The judgment and doctrine of the Church of England concerning one special branch of the King's prerogative, viz. in dispencing with the penall laws / asserted by the most reverend father in God, the lords Arch-Bishops Bancroft, Laud and Usher, the right reverend fathers in God, the lords Bishops Sanderson and Cartwright, the reverend doctors, Sir Thomas Ridley L.L.D., Dr. Hevlin, Dr. Barrow, Dr. Sherlock master of the temple, Dr. Hicks, Dr. Nalson and Dr. Puller ; and by the anonymus, author of The harmony of divinity and law : together with the concurring resolutions of our reverend judges, as most consonant and agreeable thereunto ; in a letter from a gentleman of Oxford, to his friend at London.
         Gentleman of Oxford.
      
       
         
           1687
        
      
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             The judgment and doctrine of the Church of England concerning one special branch of the King's prerogative, viz. in dispencing with the penall laws / asserted by the most reverend father in God, the lords Arch-Bishops Bancroft, Laud and Usher, the right reverend fathers in God, the lords Bishops Sanderson and Cartwright, the reverend doctors, Sir Thomas Ridley L.L.D., Dr. Hevlin, Dr. Barrow, Dr. Sherlock master of the temple, Dr. Hicks, Dr. Nalson and Dr. Puller ; and by the anonymus, author of The harmony of divinity and law : together with the concurring resolutions of our reverend judges, as most consonant and agreeable thereunto ; in a letter from a gentleman of Oxford, to his friend at London.
             Gentleman of Oxford.
          
           46 p.
           
             Printed for J.H. and T.S. ...,
             London :
             1687.
          
           
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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         eng
      
       
         
           Bancroft, Richard, 1544-1610.
           Prerogative, Royal -- Great Britain.
           Church and state -- Great Britain.
           Religious tolerance -- Church of England.
        
      
    
     
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           THE
           JUDGMENT
           and
           DOCTRINE
           Of
           the
           Clergy
           of
           the
           Church
           of
           England
           ,
           CONCERNING
           One
           special
           Branch
           of
           the
           King's
           
             Prerogative
             ,
             Viz.
          
           In
           dispencing
           with
           the
           
             Penall
             Laws
          
           ,
           Asserted
           by
           The
           most
           Reverend
           Fathers
           in
           God
           ,
           The
           Lords
           Arch-Bishops
           
             Bancroft
             ,
             Laud
          
           and
           Vsher
           .
        
         
           The
           Right
           Reverend
           Fathers
           in
           God
           ,
           The
           Lords
           Bishops
           Sanderson
           and
           Cartwright
           .
        
         
           The
           Reverend
           Doctors
           ,
           Sir
           
             Thomas
             Ridley
          
           L.
           L.
           D.
           Dr
           Heylin
           ,
           Dr
           Barrow
           ,
           Dr
           Sherlock
           Master
           of
           the
           Temple
           ,
           Dr
           Hicks
           ,
           Dr
           Nalson
           and
           Dr
           Puller
           .
        
         
           And
           by
           the
           ANONYMVS
           ,
           Author
           of
           the
           
             Harmony
             of
             Divinity
             and
             Law.
          
           
        
         
           Together
           with
           the
           
             Concurring
             Resolutions
          
           of
           our
           Reverend
           Judges
           ,
           as
           most
           Consonant
           and
           Agreeable
           thereunto
           .
        
         
           
             In
             a
             Letter
             from
             a
             Gentleman
             of
          
           Oxford
           ,
           
             to
             his
             Friend
             at
          
           London
           .
        
         
           Licenced
           
             the
             2d
             .
             of
          
           May
           1687.
           
        
         
           Upon
           whomsoever
           God
           is
           understood
           to
           bestow
           the
           Soveraign
           Authority
           ,
           he
           must
           also
           be
           understood
           to
           bestow
           upon
           him
           all
           the
           
             Jura
             Majestatis
          
           ;
           or
           Essential
           Rights
           of
           Soveraignty
           ,
           according
           to
           that
           Maxim
           ,
           
             Qui
             dat
             esse
             ,
             dat
             &
             omnia
             pertinentia
             ad
             esse
             ;
             He
             that
             gives
             the
             Essence
             ,
             gives
             also
             the
             Properties
             belonging
             to
             the
             Essence
             .
          
           
             Jovian
             ,
             or
             an
             Answer
             to
             Julian
             the
             Apostate
             ,
             chap.
             11.
             
          
        
         
           London
           ,
           Printed
           for
           
             J.
             H.
          
           and
           
             T.
             S.
          
           and
           are
           to
           be
           had
           at
           most
           Book-sellers
           ,
           in
           London
           and
           Westminster
           .
        
      
    
     
       
         
         
         
           
             SIR
             ,
          
        
         
           IN
           one
           of
           the
           late
           Conferences
           you
           were
           pleased
           to
           have
           with
           me
           ,
           you
           seemed
           to
           be
           somewhat
           disatisfied
           upon
           the
           subject
           we
           were
           discoursing
           of
           ,
           which
           was
           ,
           whither
           the
           King
           had
           by
           Law
           such
           a
           
             Supream
             Power
          
           inherent
           in
           ,
           and
           inseparably
           annexed
           to
           his
           Crown
           ,
           as
           to
           Dispence
           with
           Penal
           Laws
           .
        
         
           I
           remember
           I
           then
           told
           you
           ,
           we
           could
           not
           resolve
           our selves
           of
           this
           Great
           Point
           ,
           but
           by
           these
           two
           wayes
           .
        
         
           1.
           
           To
           see
           ,
           how
           far
           the
           Judgment
           of
           our
           Church-men
           ,
           appearing
           in
           their
           Doctrines
           (
           which
           are
           for
           our
           Edification
           )
           doth
           Warrant
           this
           Prerogative
           to
           be
           in
           the
           King.
           
        
         
         
           II.
           To
           see
           how
           far
           the
           
             Judges
             Resolutions
          
           (
           in
           declaring
           their
           sence
           of
           the
           Law
           of
           the
           Land
           in
           this
           doubtful
           Question
           ,
           )
           do
           agree
           with
           such
           their
           Judgments
           and
           Doctrines
           .
        
         
           And
           as
           for
           the
           First
           ,
           Sir
           ,
           I
           doubt
           not
           but
           to
           make
           it
           clear
           ,
           past
           all
           peradventure
           ,
           that
           our
           
             Reverend
             Clergy
          
           of
           the
           Church
           of
           England
           have
           unanimously
           concurred
           in
           this
           Point
           of
           Doctrine
           ,
           that
           it
           doth
           inseparably
           belong
           to
           the
           
             Kingly
             office
          
           to
           dispence
           with
           
             Penal
             Laws
          
           ,
           when
           ever
           such
           a
           Supremacy
           of
           Power
           shall
           be
           thought
           necessary
           to
           be
           exerted
           for
           the
           safety
           of
           the
           King
           ,
           and
           the
           Good
           and
           Ease
           of
           his
           People
           in
           general
           .
           And
           if
           I
           can
           prove
           this
           undeniably
           to
           You
           ;
           I
           hope
           then
           that
           this
           nice
           Scruple
           of
           yours
           (
           which
           by
           the
           way
           ,
           I
           suppose
           ,
           you
           will
           allow
           me
           to
           call
           your
           
             tender
             Conscience
          
           )
           will
           easily
           be
           removed
           ;
           and
           consequently
           then
           it
           may
           be
           presumed
           ,
           I
           shall
           
           have
           less
           difficulty
           to
           Satisfie
           You
           in
           the
           other
           Point
           ,
           that
           
             this
             sence
          
           of
           the
           Law
           of
           the
           Land
           in
           the
           point
           in
           Question
           ,
           is
           no
           other
           ,
           than
           what
           is
           
             exactly
             Correspondent
          
           with
           the
           Judgment
           and
           Doctrine
           of
           the
           Clergy
           of
           the
           Church
           of
           England
           .
        
         
           To
           begin
           then
           ,
        
         
           The
           Reverend
           Dean
           of
           Worcester
           ,
           in
           his
           so
           deservedly
           applauded
           Answer
           to
           
           Julian
           the
           Apostate
           ,
           declares
           ,
           
             that
             the
             English
             Realm
             is
             a
             perfect
             soveraignty
             ,
             or
             Empire
             ,
             and
             that
             the
             King
             of
          
           England
           
             by
             the
             Imperial
             Laws
             of
             it
             ,
             is
             a
             Compleat
             ,
             Imperial
             ,
             and
             Independant
             Soveraign
             .
          
           And
           he
           quotes
           Coke
           in
           Cawdrye's
           Case
           ,
           who
           saith
           ,
           that
           by
           the
           antient
           Laws
           of
           this
           Realm
           ,
           England
           is
           an
           absolute
           Empire
           ,
           and
           Monarchy
           ;
           and
           that
           the
           King
           is
           furnished
           with
           plenary
           and
           Entire
           Power
           ,
           Prerogative
           ,
           and
           Jurisdiction
           ,
           and
           is
           supream
           Governour
           over
           all
           persons
           within
           this
           Realm
           .
        
         
           Now
           
             it
             would
             be
             a
             contradiction
             to
             call
          
           
           
             this
             an
             Imperial
             Crown
             ;
             to
             acknowledge
             the
             King
             for
             supream
             over
             all
             Persons
             ,
             —
             and
             that
             he
             is
             furnished
             with
             Plenary
             and
             entire
             Power
             ,
             unless
             He
             have
             all
             Those
             Rights
             ,
             which
             are
             involved
             in
             the
             very
             Notion
             of
             his
             Imperial
             Soveraignty
             .
          
        
         
           
             By
             the
             Rights
             of
             Soveraign
          
           ,
           saith
           He
           ,
           
             I
             understand
             Those
             Prerogatives
             ,
             and
             Preeminences
             of
             Power
             and
             Greatness
             ,
             which
             are
             involved
             in
             the
             Formal
             Conception
             of
             Soveraignty
             ,
             and
             are
             inseparably
             annexed
             to
             the
             Soveraign
             .
             —
             He
             hath
             no
             sharers
             or
             Co-partners
             in
             the
             Soveraignty
             ;
             None
             Co-ordinate
             with
             him
             in
             Government
             ;
             no
             Equal
             ,
             nor
             Superiour
             ,
             but
             only
             God
             ,
             to
             whom
             Alone
             He
             is
             subject
             ,
             —
          
           
             All
             Power
             and
             Jurisdiction
             Spiritual
             and
             Temporal
             is
             derived
             and
             deducted
             from
             Him
             ,
             as
             supream
             Head
             of
             These
             Churches
             ,
             and
             Realms
             .
          
        
         
           
             There
             are
             some
             Essential
             Rights
             of
             the
          
           
           
             Crown
             ,
             which
             the
             Subjects
             cannot
             obtain
             from
             their
             Soveraign
             by
             any
             Grant
             or
             prescription
             ,
          
           
           
             without
             destroying
             the
             essential
             and
             individual
             Rights
             of
             Monarchy
             .
             These
             Rights
             ,
             called
             the
             Flowers
             of
             the
             Crown
             ,
          
           are
           
             Regalia
             Suprema
          
           ,
           or
           
             Summa
             Jura
             Imperij
             ,
             regno
             tuendo
             servientia
             ,
             inherent
             to
             his
             Royal
             Function
             ,
             and
             politick
             Capacity
             ,
             and
             serve
             for
             the
             strength
             and
             support
             thereof
             —
             such
             are
             the
             Rights
             of
             making
             War
             and
             Peace
             ,
             of
             having
             the
             last
             Appeal
             unto
             him
             ,
             or
             his
             Great
             Council
             and
             supream
             Court
             ;
             and
             of
             making
             Leagues
             ,
             and
             of
          
           Dispensing
           with
           Penal
           Laws
           ,
           
             granting
             pardons
             ,
             and
             such
             like
             .
          
        
         
           Now
           if
           the
           
             King
             hath
             a
             perfection
             and
             fulness
             of
             Imperial
             Power
             in
             him
             ,
          
           as
           Dr
           
           Hicks
           hath
           clearly
           made
           out
           ,
           and
           This
           Power
           of
           dispensing
           with
           Penal
           Laws
           be
           (
           as
           it
           must
           be
           ,
           or
           nothing
           )
           one
           of
           
             those
             Prerogatives
             and
             Pre-eminencies
             of
             power
             and
             Greatness
             ,
             which
             are
             involved
             in
             the
             Formal
             Conception
             of
             Soveraignty
          
           ;
           Then
           certainly
           it
           is
           very
           plain
           ,
           that
           This
           is
           
             an
             Essential
             Right
             inseparably
             annexed
          
           to
           our
           Imperial
           Soveraign
           :
           and
           to
           go
           about
           
           to
           deprive
           him
           of
           such
           an
           inherent
           Right
           ,
           it
           would
           
             tend
             to
             the
             disinherison
             of
             the
          
           
           
             King
             and
             his
             Crown
             .
             This
             Phrase
             ,
          
           he
           saith
           ,
           
             of
             the
             disinherison
             of
             the
             King
             and
             the
             Crown
             in
             other
          
           *
           
             Acts
             of
             Parliament
             is
             called
             ,
             The
             Destruction
             of
             the
             King's
             Soveraignty
             ,
             his
             Crown
             ,
             his
             Regality
             ,
             and
             things
             that
             tend
             thereunto
             ,
             things
             that
             are
             openly
             against
             the
             King's
             Crown
             in
             Derogation
             of
             this
             Regality
             .
          
        
         
           And
           ,
           Sir
           to
           convince
           You
           ,
           that
           the
           King
           hath
           this
           Perfection
           and
           fulness
           of
           Power
           ,
           more
           especially
           in
           matters
           of
           Religion
           ,
           in
           his
           sacred
           Person
           ,
           you
           may
           please
           to
           be
           informed
           ,
           that
           that
           Great
           Metropolitan
           of
           
             All
             England
          
           ,
           
             Arch-bishop
             Bancroft
             ,
             when
             Question
             was
             made
             of
             
             what
             matters
             the
             Ecclesiastical
             judges
             have
             cognisance
             ,
             either
             upon
             the
             exposition
             
             of
             the
             Statutes
             concerning
             Tythes
             ,
             or
             any
             other
             thing
             Ecclesiastical
             ,
             or
             upon
             the
             Statute
             1
             Eliz.
             concerning
             the
             High
             Commission
             ,
             or
             in
             any
             other
             case
             in
             which
             there
             is
             not
             express
             Authority
             in
             Law
             ,
          
           
           declared
           ,
           
             That
             the
             King
             himself
             may
             decide
             it
             in
             his
             
               Royal
               Person
            
             ;
             and
             that
             the
             Judges
             are
             but
             the
             Delegates
             of
             the
             King
             ,
             and
             that
             the
             King
             may
             take
             what
             causes
             he
             shall
             please
             to
             determine
             ,
             from
             the
             Determination
             of
             the
             Judges
             ,
             and
             may
             determine
             them
             himself
             .
             And
             the
             Archbishop
             said
             ,
             that
             this
             was
             clear
             in
             Divinity
             ,
             that
             such
             Authority
             belongs
             to
             the
             King
             by
             the
             word
             of
             God
             in
             the
             Scripture
             .
          
           So
           that
           Eminent
           Prelate
           .
        
         
           For
           ,
           as
           it
           is
           well
           observed
           by
           that
           Learned
           Knight
           ,
           and
           Doctor
           in
           the
           Civil
           Law
           ,
           Sir
           
             Thomas
             Ridley
          
           .
           
             His
             Majesty
             ,
             by
             
             communicating
             his
             Authority
             to
             the
             Judges
             to
             expound
             his
             Laws
             ,
             doth
             not
             thereby
             abdicate
             the
             same
             from
             himself
             ,
             but
             that
             he
             may
             assume
             it
             again
             to
             him
             ,
             when
             ,
             and
             as
             often
             as
             he
             pleaseth
             ,
             whose
             Interpretation
             in
             that
             is
             to
             be
             preferred
             before
             Theirs
             .
          
           For
           ,
           as
           he
           saith
           in
           another
           place
           ,
           
             He
             is
             both
             by
             the
             Ordinance
             of
             God
             and
             Man
             ,
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             (
             as
             the
             
             Apostle
             terms
             him
             )
             among
             them
             ,
             that
             is
             ,
             One
             who
             is
             
               Supream
               Soveraign
            
             above
             the
             
             
             Rest
             ,
             and
             whom
             they
             ought
             in
             all
             things
             to
             obey
             ,
             so
             it
             be
             not
             against
             the
             Law
             of
             God
             ,
             and
             
               Common
               Justice
            
             ;
             for
             himself
             is
             insteed
             of
             the
             
               whole
               Law
            
             ,
             Yea
             ,
             he
             is
             the
             Law
             it self
             ,
             and
             the
             only
             INTERPRETER
             thereof
             ,
             as
             in
             whose
             Breast
             is
             the
             
               whole
               Knowledg
            
             of
             the
             same
             .
          
        
         
           Now
           ,
           Sir
           ,
           what
           Answer
           can
           you
           give
           to
           all
           This
           ?
           if
           it
           be
           
             clear
             in
             Divinity
             ,
             that
             such
             Authority
             belongs
             to
             the
             King
             by
             the
             word
             of
             God
             in
             the
             Scripture
             ,
          
           with
           what
           Colour
           of
           Reason
           can
           you
           deny
           the
           King
           's
           
             Imperial
             Soveraignty
          
           in
           dispensing
           with
           
             Penal
             Laws
          
           ?
        
         
           But
           to
           proceed
           more
           clearly
           to
           the
           Point
           in
           Question
           ,
           The
           most
           Reverend
           ,
           Renowned
           and
           Religious
           Prelate
           and
           Patriot
           ,
           Dr
           
             W.
             Laud
          
           ,
           Archbishop
           of
           Canterbury
           ,
           
             A
             man
             of
             such
             
               Eminent
               vertue
            
             ,
             (
             as
             the
             Author
             
             of
             his
             life
             writes
             of
             him
             )
             Such
             an
             
               Exemplary
               Piety
            
             towards
             God
             ,
             such
             an
             
               unwearied
               fidelity
            
             to
             his
             
               Gracious
               Soveraign
            
             ,
             and
             of
             such
             a
             
               Publick
               Soul
            
             towards
             Church
             and
             State
             ,
             that
             
               he
               lived
               the
               Honour
               ,
               and
               dyed
               a
               Martyr
               of
               both
               .
            
             I
             say
             ,
             
             
             this
             Great
             ,
             but
             at
             last
             unfortunate
             Prelate
             ,
             thus
             delivers
             his
             Considerate
             Opinion
             ,
             
             that
             the
             
               Supream
               Magistrate
            
             in
             the
             
               Estate
               Civil
            
             ,
             may
             not
             abrogate
             the
             Laws
             made
             in
             Parliament
             ,
             though
             he
             may
             dispence
             with
             the
             Sanction
             or
             Penalty
             of
             the
             Law
             ,
             
               quoad
               hic
               &
               nunc
            
             ,
             as
             the
             Lawyers
             speak
             .
          
        
         
           The
           next
           I
           shall
           give
           You
           ,
           is
           ,
           that
           Learned
           and
           moderate
           Primate
           and
           Metropolitan
           of
           all
           Ireland
           ,
           Dr.
           
             James
             Vsher
          
           ,
           late
           Lord
           Arch-bishop
           of
           Armagh
           ,
           who
           in
           his
           Book
           entituled
           ,
           
             The
             Power
             communicated
             by
             God
             to
             the
             Prince
             ,
             and
             the
             obedience
             required
             of
             the
             Subject
             ,
          
           composed
           purposely
           for
           the
           Rights
           both
           of
           Princes
           and
           Subjects
           ,
           
           and
           for
           the
           comfirmation
           of
           staggering
           Loyalty
           ,
           assures
           us
           ,
           that
           POSITIVE
           LAWS
           ,
           
             being
             (
             as
             other
             works
             of
             men
             are
             )
          
           IMPERFECT
           
             and
             not
             free
             from
             many
             discommodities
             ,
             if
             the
          
           STRICT
           OBSERVATION
           
             thereof
             should
             be
             pursued
             in
          
           EVERY
           PARTICULAR
           ;
           
             it
             is
             fit
             the
          
           SUPREAM
           
             Governour
             should
             not
             himself
             only
             be
          
           EXEMPTED
           
           from
           SUBJECTION
           
             thereunto
             ,
             but
             also
             be
             so
             far
          
           LORD
           OVER
           THEM
           ,
           
             that
             where
             he
             feeth
             cause
             he
             may
          
           ABATE
           ,
           or
           TOTALLY
           REMIT
           the
           PENALTY
           
             incurred
             by
             the
             Breach
             of
             them
             ,
          
           DISPENCE
           
             with
             others
             for
             the
          
           NOT
           OBSERVING
           of
           them
           at
           all
           ;
           
             yea
             ,
             and
             generally
          
           SUSPEND
           the
           EXECUTION
           
             of
             them
             ,
             when
             by
             experience
             he
             shall
             find
             the
             Inconveniences
             to
             be
             greater
             then
             the
             profit
             that
             was
             expected
             should
             redound
             thereby
             unto
             the
             Common-wealth
             .
          
           PLUTARCH
           setteth
           
           
             this
             down
             as
             a
             chief
             point
             of
             that
             natural
             skill
             which
          
           PHILOPOEMEN
           
             had
             in
             Government
             ,
             that
             he
          
           
             did
             not
             only
             rule
             according
             to
             the
             Laws
             ,
             but
             over-ruled
             the
             Laws
             themselves
             ,
             when
             he
             found
             it
             conducing
             to
             the
             weal-publick
             .
          
        
         
           And
           he
           saith
           a
           little
           before
           ,
           
             by
             the
          
           LAW
           OF
           THE
           KING
           ,
           
             I
             understand
             such
             ordinances
             as
             are
          
           MEERLY
           CIVIL
           and
           POSITIVE
           ;
           the
           COACTIVE
           POWER
           
             whereof
             being
          
           DERIVED
           
             from
             him
             who
             is
             the
          
           SUPREAM
           LAW-GIVER
           UNDER
           GOD
           ON
           EARTH
           ,
           
             He
             himself
             cannot
          
           
           
             properly
             be
             said
             to
             be
             tyed
             thereby
             .
             For
             as
             with
             the
             Grammarians
             ,
             the
             Imperative
             mood
             hath
             no
             first
             Person
             ,
             so
             with
             the
             Civilians
             ,
          
           a
           no
           man
           can
           command
           or
           forbid
           himself
           ;
           
             at
             least
             wise
          
           ,
           no
           b
           man
           can
           impose
           such
           a
           Law
           upon
           himself
           ,
           but
           that
           he
           may
           recede
           from
           it
           when
           he
           pleaseth
           .
           
             And
             with
             the
             Schoolmen
             ▪
          
           a
           Law
           hath
           power
           to
           direct
           such
           Acts
           as
           belong
           to
           those
           who
           are
           subject
           to
           the
           Government
           of
           c
           another
           ;
           whereupon
           no
           man
           ,
           if
           we
           speak
           properly
           ,
           doth
           impose
           a
           Law
           upon
           his
           own
           Acts.
           
             As
             no
             man
             therefore
             is
             superior
             to
             himself
             ,
             so
             no
             man
             hath
             Jurisdiction
             over
             himself
             ;
             because
             none
             can
             oblige
             a
             man
             against
             his
             will
             ,
             but
             only
             his
             Superiour
             ,
             and
             the
          
           Jurisdiction
           over
           a
           man's
           self
           may
           be
           dissolved
           at
           Pleasure
           .
        
         
           KINGS
           therefore
           ,
           as
           he
           affirms
           in
           another
           place
           ,
           
             are
             said
             to
             be
          
           ABOVE
           THE
           LAWS
           
             whereby
             they
             govern
             their
             People
             ,
             partly
             in
             respect
          
           of
           Themselves
           ,
           
             partly
             in
             respect
             of
          
           Others
           :
           Of
           OTHERS
           ,
           
             in
             asmuch
             as
             they
             have
          
           POWER
           to
           JUDGE
           a
           
             according
             to
             their
             own
          
           CONSCIENCE
           ,
           
           
             and
             not
             according
             to
             the
          
           Letter
           
             of
             the
          
           Law
           ;
           
             as
             also
             to
          
           DISPENCE
           
             in
             some
             Cases
             with
          
           
           
             the
             very
          
           OBEDIENCE
           ,
           
             in
             some
             with
             the
          
           PUNISHMENT
           required
           by
           the
           LAW
           .
        
         
           For
           ,
           he
           quotes
           
             Aeneas
             Silvius
          
           a
           little
           after
           saying
           ,
           
             Equity
             is
             that
             which
             is
             
               just
               beyond
            
             the
             
               written
               Law
            
             :
             Now
             if
             the
             Law
             doth
             command
             
               one
               thing
            
             ,
             and
             Equity
             perswade
             another
             ,
             it
             is
             fit
             the
             Emperor
             should
             temper
             the
             Rigour
             of
             the
             Law
             with
             the
             Bridle
             of
             Equity
             ,
             as
             He
             who
             alone
             may
             and
             ought
             to
             look
             unto
             that
             interpretation
             which
             lieth
             interposed
             between
             Law
             and
             Equity
             .
             Especially
             seeing
             
               no
               Decree
            
             of
             the
             Law
             ,
             although
             weighed
             with
             never
             so
             
               considerate
               Councel
            
             ,
             can
             sufficiently
             answer
             the
             varieties
             and
             unthought
             on
             plottings
             of
             
               Mans
               Nature
            
             .
             And
             seeing
             the
             Condition
             of
             
               human
               Law
            
             is
             such
             ,
             that
             it
             runneth
             always
             without
             stint
             ,
             and
             there
             is
             nothing
             in
             it
             which
             can
             be
             at
             a
             
               perpetual
               stand
            
             ;
             it
             is
             manifest
             ,
             that
             in
             tract
             of
             time
             the
             Laws
             which
             before
             were
             just
             ,
             prove
             afterwards
             to
             be
             unjust
             ,
             and
             become
             now
             unprofitable
             ,
             now
             harsh
             ,
             now
             
             unrighteous
             :
             for
             the
             moderating
             whereof
             there
             is
             need
             of
             the
             Prince
             ,
             who
             is
             Lord
             of
             the
             LAWS
             .
             For
             if
             it
             fall
             out
             ,
             that
             any
             thing
             hath
             been
             more
             obscurely
             delivered
             therein
             ,
             it
             is
             fit
             the
             Emperor
             should
             clear
             it
             ,
             and
             amend
             that
             harshness
             of
             the
             Laws
             ,
             which
             he
             shall
             find
             to
             be
             contrary
             and
             disagreeable
             to
             his
             humanity
             .
             For
             where
             it
             is
             said
             ,
             that
             a
             Law
             ,
             although
             it
             be
             hard
             ,
             should
             yet
             be
             observed
             ;
             that
             respecteth
             the
             
               inferiour
               Judges
            
             ,
             and
             not
             the
             Emperour
             ;
             in
             whom
             is
             that
             Power
             of
             moderating
             the
             Laws
             which
             they
             call
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             or
             Equity
             ,
             which
             is
             so
             annexed
             to
             the
             Supremacy
             of
             the
             Prince
             ,
             that
             by
             
             no
             Decrees
             of
             man
             it
             can
             be
             pulled
             from
             it
             .
             Thus
             far
             
               Aeneas
               Silvius
            
             out
             of
             him
             .
          
        
         
           
             In
             regard
             of
             Themselves
             Kings
             are
             said
             to
             be
             exempted
             from
             Subjection
             to
             the
             Laws
             ,
             both
             because
             they
             are
             not
             tyed
          
           (
           otherwise
           than
           for
           conveniency
           and
           good
           Example's
           sake
           )
           
             to
             the
             observance
             of
             such
             as
             are
             meer
             positive
             and
             temporary
             Laws
             ;
             and
             because
             they
             are
             not
             
             liable
             to
             the
             Civil
             Punishments
             set
             down
             for
             the
             breach
             of
             any
             Law
             ,
             as
             having
             no
             superiour
             upon
             earth
             that
             may
             exercise
             any
             such
             Power
             over
             them
             .
          
        
         
           And
           again
           ,
           saith
           this
           Great
           Prelate
           ,
           
             while
             the
             Laws
             do
             stand
             in
             force
             ,
          
           a
           it
           is
           fit
           
             that
             somtimes
             the
             King's
             Clemency
             should
             be
             mingled
             with
             the
             severity
             of
             them
             ;
             especially
             when
             by
             that
             means
             the
             subjects
             may
             be
             freed
             from
             much
             detriment
             and
             dammage
             :
             b
             The
             Condition
             of
             the
             Magistrates
             ,
             whose
             Sentence
             is
             held
             corrupt
             ,
             if
             it
             be
             milder
             than
             the
             Laws
             ,
             being
             one
             thing
             ;
             the
             Power
             of
             Princes
             ,
             whom
             it
             becometh
             to
             qualifie
             the
             sharpness
             of
             them
             ,
             a
             far
             
               different
               matter
            
             .
          
        
         
           To
           this
           Eminently
           Reverend
           and
           Judicious
           Primate
           ,
           I
           shall
           next
           subjoyn
           the
           c
           
             humble
             ,
             patient
          
           and
           learned
           Dr
           
             Robert
             Sanderson
          
           ,
           late
           Lord
           Bishop
           of
           Lincoln
           ,
           that
           you
           may
           see
           what
           his
           Opinion
           is
           in
           this
           matter
           .
           But
           before
           I
           give
           you
           his
           Words
           ,
           let
           me
           beg
           your
           favour
           to
           hear
           what
           the
           Modest
           and
           
             Holy
             Writer
          
           of
           his
           Life
           ,
           Dr
           
             Isaac
             Walton
          
           says
           of
           that
           Book
           from
           
           whence
           I
           produce
           them
           .
           
             How
             much
             the
             Learned
             World
             stands
             obliged
             to
             Him
             for
             his
             Lectures
          
           de
           Conscientia
           ,
           
             I
             shall
             not
             attempt
             to
             declare
             ,
             as
             being
             very
             sensible
             ,
             that
             the
             Best
             Pens
             must
             needs
             fall
             short
             in
             the
             commendation
             of
             them
             :
             So
             that
             I
             shall
             only
             add
             ,
             that
             they
             continue
             unto
             this
             day
             ,
             and
             will
             do
             for
             ever
             ,
             as
             a
             Compleat
             Standard
             for
             the
             Resolution
             of
             the
             most
             material
             doubts
             in
             Casuistical
             Divinity
             .
          
           And
           now
           Sir
           ,
           pray
           observe
           what
           the
           Bishop
           says
           .
        
         
           
             Vpon
             a
             Doubt
             ,
             how
             may
             that
             be
             understood
             which
             so
             commonly
             is
             spoken
             ,
          
           Salus
           Populi
           
           est
           Suprema
           Lex
           ,
           the
           safety
           of
           the
           People
           is
           the
           Supream
           Law
           ;
           he
           ,
           among
           other
           things
           ,
           thus
           declares
           ,
           
             There
             is
             no
             sober
             man
             will
             deny
             ,
             that
             the
             
               Safety
               of
               the
               People
            
             ,
             that
             is
             ,
             of
             the
             
               whole
               Commonalty
            
             ,
             as
             that
             word
             comprehends
             the
             King
             ,
             together
             with
             the
             Subjects
             ,
             is
             the
             
               Supream
               Law
            
             ;
             but
             that
             the
             
               Safety
               of
               the
               People
            
             ,
             that
             is
             ,
             of
             the
             Subjects
             ,
             the
             King
             being
             excluded
             ,
             is
             the
             
               Supream
               Law
            
             ,
             there
             is
             no
             man
             will
             affirm
             it
             ,
             unless
             he
             be
             a
             Fool
             ,
             or
             an
             Imposter
             ;
             a
             Fool
             ,
             if
             he
             doth
             
             believe
             what
             he
             himself
             saith
             ,
             and
             an
             Imposter
             ,
             if
             he
             doth
             not
             believe
             it
             .
             But
             if
             any
             man
             will
             seriously
             look
             into
             the
             Original
             of
             this
             Aphorism
             ,
             I
             do
             believe
             he
             will
             more
             easily
             grant
             ,
             that
             it
             ought
             more
             precisely
             to
             be
             understood
             of
             the
             Safety
             of
             the
             Prince
             ,
             than
             of
             the
             Safety
             of
             the
             Subjects
             .
             This
             Saying
             ,
             so
             tossed
             up
             and
             down
             in
             the
             Mouthes
             of
             all
             Men
             ,
             came
             to
             us
             from
             the
             Romans
             ,
             and
             was
             then
             used
             by
             them
             when
             their
             Republick
             did
             flourish
             most
             of
             all
             under
             a
             Popular
             State
             :
             And
             there
             is
             no
             great
             Reason
             that
             any
             man
             should
             wonder
             ,
             that
             the
             People's
             Safety
             was
             the
             Supream
             Law
             with
             them
             ,
             with
             whom
             the
             People
             themselves
             were
             the
             Supream
             Power
             ;
             In
             the
             Judgment
             therefore
             of
             those
             wise
             Antients
             ,
             who
             were
             the
             first
             Authors
             of
             this
             Aphorism
             ,
             the
             Safety
             of
             the
             
               Supream
               Power
            
             was
             the
             
               Supream
               Law
            
             ,
             of
             the
             People
             indeed
             in
             a
             Democracy
             ,
             but
             of
             a
             King
             in
             Monarchy
             .
          
        
         
           
             But
             I
             say
             ,
             it
             being
             admitted
             ,
             but
             not
             granted
             ,
             that
             this
             Aphorism
             is
             properly
             
             understood
             of
             the
             
               Safety
               of
               the
               People
            
             ,
             that
             is
             ,
             of
             the
             Subjects
             ,
             it
             is
             nevertheless
             perversly
             wrested
             to
             the
             Prejudice
             of
             
               Regal
               Dignity
            
             ,
             which
             even
             so
             doth
             render
             its
             Power
             more
             Ample
             and
             Illustrious
             in
             this
             sence
             .
             A
             King
             that
             gives
             Laws
             and
             Statutes
             to
             his
             People
             will
             not
             be
             so
             bound
             up
             by
             his
             Laws
             ,
             that
             it
             shall
             not
             be
             lawful
             for
             him
             ,
             the
             safety
             of
             the
             Common-wealth
             being
             in
             an
             apparent
             danger
             ,
             to
             provide
             for
             the
             safety
             of
             Kingdom
             and
             People
             committed
             to
             him
             by
             God
             ,
             even
             against
             the
             words
             of
             the
             Law
             ;
             not
             that
             it
             is
             lawful
             for
             Subjects
             under
             the
             pretence
             of
             the
             defence
             of
             their
             Liberty
             to
             break
             all
             the
             bonds
             of
             Laws
             and
             Fidelity
             ,
             and
             by
             an
             intollerable
             presumption
             to
             trample
             on
             the
             Authority
             of
             their
             King
             ,
             but
             that
             it
             is
             lawful
             for
             the
             Prince
             ,
             in
             the
             Preservation
             of
             his
             own
             and
             his
             
               Subjects
               Safety
            
             ,
             to
             
               lay
               aside
               for
               a
               while
               all
               strict
               observance
               of
               the
               Laws
               ,
               and
               to
               make
               use
               a
               little
               of
               an
               Arbitrary
               Right
               ,
               least
               by
               too
               unseasonable
               and
               superstitious
               Reverence
               of
               the
               Laws
               ,
            
             he
             may
             suffer
             both
             his
             
               own
               Person
            
             ,
             and
             his
             People
             
             that
             are
             subject
             to
             him
             ,
             and
             even
             the
             Laws
             themselves
             ,
             to
             fall
             into
             the
             Power
             of
             his
             Enemies
             .
          
        
         
           I
           will
           close
           up
           this
           Christian
           Doctrine
           of
           our
           Bishops
           with
           one
           Authority
           more
           ,
           and
           that
           is
           of
           our
           Present
           Right
           Reverend
           Father
           in
           God
           ,
           Thomas
           Lord
           Bishop
           of
           
           Chester
           ,
           in
           his
           Sermon
           on
           the
           6th
           of
           Feb.
           1685
           /
           6
           ;
           .
           in
           the
           Collegiate
           Church
           of
           Rippon
           ,
           where
           you
           will
           find
           him
           thus
           to
           inform
           you
           ,
           and
           all
           other
           good
           Subjects
           ;
           
             So
             that
             the
             King
             may
             ,
             it
             seems
             ,
             make
             use
             of
             
               his
               Prerogative
            
             ,
             as
             God
             does
             of
             
               his
               Omnipotence
            
             ,
             upon
             some
             extraordinary
             occasions
             :
             For
             as
             
               my
               Lord
               Hobart
            
             well
             observes
             ,
             
               The
               Statute
               Laws
               are
               made
               to
               ease
               him
               of
               his
               Labour
               ,
               not
               to
               deprive
               him
               of
               his
               Power
               ,
               and
               that
               he
               may
               make
               a
               Grant
            
             
             
               with
               a
            
             Non-obstante
             to
             them
             :
             And
             indeed
             the
             Power
             of
             dispensing
             with
             particular
             Laws
             ,
             in
             some
             Emergencies
             ,
             is
             such
             a
             
               Lex
               Coronae
            
             ,
             such
             a
             Prerogative
             ,
             without
             which
             no
             Kingdom
             can
             be
             well
             governed
             ,
             but
             
               Justice
               will
               be
               turned
               into
               Wormwood
               .
            
             For
             there
             never
             was
             yet
             ,
             nor
             ever
             
             will
             be
             ,
             any
             human
             Law
             ,
             framed
             with
             such
             exact
             Skill
             and
             Policy
             ,
             that
             it
             might
             not
             ,
             on
             some
             occasion
             or
             other
             ,
             be
             burthensome
             to
             the
             Subject
             ,
             and
             obstructive
             to
             the
             publick
             good
             of
             the
             Common-wealth
             :
             There
             being
             particular
             Cases
             and
             Exigencies
             ,
             so
             infinitely
             various
             ,
             that
             't
             is
             impossible
             for
             the
             wit
             of
             man
             to
             foresee
             or
             prevent
             them
             .
             And
             therefore
             in
             all
             Government
             there
             must
             be
             a
             
               Power
               Paramount
            
             to
             the
             
               written
               Law
            
             ;
             and
             we
             have
             good
             reason
             to
             bless
             God
             ,
             that
             this
             is
             lodged
             but
             
               in
               One
            
             ,
             and
             in
             him
             whom
             he
             hath
             set
             over
             us
             ,
             to
             be
             his
             Vice-gerent
             ;
             by
             whose
             Authority
             ,
             they
             who
             break
             
               the
               Letter
               of
               the
               Law
            
             ,
             in
             pure
             Zeal
             and
             Loyalty
             ,
             to
             serve
             the
             ends
             of
             Government
             ,
             and
             to
             uphold
             the
             Crown
             on
             the
             Right
             Head
             ,
             that
             does
             and
             ought
             to
             wear
             it
             ,
             may
             be
             relieved
             ,
             and
             pardoned
             ,
             and
             rewarded
             too
             .
          
        
         
           Thus
           Sir
           ,
           have
           I
           given
           you
           in
           short
           the
           Sence
           and
           Judgment
           of
           our
           Spiritual
           Guides
           ,
           the
           Great
           Fathers
           of
           the
           Church
           of
           England
           in
           the
           Point
           in
           Question
           between
           
           us
           ;
           I
           will
           now
           discend
           to
           men
           of
           less
           degree
           in
           the
           Church
           ,
           but
           they
           shall
           be
           men
           of
           great
           and
           eminent
           Learning
           ,
           sober
           Understandings
           ,
           and
           of
           examplary
           Piety
           and
           Gravity
           ,
           and
           you
           shall
           hear
           how
           they
           All
           concur
           in
           the
           same
           Judgment
           as
           concerning
           this
           Point
           of
           Regal
           Soveraignty
           .
        
         
           
             The
             First
             shall
             be
             the
             Reverend
             Dr
             
               Peter
               Heylin
            
             .
             whose
             knowledge
             was
             extensive
             as
             the
             Earth
             ,
             and
             who
             had
             a
             parfect
             familiarity
             with
             the
             present
             State
             
             of
             all
             the
             Countries
             in
             the
             World
             ,
          
           (
           as
           the
           Ingenious
           Author
           of
           his
           Life
           informs
           us
           )
           and
           
             one
             who
             is
             honoured
             by
             all
             true
             Sons
             of
             the
             Church
             of
             England
             ,
             with
             a
             due
             veneration
             for
             his
             Learned
             and
             Elabourate
             Works
             .
             And
             He
             speaks
             thus
             .
          
        
         
           
             He
             
               (
               viz.
            
             the
             King
             )
             hath
             Authority
             by
             his
             Prerogative
             Royal
             to
             dispence
             with
             the
             Rigor
             of
             the
             Laws
             ,
             and
             sometimes
             to
             pass
             by
             a
             Statute
             with
             a
             Non-obstante
             .
          
        
         
           The
           Learned
           and
           Judicious
           Dr
           
             Isaac
             Barrow
          
           ,
           late
           Master
           of
           
             Trinity
             Colledge
          
           in
           
           Cambridge
           ,
           in
           his
           Treatise
           concerning
           the
           
             Popes
             Supremacy
          
           affirms
           thus
           —
           
             It
             is
             indeed
             a
             proper
             Indowment
             of
             an
             absolute
             Soveraignty
             ,
             immediately
             and
             immutably
             constituted
             by
             God
             ,
             with
             no
             Terms
             or
             Rules
             limitting
             it
             ,
             that
             its
             will
             declared
             in
             way
             of
             Precept
             ,
             Proclamations
             concerning
             the
             Sanction
             of
             Laws
             ,
             the
             Abrogation
             of
             them
             ,
             the
             Dispensation
             with
             them
             ,
             should
             be
             observed
             .
          
        
         
           And
           says
           he
           a
           few
           Leaves
           futher
           ,
           
             The
             Power
             of
             enacting
             and
             dispencing
             with
             Ecclesiastical
             Laws
             touching
             exteriour
             Discipline
             did
             of
             old
             belong
             to
             the
             Emperor
             .
             And
             it
             was
             reasonable
             that
             it
             should
             ;
             because
             old
             Lawss
             might
             not
             conveniently
             sute
             with
             the
             Present
             State
             of
             things
             ,
             and
             the
             publick
             welfare
             ;
             because
             new
             Laws
             might
             conduce
             to
             the
             good
             of
             Church
             and
             State
             ,
             the
             care
             of
             which
             is
             incombent
             on
             him
             ;
             because
             the
             Prince
             is
             bound
             to
             use
             his
             Power
             and
             Authority
             to
             promote
             Gods
             Service
             ,
             the
             best
             way
             of
             doing
             which
             may
             be
             by
             framing
             Orders
             conducible
             thereunto
             .
          
        
         
         
           And
           in
           another
           place
           he
           declares
           that
           
             it
             is
             a
             Priviledge
             of
             Soveraigns
             to
             grant
             
               Priviledges
               ,
               Exemptions
               ,
               Dispensations
            
             .
          
        
         
           Thus
           sayes
           the
           Reverend
           
             Dr
             Sherlock
             ,
             Master
          
           of
           the
           Temple
           ,
           in
           a
           positive
           manner
           ,
           
             it
             does
             not
             become
             any
             man
             ,
             who
             can
             think
             three
             Consequences
             off
             ,
             to
             
             talk
             of
             the
             Authority
             of
             Laws
             ,
             in
             derogation
             to
             that
             Authority
             of
             the
             
               Soveraign
               Power
            
             .
          
           The
           
             Soveraign
             Power
          
           made
           the
           Laws
           ,
           and
           can
           repeal
           them
           ,
           and
           dispence
           with
           them
           ,
           and
           make
           new
           Laws
           :
           the
           
             
               only
               Power
            
             and
             Authority
             of
             the
             Laws
             is
             in
             the
             Power
             which
             can
             make
             and
             execute
             
               Laws
               .
               Soveraign
               Power
            
             is
             inseperable
             from
             the
             Person
             of
             a
             
               Soveraign
               Prince
            
             .
          
        
         
           I
           shall
           in
           the
           next
           place
           give
           you
           the
           words
           of
           the
           Ingenious
           ,
           and
           most
           painful
           Searcher
           into
           Truths
           ,
           
             John
             Nalson
             ,
             Dr.
          
           of
           Laws
           ,
           whose
           indefatigable
           Industry
           hath
           sufficiently
           appeared
           in
           those
           Volumes
           of
           Historical
           Collections
           he
           lived
           
           to
           see
           published
           to
           the
           World
           ,
           his
           words
           are
           These
           .
        
         
         
           
             In
             the
             
               Kings
               Power
            
             it
             is
             to
             remit
             the
             Severities
             of
             the
             
               Penal
               Laws
            
             ,
             whereby
             he
             may
             manifest
             his
             Goodness
             and
             Clemency
             as
             well
             as
             his
             Greatness
             and
             Justice
             ,
             by
             graciously
             pardoning
             the
             
               Smaller
               Breaches
            
             of
             his
             Laws
             ,
             and
             the
             more
             
               Capital
               Offences
            
             which
             he
             might
             most
             justly
             punnish
             .
          
        
         
           And
           who
           in
           the
           World
           can
           dispute
           this
           ?
           When
           ,
           as
           
             Dr.
             Hick's
          
           in
           his
           Jovian
           tells
           us
           for
           certain
           ,
           that
           
             upon
             whomsoever
             God
             is
             understood
             to
             bestow
             the
             Soveraign
             Authority
             ,
             he
             must
             also
             be
             understood
             to
             bestow
             upon
             him
             all
             the
          
           Jura
           Majestatis
           ,
           
             or
             essential
             Rights
             of
             Soveraignty
             ,
             according
             to
             that
             Maxime
             ,
          
           
             Qui
             dat
             esse
             ,
             dat
             et
             omnia
             pertinentia
             ad
             esse
             ;
             He
             that
             gives
             the
             Essence
             ,
             gives
             also
             the
             Properties
             belonging
             to
             the
             Essence
             .
          
           And
           doth
           not
           all
           mankind
           consent
           in
           this
           ,
           that
           the
           King
           is
           the
           
             fountain
             of
             mercy
             as
             well
             as
             of
             Justice
             ?
          
           Surely
           then
           the
           
             Penal
             Laws
          
           ,
           especially
           those
           made
           meerly
           for
           diversity
           of
           Opinions
           in
           Religion
           ,
           which
           (
           not
           to
           call
           them
           unchristian
           ;
           since
           
             our
             Saviour
             never
             offered
          
           
           
             any
             external
             force
             and
             Compulsion
             to
             make
          
           
           
             men
             obey
             his
             Laws
          
           ,
           as
           the
           Learned
           master
           of
           the
           Temple
           assures
           us
           ,
           but
           however
           )
           are
           in
           themselves
           by
           experience
           proved
           very
           unreasonable
           ,
           ought
           at
           least
           to
           be
           Subject
           to
           the
           Goodness
           and
           Mercy
           of
           the
           Prince
           ,
           to
           dispence
           with
           them
           ,
           when
           He
           in
           his
           Wisdom
           shall
           judge
           it
           most
           necessary
           for
           the
           Good
           of
           his
           People
           in
           generall
           .
           For
           as
           
             the
             
               Aegyptian
               Hieroglyphick
            
             for
             Government
             was
             an
             
               Eye
               in
               a
               Scepter
            
             :
             So
             the
             chief
             Magistrate
             is
             like
             a
             watchman
             
             upon
             a
             Tower
             ,
             who
             is
             to
             look
             down
             and
             view
             the
             general
             state
             of
             his
             People
             ,
             and
             to
             conduct
             himself
             accordingly
             .
          
        
         
           The
           Reverend
           
             Dr
             Puller
          
           ,
           in
           his
           most
           extraordinary
           Book
           concerning
           the
           
             Moderation
             os
             the
             Church
             of
             England
             ,
          
           saith
           ,
           
             that
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             ,
             Moderation
             ,
             as
             it
             is
             now
             generally
             used
             ,
             is
             a
             word
             borrowed
             from
             the
             Law
             ,
             and
             is
             used
             by
             the
             Masters
             
             thereof
             ,
             to
             denote
             such
             a
             gentle
             and
             benign
             temper
             ,
             as
             disposeth
             those
             who
             have
             the
             Administration
             of
             the
             Laws
          
           (
           which
           ,
           
           You
           see
           ,
           is
           the
           Imperial
           Soveraign
           ,
           
             who
             hath
             the
             Supream
             Jurisdiction
             over
             all
             others
             ,
          
           
           
             and
             Jurisdiction
             is
             defined
             by
             the
             Civilians
             to
             be
             ,
          
           Potestatem
           Juris
           dicendi
           ,
           a
           Power
           of
           giving
           Laws
           to
           others
           )
           
             to
             remit
             of
             their
             Rigour
             ,
             where
             either
             (
             first
             )
             they
             press
             too
             hard
             upon
             
               particular
               persons
            
             ;
             or
             else
             (
             secondly
             )
             to
             supply
             the
             defects
             of
             the
             said
             Laws
             ,
             where
             they
             
               provide
               not
            
             sufficiently
             for
             particular
             cases
             ;
             in
             order
             thereunto
             ,
             squaring
             their
             Determination
             by
             the
             
               natural
               rules
            
             of
             Justice
             and
             goodness
             ,
             rather
             than
             by
             the
             Letter
             of
             the
             Law.
             
          
        
         
           And
           a
           little
           further
           ,
           the
           same
           Doctor
           
           goes
           on
           ,
           saying
           ,
           
             moderation
             ,
             in
             the
             Forensick
             sence
             wherein
             we
             take
             it
             ,
             is
             defined
             by
             Aristotle
             to
             be
             
               the
               Correction
               of
            
             
             
               the
               Laws
               wherein
               because
               of
               their
               Vniversality
               they
               are
               deficient
               .
            
             From
             whence
             ,
             as
             it
             must
             be
             supposed
             ,
             to
             be
             confined
             to
             those
             to
             whom
             the
             Administration
             of
             the
             Laws
             is
             committed
             ,
             who
             Alone
             can
             have
             the
             Power
             of
             correcting
             them
             :
             So
             nothing
             therefore
             will
             be
             further
             requisite
             to
             shew
             ,
             than
             that
             it
             disposeth
             them
             ;
             
             where
             the
             Laws
             press
             too
             hard
             upon
             
               particular
               persons
            
             ,
             to
             relax
             the
             Rigour
             of
             them
             ;
             as
             on
             the
             other
             side
             ,
             where
             they
             do
             not
             
               sufficiently
               provide
            
             for
             them
             ,
             to
             supply
             their
             defect
             .
          
        
         
           
             All
             Laws
             ,
             we
             know
             ,
             are
             for
             the
             punishment
             of
             Evil
             Doers
             ,
             or
             for
             the
             praise
             of
             them
             that
             do
             well
             :
             but
             it
             being
             impossible
             so
             to
             provide
             for
             the
             punishment
             of
             evil
             doers
             ,
             as
             not
             sometimes
             to
             bring
             even
             the
             Innocent
             within
             the
             compass
             of
             it
             ;
             because
             what
             ,
             generally
             considered
             ,
             ought
             to
             be
             lookt
             upon
             and
             censured
             as
             evil
             ,
             may
             yet
             upon
             sundry
             considerations
             and
             circumstances
             have
             nothing
             of
             evil
             in
             it
             ,
             or
             at
             least
             be
             worthy
             of
             pardon
             ;
             either
             the
             Innocent
             must
             suffer
             together
             with
             the
             nocent
             ,
             (
             which
             so
             benign
             a
             vertue
             as
             that
             we
             treat
             of
             cannot
             allow
             )
             or
             it
             must
             dispose
             those
             to
             whom
             the
             Administration
             of
             the
             Laws
             is
             committed
             to
             remit
             of
             their
             rigour
             in
             such
             particulars
             ,
             and
             exempt
             them
             from
             the
             undergoing
             of
             it
             :
             it
             being
             in
             like
             manner
             impossible
             for
             Laws
             
             so
             to
             provide
             for
             the
             incouragement
             of
             those
             who
             deserve
             well
             ,
             as
             that
             sometime
             such
             may
             not
             be
             past
             over
             or
             neglected
             ;
             partly
             because
             all
             cases
             cannot
             be
             foreseen
             by
             the
             Law-giver
             ;
             and
             partly
             by
             reason
             of
             the
             shortness
             of
             his
             expressions
             ;
             either
             some
             who
             may
             deserve
             incouragement
             may
             be
             excluded
             from
             partaking
             of
             it
             ,
             (
             which
             so
             benign
             a
             vertue
             
             as
             we
             speak
             of
             cannot
             casily
             permit
             )
             or
             it
             must
             dispose
             those
             to
             whom
             the
             Administration
             of
             the
             Laws
             is
             committed
             to
             ampliate
             their
             favours
             ;
             and
             to
             take
             such
             within
             the
             compass
             of
             them
             .
          
        
         
           Once
           again
           ,
           
             Equity
             and
             moderation
             ,
             saith
             He
             in
             the
             next
             page
             ,
             is
             the
             
               publick
               honesty
            
             of
             the
             Laws
             ;
             without
             which
             ,
             Justice
             often
             would
             be
             turned
             into
             Wormwood
             :
             it
             contains
             the
             excellent
             Spirit
             (
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             )
             the
             mind
             and
             reason
             of
             the
             Law
             ,
             and
             is
             the
             most
             Sacred
             and
             
               venerable
               part
            
             of
             it
             :
             As
             it
             is
             the
             honour
             and
             perfection
             of
             the
             Laws
             ,
             so
             it
             is
             the
             Sanctuary
             of
             such
             as
             happen
             to
             be
             oppressed
             by
             the
             Rigour
             of
             the
             Letter
             .
          
        
         
         
           I
           will
           now
           ,
           Sir
           ,
           trouble
           you
           with
           but
           one
           instance
           more
           upon
           this
           Subject
           ,
           (
           though
           I
           could
           multiply
           ,
           I
           am
           confident
           ,
           Authorities
           of
           this
           kind
           even
           beyond
           your
           patience
           )
           and
           that
           is
           of
           One
           ,
           that
           will
           needs
           be
           Anonymus
           ,
           and
           therefore
           so
           he
           shall
           pass
           for
           me
           ,
           but
           his
           words
           are
           These
           .
        
         
           
             It
             is
             the
             Prerogative
             of
             the
             King
             ,
             to
             
             dispence
             with
             
               many
               Acts
            
             of
             Parliament
             by
             a
             *
             Non-obstante
             ,
             or
             
               clause
               of
               notwithstanding
            
             ,
             especially
             such
             ,
             as
             bind
             him
             from
             any
             Prerogative
             ,
             that
             is
             solely
             ,
             and
             inseparably
             annexed
             to
             his
             
               Sacred
               Person
            
             ,
             and
             
               Royal
               Power
            
             .
          
        
         
           And
           even
           to
           the
           Asterick
           *
           There
           is
           this
           marginal
           Note
           ,
           viz.
           
             44.
             
             Eliz.
             
               in
               the
               house
               of
               Commons
            
             Sir
             George
             Moor
             said
             ;
             We
             know
             the
             Power
             of
             her
             Majesty
             cannot
             be
             restrained
             by
             any
             Act.
             Why
             therefore
             should
             we
             thus
             talk
             ?
             admit
             we
             should
             make
             the
             statute
             with
             a
             Non-obstante
             ,
             yet
             the
             Queen
             may
             grant
             a
             
             Patent
             with
             a
             Non-obstante
             to
             cross
             this
             Non-obstante
             .
          
        
         
         
           I
           have
           done
           ,
           Sir
           ,
           now
           with
           our
           Reverend
           Prelates
           and
           Doctors
           of
           the
           Church
           of
           England
           as
           to
           this
           Particular
           ,
           and
           hope
           ,
           I
           have
           sufficiently
           proved
           to
           you
           ,
           that
           their
           Judgment
           and
           Doctrine
           doth
           clearly
           warrant
           this
           
             Great
             Prerogative
          
           of
           dispencing
           with
           
             Penal
             Laws
          
           ,
           to
           be
           in
           the
           King.
           
        
         
           Let
           us
           see
           in
           the
           next
           place
           what
           were
           the
           Reasons
           that
           induced
           the
           Reverend
           Judges
           in
           Westminster
           Hall
           ,
           (
           who
           (
           the
           Law
           sayes
           )
           are
           the
           Expositors
           of
           Acts
           of
           Parliament
           ,
           and
           are
           likewise
           
             Custodes
             jurati
             ss
             .
             Praerogativae
             Regiae
             ,
             )
          
           so
           openly
           and
           solemnly
           ,
           after
           mature
           deliberation
           ,
           to
           declare
           their
           Resolutions
           in
           this
           Point
           for
           the
           King.
           
        
         
           The
           Reasons
           that
           perswaded
           them
           were
           These
           that
           follow
           ,
           viz.
           
        
         
           
             I.
             That
             the
             Kings
             of
             England
             are
             Soveraign
             Princes
             .
          
           
             II.
             That
             the
             Laws
             of
             England
             are
             the
             
               King's
               Laws
            
             .
          
           
             III.
             That
             therefore
             it
             is
             an
             Incident
             
             Inseparable
             Prerogative
             in
             the
             Kings
             of
             England
             ;
             as
             in
             all
             other
             Soveraign
             Princes
             to
             dispence
             with
             
               Penal
               Laws
            
             in
             particular
             cases
             ,
             and
             upon
             particular
             necessary
             Reasons
             .
          
           
             IV.
             That
             of
             these
             Reasons
             ,
             and
             these
             Necessities
             ,
             the
             King
             himself
             is
             the
             sole
             Judge
             .
             And
             then
             which
             is
             Consequent
             upon
             all
             .
          
           
             V.
             That
             this
             is
             not
             a
             Trust
             invested
             in
             ,
             or
             granted
             to
             the
             King
             by
             the
             People
             ,
             but
             is
             the
             antient
             Remain
             of
             the
             Soveraign
             Power
             ,
             and
             Prerogative
             of
             the
             Kings
             of
             England
             ,
             which
             never
             yet
             was
             taken
             from
             them
             ,
             nor
             can
             be
             .
          
        
         
           Now
           ,
           Sir
           ,
           if
           such
           hath
           been
           the
           Doctrine
           of
           our
           most
           Eminent
           Clergy
           of
           the
           Church
           of
           England
           ,
           (
           and
           in
           it
           they
           have
           delivered
           to
           us
           nothing
           but
           the
           words
           of
           Truth
           in
           Righteousness
           )
           that
           the
           King
           by
           his
           
             Imperial
             Soveraignty
          
           ,
           when
           he
           shall
           see
           the
           Necessity
           of
           the
           State
           to
           require
           it
           ,
           (
           of
           which
           he
           is
           the
           
             only
             Judge
             ,
          
           )
           may
           dispence
           with
           
             Penal
             Laws
          
           ;
           How
           can
           you
           ,
           
           or
           any
           man
           ,
           who
           is
           a
           sincere
           lover
           of
           the
           Church
           of
           England
           ,
           be
           dissatisfied
           with
           the
           Resolution
           of
           our
           Reverend
           Judges
           in
           this
           matter
           ,
           seeing
           the
           Reasons
           they
           went
           upon
           were
           only
           such
           as
           were
           exactly
           correspondent
           with
           the
           avowed
           Doctrines
           before
           recited
           ;
           and
           that
           by
           this
           Declaration
           of
           theirs
           ,
           the
           Law
           of
           the
           Kingdom
           of
           England
           concerning
           this
           soveraign
           Power
           in
           the
           Crown
           ,
           is
           no
           more
           ,
           than
           what
           was
           before
           publickly
           asserted
           to
           be
           the
           Divinity
           of
           the
           Kingdom
           .
        
         
           Besides
           ,
           
             Lex
             vigilat
             pro
             Rege
          
           ,
           saith
           the
           Law
           ,
           and
           the
           Judges
           are
           sworn
           to
           maintain
           all
           the
           Kings
           Prerogatives
           ;
           which
           are
           part
           of
           the
           Law
           of
           England
           ,
           and
           comprehended
           within
           the
           same
           ;
           therefore
           it
           
           is
           said
           ,
           that
           
             Imperij
             Majestas
             est
             Tutelae
             Salus
          
           ,
           the
           Dignity
           of
           the
           Prince
           is
           the
           Peoples
           
           Security
           .
           The
           Kings
           Prerogative
           and
           Priviledges
           ,
           are
           incident
           to
           his
           Crown
           ,
           and
           He
           need
           not
           prescribe
           in
           any
           Prerogative
           ,
           for
           it
           is
           as
           ancient
           as
           his
           
           Crown
           is
           ,
           and
           is
           not
           only
           the
           Law
           of
           the
           Exchequer
           ,
           but
           the
           Law
           of
           the
           Land
           ,
           
           as
           that
           which
           is
           his
           by
           the
           ancient
           Laws
           of
           the
           Land.
           Wherefore
           the
           Judges
           of
           the
           
           Courts
           of
           Westminster
           are
           to
           judge
           in
           matters
           of
           Prerogative
           by
           this
           Rule
           ,
           that
           whatsoever
           may
           be
           for
           the
           Benefit
           and
           Profit
           
           of
           the
           King
           ,
           shall
           be
           taken
           most
           largely
           for
           him
           ,
           &
           whatever
           may
           be
           against
           him
           ,
           and
           for
           his
           disprofit
           shall
           be
           taken
           strictly
           :
           and
           it
           is
           the
           Duty
           of
           every
           Judge
           of
           all
           Courts
           ,
           High
           and
           Low
           ,
           to
           take
           great
           care
           to
           preserve
           the
           Kings
           Right
           ,
           and
           for
           that
           purpose
           to
           take
           every
           thing
           at
           the
           
           best
           for
           him
           .
        
         
           And
           ,
           Sir
           ,
           
             unto
             the
             Judges
             the
             People
             are
             bound
             lastly
             and
             finally
             to
             submit
             themselves
             for
             matter
             of
             Law
             ,
          
           according
           to
           the
           
           opinion
           of
           the
           Learned
           Author
           of
           the
           
             Royallists
             Defence
          
           .
        
         
           But
           I
           remember
           likewise
           you
           seemed
           to
           startle
           at
           the
           thoughts
           of
           this
           Power
           ;
           and
           were
           afraid
           ,
           if
           at
           any
           time
           the
           King
           should
           think
           it
           necessary
           and
           convenient
           to
           exert
           it
           ,
           and
           to
           grant
           a
           
             general
             Liberty
          
           of
           Conscience
           ,
           that
           the
           Church
           of
           England
           would
           be
           extreamly
           shaken
           in
           her
           security
           .
           
           What
           strange
           Jealousies
           and
           Suspitions
           some
           weak
           men
           may
           have
           ,
           I
           suppose
           it
           will
           not
           be
           here
           worth
           while
           to
           consider
           ;
           but
           certainly
           our
           Great
           Supporters
           of
           the
           Ark
           of
           God
           can
           never
           allow
           themselves
           in
           so
           feminine
           a
           passion
           .
           They
           know
           they
           have
           an
           infinitely
           wise
           God
           ,
           and
           a
           most
           Gracious
           King
           to
           trust
           to
           :
           this
           hath
           been
           their
           Doctrine
           ,
           and
           ought
           we
           not
           to
           practice
           it
           ?
           They
           say
           ,
        
         
           
             1.
             
             They
             have
             the
             Care
             and
             Providence
             of
             God
             for
             their
             Security
             ,
             who
             is
             King
             
             of
             Kings
             ,
             Lord
             of
             Lords
             ,
             and
             the
             only
             Ruler
             of
             Princes
             ;
             and
             that
             
               the
               Hearts
               of
               Kings
               are
               in
               his
               Rule
               and
               Governance
               ,
               and
               He
               doth
               dispose
               and
               turn
               them
               as
               seemeth
               best
               to
               his
               godly
               Wisdom
               :
            
             according
             to
             what
             Solomon
             said
             ,
             and
             perhaps
             upon
             his
             own
             experience
             ,
          
           
             That
             the
             Kings
             Heart
             is
             in
             the
             hand
             of
             the
             Lord
             ,
             as
             the
             Rivers
             of
             Water
             ,
             he
             turneth
             it
             whithersoever
             he
             will.
             
          
           
             SO
             THAT
             THEY
             HAVE
             ALL
             THE
             SECURITY
             THAT
             ANY
             PEOPLE
             IN
             THE
             WORLD
             EVER
             HAD
             ,
             HAVE
             ,
             OR
             OUGHT
             TO
             HAVE
             .
             Besides
             ,
          
        
         
         
           2.
           
           They
           have
           a
           most
           Gracious
           King
           to
           trust
           to
           .
           For
           ,
        
         
           1.
           
           They
           have
           his
           Royal
           Word
           ,
           
             that
             he
          
           
           
             will
             protect
             and
             maintain
             the
             Church
             of
          
           England
           ,
           
             in
             the
             free
             exercise
             of
             her
             Religion
             ,
             as
             by
             Law
             established
          
           ;
           
             and
             can
             she
             ever
             be
             trusted
             in
             safer
             Hands
             than
             his
             ?
             
             He
             hath
             done
             more
             than
             ever
             any
             of
             us
             durst
             ever
             venture
             to
             look
             for
             ,
             to
             give
             us
             Confidence
             in
             him
             ;
             enough
             to
             puzzle
             our
             Understandings
             ,
             as
             well
             as
             our
             Gratitude
             :
             And
             how
             can
             he
             give
             us
             
               better
               security
            
             than
             he
             has
             done
             ?
             Shall
             we
             suspect
             him
             without
             cause
             ?
             or
             remain
             dissatisfied
             when
             he
             hath
             given
             us
             the
             best
             security
             that
             our
             Cause
             admits
             of
             ?
             To
             suspect
             our
             Prince
             ,
             where
             we
             cannot
             help
             our selves
             ,
             is
             of
             all
             fears
             the
             most
             unreasonable
             .
          
        
         
           2.
           
           Again
           ,
           
             We
             have
             the
             
               Conscience
               of
               the
               Prince
            
             for
             our
             security
             ,
             who
             hath
             
             all
             the
             moral
             Obligations
             ,
             and
             the
             fear
             of
             God
             ,
             to
             keep
             him
             from
             oppressing
             us
             ,
             so
             long
             as
             we
             keep
             our selves
             within
             the
             Conscience
             of
             the
             Duty
             which
             we
             owe
             unto
             him
             .
          
        
         
         
           
             The
             Common
             Principles
             of
             Humanity
             ,
             Justice
             and
             Equity
             ,
             are
             engraven
             by
             the
             Finger
             of
             God
             upon
             the
             Minds
             of
             Kings
             ,
             as
             well
             as
             upon
             other
             Mens
             ;
             and
             they
             cannot
             do
             wrong
             upon
             any
             particular
             Person
             ,
             much
             less
             to
             great
             numbers
             of
             their
             Subjects
             ,
             without
             undergoing
             the
             same
             uneasie
             remorse
             that
             other
             men
             do
             ,
             when
             they
             injure
             one
             another
             .
             This
             hath
             been
             found
             by
             sad
             experience
             in
             
               Pagan
               Princes
               .
            
             —
             And
             if
             Conscience
             be
             a
             restraining
             Principle
             in
             
               Heathen
               Princes
            
             ,
             if
             they
             cannot
             without
             such
             Soul
             torments
             pervert
             Justice
             ,
             and
             violate
             their
             Oathes
             ,
             and
             the
             Laws
             ,
             it
             must
             needs
             much
             more
             be
             a
             powerful
             Principle
             of
             Restraint
             to
             
               Christian
               Kings
            
             ,
             who
             are
             taught
             to
             know
             that
             they
             are
             Gods
             Ministers
             ,
             and
             that
             he
             will
             call
             them
             to
             a
             severe
             Account
             for
             oppressing
             his
             People
             over
             whom
             he
             set
             them
             :
             And
             shall
             not
             the
             fear
             of
             God's
             Anger
             and
             Judgments
             keep
             the
             Soveraign
             from
             injuring
             of
             them
             ?
          
        
         
           3.
           
           But
           further
           still
           ,
           
             As
             the
             
               Church
               of
            
             
             England
             hath
             the
             Prince's
             Conscience
             ,
             for
             her
             Security
             ,
             so
             she
             hath
             his
             honour
             too
             .
             For
             Princes
             (
             like
             other
             men
             )
             are
             tender
             of
             their
             Honour
             ,
             and
             good
             Name
             ,
             and
             are
             powerfully
             restrained
             by
             shame
             from
             doing
             Evil
             to
             their
             Subjects
             .
             —
             Though
             they
             may
             be
             desirous
             for
             their
             honour
             to
             have
             the
             Times
             computed
             from
             their
             Conquests
             ,
             yet
             the
             same
             Principle
             of
             Honour
             will
             ordinarily
             make
             them
             ashamed
             to
             have
             them
             computed
             from
             their
             Massacres
             ,
             and
             Persecutions
             ,
             which
             will
             but
             get
             them
             the
             Surname
             of
             
               the
               Bloudy
            
             ,
             or
             
               the
               Tyrant
            
             ,
             unto
             the
             end
             of
             the
             World.
             Honour
             ,
             as
             Moralists
             observe
             ,
             is
             a
             Secondary
             ,
             or
             Civil
             Conscience
             .
          
        
         
           And
           as
           for
           our
           Prince
           ,
           
             who
             was
             ever
             so
             exceeding
             tender
             of
             his
             Honour
             as
             He
             ?
          
           so
           just
           to
           all
           ,
           and
           hath
           He
           not
           
           promised
           to
           uphold
           and
           maintain
           this
           Church
           ,
           and
           her
           Legitimate
           Children
           ?
           
             —
             He
             knows
             ,
             that
             
               ours
               is
               a
               Religion
            
             that
             hath
             alwayes
             asserted
             the
             
               Rights
               of
               the
               Crown
            
             ,
             with
             life
             and
             fortune
             :
             and
             
             how
             chearfully
             the
             Members
             of
             it
             have
             spent
             their
             Blood
             and
             Treasure
             in
             
               his
               Own
               ,
               his
               late
               Majestie
               's
               ,
            
             and
             
               his
               Father's
               Service
            
             ,
             and
             how
             they
             stand
             affected
             to
             
               his
               Prerogative
            
             .
          
        
         
           
             And
             He
             is
             very
             well
             content
             ,
             we
             should
             be
             as
             faithful
             to
             God
             ,
             as
             we
             are
             to
             him
             ;
             as
             true
             to
             
               our
               Religion
            
             ,
             as
             to
             
               our
               King
               :
               God
            
             preserve
             and
             prosper
             him
             for
             it
             .
          
        
         
           Now
           since
           our
           own
           Religion
           (
           as
           to
           the
           free
           exercise
           of
           it
           )
           is
           thus
           Secured
           to
           us
           ,
           and
           seeing
           that
           by
           his
           Majesties
           
             Gracious
             Declaration
          
           he
           is
           willing
           that
           no
           man
           should
           be
           forced
           to
           his
           Religion
           ,
           or
           drove
           against
           his
           Conscience
           from
           the
           Religion
           he
           professeth
           ;
           and
           seeing
           it
           is
           manifestly
           necessary
           ,
           that
           ,
           as
           Sails
           ,
           so
           Laws
           ,
           are
           to
           be
           turned
           ,
           and
           as
           Occasion
           ,
           time
           and
           circumstance
           ,
           and
           reason
           of
           state
           shall
           direct
           ,
           either
           to
           be
           altered
           ,
           or
           revoked
           :
           And
           if
           Acts
           of
           Parliament
           formerly
           made
           to
           try
           what
           good
           effects
           they
           could
           work
           in
           the
           state
           ,
           do
           apparently
           prove
           mischievous
           and
           ineffectual
           by
           their
           too
           
           great
           rigour
           and
           violence
           ,
           and
           by
           the
           Great
           Numbers
           of
           those
           that
           are
           of
           dissenting
           Judgments
           ?
        
         
           What
           dishonour
           can
           it
           be
           for
           the
           King
           to
           lay
           them
           asleep
           for
           a
           while
           to
           stay
           those
           passionate
           heats
           ,
           and
           fierce
           oppositions
           of
           such
           as
           seem
           adversaries
           to
           his
           Grace
           ,
           or
           for
           any
           Parliament
           to
           repeal
           them
           ,
           for
           the
           same
           Reasons
           ,
           
             non
             coercet
             sed
             provocat
             violentia
          
           ,
           For
           too
           heavy
           a
           hand
           upon
           those
           whom
           the
           Law
           casts
           down
           ,
           shews
           the
           will
           rather
           to
           oppress
           the
           Offender
           ,
           then
           to
           cure
           the
           offence
           ?
           'T
           is
           the
           greatest
           honour
           to
           Kings
           ,
           that
           their
           mercy
           ,
           like
           that
           of
           the
           Almighty
           ,
           is
           more
           eminent
           than
           their
           Justice
           ,
           and
           that
           their
           Benches
           ,
           and
           Courts
           ,
           can
           witness
           more
           compassion
           than
           severity
           ;
           for
           He
           that
           sets
           open
           the
           Prison
           doors
           in
           so
           wise
           and
           gracious
           a
           manner
           ,
           meaneth
           not
           to
           conquer
           the
           Hearts
           and
           Consciences
           of
           his
           People
           by
           Torment
           ,
           but
           to
           winn
           them
           by
           mercy
           and
           sweetness
           .
           Clemency
           is
           a
           virtue
           sometimes
           of
           as
           great
           policy
           as
           Piety
           ,
           because
           it
           begets
           Love
           ,
           and
           
           Love
           breeds
           Loyalty
           ,
           commands
           the
           very
           Soul
           ,
           and
           lays
           the
           Body
           at
           the
           Feet
           of
           the
           obliger
           :
           Mercy
           kindles
           Fire
           and
           Zeal
           in
           the
           Hearts
           of
           Subjects
           .
        
         
           Liberty
           of
           Conscience
           is
           a
           Natural
           Right
           ,
           and
           therefore
           our
           Saviour
           compelled
           none
           to
           receive
           his
           Doctrine
           ,
           but
           
             est
             Dominus
             non
             Cogens
          
           ,
           he
           is
           not
           a
           constraining
           Lord
           ,
           but
           committing
           his
           Liberty
           
           to
           the
           will
           ,
           said
           publickly
           to
           all
           ,
           
             if
             any
             man
             will
             come
             after
             me
          
           ;
           and
           to
           his
           Apostles
           ,
           
             Will
             ye
             also
             go
             away
          
           ?
           and
           his
           Disciples
           were
           not
           Commanders
           ,
           but
           Instructors
           and
           Teachers
           ,
           which
           was
           their
           Commission
           .
           Compulsion
           and
           terrene
           Penalties
           are
           out
           of
           his
           Jurisdiction
           ,
           
             whose
             Kingdom
             was
             not
             of
             this
             World
             ,
          
           which
           he
           acknowledgeth
           not
           only
           in
           speech
           ,
           but
           in
           practise
           :
           For
           when
           the
           Disciples
           would
           have
           
             commanded
             Fire
             from
             Heaven
          
           to
           have
           consumed
           the
           
           Samaritans
           ,
           he
           rebuked
           them
           ;
           and
           when
           he
           was
           apprehended
           by
           the
           Chief
           Priests
           and
           Elders
           ,
           he
           could
           have
           commanded
           
           Legions
           of
           Angels
           ,
           but
           would
           not
           .
           It
           is
           
           Irreligion
           to
           take
           away
           the
           Liberty
           of
           Religion
           ;
           so
           
             Tertullian
             ,
             ad
             Irreligiosiatis
             Elogium
          
           
           concurrit
           ,
           this
           concurreth
           to
           the
           commendation
           of
           Irreligion
           ,
           to
           take
           away
           the
           liberty
           of
           Religion
           ,
           &c.
           and
           therefore
           ,
           saith
           the
           Apostle
           ,
           
             we
             have
             not
             Dominion
             over
             Your
             Faith.
             
          
           
        
         
           Sir
           ,
           I
           cannot
           tell
           how
           well
           to
           shut
           up
           this
           Discourse
           without
           the
           words
           of
           that
           Learned
           and
           most
           Reverend
           Dr.
           
             Gerard
             Langbaine
          
           ,
           who
           was
           Provost
           of
           Queen's
           Colledge
           in
           Oxford
           ,
           so
           well
           known
           to
           all
           ,
           not
           only
           at
           home
           ,
           but
           abroad
           ,
           that
           the
           Famous
           Rhetorician
           ,
           Longinus
           ,
           could
           scarce
           speak
           any
           thing
           beyond
           the
           merit
           of
           so
           excellent
           a
           Person
           :
           This
           Doctor
           in
           his
           Judicious
           Refutation
           of
           the
           Damnable
           League
           &
           Covenant
           ,
           (
           which
           was
           then
           so
           furiously
           contended
           for
           )
           to
           be
           imposed
           upon
           the
           Consciences
           of
           those
           who
           expressed
           their
           Zeal
           to
           his
           
             Majesties
             righteous
             cause
          
           ,
           in
           which
           ,
           without
           all
           peradventure
           ,
           he
           spoke
           the
           inward
           Sentiments
           of
           all
           the
           
             Loyal
             Suffering
             Clergy
          
           of
           England
           ,
           doth
           there
           most
           admirably
           
           instruct
           us
           ,
           what
           a
           sandy
           Foundation
           that
           is
           ,
           which
           supports
           Persecution
           for
           Conscience
           sake
           .
           His
           words
           follow
           .
        
         
           
             Persecution
             in
             matters
             of
             meer
             Religion
             is
             a
             Course
             against
             the
             Nature
             of
             
             Religion
             it self
             ,
             for
             Faith
             ,
             the
             Soul
             of
             Religion
             ,
             is
             an
             inward
             Act
             of
             the
             Soul
             ,
             which
             all
             the
             Tyranny
             in
             the
             World
             ,
             that
             the
             malice
             of
             the
             Devil
             can
             invent
             ,
             or
             the
             wit
             of
             man
             can
             exercise
             ,
             can
             neither
             plant
             where
             it
             is
             not
             ,
             nor
             extirpate
             where
             it
             is
             .
             It
             is
             the
             gift
             of
             God
             ,
             freely
             begotten
             in
             the
             Hearts
             of
             Men
             ,
             not
             by
             threats
             and
             Terrors
             ,
             not
             by
             Tortures
             and
             Massacres
             ,
             but
             by
             the
             quiet
             still
             voice
             of
             the
             word
             preached
             ,
             
               Suadenda
               ,
               non
               cogenda
            
             .
             And
             therefore
             
               St.
               Paul
            
             ,
             though
             a
             Lawful
             Governour
             in
             the
             Church
             ,
             flatly
             disclaims
             any
             domineering
             Power
             over
             the
             Conscience
             .
             As
             for
             the
             outward
             profession
             of
             Religion
             ,
             neither
             is
             that
             Subject
             to
             force
             and
             violence
             :
             A
             man
             may
             confefs
             Christ
             ,
             and
             his
             Faith
             in
             him
             ,
             as
             
             freely
             in
             bonds
             ,
             as
             at
             Liberty
             ;
             as
             gloriously
             upon
             the
             Cross
             ,
             as
             upon
             the
             Throne
             .
             Fear
             indeed
             may
             incline
             a
             weak
             Conscience
             to
             dissemble
             his
             Opinion
             ,
             but
             cannot
             constrain
             him
             to
             alter
             it
             :
             Fire
             and
             Faggot
             are
             strong
             Arguments
             of
             a
             weak
             Cause
             ,
             undeniable
             Evidences
             of
             Cruelty
             in
             Those
             that
             use
             them
             ,
             but
             slender
             ,
             motives
             of
             Credibility
             to
             beget
             faith
             in
             those
             that
             suffer
             by
             them
             .
             Lastly
             ,
             for
             the
             external
             ,
             free
             ,
             and
             publick
             practise
             of
             Religious
             Duties
             ,
             that
             I
             grant
             may
             be
             restrained
             by
             the
             outward
             violence
             of
             man
             ,
             but
             when
             it
             is
             so
             ,
             it
             is
             not
             required
             by
             God
             ,
             who
             never
             expects
             to
             reap
             what
             he
             did
             not
             fow
             .
          
        
         
           In
           another
           place
           ,
           he
           says
           ,
           
             the
             most
             Antient
             Apologists
             for
             the
             Christian
             Faith
             ,
             use
             this
             as
             an
             Argument
             to
             prove
             the
             Religion
             of
             their
             Persecutors
             to
             be
             false
             ,
             and
             their
             own
             true
             ,
             That
             stood
             in
             need
             of
             humane
             force
             to
             maintain
             it
             ,
             but
             theirs
             stood
             by
             the
             sole
             Power
             of
             God.
             
          
        
         
           
             It
             is
             against
             (
             sayes
             he
             a
             little
             further
             )
             
             the
             Innate
             Principle
             of
             the
             Law
             of
             Nature
             ,
             
               Quod
               tibi
               fieri
               non
               vis
               ,
               alteri
               ne
               feceris
               .
            
             Those
             ,
             who
             plead
             most
             for
             extirpation
             of
             Hereticks
             ,
             when
             it
             comes
             to
             be
             their
             own
             Turn
             to
             be
             under
             the
             Cross
             ,
             stand
             for
             Liberty
             of
             Conscience
             ,
             and
             declaim
             against
             Persecution
             for
             Religion
             ,
             as
             a
             thing
             utterly
             unlawful
             ;
             and
             surely
             if
             we
             will
             not
             suffer
             it
             from
             others
             ,
             we
             may
             not
             use
             it
             our selves
             .
          
        
         
           Therefore
           ,
           as
           
             Dr
             Puller
          
           rightly
           sayes
           ,
           
             if
             ever
             the
             Practice
             of
             Moderation
             ,
             as
             
             well
             as
             any
             Discourse
             thereof
             ,
             were
             seasonable
             ;
             it
             may
             be
             supposed
             now
             ,
             when
             ,
             for
             ought
             we
             know
             ,
             the
             lasting
             happiness
             of
             the
             Kingdom
             and
             Church
             ,
             may
             depend
             immediately
             upon
             this
             rare
             and
             desirable
             Temper
             ,
             acknowledged
             of
             all
             most
             excellent
             .
          
        
         
           I
           will
           conclude
           all
           with
           that
           Admirable
           Sentence
           of
           
             Dr
             Barrow
          
           in
           his
           forementioned
           Treatise
           ,
           that
           
             Relief
             of
             the
             Oppressed
             ,
             or
             Clemency
             to
             the
             distressed
             ,
             are
             noble
             Flowers
             in
             every
             Soveraign
             Crown
             .
          
        
         
         
           Thus
           ,
           Sir
           ,
           You
           see
           how
           ready
           I
           am
           ,
           as
           far
           as
           my
           Abilities
           will
           extend
           ,
           to
           contribute
           to
           the
           Satisfaction
           of
           Your
           Judgment
           .
           I
           shall
           be
           as
           zealous
           still
           to
           go
           on
           in
           so
           pious
           a
           Duty
           ,
           if
           there
           be
           any
           remaining
           doubts
           and
           Scruples
           you
           will
           make
           known
           to
           ,
        
         
           
             SIR
             ,
          
           
             
               Your
               humble
               Servant
            
             ,
             &c.
             
          
        
         
           FINIS
           .
        
         
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A46343-e460
           
             
               Dr
               Hick's
               Jovian
            
             .
             chap.
             10.
             
          
           
             Sir
             
               Robert
               Pointz
            
             Knight
             of
             the
             Bath
             ,
             his
             vindication
             of
             Monarchy
             .
             chap.
             8.
             
          
           
             Dr.
             Hicks
             ut
             .
             Sup.
             
          
           
             4.
             
             Inst
             .
             p
             14.
             
             Suprema
             Jurisdictio
             &
             potestas
             Regia
             ,
             et
             si
             Princeps
             velit
             ,
             se
             seperari
             non
             possunt
             ,
             sunt
             enim
             ipsa
             forma
             ,
             et
             Substantialis
             Essentia
             Majestatis
             ,
             ergo
             manente
             Rege
             ab
             eo
             abdicari
             non
             possunt
             .
             Cavedo
             ,
             Pract.
             observ
             .
             p.
             2.
             decis
             .
             40.
             n.
             8.
             
          
           
             *
             Stat.
             of
             Praemunire
             ,
             16.
             
             R.
             2.
             cap.
             5.
             
          
           
             Dr.
             
               Richard
               Bancroft
            
             made
             Lord
             Arch-Bishop
             of
             Cant.
             1604.
             
          
           
             12.
             
             Co.
             fo
             .
             64.
             5.
             Jac.
             
          
           
             Ridley's
             View
             of
             the
             Civil
             and
             Ecclesiastical
             Law
             ,
             dedicated
             to
             King
             James
             1.
             3d
             Edition
             ,
             part
             4.
             chap.
             1.
             
             Sect.
             1.
             
          
           
             Id.
             part
             2.
             ch
             .
             1.
             sect
             .
             7.
             
          
           
             1
             Pet.
             2.
             13.
             
          
           
             
               Cyprianus
               Anglicus
            
             ,
             by
             Dr
             Heylin
             ,
             D.
             D.
             and
             Chaplain
             to
             Charles
             the
             1st
             and
             Charles
             the
             2d
             ,
             2
             part
             .
          
           
             Epist
             .
             Dedicat.
             
          
           
             Arch-Bishop
             Laud
             against
             Fisher
             ,
             Printed
             1673.
             
          
           
             Vid
             Epis
             .
             dedicat
             .
             to
             King
             Charles
             2.
             by
             
               James
               Tyrr●●l
            
             
               Esq
            
          
           
             Plutarch
             ,
             in
             Comparat
             .
             Flaminij
             et
             Philopoemen
             .
          
           
             a
             
               Marcian
               in
               l.
               si
               de
               re
               sua
               ,
               de
               recept
               ,
               arbit
               ,
               vid.
               et
               Vlpian
               in
               l.
               ille
               a
               quo
               ,
            
             Sect.
             Tempestivum
             ,
             D.
             
               ad
               Senat
               .
               Trebel
               .
               et
               in
            
             l.
             
               Quod
               autem
            
             ,
             Sec.
             
               Vxori
               quis
            
             D.
             
               de
               donat
               inter
               ,
               viz.
            
             
          
           
             b
             
               Hermog
               ,
               in
               l.
               si
               quis
            
             Sect.
             1.
             
             D.
             deleg
             3.
             
          
           
             c
             Thom.
             112.
             quest
             .
             93.
             artic
             .
             5.
             
          
           
             a
             Cynus
             in
             l.
             rescript
             ,
             Cod.
             de
             precib
             .
             Imper
             .
             offerend
             .
          
           
             Thom.
             in
             1.
             2.
             quest
             .
             96.
             artic
             .
             5.
             ad
             3.
             
          
           
             
               Aeneas
               Silvius
               de
               Ortu
               &
               Authoribus
               Imperii
               ,
            
             cap.
             20.
             21.
             
          
           
             a
             Justin
             Junior
             ,
             
               Imp.
               in
               praefatione
               conseit
            
             3.
             
          
           
             b
             Symmach
             ,
             l.
             10.
             
             Ep.
             ult
             .
          
           
             c
             In
             his
             Preface
             and
             Life
             by
             Dr
             
               Isaac
               Walton
            
             .
          
           
             Bishop
             Sanderson's
             Cases
             of
             Conscience
             ,
             translated
             by
             
               Robert
               Codrington
            
             ,
             Master
             of
             Arts
             ,
             Printed
             1660.
             ninth
             Lecture
             .
          
           
             Sermon
             preached
             upon
             the
             aniversary
             solemnity
             of
             the
             happy
             Inauguration
             of
             our
             dread
             Soveraign
             Lord
             King
             James
             2.
             by
             
               Thomas
               Cartwright
            
             ,
             D.
             D.
             Dean
             of
             Rippon
             ,
             and
             Chaplain
             in
             Ordinary
             to
             his
             Majesty
             .
          
           
             Colt
             and
             Glover
             against
             the
             Bishop
             of
             Litchfield
             .
          
           
             In
             the
             Account
             of
             Dr
             
             Heylin's
             Life
             .
          
           
             Dr
             Sherelock's
             Case
             of
             Resistance
             ,
             chap.
             6.
             
          
           
             Dr
             
             Nalson's
             Common
             Interest
             of
             King
             &
             People
             ,
             chap.
             6.
             
          
           
             Case
             of
             Resistance
             .
          
           
             De
             jure
             Uniformitatis
             Ecclesiasticae
             :
             by
             
               Hugh
               Davis
            
             ,
             L.
             L.
             B.
             lib.
             3.
             chap.
             15.
             
          
           
             Chap.
             1.
             
          
           
             
             Davia's
             ut
             sup
             .
             lib.
             2.
             chap.
             6.
             
          
           
             Dr
             Puller's
             Moderation
             of
             the
             Church
             of
             England
             ,
             chap.
             1.
             
          
           
             
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
               〈◊〉
            
             .
             Arist
             .
             Eth.
             l.
             5.
             chap.
             14.
             
          
           
             
               Est
               Scriptum
               Legis
               angustum
               inter
               pretatio
               diffusa
               .
               Senec.
               l.
            
             4.
             controv
             .
             27.
             
          
           
             The
             Harmony
             of
             Divinity
             and
             Law
             ,
             in
             a
             discourse
             about
             not
             resisting
             of
             Soveraign
             Princes
             .
          
           
             Townsend's
             Collect.
             pag.
             234.
             
          
           
             Co.
             2
             Inst
             .
             f.
             496.
             
          
           
             1.
             
             Inst
             .
             64.
             b.
             
          
           
             Lane.
             26.
             
          
           
             N.
             Bendl.
             117.
             
          
           
             Sheph.
             tit
             .
             Prerog
             .
          
           
             2
             Ro.
             rep
             .
             508.
             
          
           
             Royallists
             defence
             chap.
             5.
             pag.
             49.
             
          
           
             Jovian
             chap.
             12.
             
          
           
             His
             Majesties
             most
             Gratious
             Declaration
             ,
             &c.
             
          
           
             Bishop
             of
             Chesters
             Sermon
             ut
             sup
             .
          
           
             Jovian
             ut
             sup
             .
          
           
             Bishop
             .
             of
             Chesters
             Serm.
             ut
             sup
             .
          
           
             Grotius
             .
          
           
             Luke
             9.
             54.
             
          
           
             Math.
             26.
             53.
             
          
           
             Chap.
             de
             Act.
             Imp.
             f.
             139.
             
          
           
             2
             Cor.
             1.
             24.
             
          
           
             Langbain's
             Review
             of
             the
             Covenant
             ,
             Printed
             1661.
             
          
           
             Puller's
             Moderation
             .
             To
             the
             Reader
             .