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SIR,
SINCE our first acquaintance, we have seen the Re∣volution of almost fifty years: In all which time your unshaken Loy∣alty, and steady Adherence to
the Doctrine and Discipline of the Church of England have been most conspicuous. You equally hated the Flatterer, who by stretching the Length of the Scepter, made it unweildy; and the Factious, who by conti∣nual filing, made it too slender, and of no more force than a Reed; or so shortned it, that from a Sovereign Battoon, it scarce equalled a Serjeants Mace.
You valued him most, who paid a just Deference to the Re∣gal Prerogative, and was infinite∣ly thankful for all the gracious Enfranchisements of the Sub∣ject. You knew too well the Injustice, and Illegality of ta∣king Arms against King Charles the First, & setled your Judgment so firmly then, that none of the Designers Arts, to cajole the Multitude, made any impression on you. And however great your Sufferings were then, and there∣by
by your Disability to aid the Ba∣nished Prince: yet you were as forward as any to assist him in all things serviceable to his In∣terest, not only in confirming your Neighbours and Acquain∣tance in their Allegiance (when their Enemies success made them dispond) but in making Converts of those who had been deluded by the specious pretence of Liberty and Reformation. So that you helped much to pre∣pare Mens minds earnestly to wish, and effectually to pro∣mote, the late Merciful King's Restauration, and when in his later time he was so Embar∣rassed with some of his Parlia∣ments: you were an eminent Abhorrer, and as strenuous an Opposer of the Bill of Seclusi∣on; and though you were brand∣ed with the name of Papist in Masquerade, and a Janizary for Arbitrary Power, yet you kept your Post, and assured those that
conversed with you, that Loy∣alty (which you had been taught in the Church of England) was so firm a Basis to you, that the attacks of Slander, and Oblo∣quy, should never remove you one hair's breadth from your Duty. It was the very Polar Star, to which you directed all your Actions without trepida∣tion, the Axis on which you designed to move.
GIVE me leave to remind you of some of those An∣swers you used to make to those Speeches were sent you from one of the Clerks of the Com∣mons
House, when the debate was hottest about the Bill of Se∣clusion: for it was at that criti∣cal Time, the truest Sons of the English Church, were discri∣minated from the Latitudi∣narian Protestants, Non-Con∣formists and Common-wealth's Men.
* 1.1When that overgrown Law∣yer said, He took it for granted, that it was impossible that a Papist should come to the Possession and quiet enjoyment of the Crown, with∣out wading through a Sea of Blood; and without occasioning such a War, as for ought he knew, might shake the Monarchical Govern∣ment: You then reply'd, This was more like the Bellowing of a Bull, than a Responce from an Oracle of the Laws, and that who ever lived to see the Duke Succeed, (as in course of Nature it was likely) would find the True Sons of the Church of Eng∣land, so far from listing up an
hand against him, that if his Right were opposed, they would with as much Zeal and Concern as any, fight under his Royal Standard; and if any such Bou∣teseu's as he, raised a Rebellion; they would only afford Trophies to his Victorious Sword, and fall as Sacrifices to the Justice of his Cause.
When that bitter mans Speech was urged, That a Popish Head, on a Protestant Body, would be such a Monster in Nature, as would nei∣ther be fit to preserve, or be pre∣served: and it as naturally followed, as the Night did Day, that the Head would Change the Body, or the Body the Head
You answered, That we ought to consider the Royal Headship, abstractedly from the Subject-Body, as we do the sublimed Animal and vital Spirits from the gross Blood, and the grosser composition of the Body. The Sovereignty being as a Presiding
Coelestial Power, fitted to go∣vern Members of various Tem∣peraments and Constitutions; and that it was as easie to con∣ceive how a Popish King might benignly govern his Protestant Subjects, as it was for a Father to govern, with Paternal Care and Indulgence, his Children of different Humors and Inclinati∣ons; and that whatsoever Lati∣tude, other Church-men might take to obey Princes, only so far as they were Nursing Fathers to their Church; yet the Principles and Doctrine of the Church of England (contained in its Homi∣lies) obliged all the Subjects to be dutiful, bear Faith and Allegi∣ance to their Sovereign, and sup∣port his Crown and Dignity, though he were of a different Re∣ligion and it taught absolute, and unconditionate Obedience for Conscience sake.
When some thought to touch you more closely in your Pri∣vate
* 1.2Concerns; as knowing you had some Church Lands, and shewed you the Colonels Speech, who said, He took it for granted, that we have nothing of our own, if Popery come in; not only the Church Lands, but all the Lands we have will be little enough for them, for they will never want an Holy, San∣ctified, Religious pretence to take them from us.
To this you answered, That the unpractitableness of resto∣ring Church Lands is apparent, in the possession of those in Ger∣many, got into by Hostilities, and established by Treaties; and see∣ing that in Queen Mary's days, when the Romish Government, and the Popes Supremacy was re-established, and the individu∣al Parcels (disseiz'd from the Church) easily known, in the Reign of a Princess so zealous to remove the Guilt of Sacriledge, that she actually restored what was in her Possession, and pro∣ceeded
to the Rebuilding of some Religious Houses, seeing, you said, that she, thus earnest upon the Work, and who had the Interest of the Pope, and the Zeal of a much vaster number of Catholicks then are now, to assist her, was yet so far from being a∣ble to obtain an Act of Parlia∣ment for that purpose; that the Pope himself by Bull confirmed them. Certainly if this then was unpracticable, (when Protestan∣tism was at so low an Ebb) what could be expected after almost 150 years quiet possession? So that if there were no other obsta∣cle but the inextricable confu∣sion, it would be impossible that any Court of Claims could ad∣just the Title of any Religious to them, by any colour of Law or Equity: and no Catholick Prince whatsoever, would disquiet, and disoblige the whole Body al∣most of his Subjects, (both Ca∣tholicks and Protestants,) for
the advantage of three or four of his English Subjects in every Monastery: for if he should re∣call all the Religious of his Sub∣jects out of all the Foreign Con∣vents, they would not supply them to a greater number.
* 1.3When you read another Sple∣netick Gentlemans Harangue, That Misery and Slavery were the Concomitants of Popery; And when in answer to a Gentleman that urged against the Bill, That it would lay the foundation of a mi∣serable Civil War: The aforesaid zealous Knight reply'd, That the Barbarousness exercised in Queen Mary's Reign by Fire and Fagot, might be put in the Ballance with all the inconveniences that ever happened by any Exclusion-Act.
I remember you pitied the Contlemans short Memory, or want of perusing our Histories, where he might have found in many of the Skirmishes (besides the sixteen pitch'd Battels,
fought betwixt the Houses of York and Lancaster, upon the U∣surpation of King Henry the Fourth against Richard the Se∣cond) that more were slain in one day, and more Families ruined in one year, than in the whole Reign of Queen Mary: And however the matter should fall out (as we had no shadow of Reason to suspect) it were bet∣ter to die, as Sufferers (guilty of no other Crime than the Ad∣hearing to our Religion) then to die by the Sword, Bullet, Ax or Halter for Rebellion.
You farther said, That we ought to consider the difference betwixt a lawful Hereditary Prince, and an Usuper: The one being obliged, by Interest so to govern, that he may have a peaceable and comfortable Reign, and have willing and wealthy Subjects: Whereas the other (having the establishing his Usurpation his sole scope)
enslaves all he can, studying only to aw all into Obedience by force, and strong hand: But it would be otherwise in the Suc∣cession here, where the Princesses his R. H. only Daughters, who, or their Issues, were in the course of Nature (if he had no Son) to succeed him were mar∣ried to Protestants; so that he would have as great regard to their peaceable Possession, as his own: And let the Motives be what they could, he would con∣tent himself with the Publick Exercise of his own Religion, and affording Liberty, Coun∣tenance and Protection to all Catholicks, and imploying some of them, and suspending the execution of such Laws as were heavy upon them: And if this were not opposed, you doubted not but his Reign would much increase the Wealth, Glory and Military Discipline of the Na∣tion.
* 1.4Yet after all this, since you have lived to see so much of the Prognosticks verified; of late, you have expressed apprehensi∣ons of the danger of your Reli∣gion; and the concern for that, hath made you hearken to the suggestions of some Church∣men, and others who really be∣lieve all which the Seclusionists then (without crediting a Tittle of it) most artificially spread abroad.
I think my self therefore bound to offer you my Reason, why you ought not to fear this, and in the first place, think fit to remind you how the Clergy of England (that surely consi∣dered consequences) behaved themselves then, and after shall answer the best Arguments I have met with to the contrary.
THe Deportment of the Bi∣shops, and the Loyal Cler∣gy, may be best known by their adhearing to the Crown-side, and the endeavours that were used to render them less credi∣ted by the People.
It is very well known how strenuously they opposed the Bill of Seclusion, both in the City and Country, and how few (if any) of the Bishops in the House of Peers countenanced that Bill, which occasioned such bitter and biting Speeches, or such sly insinuating Girds against them, as if they were ready to enroll themselves under the Banner of St. Peter, and be∣tray
the Protestant Interest, ra∣ther than be deprived of the warming Beams of the Rising Sun.
* 1.5Hence one of the Active Members said, They might be assur'd of their Religion, if the Fathers of the Church joyn in be∣ing against the only means to pre∣serve it; and he desired the Church might not be scandaliz'd, for they did not disinherit the Prince for his Religion; but to save their own. And further said, That he thought it a kindness to the Church, above all other Acts whatsoever: And lest in this, he might not be un∣derstood aright, he added, that he meant the Protestant Church: which shewed that these men considered the conformable Cler∣gy of England, as a different Body from the Protestants at large; And so the kindness of that Act would operate to them, though not to the pre∣sent Bishops and Clergy of the
Church of England, who defired no such indirect proceedings to secure them.
* 1.6Another said, He was unwil∣ling to detract from the Merits of Church-men, for whom he had a great Veneration; yet he could not but observe however since the Presbite∣rian Plot, they preached up the dan∣ger of Phanaticks to be more than of Papists, and that to disinherit the Duke was against the Law of God: Which said oppinions, said he, If they should be Imbibed by the People, what would the Associating Bill signifie, or any other Law against Popery.
* 1.7Another said, That People were come to know, that the Clergy may be good Divines, but not so good Politicians: And that the Clergy∣men might be in a possibility of be∣ing advanced by Popery (if they submitted) but the Laity, under a probability of loosing all notwith∣standing all Submission: And added, That he doubted not, but
that many of the Beshops and Clergy, would as soon die for the Protestant Religion, as any Per∣son in the Nation: but he was jea∣lous there was some over-ruling Power, yet amongst them, some∣thing answerable to that of a Po∣pish Successor.
This Gentleman seemed kin∣der than the rest, in that he charged them mostly with want of foresight and inadvertency, that some Leading Men of their Order, were decoying them to overlook their Interest. But surely in this they Acted like good Politicians, as well as Di∣vines, in that thereby they saved a great effusion of Blood, which necessarily must have followed such an unjust Bill: And I hope they will retain the same Inte∣grity and Wisdom, with a good Conscience, as to afford no oc∣casion to their Enemies to cen∣sure their defect of Religion or Policy, or allay the King-Affection
and Grace to them for that Service then done to him.
I Think it not unfeasonable here to refresh your Memory with a Summary of the Calum∣nies laid upon the Loyal Mem∣bers of the Church of England, in the Reign of the two late Kings of Glorious Memory. In King Charles the First's Reign, the People, being wrought up∣on to repine at some ways of levying Money, not usual, and some Rules of Uniformity either disused, or not so Universally practised before; chose in most places such Members of Parlia∣ment,
as they thought, would be most ready to redress those Grievances; who, no sooner were met, but the Designers amongst them, set the People upon petitioning against Inno∣vations. Then the Bishops, and most of the dignified Clergy, were accused of an intention to bring in Popery, and to make some approaches to a Conformi∣ty to the Church of Rome. E∣very where hideous Crys were heard, of the apprehensions of the Inundation and Inflowing of Popery, when the thousandth Man scarce knew what it was, or who were the Preservers of the Banks which most power∣fully kept it out; and having got Power by those Suggestions, and gained an Aversion in so many against them, before they had over powered the Monar∣chy, voted down, and, in the effectualest way they could, to∣tally overthrew the English
Hierarchy: And all that asserted the Government then exercised in Church and State, were branded as Betrayers of the Sub∣jects Birthright, Priviledges and Liberties, and Favourers of Popery, and Arbitrary Govern∣ment: Which Epithets they never failed to interweave, and on whomsoever they fastned such of their Petars, they were sure to have their Reputation blasted, and all their subsequent Actions rendred odious to the Commonalty, who the soon∣est of any Mortals are blear∣cy'd, and distorted with the suspitious squint.
In the late Kings time, all Loy∣al Men, who profest most strict conformity to the Church of England, and were not for the Bill of Seclusion or Comprehen∣sion, were stigmatiz'd with the names of Papists in Masquerade.
How efficacious these Calum∣nies were to Arm so great a
part of the Subjects against the blessed Martyr of his People, and bring him to that tragical end, is too fresh in our Memo∣ries to need a recital. And when we found the powerful∣ness of those Fictions and Ima∣ginary Goblins in both Kings Reigns, to endanger the Sub∣version of the Monarchy and E∣piscopacy: Have we not rea∣son to believe, that there are a great number of Republican Spirits yet at work, who sub∣tily mingle themselves with all Male-Contents, and dissatisfied Parties; and by their sly insi∣nuations inflame every small Scratch, and rancle it into a ve∣nomous Boil, by their pestilent and contagious Breath? Those are continually raking into the Ashes of every of these by∣past Designs, keeping some Brands always in the Embers, ready upon every light occasion to be blown into a Flame. Can
we believe those to be now at rest and quiet, to have hushed or mortified their eager Con∣cupiscence of advancing the Good Old Cause? No, no, let us not believe the Fox hath for∣got his Shifts and Wiles, or the Crocodile his Tears, or the Asp his venemous Bite: Let us fear the gilded Snake in the Grass, yea, rather lurking in every Thicket, where repining, mur∣murs, sears, jealousie or discon∣tent can lodge.
THese are a set of Men, who by their whispering dissatis∣faction
and suspitions of the dan∣ger of the Protestant Religion, are but fitting their Mouths, and preparing their Lungs to blow the Bag-pipe of Sedition: And when they have allured the Crowd, will endeavour to de∣coy them into the same Designs with themselves, and excite us to follow the Methods they used in our Fathers days. That new Ja∣pan doth much resemble the old Varnish, only they have found out new Exotick, affrighting Figures: And whereas before the Emblem of Venient Romani was placed at so great a distance from the Sight, that it was but faintly delineated, as in a re∣mote Prospect: Now they think they may be bold to place it in a nearer Light, and hope to allure the Tender-sighted, and well Affected to the Church of England, to believe the reality of the Representation: which is no other, but that the Roman
Altars are to be placed where Communion Tables now stand. That the great Fabrick of St. Pauls is to have a Cupula with the Sword of that Saint, and the Keys of St. Peter upon it: That our Common Prayer is to he changed for a Mass-Book: And in fine, that the Protestant Religion is designed to be ex∣tirpated.
The Plausible Inducements they pretend to have to believe this, are the Liberty the King grants to all his Catholic Sub∣jects to Exercise their Religious Worship; the suspending the execution of all the penal Laws against them, and the placing of Catholics, contrary to the Provision made by Act of Par∣liament to exclude them.
These Proceedings of the King, they would make us be∣lieve, are manifest Demonstra∣tions of his intentions to re∣cede from his Royal Promise of
protecting the Church of Eng∣land: and consequently that it will crumble to nothing, by his withdrawing it.
This they endeavour to infer, by the consideration of the in∣fluence the Pope and the Ca∣tholick Fathers may have upon his Majesty, who will be conti∣nually instilling into his Royal Mind, how glorious an Enter∣prise it will be, rowsing his slow and unresolved Thoughts, with the Consideration, what a per∣petual renown it ever will be to King Henry the VII. that he united the Houses of York and Lancaster: and how glorious the memory of King James the I. ever must be, who unit∣ed the Kingdoms: And how transcendent a Jubile it would cause over all the Roman World, That his Grandson should re∣unite his Subjects to the Roman Catholick Church; which will be so irresistable a Charm, they
say, that it cannot be in his power to escape the Enchant∣ment: Nor could he want the Charity to wish it, or neglect the essaying all means to effect it, being prepossessed with a firm Perswasion that the under∣taking of it would be an accep∣table Service to God Al∣mighty.
It is not my design to write any thing that may lessen the esteem and due regard Men have for the Church of England, of which I own my self an un∣worty Member. Neither shall I meddle with any Points in con∣troversie, but only offer my Rea∣sons why I cannot conceive, by the Proceedings of the King hi∣therto, nor the consequences flowing from those steps he makes, That the Protestant Reli∣gion is either in danger, or de∣signed to be rooted out, or so e∣clipsed, as we are invited to be∣lieve.
BEfore I consider the present State of the Church of England, which I think, in ma∣ny respects, is as flourishing as it hath been since the Refor∣mation; I must shew its for∣mer condition.
During the Reign of Q. Eliza∣beth, and the three succeeding Kings, it hath been continually disquieted with Dissenters, Fa∣naticks, and other Sects, who ne∣ver gave over their Clamours for a more refined Reformation from Rome: Every Year almost producing some bitter Inve∣ctive
or other; grudging, mur∣muring, and calumniating the English Hierarchy, to the great disquiet of the Secular Govern∣ment: Hence the necessity of severe Laws against Non-con∣formists, ever and anon being made or reinforced.
Those that lived in the be∣ginning of the late Wars cannot forget what Tumults were in some places about placing the Communion Table Altar-wise. How many were scandalized at the Bishop's, dignifyed Clergy, and Priests Habit; at the kneel∣ing at the Sacrament, at the use of the Cross in Baptism, about bowing to the Altar, and the Name of Jesus: And tho' in Cathedrals a Solemn Order was observed; yet it was much murmured at, and was branded (both in the manner of the Ce∣lebration of Divine Offices, and the use of the Choristers and Organs) with the name of
down-right Popery and Su∣perstition.
Who hath a mind to know the particulars of the disquiet∣ing of the Church of England, by her Protestant Adversaries, may peruse Bishop Bancroft's Dangerous Positions, and Dr. Hey∣lin's History of Presbyterianism, Mr. Fowlis History of the Plots, Conspiracies, &c. and such as relate the Church History of those times; and they will find sufficient to convince them, what Jars, Conflicts, Heart∣burnings, and Disquiets were amongst Protestants: How the Clergy and the Liturgy were despised; which grew every Year worse and worse, till it was judged requisite by a strict execution of the Laws to master the Nonconformists, and bend, or break them to a complyance, or silence. But the success an∣swered not the design; for on the contrary, the peoples minds
grew strongly alienated from the Discipline of the Church, and as soon as they had chosen a House of Commons to their mind, the use of the Common Prayer Book, Surplices, and Ha∣bits of the Clergy, and all things in use formerly, and established by Law, were vot∣ed down; and the Souldiery and Rabble were encouraged to tear the Service-Book and Sur∣plices, to transplace the Com∣munion-Table, level the Steps, pull up Fonts, break down all the painted Glass-Windows, especially where any representa∣tion of our Saviour, or any Saints, or Bishops, or other in Religi∣ous Habits were: The Copes, Vestments, and Chalices were all swept out of the Church by Order of Committies, or the Rapine of Parishioners, or Soldi∣ers; The Monuments and mo∣numental Inscriptions, were most of them defaced, especi∣ally
where a Religious Habit was represented, an Ora pro Animâ annexed, or the worth of the Brass tempted the Sacri∣ledge; none of the zealous Ob∣servers of the Rites and Cere∣monies of the Church were per∣mitted to enjoy any Benefice, or teach a School; Bishops, and Deans, and Chapters Lands were sold, and they were about resolving which of the Cathe∣drals should be demolished. So that in conclusion there was no publick appearance of the Dis∣cipline of the Church of Eng∣land, tho' all the Pulpits were supplyed with Preachers, who conformed to their new Dire∣ctory, and new Ordination by Presbyters. This might indeed be called a Protestant Church, but I am sure it was very diffe∣rent from the Church of Eng∣land as established by Law, which was so far from then be∣ing a flourishing Church, that
it had neither Vola nor Vestigium of one, but such as was under as dismal a Persecution as a Church well could be.
It is true, after the late King of immortal memory's Restau∣ration; It was restored again to a competency of Power, and Order. Yet the Dissenters Meeting-places were as much frequented as the Churches. Everywhere Non-conformable Ministers had their Conven∣ticles, till a new Act of Uni∣formity was made; yet the number of Dissenters then were so many, that the King (who loved ease, and to have his Sub∣jects minds composed, that he might more freely have the Ser∣vice of their Bodies and Pur∣ses) was willing to grant them Indulgence, till that was disliked by the Parliament, and the Bishops, and zealous Members of the Church of Eng∣land, whereby the King was
prevailed with to revoke it. Thus was the Church of England harrassed under Protestant Prin∣ces.
LET us now take a view of its present State, and make a just paralel, and we shall, I think, find it in no worse, but in a better state than be∣fore. Now our Clergy-men go publickly in their decent Habits, are reverenced and respected, no affronts put upon them. All the Ceremonies appointed by the Canons, and Rubricks are more exactly observed, and more universally confirmed too, than in any Age before; we hear little of their Conventicles,
the greater number of former Dissenters flocking to our Chur∣ches, conforming in all things, answering to the Responses, standing up at the Creed, bow∣ing at the Name of Jesus, kneel∣ing at the Prayers, and with great attention and zeal, hear∣ing the learned Sermons deli∣vered almost from every Pulpit, the Ministers redoubling their pains in emulation to the Ca∣tholick Fathers, that they may retain their Flocks firm to the Protestant Religion, and we may judge, by the crowding of the Churches, That for one Dissenter that was won to the Church of England, in the late Kings Reign, there are now ten, which is one of the Miracles the King has done, to unite these at so great odds formerly: So that to me it is a plain proof, that some people believe the Promise of protecting the Church of England: Which
makes them shelter them∣selves under it; but I suppose it will be no longer than the Storm is impending. In fine (unless it be that we want his Maje∣sties presence at the Royal Chap∣pel) we find no alteration from what was in King Charles the Second's time, and the genera∣lity of the people, finding the Clergy so boldly to stand to the Protestant Religion, respect and reverence them more than ever.
So that if the flourishing state of a Church be to be known by the number of Communi∣cants, by the populous Audi∣tories, conformableness to the Ecclesiastical Doctrine, and Di∣scipline: If by the decency of the Churches, the full, free, and solemn Exercise of the Rites of our Religion, by the eloquent, learned, and painful preaching of the Ministers, by the full and free enjoyment of their Reve∣nues,
the uninterrupted Exer∣cise of the Ecclesiastical Laws and Discipline: The present state of the Church of England is as flourishing as we can de∣sire, and may so continue, if we can be content to yield Roman Catholics a favour next to a Tolleration.
SINCE I am discoursing of the paralel of the flourishing state of the Church of England, formerly and now: I think we ought seriously to reflect how gracious our King is to us, and how little a share of liberty to his Catholics, he is content with.
None sure could have count∣ed it injustice, if our Sovereign had chosen his own Royal Chap∣pel, in his own Palace, to have performed his Devotions in; whereas he quits that to the Prince and Princess, to the Archbishops, great Ministers of State, the Nobility, Bishops, and Protestants of all ranks; and contents himself with the Queens Chappel at St. James's, hath only one Bishop, his Con∣fessarius, and a small number of Chaplains, and circumscribes his Processions within the Cloy∣ster of that small Convent: And at Windsor (his Summer∣Palace) leaves the Collegiate Church to Protestants, and only keeps to himself the small new Chappel adjoyning to St. Georges Hall, which if he had not taken (though some unquiet Spirits made such a noise at it) he must have had no place there for his Devotion.
The King graciously allows us the Cathedrals, Parish-Churches and Chappels, and the free and unrestrained exercise of our Re∣ligion; have we reason then to grudge him two or three small Chappels, and the Subjects of his Faith, their Private Ora∣tories?
We have had a further In∣stance of his Majesties tender∣ness in protecting the Church of England, in the Letter sent to the two Arch-bishops, at such time when it was generally bruited abroad (we may judge by whose Artifice and Malice) that the King intended to pro∣hibite preaching of Controver∣sies, betwixt the Church of Rome and us, and to take away Lectures, and Afternoon Preach∣ing; whereas we find by the Instructions annexed to the Let∣ter, That it was no more than had been done in King James's, and in King Charles the First's
time, and was verbatim what had been published by King Charles the Second: And in stead of restraining our Mini∣sters from preaching in defence of the Church of England, it is allowed, yea appointed them, so it be done according to the Instructions.
Let us therefore receive these largesses of Princely Favours, with dutiful and thankful Hearts; and by no petulancy, or unnecessary eagerness for more, indanger the loss of what we enjoy. And I doubt not but Roman Catholics will al∣low something to a people de∣voted to their Religion, and di∣stinguish betwixt those that are, and ever will be, truly Loyal, even under Sufferings; and a party that seek all opportunities to repine.
TO proceed more particular∣ly to the further Reasons, why I think the Protestant Re∣ligion is in no such danger, as some labour with all their Arts to make us believe. I shall de∣sire it may be considered, How averse the body of the People are to it. Protestantism here has taken deep Root, and the prejudice against, and even ab∣horrence of Popery, hath been instilled into us, with our first Rudiments: So that the gene∣rality may as well be prevailed upon to embrace Turcism or
Heathenism, as the Religion which hath been represented to them as Idolatrous, and so con∣trary to Scripture. Education, and a long Series of contrary Usage, are great Impediments in the minds of all Men, to ad∣mit of any change in Customs, much more in Religion.
The great Obstacle, that hin∣der the common people from complying with the Roman Catholic Religion, are, That the Publick Service is celebra∣ted in an Unknown Tongue, in which they know not how to joyn, as they do in our Litur∣gies, and the multitude of my∣sterious Ceremonies, do no less amaze them, who will be ra∣ther contented, to be account∣ed thick-skulls, than they will be at the pains to learn them.
The Clergy, and those who are able to consider the matters in dispute betwixt the two Churches, cannot (after that
vast number of Books that have been writ on both sides) satis∣fie themselves in the Doctrine of Transubstantiation, Invoca∣tion of Saints, worship of Ima∣ges, Purgatory, Merit, and se∣veral other matters, in which difference they unite with other Reformed Churches.
And there is something pecu∣liar, which will be a constant Remora, (to the Clergy espe∣cially) viz. That, First, the Reformation was here more re∣gular than in any other Coun∣try. Secondly, That Episcopal Government is maintained in good order; and such a Liturgy and Ceremonies used, as come nearest to the Primitive usage, as they think themselves very able to maintain. Thirdly, They are unwilling to yield the Roman Catholic Church to be the Judge of Controversies be∣twixt them. And as to the Supremacy of the Pope, The
English Clergy will most unwil∣lingly yield it, after so long a renouncing it. Lastly, The In∣dispensible Celebacy of the Ca∣tholic Clergy, is an insupa∣rable hinderance of English Mi∣nisters submission to that Reli∣gion; since the married here, will be incapable of preferment, and on the contrary, must suffer degradation and beggery.
Who seriously considers those things, will not only judge it an attempt unseazable (especi∣ally when the prospect of a Protestant Successor, is an En∣suring-Office to our Religion) but may satisfie any of the groundlesness of those Fears, (some people are too prone to suggest, more, I think, out of design, than that they believe it themselves) That the Pro∣testant Religion is designed to be overthrown.
There are but four ways, by which this can be effected. Ei∣ther,
First, by the freedom of preaching of the Fathers, Se∣condly, Their Writings: Third∣ly, Their Conversation: Or, Fourthly, by Force; which I shall now consider.
As to their Preaching, 1 1.8 First, It is observeable, That it is a most rare thing, to hear any discourse of Controversies, in the King's, or either Queen's Chappels, or I think in that of the Popes Nuncio, or chappels of Embassadours: Those Pro∣testants which have heard them, can universally testifie, That the Text, mostly, is out of the Epi∣stle or Gospel of the day; and the scope of the Discourse is ge∣nerally incitements to the du∣ty of Holy Living, disswasives from all kind of sin, and true motives to penitence for them. When they commemorate a∣ny Saint, in celebrating the Festival, the application is to
imitate their Sanctity, and praise God for the Grace con∣ferred on them, and affording such Examples of Devotion, and holy living: Which Heads, when they are most powerful∣ly treated upon, may be effe∣ctual to make a Man a good Christian, but avails not much to make him a Roman Catho∣lic.
It is well known to most that hear them, that if it were not for the habit, the Ave Maria, the want of Notes, the devision of the Discourse, and some small difference in the way of delivery, they could not distin∣guish their Sermons from those in Protestant Churches: So that they gain only by that, a little mitigation of peoples Censures, who have had them represented either as ridiculous, or absurd. Since therefore the Preachers of both Churches agree in the points of Moral Piety, and the
Fundamental Doctrines of Chri∣stianity: It may prevail with Lay Auditors, to judge those are the necessary things know∣able; and that the skill in nice and subtil Controversies, are nothing so needful to salvati∣on, as the decrying and shun∣ning Vice, and Debauchery.
When therefore we consider the advantage the Ministers of the Church of England have o∣ver the Fathers, we surely must yield, That they may much more easily keep their own Flock from straying, than the other can win them over to the Romish Faith. For, First, the Ministers are infinitely more numerous, and settled in their several Parishes, as so many Shepherds to secure their charge Secondly, They have willing, and unprejudiced Auditors to hear them; whereas most Pro∣testants that go to hear the Fa∣thers, generally do it out of cu∣riosity,
or to censure them. Thirdly, The Ministers of Eng∣land have a good Art of Address, to enforce their Doctrines; and having been longer used to preaching than the Fathers, and using a different method from them (to which people have been more accustomed:) I see no reason to fear that they can so prevail, as to commit a rape upon their Auditors Affections and Judgments, whereby they should be converted by thou∣sands, as those were at S. Peters Sermons; and without such Miracles, I think, by preaching, the Protestants will not be changed.
As to their Writings; 2 1.9 the scope of those seem to be prima∣rily, to explain those Articles of Faith (wherein Protestants most differ from them) in such a manner as may conciliate a better understanding between
the two Churches, and by a sweetening, and favourable re∣presentation of the Catholic Doctrine, endeavour to remove the Prejudices Protestants have entertained against it, as irro∣concileable to Scripture and the exposition of the Primitive Fa∣thers.
This seems the most Christi∣an and Charitable method they have, or possibly can take, to render their Religion intellig∣ible to us, or at least incline us to less censoriousness of theirs: which province the Bishop of Meaux, hath undertaken with greatest applause, and it hath been followed by some of our Country.
Yet when we consider how little hither to hath been gained by this expedient, we need nei∣the be waspish and angry, or abandon our selves to such sink∣ing sears, as if the Church of England would be overset
by so smooth a Sea.
The Church of England hath in it many learned and dextrous men, who have good Libraries, and are well skilled in History, and the Antient Fathers, and are well pleased, they have the opportunity of shewing their Talents, and are confident they can manage their cause more advantagiously than the Ca∣tholics, and think this way of their Adversaries Writings, effects not what is aimed at, but on the contrary, confirms the people, That they have been taught by their Pastors, the more antient and true Do∣ctrine, as it was believed in the Ages nearest the Apostles times: So when the Pope yielded to the Bohemians the use of the Wine in the Sacrament: It being re∣ceived by them, as a confirma∣tion, That the Eucharist ought to be administred in both spe∣cies; and that it was as reason∣able
that other Points in diffe∣rence should be allowed them, the Pope recalled the Tollera∣tion.
When we further consider, That the dubious expressions of the Fathers, afford subtil men on both sides sufficient matter for arguing, pro and con, and that the Writers in both Chur∣ches, agree not upon a Judg betwixt them: It is not easie to conceive, how by this way, a National Conversion can be effected. For though the num∣ber of Writers were never so much multiplied: Yet since the Arguments are the same, and neither part can put the principal differences to Umpi∣rage, or fix upon an Umpire, they may both write till Dooms∣day, 3 1.10 ere they accord.
As to Conversation, It must be owned that in this, as well as the foregoing particulars,
the R. Catholick Church-Men, have that advantage now, that they never had since the Refor∣mation, both publickly to preach, and publish their Books of Controversie, and be as in∣dustrious as they please, to pre∣vail with people in their con∣versation, which is like a single combate betwixt a Man skilled at his Weapon, and a Novice. It must be granted also, That several persons may be recon∣ciled to the Church of Rome, especially such as are curious af∣ter Novelties, and not well grounded in the Protestant Re∣ligion, or such as fall into solici∣tous thoughts about the state of their Salvation, and come to think the failures they have committed, have been occasi∣oned by their want of due In∣struction: Or once conceive that Salvation is not to be had out of the most Catholic Church, or that a perfect absolution up∣on
Confession, and Contrition is to be had no where, out of the Church of Rome, and some may be won by an affectation of the modishness of being of the Religion of their Prince, or in hopes of the more propitious royal Smiles: and such in my judgment, as change their Reli∣gion for this sole end, neither deserve the countenance of their Prince, nor of any worthy Man; for such will vary with the next Wind, and neither God nor Man will find stability in them.
But we experimentally find that the progress of these kinds of conversion is very slow, and it must be a work of many Ages, to effect any great matter this way, where so thick-set preju∣dices, and prepossessions of a dif∣ferent perswasion, are so firmly retained, that to change a Re∣ligion this way, is but like the demolishing a Fabrick of im∣mense
firmness and size, by pick∣ing out here and there a single Stone, even while others are as diligent and industrious to secure it.
If, lastly, any be won over to the Church of Rome, by any of these, or any other method of more force, the act being personal, (seeing every Mans Sal∣vation toucheth himself most) why should any so much be concerned about it, seeing it is their own voluntary act, and no injury is done to the willing yielder, and it would be a strange obstinacy in any not to yield to conviction.
Having shewn the groundles∣ness of those peoples fears that dread the overthrow of the Church of England, by any of the three forementioned ways: I come now to the last, that is, Force.
It was a Master-piece in the Seclusionists, 4 1.11 to represent Po∣pery and Slavery as Twin-Monsters, and inseparable Fiends; which they described in the most terrible shape, with Jaws of Lions, Talons of Vultures and Harpyes, Eyes of Basilisks, and fierceness of Tygers, sur∣rounding them with Fire and Brimstone, horrible Flame, and the equipage of Chains, Racks, and Wheels, and all the Tor∣ments of the Ten Persecutions, or what ever else, inventive Mischief hath since found out: Yet we now live to see them all but terrible Bugbears, and the Affrightments of Hypocondriac Dreams.
By a natural instinct, we English, of what perswasion so∣ever, are very careful to pre∣serve our properties, which in all times have been dear to us; and those most antient Laws
that secure them, were made before the name of Protestant was known in the World. We must also consider, that with what ever daring courage, re∣ligious zeal may inspire Men; yet common policy and interest, will certainly discourage all Ca∣tholics from attempting any change of Religion by force and enslaving; lest they or their posterity, in the next Age might undergo a Retaliation as heavy upon them, when it would be more easie to extirpate the whole Roman Religion here, than now it would be to change that of one City. When there∣fore the founding of Religion will be the ruine of Estates, and the Story of Perrillus's Bull, is not worn out of Mens Memories, or Men are like to be the Sacri∣fices upon the Altars, they too precipitately raise; we are not to expect such venterous He∣roes, as will have the hardiness
of Sampson, especially since if they had, they would want the Power, and force to ef∣fect it.
I Know it is urged, That we had a sad Experiment of the change made by a standing Ar∣my here, which was able to o∣verthrow the Monarchy: And the French Kings late proceed∣ings against the Hugonots prove, That by force great alterations (otherwise looked upon, as next to impossible) may be ef∣fected.
But the Cases are very diffe∣rent from ours, 1 1.12 for in our late Civil Wars, the people were on∣ly wrought up to the height of
power, to dispose of the fate of Monarchy, by the belief the Designers impressed upon them, That Popery and arbitrary Go∣vernment were making great approaches, and fully designed to be introduced by the King and Bishops: And a Parlia∣ment was, by a fatal oversight, perpetuated, which was of the same perswasion; and had the Hearts, Purses, and Heads of infinite multitudes to assist them in the work of Reformation in the Church, and redressing of Grievances (as they were cal∣led) in the State: Which be∣ing such specious pretensions, and having a Parliament to pa∣tronize it; and the Scotch Na∣tion to abett them, it was the less to be wondred at, that such a Revolution was made, espe∣cially when we consider the Churches alteration was no∣thing so great, as it would be betwixt the exchange of Pro∣testant
Episcopacy, for R. Catho∣lic Hierarchy, and the Popes Su∣premacy, which is here so much antiquated.
Then the Doctrine of the Church was little altered, ex∣cept in that they rejected the Order of Bishops: for the Ser∣vice being in the known Lan∣guage, without any Ceremo∣nies, only consisting of Prayers, reading of Scriptures, Preach∣ing and Administring the Sa∣craments, according to the use of Scotland, Geneva, Holland, and the Hugonots of France, the transition was more easie, after the Army was victorious: Yet we have seen how short liv'd, even that Usurpation was.
In our present case, a Reli∣gion is to be brought in, against the most earnest endeavours, the firmest perswasions, and Re∣solutions, and the utmost dete∣station and abhorrence of the people: So that while we see
only a mixture of Catholic Of∣ficers, with a far greater num∣ber of Protestants, and a Body almost intire of Protestant Sol∣diers: We may as well have credited, That Oliver Cromwel's Army could have pulled the Pope out of his Palace, and in∣troduced Protestantism in all Catholic Countries, (as I have heard some of the Officers and Chaplains of that Army, con∣fidently enough hope) as that we can expect an extirpation of our Religion here, by so small a number of R. Catholics as are in the Court, Camp, or Coun∣try.
As to the instance of the French Kings proceeding, 2 1.13 sure∣ly they that urge it, never give themselves liberty to reflect up∣on the discrepancy of the case. In France, the King and the whole Body of his Kingdom are R. Catholics, and the Religion is
established by Law, and it is easie to obtain further Laws for the support of it, and the de∣stroying of all others, by a King so victorious and reverenced; since how numerous soever Pro∣testants were there, yet compa∣ratively to the Catholics, they were very inconsiderable. If in∣deed the King of France were an Hugonot, and with the as∣sistance of his Protestant Sub∣jects, had been able to have brought all Catholics to his Re∣ligion, then there might have been some ground for such an instance.
If the advancers of this af∣frightment would have been so candid, as to have subjoyned, how our gracious King hath granted, not only the French Exiles a safe retreat into his Kingdom, but hath likewise promised them a Protection in the exercise of Religion, con∣formable to the practice of the
Church of England; And to all such hath granted his Gra∣gracious Letters Patents for the collecting the Charity of his Subjects for their Relief, (which is accordingly with a superlative Liberality, afforded them) They would rather have made it as an Argument of the Kings inviola∣ble observing his Gracious pro∣mise in protecting the Church of England, than have pro∣duced it as an incitement to our fears of the contrary. But these kind of men know how to boil up Sugar to the bitterness of Aloes, and extract Poison out of Cordials.
I Know it is urged, that if his Majesty did not design some alteration in Religion, what need is there of his so great so∣licitude, and earnest endeavours for the taking away of the Test; and how comes it to pass that the Law against it is dispensed with, and so many Catholics are Commissioned in the Army, and may be in other Offices? This being the continual Toll, by which some would make us believe the Protestant Religion was about giving up the Ghost: I think it most necessary to en∣large the more upon it, in shew∣ing
how just it is in the King to imploy Catholics, and how much Reason he hath to dispense with the Test; and that the refusing the Abolishing of it, will be attended with much greater Inconveniences than the continuance of it.
* 1.14Before I enter upon this Sub∣ject more directly, I think it requisite, in the first place, to shew the Equitableness, and Reasonableness of the Kings imploying R. Catholics. In order to which,
First, we must consider with what steadiness and equanimity of Mind (peculiar to himself) our Illustrious King stemmed the Torrent of Antimonarchical, and Associating Insolence: and how undauntedly he weathered out the Storm raised against him, upon the account of Reli∣gion, before his access to the Crown: So that we cannot
think that he withdrew himself from the Communion of the Church of England for any Se∣cular Interest; and being not only so peaceably at first seated on his Throne, but by a Mira∣culous success against a Rebel∣lion (that was within a cast of Victory) so firmly establisht in his Right: It cannot be thought but that he makes some reflecti∣ons on the justness of his Cause, and the favour of Heaven to his Religion; so that after we have seen him Triumph over the spightful and impotent Confe∣deraces against him, and know him to be a Prince of those rigid Principles of Honour and Con∣science, as in no time to make use of the coverture of dissimu∣lation; we must conclude, that the World would judge him hypocritical in his Religion, if he should not publickly practise it himself, and countenance the Profession of it in his Catholic
Subjects, and shew as favour∣able a regard to them, Caeteris paribus, as to Protestants.
Secondly, 2 1.15 It is most natural for every person to cherish and confide in those most, who are of the same Perswasion with themselves in point of Religion, who are to be supposed, will most cordially and concernedly adhere to their Interest, as know∣ing that their common Fortunes are interwoven. While there∣fore Protestants, since the Re∣formation, have been the sole usu-fructuaries of all the places of Honour and Profit in Church and State; and all, who have been bred Catholics, have been, since the begining almost of Queen Elizabeth's time, or at least from the middle of it, under more or less continual pressure: And a great many suffered most deeply for their Loyalty to King Charles the First:
And during the credence given to the late Plot, have been harrassed from Session to Sessi∣on, proceeded against as Tray∣tors, Imprisoned, and forced into Exile, or undergon the se∣vere penalties of the Laws: It is but reasonable that they, or their Posterities should, with some more than common emo∣tion of Joy and Contentment, entertain the liberty of the ex∣ercise of their Religion, they have so long been restrained from. Nor is it to be wondred or repined at, that they are very desirous to receive the Warmth and Sunshine of a Kings Favour, they have so long been deprived of; and of discovering their Joy and Satisfaction, that they may be capacitated to render him Service, and be united in that dutiful Bond of Loyalty with Protestants, though they cannot accord with them in Matters of Religion.
Thirdly, 3 1.16 It is a very unrea∣sonable Matter, that any So∣vereign Prince should be a∣bridged of the liberty of placing his Favours at his pleasure, ei∣ther in Compensation of his Subjects Sufferings, or, as a re∣ward for their serviceable Loy∣alty; or for the support of some meritorious Person, or such as by their Pen do him Joynt-ser∣vice with his Arms; the one awing, and the other arguing the Ill-dispos'd Subjects into their Duty: And it no ways becomes Subjects to Murmur, much less to repine, upbraid, or offer at catechizing the Prince for it.
Fourthly, 4 1.17 It is a well known usage amongst all Princes to en∣tertain, in their Service, Great as well as Inferiour Com∣manders that are useful to them, without having respect
to their Religion: For the Li∣berty that any Great Prince gives to a brave Man, to Exer∣cise his Devotions in the way he has chosen, makes him so much the more at ease, to be solici∣tous about nothing worldly, but the true serving his Prince; which made the late King not ill served by some of his greatest Sea Commanders and Captains, who had learnt their Experience under the Usurpers, and were Non-Conformists to the Church of England. It is well known how long Marshal Turene served the French King before he re∣turned to the Bosom of the Church of Rome, and how Car∣dinal Richilieu, and he, though they offered their Prayers at se∣veral Altars; yet petitioned joyntly for success to their Com∣mon Master: And how long af∣ter, the same King entertained Mounsieur Schomberg, and other Protestants. Surely the Ger∣man
Emperour doth not reject the Service of the Lutheran Princes, and their Forces against the Otoman Empire; and it is well known, that Forreigners are imployed in the Councils or Armies of most Princes.
Fifthly, 5 1.18 Neither can I see any greater difference in the Kings imploying of some Catholics together with Protestants, than there is in his making his Sub∣jects of both his Kingdoms, par∣ticipants with us English, in Offices and Ministeries of State: Which to repine at, were very great Injustice, seeing it is what has been ever practised.
Sixthly, I may add further, 6 1.19 that it were a great oversight in Politics, and an Injustice, if his Majesty did not imploy Catho∣lics; for it is most fit, in all his great and small Services, he should intermix those he might
most intirely confide in by the Unity of their Interest, by which a commendable emulati∣on would be betwixt them, who should serve him best, or at least his Wisdom or Umpirage would be best known, by chusing what Council to fol∣low, when they proposed dif∣ferent Mediums; and it would keep either party in that Golden Mediocrity, which is most use∣ful to Princes.
As to Injustice (which Epi∣thet, whoever would fasten up∣on a Prince, robs him of one of the noblest Flowers of his Crown) can it be other in a Prince not to bestow Rewards, Honours and Offices (that are solely dispensable by himself) to his serviceable Subjects, or such as have suffered for their adherence to him, or his Family, and persevere in it? and none can deny but some Catholics are such: And all Catholic
Princes would judge our King a very unequal Distributer of his Favours, and to have no great Zeal for his Religion, if he should not countenance and prefer some of his Catholic Subjects: Yet none of those Acts of boun∣ty or choice he can do, if he cannot dispense with penal Laws.
Yet for all this gracious and just Favour to Catholics, I do not see, that by any the remotest consequences, either the King doth design, or that it is his Inter∣est by them to extirpate the Pro∣testant Religion, but rather to conciliate a better Union be∣twixt them, by conversation and mutual Service; that, in as much as in him lies, by the experience now, of that good Accord betwixt them, in the Civil and Military management of Affairs, a better understanding may be betwixt them, even un∣der a Protestant Prince: Though
it is to be doubted that, however now we grudge, that a few Ca∣tholics are in Commission, and are peevish because any are im∣ployed besides Protestants; yet who ever lives to see a Prote∣stant Successor, will not find the same reciprocal Favours to Catholics.
THe Reason that presseth me much to believe, that the King neither Designs, nor thinks it his Interest to introduce the Catholic Religion, so as to ex∣trude the Church of England, is the moral impossibility, that so wise and generous a Prince, and so great a lover of his Coun∣try,
(however his wishes may be, in his Judgment, thinking it conducib••e to the Salvation of their Souls) will undertake a Business that requires a long long Age to effect, and must render those days he hath to live (which I wish many and many) full of disquiet and anxie∣ty, if not of Blood and Carnage. For it is a Princes paramont Interest to consult the safety of his Government; and where he governs Subjects (as his are cir∣cumstantiated) so to manage Affairs, as he may not weaken his Kingdoms defence against his watchful Neighbours, by giving the Power into a few hands, against the hundred times more numerous, and consequent∣ly more able to serve him in his Defence, or give opportunity to such (as we may be sure, are not true to the Principles of the Church of England of non-re∣sistance) to raise some formida∣ble
disturbance, which the Ca∣tholics singly will not be able to quell.
It is very evident, that the Doctrine professed by the Church of England, is uncon∣ditioned Loyalty; and the Members of it, that understand best the Doctrine, and their Duty, think in this particular they carry the Prize from all other Church-Societies.
But they are not all to be re∣puted Members of the Church of England, who go by that Name; there are some can be very loyal to a Protestant King, but can be factious, seditious Male-contents, and sowers of jealousies and fears under a Catholic; and think it no sin to be regardless of his Honour or Success. And if any Rebellion should happen (which God a∣vert) they would think it their Duty to sit still; and others who fight for pay only (of which it
may be presumed there are ma∣ny of the Common Sort) if up∣on any Revolt they had a pro∣spect of Money, and the better securing of the Religion they value, would swiftly run over to that side, where they might hope for both. Besides which, the indefatigable Common∣wealths-men, Male-contents, Non-conformists, and several of the Zealous true Protestants Associaters, and Exclusionists, would combine in opposition to barefac'd Popery; for they are all threaded on one String, the same Iron Sinue runing through them all; so that if by any Wars abroad, or Intestine Dis∣contents at home, any Cala∣mity should happen, (which may fall out under the pru∣dentest and wisest Prince) It is to be suspected by the mere ter∣rible Engine (the fear of losing their Religion) the Body of the People would consider their
strength only, and make their Loyalty give place to their great Concernment; and neither re∣gard the Kings Sovereignty, or the Loyal Principles of the Church of England, but forget all Duty, and Reverence, to se∣cure that which (they would make us believe) is dearer to them than their Lives and For∣tunes; and then the Catholics, and true Sons of the Church of England, would be only left to abide the shock of all the rest.
And though such a Prince as ours, is not to be affrighted out of his Methods: yet we may rationally Judge that he consi∣ders all this, and must compute what Hearts and Hands he is sure of; and will not embarras and imbroil himself in Matters so difficult to accomplish, and make his Reign uneasie to him∣self, by imposing a Religion upon his Subjects, they are so much Strangers unto, and have
such an aversion from, and to no other end, but to force his people at the best to become Hypocrites.
Having thus, I hope, cleared that Point, that the Protestant Religion is in no such danger as timerous, or designing Persons would have us believe: I come now to speak more particularly to the Test, which is looked up∣on as the very Barrier, Rampire and Citadel, that is only left to defend us against the over∣powering Attacks of Popery; which some Men would make us believe, if it once be yeilded up to the Kings demolishing, no visible hold is left to prevent the whole Nation's being subdued to the Catholic Religion.
I Shall first therefore endea∣vour to shew the Nature of the Test, and the occasion of the making of it; and the several Reasons why it may be prudence to revoke it, and other penal Laws. And lastly, the incon∣veniences of denying to repeal it, and so draw to a Conclu∣sion.
* 1.20It must be owned, that it hath been the Care of most Prote∣stant Parliaments, especially since the late Kings Restauration, to secure the Militia, and the Kings Guards, and standing Forces in the hands of Prote∣stants only: Therefore in the Act for Setling the Militia,
Anno 1661, the taking of the Oaths of Allegiance and Supre∣macy were injoyned; and when it was known, that our King had left the Communion of the Church of England, the Houses began to be more intent upon finding out ways to secure the Protestant Religion; and then those, who afterwards, pushed forward with such violence the Bill of Seclusion, having gain∣ed so specious opportunity, to lay all the stress of their Con∣trivances, upon the necessary endeavours to secure the Prote∣stant Religion, under the noti∣on of protecting the Person and Government of our late King, and preventing a Popish Successor, from Arming Catho∣lics to the hazard of the Prote∣stant Religion; They prevailed upon the King to give his As∣sent to the Bills.
I shall now give you a Breviate of it, in the words of the Act,
and give some short Notes up∣on them, and then proceed.
* 1.21The Title of the Act is, For preventing dangers which may hap∣pen from popish Recusants. And the preamble adds, For quieting the minds of his Majesties good Subjects; It is enacted,
That all and every person or persons, as well Peers, as Commoners, that shall bear any Office or Offices, Civil, or Military, or shall receive any Sallary, Fee, or Wages, by reason of any Patent, or Grant from his Ma∣jesty, or shall have command, or place of Trust, from and under his Majesty, or from any of his Majesties Predeces∣sors, or by His or Their Authority, or by Autho∣rity derived from Him or them, within the Realm. &c. or in his Majesties Navy;
I slands, &c, or shall be of the Houshold, or in the Service, or Imployment of his Maje∣sty, or of his Royal Highness, the Duke of York, &c. shall personally in the Court of Chancery, or Kings-Bench, take the several Oaths of Su∣premacy and Allegiance, and receive the Sacrament of the Lords Supper, according to the usage of the Church of England; and the like for all Officers to be admitted to any Office for the future, within a time limitted. The Neg∣lecters, or Refusers to be ad∣judged incapable of any other Office, or to Sue, use any Acti∣on, Bill, Plaint, or Informa∣tion in Courts of Law, or prosecute any Suit in any Court of Equity, or to be a Guardian to any Child, or Executor, or Administrator of any Person, or be capable of any Legacy, or Deed of
Gist, or to have any Office, and shall forfeit 500 l.
The persons obliged to take the Oaths, shall at the same time make and subscribe the Declaration following, under the same penalties, and forfei∣tures, as by the Act appointed.
The Declaration is in these words,
I A. B. do declare that I do believe, that there is not any Transubstantiation in the Sacrament of the Lords Sup∣per, or in the Elements of Bread and Wine, at, or after the Consecration thereof, by any person whatsoever.
There is a Provision that this Act shall not hurt or prejudice the Peerage of any Peer of this Realm, either in time of Parli∣ament or otherwise: But this was in the next Act fully va∣cated.
* 1.22The second Act is Intiuled, An Act for the more effectual pre∣serving the Kings Person and Government, by disabling Pa∣pists from sitting in either House, and the Preamble adds,
That for as much as divers good Laws have been made, for preventing the increase and danger of Popery in this Kingdom, which have not had the desired effect, by reason of the Liberty which of late some of the Recusants have had and taken, to sit and vote in Parliament: Therefore, it was Enacted, That no Peers of the Realm, and Members of the House of Peers, should Vote or make their Proxy in the House of Peers, nor any sit there, during any debate in the said House; Nor should any Members of the House of
Commons Vote, or sit there during any debate, after the Speaker was chosen; until they respectively take the Oaths of Allegiance and Su∣premacy, and make, and sub∣scribe, and audibly repeat the Declaration following.
I A. B. Do solemnly and sincerely in the pre∣sence of God, Profess, Testifie, and Declare, That I do believe that in the Sacrament of the Lords Supper, there is not any Transubstantiation of the Body and Blood of Christ, at or after the Consecra∣tion thereof by any per∣son whatsoever; and that the Invocation or Adora∣tion of the Virgin Mary, or any other Saint, and
the Sacrifice of the Mass, as they are now used in the Church of Rome, are Superstitious and Idola∣trous.
Likewise no Peer of Eng∣land, Scotland or Ireland—be∣ing twenty years old, nor any Convict Recusant, that takes not the same Oaths, and make and subscribes the Declaration, may advisedly come into, or remain in the presence of the King or Queens Majesty, or come into the Court or House, where They or any of Them reside.
Every Peer, or Member thus offending, shall be deemed and judged a Popish Recusant, and suffer as such, & be disabled to hold or execute any Office or place of Profit or Trust, Civil or Military, in any of His Ma∣jesties Dominions, &c and shall
not Sit or Vote in either House, or make a proxy in the house of Peers, or have any benefit of the Law, as in the foregoing Act, and shall for∣feit 500 l.
Also every sworn Servant of the King, not having per∣formed all things in the for∣mer Act required, shall do what this Act enjoyns, or shall be disabled to hold any place as sworn Servant to the King, and suffer all the Pains, and Penalties aforesaid.
The Proviso's are, That Nine of the Queens Men-ser∣vants, natural born-subjects of Portugal, and as many Wo∣men-servants, such as shall be nominated by the Queen, un∣der her Hand and Seal, are ex∣empt from the taking these Oaths, &c.
Secondly, That none be re∣strained from coming or resi∣ding in the King or Queens
presence, &c. that shall first obtain warrant so to do, un∣der the Hands and Seals of six, or more Privy Council∣lors, by order from his Ma∣jesties Privy Council, upon some urgent occasion, there∣in to be expressed; so that such Licence exceed not the space of ten days at one time, nor thirty days in one year, and such Licence to be re∣corded in the Petty-bag-Office. Lastly, That nothing in this Act shall extend to his Royal High∣ness the Duke of YORK.
* 1.23Whoever peruseth these Acts (in the circumstance we now are in) will easily, I think, yield, that whatever tempora∣ry uses there could be former∣ly of them, yet they could ne∣ver be put in practice by a Ro∣man Catholick King, or that he could suffer the execution of them, as I shall more at large shew in the following Discourse.
In this place I shall only touch upon some few Heads. As,
* 1.24First, Concerning the seve∣rity in General, upon those who could not renounce the Do∣ctrine of Transubstantiation, Invocation or Adoration of Saints; these being purely Me∣taphysical Points of Religion, setled by Pecrees of Councils in the Roman Catholic Church; oblige those of that Communi∣on to believe them, under the penalty of an Anathema; yet I think it is not easie to prove, that these Doctrines have any Natural Tendency to induce the Believers and Practisers of them, either to endanger the Person of the King, or the Go∣vernment, which is declared to be the principal end why the Acts were made: and as to the increase of Popery, these very Doctrines are so far from working upon Protestants, that they are the very chief impediments, which
hinder the people in General from embracing that Religion.
Therefore it must appear ve∣ry severe, that all persons, who by a spiritual obligation cannot renounce these Doctrines and Practices, should be obnoxious to those penalties, which, as convict Papists, they are liable to; and which, however vexatious and chargeable to them, redound mostly to the profit of Infor∣mers, Bayliffs, Clerks, and such persons as bear no proportion of Merit or Interest in the Go∣vernment, to those suffering Ro∣man Catholic Lords and Gentle∣men; and by such Payments, Fines, &c. the Kings Revenue is very little encreased.
* 1.25Although some may think, some of the branches were then necessary, to prevent all Ro∣man Catholics from enjoying publick employments, whereby the Managery of the Govern∣ment might solely be in the
hands of Protestants; yet what necessity was there for the out∣lawing of them, in putting them out of the protection of the King, and his Laws, or of recei∣ving any benefit by them, so that they could not recover their just debts, defend themselves from any injury done to their Persons or Estates, nor have equity done them, which is the priviledge all Subjects claim from their Sovereigns Justice.
As they must suffer all hard∣ships: so the Acts provide that no Protestant, or other, should be beneficial to them, being de∣prived of all the usual ways, whereby advantages accrue to any, either by the Living or the Dead, in that they might not be Guardians, Executors, Administrators, or receive any Legacy, or Deed of Gift.
Whoever considers these things with a sedate and com∣posed mind, undisturbed with
Bigotry, Suspition, or Envy, must think this punishment in∣tended to keep the Roman Ca∣tholics in perpetual poverty and vassallage: which no Roman Catholic Prince can take plea∣sure to see, or endure.
* 1.26As to the prohibiting all Ro∣man Catholics, or any other re∣susers of the Oaths and Decla∣rations, advisedly to come into the Kings Presence or Courts; there might be some colour for such a prohibition, during the time that a Protestant Prince was thought to be in personal danger from Roman Catholics; but surely at any other time it appears a strange ungentileness to retrench a Sovereigns atten∣dance, and shews a very unbe∣coming diffidence in the Wis∣dom of a Prince, and his Pri∣vy Council, as if they knew not whom, and when to prohi∣bit Access to their Royal Per∣sons and Court; which by di∣rection
to the Lord Chamber∣lain, or by Proclamation might be done upon Emergencies. It looks like a suspition, that the hinderance of the Access of Ro∣man Catholics was rather that they might not represent their sufferings, explain their Religi∣on more favourably, make Prose∣lytes, or interceed for some ac∣cused; which though not ex∣pressed in the Act fully, yet may well enough be interpre∣ted from the words, prevent∣ing the increase of Popery.
I know there is a provision upon obtaining of licence; but that could extend to very few, who either could be at the ex∣pence, or obtain the favour of an Order of Council for that purpose, and so all indigent Catholics, who for their suffer∣ings for Kings Charles the Mar∣tyr might merit the late merci∣ful Kings regard and benigni∣ty were utterly, excluded.
* 1.27But if we suppose these Acts as necessary and equitable, as the greatest Sticklers for them could evince, while the Plot was be∣lieved; I think no person endow∣ed with common civility, will think it fit they should be impo∣sed upon our present Sovereign; nor will they think it equitable and just, that any Roman Catho∣lic King should deal in the same manner with his Protestant Sub∣jects. And I presume the Gol∣den Rule to do to others as we would be done by our selves, should influence publick as well as private affairs.
* 1.28As to the Kings sworn Ser∣vants, It must be very severe upon several of them, whose fortunes were bottomed upon it; and it was a very unbecom∣ing restraint, that a Sovereign should dismiss his Domesticks, though never so experienced and faithful, for that, which, it may be few Members of the
Houses would discard a Trusty Menial Servant for.
As to the Queens Servants, it had been contrary to the Law of Nations, to have imposed such Oaths and Declarations up∣on such as were naturaly born Subjects of Portugal; yet in that they were limited to so small a number as nine (whereas her Majesty entertains near thrice the number of Religious) it shewed but little consideration of the number of Servants in the Family of so great a Prin∣cess.
But I need not trouble you with the consideration of these, as moving in a lower Sphere; for what ever will induce the two Houses, to reinstate the great Orbs in their places, and capacitate them to ex∣ert their due Powers, will prevail to restore the Satellites of the great Luminaries.
Therefore I shall now pass to
the ejecting the Roman Catho∣lic Lords out of their House, and depriving them of their Birth-rights.
* 1.29By the Kings Royal Prero∣gative, the Power of Creating a Baron and Peer of the Realm, is only in the King, as the Ori∣ginal Donor of all Honours, from whom all Dignities flow, as from a Fountain, to all his Subjects.
* 1.30This Honour consists not only in obtaining a swelling Title and Degree of precedencie, as special Marks to them and their Families of Princely Favours: but likewise hath, for many hundreds of years, had annexed to it a right of being a Mem∣ber of the House of Peers, sit∣ting and voting there; and thence they are stiled frequently Hereditary Councellors, who constitute the Kings Supreme Court of Judicature.
In the Saxon times, and long
after the Conquest, we find none but Bishops, Abbots, Priors, and these (stiled Magnates or Proceres) to constitute the General Councils, which we now call Parliaments; tho it seems, by what we can col∣lect from the Ancientest Au∣thors, the King summoned which of these he pleased, and did not tye himself to continue it to their Posterities.
* 1.31But in the Great Charter of King John, we find he granted, that he would, by special Let∣ters, summon to these Great Councils, in Assessing all Aids and Scutage, the Arch-Bishops, Bishops, Abbots, Earls, and great Barons of the Realm. * 1.32 So in the Great Charter of Hen∣ry the Third, those are first provided for; and a severe Ex∣communication was wont to be pronounced, by all the Bi∣shops, in presence of all the Lords and Commons, against
the Infringers thereof: And it is obvious to all, who know any thing of our Laws, how Sacred an Esteem the Great Charter hath had, being stiled, The Charter of the Subjects Li∣berties, and looked upon as the Standard of the Subjects Priviledges; so that some are of opinion, that even Acts of Parliament, contrary to Magna Charta, are void.
* 1.33This Right of Barons sitting and voting in Parliament, is specially provided for in their Patents of Creation, which may be seen at large in Mr. Selden: And, as to what relates to our purpose, is contained in these Words, after the Recital of the Words of Erecting and Creating them and their Heirs-males to the Name, State, Degree, Stile, Dignity, Title and Ho∣nour
of a Baron, &c. That they shall be treated, held, and re∣puted such, &c. and every one of them to have, hold, and possess, seat, place, and voice in our Parliaments, Publick Con∣ventions and Councils, and of those of our Heirs and Succes∣sors, within our Kingdom of England, amongst other Barons and Barons of our Parliaments, publick Conventions and Coun∣cils.
This having been the long used form of the Patents grant∣ed by our Protestant Princes, it is not only an abatement of what the Sovereign intended for their well-deserving Sub∣jects, and a violating of that peculiar Right, which was de∣signed to be transmitted to their Posterities, and thereby a degrad∣ing of Roman Catholic Peers of so importent a priviledge; but it wrests out of the Kings hands a Royal Prerogative he
hath Jure Coronae, to make and create the Members of that most Honourable House, which is his Supreme Court of Judica∣ture. The ill Consequences that may follow such Retrench∣ment, being well worth serious Reflections; and of the Kings Prerogative, I having occasion hereafter to treat more largely, shall add no more here, but on∣ly hint to you the Resentments of some Parliaments, when they have wanted their Mem∣bers, and close this Head with some short Reflections (which with all due deference to better Judgments, and those whom it may most immediatly concern) I shall only offer to be consi∣dered.
* 1.34Anno 1255. The Earls and Barons absolutely refused the King any assistance, or answer at all to what he demanded, be∣cause all the Barons were not at that time called accord∣ing
to the Tenure of Magna Charta.
* 1.35So the Acts of the Parlia∣ment of the 21th of Rich. 2. and all the proceedings therein were totally repealed and nulled by the first Parliament of King Henry the Fourth, because the Lords, who adhered to the King, were summoned by him to the Parliament, and some of the op∣posite party imprisoned, im∣peached, and unsummoned.
* 1.36When King Charles the First, sitting the Parliament, confined but one Member, the Earl of Arundel, the whole House of Lords Remonstrated and peti∣tioned the King to take off the restraint, and to admit him to sit, and serve the King and Common-wealth in the great Affairs of that Parliament.
So the Lord Digby, Earl of Bristol being not summoned, the Lords ordered his Admissi∣on to Sit, as his Birth-right;
* 1.37from which he might not be de∣barred, for want of summons, which ought to have been sent him ex debito Justitiae, as Sir Edward Coke affirms.
* 1.38When the same King Charles demanded the Five Members, the Two Houses grew exceed∣ingly disquieted at it, and would meddle in no other Business, but adjourned themselves to Guild-Hall, London, till the King should give them satisfaction in discovering the Authors of that Counsel. The stress of whose Argument in their Messages to the King, Nov. 2. 1642 was, That by that means, under false pretences of Crimes, and Accusa∣tions, such and so many Mem∣bers of both, or either House of Parliament, may be taken at any time, by any person to serve a turn, and to make a Major part of, whereby the freedom of Parlia∣ment would be destroyed, which, they say, dependeth in a great
part on this priviledge, because without it, the whole Body of Parliaments may be dissolved, by depriving them of their Mem∣bers by degrees, some at one time, and others at another.
* 1.39The same mischiefs which they urged might happen to the Being and Constitution of Par∣liaments, by the Kings depriving the House of five Members; may happen upon the Houses ex∣cluding their Members by Vote: against which Mr. Prynn makes so great an Out-cry, and from this unparallell'd president (ex∣cept in the long Parliament) of expelling Members for their opinion in Religion: * 1.40 All Lo∣vers of the so excellently com∣posed Constitution of the Two Houses, may do well to consi∣der, what an Inlet it will make to the Imitation of the likely designing Men, when they shall have any Intrigue in hand to expel Members of other Qua∣lifications.
* 1.41Surely we ought not to forget, how much it prolong'd our mi∣serable slavery, under the Usur∣pers, when no Members (how duly soever chosen by the Free∣holders) were admitted to sit, unless they were so and so qua∣lified, and made a Recogniti∣on to own the Usurped Govern∣ment, and to Act nothing con∣trary to the Model of it.
I think it no great Commen∣dation in us to be in Love with such a Copy of the same, tho drawn in Oyl-Colours, and made more lasting and obliging by the Legality of it.
When Queen Elizabeth was in greatest danger, from Ro∣man Catholics (even while her Rival lived) she could not be in∣duced to deprive the Roman Catholic Lords of their places in Parliament.
* 1.42I think we ought to remem∣ber what dismal effects follow∣ed the Seclusion of the Bishops
out of the House of Lords; and that upon the Kings Restau∣ration, none appeared more forward and zealous to have them brought into the House of Lords again, than the Roman Catholic Peers did, which A∣ction none, I think, will inter∣pret to have proceeded from their Love to their Religion, but solely to the tender regard they had to Justice, and the true Constitution of Parlia∣ments; and if the Bishops and Protestant Lords, had thought fit to have been as careful of the Birth-rights of those few Catholic Lords, that were Mem∣bers of their House, in all pro∣bability our Religion had been in as little danger by their stay, as it hath been better'd by their expulsion; for they neither were then, or are like to be so numerous in that House, as to carry any Vote to over∣throw or weaken the Ex∣ercise
of the Protestant Reli∣gion.
* 1.43It must be owned that Acts of Parliament are to be looked upon as Laws the Subjects ought to yield all Obedience to: But it is likewise to be consi∣dered, that such Temporary Acts, which upon Emergencies, and to serve a juncture, have altered any Ancient or Funda∣mental Constitution of the Go∣vernment, robbed the King of any useful Prerogative, or the Subjects of their Birth-rights; as likewise all such as by Revo∣lution of Time have the Causes, for which they were made, ceasing: have been rarely found conducible to Publick Good, or of any long continu∣ance.
It is true, our present Sove∣reign was personally excepted from the severity of these Acts; but it is well known that some great Members of the Houses, de∣signed
to have him presented by the Grand-Jury as a Recu∣sant, in order to his Convicti∣on as a Roman Catholic; and the Judges, for discharging the Jury too soon (as the designers alledged) whereby an Indict∣ment could not be brought in, were severely censured by the House of Commons.
This was not all; for the hot∣test Zealots were for proceeding upon the Statute against being Converted or Reconciled to the Church of Rome; upon which they would have grounded an Indictment of Treason. And whoever considers all the Argu∣ments of the Exclusionists; will find they were bottom'd upon the severe Laws against Pa∣pists.
So that if his Royal Brother had been wrought upon to have consented, it had been easie, by the force of the penal Laws against Roman Catholics, not
only to have deprived our So∣vereign of his Right of Suc∣cession, but of his life also.
Since therefore it is so evident, that the penal Laws against Ro∣man Catholics (as they now stand in force) are not only de∣structive to the Subjects proper∣ty, but endanger as much the Rights of Hereditary Princes: In my Judgment the King hath sufficient reason to require their repeal, and all Lovers of our Monarchy (reflecting upon the hazard his Majesty was in, from them) have reason to use their utmost endeavours to have such abrogated.
Surely we cannot but re∣flect how things were pushed on after the credit given to that perjur'd Man's Plot. How a traiterous party designed the late Kings Murther, the over∣throw of the Monarchy, or at least the utter secluding of our Gracious Sovereign, and never
rested, till they had formed the Rebellion in England and Scotland.
So that when we consider how these Laws were obtained, in a time when the Affrights, Heats and Ferments of the Nation were so great, and the drift of the Enemies to Monar∣chy, and the Kings person, were not sufficiently discovered; and when we consider that those so fair-blown Blossoms, so deli∣cately striped, with the beauti∣ful Colours of Religion, and Property, and Priviledges, were succeeded by the most poisonous Fruits:
And that those men who pre∣tended so much care of the Protestant Religion, manifestly designed the Eclipsing at least, if not the overthrow of the Church of England, by their Bill of Comprehension; who∣ever, I say, considers these things deliberately, cannot think the
King hath any reason to be in Love with these Acts, which were made so Diametrically opposite to his Regality, and which would so manacle his hands, that he might have no power to bestow Places or Of∣fices upon his Catholic Sub∣jects.
Having premised these things in Gross, I shall now proceed to give you some of the many reasons, why I think the King hath just cause to insist upon the Repeal of these Acts, and all other Sanguinary Laws.
* 1.44First, If there were no other reason why he should earnestly endeavour the abolishing of them, This one thing seems to me sufficient, in that all his Subjects, who are capacitated to serve Him, must solemnly declare the King (or the Church he is in Communion with) Ido∣laters, than which sin I think
no Christian can be guilty of a greater, except that of the so inexplicable sin against the Ho∣ly Ghost. If I were a Military man, I should be very diffident of success, or that God would prosper my Arms, while I fought a Princes quarrel whom I judged an Idolater. And if I did not believe it (as their whole Church so solemnly de∣nying any properly Divine Worship to be given by them to any but God, methinks should hinder me) and yet were ob∣liged so solemnly to declare it, I should think I scandalized my Prince in the highest degree, mocked God, and gave a lye to my Conscience: So that how∣ever useful it might be to deter persons of the Roman Faith from taking it, and so to inca∣pacitate them; yet I cannot see how a Catholic Prince can countenance or need it: And how either the King himself,
or his Catholic Subjects can di∣gest such publick avowing them Idolaters, I leave to any ratio∣nal man to judge: And especi∣ally the King, being, I doubt not, throughly convinced in his own Conscience, that he is no Ido∣later (for I think gestures only, without some kind of intention of paying Divine Honour to something that is not God, will not make a person guilty of that damnable sin) It cannot but concern him in Conscience to prevent, as much as in him lies, his Subjects averring so scan∣dalous an untruth (in his Ma∣jesties own belief at least) and which assertion carries with it another ill consequence, that every one is not aware of: For the Ordination of our Bishops coming from the Church of Rome, if that be Idolatrous, it is no more a Church of Christ, but a Synagogue of Satan: And if it be no Damage, I am sure
it is no Credit to derive a suc∣cession from it.
Secondly, 2 1.45 Another reason a∣gainst the Test may be, that now there is no use of the di∣rect intendment of the Act; because the end for which in great part it was made, is now obsolete, and totally ceaseth: which I hope will be clear to them that consider, that the power of the Militia, and the disposing either directly or in∣directly of all the places of Ser∣vice and Trust, are in the King: So that though it was but ra∣tional, that those persons, to whom Protestant Kings com∣mitted Arms and Offices, should be assured of them in fidelity, (which the being of the same Religion induceth a Prince to confide more in) lest their Persons or Government might be in danger from any armed with power, that were Catho∣lics:
So that it was but consen∣taneous to the Sovereign Power, in disposal of the Militia and Offices, that a Protestant Prince might refuse to be served by Catholics: and lest any such might get into Imployments, he might be willing to consent to the most effectual discrimi∣nating Test that could be invent∣ed to debar them.
But now the King is secure from any apprehensions of the least danger to his Person and Government from Catholics, and can have no more doubt of the Allegiance of Catholics (without such Oaths or Decla∣rations) than a Protestant Prince could have of his Protestant Subjects under the engagement of those Oaths.
Here we may en passant ob∣serve a considerable difference betwixt the method of our King, and those of former times. Now we repine, and are greatly ala∣rum'd,
as if all were lost, be∣cause here and there a Catho∣lic Officer is Commissionated: whereas the King imploys treble the number (yea some say, Ten Officers that are Protestants, for one Catholic) and the Soldiers are generally Protestants; whereas before, not one Known Catholic was capable of any Imployment: We might have indeed some reason to murmur and repine, if the King should commissionate none but Catho∣lics, yet that would be but Lex Talionis, turning the Tables.
Therefore since he hath the power of dispencing with that Law, as appears by the Sen∣tence in the King's Bench, we have reason to be thankful to the King, for the distribution of his favours so liberally to Pro∣testants, which hath been so long denied to Unfortunate Catholics; who, if their Religi∣on did not incapacitate them,
as Englishmen, Fellow-Subjects, and Gentlemen, are as fit for all sorts of Imployment as Prote∣stants: And I doubt not but now that they are imployed, will as Bravely, Honourably, and Cir∣cumspectly discover their abili∣ties, and, I hope, will keep so good a correspondence with Loyal Protestants, that are their Fellow-Servants to so great a Master, that the King may at least have that satisfaction, that he can unite them in a Camp, which he cannot do in a Church; and shew his great wisdom in Government, that he can be faithfully and effectually served by all his Sub∣jects of different Religious Inte∣rests: And though the endea∣vours of several to explicate the Roman Catholic Religion more approachingly to the sentiments of Protestants, have not as yet had that effect they wished, yet it may be useful to let us see, that
in affairs of State and Govern∣ment, such an intercourse and mixture may be, as former Ages have not known; and by the Conduct of our Gracious and Wise King, may be laid a foun∣dation for better accord in fu∣ture times, that we may not be at such feuds among our selves.
It is true, that under a Pro∣testant King, there might be some reason to maintain the Protestant Church, so as it might neither be indangered by the Roman Catholics, or Pro∣testant Dissenters, and by San∣guinary Laws (tho rarely put in use) people might be deterred from being of any other Com∣munion; yet we cannot think that the same measures can be taken now, such circumstances varying the methods of proceed∣ing; and in Government and Politicks new Emergencies may, yea must, render old Axioms obsolete.
Hence we take notice how imprudent these Informers are, who in our King's Reign, (more out of pretence and im∣potent zeal, than for any good concern to the Church of Eng∣land) tempt the Justices, and instigate them to prosecute Ca∣tholics, by binding them to Ses∣sions and Assizes; for what can be expected from this, but it will exasperate the King, and discover how desirous these are to persecute them, tho they know he will pardon the Trans∣gression, in as much as it relates to himself.
Thirdly, 3 1.46 Having thus far treated of the Natural and Re∣ligious Grounds the King hath to demand to have the Act re∣pealed; I come now to the politic and more necessary part, as it relates to the legal consti∣tution of the Government, which, by this Act of the Test,
suffers a great alteration in the abridging the King of an un∣doubted Prerogative of the Crown.
For the illustrating of which, I shall first give you the opini∣on of the most Celebrated Writers of the English Laws, of what nature the Kings Pre∣rogative in general is. Secondly, That the Leigance of the Sub∣ject to his Sovereign, is judged among the principal Preroga∣tives of the King. Thirdly, How tender our English An∣cestors have been of the Royal Prerogative. Fourthly, That the Test deprives the King of the Leigance, and of that Funda∣mental Prerogative of having the service of his Subjects. And, Lastly, Conclude with some In∣ferences from these Considera∣tions.
* 1.47As to the first, a 1.48 Sr. Edward Coke saith the Prerogative ex∣tends to all Power, Prehemi∣nence
and Priviledge which the Law giveth to the Crown. b 1.49 Bracton calls it in one place the Liberty, in another the Pri∣viledge of the King. c 1.50 Bretton (following the d 1.51 Statute) calls it Droyt le Roy, and the e 1.52 Re∣gister stiles it the Kings Right, and the Royal Right of the Crown.
My Lord f 1.53 Coke saith, the Pre∣rogative of the King is given him by the Common Law, and is part of the Law of the Realm. g 1.54 Stanford saith the Prerogative hath its Being from the Com∣mon Law, and the Statutes are but declarative. Properly speak∣ing, the Prerogatives of the Crown are such powers as the Kings of England have reserved to themselves, as most necessa∣ry for the support of their Dig∣nity, and the Government.
Therefore h 1.55 Sr. John Banks in his argument about Ship-mony, affirms that the Jura Summae
Majestatis, which are the Pre∣rogatives, are given to the per∣son of the King by the Common Law, and the Supreme Dominion is inherent in his Person.
Another judicious i 1.56 Lawyer, out of the Authorities he there cites, saith, The Prerogative is inseparable from his Person, not grantable over, it is always stuck upon the King or Crown, and be∣ing inherent to the Majesty of a King, and part of the matter of that Majesty, is no more grantable, than the Majesty it self, or a Royal member of the Imperial Stile. These are the Characters given to the Kings Prerogative in ge∣neral.
* 1.57Let us now in the second place consider, that among the Prerogatives of the Crown, It hath been always accounted one of the eminentest, principal, and fundamental ones, that the King, and none but he, may at
his own pleasure command the service of all, and every his Sub∣jects in his Wars, and other Ministerial Offices, which they are bound to, by their Natural Allegiance.
Hence k 1.58 Sr. Edward Coke stiles Leigeance the highest and grea∣test obligation of Duty and Obedience that can be, and de∣fines it The true and faithful obe∣dience of a Liege man to his Liege Lord or Sovereign, and so calls it * 1.59 The Ligement or bond of Faith, and the essence of the Law, and in l 1.60 another place he affirms, That it is not in the power of any Subject to dissolve this Obli∣gation, saying, That he that abjures the Realm, may loose the Kingdom, but not the King, may loose his Country, but not the Fa∣ther of his Country; agreeable to what another eminent m 1.61 Lawyer asserts, That none can divest himself of his Country, in which he is born, nor abjure his
due Allegiance, nemo patriam qua natus est exuere, nec lige∣anciam debitam ejurare potest.
In Calvin's Case the famous n 1.62 Chief Justice saith, That Lie∣geance and Obedience is an Inci∣dent inseparable to every Subject: For as soon as he is born, he oweth by Birthright, Liegiance and Obe∣dience to his Sovereign, therefore in several Acts of o 1.63 Parliament, the King is called The liege and natural liege Lord of his Subjects, and his people, natural liege Sub∣jects. So that the liegiance is due to the natural person of the King, by the Law of Nature, which is immutable; is part of the Law of England; and was before judicial and municipal Laws, as the same great Au∣thor affirms.
Long before him p 1.64 Bracton saith, That things which are an∣nexed to justice and peace, belong to none but the Crown, and dig∣nity Royal, nor can they be sepa∣rated
from the Crown, for they make the Crown.
It is a known maxim in Law, saith the learned q 1.65 Judge, that every Subject is bound to defend the King, and to go with the King, and to serve in his Wars, as well without, as within the Realm.
The Liegeance to the Prince, saith a singularly well read r 1.66 Lawyer, is immutable, and ab∣solute, in all places: It obli∣geth in all ubi's, and the liege man ought in duty of this faith, to perform to his Lord the Of∣fices of a Subject, when ever he shall need his assistance, against all who mori possunt aut vive∣re, can die or live.
This is clear by Law and Reason. In the 48 s 1.67 H. 3. the words of the Law are, That the Knights and Free-tenants, and all others were obliged to the de∣fence of the King: And so 12 E. 3. All and every single per∣son
are bound to defend the King.
Thence it was, that a t 1.68 Parlia∣ment judged it High Treason in Nicholas Segrave, that he with∣drew himself from the Kings Hoste, leaving the King in dan∣ger of his Enemies.
The ground of all which is what u 1.69 Bracton so long since hath noted, that to receive Justice and Protection, are the great∣est benefits of this Life, and there can be no use of w 1.70 Rulers without these Attributes; for if the Sovereign be abridged x 1.71 of the Prerogative to exact Obe∣dience and Liegiance from his Subjects, he hath but a small portion of the Sovereignty; indeed his Kingship must be pre∣carious, as depending only on the good Nature of his Sub∣jects.
Thence the Attorney y 1.72 General in the Argument of Ship-money saith, The King (as Head of the
Politic Body) is furnished with intire Power and Jurisdiction, not only to minister Justice in Causes Ecclesiastical and Temporal unto his People, but likewise for de∣fence both of the one and of the other: Whence the Clause in∣serted in the Register, Ad pro∣videndam Salvationem Regis.
Bracton z 1.73 saith, The Life and Members of every Subject are in the Power of the King: And a a 1.74 Record saith, Vita & membra sunt in manu Regis; both which are understood, that the King hath sole Power to command their Service in his Wars, or other∣wise as he hath occasion.
The Lord Chief b 1.75 Justice saith, That if any Privy Councellor, or other, cause one to enter into an obligation to serve the King, it is void; every man being bound to serve him without it, and such Writings are declared dishonour∣able; being every man is bound to defend the King and his Realm,
and to do the service that apper∣taineth to him as his Liege Lord.
The King c 1.76 is stiled the Sove∣reign and Chief Captain of Arms, all Power is his, no man may use Arms, so much as in Turnament, Tilt, &c. without the Kings License: The d 1.77 Statute of Array is full in this, tho' not printed.
This is further illustrated in that, if a Sheriff return that he is resisted in serving the Kings Writ; it is declared not to be good, because it redounds to the Kings dishonour, being pre∣sumed the King can command every one to obey: and the Sheriff hath Authority from him to raise the Posse Commitatus.
In former Ages, the Kings absolute Power in disposing the Militia, was never disputed. It was the black or bloody Par∣liament only, that assumed to themselves coordinate Power,
and challenged the Power of ordering the Militia, for pre∣serving the Kingdom, without and against the Kings consent; which occasioned the first Par∣liament of King Charles the Se∣cond to declare in the pream∣ble of the Act e 1.78 That it is, and ever was the Kings Prerogative alone to dispose of the Militia of the Nation, to make War and Peace, League and Truce, to grant safe Conduct without the Parlia∣ment; and that he may Issue out Commissions of Lieutenancy, im∣powering them to form into Re∣giments, and imploy them as well within their own, as other Coun∣tries, as the King shall direct.
Since the taking away Te∣nures, it is true, the Method of raising Men hath been some∣thing altered; but before the imposing of the Oaths of Su∣premacy and Allegiance, and now this Test, we find no qua∣lifications of the persons re∣quired,
but that they should be habiles Corporis, of able Bodies, sit to serve the King and Coun∣try: And tho this Test doth not totally deprive the King of the service of his Subjects; yet it diminisheth his Authority, and takes away the corporal Service of a considerable num∣ber of his Liege people.
* 1.79I now pass to the third parti∣cular, in which I shall in some few instances shew how careful the Houses of Parliament have been in preserving inviolable the Prerogative of the Crown; or when by any pressing emer∣gency they have been invaded, that the Judges have deter∣mined that the Kings of Eng∣land might by a special non ob∣stante dispence with the penalty of them.
This Question about the Test being wholly new, and such a weakening of the Prerogative
as hath not been known in our Ancestors days, you cannot ex∣pect any clear discission of it in the Books of the Law. All one can do in such a case, is only to produce some Maxims, Presi∣dents, or parallel Cases that may affect it most, which with∣out the help of any ones Col∣lections, as having never perused any of the Arguments in Sir Edward Hales Case, I shall out of my own small reading offer these following to your consideration.
The Attorney f 1.80 General af∣firms, That an Act of Parliament doth not extend to take away the Common Right of the Crown, and saith, That hath been the expositi∣on of the Judges, of Acts of Par∣liament that have done so. He instanceth in the Magna Charta, of King Johns 17o Regni, where it is said, That no Scutage or Aid should be without assent of Parliament: So that in this there
was no exception of an Aid to Knight the Kings Eldest Son, or marry his Eldest Daughter; yet it was resolved in this case, that by that Charter those Aids were not abolished, they being due by the Law of the Land, and so it was declared, 25 E. 1. cap. 1.
We find an Antient Statute in King g 1.81 Edward the First's time, wherein the King speaks thus, That he bad done this for the Honour of God, the Honour of the Church, for the Common-weal, and for the remedy, disburthening and ease of them that be grieved; yet this should not be prejudicial to him, or to his Crown, but that the Right, which to him appertain∣eth, should be saved: Which Sir Edward Coke calls the Kings Right of his Crown and Pre∣rogative.
It is declared by the Lords and Commons in full h 1.82 Parlia∣ment, upon demand by the
King, That they would not assent to any thing in Parliament that tended to the disinhereson of the King and the Crown, whereto they were sworn.
This makes the Chief i 1.83 Ju∣stice censure as a great fault the omission in the printed Statute of 2 R. 2. in confirmation of Liberties these Words, Saving to the King his Regality, which are found in the Parliament k 1.84 Roll.
A Lawyer l 1.85 of no small esteem saith, The Commons of England have ever been exemplary for the tenderness of the Kings Honour, and the maintenance of the Sove∣reignty: But this was before they medled so much with Ar∣ticles of Religion.
So in latter times 3o Car. 1. both Houses declared, upon passing the Petition of Right, that they have neither intention nor power to hurt the Kings Prero∣gatives.
Thus far as to the regard our Ancestors have had to the Royal Prerogative. Now I shall in a few particulars shew the resolu∣tions of the Judges, in such Cases, when Acts of Parliament have intrenched upon them.
In the 13th of m 1.86 Richard the Second. Stat. 2. cap. 1. it was enacted, That no Charter of Pardon, unless so and so qualified, should be from thenceforth allowed by the Justices for Murther, Trea∣son or Rape, and if it were other∣wise, the Charter to be disallowed: Yet my Lord Coke saith, This did not bind the King, the granting of Pardon being the Kings Prero∣gative, incident solely and insepera∣bly to the Person of the King.
The same Richard the Second bequeathed n 1.87 certain Treasuries to his Successor, on condition to observe the Acts made the 21 Reg. This was held unjust and unlawful, for that it restrain∣ed the Sovereign Liberty of the
King his Successor. And the same Reason, saith a judicious o 1.88 Lawyer, may serve to over∣throw a Statute, which shall unjustly and unlawfully restrain the same Sovereign: Nor had, saith he, this bequest been of more strength, had it been enacted by Parliament; Injustice being Injustice, and Ʋnlawfulness Ʋnlawfulness every where.
It was p 1.89 enacted 23 H. 6. That no man should serve the King as Sheriff in any County above one year, but the Grant should be void, the person accepting it, pay two hundred pound; and it was expresly provided, that the King by a non obstante should not dispence with it. Yet it was agreed 2 H. 7. against the express provision of that Act, That the King may, by a special non obstante, dispence with the Act, because no Act could debar the King from the service of his Subjects, which the Law of
Nature did give unto him.
In the 37 H. 6. it was q 1.90 enacted, That none should be Justice of Assize, &c. in the County where he was born, or did inhabit: Yet, saith the same judicious Lawyer, the King with a special non ob∣stante may dispence with it, and gives the reason; for that it belongs to the inseperable Prerogative of the King, viz. his power to com∣mand to serve.
The same r 1.91 Lord Chief Justice, in the same report, is more ex∣press, and as full as if he had foreseen this present Case of ours, where he affirms, That no Act can bind the King from any Prerogative, which is sole and inseperable to his person; but that he may dispence with it by a non obstante, and instanceth in the Sovereign Power to command any of his Subjects to serve him for the Public Weal. For this, saith he, is solely and inseperably annexed to his Person, and this
Royal Power cannot be restrained, continues he, neither in Thesi nor Hypothesi, but that the King by his Royal Prerogative may dis∣pence with it: For all which he gives this most unanswerable reason, because upon the Com∣mandment of the King, and Obe∣dience of the Subject, doth the Government subsist.
I might add very many more Authorities, as Edw. the Thirds repealing an Act of Parliament by Proclamation, as consented to upon necessity: But I shall leave that to those whose Province it is, and close this Head with one Observation.
We are all commendably and justly tender of the preserving the Liberties and Enfranchis∣ments we enjoy, by the gracious Condescentions of our Princes, and are vigorous maintainers of our Properties; and ought we not to own, that there is as good reason, that the Kings of Eng∣land
should be as solicitous to preserve their Prerogatives which are their right? For as a most judicious s 1.92 Antiquary and Lawyer expresseth, Whatsoever belongs to the Kings Royalty, he hath as much Propriety in it, as the Subject hath in any thing that is his.
We must likewise consider, that the King is as much sworn to preserve the Right of his Crown, as the Liberties of the People: Therefore we find that branch in t 1.93 some Coronation Oaths, that the King swears he shall keep all the Lands, Ho∣nours, and Dignities of the Crown, righteous and free, in all manner whole, without any manner of mi∣nishment: And the rights of the Crown, hurt, decay or lost, to his power shall call again into the An∣cient Estate. Therefore my Lord u 1.94 Coke praiseth King Hen∣ry the Second, in that he was a great Defender and Main∣tainer
of the Rights of the Crown.
* 1.95Having dispatched these Heads, I now come to the ap∣plication of them, to the Test, which, as the Case now is, and ever will be so long as it stands unrepealed, deprives the King of the Allegiance of such of his Subjects, as either Conscienti∣ously or Designedly refuse the taking of the Oaths, and affirm∣ing the Declaration enjoyned. The Inconveniency of which is double: First, In robbing the King of so necessary and funda∣mental a Right over his Sub∣jects, in commanding them to serve him in Offices Military and Civil, without which he is but a very Impotent Sovereign, and cannot exert that necessary Justice of Protecting, Reward∣ing and Imploying his Subjects, which surely is not only much to the dishonour of the Sove∣reign, but an unsufferable re∣straint,
And if w 1.96 Imbezelling Pur∣loyning, and Conveying away the Arms, Ordnance, Muniti∣on, Shot, Powder, Habiliments of War, &c. is declared Fello∣ny; what sort of Crime shall it be in any to withdraw him∣self from the Allegiance and Duty to his Sovereign, to serve him personally when he com∣mands it?
This leads me to the Second, viz. the Subjects part, for this puts the Subject in a state and condition either of disability, or denying to serve his Sovereign at his pleasure: for those who are Roman Catholics cannot, while such, take the Oaths and make the Declaration, they being so penned, that none of that Faith can own them without renoun∣cing their Church; the Act containing nothing in its own Nature essential to Obedience, but only controverted points of Faith.
So, many others who are not willing to serve the King in Mi∣litary and Civil Imployments, by pretext, that they cannot with a safe Conscience take the Oaths, &c. Instantly obtain a Dispensation from their Allegi∣ance, which ought to be abso∣lute and unconditionate, and whatever may be the case of some few, may be of many; and consequently a Prince may be deprived of the necessary Aid of his Subjects, even when any Rebellion or Invasion should happen; for tho the King be willing to dispence with their not taking those Oaths; &c. Yet they may insist upon the penalty which they may pre∣tend they cannot be secured from.
[ Object.] Here I must answer an Ob∣jection that I foresee will be urged, that Contra Hostem pub∣licum quilibet homo est miles, against a public Enemy every
man ought to be a Soldier, and so it cannot be the intent of the Law, that the King should be deprived of his Right to arm whom he pleaseth and can con∣fide in, in such a Conjuncture; but only it was designed to hin∣der Catholics from being Com∣missionated and Imployed in times of Peace.
[ Answer.] But who ever peruseth the Act, will find no such Excepti∣on or Limitation; which is a ve∣ry rational plea against the equity of the Act, that taking away so great a Prerogative, makes no provision for the safe∣ty of the Crown, even in such cases.
I remember my Lord Coke, speaking of the statute 11 H. 7. saith, It hath a flattering pream∣ble, pretending to avoid many mischiefs, yet it was found that by colour of it, Empson and Dud∣ley, did many enormous things; therefore he observes that, When
any Maxim, or Fundamental Law of the Realm is altered, it is in∣credible to foresee what dangerous mischiefs follow.
It becomes therefore all Lo∣vers of the Monarchy of Eng∣land, to be very careful to consi∣der the dangerous consequences of taking out, or undermining any Corner Stone of that Royal Fabrick, and in this particular case to deliberate well of the dangerous sequels of such Laws as limit the Sovereign to use on∣ly persons so and so qualified.
For by the same president, we cannot tell, if a Prince should succeed that shall be a Calvi∣nist, or of any other perswasion opposite to the Church of Eng∣land, and obtaine a Parlia∣ment to his purpose, but that he may make renouncing of the Episcopal Government, or the Church of England, a conditi∣on absolutely necessary to ca∣pacitate any to serve in any pub∣lic
Imployment, and then we should find too late how cau∣tious our Ancestors ought to have been to consider conse∣quences of things.
We have a fresh instance of this in the Kings Supremacy: which Act being purposely de∣signed to abridge the Popes pow∣er here in matters Ecclesiasti∣cal, hath heightned so much the Kings Power above what the Pope, or any other Ecclesiastical Court ever had; that now the Church of England finds how much they are at the Kings pleasure, and must necessarily rely more upon the Kings cle∣mency, than upon any security they are in, by that Act: So that if some men had consider∣ed the extent of this, it is pro∣bable they would have acted with more caution and obser∣vance.
BEfore I proceed further, I think it necessary to speak something to the Sanguinary and Penal Laws against Roman Catholics; made upon the re∣jecting the Pope's Supremacy in Ecclesiastical Matters, and for securing the Sovereigns that were Protestants, and the Reli∣gion established since the Re∣formation.
For the clear illustrating of which, I shall, 1st. Shew what the Principal of those Laws were. 2ly. The grounds and reasons why they were made. And, 3ly. Shew that as to the se∣curity of the Civil Government, the ends for which they were
made, now cease; and then proceed to lay down the Incon∣veniences that will attend the not repealing of them.
* 1.97As to the first, In the 35 H. 8. c. 1. A Statute was made, where∣in it is declared Treason in any who refuse to take the Oath (commonly called of the Supre∣macy of H. 8. to distinguish it from that of Queen Elizabeth.) The persons there appointed to take it, are to swear, that, Nei∣ther the See nor the Bishop of Rome, nor any foreign Potestate, hath, or ought to have any Ju∣risdiction, Power, or Authority within the Realm, &c.
* 1.98That of Queen Elizabeth ap∣points all to swear, that, No foreign Prince, Person, Prelate, State, or Potentate, hath, or ought to have, any Jurisdiction, Power, Superiority, Prehemenency, or Au∣thority, Ecclesiastical or Spiritual, within the Realm: And in the 5th. of the Queen, the refusers
to take it, are guilty of a Pre∣munire. And in the former Sta∣tute, No man shall by Writing, Printing, Teaching, Preaching, &c. maintain, or defend the Au∣thority, Preheminency, Power, or Jurisdiction, Spiritual or Ecclesi∣astical, of any foreign Prince, Prelate, Person, State, or Poten∣tate, which was heretofore clai∣med, &c. within this Realm, for the third offence shall suffer as a Tray∣tor.
Anno 13 Eliz. cap. 2. It was Enacted, That if any person use or put in use, any Bull, Writing, or Instrument Written, or Print∣ed, of Absolution or Reconciliati∣on; or if any shall take upon them by colour of any such Bull, Wri∣ting, &c. to Absolve or Reconcile, any Person or Persons, or pro∣mise such Absolution, or Reconci∣liation, it shall be judged High Treason.
So, bringing of Agnus Dei's, Crosses, Pictures, Beads, or such
like vain and superstitious things from the Bishop or See of Rome, or any authorized, or claiming Authority from the Bishop or See of Rome, to Consecrate or Hallow the same, shall be guilty of a Pre∣munire.
27 Eliz. c. 2. All Jesuits, Se∣minary Priests, or other such Priests, Deacons or Religious, or Ecclesiastical Persons whatsoever, born within the Queens Domini∣ons made, ordained, or professed, by any Authority, or Jurisdicton, derived, challenged or pretended from the See of Rome (unless up∣on some occasions allowed by the Act) that shall be known to come into, or remain in the Realm or Dominions, shall suffer, lose, and forfeit as in case of Treason: Also all such as shall willingly, and wil∣fully receive, relieve, comfort, aid, or maintain any such (being at li∣berty and out of Prison) shall be adjudged Fellons.
Likewise to give or contribute any money, or other relief, to such out of the Dominion, or for main∣tenance of any Colledge of Jesuits or Seminary Priests, shall incur the penalty of Premunire.
I need not mention the severe Laws of that Queen against convict Lay Recusants: As con∣fining them within five miles of their Habitation, and the poorer sort that had none, to Prisons, or other Restraints; and to the end that the Realm be not pestred and overcharged with the multitude of such seditious and dangerous people, they must abjure the Realm.
King James the 1st 1o Reg. c. 4. Confirms all the Laws of Queen Elizabeth against Jesuits, Semi∣nary Priests, &c. and enjoyns the taking of the Oath of Obe∣dience, commonly called Allegi∣ance, which was more directly to oblige to Fidelity, than in point of Faith, and only enjoyn∣ed to repair to Church, and con∣tinue
there during the time of Divine Service, and not to send any to Seminaries beyond Seas.
* 1.99But in the third of his Reign, when the Gun-powder Treason was discovered, the Laws were made more severe, that If any shall put in practice to absolve, per∣swade, or withdraw any of the sub∣jects of the King, or of his Heirs from their Natural Obedience to his Majesty, his Heirs, or Succes∣sors, or to reconcile them to the Pope or See of Rome, it shall be High Treason, and those that are willingly absolved or withdrawn, as aforesaid, or willingly reconci∣led, shall be adjudged Traitors.
* 1.100At the same Parliament it was enacted, that Recusants should not come to the Court, that they should depart from London, be confined within five miles of their Habitations: Convict Recu∣sants should be as Excommunicate Persons, made incapable of most
Offices Civil, or Military, of pra∣ctising Law, Physick, &c. Which no doubt gave rise to the Test, and which in its full extent was never put in use, and hath been connived at, or dispensed with, under Protestant Princes ever since. Likewise under several pe∣nalties they were to Marry, Bap∣tise, and Bury according to the Laws of the Realm.
* 1.101Now if we enquire into the grounds of all these Laws, we shall find them expressed in the several Acts, as in that of the 35o of H. 8. it is said to be made in Corroboration of that made in the 28th of the same King, To exclude the long usurped Power, Authority, and Jurisdiction of the Bishop of Rome.
That of the first of Queen Elizabeth, is to the intent, That all usurped and foreign Power, and Authority, Spiritual and Tempo∣ral, may for ever be clearly extin∣guished, and never to be used or
obeyed within this Realm, &c.
In the 5th of the same Queens Reign the grounds are expressed, For the avoiding both of such hurts, perils, dishonours, and in∣conveniences, as have before time befallen, as well to the Queens Majesties Noble Progenitors, Kings of this Realm, as for the whole estate thereof, by means of the Jurisdiction and Power of the See of Rome, unjustly claimed and usurped within this Realm, as also of the dangers by the fautors of the said usurped Power at this time grown to marvelous outrage, and licentious boldness, and now requiring more sharp restraint and correction of Laws, &c.
* 1.102The Reasons for the passing the Act of the 13th of the same Queen, is more full, viz. That divers seditious and very evil dis∣posed people, minding not only to bring the Realm and the Impe∣rial Crown thereof (being indeed of it self most free) into the
Thraldom and Subjection, of that Foreign, Ʋsurped, and Ʋnlawful Jurisdiction, Preheminency and Authority claimed by the See of Rome, but also to estrange, and alienate the minds and hearts of sundry her Majesties Subjects from their dutiful Obedience, and to raise and stir Sedition, and Re∣bellion, within this Realm, and so mentions the Pope's Bull to ab∣solve and reconcile all those that will be contented to forsake their due obedience, whereby hath grown great disobedience and boldness in many, not only to withdraw, and absent themselves from all Divine Service, now most Godly set forth and used in this Realm, but also have thought themselves dischar∣ged of, and from all obedience, duty and allegiance to her Majesty, whereby most wicked and unnatu∣ral Rebellion hath insued, and to the further danger of this Realm for hereafter very like to be renew∣ed, if the ungodly and wicked at∣tempts
in that behalf be not by severity of Laws restrained and bridled.
* 1.103The 27th of the same Queen lays no stress upon Religion, but only on the security of the State, altho it was the first Act that pro∣hibited Jesuits & Priests to come over and stay here, under pe∣nalty of Treason, without whose Offices, the Roman Catholics could no ways exercise their Re∣ligion: The grounds in that Act are expressed, That of late Jesu∣its, Priests, &c. have come and been sent into the Realm, &c. of purpose, not only to withdraw her Highness Subjects from their due obedience to her Majesty; but also to stir up and move Sedition, Rebellion, and open Hostility within the same, &c.
* 1.104The Act of the 35o of that Queen expresseth, that For the better discovery, and avoiding of such traiterous and most dan∣gerous conspiracies and attempts, as
are daily devised and practised against the Queen by sundry wick∣ed and seditious persons, who term∣ing themselves Catholics, and be∣ing indeed Spies and Intelligen∣cers, &c. hiding their Detestable and Devilish Purposes, under a false pretext of Religion and Con∣science, &c.
* 1.105In the Act of the first of King James the first, the grounds are, For the better and more due exe∣cution of the Statutes heretofore made against Jesuits, Seminary Priests, and other such like Priests, as also against all man∣ner of Recusants, be it ordain∣ed, &c.
The third of the same King expresseth the Reasons thus; For as much as it is found by daily experience, that many his Maje∣sties Subjects that adhere in their hearts to the Popish Religion, by the Infection drawn from thence, by the wicked and devilish counsels of Jesuits, Seminaries,
and other like Persons dangerous to the Church and State; are sō far perverted in their Loyalties and due Allegiance unto the Kings Majesty, and the Crown of Eng∣land, as they are ready to entertain and execute any treasonable conspi∣racies and practices, as evidently appears by that more than barbarous and horrible attempt to have blown up with Gun-powder the King, &c.
Having thus given a short draught of the severe Laws against Roman Catholics, and the Reasons and Grounds of them: It is obvious, that those for the Supremacy were enact∣ed principally to exclude the Popes Authority in Matters Ec∣clesiastical, which opposed King Henry the Eighth's Divorce, and the Reformation of the Re∣ligion begun: So that a Subject in point of Conscience, and mere Matter of Faith, that could
not be induced to believe a King and Prince capable of being Head of the Church; but shall be in∣vincibly perswaded (how erro∣nious soever) that the Pope is St. Peter's Successor, and Christs unquestioned Vicar upon Earth, and cannot, without hazard of his Soul, consent to acknowledge otherwise; yet not withstanding (by those Laws) this invincible perswasion, without any other Crime, is interpreted High Trea∣son, and punished as such; and Sir Thomas More Lord Chan∣cellor, the Bishop of Rochester, and others, suffered death upon that account.
In others of them, not only Priests, for receiving Orders ac∣cording to the Rites of the Church of Rome, and coming over to Exercise the Office of their Function, but such as were converted to the Romish Faith, or Reconciled, were involved in the Crime of Felony or Trea∣son,
without lifting an hand, uttering a Word, or imagin∣ing the least disloyal thought against the peace of the Nation, where they were Subjects.
* 1.106Therefore first it must be con∣sidered, that since some of these Laws were made in the tender Age of the Reformation, when our Princes were very careful, that it might not be overlaid in its Swathing Cloaths: but now it is at a manly and masterly growth and back-set with so numerous a Progeny and pow∣erful Abettors, that it can plead a prescription and possession suf∣ficient to maintain it self by Ar∣gument and Vote. Therefore we cannot now judge such se∣vere Laws so necessary: there be∣ing no such danger of the Popes exercising any other Supremacy here, than what is purely spiri∣tual, over those of that Commu∣nion, in the Divine Offices of
their Religion, without having any power to dispose of any Be∣nefices, endow Religious Houses, or establish any Religious Polity over the Protestant Subjects: And as to any Temporal Juris∣diction, it is impossible he should receive any thing of that, which hath been so strenuously opposed, even while the whole Nation, in Spirituals, submitted to the Doctrine and Discipline of that Church: and I think all may be well satisfied, that our King is no ways disposed to quit any of his Royal Prerogatives, or subject his Crown to any o∣ther Potentate upon Earth.
* 1.107Secondly, It ought to be re∣membred, that in Queen Eliza∣beth's time, there grew a strong Faction in the State, by reason of the doubtful legitimacy of that Queen, as being by the Pope, and all Roman Catholics looked upon as born out of law∣ful
Wedlock, (her Fathers Wife Queen Catherine being then alive, and her Mother married to the King, before a legal Divorce, according to the Ecclesiastical Laws then in force) which oc∣casioned the Roman Catholics here, to be great Favourers and Abetters of Mary Queen of Scots; so that there was a poli∣tical necessity in Queen Eliza∣beth, and those that adhered to her, (and upon that account were desirous to preserve the Protestant Religion she em∣braced) with all the Art and Industry they could, by the severest Laws, to secure the one and the other; and by reason of several Attempts, In∣surrections, and Forreign op∣positions, the unfortunate Queen of Scots was put to death, for the safety of that Queen, which the Politicians of that Age thought could never be, as long as her Ryval lived.
Therefore we must look up∣on those Laws as made mostly for the security of the Sove∣reignty against Roman Catho∣lics, who, as such, were ad∣judged the greatest Enemies to it: So that if we consider the times when, and the persons upon whom the bloodiest Laws were executed; we shall find that they were principally, (if not only) when the State was either in real or imaginary dan∣ger from such: Whence it was, that the great States-man, the Lord Burleigh, published that Discourse, That Papists were not put to death here for their Religi∣on, but for their Treasons: Tho whoever considers how the se∣curity of the State and of the Religion was interwoven; will find it requires a subtil head to separate them.
* 1.108However the Case is now wholly altered, the Succession of our King is not in the least
disputable by Roman Catholics or Protestants; so that there can be no ground to keep up those in force, for any other end, than the securing the Protestant Religion only: So that we must invalidate all my Lord Burleighs Arguments, and bot∣tom all our reasoning upon Re∣ligion, if we plead for those Laws, which cannot fully be justified, but by avowing of that position, so much exploded by the Church of England, that Dominion is founded in Grace: which dangerous Doctrine, if it were once yielded, no Prince could be safe from those that would alledge (and were power∣ful enough to prove it) that a Prince was not as holy as they, or of their Society; and where punishments, of the severer kinds, are inflicted for different modes of Worship (where nei∣ther Immorality, Sedition, or Treason deserve it, or it is not
done with due reference to the peace and tranquility of the State) we must ground them on the same Principle, that be∣cause such, and such, are not Be∣lievers of the true Faith (which the present Rulers would infer they only had) must be cut off, or punished, as Malefactors: Whereas it seems much more agreeable to Christian Modera∣tion, and the Rules of true Po∣licy, that where any Church is legally settled, the care of pre∣venting mischiefs should be left to the Government, which no doubt would provide redress by suppressing Sedition, whereby none but such as were Factious, Turbulent, and endanger the peace of the Government, might be under any pressure, or forced to withdraw their effects, and forsake their Country, or to live in obscurity and reservedness, as people under the hatches: all which do manifestly impoverish
a Country. However in our case it seems an unbecoming di∣strust of the intrinsick goodness of our Religion, or the strength of our Arguments for it, when it must be defended by Club-law: And since we are out of all dan∣ger of Roman Priests Trafficking for Forreign Invasions (as when the severe Laws were made, the State was apprehensive of) or of plotting and contriving a∣gainst the King and Govern∣ment; It is too great an Argu∣ment, that the refusing to take off the penal Laws, and that we do not acquiesce and yield to the moderate desire of so gracious a King, is more out of an incli∣nation to gratifie Humor, and Contention, than for any other Cause. It being sufficient that if ever such a time should oc∣curr, wherein the State should be indangered by Roman Ca∣tholics, the severities might be reinforced.
When therefore we consider, that the sanguinary and penal Laws now in being, are severe to the utmost extremity: When a Turk or a Jew (not to men∣tion other professions more tur∣bulent in a State) are not under any such impending Lash: And consider what an after reckoning they may undergo, so that (the Laws standing) not only Priests, and new Converts, but most of the old hereditary Roman Ca∣tholics must be forced to flee, or abscond themselves. And as to the Test, however the King may, for his time, dispence with the taking of it, and grant Par∣dons to, and Indempnifie the not-takers of it, toties quoties; yet who ever shall act after the very last Pardon, may be in∣formed against under the next Protestant Successor; and then it may be doubtful, whether the Kings dispensing Power will be allowed or not.
I say, if there were no other Reasons; the King hath from hence sufficient cause to insist earnestly upon the repealing these Laws and the Test; and it is probable, almost to a de∣monstration, that if this had been frankly granted, it would have satisfied the King, and have composed the minds of Roman Catholics, who, being placed in a condition of safety, would have continued that esteem they had for the Church of England, ever since the late Civil Wars, when they were the only fellow-sufferers.
HAving premised this, I come to treat of the In∣conveniencies, the denial of the repeal of these Laws brings with it: (viz.) First, That it raiseth in his Majesties Royal Breast a prejudice against our Church and Religion; and the effects of the unkindness it may beget, appears to me of a much more dangerous consequence, than the taking off the sangui∣nary and penal Laws can pro∣duce: so that in stead of acting for the preservation of our Re∣ligion, we expose it, to more
imminent and apparent danger, and inconsiderately run upon the Rock we would avoid; since such unaccountable obstinacy hath not only, in all probability, occasioned the enquiry into the Kings Power in dispensing with the penal Laws, the displacing of Ministers of State, and Offi∣cers in the Army, and Com∣missionating a greater number of Catholics than otherwise would have been admitted, the taking Catholic Lords into the Council, and granting the Com∣mission for Ecclesiastical Affairs; but may oblige the King to make still greater Changes a∣mongst his Officers, Ministers and Judges, than otherwise he in∣tends: All those holding their places only during his Royal Plea∣sure, so that without violating any Law, he may at one stroke re∣move most Protestant Officers from the Administration of Af∣fairs of State under him: And
we know not what Changes and Alterations this wayward and unseasonable stiffness, may induce his Majesty to make in the external Government and Polity of the Church, by the Power of his Supremacy and Prerogatives: And surely the extruding of Protestants from Power and Authority, either in Church or State, under the King, is likely to be a vaster prejudice to our Religion, than the repealing the Test can be.
Let us therefore think how much we are bound, even in Christian prudence, for the sake of our Religion, not to provoke the King to withdraw his Indulgence to us, in the Ex∣ercise of that Religion, which he graciously offers to protect, and which Grace we ought not to requite by urging the keeping up those severities against those of his Religion, which most Protestants would decline to
execute, if they could, and which we cannot, if we would, until we first renounce obedi∣ence to Gods Command, and Submission to our Sovereign, by refusing, if not overthrow∣ing his Sacred Authority and Power: Whereas we are tyed by our Principles and Religion not to resist, it being a chief and Essential Position and Do∣ctrine of the Church of Eng∣land, to render Active, and when we cannot do that, Passive Obedience to our Sovereign; and what ever we suffer, it will not excuse us from the Guilt and Crime of indamaging and indangering our Religion, by this unnecessary giving occasion to it: when we might have saved, not only our Reputati∣ons of being most dutiful Sub∣jects, but won so far upon the heart of our Royal Master, that it would have been in the power of none to have e∣stranged
his Affections from us.
The Spirit of moderation be∣cometh Christians, and Calm∣ness, and Discretion becometh Subjects in all dealing with their Sovereign; and we may be assured, that the greater in∣vitation we give our King by these Virtues, the greater as∣surances we have of his Prote∣ction of our Religion, and the preservation of the present Peace, and Tranquility which we enjoy.
Let us not therefore, by deny∣ing what we cannot hinder, lose the greatest Blessings, and Happinesses we may retain, that King and People may live in that happy and good under∣standing, which may continue, and Crown the sweetness and easiness of his Royal Govern∣ment over us, and of our Tran∣quility, Prosperity and Hap∣piness under his Shadow.
* 1.109Secondly, Till these Laws be taken off, it will continue those most dangerous of Evils, that can befal the King and People, when there is no good correspondence betwixt the King, and the two Houses of Parliament.
On the Kings part, first, we may call to mind the miserable times of King John, and King Henry the third, and those more fresh and never to be for∣got under King Charles the First. Secondly, However prudent and wise a Prince may be, yet the watchful envy or designs of some Neighbour Potent Prince or State, may necessitate our King to defend his Merchants, or Plantations, to succour his Allies, or to secure his People from Damage or Hostilities, whereby he may be forced to have recourse to his Parliament for Aid, which, while a good correspondence is wanting, may render them slow to grant, or
upon unequal Conditions. Thirdly, This will give an op∣portunity to all sorts of Male-Contents, and Enemies to the Monarchy to bestir themselves, to embroil, and ferment the People into some dangerous De∣fection, Sedition or Rebellion.
On the Peoples side, the mis∣chiefs that will befall us by this want of a good understanding betwixt the King and his two Houses, will be, first, that since our King by a mature Age, and a great Experience of all affairs relating to Arms and Govern∣ment, is fitted and enabled more than most of his Royal Predecessors to aggrandize him∣self, and give renown to his Sub∣jects, by buoying up whatever hath been sunk in the reputati∣on of the World: And is able to increase the Traffick of his people, and inlarge their Com∣merce, and his Empire, and make as great a Figure in the
World as any Crowned Head. All the Blessing, we and our Neighbours might expect from so qualified a Prince, will be utterly lost; so that in stead of transporting his Cares, Coun∣sels and Arms into foreign parts, he shall be necessitated to con∣fine them within the Circle of his own Dominions, only to keep them from Sedition or any worse mischief: So that the hopeful opportunities, which the World knows our King might have to hold again the Ballance of Europe, and make us as flourishing a people as ever, will be totally lost: To the great satisfaction, no doubt, of some of his Neighbours, and the general and irreparable loss to us and our Posterity, who with sad reflections may lament the occasion of this dispute.
Secondly, Such a want of good Correspondence betwixt the King and his two Houses, will
hinder us from obtaining such advantageous Laws, for the be∣nefit of the Subjects, as, this Remora being removed, might rationally be expected; among which, most probably, one or more; might be a Corroborati∣on of the Kings Gracious Pro∣mise of protecting the Church of England, and whatever else the two Houses might find use∣ful for the public good.
Lastly, This Non-correspon∣dence must gratifie and incou∣rage all the Enemies to Monar∣chy, and all those who were for the Bill of Seclusion; this Dis∣cord being the only pleasing Harmony to them, who never hug themselves with so full an Ohe! of content and satis∣faction, as when they find the Crown in any straits; or can foment (if not conjure up) a Spirit of Jealousie betwixt the King and his Parliament, and when they have stolen the Peo∣ples
Hearts from the King, they are upon the Tiptoes of hope, that they may strike in for the prize.
If we have not a feeling sense of the miserable state, that Se∣dition and Rebellion (It's most savage Elder Brother) will bring us all to, let us consult our bloody Annals, and our An∣cestors deplorable experience, and then ponder well whether it be Tanti, to move Heaven and Earth, harras our Country, and embrue it with the blood of so many of our Country∣men and nearest Relations, and at last fight our selves into a much worse condition, than we are ever like to be in by grant∣ing this Repeal; which in this juncture is most reasonable, if not for our Kings sake, and the Roman Catholics; yet at least for our own peace and tranqui∣lity, and the establishing our hopes of his Majesties kindness to our Church.
* 1.110The last Reason I shall urge, is, that the refusing to Vacate these Acts may necessitate the King to grant a Toleration, which, of all things, the Church of Eng∣land hath hitherto most dread∣ded, and to which we may be∣lieve the King is well enough in∣clined out of a principle of cle∣mency to his people in general, as well as Indulgence to his Catholic Subjects; which al∣tho his Royal Brother (after an essay) at the earnest solicitati∣on of his Parliament, was Gra∣ciously pleased to recal, to gra∣tifie the Church of England, yet we cannot expect that our King (not having those motives, and being courted by so many to grant it, and finding the exten∣sion of his Supremacy) will think it his Interest to revoke it if he once establish it.
* 1.111Here it will not be a miss to
consider, the great difference there is betwixt Roman Catho∣lics and other Dissenters, while the Laws are in force: The Non-conformists may meet to the number of Five, besides the Family, and have their Pastor, or Teacher with them, and the disagreeableness betwixt them and the Church of England is not so great, but that those who have Estates, or desire to obtain Offices of honour or pro∣fit (even to do the Crown a disservice, as we found in those that were to capacitate them∣selves to be Sheriffs in the late times) could readily Conform. Whereas Roman Catholics are in extream peril from the very harbouring their Priests: so that in this the Roman Catholics are in a sadder state than any Chri∣stians are: For to exercise their Religion without Priests, for performing the Office of Bap∣tizing, Administring the Blessed
Sacrament, burying the Dead, &c. Is in that Church (and ought to be in all others) impossible, and to have them for celebra∣ting these and other Divine Of∣fices (as the Laws now are) renders them obnoxious to the punishments inflicted on Felons and Traytors; and there is no possibility of the Roman Catho∣lics, as such, conforming even so much as in going once a month to Church, without putting themselves out of the Commu∣nion of their Church, which, with them, is to be avoided more than the utmost suffer∣ings.
When therefore we consider the Unchristianness of such se∣vere Laws under our circum∣stances, and reflect that tho the greatest part of the disqui∣ets, from the Tenth Year at least of Queen Elizabeth, have arisen from the pretences of keeping out Popery, and the Advanta∣ges
the Long Parliament had against King Charles the First, was from that source, and the troubles of our late merciful King, were bottomed on the same apprehensions; and yet now that we see it's actually pra∣ctised, we find no such dreadful events; but that the Vizard was portraied much more terrible than now when it appears with open face; and now, when we see the publick exercise of the Roman Catholic Religion, we only find it gazed at as a Novel∣ty, but no affrightments attend∣ing it; and we find, what we understand in Sermons and Ca∣techizing is Christian and pro∣fitable, and what we understand not in Ceremonies, we see full of Pomp and Magnificence, and further we see not.
I say, when we consider all this, and that it is in our choice, whether we will allow the san∣guinary and penal Laws to be
abolished with a security in the exercising the Protestant Reli∣gion; or on the contrary, the In∣conveniencies before recited, and a Tolleration to boot; me∣thinks it should be no difficult matter to determine which were more advantagious.
Having thus shewn some of the disadvantages to Us and our Religion, by the refusal of a Repeal: I might propose the advantages which will accrue by yielding up those Laws the King hath such an obligation in Honour and Justice (at least in his own Royal Apprehension) to insist upon, but that the re∣moval of the one, puts the other in their place.
THerefore I shall chuse ra∣ther to shew the practica∣bleness of Roman Catholics and Protestants living in the full enjoyment of their respe∣ctive Religions, under Princes of either Religion: And first shall observe, that the Church of Rome, and the Church of England are the two Churches (in Europe at least) that are the most conspicuous and of most renown: Both plead for the An∣tiquity of their Doctrine: The Roman Catholics are of one Communion, and so is the Church of England; but Pro∣testantism at large takes in a
greater variety of subdivisi∣ons, and those separate from the Church of England, as much as that doth from the Roman.
Secondly, It hath been the en∣deavour of many learned and pious men, to accommodate the points in difference betwixt Roman Catholics and Prote∣stants. But by reason of secular interests, no expedient could be found to adjust them, till at last in Germany (from whence our Saxon Ancestors came) af∣ter about twenty years war, wherein the Country was the very Theatre on which the most Tragical Effusion of Blood, and the most depopulating waste, by Fire and Rapine, were acted to the highest de∣gree of humane cruelty and re∣venge; and all this principally upon the account of the diffe∣rence between Roman Catho∣lies and Protestants, upon ac∣count
of their Religion, and being at last throughly wearied with the unsuccessful attempts upon one another, in the year 1624. they came to the following set∣tlements, which, I believe, they hitherto reap the fruit of, being confirmed Anno 1648. at the Treaty of Munster, whereby it was made an Imperial Law.
The Duke of Newburgh is a strict Roman Catholic, yet in his Country of Juliers, even at Deuseldorp, the principal place of his residence (not to name other Towns) Lutherans and Calvinists have their Churches as well as Roman Catholics, and I suppose he allows the like liberty in the Palatinate, as the Count Palatine did, to whom he lately succeeded as his heir male.
The Duke of Brandenburg is himself a Calvinist, yet his Subjects are for the most part Lutherans, and in some parts
of his Dominions Roman Ca∣tholics freely enjoy their Reli∣gion.
The Bishop of Mentz (tho a Roman Catholic) admits the Lutherans in his City of Er∣ford to exercise their way of worship.
So the Duke of Saxony, a Lu∣theran, hath establisht such an accord in his City of Budifin, that the Roman Catholics, and Lutherans celebrate their Di∣vine Offices, in the very same Church, separated only by a Grate.
The Bishop of Osnaburgh (of the House of Zell) is himself a Lutheran; yet in his Town, from whence he hath his Title, both Roman Catholics and Lu∣therans have their Churches: and the next Bishop must be a Catholic, and so Alternately. And the Lutheran Canons say their Offices, with the Catholics in the Cathedral.
In the City of Ausburgh they have two chief Magistrates, whereof one must always be a Roman Catholic, and the other a Lutheran.
The Prince of Sulzback is a Roman Catholic, by profession; yet in some parts of his Territo∣ries, not only Roman Catholics and Lutherans enjoy their diffe∣rent worship, but interchange∣ably the same day, in the same place: The Roman Catholics using a portable Altar, which they place upon the Lutheran Altar, when they officiate.
The Abbot of Curvey is a Prince of the Empire, and a Roman Catholic, and hath seven∣teen Villages in his Jurisdiction, whereof sixteen are Roman Ca∣tholics, only Ansted hath Luthe∣ran Inhabitants, who enjoy their Religion, and in their Annual Procession, not only those Lu∣therans, but the Envoys from the Lutheran Princes of Bruns∣wick,
Lunenburgh, and Hannover attend it, some carrying the Abbot's Mitre, others the Cro∣sier (&c.)
At Lambspring, under the Rule of the Bishop of Hilder∣shem, the Abbot and Convent are principal Lords, yet they permit the Lutherans to have a Church.
Thus the Germans live in neighbourly Love and Amity, and busie not themselves in con∣spiring one anothers ruin.
There is one great instance in this part of Germany, that comes home to our Case. The late Duke of Hannover, being con∣verted to the Roman Faith, du∣ring his Father, the Duke of Zell's Life, lived out of his Country, and was a Canon at Paris; and tho he lived in a low Station with few Servants; yet he kept such a correspondence with persons of Quality, in his Fathers Jurisdiction, that tho
his Father designed to disinhe∣rit him; yet upon the news of his last Sickness he posted into the Confines, and upon notice of his Death at Hannover (where his Elder Brother was) he post∣ed to Zell, and was so well re∣ceived there, that he was soon in the Head of a considerable Army, and by mediation be∣twixt the two Brothers, he made an exchange of Zell, the nobler Dukedom, for that of Hanno∣ver, the richer; where being setled, he governed his Country very peaceably for fourteen years, and contented himself with a Chappel for his own Devotion, and a Convent of Capuchins near it; and pro∣miscuously employed Roman Catholics and Lutherans in his Military and Civil Imploy∣ments, giving to his Roman Ca∣tholic Subjects free liberty of the Exercise of their Religion, and wrought so good an accord
among his Subjects, of both Perswasions, that there were no animosities among them, none repining at anothers prefer∣ment, but in point of Duty and Allegiance, they all respected, honoured and served him, and lived happily under his Govern∣ment; and he was in as good esteem among his Lutheran Subjects, as any Prince had been long before.
He dying without Issue, Han∣nover fell to his younger Bro∣ther the Bishop of Osnabourgh, who is a Temporal Prince, not in holy Orders, but married; and hath several Princes and Princesses his Children, and is himself a Lutheran. Upon his entrance to his Principality he did not prosecute the Roman Catholics; only the Capuchins, who lived upon Alms, could not stay as in a Convent, tho he profered them protection for their persons, and Roman Ca∣tholics
enjoy the liberty, I have before mentioned, as others do in several Principalities in Germany: Whether this Har∣mony happen by reason the people are not such Zealots in Religion, as in other places, to be cutting of Throats for it, I cannot tell; but I am sure it is a great ease to Prince and Peo∣ple.
By this Example, I hope it will appear, how practicable it is, that Roman Catholics and Pro∣testants may live under the pro∣tection of Magistrates of either Belief, without swallowing up one another; and if it were not for the violent prejudices which some have, there is no need of endeavours to extirpate Roman Catholics, who being few in number, yet are considerable in quality and interest: Nor of oversetting the Church of Eng∣land, whose true Members ever have been Loyal, and in the
worst of times have joyned with Roman Catholics for the sup∣port of the Crown, and have been fellow-sufferers.
Surely we cannot forget the time when so great a Credit was given to a Plot, which (even as it was published in Narratives) was as dark and confused, as the Chaos; as mon∣strous as any Figment of the Poets, or in the Alcharon; full of impossibilities, and contra∣dictions; So that it is now our wonder and astonishment, how greedily it was swallowed: Yet this served the turn to exaspe∣rate the people, yea the Parlia∣ment it self, to that degree, that not only the Catholics were branded as the most trayterous, barbarous, cruel, bloody-minded Men in the World; but they suffered the severities of the Laws: And much inno∣cent blood was shed upon the Testimony of a few perjur'd
Villans, who got the Character of the Kings Evidence; yet we cannot but remember who They were, that while they were fixing our Eyes so intently, upon the defence of the Kings Person, and the Church of Eng∣land, against the Plots of Papists, were in the mean time pro∣viding their Blunderbusses, and designing a most horrid Re∣gicide.
I recal this to mind only to evince, that we are not to look upon Papists, through the per∣spectives have been hitherto af∣forded us; but to believe our own Eyes, and other Organs of Sence, and consider whether a Popish Successor be such a Creature, yea, a Fiend, as he was repre∣sented.
IF I were able to furnish my self with as much Celestial Il∣lumination and Spirit from a∣bove, as the Author of that Cha∣racter fetched from the Mines of Fire and Brimstone below; I should not be able to describe, as I ought, any tolerable simi∣litude of our great Sovereign, whose Portraicture the pannick fears, luxurious spite, and hel∣lish designs of some then ex∣posed.
Yet with humble Submissi∣on and Reverence due to the Majesty of so great a King, I think it necessary to give some
faint touches of those out-lines, which ought to strike us all with Admiration and Joy.
It will, I doubt not, be readi∣ly owned, that his Majesty is indowed with as large a portion of those Royal and Princely Virtues (which signalize great Monarchs, and render them conspicuous) as any Prince that hath governed these Realms for many years: And, without flattery, we cannot but admire his Courage, Resolution, and Promptness of Mind, Active∣ness, delight in Business, thorough inspection into his Affairs, with such a peculiar sweetness and benignity of temper, as, sing∣ly are of great value in Crown∣ed Heads; much more, when, to such a degree and lustre, they are mingled with Justice, Honour, Fortitude, Tempe∣rance, and other Heroick Vir∣tues
in a Constellation: so that even those, who most passionate∣ly wish him the Delight and Darling, as well as Glory of his People; can superadd no∣thing to their wishes, but that he were of their Religion. But in the Judgment of Roman Ca∣tholics, he finds, not only an esteem due to the accumulati∣on of his illustrious Virtues, but is inriched with a Ray more, by the profession of his Religi∣on.
Those, who are blessed Audi∣tors of his familiar Discourses, admire the serenity of his Hu∣mor: few Mortals being less clouded, or shaken with any storm of passion. Those are witnesses how he imploys his dressing time, in enquiries af∣ter what is remarkable in re∣motest Countries, whether they
relate to Government, Peace or War, Situation, and Fortifica∣tions of places, correspondencies one with another, Customs and Usages, Disposition of the peo∣ple and their Commodities, and of Traffick, or the personal Vir∣tues and Accomplishments of great Men: The Inventers of useful Arts, especially such as respect Military Discipline, Na∣vigation and Traffick; mingling his own choice Observations, which render all his Discourses pleasing, yea, sometimes sur∣prising, and always profitable and instructive.
Never was any Princes Court freer from debauchery, and more orderly in the ••••••posal of all Officers in it, from whence the Sovereign Master's solid Rules and exemplariness are notably discover'd. The Diligent, Vir∣tuous,
Sober, Ingenious and Loyal, are received without cen∣sure of their Religion: The Sloathful, Turbulent, Facti∣ous, Debauched and Irreli∣gious are as much discouraged, as is most manifest by bis severe charges against Swearing and Drunkenness (&c.)
Pass we thence to his Chap∣pel, we cannot but observe, with some astonishment, how his public Devotions are per∣formed with a serious Attenti∣on, and a Fervour and Zeal equal to those that officiate at the Altar.
When we consider the ma∣nagement of his Revenues, by his own peculiar Wisdom and Direction, we cannot but be amazed at that vast Capacity; which those, bred to the Im∣ployment,
cannot equal no more than they can, that inspection into all the Officies of his great Empire, the Uses and Abuses of which are as well known to him, as any Nobleman knows his Surveys, Rentals and Of∣fices; what a Fatigue would this give to the ablest of his Subjects, to order some few par∣ticulars of these Matters, much more to superintend the whole as he doth.
Did we survey the wonder∣ful increase of stores he hath made, for all sorts of Muniti∣ons, both for Land and Sea, we should think he imployed his Care, and a great part of his Revenues in nothing else: But when we attend him to his Camp and Navies, we find a new Charge, a new Care.
His Majesties extraordinary Diligence and Skill in disci∣plining his Army, and the per∣fection he hath brought it to in one year, will be as incredible to after Ages, as it is the wonder of this. It is the ob∣servation of some, that have seen other Princes Troops, that (considering their number) they exceed all others, not only in the richness of the Clothes of the Officers and the Guards; the neatness of the Common Soldiers, the goodness of their Arms, the sightliness of the Men and Horses, the order of the Camp; but in the Skill in all their Exercises, their readi∣ness to observe Orders, and the Civility and Morals of them; being free from those Debau∣cheries, which effeminate and unfit Soldiers for Valor and Vigilance: And no Prince can
take more effectual ways, by due and constant pay, and provision of all things neces∣sary, to oblige his Troops to Fidelity and Courage, Skill and Resolution, than his Ma∣jesty doth; so that his Camp is not only accomplished in Military Matters, but is a nur∣sery of good Education: It being his Majesties special Command, that the Soldiers so behave themselves in the Country, that they may not only be regarded as his Ser∣vants, wearing his Livery, but as their Guard, and the security of their peace and quiet. So that none can justly repine at their numbers, but such as would be glad to see him destitute of any force that might hinder their Con∣trivances against his Govern∣ment.
We have already seen his Majesties Troops, and we now find, with how great eare and diligence he is equipping his Fleet, which we may be sure will be answerable to the ser∣vice he intends them for, and proportionable to that Method and Order of his Land Forces: and then, no doubt, it will exceed what former Ages have known, when they are fitted by so great and magnanimous a Prince, that hath so long been Lord High Admiral him∣self.
These things have milli∣ons of Witnesses: But who can divine the Royal Solicitude and Care, and those wise Contrivances, for the good of his people, which are the ef∣fects of his retired hours in his
Closet: There, where he revolves in his Great Mind, how to or∣der all the Instruments of his Power, to set all the Wheels of this great Machin on work, to consider who are fitted for every distinct under∣taking; how to allott the thinking, grave and wise, the contriving part: And the bold, and obedient, the exe∣cutive part of his Affairs. There he ruminates of his Coun∣cellors Wisdom and Address, and what is fit to be com∣municated to them. Here he consults the safety, pre∣servation, and wealth of his Subjects; how to make all of Loyal Principles (tho of different perswasions in Reli∣gion) live at ease and free∣dom. Here he studies to ob∣viate the designs of the Fa∣ctious and Seditious, which
give greatest disquiet to the otherwise flourishing Reigns of Princes: To reward, ad∣vance and honour those who do him the acceptablest Ser∣vices. Here he bears the Burthen of his Kingdoms a∣lone, revolves the fate of other Empires, and resoves the Mo∣del of his own.
May the Divine Wisdom inspire his Royal Breast here, and in all places, to follow such Methods, as may make his People truly Reverence, Love, and dutifully Obey him, whereby not only his Reign may be prosperous and peace∣able, but our Posterity may find the good effects of his Government.
Were his Majesties Cha∣racter as well known, through
all his Dominions, as it is to those nearest to him, (how∣ever imperfectly I have de∣scribed it) I should not think it possible that any could en∣tertain such Umbrages of fear of his Conduct, since we may be assured so wise, and ex∣traordinarily qualified a Prince, will attentively consider how his own ease and felicity is involved in that of his Sub∣jects.
Were he a Prince less Vi∣gorous, and Active in his per∣son, (which his Princely ex∣ercises and temperance contri∣bute so much to) were he less experienced in a long Tract of Obervations, less knowing of men, and of their by-past, and present, innate and forced dis∣positions; and of a less piercing Judgment, and vivacity of Spi∣rit: Had he not so many times
adventured his Life for the Honour and Safety of these Kingdoms; were he a Prince that did not so seriously dis∣countenance prophaneness and vice, or gave not such signal tokens of his piety; were he a Prince that devolved his Cares on others, whereby he might enjoy a pompous and easie life; were he not constant to his purposes, or were less exem∣plary in all provident mana∣gery, or sparing in the expence of Provisions for the Honour and Safety of his Dominions; Were he subject to any tran∣sport of Passion, or easily im∣posed upon by slie and cun∣ning Achitophels; we might sus∣pect his concern for his peo∣ple, and think him negligent or not understanding of his Inte∣rest. But a Prince endowed with so extraordinary qualifications
can never be wanting in the great concern of his Royal Of∣fice, both in conserving his Dominions in peace, and be∣ing indulgent to all, that un∣worthily distrust not his Gra∣cious Intentions, and make not false constructions, comments, and glosses upon them, and by an unworthy waywardness court cloudy weather or storms, when they might enjoy sun∣shine and a clear sky.
TO draw now towards a Conclusion, I shall only offer you some considerations, which I desire you will seriously think upon.
First, you cannot but have observed, that there are a set of men, who although they be at as great a distance from knowing his Majesties Resolves, as they are from the Moon; yet will pretend to have Te∣lescopes in Politicks, whereby they can discover all the Hills and Valleys, Seas and Rolling Sands, the Precipices and
Plains, the Desarts and Fertil Champaigns of our little world, and by engraffing Microscopes upon them, can magnifie to what prodigious bulk they please, Molehills and the mi∣nutest Insects: Yea they pre∣tend to discover the secret Springs and Movements of all Counsels, and that, (which is their greatest dexterity) by a Charm they have, they can make every one they get to use these, to believe the reality of what they repre∣sent.
These men considering the Kings Personal Resolution, Courage and Conduct, and the Noble Designs he decla∣red at his first entrance on his Government, that, by the blessing of God he would ad∣venture his person as far as
any man in his Dominions for the good of his people, and endeavour to raise the re∣nown and repute of his peo∣ple, as high as any of his Predecessors: and withall con∣sidering the success that had attended all his undertakings, knew that they could no ways foreslow the progress of his affairs, but by depriving him of the Cordial Affecti∣ons of his Protestant Sub∣jects.
Therefore finding that his Majesty would be bound in Honour and Justice to shew favour to Catholicks in im∣ploying them and endeavour∣ing a repeal of penal Laws, and knowing how much it would stand them in hand to lay hold of this opportunity; fell presently to sigh out their
extream fears, that the Church of England was to be trod under foot, if not totally ex∣tirpated.
They knew full well, that as a Nipping Frost suddenly dispoyleth fresh Flowers of their richest paint and beauty, and makes their erectest leaves soften and flag, and singes the tallest Oaks, as well as the lower Thickets and Copices; even so from this chilling ap∣prehension, the briskest and most active Loyalty of some would be palsied, benummed, or cramped; a Cloudy Jea∣lousie would seize others, and it would slacken the sails, and becalm, and make those Ves∣sels Hull and float in a dead Sea, that had formerly made so fair a progress towards the Port of Loyalty.
They knew likewise, that if they could get the Kings desires opposed in Parliament, it would effectually hinder the former good Correspondence had been betwixt the King and them, and so it was their Interests, like cunning Ambo-dexters, to animate, and incourage the Kings Zeal for it, and at the same time to set all other tools at work to get it opposed.
This was the master-piece of some peoples policy, which possibly was not all home∣bred, and it hath most pow∣erfully effected the business: and no doubt but it was ea∣sie to have been prognosti∣cated.
However the matter hath been managed, it is too late
to call back yesterday: The King hath the same motives to insist upon the taking off the penal Laws; and since I have laid down so fully the reasons and inconveniencies of denying his desire: It will be very becoming the wis∣dom of the Parliament (as Loyal as a Prince can wish) and of all the true members of the Church of England, and of all that desire, we and our posterity may be happy, to study such ex∣pedients, as there may not be eternal heart-burning, per∣secutions, jars, and feuds, betwixt the Members of the two so Famous Churches, and that they will not only impartially consider what I write to you, but that they will call in the aids of their Christianity, reason and du∣ty
to govern their Actions, that we may not endanger our Religion, or be misled by false fires, and trained into those denns, where de∣struction and slavery keep their residence, and where the pretended qualm at the apprehension of their dying Religion, is but to get a dose of that Volatile Salt of Vipers, that they hope would raise to life again their good Old Cause.
I know it is one of the difficultest cures to bring Hypocondriac people to a∣bandon, or forget their complaints: If they get a notion by the fore-top, they swing it about, as boys do fire-sticks, till it appears a whole Circle of Fire, whereas six drops
of water will quench it. Sometimes such are cured with Hellibore, but oftner by calm reasoning, divert∣ing their thoughts, by re∣presenting the ill consequences of such groundless phancies, and then cordial refreshings of their spirits bring them to composure.
I have made choice only of the last, and desire all Lovers of their Country, yea, and of their Religion also, to consider what the designs of some men are, by their Li∣bels, wherein they endeavour to possess the Souldiery with strange apprehensions, and would poyson them in their principles of Allegiance. Sure∣ly it can be to no other end, but that they hope thereby to disarm them of their Loyalty,
and so to find from them little resistance, when they could be able (by setting up the Standard of Protestantism) to assemble their power against the Government.
Have you not seen other Libels for setting up Stipula∣tory, Conditional Monarchy? There was never an Insurre∣ction, or any Intestine Trou∣ble, but it was occasioned by a prepossession of the people, with an ill opinion of the Princes Conduct, and by de∣bauching of the people in their duty; and when there was either a faction in the State, or diversity in Religion, these readily divided their ad∣herence, either to the Crown, or to the Seditious, or Re∣bels. But whoever got by such commotions, I am sure the
generality of the Subjects were sufferers; and whenever God Almighty punished them in this kind, yet we find, in the upshot, the Government was again setled more firm, as we may learn even by our latest examples at the Restau∣ration of King Charles the se∣cond; And whoever consider the benefits that accrue to a people that live quietly un∣der Government, and the sad mischiefs that Faction and Sedition cause, will chuse the one rather than the other, and will find that all the stricter impositions on the Sub∣ject, have been occasioned by the peoples disobedience, and the displacing of Officers have been for the security of the Government: Hence the Act of purgeing Corporations, and the late Quowarranto's, and
some Acts of State of later date.
Distrust of a Princes good Intentions for his People, and diffidence in his gracious pro∣mises, above all things are to be avoided in Subjects. It is that hinders them from yeild∣ing to his reasonable desires. Our gracious King hath mul∣tiplied his Assurances of his protection of our Religion, and it is our Duty and Interest to be confident in, and truly thankful for them, and neither by insolency, mistrust, or pee∣vishness to forfeit his Royal Favour.
Those who are well ac∣quainted with the gracious and generous temper of his Majesty, know, that a diffi∣dence in his Sacred Promises,
is so much the more disobliging, as it is the questioning his ve∣racity, which is one of the chief and most valuable of his Royal Virtues. This distrust touching so vital a part, as the Justice and Reputation of any private person, raiseth a deep resentment: how much more must it be ill indured in so great a Person, who hath that peculiar temper of Spirit (suit∣able to his Birth and Dignity) not to suffer his Methods to be thwarted, or disputed; especially where the constru∣ctions put upon them, tend to the diminution of the Love and Honour his Subjects owe him, and will occasion sedi∣tious withdrawing of the Sub∣jects from their Duty and Al∣legiance? which as they are most important mischiefs, and hazard the Peace of the Go∣vernment,
so they have, in all humane probability, been the rrue, and only Motives, that have induced his Majesty to withdraw his wonted kind∣ness from some persons, that I am confident out of mere inadvertency of these conse∣quences, and out of desire to serve him in other Methods, have fallen under his displea∣sure.
Upon this consideration it is, that our Loyal Divines should have a special regard, that nei∣ther openly, or covertly, they increase their Auditories suspi∣tion, or distrust of his Maje∣sties kindness to our Church, but rather inforce a free pas∣sage of the contrary to our very heart and souls; so as first to be truly thankful for his grace, and then to be con∣fident
of it: They have li∣berty from the King to con∣firm their Auditors with the best Reasons they can (with∣out misrepresentations) in their Religion. But withal, I think it likewise necessary, they be taught not to harbour those doubts, and apprehensions of any Intendment of the King by any power to inforce us to abandon it, but rather in∣courage them in a firm and thankful belief, that the King will make good his gracious Promise. Some such Cordials would preserve our Religion, better than all the bewailings of the afflicted State of the Church, which will not se∣cure us one Article of our Reli∣gion.
I can foresee no danger to the Church of England by
this way of proceeding, but am most assured it would in∣cline his Majesty more chear∣fully to continue his protection of it, in finding such grateful returns of his Favours.
Only it might produce one effect, that some probably are not desireous to experience, that it would again bring us to that Criterion, and perfect di∣stinction of those who are true Members of the Church of England, from others that now wear the Badge and Li∣very only, which they can as soon undress themselves of, when they should judge it for their Interest. We should then find them at their old Calum∣nies, that the Clergy were going over to, or meeting half-way the Church of Rome; and even those who are so much
applauded and followed, would in a little time be accused of selling the Reversion of our Religion, as in the late times they were scandalized with the Incumbering and Mort∣gaging of it.
Upon the whole let us se∣riously consider, that where Loyalty obtains, no people can be miserable, let us trust God and the King. And tho there are differences in point of Doctrine, betwixt the Ro∣man Catholics and us: Yet as we agree in Morals, and in seve∣ral indisputable Points of Chri∣stanity, in the Creeds, and se∣veral Articles of Faith, as well as in some external Ceremo∣nies (rejected by other Prote∣stants) there is no reason we should keep up such inveterate Animosities, be at perpetual
strife, not de finibus regundis; but of exterminating one ano∣ther. But rather study how by an amicable accord in our common Duty of Christiani∣ty and Allegiance we may mutually and Cordially endea∣vour the defence and preser∣vation of the King and his Government, which ought to be every Loyal mans design, and is the sole intendment of this my present writing to you.
S. W. J. Collecti∣on of Speeches.
Col. B.
S. H. C.
How scru∣pulous now.
Sr. F. W.
W. H.
J. B.
That it will not be effect∣ed by the preaching of the Fa∣thers.
Nor by their Writings.
Nor by their free∣dom of conversa∣tion, and endea∣vours to proselite the people
That it is morally impossible to effect it by force.
That the case of the Usurpers, over throwing the mo∣narchy and epis∣copacy is very different from ours.
That the pro∣ceedings of the French King ought nor to affright us.
It is equi∣table that the King imploy Catho∣lics.
That the King hath rea∣son to fa∣vour his Catholic Subjects.
It is unreason∣able the King should be abridged of it,
It is an usual practice among Princes.
It is but like imploy∣ing Sub∣jects of different Kingdome or Coun∣tries.
It would be an in∣justice not to do it.
The Mo∣tives that occasion∣ed the making of the Test.
Stat. 2••. Car. 2. c. 2.
30. Car. 2.
Some Re∣flectione upon these Acts.
The Sere∣rity.
The Rea∣sons why made.
Of the prohibi∣ting Rom. Cathol. to be in the Kings Court or Presence.
Not fit now to continue.
Concern∣ing the King and Queens sworn Servants.
Concern∣ing the Catholic Lords, be∣ing ex∣cluded the House.
Conciliarii nati.
Mat. Pa∣ris 227.
Cap. 2.12.19.37.38.
Et ut Ba∣rones tra∣ctentur, te∣neantur, &. reputentur, &c. & eo∣rum quili∣bet habeat, teneat, & possideat se∣dem, locuus & vocem in Parlia∣mentis, publicis Comitiis et consillis nostris, hae∣redum & successorum nostrorum infra Regnum nostrum Angliae inter alios Barones, & Barones, Parliamentorum publicorum Comitiorum & Conciliorum, Tit 〈◊〉〈◊〉. Part. 2. cap. 5.
Mat. Pa∣ris, p. 885.
Stat. 1••.114.
Pryns plea for Lords Stat. 24.
4 Justit. p. 2.
Pryn ut supra, p. 145, 146.
Plea for Lords, p. 414.
Some Re∣flections upon the whole.
Qualifi∣cations and Re∣cogniti∣ons du∣ring the Usurpa∣tion.
The ill conse∣quences of Secluding the Bi∣shops.
What sort of Acts of Parlia∣ment least dureable.
Reasons why the Test ought to be re∣peal'd. 1. That it chargeth the King and all Catholics with the detestable sin of Ido∣latry.
That one great end of the Test now ceaseth.
It is against the Kings Preroga∣tive.
The na∣ture of the Kings Preroga∣tive.
L. 1. In∣stit. 90.
Lib. 1.
Fol. 47.
Weston 1. c. 50.
61.
2 Instit. 84.
Prerog. c. 1.
Rus••w. Collect. 555.
Mr. White Majestas Intemera∣ta. p. 30.
••. The Subjects 〈…〉〈…〉 the Crown.
2 Instit. 128.
Vincu∣lum Fidei, & Leges es∣sentia.
7 Rep. p. 9. amit∣tit Regnum sed non Re∣gem, amit∣tit Patriam sed non Pa∣trem Pa∣trie.
Dyer. fol. 300.
7 Rep. p. 4.
14 H. 8.61. 43 H. 8. c. 3.
Lib. 1. Stanford Plea 54.
Coke Re∣port 7, p. 7. ex Stat. 11. H. 7. c. 1. 2 Eliz c. 2
Majestas Intemerata.
Claus 48. H. 3. M. 3. Tam militi••e quam liberi homines & omnes alii ad defensi∣onem Regis tenentur.
4 Instit. 7. In ••••ri••••lo Hestium suorum.
Lib. 2. c. 1.
Com. 3.5.
Roll. Eritt. 234.
Pusw. Col cer. 〈◊〉〈◊〉. 552,
2 Lib. 1. fol. 6.
Pasch. 19 E. 1. Rol. 36. North.
Instit. 149. West. 2.39. 1 R. 3. p. 2. c. 15. Rol. Brit. 85.
Com. pl. 316.
Rol. Parl. 5 H. 4. No 24.
13 Car. 2. c. 6. 14 Car. 2. c. 3.
Thirdly. Hew care∣ful our Ancestors have been to pre∣serve the Preroga∣tives.
Rush∣worth's Collect, 578.
Westons. c. 50. 2 Instit. 263.
Re••l. Parlia∣ment. 43 Ed. 3. No. 7.
4 Iucti••. 51.
Roll. Parlam. 2 R. 2. Stat. 2. cap. 4.
Davis Reports 86.
4 Institu. 42. How the Judges have re∣solved up∣on Acts of Parlia∣ment that Insringe the Pre∣regative.
Ibid.
Maje∣stas Inte∣morata.
Cokes Report. 12. p. 14.
Ibid. p. 18.
Ibid. p. 18.
Quicquid in Regali∣bus est Ita est Prin∣cipibus privatum ut Subditis quod suum est. Selden prefat. Mare Clau∣sum.
Maje∣statis Inte∣merata.
12 Rep. 18
Inferences from the premises.
31 Eliz. c. 4.
An A∣bridge∣ment of the Penal Laws.
1 Eliz.
Cap. 4.
••. 5.
The grounds of these Laws.
〈…〉〈…〉
Cap. 2.
Cap. 2.
Cap. 4.
First con∣sideration how the grounds of those se∣verities now cease.
The se∣cond Rea∣son.
The grounds of them now cease.
The se∣cond In∣conve∣nience.
The last Inconve∣nience.
The diffe∣rence be∣twixt Roman Catholics, and other Dissenters from the Church of England.