Nine cases of conscience occasionally determined by Robert Sanderson.

The CASE of the Use of the LITURGY, stated in the late times.

SIR,

WHereas you are desirous to know what my Judgment and Practice is concerning the using or forbearing of the established Liturgy, (either in whole or in part) in the public Service of God, and Offices of the Church, if that may be any satisfaction to your self or Friend: I shall fully acquaint you with my practice, is (whereunto if my Judgment be not con∣form'd I am without all escape mine own Condemner) and upon what consideration, I have according to the variation of times, varied my self therein.

So long as my Congregation continued unmixt with Souldiers, (as well after as be∣fore the promulgation of the Ordinance of the two Houses, for the abolishing of Com∣mon Prayer) I continued the use of it, as I had ever formerly done in the most peaceable and orderly times, not omitting those very

Prayers, the silencing whereof I could not but know to have been chiefly aimed in the Ordinance, viz. Those for the King, the Queen, and the Bishops. And so I did also, though some Souldiers were casually present, till such time as a Troop coming to quar∣ter in the Town (who on purpose to continue a kind of Garrison among us or Head quar∣ter) were so enraged at my reading of it the first Sunday after they came, that immedi∣ately after Morning Service, they seized on the Book and tore it all to pieces.

Thence forward, during their continu∣ance here for full six Months and upwards, (viz. from the beginning of November, till they were called away to Naseby-fight in May following,) besides that for want of a Book, of necessity I must; I saw it also be∣hoved me, for the preventing farther out∣rage, to wave the use of the Book for the time, at least in the ordinary Service; on∣ly I read the Confession, the Lords Prayer, with the Versicles and the Psalms for the day; then after the first Lesson in the Forenoon, Benedictus or Iubilate, and in the Afternoon Cantate. After the second Les∣son also in the Forenoon, sometimes the Creed, and sometimes the ten Command∣ments,

and sometimes neither, but only sang a Psalm, and so to Sermon: But all that while in the Administration of the Sacraments, the Solemnization of Matri∣mony, Burial of the Dead, and Church∣ing of Women, I constantly used the anci∣ent forms and rites to every of them re∣spectively belonging, according to the ap∣pointment in the Book. Only I was care∣ful in all the rest to make choice of such times and opportunities, as I might do them with most secresie and without disturbance of the Souldiers; But at the celebration of the Eucharist I was the more secure to do it publickly, because I was assured none of the Souldiers would be present.

After their departure I took the liberty to use the whole Liturgy, or but some part of it, omitting sometimes more, some∣times less upon occasion, as I judged it most expedient, in reference to the Auditory, especially if any Souldiers or other un∣known persons happened to be present. But all the while the substance of what I omitted I contrived into my Prayer before Sermon, the phrase and order only varied; which, yet I endeavoured to temper in such sort, as that any person of ordinary

capacity might easily perceive what my meaning was, and yet the words left as lit∣tle liable to exception or cavil as might be.

About nigh two years ago, I was adver∣tised (but in a very friendly manner) by a Parliament-man of note in these parts, that at a public meeting in Grantham, great complaint was made by some Ministers (of the Presbyterian-gang, as I afterwards found) of my refractoriness to obey the Parlia∣ments Order in that behalf: The Gentle∣man told me withal, that although they knew long before what my judgment and practice was, yet they were not forward to take notice of it before complaint made, which being now done in so public manner, if they should not take knowledge of it, the blame would lie upon them; he also advised me to consider well what I had to do; for I must resolve either to adven∣ture the loss of my living, or to lay aside Common-Prayer, which if I should con∣tinue, (after complaint and admonition) it would not be in his power, nor in the power of any friend I had to preserve me. The effect of my then answer was, that if the case was so, the deliberation was not

hard: I having long ago considered the Case, and resolved what I might with a good conscience do, and what were fittest for me in prudence to do, if I should ever be put to it, viz. to forbear the use of the Common Prayer-book, so far as might sa∣tisfie the Letter of the Ordinance rather than forsake my station.

My next business then was, to bethink my self of such a course to be thencefor∣ward held in the public worship in my own Parish, as might be likeliest neither to bring danger to my self by the use, nor to bring scandal to my Brethren by the disuse of the established Liturgy. And the course was this, to which I have held me ever since.

I begin the Service with a Preface of Scripture, and an exhortation inferred thence to make Confession of sins; which Exhortation I have framed out of the Ex∣hortation, and Absolution in the Book con∣tracted and put together, and expressed for the most part in the very same words and phrases, but purposely here and there transplaced, that it might appear not to be, and yet be the same.

Then followeth the Confession it self in the same Order it was inlarged, only with

the addition of some words, whereby it is rather explained than altered; the whole Form whereof both for your fuller satis∣faction in that particular, and that you may partly conjecture what manner of ad∣dition or change I have made proportiona∣bly hereunto, (yet none so large) in other parts of the holy Office, I have here under∣written.

O Almighty God and merciful Father, we thy unworthy servants do with shame and sorrow confess, that we have all our life long gone astray out of thy ways like lost Sheep, and that by fol∣lowing too much the devices and desires of our own hearts. We have grievously offended against thy holy Laws, both in thought, word, and deed. We have many times left undone those good things which we might and ought to have done; and we have many times done those evils when we might have avoided them, which we ought not to have done: we confess, O Lord, that there is no health at all in us, nor help in any Creature to relieve us; But all our hope is in thy mercy, whose justice we have by our sins so far provoked. Have mercy upon us therefore, O Lord, have mercy upon us miserable offenders: Spare us, Good Lord, which confess our faults that we perish not: But according to thy gracious promises declared unto

mankind in Christ Jesus our Lord; Restore us, upon our true Repentance, to thy grace and favour. And grant, O most merciful Father for his sake, that we may henceforth study to serve and please thee, by leading a godly, righteous, and sober life, to the glory of thy holy Name and the eternal comfort of our own souls, through Jesus Christ our Lord, Amen.

After this Confession, the Lords Prayer, with the Versicles, and Gloria Patri, and then the Psalms for the day and the first Lesson; after which in the Afternoon sometimes Te Deum (but then only when I think the Auditory will bear it) and some∣times an Hymn of my own composing, gathered out of the Psalms and the Church Collects, as a general Form of thanks-giving (which I did the rather, because some have noted the want of such a Form as the only thing wherein our Li∣turgy seemed to be defective) and in the Afternoon, after the first Lesson, the 98 or the 67 Psalm; Then the second Lesson with Benedictus or Jubilate, after it in the Forenoon, and in the Afternoon a singing Psalm; then followeth the Creed with Do∣minus Vobiscum, and sometimes the Ver∣sicles in the end of the Litany, (From

our Enemies defend us, &c.) If I like my Au∣ditory, otherwise I omit these Versicles.

After the Creed, &c. instead of the Leta∣ny and the other Prayers appointed in the Book, I have taken the substance of the Prayer I was wont to use before Sermon, and disposed it into several Collects or Prayers, some longer, and some shorter, but new modelled into the Language of the Common-Prayer-Book, much more than it was before: And in the Pulpit be∣fore Sermon, I use only a short Prayer in reference to the hearing of the Word and no more, so that upon the matter in these Prayers, I do but the same thing I did before, save that what before I spake without Book, and in a continued Form and in the Pulpit, I now read out of a written Book broken into parcels, and in the reading Desk or Pew.

Between which Prayers and the singing Psalm before the Sermon, I do also daily use one other Collect, of which sort I have for the purpose composed sundry made up as the former for the most part out of the Church Collects, with some little inlarge∣ment or variation, as namely Collects, Adventual, Quadragesimal, Paschal, and

Pentecostal for their proper seasons, and at other times Collects of a more general na∣ture, as for Pardon, Repentance, Grace, &c. And after one or more of them in the forenoon I usually repeat the ten Com∣mandments with a short Collect after for Grace to enable us to keep them.

This hath been my practice, and is like still to be, unless some happy change of affairs restore us the liberty of using the old way again; or it be made appear to my understanding by some able charitable Friend, that I have therein done otherwise than I ought to have done; for I may say truly, I have not yet met with any thing in discourse either with my own reason or with others of sufficient strength to con∣vince me, that I have herein done any thing but what may stand with the Principles as well of Christian Simplicity as Prudence.

There are but three things that I know of, that are of consideration opposed, viz.

1. The Obligation of the Laws.

2. The Scandal of the Example.

3. An unseemly symbolizing (at least) with Schismaticks, if not partaking with them in the Schism.

1. Law. Object. I.

The first and strongest Objection, which I shall therefore propose to the most advan∣tage of the Objector, is, that which is grounded upon the Laws and the obliga∣tion; for it may be objected,

That every humane Law rightly esta∣blished, so long as it continueth a Law, obligeth the Subject, (and that for Con∣science sake) to the observation thereof, in such manner and form as in the said Law is prescribed, and according to the true inten∣tion and meaning of the Law-giver therein.

That a Law is then understood to be rightly established, when it containeth no∣thing but what is honest, and lawful, and is enacted by such person or persons as have full and sufficient authority to make Laws.

That a Law so established continueth a Law and is in force, till it be either repeal∣ed by as good and full authority as that by which it was made, or else antiquated, by a long continued (uninforced) disuse, with the tacite or presumed consent of the Law-giver.

That the Act printed before the Com∣mon Prayer-Book and entituled, An Act for the Uniformity, &c. was such a Law, being it was established in a full and free

Parliament, and in peaceable times, and ratified by the Royal Assent.

That it still continueth in force, being not yet repealed, but by such persons as (at least in the Opinion of those who maintain the Dispute) for want of the Royal Assent have not a sufficient right or authority to do such an Act; nor disused but of late times, and that by inforcement, and (as is presumed) much against the mind and will of the Law-giver.

That therefore it still retaineth the power of obliging in point of Conscience; that power being so essential and intrinsecal to every Law, quatenus a Law, that it can in no wise be severed from it.

And that no Minister publicly officiating in the Church can with a good Conscience either omit any part of that which is com∣manded by the aforesaid Law, or use any other Form than what is contained in the aforesaid Book; but must either use the Form prescribed in the Book, or else to for∣bear to officiate.

The Answer to this Objection, (granting all the premises besides) dependeth upon the right understanding of that which is affir∣med concerning the obligation of Laws,

according to the intention of the Law-gi∣ver; which, if it should be understood pre∣cisely of that particular, actual, and im∣mediate intention of the Law-giver had in the making of any particular Law; and it is sufficiently declared by the words of the Law (in which sense only the Objection proceedeth) will not hold true in all Cases. But there is supposed besides that in the Law-giver a more general, habituate, and ultimate intention, of a more excellent and transcendent nature than the former, which is to have an influence into and an over∣ruling power over all Laws, viz. an intenti∣on by the Laws to procure and promote the public good: The former intention bind∣eth where it is subservient to the latter, or consistent with it, and consequently bind∣eth in ordinary cases and in orderly times, or else the Law is not an wholsom Law. But where the observation of the Law, by reason of the Conjuncture of circumstances or the iniquity of the times (contingencies which no Law-giver could either certain∣ly foresee, or if foreseen could sufficient∣ly provide against) would rather be pre∣judicial than advantageous to the public, or is manifestly attended with more in∣conveniences,

and sad consequents to the observers, as all the imaginable good that can redound to the public thereby can∣not in any reasonable measure counter∣vail. In such case the Law obligeth not, but according to the latter and more general intention only. Even as in the Operations of nature, particular Agents do move ordinarily according to the pro∣per and particular inclinations, yet upon some occasions, and to serve the ends and intentions of universal Nature (for the avoiding of some thing which nature abhorreth) they are sometimes carried with motions quite contrary to their particu∣lar natures, as the Air to descend, and the Water to ascend, for the avoiding of Vacuity, &c. The Common received Maxim, which hath been sufficiently mis∣applied and that sometimes to very evil purposes (since the beginning of these unhappy Divisions) in the true meaning of it looketh this way, Salus populi suprema lex; the equity of which Maxim, as it leaveth in the Law-giver a power of dis∣pensing the Law (which is a suspending of the obligation thereof for a time, in re∣spect of the proper and particular inten∣tion)

as he shall see it expedient in order to the public good, so it leaveth in the Subject a liberty upon just occasions, as in Cases of great Exigencies, and for the preventing of such hazards and inconveni∣encies as might prove of noisom conse∣quence to the public, to do otherwise than the Law requireth: And neither is the exercise of that power in the Law-giver to be thought an unreasonable Prerogative; nor the use of this liberty in the Sub∣ject an unreasonable presumption, inas∣much as the power of dispensing with particular Laws is such a prerogative, as without which no Common-wealth can be well governed, but Justice would be turn∣ed into Gall and Wormwood: Nor can the Supreme Governor with forfeiture of that faithfulness, which he oweth to the public Weal divest himself thereof; And he that presumeth of the Law-givers con∣sent to dispense with him for the observing of the Law in such needful Cases, where he hath not the opportunity to consult his pleasure therein, presumeth no more than he hath reason to do; for it may well be presumed, that the Law-giver who is bound in all his Laws, to intend the safety

of the public, and of every member there∣of in his due proportion, hath no intention by the observation of any particular Law to oblige any person, who is a member of the public to his destruction or ruine, when the common good is not answerably pro∣moted thereby; Upon which ground it is generally resolved by Casuists, that no consultation (meerly humane) can lay such Obligation upon the Conscience of the Subject, but that he may, according to exigency of circumstances, do otherwise than the constitution requireth: Provi∣ded it be done Extra casum scandali & con∣temptus, that is to say, without either bewraying in himself any contempt of the authority of the Law-giver by his carriage, or giving any just occasion of scandal to others by his example in so doing.

I have been somewhat the larger in ex∣plaining this point, not only for the better clearing of the said doubt, but also in re∣spect of the usefulness of this considera∣tion, for the preventing and removing of many scruples that may happen to conscientious men in such times as these, wherein so many things are (and are like

to be) commanded and forbidden, contra∣ry to the established Laws, and those (as they are persuaded) yet standing in force. The best rule that I know to guide men in their deliberations and actions in such e∣mergent Cases, is advisedly and unpartially to weigh the benefits and inconveniencies, as well on the one side as the other, and then compare them one with the other, as they stand in relation to the public good. And if after such examination and compa∣rison made, it shall then evidently (or but in the judgment of probability) appear, that the observation of the Law, accord∣ing to the proper intention of the Law∣giver therein, though with hazard of Estate, Liberty, or even Life it self with a great tendency to the public good, and in the preservation of Church or Common-weath in safety, peace, and order, then the pre∣venting of the aforesaid hazards, or other evil consequents, by doing otherwise then the Law requireth, can have, or (which cometh to one) if the violating of the Law shall then appear to be more pre∣judicial to the public good then preserva∣tion of the Subjects estates, liberty, or life, can be beneficial thereunto; in such Case

the Subject is bound to hazard all he hath, and to undergo whatsoever inconvenien∣cies or calamities can ensue thereupon, rather than violate the Law with contempt of that authority, to which he oweth sub∣jection. But if it shall after such compari∣son be made, evidently (or, but more pro∣bably then the contrary) appear, that the preservation of such a persons life, liberty, or estate, would more benefit the Church or Common-wealth, than the punctual observation of the Law at that time, and with those circumstances, would do, it were an unreasonable and pernicious scrupulosity for such a person to think him∣self in that Case obliged for the observing of the Law, perhaps but once or twice, with little or no benefit to the public, to ruine himself, thereby to render himself unuseful and unserviceable to the public for ever after.

To bring this discourse home, and to ap∣ply it to the business under dispute, suppose, ten, twenty, or an hundred godly Ministers well affected to the established Liturgy, and actually possessed of Benefices, with the charge of Souls thereto belonging, should think themselves in Conscience ob∣liged

to use the whole form of the Book, as it is by the Act appointed, with∣out any addition, omission, or alteration whatsoever, (and should notwithstanding the present conjuncture of affairs) resolve to use the same accordingly. It would be well considered, what the effects and con∣sequents thereof would be. Besides other evils, these three are visible, which must all unavoidably follow one another; if any body shall be found (as doubtless within short time there will be found one or other) to inform and prosecute against them: 1. The undoing of so many worthy persons fit to do God and the Church ser∣vice, together with all the other persons that depend upon them for livelihood, by putting the fruits of their Benefices, wherewith they should buy themselves Bread, under Sequestration. 2. The de∣priving those persons of the opportunities of discharging the duties that belong unto them in their ministerial Callings, in not per∣mitting them after Sequestration to teach or instruct the people belonging to their charge, or to exercise any thing of their function publickly in the Church. 3. The delivering over the Sheep of Christ, that

lately were under the hands of faithful Shephards, into the custody of ravening Wolves, when such Guides shall be set over their several Congregations, as will be sure to mis-teach them one way or other, viz. ei∣ther by instilling into them Puritanical and Superstitious Principles, that they may the more securely exercise their Presbyterian tyranny over their Judgments, Consciences, Persons and Estates; or else by setting up new Lights before them, to lead them into a maze of Anabaptistical confusion and frenzy.

These Consequences are so heavy to the sufferers, so certain to insue upon the use of Common Prayer, and so much without the Power of the Law-giver (in this state of affairs) either to remedy or prevent, that it is beyond the wit of man to ima∣gine, what benefit to the public can accrue by the strict observation of the Act, can in any proportion countervail these mis∣chiefs. In which case that man must needs suppose a strange austerity in the Law∣giver, that dare not presume of his con∣sent to disoblige him for the time from ob∣serving the same.

It would be also well considered, whe∣ther

he that by his over nice scrupulosity runsall these hazards be notin some measure guilty of his own undoing, of deserting his station and betraying his slock, and do not thereby lose much of his comfort which a Christian Confessor may take in his suf∣ferings, when they are laid upon him by the hand of God, not pulled upon himself by his own hands. And more I shall not need to say as to the first Objection.

Scandal. Object. II.

The next thing objected is the danger of the Scandal, that others might be ready to take at the Example, who seeing the Law so little regarded by such men, (men that have care of Souls, and perhaps also of some eminency and esteem in the Church, and whose example will be much looked upon,) will be easily encouraged by their Example to set light by all authority, and to take liberty to obey and disobey the Laws of their Sovereign at their pleasure.

But this Objection after we are satisfied well concerning the former, need not much trouble us: For,

1. It seemeth a very reasonable thing in Cases of great exigency (such as we now

suppose that the fear of scandalizing our weak Brethren (which is but debitum Cha∣ritatis only) would lay upon us a perempto∣ry necessity of serving the Law punctually, whatsoever inconveniencies or mischiefs may ensue thereupon; whereas the duty of obedience to our known Governors (which is debitum justitiae also, and there∣fore more obligatory than the other) doth not impose upon us that necessity, as hath been already shewn.

2. Besides Arguments drawn from Scan∣dal in things neither unlawful, nor (setting the reason of Scandal aside) inexpedient, as they are subject to sundry frailties other∣wise, so are they manifestly of no weight at all when they are counterpoised with the apparent danger of evil Consequents on the other side: For in such Cases there is commonly equal danger (if not rather sometimes more) of Scandal to be taken from the Example the quite contrary way. We may see it in the debating the point now in hand: It is alledged on the one side, that by laying aside the use of Com∣mon Prayer, men, who are not over scru∣pulous will be incourag'd to take a greater liberty in dispensing with the Laws (to

the despising both of Laws and Gover∣nors) than they ought. And why may it not be by the same reason alledged on the other side, that by holding up a necessity of using Common Prayer, men, who have tender Consciences, may be induced to en∣tertain scruples (to their own undoing and the destruction of their people) when they need not?

3. But then in the third place, which cometh up home to the business in hand, and taketh off the objection clearly, is this, that in judging Cases of Scandal we are not to look so much after the event, what it is, or may be, as at the cause whence it cometh; for sometimes there is given just cause of Scandal, and yet no Scandal fol∣loweth, because it is not taken; some∣times Scandal is taken, and yet no just cause given; and sometimes there is both cause of Scandal given, and Scandal thereat taken. But no man is concerned in any Scandal that happeneth to another by oc∣casion of any thing done by him, neither is chargeable with it farther, then he is guilty of having given it. If then we give Scandal to others and they take it not, the whole guilt is ours, and they are faultless;

If we give it, and they take it, we are to bear a share in the blame as well as they, and that a deeper share too (Va homini, Wo to the man by whom the offence cometh, Matth. 18. 7.) But if they take offence, when we give none, it is a thing we cannot help, and therefore the whole blame must lie upon them. Wherefore if at any time the doubt shall arise in the Case of Scandal, how far forth the danger may, or may not oblige us to the doing or not doing of any thing proposed, the Resolution will come on much the easier, if we shall but rightly understand what it is to give Scandal, or how many ways a man may become guilty of scandalizing another by his Example. The ways, as I conceive, are but these four.

1. The first is when a man doth some∣thing before another man, which is in it self evil, unlawful and sinful. In which Case neither the intention of him that doth it, nor the event as to him that seeth it done, is of any consideration, for it mat∣tereth not, whether the doer hath an in∣tention to draw the other unto sin thereby or not; neither doth it matter, whether the other were thereby induced to commit

sin or not: The very matter and substance of the Action, being evil and done before others is sufficient to render the doer guil∣ty of having given Scandal, though nei∣ther he had any intention himself so to do, nor was any other person actually scandali∣zed thereby: Because whatsoever is in it self and in its own nature evil, is also of it self and in its own nature scandalous, and of ill example. Thus did Hophni and Phineas the Sons of Eli give Scandal by their wick∣ed prophaness, and greediness about the Sacrifices of the Lord, and their vile and shameless abusing the Women, 1 Sam. 2. 17, 22. And so did David also give great Scan∣dal in the matter of Uriah, 2 Sam. 12. 14. Here the rule is, Do nothing that is evil for fear of giving Scandal.

2. The second way is, when a man doth something before another with a direct in∣tention and formal purpose of drawing him thereby to commit sin; in which Case nei∣ther the matter of the Action, nor the event is of any consideration; for it ma∣keth no difference (as to the sin of giving Scandal) whether any man be effectually enticed thereby to commit sin or not; nei∣ther doth it make any difference whether

the thing done were in it self unlawful or not, so as it had but an appearance of evil and from thence an aptitude to draw ano∣ther to the doing of that (by imitation) which should be really and intrinsecally e∣vil: The wicked intention alone, whatso∣ever the effect should be, or what means so∣ever should be used to promote it, sufficeth to induce the guilt of giving Scandal upon the Doer; this was Jeroboam's sin in set∣ting up the Calves with a formal purpose and intention thereby (for his own secular and ambitious ends) to corrupt the purity of Religion, and to draw the people to an Idolatrous worship; for which cause he is so often stigmatized with it as with a note of infamy, to stick by him whilst the world lasteth, being scarce ever mentioned in the Scripture, but with this addition, Jeroboam the Son of Nebat, which made Israel to sin. Here the rule is, Do nothing, good or evil, with an intention to give Scandal.

3. The third way is, when a man doth something before another, which in it self is not evil, but indifferent, and so accord∣ing to the rule of Christian liberty lawful for him to do or not do, as he shall see cause (yea, and perhaps otherwise commo∣dious

and convenient for him to do) yet whereat he probably foreseeth the other will take Scandal, and be occasioned there∣by to do evil. In such Case if the thing to be done be not in some degree (prudenti∣ally) necessary for him to do; but that he might without very great inconvenience or prejudice to himself, or any third person leave it undone, he is bound in Charity and Compassion to his Brother's Soul (for whom Christ died) and for the avoiding of Scandal to abridge himself in the Exer∣cise of his Christian liberty for that time, so far, as rather to suffer some inconveni∣ence himself by the not doing of it, than by the doing of it to cause his Brother to offend. The very Case which is so often, so largely, and so earnestly insisted upon by St. Paul, see Rom. 14. 13, 21. Rom. 15. 1. 3. 1 Cor. 8. 17, 13. 1 Cor. 9. 12, 15, 19, 22. 1 Cor. 10. 23, 33. Here the rule is, Do nothing that may easily be forborn, whereat Scandal will be taken.

4. The last way is, when a man doth something before another, which is not on∣ly lawful, but (according to the exigencies of present circumstances, Pro hic & nunc) very behoveful and even (prudentially) ne∣cessary

for him to do; but foreseeth, that the other will be very like to make ill use of it, and take incouragement thereby to commit sin, if he be not withal exceeding careful, as much as possibly in him lieth, to prevent that Scandal that might be taken thereat. For, qui non prohibet peccare cum potest, jubet. In such case the bare neglect of his Brother, and not using his uttermost indeavour to prevent the evil that might ensue maketh him guilty. Upon which consideration standeth the equity of that Judicial Law given to the Jews, Exod. 21▪ 33, 34. which ordereth; That in case a man dig a Pit or Well for the use of his Family, and looking no further than his own conveniency, puts no cover upon it, but leaves it open, whereby it happeneth his neighbours Beast to fall thereinto and perish, the Owner of the Pit is to make it good, inasmuch as he was the Occasioner of that loss to his Neighbour, which he might and ought to have prevented. Here the rule is, Order the doing of that which may not well be left undone, in such sort, that no Scandal (so far as you can help it) may be taken thereat.

To apply this. The thing now under de∣bate

(viz. the Action proposed to present enquiry) is the laying aside the Common-Prayer Book enjoyned by Law, and using instead thereof some other form of Church-Service of our own devising; And the en∣quiry concerning it is, Whether it may be done with a good Conscience in regard of the Scandal, that was given, or (at least) may be taken thereat. Yea, or no? Now for∣asmuch as in this enquiry we take it for granted, that the thing to be done is not in its own nature and simply evil, but ra∣ther (in this state of affairs) prudentially necessary, and that they who make scruple at it upon the point of Scandal have not the least intention of drawing either the Laws into contempt, or the Brethren into sin by their example. It is manifest that three of the now mentioned Cases, with the several rules to each of them appending, are not pertinent to the present enquiry. But since the last of the four only proveth to be our Case, we have no more to do, for the setling our Judgments, the quieting our Consciences▪ and the regulating our Practice in this affair, than to consider well, what the rule in that Case given obligeth us unto: Which is, not to leave the Action

undone for the danger of Scandal, which, besides the inconveniences formerly men∣tioned, would but start new questions, and those beget more to the multiplying of un∣necessary scruples in infinitum: But to order the doing of it so, that (if it were possible) no Scandal might at all ensue thereupon, or at least not by our default, through our careless or indiscreet managery thereof; Even as the Jew that stood in need to sink a Pit for the service of his House or Grounds, was not (for fear his Neighbours Beast should fall into it and be drowned) bound by the Law to forbear the making of it, but only to provide a sufficient Co∣ver for it when he had made it. The thing then in this Case is not to be left undone, when it so much behoveth us to do it, but the action to be carried on (for the manner of doing, and in all respects and circum∣stances threunto belonging) with so much clearness, tenderness, moderation, and wisdom (to our best understanding) that the necessity of so doing, with the true cause thereof, may appear to the world, to the satisfaction of those who are willing to take notice of it, and that such persons as would be willing to make use of our Ex∣ample

to do the same thing, where there is not the like cause of necessity, may do it upon their own score, and not be able to vouch our practice for their excuse: which how it may best be done for particular di∣rections, every Charitable and Conscien∣tious man must ask his own discretion; some general hints, tending thereunto, I shall lay down in answering the next Objection (where they will fall in again not impro∣perly) and so stop two gaps with one Bush.

Schism. Object. III.

The last Objection is that of Schism. The Objectors hold all such persons, as have opposed either against Liturgy or Church Government, as they were by Law established, within the Realm for no better than Schismaticks: and truely I shall not much gainsay it. But then they argue, that for them to do the same thing in the public worship of God, that Schismaticks do, and for the doing whereof especially it is that they justly account them Schisma∣ticks, would (as they conceive) involve them in the Schism also, as partakers there∣of in some degree with the other: And their Consciences also would from Rom. 14. 22. condemn them, either of Hypocrisie in

allowing that in themselves and in their own practice which they condemn in o∣thers, or of uncharitableness in judging others for Schismaticks for doing but the same thing which they can allow them∣selves to practise; for all that such persons, as they call Schismaticks, do in this matter of the Church Service, is but to leave out the Churches prayers, and to put in their own: Or, say this should not make them really guilty of the Schism they detest, yet would such their symbolizing with them seem (at least) a kind of an unworthy compliance with them more than could well become the simplicity of a Christian, much less of a Minister of the Gospel, whose duty it is to shun even the least appearance of evil, I Thes. 5. Besides, that by so doing they should but confirm these men in their Schis∣matical principles and practice.

This Objection hath three branches; To the first whereof I oppose the old say∣ing, Duo cùm faciunt idem non est idem: which although spoken quite to another purpose, yet is capable of such a sense as will very well fit our present purpose also. I answer therefore in short; That to do the same thing that Schismaticks do (especial∣ly

in times of confusion, and until things can be reduced into better Order, and when we are necessitated thereunto to prevent greater mischiefs) doth not necessarily in∣fer a partaking with them in Schism; no, nor so much as probably, unless it may ap∣pear upon probable presumptions other∣wise, that it is done out of the same schis∣matical spirit, and upon such schismatical principles as theirs are.

The other two branches, viz. that of seeming compliance with Schismaticks, and that of the ill use they make of it to confirm them in their Schism, do upon the matter fall in upon the aforesaid point of Scandal, and are in effect but the same ob∣jection only put into a new dress, and so have received their answer already. And the only remedy against these fears (as well that of Scandal, as this of Schism) is the same which is there prescribed, even to give assurance to all men by our carriage and behaviour therein, that we do not lay aside Common-Prayer of our own accord, or out of any dislike thereof, neither in contempt of lawful Governors, or of the Laws, nor out of any base compliance with the times, or other unworthy secular

self ends, nor out of any schismatical prin∣ciple, seditious design, or innovating hu∣mour; but meerly inforced thereunto, by such necessity as we cannot otherwise avoid, in order to the glory of God and the public good, for the preservation of our Families, our Flocks, and our Functions, and that with the good leave and allowance (as we have great reason to believe) of such as have power to dispense with us and the Laws in that behalf. This if we shall do, bona fide, and with our utmost indeavours, in singleness of heart, and with godly in∣tention, perhaps it will not be enough to prevent either the censures of inconside∣rate and inconsiderable persons, or the ill use may be made of our example through ignorance of some, Scandalum pusill rum; or through the perversness and malice of o∣ther some, Scandalum Pharisaeorum, as the Schools term them. But assuredly it will be sufficient in the sight of God, and in the witness of our own hearts, and to the Consciences of considering and Charitable men, to acquit us clearly of all guilt, ei∣ther of Scandal or Schism in the least de∣gree. Which we may probably do by ob∣serving these ensuing, and such other like,

general directions, (the liberty of using such meet accommodations, as the circum∣stances and in particular Cases shall require evermore allowed and reserved) viz.

1. If we shall decline the Company and society of known Schismaticks, not con∣versing frequently and familiarly with them, or more than the necessary Affairs of life, and the rules of Neighbourhood and common Civility will require; espe∣cially not to give countenance to the Church-assemblies, by our presence among them, if we can avoid it.

2. If we shall retain as well in our com∣mon discourse, as in our Sermons, and the holy Offices of the Church, the old Theo∣logical and Ecclesiastical terms and forms of Speech, which have been generally recei∣ved, and used in the Churches of Christ, which our people are well acquainted with, and are wholsom and significant: And not follow our new Masters in that uncouth affected garb of Speech or canting Lan∣guage rather (if I may so call it) which they have of late time taken up, as the sig∣nal, distinctive, and characteristical note of that which in their own language they call the Godly Party or Communion of Saints.

3. If in officiating we repeat not only the Lords Prayer, the Creed, the Ten Commandments, and such other passages in the Common-Prayer-Book, as (being the very words of Scripture) no man can except against, but so much also of the old Liturgy besides, in the very words and syl∣lables in the Book, as we think, the Mini∣sters of State in those parts where we live will suffer, and the Auditory before whom we officiate will bear; sith the Officers in all parts of the Land are not alike strict▪ nor the people in all Parishes not alike dis∣affected in this respect.

4. If where we must of necessity vary from the words, we yet follow the Order of the Book in the main parts of the holy Offices, retaining the substance of the Pray∣ers, and imbellishing those of our own making, which we substitute into the place of those we leave out, with Phrases and Pas∣sages taken out of the Book in other places.

5. If where we cannot safely mention the particulars expressed in the Book, as namely, in Praying for the King, the Queen, the Royal Progeny, and the Bi∣shops, we shall yet use in our Prayers some such general terms, and other intimations

devised for the purpose, as may sufficiently convey to the understandings of the peo∣ple, what our intentions are therein, and yet not be sufficient to fetch us within the compass of the Ordinance.

6. If we shall in our Sermons take occasi∣on now and then, where it may be perti∣nent, either to discover the weakness of the Puritan principles and tenents, to the People; or to shew out of some passages and expressions in the Common-Prayer-Book, the consonancy of those Observations we have raised from the Text, with the judg∣ment of the Church of England, or to justi∣fie such particular passages, in the Letany, Collects and other parts of our Liturgy, as have been unjustly quarrelled at, by Pres∣byterians, Independents, Anabaptists, or other (by what name or title soever they be called) Puritan Sectaries.

Thus have I freely acquainted you both with my practice and judgment in the point proposed in your Friends Letter; How I shall be able to satisfie his or your judgment in what I have written, I know not: How∣ever, I have satisfied both your desire and his in writing and shall rest,

Your Brother and Servant in the Lord,

Novemb. 2. 1652.

FINIS.