthy ejected minister (who is since dead) that this was true in fact; and that several ministers now in London never read it before they gave their assent and consent, and that in Middlesex few parishes had the book tUl a week, fortnight, three weeks, or a month after. But as for written copies of the amendments, they were so Uable to abuses and mistakes, that 'tis dubious how far they might be safely depended on,"* XXIX. TTie King's Declaration. Charles R. As it hath pleased Almighty God so wonderfuUy to restore us to the throne of our ancestors, and our subjects to happy peace and tranquillity without the least bloodshed by the military sword; so having still earnestly wished that both might be secured and maintained with the least effusion possible of the same by the sword of justice, as desiring much rather to cure the ill intentions of the disaffected by our clemency, than to punish the effects by rigour of law : we cannot but express our great grief and trouble, that the unpardonable as weU as incurable malignity of some should have carried them anew to such traitorous practices against our person and government, as have necessitated us to make fresh examples by the death of any more of our subjects. But as the publicness of their trial in the ordi nary course of law, hath by their conriction sufficiently ' Kennett's Kegister and Chronicle, Ecclesiastical and Civil. London, 1728, p. 837, 1562.] The King's Declaration, 461 gjitisfied the world of the enormity of their crimes, so we have thought fit, at the same time that we are forced to punish, to endeavour, as much as in us lieth, the preventing all occasions of the Uke for the future by this Declaration ; wherein our principal aim is, to apply proper antidotes to all those venomous insinuations, by which (as we are certainly mformed) some of our subjects of inveterate and unalterable ill principles, do daily endeavour to pbisbn the affectibns bf our good people, by misleading their understandings, and that prineipaUy, by four sorts of most false and malicious scandals, which we do look upon as the grounds of those traitorous attempts. The first. By suggesting unto them, that having attained our ends in re-establishing our regal authority, and gaining the power into our own hands by a specious condescension to a general act of indemnity, we intend nothing less than the observation of it; but on the contrary, by degrees to subject the persons and estates of aU such who stood in need of that law, to future revenge, and to give them up to the spoU of those who had lost their fortunes in our service. Secondly, That upon pretence of plots and practices j^ainst us, we intend to introduce a military way of govern ment in this kingdom. Thirdly, That having made use of such solemn promises from Breda, and in several declarations since, of ease and liberty to tender consciences, instead of performing any part of them, we have added straiter fetters than ever, and new rocks of scandal to the scruprdous, by the Act of Uni formity, Fourthly and lastly. We find it as artificially as maliciously divulged throughout tbe whole kingdom. That at the same time we deny a fitting liberty to those other sects of our subjects, whose consciences will nbt allow them to conform to the reUgion estabUshed by law : we are highly indulgent to papists, not only in exempting them from the penalties of the law, but even to such a degree of countenance and encouragement, as may even endanger the protestant religibn. 463 The King's Declaration, [1663, Upon occasion of aU which wicked and malicious sug gestions, although we are confident that the innate loyalty and good affections of the generality of our people, strengthened by a due sense of the late calamities brought upon them by the same arts, wiU hinder seeds of so detes table a nature from taking root, and bringing forth the fruits aimed at by the sowers of them : yet we think that in our fatherly care to prevent any misleading of those who are so dear to us, we owe unto them and to ourselves this publication of our steadfast resolutions in all these particulars. As to the first point, concerning the Act of indemnity; certainly there can be no greater eridence that the passing it proceeded from the clemency of our nature, as weU as from the present conjuncture of that parliament wherein it was first framed, than that we have been pleased to make it our especial care to have it confirmed by a new Act in this, a parliament composed of members so full of affections to our person, and of zeal for the public good, as we could never have cause to apprehend their exacting from us a confirmation of anything that had been extorted, or had at present been judged by us prejudicial to either : and, there fore, as we not only consented unto, but most earnestly desired the passing that Act at first, and confirming it since, as being no less conformable to our nature, than conducible to a happy settlement; so we do hereby most solemnly renew unto all our subjects concerned in it, this engagement, on the word of a king, — That it shall never be in the power of any person or interest whatsoever, to make us decline from the religious observance of it : it haring been always a constant profession of ours, — That we do and shall ever think our royal dignity and greatness much more happily and securely founded on our own clemency and our subjects' loves, than in their fears, and our power. Which most sincere profession of ours may suffice also to expose the wickedness and falsehood of the other malice con cerning the design of introducing a way of government by military power. 1663.] The King's Declaration, 463 It is true, we should not think that we discharged rightly what we owe to the public peace, and to the freedom and security of parliaments, as well as to the safety of our person, if, whilst we daily discover such multitudes of dis tempered minds, and such dangerous practices issuing from them, we should, from want of sufficient guards, put it in the power of those rebellious spirits to undertake, probably, at any time, what they have at several times so madly attempted for the ruin and destruction of us all. Of which certainly, besides the present occasion of new precaution as weU as new severity, we suppose all our good subjects need not a Uvelier nor more moving instance, than what their memories can furnish them with, from the desperate under taking of Venner aud his crew, which (as mad as it was) we leave to aU the world to judge of how dangerous a conse quence it might have been, without that little strength remaining of those forces, which (to give our people a testimony of our founding aU our security rather in their affections than in any military power) we had so frankly disbanded, and which afterwards, by advice of our council merely upon motives of the public safety, we consented to increase to that moderate proportion, which was, indeed, absolutely necessaty, and hath since been sufficiently proved to be so, by the security which we owe to them from the late dangerous practices. But the reasons of such precautions once ceasing, we are vety sure that what guards soever may be found necessary for us to continue, as in former times, for the dignity and honour of our crown; the sole strength and security we shaU ever confide in shaU be the hearts and affections of our subjects, endeared and confirmed to us by our gracious and steady manner of government, according to the ancient known laws of the land ; there being not any one of our subjects who doth more from his heart abhor, than we our selves, all sort of militaty and arbitrary rule. As for the third, concerning the non-performance of our promises, we remember weU the vety words of those from 464 The King's Declaration, [1663. Breda; viz.. We do declare a Uberty to tender consciences, and that no man shall be disquieted or called in question for differences of opinion in matters of religion, which do not disturb the peace of the kingdom : and that we shall be ready to consent to such an act of parliament, as upon mature deliberation shaU be offered to us for the full grant ing that indulgence. We remember well the confirmations we have made of them since upon several occasions in parliament : and as aU these things are stUl fresh in our memory, so are we still firm in the resolution of performing them to the full. But it must not be wondered at, since that parliament, to which those promises were made in relation to an act, never thought fit to offer us any to that purpose, and being so zealous as we are (and by the grace of God shall ever be) for the main tenance of the true protestant religion, finding it so shaken (not to say overthrown) as we did, we should give its estab- Ushment the precedency before matters of indulgence to dissenters from it. But that once done, (as we hope it is sufficiently by the bUl of uniformity,) we are glad to lay hold on this occasion to renew unto all our subjects concerned in those promises of indulgence by a true tenderness of con science, this assurance : That, as in the first place, we have been zealous to settle the unifornuty of the church of England, in discipline, ceremony, and government, and shaU ever constantly main tain it ; So as for what concerns the penalties upon thbse who (living peaceable) do not conform thereunto through scruple and tenderness of misguided conscience, but modestly and without scandal perform their devotions in their own way, we shall make it our special care so far forth as in us lies, without invading the freedom of parliament, to incline their wisdom at this next approaching sessions, to concur with us in the making some such act for that purpose, as may enable us to exercise, with a more universal satisfaction, that power of dispensing, which we conceive to be inherent in us. Nor 1662.] The King's Declaration. 455 can we doubt of their cheerful co-operating with us in a thmg wherein we do conceive ourselves so far engaged, both in honour and in what we owe to the peace of our dominions which we profess we can never think secure, whilst there shaU be a colour left to the malicious and disaffected to inflame the minds of so many multitudes upon the score of conscience, with despair of ever obtaining any effect of our promise for their ease. In the last place, as to that most pernicious and injurious scandal, so artificially spread and fomented, of our favour to papists; as it is but a repetition of the same detestable arts, hy which aU the late calamities have been brought upon this kingdom in the time of our royal father, of blessed memory, (who, though the most pious and zealous protestant that ever reigned in this nation, could never wash off the stains cast upon him hy that malice, but by his martyrdom,) we conceive all our subjects should be sufficiently prepared against that poison by memoty of those disasters ; especially since nothing is more evident, than that the wicked authors of this scandal are such as seek to involve aU good protestants under the odious name of papists, or popishly affected : yet we cannot hut say upon this occasion, that our education and course of life in the true protestant religion has been such, and our constancy in the profession of it so eminent in our most "desperate condition abroad among Roman catholic princes, whenas the appearance of receding from it had been the hkeliest way in all human forecast, to have procured us the most powerful assistances of our re- establishment, that should any of our subjects give but the least admission of that scandal unto their beliefs, we should look upon it as the most unpardonable ofience that they can be guilty of towards us. 'Tis true, that as we shall always according to justice retain, so we think it may become us to avow to the world, a due sense we have of the greatest part of our Roman catholic subjects of this kingdom, having deserved well from our royal father, of blessed memory, and from us, and even from the protestant religion itself, in adhering to us with H H 466 The King's Declaration. [1663. their lives and fortunes for the maintenance of our crown in the religion established, against those who, under the name of zealbus prbtestants, employed both fire and sword tb overthrow them both. We shall, with as much freedom, profess unto the world that it is not in our intention to exclude our Roman catholic subjects, who have so demeaned themselves, from aU share in the benefit of such an act, as in pursuance of our promises, the wisdom of our parliament shall think fit to offer unto us for the ease of tender con sciences. It might appear no less than injustice, that those who deserved weU and continued to do so, should be denied some part of that mercy which we have obliged ourselves to afford to ten times the number of such who have not done so. Besides, such are the capital laws in force against them, as though justified in their rigour by -the times wherein they were made, we profess it would be grievous unto us to consent to the execution of them, by putting any of our subjects to death for their opinions in matters of religion only. But at the same time that we declare our little liking of those sanguinary ones, and our gracious intentions already expressed to such of our Roman cathoUc subjects as shaU live peaceably, modestly, and without scandal; we would have them aU know, that if for doing what their duties and loyalties obUged them to, or from our acknowledgment of , their weU-deserring, they shall have the presumption to hope for a toleration of their profession, or a taking away either those marks of distinction or of our displeasure, which in a weU-govemed kingdom ought always to be set upon dissen ters from the reUgion of the state, or to obtain the least remission in the strictness of those laws, which either are or shall be made to hinder the spreading of their doctrine, to the prejudice of the true protestant religion ; or that upon our expressing (according to Christian charity) our disUke for bloodshed for religion only, priests shall take the boldness to appear and avow themselves to the offence and scandal of good protestants, and of the laws in force against them, they shall quickly find we know as well to be severe, when wisdom 1663.] The King's Declaration. 457 requires, as indulgent when charity and sense of merit chaUenge it from us. With this we have thought fit to arm our good subjects' minds against the practices of our iU ones, by a true know ledge of our own; of which, now rightly persuaded, we make no question, but that whosoever they be from whom they can derive the spreading or fomenting of any of those wicked suggestions, they will look upon them with detes tation, as the most dangerous enemies of our crown, and of the peace and happiness of the nation : and that what we have here published wUl happily prepare them all to a cheerful expectation of the approaching sessions of parlia ment; an assembly so eminent in their loyalty and their zeal for the peace and prosperity of our kingdoms, that having already made those happy settlements for the main tenance of the reUgion estabUshed, and of our just rights, their foU concurrence with us can no way be doubted in the performance of aU our promises, and to the effecting of those gracious intentions, which (God knows) our heart is full of, for the plenty, prosperity, and universal satisfactions of the nation. In order to which, although it be foreign to the main scope of this our Declaration, which is prineipaUy to prevent the mischiefs aimed at by the scandals therein mentioned, and that wherein we reserve the enlargement of ourself tiU the opening of the next sessions of parliament, yet we cannot forbear hinting here unto our gbbd subjects four particulars, wherein we think to give them the most important marks of our care. First, In punishing, by severe laws, that licen tiousness and impiety, which, since the dissolution of govemmentj we find, to our great grief, hath overspread the nation. Secondly, As weU by sumptuary laws as by our own example of frugaUty, to restrain the excess in men's expenses, which is grown so general and sb exorbitant, beyond all bounds either of their quaUties or fortunes. Thirdly, So to perfect what we have already industriously begun in the retrenching of aU our own ordinary and extraordinary charges 468 Proceedings in Parliament [1662-3, in navy, garrisons, household, and aU their dependants, as to bring them within the compass of our settled revenue, that thereby our subjects may have little cause to apprehend our frequent pressing them for new assistants. And lastly. So to imprbve the good consequences of these three particulars to the advancement of trade, that all our subjects finding (as well as other nations envying) the advantage this hath of them in that prime foundation of plenty, they may aU, with minds happUy composed by our clemency and indulgence (instead of taking up thoughts of deserting their professions, or trans planting) apply themselves comfortably and with redoubled industry to their several vocations, in such manner as the private interest of every one in particular may encourage him to contribute cheerfuUy to the general prosperity. Given at our court at Whitehall, this twenty-sixth day of December, in the fourteenth year of our reign. XXX. Proceedings in Parliament upon the King's Declaration of 26th December, 1663. — Journals of' the House of Com mons, vol, riii, Sabbati, 31° Februarii, [1663—3], 15« Car II, [p. 438 b.] Resolved, Sfc. — That Wednesday next be appointed for reading the king's majesty's Declaration and last Speech, and for taking the same into consideration and debate. Mercurii, 25° FebruarU, [1663—3], 15» Car. II, [p. 440 a, b.] The House then took into consideration the order, made the one-and-twentieth of this month, for reading the king's majesty's Declaration and Speech. 1663-3.] upon the King's Declaration. 469 And taking the same into debate ; And the Declaration and Speech being read ; The question being put. That the House do now proceed in the debate upon the king's majesty's Declaration and Speech, The House was dirided. The Noes went out : Mr. Clifford, f Tellers for the noes : "| { Sir Sol. Swale, t With the noes. Sir Courtney Poole, ( Tellers for the yeas : 1 9(.q Colonel Strangwayes, \ With the yeas, j And so it was resolved in the affirmative. And the House accordingly proceeding in the debate; Upon consideration had by the House of the king's ma jesty's Declaration and Speech ; Resolved, upon the question, Nemine contradicente — That the humble thanks of this House be returned to the king's majesty, for his constancy iu the observation of the Act of Indemnity. Resolved, ^c, Nemine contradicente — That the humble thanks of this House be returned to the king's majesty, for his profession against introducing a government by a mUitary power. Resolved, ^c, Nemine contradicente — That the humble thanks of this House be returned to his majesty, for his gracious inritation to this House to prepare some laws against the growth and progress of popety. Resolved, ^c, Nemine contradicente — That the humble thanks of this House be returned to his majesty for his resolution to maintain the Act of Uniformity. Joris, 36° Februarii, [1663—3], 15° Car, II, [p. 441 a.J Ordered— Thai it be referred to a committee, to coUect and bring in the reasons of the House for the vote of advice 'to his majesty, upon the debates had yesterday; and also to prepare and bring in a bill to prevent the further growth of popety: viz., Sir Hen. North, Mr. SoUcitor-General, Mr. 470 Proceedings in Parliament [1663-3, Vaughan, Sir Edw, Walpoole, Sir Tho, Meres, Sfr Fra, Goodrick, Colonel Windham, Lord Fanshaw, Mr, Hunger- ford, Mr, Ashburnham, Sir Rich, Everard, Sir Bain, Throckmorton, Lord Newburgh, Lord Falkland, Lord An- cram, Major-General Egerton, Sir John Goodrick, Sir John Duncombe, Lord Bruce, Sir Robert Atkyns, Sir John Birkinhead, Sir Wm, Lowther, Master of the RoUs, Sir Anthony Cope, Mr, Broome Whorwood, Colonel Strang wayes, Sir Tho, Gower, Serjeant Charlton, Colonel Progers, Sir Edm, Peirce, Sir Cha, Harbord; and they are to meet in the Speaker's chamber, at two of the clock this afternoon; and to send for persons, papers, and records. Resolved, §-c,-— That, in the close of the reasons to be presented to his majesty, for the vote of adrice, it be also added, that this House, in pursuance thereof, wUl assist his majesty with their lives and fortunes; and that the committee appointed to bring in the reasons do pen an address, to that purpose, to his majesty. Veneris, 37° Februarii, [1663—3], 15° Car II, [pp, 443a— 4436,] Sir Heneage Finch reports, from the committee appointed to coUect and bring in the reasons of this House for their vote of adrice to the king's majesty ; and, in the close of those reasons, to add — That the House wUl assist his majesty with their lives and fortunes ; and to pen an address to his majesty for that purpose ; the several reasons, and address, agreed by the committee, in writing, which he read in his place, and did after bring up and deUver the same in at the clerk's table. The first paragraph was read; and, upon the question, agreed to. The second paragraph was read; and, on the question, agreed to. The third was read ; and, on the question, agreed to. The fourth paragraph was read; and, on the question, agreed to. 1663-3.] upon the King's Declaration. 47] The fifth paragraph was read. Resolved — That after the word " endeavours," these words "by your declaration," be inserted. And the same was done accordingly, Besolved, §-c. — That the words "by a gracious forbear ance," be omitted, ¦Which were struck out accordingly. Resolved — That these words, " that there be any indulgence to such persons who presume to dissent from the Act of Uniformity," be inserted. Which was done accordingly, Besolved, S^c. — That the paragraph, so amended be agreed to. The reasbus were read. The first paragraph was read the secbnd time ; and, bu the question, agreed tb. The next paragraph was read. Resolved, S^c. — That the word " and " be inserted, instead of "if," Besolved, ^c. — That this clause be added in the close of the first paragraph ; " nor could it be otherwise understood, because there were laws of uniformity then in being, which could not be dispensed with, but by Act of ParUament," Which was done accordingly, Besolved, ^c. — That these words, " they who do pretend a right to that supposed promise," be inserted in the beginning of the second paragraph. Which was done accordingly. Resolved, ^c. — That the paragraph, so agreed to, do pass. The next paragraph was read the second time; and The next was read the second time ; and, on the question, agreed to. The rest, untU the last paragraph, were severally read; and, on the question, agreed to. An additibnal reason, in writing, tendered to be inserted before the last reason. 473 Proceedings in Parliament [1663-3, Resolved f ^c. — That the reason, being in these words, " It is a thing altogether without precedent, and wUl take away all means of convicting recusants, and be inconsistent with the method and proceedings of the laws of England," be inserted. Which was done accordingly. The last reason was read. Resolved, ^c. — That these words, in the close of the last paragraph, viz., " it being most notorious, that the vcty prayers, which some pretend to make for the supreme authority, are stUl mingled with vUe and seditious reflec tions," be omitted. The question being put, "To agree to the address and reasons, to be presented to his majesty, as they are amended, and read ? " It was resolved in the affirmative. Which are as foUoweth, riz. : " May it please your most excellent majesty, " We, your majesty's most dutiful and loyal subjects, the knights, citizens, and burgesses of the House of Commons, in parliament assembled, having, with all fidelity and obedi ence, considered of the several matters comprised in your majesty's late gracious Declaration of the twenty-sixth of December last, and your most gracious speech at the begin ning of this present session, do, in the first place, for ourselves and in the names of all the Commons of England, render to your sacred majesty, the tribute of our most hearty thanks, for that infinite grace and goodness wherewith your majesty hath been pleased to publish your royal intentions of adhering to your Act of Indemnity and Oblirion, by a con stant and religious observance of it. And om' hearts are further enlarged in these returns of thanksgirings, when we consider your majesty's most princely and heroic professions, of relying upon the affections of your people, and abhorring all sort of military and arbitrary rule. But, above all, we can never enough remember, to the honour of your majesty's piety, and our own unspeakable comfort, those solemn and 1668-3.] upon the King's Declaration. 473 most endearing inritations of us your majesty's subjects, to prepare laws, to be presented to your majesty, against the growth and increase of popety ; and, withal, to provide more laws against licentiousness and impiety; at the same time declaring your own resolutions for maintaining the Act of Uniformity, And it becomes us always to acknowledge and admire your majesty's wisdom in this your Declaration; whereby your majesty is pleased to resolve, not only by sumptuary laws, but by your own royal example of frugality, to restrain that excess in men's expences which is grown so general and so exorbitant ; and to direct our endeavours to find out fit and proper laws for advancement of trade and commerce. "After aU this, we most humbly beseech your majesty to beheve, that it is with extreme unwUlingness and reluctancy of heart, that we are brought to differ from anything which your majesty hath thought fit to propose. And though we do no way doubt, but that the unreasonable distempers of men's spirits, and the many mutinies and conspiracies which were carried on during the late intervals of parliament, did reasonably incUne your majesty to endeavour, by your Declaration, to give some allay to those ill humours, till the parhament assembled, and the hopes of an indulgence if the parliament should consent to it ; especially seeing the pre tenders to this indulgence did seem to make some title to it, hy rirtue of your majesty's Declaration from Breda. Never theless, we, your majesty's most dutiful and loyal subjects, who are now returned to serve in parliament from those several parts and places of your kingdom for which we were chosen, do humbly offer it to your majesty's great wisdom, that it is in no sort adrisable that there be any indulgence to such persons who presume to dissent from the Act of Unifor mity and religion established, for these reasons : " We have considered the nature of your majesty's Decla ration from Breda, and are humbly of opinion that your majesty ought not to be pressed with it any further ; because it is not a promise in itself, but only a gracious declaration 474 Proceedings in Parliament [1663-3. of your majesty's intentions to do what in you lay, and what a parliament should advise your majesty to do : and no such adrice was ever given, or thought fit to be offered; nor could it be otherwise understood, because there were laws of uniformity then in being which could not be dispensed with, but by Act of Parliament. " They who do pretend a right to that supposed promise, put their right into the hands of their representatives, whom they chose to serve for them in this parhament ; who have passed, and your majesty consented, to the Act of Uniformity. " If any shall presume to say, that a right to the benefit of this Declaration doth stUl remain after this Act passed, it tends to dissolve the very bonds of government, and to suppose a disability in your majesty and your Houses of Parliament, to make a law contrary to any part of your majesty's Declaration, though both Houses should advise your majesty to it. "We have also considered the nature of the indulgence proposed, with reference to those consequences which must necessarily attend it. " It will estabUsh schism by a law, and make the whole government of the church precarious, and the censures of it of no moment or consideration at all, " It wUl no way become the gravity or wisdom of a parlia ment, to pass a law at one session for uniformity, and at the next session (the reasons for uniformity continuing stUl the same) to pass another law tb frustrate br weaken the execu- tion of it, " It wiU expose your majesty to the restless importimity of every sect or opinion, and of every single person also, that shall presume to dissent from the church of England. " It wUl be a cause of increasing sects and sectaries ; whose numbers wiU weaken the true protestant profession so far, that it wiU at least become difficult for it to defend itself against them. And, which is yet further considerable, those 1663-3.] upon the King's Declaration. 475 numbers which, by being troublesome to the government, find they can arrive to an indulgence, will, as their numbers increase, be yet more troublesome, that so, at length, they may arrive at a general toleration, which your majesty hath declared against; and, in time, some prevalent sect wUl, at last, contend for an establishment ; which, for aiight can be foreseen, may end in popery, "It is a thing altogether without precedent; and will take away all means of conricting recusants, and be in consistent with the method and proceedings of the laws of England, " Lastly, it is humbly conceived, that the indulgence pro posed wiU be so far from tending to the peace of the kingdom, that it is Ukely rather to occasion great disturbance ; and, on the contraty, that the asserting of the laws, and the religion established, according to the Act of Uniformity, is the most probable means to produce a settled peace and obedience through the kingdom ; because the variety of professions in rehgion, when openly indulged, doth directly distinguish men iato parties, and, withal, gives them opportunity to count their numbers ; which, considering the animosities that, out of a reUgious pride, wUl be kept on foot by the several factions, doth tend, directly and inevitably, to open disturb ance; nor can your majesty have any security, that the doctrine or worship of the several factions, which are aU governed by a several rule, shall be consistent with the peace of your kingdom, "And if any person shall presume to disturb the peace of the kingdom, we do, in all humility, declare, that we wUl for ever, and upon all occasions, be ready with our uttermost endeavours and assistance, to adhere to, and serve your majesty, according to our bounden duty and aUegiance," Ordered— That such members of this House, as are of his majesty's privy councU, do move the king's majesty, that he would give leave to this House to wait on him, at such time and place as his majesty shaU think fit and appoint. 476 Proceedings in Parliament. [1663-3, Sabbati, 38° Februarii, [1663—3], 15° Car II, [pp, 443 b — 444 a,] Sir WiUiam Compton reports that he, with some other members of this House, of his majesty's honourable privy councU, had attended his majesty, and signified unto him the desires of this House to wait on his majesty at such time and place as he should please to appoint; and that his majesty did receive the message very graciously, as he doth all things that come from this House ; and, to give them a testimony of it, had appointed the shortest time he could for the House to attend him, which was this afternoon, at three of the clock, in the Banqueting House at WhitehaU. The address and reasons of this House, to be presented to his majesty, being fair written, were this day read the third time. Resolved, S^c. — That the word " in " he made " upon," Resolved, ^c. — That these words, "and religion estab lished," be added after the word " uniformity." Post Meridiem. Mr. Speaker, and the members of this House accompany ing him, according to his majesty's appointment, went in a body to attend his majesty at the Banqueting House in WhitehaU, with the address of thanks and reasons for the vote of non-indulgence to be presented to his majesty ; and, being returned, Mr. Speaker reported that the answer his majesty gave thereunto was to this effect, viz. : "That he gave us hearty thanks for our many thanks; that never any king was so happy in a House of Commons as he is in this; that the paper and reasons were long, and therefore he would take time to consider of them, and send us a message; that we could never differ but in judgment, and that must be when he did not rightly express himself, or we did not rightly understand him ; but our interest was so far linked together, that we could never disagree." 1664.] The Conventicle Act. 477 Lunse, 16° Martii, [1663—3], 15,, Car. II, [p. 451 a.] Mr. Secretary Morice reports a message from his majesty, in writing, which he deUvered to Mr. Speaker ; and the same was twice read, and was as foUoweth : " Charles R. "His majesty is unwiUing to enlarge upon the address lately made to him by his House of Commons, or to reply to the reasons ; though he finds what he had said much mis understood : but renews his hearty thanks to them for their expressions of so great duty and affection ; and for their free declaration, ' that if any persons shaU presume to disturb the peace of the kingdom, they wiU for ever, and in aU occasions, be ready, with their utmost endeavours and assistance, to adhere to, and serve his majesty;' and doth very heartily desire them so to enable him, and to put the kingdom into such a posture, as, if any disturbance or seditious designs arise, they may be easUy suppressed." Resolved, ^c. — That the humble thanks of this House be returned to the king's majesty, for his gracious message to this House. And such members of this House as are of his majesty's honourable privy councU, are to present the thanks of this House to his majesty. XXXI. The Conventicle Act, 1664. An Act to prevent and suppress Seditious Conventicles. Whereas an Act made in the five-and-thirtieth year of the reign of our late sovereign lady queen Elizabeth, entitled, an Act to retain the queen's majesty's subjects in their due obedience, hath not been put in due execution by reason of some doubt 478 the Conventicle Ad. [1664. of late made, whether the said Act be still in force ; although it be very clear and erident ; and it is hereby declared, that the said Act is still in force, and ought to be put in due execution. II. For providing therefore of further and more speedy remedies against the growing and dangerous practices of seditious sectaries, and other disloyal persons, who, under pretence of tender consciences, do at their meetings contrive insurrections, as late experience has showed. III. Be it enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parhament assembled, and by the authority of the same, that if any person of the age of sixteen years or upwards, being a subject of this realm, at any time after the first day of July, which shall be in the year of our Lord, one thousand six hundred sixty-and-four, shall be present at any assembly, conventicle, or meeting, under colour or pretence of any exercise of religion, in other manner than is allowed by the Uturgy or practice of the church of England, in any place within the kingdom of England, dominion of Wales, and town of •Berwick-upon- Tweed; at which conventicle, meeting, or assembly, there shall be five persons or more assembled together, over and above those of the same household ; then it shaU and may he lawful to, and for any two justices of the peace of the county, limit, division, or liberty wherein the offence aforesaid shall be committed, or for the chief magistrate of the place where such offence aforesaid shaU be committed ; (if it be within a corporation where there not two justices of the peace) ; and they are hereby required and enjoined upon proof to them or him respectively made of such offence, either by con fession of the party, or oath of witness, or notorious eridence of the fact (which oath the said justices of the peace, and chief magistrate respectively, are hereby empowered and re quired to administer) to make a record of evety such offence and offences under their hands and seals respectively; which record so made, as aforesaid, shall, to aU intents and purposes, be in law taken and adjudged to be a full and perfect i664] The Conventicle Act. 479 conviction of every such offender for such offence : and there upon the said justices and chief magistrates respectively, shall commit every such offender, so convicted as aforesaid, to the gaol or house of correction, there to remain without bail or mainprize, for any time not exceeding the space of three months, unless such offender shaU pay down to the said jus tices or chief magistrate, such sum of money, not exceeding five pounds, as the said justices or chief magistrate (who are hereby thereimto authorized and required) shall fine the said offender at, for his or her said offence ; which money shall be paid to the churchwardens for the relief of the poor of the parish where such offender did last inhabit. IV. And be it further enacted by the authority aforesaid, thai if such offender, so conricted as aforesaid, shall at any time again commit the like offence contrary to this Act, and be thereof in manner aforesaid convicted, then such offender so conricted of such second offence, shall incur the penalty of imprisonment in the gaol or house of correction, for any time not exceeding six months, without baU or mainprize, unless such offender shaU pay down to the said justices or chief magistrate, such sum of money, not exceeding ten pounds, as the said justices or chief magistrate (who are thereunto autho rized and required, as aforesaid) shall fine the said offender at, for his or her said second offence, the said fine to be dis posed in manner aforesaid. V. And be it further enacted by the authority aforesaid, that if any such offender so convicted of a second offence contrary to this Act in manner aforesaid, shall at any time again commit the Uke offence contrary to this Act, then any two justices of the peace, and chief magistrate, as aforesaid, respectively, shaU commit every such offender to the gaol, or house of correction, there to remain without baU or mainprize untU the next general quarter sessions, assizes, gaol delivery, great sessions, or sitting of any commission of Oyer and Terminer in the respective county, limit, divisibn, br liberty which shaU first happen; when and where every such offender shall be proceeded against by indictment fbr such 480 The Conventicle Act. [1664. offence, and shall forthwith be arraigned upon such indict ment, and shall then plead the general issue of not guUty, and give any special matter in evidence, or confess the indict ment; and if such offender proceeded against, shall be lawftdly convicted of such offence, either by confession or verdict, or if such offender shaU refuse to plead the general issue, or to confess the indictment, then the respective justices of the peace at their general quarter sessions, judges^of assize and gaol delivery at the assizes and gaol delivcty, justices of the great sessions at the great sessions, and commissioners bf Oyer and Terminer, at their sitting, are hereby enabled and required to cause judgment to be entered against such offender, that such offender shaU be transported beyond the seas to any of his majesty's foreign plantations (Virginia and New England only excepted) there to remain seven years; and shall forthwith under their hands and seals make out warrants to the sheriff or sheriffs of the same county where such conviction or refusal to plead or to confess, as aforesaid, shall be, safely to convey such offender to some port or haven nearest or most commodious to be appointed by them respec tively ; and from thence to embark such offender to be safely transported to any of his majesty's plantations beyond the seas, as shall be also by them respectively appointed (Virginia and New England only excepted:) whereupon the said sheriff shaU safely convey and embark, or cause to be em barked such offender, to be transported> as aforesaid ; under pain of forfeiting for default of so transporting every such offender, the sum of forty pounds of lawful money ; the one moiety thereof to the king, and the other moiety to him or them that shall sue for the same in any of the king's courts of record, by bUl, plaint, action of debt, or information ; in any of which, no wager of law, essoin, or protection shaU be admitted: and the said respective court shaU then also make out warrants to the several constables, headboroughs, or tithingmen of the respective places where the estate, real or personal, of such offender so to be transported shall happen to be, commanding them thereby to sequester into their hands 1664.] The Conventicle Ad. 481 the profits of the lands, and to distrain and sell the goods of the offender so to be transported, for the reimbursing of the said sheriff all such reasonable charges as he shall be at, and shaU be aUowed him by the said respective court for such conveying and embarking of such offender so to be trans ported, rendering to the party, or his or her assigns, the over plus of the same, if any be, unless such offender, or some other on behalf of such offender so to be transported, shall give the sheriff such security as he shall approve of, for the paying all the said charges unto him. VI. And be it further enacted by the authority aforesaid, that in default of defraying such charges by the parties to be transported, or some other in their behalf; or in default of security given to the sheriff, as aforesaid, it shall and may be lawful for every such sheriff to contract with any master of a ship, merchant, or other person, for the transporting of such offender at the best rate he can : and that in every such case it shall arid may be lawful for such persons so contract ing with any sheriff for transporting such offender, as afore said, to detain and employ every such offender so by them transported, as a labourer to them or their assigns, for the space of five years, to aU intents and purposes, as if he or she "Were bound by indentures to such person for that purpose : and that the respective sheriffs shall be allowed or paid fi'om the king, upon their respective accounts in the exche quer, all such charges by them expended, for conveying, em barking, and transporting of such persons, which shall be allowed by the said respective courts from whence they received their respective warrants, and which shall not have been by any of the ways aforementioned paid, secured, or re imbursed unto them, as aforesaid. VII. Prorided always, and be it further enacted, that in case the offender so indicted and convicted for the said third offence, shall pay into the hands of the registrar or clerk of the court or sessions where he shall be convicted (before the said court or sessions shall be ended) the sum of one hundred pounds, that then the said offender shaU be discharged from I I 483 The Conventicle Ad. [1664. imprisonment and transportation, and the judgment for the same. VIII. And be it further enacted, that the Uke imprison ment, indictment, arraignment, and proceedings shall be against every such offender, as often as he shaU again offend after such third offence; nevertheless is dischargable and discharged by the payment of the like sum as was paid by such offender for his or her said offence next before committed, together with the additional and increased sum of one hundred pounds more upon every new offence committed : the said respective sums to be paid, as aforesaid, and to be disposed of as foUoweth, (viz.,) the one moiety for the repair of the parish church or churches, chapel or chapels of such parish within which such conventicle, assembly, or meeting shall be held ; and the other moiety to the repair of the highways of the said parish or parishes (if need require) or otherwise for the amendment of such highways as the justices of peace at their respective quarter sessions shall direct and appoint; and if any constable, headborough, or tithingman shaU neglect to execute any the said warrants made unto them for sequestering, distraining, and seUing any of the goods and chattels of any offender against this Act, for the levying such sums of money as shall be imposed for the first or second offence, he shall forfeit for every such neglect the sum of five pounds of lawrful money of England; the one moiety thereof to the king, and the other moiety to him that wiU sue for the same in any of the king's courts of record, as is aforesaid: and if any person be at any time sued for putting in execution any of the powers contained in this act, such person shall and may plead the general issue, and give the special matter in evidence; and if the plaintiff be nonsuit, or a verdict pass for the defendant thereupon, or if the plaintiff discontinue his action, or if, upon demurrer, judgment be given for the defendant, every such defendant shall have his or their treble costs. IX. And be it further enacted, that if any person against whom judgment of transportation shall be given in manner 1664.] The Conventicle Act. 483 aforesaid, shall make escape before transportation, or bej ng transported, as aforesaid, shaU return unto this realm of England, dominion of Wales, and tbwn of Berwick-upon- Tweed, without the special licence of his majesty, his heirs and successors, in that behalf first had and obtained, that the party so escaping or returning shall be adjudged a felon, and shaU suffer death as in case of felony, vrithout benefit of clergy: and shall forfeit and lose to his majesty aU his or her goods and chattels for ever ; and shall farther lose to his majesty aU his or her lands, tenements, and hereditaments for and during the life only of such offender, and no longer : and that the wife of any such offender by force of this act shall not lose her dower, nor shall any corruption of blood grow or be by reason of any such offence mentioned in this act ; but that the heir of every such offender by force of this act, shall and may, after the death of such offender, have and enjoy the lands, tenements, and hereditaments of such offenders, as if this act had not been made. X. And for better preventing of the mischiefs which may grow by such seditious and tumultuous meetings under pre tence of reUgious worship : be it further enacted by the authority aforesaid, that the lieutenants or deputy lieutenants, or any commissioned officers of the mUitia, or any other of his majesty's forces, with such troops or companies of horse or foot ; and also the sheriffs and justices of peace and other magisteates and ministers of justice, or any of them jointly or severally withiu any the counties or places within this kingdom of England, dominion of Wales, or town of Berwick- upon-Tweed, with such other assistance as they shall think meet or can get in readiness with the soonest, on certificate made to them respectively under the hand and seal of any one justice of the peace, or chief magistrate, as aforesaid, of his particular information or knowledge of such unlawful meet ings or conventicles held or to be held in their respective counties or places, and that he (with such assistance as he can get together, is not able to suppress or dissolve the same) shaU and may, and are hereby required and enjoined to repair I I 3 484 The Conventicle Ad. [1664 unto the place where they are so held, or to be held, and by the best means they can to dissolve and dissipate, or prevent all such unlawful meetings, and take into their custody such of those persons so unlawfully assembled as they shall judge to be the leaders and seducers of the rest, and such others as they shall think fit to be proceeded against according to law for such their offences. XI. And be it enacted by the authority aforesaid, that every person who shall wittingly and willingly suffer any such conventicle, unlawful assembly or meeting aforesaid, to be held in his or her house, outhouse, barn or room, yard or backside, woods or grounds, shall incur the same penalties and forfeitures as any other offender against this act ought to incur, and be proceeded against, in all points, in such manner as any other offender against this act ought to he proceeded against. XII. Provided also, and be it enacted by the authority aforesaid, that if any keeper of any gaol or house of correc tion, shall suffer any person committed to his custody for any offence against this act, to go at large, contrary to the war rant of his commitment according to this act, or shaU permit any person, who is at large, to join with any person com mitted to his custody by virtue of this act, in the exercise of religion, di^ering from the rites of the church of England; then every such keeper of a gaol or house of correction shall for every such offence forfeit the sum of ten pounds, to be levied, raised, and disposed by such persons, and in such manner as the penalties for the first and second offences against this act are to be levied, raised, and disposed. XIII. Provided always, that no person shall be punished for any offence against this act, unless such offender be pro secuted for the same within three months after the offence committed : and that no person who shall be punished for any offence by virtue of this act, shall be punished for the same offence by virtue of any other act or law what soever. XIV. Provided also, and be it enacted, that judgment of 1664.] The Conventicle Act. 485 transportation shall not be given against any feme covert, unless her husband be at the same time under the like judgment, and not discharged by the payment of money, as aforesaid ; but that instead thereof she shall by the respective court be committed to the gaol or house of correction, there to remain without bail or mainprize, for any time not exceed ing twelve months, unless her husband shall pay down such sum, not exceeding forty pounds, to redeem her from impri sonment, as sbaU be imposed by the said court, the said sum to be disposed by such persons, and in such manner as the penalties for the first and second offence against this act are to be disposed. XV. Provided also, and be it enacted by the authority aforesaid, that the justices of the peace, and chief magistrate respectively empowered, as aforesaid, to put this act in execu tion, shaU and may, with what aid, force, and assistance they shall think fit, for the better execution of this act, after refusal or denial, enter into any house, or other place where they shall be informed any such conventicle, as aforesaid, is or shall be held. XVI. Provided, that no dwelling house of any peer of this realm, whilst he or his wife shaU be there resident, shall be searched by rirtue of this act, but by immediate warrant fi'om his majesty under his sign manual, or in the presence of the lieutenant, or one of the deputy lieutenants, or two justices of the peace, whereof one to be of the quorum of the same county or riding : nor shall any other dwelling house of any peer or other person whatsoever, be entered into with force by rirtue of this act, but in the presence of one justice of the peace, or chief magistrate respectively, except within the city of London, where it shall be lawful for any such other dweUing house to be entered into, as aforesaid, in the presence of one justice of the peace, alderman, deputy alderman, or any one commissioner for the lieutenancy for the city of London. XVII. Provided also, and be it enacted by the authority aforesaid, that no person shaU by virtue of this act be com- 486 The Conventicle Ad. [1664. mitted to the house of correction, that shall satisfy the said justices of the peace, or chief mEigistrate respectively, that he or she (and in case of a feme covert, that her husband) hath an estate of freehold, or copyhold to the value of five pounds per annum, or personal estate to the value of fifty pounds ; anything in this act to the contrary notwithstanding. XVIII, And in regard to a certain sect called quakers, and other sectaries, are found not only to offend in the matters provided against by this act, but also obstruct the proceeding of justice by their obstinate refusal to take oaths lawfully tendered unto them in the ordinary course of law: there fore be it farther enacted by the authority aforesaid, that if any person or persons being duly and legally served with pro cess or other summons to appear in any court of record, except court leets, as a witness, or returned to serve of any jury, or ordered to be examined upon interrogatories, or being present in court shall refuse to take any judicial oath legally tendered to him by the judge or judges of the same court, having no legal plea to justify or excuse the reftisal of the same oath : or if any person or persons being duly served with process, to answer any bill exhibited against him or them in any court of equity, or any suit in any court ecclesi astical, shall refase to answer such biU or suit upon his or their corporal oath, in cases where the law requires sach answer to be put in upon oath ; or being summoned to be a witness in any such court, or ordered to be examined upon interrogatories, shall for any cause or reason, not aUowed by law refuse to take such oath, as in such cases is required by law : that then, and in such case, the several and respec tive courts wherein such refusal shaU be made, shaU be, and are hereby enabled to record, enter, or register such refusal, which record or entry shaU be, and is hereby made a con viction of such offence; and all and every person and persons so, as aforesaid, offending, shaU for every such offence incur the judgment and punishment of transportation in such manner as is appointed by this act for other offences, XIX, Prorided always, that if any the person or persons 1664.] The Conventicle Act, 437 aforesaid, shaU come into such Cburt, and take his or their oath in these words : I do swear, that I do not hold the taking of an oath to be unlawful nor refuse to take an oath on that account, XX, Which oath the respective court or courts aforesaid, are hereby authorised and required forthwith to tender, administer, and register, before the entry of the conviction aforesaid; or shaU take such oath before some justice cf the peace, whb is hereby authbrized and required to admin ister the same, to be returned into such court : such oath so made shall acquit him or them from such punishment ; anything herein to the contrary notwithstanding, XXI, Prorided always, that every person conricted as aforesaid in any courts aforesaid, (other than his majesty's court of king's bench, or before the justices of assize, or general gaol deUvery) shall by warrantcontaining a certificate of such conriction under the hand and seal of the respective judge or judges before whom such conviction shall be had, be sent to some one of his majesty's gaols in the same county where such conviction was had, there to remain without bail or mainprize until the next assizes, or general gaol delivery: where, if such person so conricted shall refase to take the oath aforesaid, being tendered unto him by the justice or justices of assize or gaol delivery; then such justice or justices shaU cause judgment of transportation to be executed in such manner as judgment of transportation by this act is to be executed : hut in case such person shaU take the said oath, then he shaU thereupon be discharged, XXII, Prorided always, and be it enacted by the authority aforesaid, that if any peer of this realm shall offend against this act, he shaU pay ten pounds for the first offence, and twenty pounds for the second offence, to be levied upon his goods and chattels by warrant from any two justices of the peace, or chief magistrate of the place or dirislon where such peer shall dweU: and that every peer for the third, and every further offence against the tenor of this act, shall be tried by his peers, and not otherwise. 488 The Five Mile Act. [1665, XXIII, Provided also, and be it further enacted by the authority aforesaid, that this act shaU continue in force for three years after the end of this present session of parliament;' and from thenceforward, to the end of the next session of parliament after the said three years and no longer. XXXII. The Five Mile Act. An Act for Restraining Nonconformists from Inhabiting in Corporations. Wheeeas divers parsons, ricars, curates, lecturers, and other persons in holy orders, have not declared their unfeigned assent and consent to the use of all things contained and prescribed in " The Book of Common Prayer, and administra tion of the sacraments, and other rites and ceremonies of the church, according to the use of the church of England," or have not subscribed the declaration or acknowledgment con tained in a certain Act of Parliament made in the fourteenth year of his majesty's reign, and entitled, an Act for the Uniformity of Public Prayers and Administration of Sacra ments, and other Rites and Ceremonies, and for the Establish ing the form of Making, Ordaining, and Consecrating of Bishops, Priests, and Deacons in the Church of England, according to the said Act, or any other subsequent Act. And whereas they or some of them, and divers other person and persons not ordained according to the form of the church of England, and as have since the Act of Oblivion taken upon them to preach in unlawful assemblies, conventicles, or meet ings, under colour or pretence of exercise of religion, con trary to the laws and statutes of this kingdom, have settled themselves in divers corporations in England, sometimes three or more of them in a place, thereby taking an opportu- 1665.] The Five Mile Act. 489 nity to distU the poisonous principles of schism and rebellion into the hearts of his majesty's subjects, to the great danger of the church and kingdom. II. Be it therefore enacted by the king's most excellent majesty, by and with the advice and consent of the lords spiritual and temporal, and the commons in this present par hament assembled, and by the authority of the same, that the said parsons, ricars, curates, lecturers, and other persons in holy orders, or pretended holy orders, or pretending to holy orders, and all stipendiaries, and other persons who have been possessed of any ecclesiastical or spiritual promotion, and every of them, who have not declared their unfeigned assent and consent, as aforesaid, and subscribed the declaration aforesaid, and shall not take and subscribe the oath following: I, A. B., do swear, that it is not lawful upon any pre tence whatsoever, to take arms against the king ; and that I do abhor that traitorous position of taking arms by his authority against his person, or against those that are com missioned by him, in pursuance of such commissions; and that I wUl not at any time endeavour any alteration of government, either in church or state. III. And all such person and persons as shall take upon them to preach in any unlawful assembly, conventicle, or meeting, under colour or pretence of any exercise of religion, contrary to the laws and statutes of this kingdom ; shall not at any time from and after the four and twentieth day of March, which shall be in this present year of our Lord God one thousand six hundred sixty-and-five, unless only in pass ing upon the road, come or be within five miles of any city or town corporate, or borough that send burgesses to the par liament, within his majesty's kingdom of England, princi pality of Wales, or of the town of Berwick-upon-Tweed ; or within five miles of any parish, town or place, wherein he or they have since the Act of Oblirion been parson, vicar, curate, stipendiary, or lecturer, or taken upon them to preach in any unlawful assembly, conventicle, or meeting, under colour or pretence of any exercise of reUgion, contrary to the 490 The Five Mile Ad. [1665. laws and statutes of this kingdom; before he or they have taken and subscribed the oath aforesaid, before the justices of the peace at their quarter sessions to be holden for the county, riding, or dirision, next unto the said corporation, city, or borough, parish, place, or town in open court, (which said oath the said justices are hereby empowered there to administer) ; upon forfeiture for every such offence the sum of forty pounds of lawful English money; the one third part thereof to his majesty and his successors; the other third part to the use of the poor of the parish where the offence shall be committed ; and the other third part thereof to such person or persons as shaU or will sue for the same hy action of debt, plaint, biU, or information in any court of record at Westminster, or before any justices of assize. Oyer and Terminer, or gaol delivery, or before any justices of the counties palatine of Chester, Lancaster, or Durham, or the justices of the great sessions in Wales, or before any justices of peace in their quarter sessions, wherein no essoin, protec tion, or wager of law shaU be allowed. IV. Provided always, and be it further enacted by the authority aforesaid, that it shall not be lawful for any person or persons restrained from coming to any city, town corporate, borough, parish, town, or place, as aforesaid, or for any other person or persons as shall not first take and subscribe the said oath, and as shaU not frequent dirine service established by the laws of this kingdom, and carry him or herself reverently, decently, and orderly there, to teach any public or private school, or take any borders, or fablers that are taught or in structed by him or herself, or any other ; upon pain for every such offence to forfeit the sum of forty pounds, to be recovered and distributed, as aforesaid. V. Provided also, and be it farther enacted by the autho rity aforesaid, that it shall be lawful for any two justices of the peace of the respective county, upon oath to them of any of fence against this act, which oath they are hereby empowered to administer, to commit the offender for six months, without bail pr mainprize, unless, upon or before such cemmitment, he 1670,] The Conventicle Act, 49I shall, before the said justices of the peace, swear and subscribe the aforesaid oath and declaration, VI, Prorided always, that if any person intended to be restrained by virtue of this act, shall without fraud or covin he served with any writ, subpoena, warrant, or other process whereby his personal appearance is required, his obedience to such writ, subpoena, or process, shaU not be construed an offence against this act. XXXIII, The Conventicle Act, 1670, An Act to Prevent and Suppress Seditious Conventicles, FoK proriding further and more speedy remedies against the growing and dangerous practices of seditious sectaries, and other disloyal persons, who, under pretence of tender con sciences, have or may at their meetings contrive insurrections (as late experience hath shewn) : be it enacted by the king's most exceUent majesty, by and with the advice and consent of the lords spiritual and temporal, and commons in this present parliament assembled, and by authority of the same, that if any person of the age of sixteen years or upwards, being a subject of this realm, at any time after the tenth day of May next, shall be present at any assembly, conventicle, or meeting, under colour or pretence of any exercies of reli gion in other manner than according to the liturgy and prac tice of the church of England, in any place within the kingdom of England, or dominion of Wales, or town of Berwick-upon-Tweed, at which conventicle, meeting, or assembly, there shall be five persons or more assembled together, over and besides those of the same household, if it be in a house where there is a family inhabiting ; or if it be in a house, field, or place where there is no famUy inhabiting; 493 The Conventicle Ad, [1670, then where any five .persons or more, are so assembled, as aforesaid, it shall and may be lawful to and for any one or more justices of the peace of the county, limit, dirision, cor poration, or liberty wherein the offence aforesaid shall be committed, or for the chief magistrate of the place where the offence aforesaid shall be committed ; and he and they are hereby required and enjoined, upon proof to him or them respectively made of such offence, either by confession of the party or oath of two vjitnesses : (which oath the said justice and justices of the peace, and chief magistrate respec tively, are hereby empowered and required to administer) or by notorious evidence and circumstance of the fact, to make a record of every such offence under his or their hands and seals respectively : which record so made, as aforesaid, shaU to all intents and purposes be in law taken and adjudged to be a full and perfect conviction of every such offender for such offence ; and thereupon the said justice, justices, and chief magistrate respectively, shall impose on every such offender so convicted, as aforesaid, a fine of five shiUings for such first offence ; which record and conriction shaU be cer tified by the said justice, justices, or chief magistrate, at the next quarter sessions of. the peace, for the county or place where the offence was committed. II. And be it further enacted by the authority aforesaid, that if such offender so conricted, as aforesaid, shall at any time again commit the like offence or offences, contrary to this act, and be thereof in manner aforesaid convicted, then such offender so conricted of such like offence or offences, shall for every such offence incur the penalty of ten shUlings: which fine and fines, for the first and every other offence shall be levied by distress and sale of the offender's goods and chattels ; or in case of the poverty of such offender, upon the goods and chattels of any other person or persons who shaU be then convicted in manner aforesaid of the like offence at the same conventicle, at the discretion of the said justice, justices, or chief magistrate respectively, so as the sum to be levied on any one person in case of the poverty of other 1670.] The Conventicle Act. 493 offenders, amount not in the whole to above the sum of ten pounds, upon occasion of any one meeting, as aforesaid : and every constable, headborough, tithingman, churchwar dens, and overseers of the poor respectively, are hereby authorized and required to levy the same accordingly, having first received a warrant under the hands and seals of the said justice, justices, or chief magistrate respectively so to do : the said monies so to be levied, to be forthwith delivered to the same justice, justices, or chief magistrate, and by him or them to be distributed, the one third part thereof to the use of the king's majesty, his heirs and successors, to be paid to the high sheriff of the county for the time being, in manner foUowing : that is to say, the justice or justices of peace shall pay the same iuto the court of the respective quarter sessions, which said court shall deliver the same to the sheriff, and make a memorial on record of the payment and delivery thereof, which said memorial shall be a sufficient and final discharge to the said justice and justices, and a charge to the sheriff, which said discharge and charge shall be certified into the exchequer together, and not one without the other : and no justice shall or may be questioned or accountable for the same in the exchequer or elsewhere, than in quarter sessions : another third part thereof to and for the use of the poor of the parish where such offence shaU be committed ; and the other third part thereof to the informer and informers, and to such person and persons as the said justice, justices, or chief magistrate respectively shall appoint, having regard to their dUigence and industty in the discovery, dispersing, and punishing of the said conventicles. III. And be it farther enacted by the authority aforesaid, that every person who shaU take upon him to preach or teach in any such meeting, assembly, or conventicle, and shall thereof be convicted, as aforesaid, shall forfeit for every such first offence the sum of twenty pounds, to be levied in manner aforesaid upon his gbods and chattels; and if the said preacher or teacher, so convicted, be a stranger, and his name and habitation not known, or is fled, and cannot be 494 The Conventicle Ad. [1670. found, or in the judgment of the justice, justices, or chief magistrate before whom he shaU be convicted, shall be thought unable to pay the same, the said justice, justices, or chief magistrate respectively, are hereby empowered and required to levy the same by warrant, as aforesaid, upon the goods and chattels of any such persons who shaU be present at the same conventicle ; anything in this or any other act, law, or statute to the contrary notwithstanding; and the money so leried, to be disposed of in manner aforesaid : and if such offender so convicted, as aforesaid, shaU at any time again commit the like offence or offences contrary to this act, and be thereof convicted in manner aforesaid, then such offender so conricted of such like offence or offences, shaU for every such offence, incur the penalty of forty pounds, to be leried and disposed, as aforesaid. IV, And be it further enacted by the authority aforesaid, that every person who shall wittingly and wilUngly suffer any such conventicle, meeting, or unlawful assembly aforesaid, to be held in his or her house, outhouse, bam, yard or backside, and be convicted thereof in manner aforesaid, shall forfeit the sum of twenty pounds, to be levied in manner aforesaid, upon his or her goods and chattels ; or in case of his or her poverty or inabUity, as -aforesaid, upon the goods and chattels of such persons who shall be convicted in manner aforesaid, of being present at the same conventicle ; and the money so leried, to be disposed of in manner aforesaid. V. Provided always, and be it enacted by the authority aforesaid, that no person shall by any clause of this act he Uable to pay above ten pounds for any one meeting, in regard of the poverty of any other person or persons. VI, Provided also, and be it further enacted, that in aU cases of this act, where the penalty or sum charged upon any offender exceeds the sum of ten shiUings, and such offender shaU .find himself aggrieved, it shaU and may be lawful for bim within one week after the said penalty or money charged shaU be paid or levied, to appeal in writing from the person or persons convicting, to the judgment of the justices of the peace in 1670.] The Conventicle Act. 495 their next quarter sessions : to whom the justice or jus tices of the peace, chief magistrate, or alderman, that first convicted such offender, shall return the money levied upon the appeUant, and shaU certify under his and their hands and seals, the evidence upon which the conviction past, with the whole record thereof, and the said appeal; whereupon such offender may plead and make defence, and have his trial by a juty thereupoh : and in case such appellant shall not prosecute with effect, or if upon such trial he shall not be acquitted, or judgment pass not for him upon his said appeal, the said justices at the sessions shaU give treble costs against such offender for his unjust appeal : and no other court whatsoever shaU intermeddle with any cause or causes of appeal upon this act, but they shaU be finaUy determined in the quarter sessions only, VII. Prorided always, and be it further enacted, that upon the deUvcty of such appeal, as aforesaid, the person or per sons appeUant shaU enter before the person or persons con ricting, into a recognizance, to prosecute the said appeal with effect : which said recognizance the person or persons con ricting is hereby empowered to take, and required to certify the same to the next quarter sessions : and in case no such recognizance be entered into, the said appeal to be nuU and void, VIII, Provided always, that evety such appeal shaU be left with the person or persons so convicting, as aforesaid, at the time of the making thereof, IX, And be it further enacted by the authority aforesaid, that the justice, justices of the peace, and chief magistrate respectively, or the respective constables, headboroughs, and tithingmen, by warrant from the said justice, justices, or chief magistrate respectively, shall and may, with what aid, force, and assistance they shall think fit, for the better execution of this act, after refusal or denial to enter, break open, and enter into any house or other place, where they shaU be informed any such conventicle, as aforesaid, is or shaU be held, as weU within liberties as without: and take into their custody 496 The Conventicle Act. 11670. the persons there unlawfuUy assembled, to the intent they may be proceeded against according to this act : and, that the lieutenants or deputy lieutenants, or any commissionated officer of the militia, or other of his majesty's forces, with such troops or companies of horse and toot; and also the sheriffs, and other magistrates and ministers of justice, or any of them jointly or severaUy, within any the counties or places within this kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, with such other assistance as they shall think meet, or can get in readiness with the soonest, on certificate made to them respectively under the hand and seal of any one justice of the peace or chief magistrate, of his particular information or knowledge of such unlawful meeting or conventicle held, or to be held in their respective counties or places, and that he with such assistance as he can get together, is not able to suppress and dissolve the same, shall and may, and are hereby required and enjoined to repair unto the place where they are so held, or to be held, and by the best means they can to dissolve, dissipate, or prevent aU such unlawful meetings, and take into their custody such and so many of the said persons so unlawfully assembled as they shall think fit, to the intent they may be proceeded against according to this act, X. Provided always, that no dwelling house of any peer of this realm, where he or his wife shall then be resident, shaU be searched by virtue of this act, but by immediate warrant from his majesty, under his sign manual, or in the presence of the lieutenant, or one deputy lieutenant, or two justices of the peace, whereof one to be of the quorum of the same county or riding. XI. And be it further enacted by the authority aforesaid, ' that if any constable, headborough, tithingman, church warden br overseer of the poor, who shaU know, or be credibly informed of any such meetings or conventicles held within his precincts, parishes, or limits, and shall not give in formation thereof to some justice of the peace, or the chief magistrate, and endeavour the conviction of the parties 1670.] The Conventicle Act. 497 according to his duty; but such constable, headborough, tithingman, churchwarden, overseers of the poor, or any per son lawfully called in aid of the constable, headborough, or tithingman, shall wUfuUy and wittingly omit the performance of his duty, in the execution of this act, and be thereof convicted in manner aforesaid, he shall forfeit for every such offence, the sum of five pounds, to be levied upon his goods and chattels, and disposed in manner aforesaid: and that if any justice of the peace, or chief magistrate, shall wilfully and wittingly omit the performance of his duty in the execu tion of this act, he shall forfeit the sum of one hundred pounds; the one moiety to the use of the informer, to be recovered by action, suit, bUl, or plaint, in any of his majesty's courts at Westminster, wherein no essoin, protection, or wager of law shaU lie. XII, And be it further enacted by the authority aforesaid that if any person be at any time sued for putting in execu tion any of the powers contained in this act, otherwise than upon appeal allowed by this act, such person shall and may plead the general issue, and give the special matter in evi dence : and if the plaintiff be nonsuit, or a verdict pass for the defendant, or if the plaintiff discontinue his action, or if upon demurrer, judgment be given for the defendant, - evety such defendant shall have his fuU treble costs. XIII. And be it further enacted by the authority aforesaid, that this act, and aU clauses therein contained, shall be con strued most largely and beneficially for the suppressing of conventicles, and for the justification and encouragement of all persons to be employed in the execution thereof: and that no record, warrant, or mittimus to be made by virtue of this act, or any proceedings thereupon, shall be reversed, ¦avoided, or any way impeached by reason of any default in form : and in case any person offending against this act, shall be an inhabitant in any other county or corporation, or % into any other county or corporation after the offence committed, the justice of peace or chief magistrate before whom he shaU be convicted, as aforesaid, shaU certify the K K. 498 The Conventicle Ad. [1670, same under his hand and seal, to any justice of peace, or chief magistrate of such other county or corporation wherein the said person or persons are inhabitants, or are fled into : which said justice or chief magistrate respectively, is hereby authorized and required to levy the penalty or penal ties in this act mentioned, upon the goods and chattels of such person or persons, as fully as the said other justice of peace -might have done, in case he or they had been inhabi tants in the place where the offence was committed, XIV, Prorided also, that no person shall be punished for any offence against this act, unless such offender be prosecuted for the same within three months after the offence committed: and that no person who shaU be punished for any offence by virtue of this act, shall be punished for the same offence by virtue of any other act or law whatsoever, XV, Prorided, and be it farther ensicted by the authority aforesaid, that every alderman of London for the time being, within the city of London, and the liberties thereof, shall have (and they and every of them are hereby empowered and required to execute) the same power and authority within London, and the hberties thereof, for the examining, convict ing and punishing of all offences within this act •committed - ¦within London, and the liberties thereof, which any justice of peace hath by this act in any county of England, and shaU be subject to the same penalties and punishments, for not doing that which by this act is directed to be done by any justice of peace in any county of England, XVI, Prorided, and be it enacted by the authority afore said, that if the person offending, and convicted, as aforesaid be a feme covert, cohabiting with her husband, the penalties of five shillings, and ten shillings, so as aforesaid incurred, shall be leried by warrant, as aforesaid, upon the goods and chattels of the husband of such feme covert, XVII, Provided also, that no peer of this realm shall be attached or imprisoned by virtue or force of this act; any thing, matter, or clause, therein to the contrary notwithstanding, XVIII, Prorided also, that neither this act, nor anything 1673.] Tlie Test Ad. 499 therein contained, shall extend to invaUdate or void his majesty's supremacy in ecclesiastical affairs : but that his majesty, and his heirs and successors may from time to time, and at aU times hereafter, exercise and enjoy all powers and authority in ecclesiastical affairs, as fully aud as amply as himself or any of his predecessors have or might have done the same ; anything in this act notwithstanding. XXXIV. The Test Act. An Act for Preventing Dangers which may happen from Popish Recusants. For preventing dangers which may happen from popish recusants, and quieting the minds of his majesty's good subjects :' Be it enacted by the king's most exceUent majesty, by and with the advice and consent of the lords spiritual and temporal, and the commons in this present parhament assembled, and by authority of the same, that all and every person or persons, as well peers as commoners, that shaU bear any office or offices, civil or military, or shall receive any pay, salary, fee, or wages, by reason of any patent or grant from his majesty, or shall have command or place of trust from or under his majesty, or from any of his majesty's predecessors, or by his or their authority, or by authority derived frora him or them, within the realm of England, dominion of Wales, or town of Berwick-upon- Tweed, or in his majesty's navy, or in the several islands of Jersey and Guernsey, or shaU be of the household, or in the serrice or employment of his majesty, or of his royal highness the Duke of York, who shaU inhabit, reside, or be withm the K K 3 500 Tlie Test Act. [1673. city of London or Westminster, or within thirty miles distant from the same, on the first day of Easter term that shaU be in the year of our Lord one thousand six hundred and seventy-three, or at any time during the said term, all and every the said person aud persons shaU personally appear before the end of the said term, or of Trinity term next following, in his majesty's High Court of Chancery, or in his majesty's Court of King's Bench, and there in public and open court, between the hours of nine of the clock and twelve in the forenoon, take the several oaths of supremacy, and aUegiance, which Oath of Allegiance is contained in the statute made in the third year of king James, by law established ; and during the time of the taking thereof by the said person and persons, all pleas and proceedings in the said respective courts shall cease; and that all and every of the said respective persons and officers, not haring taken the said oaths in the said respective courts aforesaid, shall, on or before the first day of August, one thousand six hundred and seventy -three, at the quarter sessions for -that county or place where he or they shall be, inhabit, or reside, on the twentieth day of May, take the said oaths in open court, between the said hours of nine and twelve of the clock in the forenoon;- and the said respective officers aforesaid, shall also receive the sacra ment of the Lord's supper, according to the usage of the church of England, at or before the first day of August, in the year of our Lord one thousand six hundred and seventy- three, in some parish church, upon some Lord's day, com monly called Sunday, immediately after divine service and sermon, II, And be it further enacted by the authority aforesaid, that aU and every person or persons that shall be admitted, entered, placed, or taken into any office or offices, ciril or military, or shall receive any pay, salary, fee, or wages, by reason of any patent or grant of his majesty, or shall have command or place of trust, from or under his majesty, his heirs or successors, or by his or their authority, or by authority derived from him or them, within this realm of 1673.] The Ted Ad. 501 England, dominion of Wales, or town of Berwick-upon- Tweed, or in his majesty's navy, or in the several islands of Jersey and Guernsey, or that shall be admitted into any ser vice or employment in his majesty's or royal highness's household or famUy, after the first day of Easter term afore said, and shall inhabit, be, or reside, when he or they is or are so admitted or placed, within the cities of London or Westminster, or within thirty miles of the same, shall take the said oaths aforesaid, in the said respective court or courts aforesaid, in the next term after such his or their admittance or admittances into the office or offices, employment or employments aforesaid, between the hours aforesaid, and no other, and the proceedings to cease, as aforesaid; and that all and every such person or persons to be admitted after the said first day of Easter term, as aforesaid, not having taken the said oaths in the said courts aforesaid, shall, at the quarter sessions for that county or place where he or they shall reside, next after such his admittance or admittances into any of the said respective offices or employments afore said, take the said several and respective oaths, as aforesaid : And all and every such person and persons so to be admitted, as aforesaid, shall also receive the sacrament of the Lord's supper, according to the usage of the Church of England, within three months after his or their admit tance in or receiring their said authority and employment, in some public church, upon some Lord's day, com monly called Sunday, immediately after divine service and sermon. III. And every of the said persons in the respective court where he takes the said oaths, shall first deliver a certificate of such his receiving the said sacrament, as aforesaid, under the hands of the respective minister and churchwarden, and shaU then make proof of the truth thereof, by two credible witnesses, at the least, upon oath ; all which shall be enquired of, and put upon record in the' respective courts. IV. And be it further enacted by the authority aforesaid. 503 The Ted Ad. [167 that aU and evety the person or persons aforesaid, that do or shaU neglect or refuse to take the said oaths and sacrament in the said courts and places, and at the respective times aforesaid, shaU be ipso facto adjudged uncapable and dis abled in law, to aU intents and purposes whatsoever, to have, occupy, or enjoy the said office or offices, employment or employments, or any part of them, or any matter or thing aforesaid, or any profit or advantage appertaining to them, or any of them; and every such office and place, employment and employments, shall be void, and is hereby adjudged void, V, And be it farther enacted, that aU and every such person or persons that shaU neglect or refuse to take the said oaths, or the sacrament, as aforesaid, within the times and in the places aforesaid, and in the manner aforesaid, and yet after such neglect or refusal, shall execute any of the said offices or employments, after the said times expired, wherein he or they ought to have taken the same, and being thereupon lawfully conricted, in or upon any information, presentment, or indictment, in any of the king's com'ts at Westminster, or at the assizes, evety such person or persons shaU be disabled from thenceforth, to sue, or use any action, biU, plaint, or information in course of law, or to prosecute any suit in any Court of Equity, or to be guardian of any chUd, or executor -or administrator of any person, or capable of any legacy, or deed of gift, or to bear any office within this realm of England, dominion of Wales, or town of Berwick-upon- Tweed; and shall forfeit the sum of five hundred pounds, to be recovered by him or them that shaU sue for the same, to be prosecuted by any action of debt, suit, bill, plaint, or information in any of his majesty's courts at Westminster, wherein no essoin, protection, or wager of law shaU lie, VI, And be it further enacted by the authority aforesaid, that the names of all and singular such persons and officers aforesaid, that do or shaU take the oaths aforesaid, shall be in the respective Courts of Chancery and King's Bench, and the quarter sessions, inroUed, with the day and time of their 1673.] Tlie Ted Ad, 503 taking the same, in rolls made and kept only for that intent and purpose, and for no other; the which rolls, as for the Court of Chancery, shall be pubUcly hung up in the office of the Petty-bag, and the roll for the King's Bench in the Crown-Office of the said court, and in some public place in every quarter sessions, and there remain during the whble term, evety term, and during the whble time of the said sessions, in every quarter sessions, for everyone to resort to, and look upon, without fee or reward; and likewise none of the person or persons aforesaid shall give or pay, as any fee or reward, to any officer or officers belonging to any of the courts, as aforesaid, above the sum of twelve pence for his or their entry of his or their taking of the said oaths aforesaid. VII, And farther, that it shaU and may be lawful to and for the respective courts aforesaid, to give and administer the said oaths aforesaid, to the person or persons aforesaid, in manner as aforesaid; and upon the due tender of any such person or persons, to take the said oaths, the said courts are hereby required and enjoined to administer the same, VIII. And be it further enacted, that if any person or persons not bred up by his or their parent or parents from their infancy in the popish religion, and professing themselves to be popish recusants, shaU breed up, instruct, or educate his or their chUd or chUdren, or suffer them to be instructed or educated in the popish religion, every such person being thereof convicted, shaU be from thenceforth disabled of bearing any office, or place of trust or profit, in church or state; and aU such chUdren as shall be so brought up, instructed, or educated, are and shaU be hereby disabled of bearing any such office or place of trust or profit, until he and they be perfectly reconcUed and converted to the church of England, and shaU take the Oaths of Supremacy and Allegi ance aforesaid, before the justices of the peace, in the open quarter sessions of the county or place where they shall inhabit, and thereupon receive the sacrament of the Lord's supper, after the usage of the church of England, and 504 The Ted Ad. [1673, obtain a certificate thereof, under the hands of two or more of the said justices of the peace, IX, And be it further enacted by the authority aforesaid, that at the same time when the persons concerned in this act shall take the aforesaid Oaths of Supremacy and AUegiance, they shaU likewise make and subscribe this declaration follow ing, under the same penalties and forfeitures as by this act is appointed : I, A. B., do declare, that I do believe that there is not any transubstantiation in the sacrament of the Lord's supper, or in the elements of bread and wine, at or after the con secration thereof by any person whatsoever. X. Of which subscription there shall be the like register kept as of the taking the oaths aforesaid, XI. Provided always, that neither this act, nor anything therein contained, shall extend, be judged or interpreted any ways to hurt or prejudice the peerage of any peer of this realm, or to take away any right, power, privilege, or profit, which any person (being a peer of this realm) hath or ought to enjoy by reason of his peerage, either in time of parliament or otherwise ; or to take away creation-money or bills of impost, nor to take away or make void any pension or salary granted by his majesty to any person for valuable and suffici ent consideration, for life, lives, or years, other than such as relate to any office, or to any place of trust under his majesty, and other than pensions of bounty or voluntary pensions; nor to take away or make void any estate of inheritance granted by his majesty, or any his predecessors, to any person or persons, of, or in any lands, rents, tithes, or hereditaments, not being offices; nor to take away or make void any pension or salary already granted by his majesty to any person who was instrumental in the happy preservation of his sacred majesty after the battle at Worces ter, in the year one thousand six hundred and fifty-one, until his majesty's arrival beyond the seas; nor to take away or make void the grant of any office or offices of inheritance, or any fee, salary, or reward, for executing such office or offices. 1673.] The Ted Ad, 505 or thereto any way belonging, granted by his majesty, or any his predecessors, to, or enjoyed, or which hereafter shaU be enjoyed by any person or persons who shall refuse or neglect to take the said oaths, or either of them, or to receive the sacrament, or to subscribe the declaration mentioned in this act, in manner therein expressed : nevertheless, so as such person or persons haring or enjoying any such office or offices of inheritance, do or shall substitute and appoint his or their sufficient deputy or deputies (which such officer or officers respectively are hereby impowered, from time to time, to make or change, any former law or usage to the contrary notwithstanding) to exercise the said office or offices, until such time as the person or persons haring such office or offices shaU voluntarily, in the Court of Chancety, before the Lord Chancellor, or Lord Keeper for the time being, or in the Court of King's Bench, take the said oaths, and receive the sacrament according to law, and subscribe the said declaration, and so as all and every the deputy or deputies so as aforesaid to be appointed, take the said oaths, receive tbe sacrament, and subscribe the said declaration from time to time, as they shall happen to be so appointed, in manner as by this act such officers whose deputies they be, are ap pointed to do, and so as such deputies be, from time to time, approved of by the king's majesty, under his privy signet : but that all and every the peers of this realm shall have, hold, and enjoy what is provided for, as aforesaid, and all and evety other person or persons before-mentioned, denoted or intended within this proriso, shall have, hold, or enjoy what is provided for, as aforesaid, notwithstanding any incapacity or disability mentioned in this act. XII, Prorided also, that the said peers and every of them may take the said oaths, and make the said subscription, and deUver the said certificates before the peers sitting in parlia ment, if the parliament be sitting within the time limited for doing thereof, and in the intervals of parliament, in the High Court of Chancety, in which respective courts all the said proceedings are to be recorded in- manner aforesaid. 506 The Ted Ad, [1673, XIII, Prorided always, that no married woman, or person under the age of eighteen years, or being beyond or upon the seas, or found, by the lawful oaths of twelve men, to be mow compos mentis, and so being and remaining at the end of Trinity term in the year of our Lord one thousand six hun dred and seventy-three, haring any office, shaU by rirtue of this act, lose or forfeit any such his or her office (other than such married woman during the life of her husband only) for any neglect or refusal of taking the oaths, and doing the other things required by this act to be done by persons haring offices, so as such respective persons, within four months after the death of her husband, coming to the age of eighteen years, returning into this kingdom, and becoming of sound mind, shall respectively take the said oaths, and perform all other things in manner as by this act is appointed for persons to db, who shaU happen to have any office or offices to them given or faUen after the end of the said Trinity term, XIV. Prorided also, thatj any person, who by his or her neglect br refusal, according to this act, shaU lose or forfeit any office, may be capable, by a new grant, of the said office, or of any other, and to have and hold the same again, such person taking the said oaths, and doing all other things required by this act, so as such office be not granted to, and actually enjoyed by some other person at the time of the re-granting thereof. XV. Prorided also, that nothing in this act contained shall extend to make any forfeiture, disability, or incapacity in, by, or upon any non-commissioned officer or officers in his majesty's navy, if such officer or officers shall only sub scribe the declaration therein required, in manner as the same is directed,XVI. Prorided also, that nothing in this act contained, shall extend to prejudice George Earl of Bristol, or Anne Countess of Bristol, his wife, in the pension or pensions granted to them by patent under the great seal of England, bearing date the fifteenth day of July, in the year of our 1688.] Tlie Toleration Act, 507 Lord one thousand six hundred sixty-and-niue, being in lieu of a just debt due to the said earl frbm his majesty, particu larly expressed in the said patent. XVIL Prbrided also, that this act, or anything therein contained, shaU not extend to the office of any high constable, petty constable, tithingman, headborough, overseer of the poor, churchwardens, surveyor of the highways, or any like inferior civU office, or to any office of forester, or keeper of any park, chase, warren, or game, or of bailiff of any manor of lands, or to any like private offices, or to any person or persons haring only any the before-mentioned, or any the like offices. XXXV. The Toleration Act. An Act for Exempting their Majesties Protestant Subjects, Dissenting from the Church of England, from the Penalties of certain laws. Forasmuch as some ease to scrupulous consciences in the ex ercise of religion may be an effectual means to unite their majesties' protestant subjects in interest and affection, II, Be it enacted, by the king's and queen's most excellent majesties, by and with the adrice and consent of the lords spiritual and temporal, and the commons, in this present par hament assembled, and by the authority of the same, that neither the statute made in the three-and-twentieth year of the reign of the late queen Elizabeth, entitled, an Act to retain the queen's majesty's subjects in their due obedience; nor the statute made in the twenty-ninth year of the said 508 The Toleration Ad, [1688, queen, entitled, an Act for the more speedy and due execu tion of certain branches of the statute made in the three-and- twentieth year of the queen's majesty's reign, viz., the afore said act ; nor that branch or clause of a statute made in the first year of the reign of the said queen, entitled, an Act for the Uniformity of Common Prayer and Serrice in the Church, and Administration of the Sacraments ; whereby all persons, haring no lawful or reasonable excuse to be absent, are re quired to resort to their parish church or chapel, or some usual place where the common prayer shall be used, upon pain of punishment by the censures of the church, and also upon pain that every person so offending shall forfeit for every such offence twelve pence ; nor the statute made in the third year of the reign of the late king James the first, entitled, an Act for the better Discovering and Repressing Popish Recusants ; nor that other statute made in the same year, entitled, an Act to prevent and avoid Dangers which may grow by Popish Recusants ; nor any other law or statute of this realm, made against papists or popish recusants, except the statute made in the five-and-twentieth year of king Charles II, entitled, an Act for preventing Dangers which may happen from Popish Recusants; and except also the statute made in the thirteenth year of the said king Charles II, entitled, an Act for the more effectual preserving the King's Person and Government by disabling Papists from sitting in either House of Parliament ; shall be construed to extend to any person or persons dissenting from the church of England, that shaU take the oaths mentioned in a statute made this present par liament, entitled, an Act for removing and preventing all Questions and Disputes concerning the assembling and sitting of this present parliament ; and shall make and subscribe the declaration mentioned in a statute made in the thirtieth year of the reign of king Charles II, entitled, an Act to prevent Papists from sitting in either House of Parliament: which oaths and declaration the justices of peace at the general sessions of the peace to be held for the county or place where such person shall live, are hereby required to tender and 1688.] The Toleration Ad. 509 administer to such persons as shaU offer themselves to take make, and subscribe the same, and thereof to keep a register: and likewise none of the persons aforesaid shall give or pay, as any fee or reward, to any officer or officers belonging to the court aforesaid, above the sum of sixpence, nor that more than once for his or their entry of his taking the said oaths, and making and subscribing the said declara tion; nor above the further sum of sixpence for any certifi cate of the same to be made out and signed by the officer or officers of the said court. III. And be it further enacted by the authority aforesaid, that aU and every person and persons already convicted or prosecuted in order to conviction of recusancy, by judgment, information, action of debt, or otherwise, grounded upon the aforesaid statutes, or any of them, that shall take the said oaths mentioned in the said statute made this present parlia ment, and make and subscribe the declaration aforesaid, in the Court of Exchequer, or assizes, or general or quarter sessions to be held for the county where such person lives, and to be thence respectively certified into the Exchequer, shall be thenceforth exempted and discharged from all the penalties, seizures, forfeitures, judgments, and executions, incurred by force of any the aforesaid statutes, without any composition, fee, or further charge whatsoever. IV. And be it farther enacted by the authority aforesaid, that all and every person and persons that shall, as aforesaid, take the said oaths, and make and subscribe the declaration aforesaid, shall not be liable to any pains, penalties, or forfei tures, mentioned in an act made in the five and thirtieth year of the reign of the late queen Elizabeth, entitled, an Act to retain the Queen's Majesty's Subjects in their due Obedience; nor in an act made in the two and twentieth year of the reign of the late king Charles II, entitled, an Act to prevent and suppress Seditious Conventicles ; nor shall any of the said persons be prosecuted in any ecclesiastical court, for or by reason of their non-confonning to the church of England. V. Prorided always, and be it enacted by the authority 510 The Toleration Ad. .[1688. aforesaid, that if any assembly of persons dissenting from the church of England shall be had in any place for religious worship with the doors locked, barred, or bolted during any time of such meeting together, all and every person or per sons, that shaU come to and be at such meeting, shaU not receive any benefit from this law, but be liable to aU the pains and penalties of aU the aforesaid laws recited in this act, for such their meeting, notwithstanding his taking the oaths, and his making and subscribing the declaration afore said. VI. Prorided always, that nothing herein contained shaU be construed to exempt any of the persons aforesaid from paying of tithes or other parochial duties, or any other duties to the church or minister, nor from any prosecution in any ecclesiastical court, or elsewhere, for the same. VII. And be it further enacted by the authority aforesaid, that if any person dissenting from the church of England, as aforesaid, shall hereafter be chosen or otherwise appointed to bear the bffice bf high constable, or petit constable, church warden, overseer of the poor, or any other parochial or ward office, and such person shaU scruple to take upon him any of the said offices in regard of the oaths, or any other matter or thing required by the law to be taken or done in respect of such office, every such person shall and may execute such office or employment by a sufficient deputy, by him to be pro rided, that shall comply with the laws on this behalf. Pro- ¦rided always, the said deputy be allowed and approved by such person or persons, in such manner as such officer or officers respectively should by law have been aUowed and approved. VIII. And be it further enacted by the authority aforesaid, that no person dissenting from the church of England in holy orders, or pretended holy orders, or pretending to holy orders, nor any preacher or teacher of any congregation of dissenting protestants, that shaU make and subscribe the declaration aforesaid, and take the said oaths at the general or quarter sessions of the peace to be held for the county. 1688.] The Toleration Aid. 511 town, parts, or dirision where such prrson lives, which court is hereby empowered to administer the same, and shall also declare his apprbbatibu of and subscribe the articles of reli gion mentioned in the statute made in the thirteenth year of the reign of the late queen Elizabeth, except the thirty- fourth, thirty-fifth, and thirty-sixth, and these words of the twentieth article, viz., "the Church hath power to decree Rites or Ceremonies, and authority in Controversies of Faith, and yet" shall be liable to any of the pains or penalties men tioned in an act made in the seventeenth year of the reign of king Charles II, entitled, an Act for restraining Non-confor mists' from inhabiting in Corporations; nor the penalties mentioned in the aforesaid act made in the two-and-twentieth year of his said late majesty's reign, for or by reason of such persons preaching at any meeting for the exercise of religion; nor to the penalty of one hundred pounds mentioned in an act made in the thirteenth and fourteenth of king Charles, II, entitled, an Act for the Uniformity of Public Prayers, and Administration of Sacraments, and other Rites and Ceremonies: and for establishing the Form of Making, Ordaining, and Consecrating of Bishops, Priests, and Deacons in the Church of England, for officiating in any congregation for the exercise of religion permitted and allowed by this act. IX. Prorided always, that the making and subscribing the said declaration, and the taking the said oaths, and making the declaration of approbation and subscription to the said articles, in manner as aforesaid, by every respective person or persons herein before mentioned, at such general or quarter sessions of the peace, as aforesaid, shall be then and there entred of record in the said court, for which sixpence shaU be paid to the clerk of the peace, and no more : prorided that such person shall not at any time preach in any place, but with the doors not locked, barred, or bolted, as aforesaid, X. And whereas some dissenting protestants scruple the baptising of infants, be it enacted by the authority aforesaid, that evety person in pretended holy orders, or pretending to holy orders, or preacher, or teacher, that shall subscribe the 513 The Toleration Act. [1688, aforesaid articles of religion, except before excepted, and also except part of the seven-and-twentieth article touching infant baptism, and shaU take the said oaths, and make and sub scribe the declaration aforesaid, in manner aforesaid, every such person shall enjoy all the privileges, benefits, and advan tages, which any other dissenting minister, as aforesaid, might have or enjoy by virtue of this act. XI. And be it further enacted by the authority aforesaid, that every teacher or preacher in holy orders, or pretended holy orders, that is a minister, preacher, or teacher of a con gregation, that shall take the oaths herein required, and make and subscribe the declaration aforesaid, and also subscribe such of the aforesaid articles of the church of England, as are required by this act in manner aforesaid, shall be thence forth exempted from serving upon any jury, or from being chosen or appointed to bear the office of churchwarden, over seer of the poor, or any other parochial or ward office, or other office in any hundred of any shire, city, town, parish, division, or wapentake. XII. And be it farther enacted by the authority aforesaid, that every justice of the peace may at any time hereafter require any person, that goes to any meeting for exercise of religion, to make and subscribe the declaration aforesaid, and also to take the said oaths or declaration of fidelity herein after mentioned, in case such person scruples the taking of an oath, and upon refusal thereof, such justice of the peace is hereby required to commit such person to prison without bail or mainprize, and to certify the name of such person to the next general or quarter sessions of the peace to be held for that county, city, town, part, or division where such person then resides, and if such person so committed shall upon a second tender at the general or quarter sessions refase to make and subscribe the declaration aforesaid, such person refusing shall be then and there recorded, and he shall be taken thence forth to all intents and purposes for a popish recusant con vict, and suffer accordingly, Snd incur aU the penalties and forfeitures of all the aforesaid laws. 1688.] The Toleration Act. 513 XIII. And whereas there are certain other persons, dissen ters from the church of England, who scruple the taking of any oath, be it ena,cted by the authority aforesaid, that every such person shall make and subscribe the aforesaid declara tion, and also this declaration of fidelity following, viz. : — I, A.B.,do sincerely promise and solemnly declare before God and the world, that I will be true and faithful to king WUliam and queen Mary ; and I do solemnly profess and declare, that I do from my heart abhor, detest, and renounce, as impious and heretical, that damnable doctrine and position, that princes excommunicated or deprived by the pope, or any authority of the see of Rome, may be deposed or murdered by their sub jects, or any other whatsoever. And I do declare, that no foreign prince, person, prelate, state, or potentate hath, or ought to have, any power, jurisdiction, superiority, pre-eminence, or authority ecclesiastical or spiritual within this realm. And shaU subscribe a profession of their Christian belief in these words — I, A, B., profess faith in God the Father, and in Jesus Christ, his Eternal Son, the true God, and iu the Holy Spirit, one God, blessed for evermore ; and do acknowledge the Holy Scriptures of the Old and New Testament to be given by dirine inspiration. Which declarations and s'Sbscription shall be made and entered of record at the general quarter sessions of the peace for the county, city, or place where every such person shaU then reside. And evety such person that shaU make and subscribe the two declarations and profession aforesaid, being thereunto required, shaU be exempted from all the pains and penalties of aU and evety the aforementibued statutes made against pbpish recusants, br prbtestant nencon- formists, and also from the penalties of an act made in the fifth year of the reign of the late queen Elizabeth, entitied, an Act for the Assurance of the Queen's Royal Power over all Estates and Subjects within her Dominions, for or by reason of such persons not taking or refusing to take the oath mentioned m the said act; and also from the penaUiea 514 The Toleration Ad. [1688. of an act made in the thirteenth and fourteenth years of the reign of king Charles the Second, entitled, an Act for pre venting Mischiefs thay may arise by certain persons called Quakers refusing to take lawful oaths ; and enjoy aU other the benefits, privUeges, and advantages, under the like Umita tions, prorisos, and conditions, which any other dissenters should or ought to enjoy by rirtue of this act. XIV. Provided always, and be it enacted, by the authority aforesaid, that in case any person shall refuse to take the said oaths, when tendered to them, which every justice of the peace is hereby empowered to do, such person shaU not be admitted to make and subscribe the two Declaratibns afore said, though required thereuntb either before any justice of the peace, or at the general or quarter sessions before or after any conviction of popish recusants, as aforesaid, unless such person can, within thirty-one days after such tender of the Declarations to him, produce two. sufficient protestant witnesses, to testify upon oath that they believe him to be a protestant dissenter ; or a certificate under the hands of four protestants, who are conformable to the church of England, or have taken the oaths and subscribed the Declaration above mentioned, and shall also produce a certificate, under the hands and seals of six, or more, sufficient men of the congregation to which he belbngs, bwning him for one of them. XV. Provided also, and be it enacted, by the authority aforesaid, that until such certificate, under the hands of six of his congregation, as aforesaid, be produced, and two protestant witnesses come to attest his being a prbtestant dissenter, br a certificate under the hands of four protestants, as aforesaid, be produced, the justice of the peace shall, and hereby is required to take a recognizance with two sureties in the penal sum of fifty pounds, to be leried of his goods and chattels, lands and tenements, to the use of the king's and queen's majesties, their heirs and successors, for his produc ing the same ; and if he cannot give such security, to commit him to prison, there to remain until he has 1688.] the Toleration Act, 515 produced such certificates, or two witnesses, as afore- XVI. Provided always, and it is the true intent and meaning of this act, that all the laws made and pro rided for the frequenting of divine serrice on the Lord's day, commonly called Sunday, shall be still in force, and executed against aU persons that offend against the said laws, except such persons come to some congregation or assembly of reUgious worship, aUowed or permitted by this act. XVII, Provided always, and be it further enacted by the authority aforesaid, that neither this act, nor any clause, article or thing herein contained, shaU extend, or be con strued to extend, to give any ease, benefit, or advantage to any papist or popish recusaiit whatsoever, or any person that shall deny, in bis preaching or vrriting, the doctrine of the blessed trinity, as it is declared in the aforesaid articles of reUgion, XVIII, Prorided always, and be it enacted, by the authority aforesaid, that if any person or persons, at any time or times after the tenth day of June, do and shall willingly and of purpose, maUciously or contemptuously come into any cathedral or parish church, chapel, or other congre gation permitted by this act, and disquiet or disturb the same, or misuse any preacher or teacher, such person or persons, upon proof thereof before any justice of peace, by two or more sufficient ¦witnesses, shaU find two sureties, to be bound by recognizance in the penal sum bf fifty pbunds, and in default of such sureties, shall be committed to prison, there to remain tUl the next general or quarter sessions; and upon conviction of the said offence, at the said general or quarter sessions, shaU suffer the pain and penalty of twenty pounds, to the use of the king's and queen's majesties, their heirs and successors. XIX. Provided always, that no congregation or assembly for reUgious worship shall be permitted or allowed by this 516 The Toleration Act. [1688. act, until the place of such meeting shaU be certified to the bishop of the diocese, or to the archdeacon of that arch- deacouty, or to the justices of the peace at the general or quarter qessions of the peace for the county, city, or place in which such meeting shall be held, and registered in the said bishop's or archdeacon's court respectively, or recorded at the said general or quarter sessions; the register, or clerk of the peace whereof respectively, is hereby required to register the same, and to, give certificate thereof to such person as shall demand the same, for which there shall be no greater fee nor reward taken, than the sum of sixpence. ^fOB'WICH : PKINTED BT J. FLETCHER, PUBLICATIONS OP THE CENTEAL UNITED BAETHOLOIEW COMMITTEE. I, OBJECTS AND PLANS OF THE CENTRAL UNITED BARTHOLOMEW COMMITTEE, Price 3s. per 100, IL A SUMMARY OF THE PUBLIC PROCEEDINGS WHICH ISSUED IN THE ACT OF UNIFORMITY, Price 2d. each. TRACT SERIES. 1. THE FIRST PROTEST. Price 2d. % THE BOOK OP SPORTS. Price 2c?. 3. THE STAR CHAMBER AND HIGH COMMISSION. Price 2rf. 4. THE EJECTION OF THE EPISCOPALIANS. - Price 2d. 5. THE S'AVOY CONFERENCE. . Price id. 6. THE ACT OF UNIFORMITY,'* Price 2c«. 7. THE FAREWELL SUNDAY. Price 2d. 8. |HE EFFECTS OF THE EJECTMENT. Price 2d. If 9. ON^^HE PRAYER BOOK. Price 2d. 10. on" CLERICAL SUBSCRIPTION. Price 2c?. 11. ".THE ACT OP TOLERATION. Price 2A LECTUEE SEEIES. L THE STORY OP THE EJECTMENT. By the Rev. Thomas MoCeib, D.D. Price Zd. II. FIDELITY TO CONSCIENCE. By the Rev. A. MoLaeen, B.A. Price 3d. IIL NONCONFORMITY IN 1662 AND IN 1862. By the Rev. R, W. Dale, M.A. Price Zd. IV. THE DESIGN AND EFFECTS OP THE ACT OF UNI- % PORMITY. By the Ret. R. Hallbt, D.D. Price Zd. 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