The judgment of the late Lord Chief Justice Sir Matthew Hale, of the nature of true religion, the causes of its corruption, and the churches calamity by mens additions and violences with the desired cure : in three discourses
Hale, Matthew, Sir, 1609-1676., Bacon, Francis, 1561-1626., Barrow, Isaac, 1630-1677., Baxter, Richard, 1615-1691.
Page  49

Sir. Francis Bacon Lord Verulam, Viscount St. Albans and Lord Chan∣cellor after, in his Advertisement of the Controversies, of the Church of Eng∣land, pag. 138. of his Works.

THe wrongs of them who are possessed of the Government of the Church, towards the other, may hardly be dissembled, or excu∣sed: They have charged them as tho' they denyed tribute to Coesar, and withdrew from the Civil Magistrate, the obedience which they have ever performed and taught.

I have oft transcribed Bishop Andrews Confident Asser∣tion of the Loyalty of those then called Puritans, a∣gainst the Papists accusation, in his Tortura Torti.

They have sorted and coupled them with the Family of Love, whose Heresie they have labour'd to destroy and confute. They have been swift of Credit to receive accusations against them, from those that have quar∣relled with them, but for speaking against sin and Vice. Their Accusations and Inquisitions have been strict, Swearing men to Blanks and Generalities, not included within compass of Matter certain; Which the Party which is to take the Oath, may Comprehend to be a thing captious and streinable. Their urging Subscrip∣tion to their own Articles, is but Lacessere & irritare morbos Ecclesiae; Which otherwise would spend them∣selves: Non Consensum quoerit sed dissidium, qui quod factis proestatur, in verbis exigit. He seeketh not Unity but Page  50 Division, who exacteth that in words, which we are content to yield in Action.

And it is true, that there are some, who (I am per∣swaded) will not easily offend by inconformity, who notwithstanding make some Conscience to subscribe: For they know this Note of Inconstancy and Defection from what they have long held, shall dissable them to do that good, which otherwise they might do. For such is the weakness of many, that their Ministry should be thereby discredited *. As for their easie silencing them in so great scarcity of Preachers, it is to Punish the People, and not Them. Ought they not (I mean the Bishops) to keep one eye open, to look upon the good that the men do, but to fix them both upon the hurt that they suppose cometh by them? Indeed such as are Intem∣perate and Incorrigible, God forbid they should be per∣mitted to preach: But shall every inconsiderate word, somtimes captiously watched, and for the most part hard∣ly enforced, be as a forfeiture of their Voice and Gift in preaching?

As for sundry particular molestations, I take no plea∣sure to recite them. If a Minister shall be troubled for saying in Baptisme (Do you believe) for (Dost thou believe) If another shall be call'd in question, for praying for her Majesty, without the additions of her Stile. Where∣as the very Form of Prayer in the Common-prayer∣book hath (Thy servant Elizabeth) and no more: If a third shall be accused on these words uttered touch∣ing the Controversies, Tollatur Lex ut fiat certamen, (whereby was meant that the prejudice of the Law re∣moved, eithers reasons should be equally compared) of calling the people to Sedition and Mutiny, as if he had said, Away with the Law, and try it out with Force; If these and other like particulars be true, which I have Page  51 but by Rumor, and cannot affirm; it is to be lamen∣ted that they should labour among us with so little Comfort—The wrath of man worketh not the Righte∣ousness of God.

Thus far this conformable Learned Lawyer.

The said Lord Verulam in his Considerations for the better Pacification and Edification of the Church of England, Pag. 180. &c. of his Works.

He first answers the Objection that [It is against good Policie to Innovate any thing in Church-matters: And praising the Church, addeth, pag. 182. But for the Disci∣pline and Orders of the Church; as many, and the Chief of them, are Holy and Good; so yet if Saint John were to indite an Epistle to the Church of England, as he did to them of Asia, it would sure have the Clause, Habeo adver∣sus te pauca.

And he saith, pag. 183. That there should be one Form of Discipline in all Churches, and that imposed by necessity of a commandment and prescript out of the word of God; It is a matter Volumes have been compiled of, and there∣fore cannot receive a brief redargution; I for my part do confess that in revolving the Scriptures, I could ne∣ver find any such thing; but that God had left the like liberty to the Church Government, to be varied accor∣ding to the Time, and Place, and Accidents; which ne∣vertheless his high and Divine Providence doth Order and dispose. For all Civil Governments are restrained from God, unto the General Grounds of Justice and Man∣ners. But the Policies and Forms of them are left free; So that Monarchies and Kingdoms, Senates and Seigni∣ories, Popular States and Communalties, are lawful; and Page  52 where they are planted ought to be maintained invi∣olate.

So likewise in Church matters, the Substance of Doctrine is immutable: And so are the General Rules of Government: But for Rites and Ceremonies, and for the particular Hierar∣chies, Policies, and Discipline of Churches, they be left at large.

And therefore it is good that we return to the ancient bounds of Unity in the Church of God: which was, One Faith, One Baptism; and not One Hierarchy, One Discipline: And that we observe the League of Christians as it is penned by our Saviour; which is, in substance of Doctrine this, [He that is not withus is against us.] But in things Indiffe∣rent and of Circumstance, this [He that is not against us is with us.]

In these things, so as the General rule be observed, [That Christs flock be fed: That there be a succession in Bi∣shops and Ministers, which are the Prophets of the New Testa∣ment; That there be a due and reverent use of the Power of the Keyes; That those that preach the Gospel, live of the Gos∣pel; That all things tend to Edification; That all things be done in order, and with decency, and the like,] The rest is left to Holy Wisdom, and spiritual discretion of the Master-Builder, and Inferior Builders in Christs Church. As it is excellently alluded by that Father that noted that Christs Garment was without Seam; and yet the Churches Gar∣ment was of divers Colours: And setsdown as a rule: In veste varietas sit; scissura non sit.

Pag. 134. For the Government of Bishops, I for my part, not prejudging the Presidents of other reformed Churches, do hold it warranted by the Word of God, and by the Practice of the ancient Church in the better times; and much more Convenient for Kingdoms than Parity of Ministers, and Government by Synods. But there Page  53 be two Circumstances in the Administration of Bishops, wherein I confess I could never be satisfyed: The One, The sole exercise of their Authority: The other, The Depu∣tation of their Authority.

For the first, The Bishop giveth Orders-alone, Excom∣municateth alone, Judgeth alone: This seemeth to be a thing almost without Example in good Government, and therefore not unlikely to have crept in in the degenerate and corrupt time: We see the greatest Kings and Monarchs have their Councils: There is no Temporal Court in Eng∣land of the higher sort, where the Authority doth rest in one person. The Kings-Bench, the Common-pleas, and the Exchequer, are Benches of a certain Number of Judges. The Chancellor of England, hath the Assistance of twelve Masters of the Chancery. &c. The like is to be found in all well-govern'd Commonwealths abroad, where the Ju∣risdiction is more dispersed: As in the Court of Parlia∣ment of France, and in other places.

No man will deny, but the Acts that passe the Bishops Jurisdiction, are of as great importance as those that pass the Civil Courts: For mens Souls are more precious than their Bodies or Goods: And so are their Good-names: Bishops have their infirmities; and have no exception from that general Malediction, pronounced against all Men living: Voe Soli, nam si occident, &c. Nay we see that the first Warrant in Spiritual Causes is directed to a Num∣ber, Dic Ecclesioe, which is not so in Temporal Matters, Ab initio non fuit sic.

For the second Point, which is the Deputation of their Authority, I see no perfect nor sure ground for that neither. Being somewhat different from the Examples and Rules of Government. The Bishop exerciseth his Jurisdiction by his Chancellour and Commissary, Official, &c. We see in all Laws in the world, Offices of Confidence and Skill can∣not, Page  54 be put over and exercised by Deputy, except it be specially contained in the Original Grant. And in that Case it is dutiful. And for experience, there was never any Chancellour of England made a Deputy: There was ne∣ver any Judge in any Court made a Deputy: The Bishop is a Judge, and of a high nature: whence cometh it that he should depute? Considering that all Trust and Confi∣dence is personal and inherent; and cannot, nor ought not be transposed. Surely in this again Ab initio non fuit fic. But it is probable, that Bishops when they gave themselves too much to the glory of the world, and became Grandees in Kingdoms, and great Counsellours to Princes, then did they delegate their proper Jurisdictions, as things of too inferior Nature for their Greatness; And then after the similitude of Kings and Count Palatines, they would have their Chancellours and Judges.

But the Example of Kings and Potentates giveth no good defence: For the Reason why Kings administer by their Judges, tho' themselves are supream Judges, are two: The One, because the Offices of Kings are for the most part of Inheritance. And it is a Rule in all Laws, that offices of inheritance, are rather matters that ground in Interest than in Confidence, for as much as they may fall upon Women, upon Infants, upon Lunaticks and Idiots, Persons uncapable to execute Judicature in person. And therefore such Offices, by all Laws, might ever be exercised and administred by delegation. The second reason is, because of the Amplitude of their Jurisdictions, &c. There is a third reason, tho' not much to the present purpose, that Kings, either in respect of the Common-wealth, or of the Greatness of their own Patrimonies, are usually Parties in Suites: And then their Judges stand indifferent between them and their Subjects. But in the Case of Bishops none of these Reasons hold: For first, their Office Page  55 elective and for life, and not patrimonial or heredi∣tary: An Office meerly of Confidence, Science, and Qua∣lification, &c. See the rest.

Page. 185, 186. The Cap and Surplice since they be things in their Nature indifferent, and yet by some held Superstitious, and that the Question is between Science and Conscience, it seemeth to fall within the compass of the Apostles Rule, which is, that the stronger do descend and yield to the weaker, &c. [lege coetera] The rather because the silencing of Ministers on this occasion, is in this scarcity of good Preachers, a punishment that lighteth on the people, as well as on the party.

And for the Subscription, it seemeth to me in the Nature of a Confession, and therefore more proper to bind in the Unity of Faith, and to be urged rather for Articles of Do∣ctrine, than for Rites and Ceremonies, and Points of outward Government. For howsoever publick Considerations and Rea∣sons of State may require Uniformity, yet Christian and Divine Grounds look chiefly upon Unity.

See what he saith pag. 191. for A. Bishop Grindals way of Lectures to young Ministers, to teach them to preach well. And p. 192 of the abuse of Excommunication.

An Animadversion of the Transcriber.

Qu. Why was this great man so much against Bishops depu∣ting their proper work to Chancellours, Commissaries, Offici∣als? &c.

Ans. It's easie to conjecture,

I. Tho' he thought the accidental Modes of Church-Go∣vernment mutable and humane, yet most Christians with him judge, that the Essentials of Church Office are of Di∣vine Institution, and therefore fixed on the proper Officers: And that no Lay-man may by Deputation administer Sa∣craments, or the Church Keyes.

Page  56 II. And so he would not have Lay-men and the Clergie confounded, as if there were nothing proper to the Pastoral Office, lest it teach the Laity Sacrilegious Usurpation. The Office is nothing but a conjunction of Obligation and Authority to do the works: And if a Lay-man have these two, he is a Bishop.

III. The very confounding of the Bishops Office and the Presbyters, seemeth so ill to many, that they think even a Presbyter (Archdeacon or Chancellor) may not be depu∣ted to the work of the Bishop, because that maketh him a Bishop, much less may a Lay-man.

IV. Many would not have the King or Civil Magistrate made properly a Bishop, and so the Offices Confounded: But say they, If commissioning another to Judge by the Keyes, or to administer Sacraments, be proper to a Bishop, then Kings and Magistrates are Bishops; for they may send and Commission other men to do all this.

V. The Bishops personal doing of all his own proper Office∣works, would answer almost all that the moderate Nonconformists desire in Church Government: For then,

1. The Keyes we hope would be used in a Sacred serious manner, with due Admonition, Instruction, Exhortati∣on, Prayer, &c. which might melt a Sinner into Repen∣tance.

2. And then Experience would fully satisfie the Dioce∣sans that they must needs have Bishops under them, or be∣sides them, at least in every great Town, with the adjoin∣ing Parishes: For by that time they had duely Confirmed all before Communicating, and had examined, exhorted, and judged the many hundred Scandalous Persons that in a Di∣ocess would be presented, I'le warrant you they would be glad of the help of many: And though perhaps Church-Wardens would not present all that come not to Church, in the Parishes where many Score thousands keep away Page  57 for want of room, or on that pretence; yet good Mini∣sters would present more than now they do, when they saw it would tend to a sacred use of the Keyes, and mens repentance. Bucer's desire of Parish Discipline, would be sure more performed, which would end most Church Controversies.

VI. And this would bring in many Nonconformists, who now stand out, because they dare not make a Cove∣nant, an Oath, never in their places to endeavour any al∣teration of Church Government, because they think Lay Chancellours use of the Keyes decretively unlawful. And dare not swear Obedience to such Ordinances; nor yet own the Omission of Discipline which the paucity of Bishops unavoidably inferreth, while a Diocess hath but one. (Experience would certainly cure that).

VII. And it moveth some, that we yet meet with few Bishops that will defend lay Chancellours decretive use of the Keyes; but seem to wish it were refor∣med.

VIII. And the Chancellours and Civilians have little reason to be offended with my Lord Verulam, and such men: For he would allow them the probate of Wills, and Matrimonial Cases, and all that belongeth to an Official Magistrate, that hath his Office from the King. And no doubt would consent that they have a mode∣rate Power by mulcts to constrain men to submit to their Courts, instead of the use of Excommunications and Absolutions,

They say this is otherwise in Scotland now. And yet they are sworn not to endeavour any alteration of Church Government.

And I hope none will be angry with this Learned great man, for the blame which he layeth on the Bi∣shops usage of the Non-Conformists; even before the Page  58 present Canons were made. Since, 1. His Letters shew him to have been a man extraordinarily humbling him∣self both to the Queen and to the Bishops. 2. And the most approved Historians tell us, to our great grief, that such things have been no wonders and rarities, these thirteen hundred years. It is holy and credible men that tell us, how St. Martin, notwithstanding all his Miracles and holiness, was used by the Synods of Bishops in his time, for being so strict of life, and so much a∣gainst the using of the Sword against the Priscilian Gno∣stick Hereticks.

And it is as holy and credible men that tell us how St. Theophilus Alexander, a Patriarch, envyed and used his Superior Patriarch, holy Chrysostome, and even long stu∣died his ruine: And how another called St. Epiphanius, seditiously came out of Cyprus, and affronted him at Con∣stantinople, in his own Church, requiring him irregu∣larly before all the People, to Curse Origen or his Wri∣tings; as if the Bishop of the Isle of Man should come and magisterially impose this on the Bishop of London or Canterbury, in the Congregation where he preach'd. They tell us how readily the Synods of Bishops Con∣demned Chrysostome, because the Emperour and Empress were against him: And if so excellent and holy a man, whose language and life excelled them all, could not escape condemnation twice over, and that in the Age of the Church which is predicated for the very best and happiest that ever was since the days of Christ; If the Primacy among all the four Eastern Patriarchs, and his own rare Parts, and holiness and innocency, could not se∣cure him from ejection and banishment from a famous Christian Emperour, and the Convocations of Bishops that envyed his holiness and parts; If when he was banished, his stable constant flock, that would not re∣nounce Page  59 him, were made Conventiclers, and named Joannits, as a note of Schifmatical Separatists, while those that turned to the next possessour were called the Church. If another Saint of greatest Learning, Name and Power, resisted the very restoring of his name when he was dead, saying the Canons were not to be broken to satisfie the Schismatical Joannits, whom nothing will satisfie, and that it would discourage the Conformists; I mean St. Cyril of Alexandria; why should it be thought that men far inferiour to Chrysostome, that live not in so pure an Age, should by the Clergie stream and power, be much like esteemed, and partly used.

And if in those Ages of the Churches greatest excel∣lency (the 4th. and 5th. Centuries) the great Patriarchs themselves of Alexandria, Antioch, Constantinople, &c. who are supposed by some to be the Pillars of the Church for Government and Unity, did live almost in continual Conflict, Cursing, or casting out each other as Here∣ticks, or Schismaticks, and oft fighting it out in Christian blood, (to say nothing of the following worser Ages) what wonder, if still the old Causes succeeding produce many of the old Effects: Which a man that was thought wise enough to be the Lord Chancellour of England, and the famous restorer of Learning, might be allowed gently to touch, while the Clergy themselves open∣ly and greatly prefer those Ages, and the Theophilus's, Epiphanius's, and Cyrils, and Episcopal Synods thereof, be∣fore our own, and before themselves.

Let us hear what one more excellent person, and no Fanatick or Schismatick saith.

Dr. Isaack Barrow (a man, if ever this Age had any, that delivered digested TRUTH in clear Expressions) vol. 2. p. 34.

Whoever indeed will consider the Nature of man, Page  60 or will consult obvious experience, shall find that in practical matters, our will or appetite hath a mighty in∣fluence on our Judgment of things, causing men with great attention to regard that which they affect, and carefully to mark all reasons making for it; but a∣verting from that which they dislike, and making them to overlook the arguments which perswade it: whence men generally do suit their opinions to their inclina∣tions; warping to that side where their INTEREST doth lye; or to which their Complexions, their Humor, their Passions, their Pleasure, their ease doth sway them; So that almost any Notion will seem true, which is Profitable, which is Safe, which is Pleasant, or any way grateful to them; and that Notion false, which in any such respect doth cross them. Very few can abstract their minds from such considerations, or embrace Pure Truth divested of them. And those few who do so, must therein most employ their Will, by strong effects of Voluntary resolution, and patience, and disengaging their minds from those clogs and byasses.

This is particularly notorious in mens adhering to Parties, divided in opinion, which is so regulated by that sort of causes, that if you do mark what any mans Temper is, and where his INTEREST lyeth, you may easily prognosticate on what side he will be; and with what degree of Seriousness, of Vigour, of Zeal, he will cleave thereto. A timerous man you may be almost sure will be on the safer side: A Covetous man will bend to that Party where Gain is to be had. An Ambitious man will close with the opinion passing in Court. A careless man will comply with the fashion: Affection ari∣sing from Education or Prejudice will hold others stiff. Few follow the results of Impartial Contemplation.

And pag. 483.

There is one Lawgiver who can save Page  61 and destroy: Who art thou that Judgest another? That is, How intollerably Rash, Unjust and arrogant art thou, who settest thy self on Gods Tribunal, and thence dost ad∣venture to pronounce Doom upon his People? Did we well consider Gods Judgment, we should rather think it adviseable to be mindful of our own Case, than to pass Sentence on that of others: Observing how lyable our selves are, we should scarce have a Heart to Carp at o∣thers; finding what great need our actions will then have of a Favourable Interpretation, we should sure be more candid and mild in Censuring other mens Actions: Special∣ly considering, that by harsh Judgment of others, we make our own Case worse, and inflame our reckoning: We directly thence incur Guilt, we aggravate our own Offences, and render our selves unexcusable; we expose our selves on that score to Condemnation. See Mat. 7. 2. Luk. 6. 37. Rom. 2. 2, 3. Jam. 5. 9.

His two Sermons on Ro. 12. 18. well practised, would heal England's Divisions.

Such also is his Sermon of Love to our Neighbour, that against Slander, and that against Detraction: But that which I cite him for, is the very same description of Reli∣gion which Judge Hale giveth. Serm. 1. p. 10.

The Principal advantage of Wisdom, is its acquain∣ting us with the Nature and Reason of true Religion, and affording Convictive Arguments to perswade the Practice of it: Which is accompanied with the purest de∣light, and attended with the most solid content imagina∣nable: I say, the Nature of Religion, wherein it Consists, and what it requires: The mistake of which produceth daily so many mischiefs and inconveniences in the World, and exposeth so good a Name to so much Reproach. It shew∣eth it consisteth not in fair professions and glorious pre∣tences, Page  62 but in Real Practice; not in a pertinacious ad∣herence to ANY Sect, or Party, but in a sincere Love of Goodness, and dislike of Naughtiness wherever discove∣ring it self; not in Vain Ostentations and Flourishes of outward performance, but in an inward good complexi∣on of Mind, exerting it self in Works of true Devotion and Charity, not in a Nice Orthodoxie, or Politick Subjection of our Judgments to the peremptory dictates of Men; but in a sincere Love of Truth, and hear∣ty approbation and compliance with the Doctrines Funda∣mentally Good and Necessary to be believed: Not in harsh censuring and virulently inveighing against others, but in careful amending our own ways: Not in a peevish crossness and obstinate Repugnancy to received Laws and Customs; but in a quiet and Peaceable Submission to the express Laws of God, and Lawful Commands of Men: Not in a furious Zeal FOR or AGAINST trivial Circum∣stances, but in a conscionable practising the substantial parts of Religion: Not in a frequent talking, or contenti∣ous disputing about it; but in a ready observance of the unquestionable Rules and Precepts of it. In a Word, True Religion consists in nothing else, but doing what becomes our Relation to God, in a Conformity or similitude to his Nature, and in a willing Obedience to his Holy Will, to which by potent incentives it allures and perswades us, by representing to us his transcendent glorious Attributes— &c.
See the rest, too long to be transcribed.

If you say, A Papist will own all this. I answer, 1. So much the better: We will not feign a new Christianity to differ from Papists. 2. But do they not own too much more? How then come they to fill the World with Blood and Division, for the Sake of their numerous humane Additionals?

Page  63 I know no man that hath more fully confuted that Sect than he hath done in his Treatise of Supremacy and Church Vnity: And saith the Publisher of his Life, [He understood Popery both at home and abroad. He had narrowly observed it Militant in England, triumphant in Italy, disguised in France; and had earlier apprehensions of the Approaching Danger, and would have appeared with the forwardest in a needful time.

Whoever will truly confute his Treatise of the Popes Supremacy, and that of the Vnity of the Church, against the Supremacy and Foreign Jurisdiction of Councils called General, I here promise him shall make me a Papist (of the Italian or the Galliance sort accordingly) if he will do it before I die, and am Disabled from reading and consi∣dering it. But I doubt not but the Papists will rather stu∣dy to bury it in silence, (while they do their works by other means than Reasoning) lest the notice of a Confuta∣tion should occasion more to read it: And then, especial∣ly if all men in Power should read it, their Cause with such is utterly undone.

Saith Dr. Tillotson in his Preface to it, [I dare say that whoever shall carefully peruse this Treatise, will find that this point of the Popes Supremacy (on which Bellarmine hath the confidence to say, The whole of Christianity depends) is not on∣ly an indefensible, but an Impudent Cause, as ever was under∣taken by learned Pens: And nothing could have kept it so long from becoming ridiculous in the judgment of Mankind, but its being so strongly supported by a worldly interest: For there is not one tolerable argument for it, and there are a thousand invincible Reasons against it.

Page  64 IF these three Testimonies of the most Learned, Wise, and Impartial Conformists, that these (or many) Ages have bred, be all born down by Interest and Supercilious Confidence, and a Flood of Words (which may all be u∣sed for the worst Cause in the World) the Lord be Judge, and justifie his Truth, and that Wisdom from above, Jam. 3. 17. which is justified of her Children. When Satan hath done his worst, Blessed are the Peace-makers; for they shall be called the Children of God. Mat. 5. 9.

FINIS.