Part 10
Another argument against the legislative power in the clergy of England, is, p. viii. that Tacitus telleth us; that in great affairs, the Germans consulted the whole body of the people. "_De minoribus rebus principes consultant, de majoribus omnes: Ita tamen, ut ea quoque, quorum penes plebem arbitrium est, apud principes pertractentur."--Tacitus de Moribus et Populis Germaniae_. Upon which Tindal observeth thus: "_De majoribus omnes_, was a fundamental amongst our ancestors long before they arrived in Great Britain, and matters of religion were ever reckoned among their _majora_." (See Pref. p. viii. and ix.) Now it is plain, that our ancestors, the Saxons, came from Germany: It is likewise plain, that religion was always reckoned by the heathens among their _majora_: And it is plain, the whole body of the people could not be the clergy, and therefore, the clergy of England have no legislative power.
_Thirdly_, p. ix. They have no legislative power, because Mr. Washington, in his "Observations on the Ecclesiastical Jurisdiction of the Kings of England," sheweth, from "undeniable authorities, that in the time of William the Conqueror, and several of his successors, there were no laws enacted concerning religion, but by the great council of the kingdom." I hope, likewise, Mr. Washington observeth that this great council of the kingdom, as appeareth by undeniable authorities, was sometimes entirely composed of bishops and clergy, and called the parliament, and often consulted upon affairs of state, as well as church, as it is agreed by twenty writers of three ages; and if Mr. Washington says otherwise, he is an author just fit to be quoted by beaux.
_Fourthly_,--But it is endless to pursue this matter any further; in that, it is plain, the clergy have no divine right to make laws; because Henry VIII, Edward VI, and Queen Elizabeth, with their parliaments will not allow it them. Now, without examining what divine right the clergy have, or how far it extendeth; is it any sort of proof that I have no right, because a stronger power will not let me exercise it? Or doth all, that this author says through his preface, or book itself, offer any other sort of argument but this, or what he deduces the same way?
But his arguments and definitions are yet more supportable than the grossness of historical remarks, which are scattered so plentifully in his book, that it would be tedious to enumerate, or to shew the fraud and ignorance of them. I beg the reader's leave to take notice of one here just in my way; and, the rather, because I design for the future to let hundreds of them pass without further notice. "When," says he, p. x. "by the abolishing of the Pope's power, things were brought back to their ancient channel, the parliament's right in making ecclesiastical laws revived of course." What can possibly be meant by this "ancient channel?" Why, the channel that things ran in before the Pope had any power in England: that is to say, before Austin the monk converted England, before which time, it seems, the parliament had a right to make ecclesiastical laws. And what parliament could this be? Why, the Lords Spiritual and Temporal, and the Commons met at Westminster.
I cannot here forbear reproving the folly and pedantry of some lawyers, whose opinions this poor creature blindly followeth, and rendereth yet more absurd by his comments. The knowledge of our constitution can be only attained by consulting the earliest English histories, of which those gentlemen seem utterly ignorant, further than a quotation or an index. They would fain derive our government as now constituted, from antiquity: And, because they have seen Tacitus quoted for his _majoribus omnes_; and have read of the Goths' military institution in their progresses and conquests, they presently dream of a parliament. Had their reading reached so far, they might have deduced it much more fairly from Aristotle and Polybius, who both distinctly name the composition of _rex, seniores, et populus_; and the latter, as I remember particularly, with the highest approbation. The princes, in the Saxon Heptarchy, did indeed call their nobles sometimes together upon weighty affairs, as most other princes of the world have done in all ages. But they made war and peace, and raised money by their own authority: They gave or mended laws by their charters, and they raised armies by their tenures. Besides, some of those kingdoms fell in by conquests, before England was reduced under one head, and therefore could pretend no rights, but by the concessions of the conqueror.
Further, which is more material, upon the admission of Christianity, great quantities of land were acquired by the clergy, so that the great council of the nation was often entirely of churchmen, and ever a considerable part. But, our present constitution is an artificial thing, not fairly to be traced, in my opinion, beyond Henry I. Since which time it hath in every age admitted several alterations; and differeth now as much, even from what it was then, as almost any two species of government described by Aristotle. And, it would be much more reasonable to affirm, that the government of Rome continued the same under Justinian, as it was in the time of Scipio, because the senate and consuls still remained, although the power of both had been several hundred years transferred to the emperors.
REMARKS ON THE PREFACE.[12]
[Footnote 12: References to Tindal's book, and remarks upon it, which the author left thus indigested, being hints for himself to use in answering the said book.]
Page iv, v. "If men of opposite sentiments can subscribe the same articles, they are as much at liberty as if there were none." May not a man subscribe the whole articles, because he differs from another in the explication of one? How many oaths are prescribed, that men may differ in the explication of some part of them? Instance, &c.
Page vi. "Idea of Government." A canting pedantic way, learned from Locke; and how prettily he sheweth it. Instance--
Page vii, "25 Hen. VIII. c. 19 is a bar to any such divine right [of a legislative power in the clergy.]" Absurd to argue against the clergy's divine right, because of the statute of Henry VIII. How doth that destroy divine right? The sottish way of arguing; from what the parliament can do; from their power, &c.
Page viii. "If the parliament did not think they had a plenitude of power in this matter, they would not have damned all the canons of 1640." What doth he mean? A grave divine could not answer all his playhouse and Alsatia[13] cant, &c. He hath read Hudibras, and many plays.
[Footnote 13: Or Whitefriars, then a place of asylum, and frequented by sharpers, of whose gibberish there are several specimens in Shadwell's comedy, "The Squire of Alsatia." [T. S.]]
_Ibid_. "If the parliament can annul ecclesiastical laws, they must be able to make them." Distinguish, and shew the silliness, &c.
_Ibid_. All that he saith against the discipline, he might say the same against the doctrine, nay, against the belief of a God, _viz_. That the legislature might forbid it. The Church formeth and contriveth canons; and the civil power, which is compulsive, confirms them.
Page ix. "There were no laws enacted but by the great council of the kingdom." And that was very often, chiefly, only bishops.
_Ibid_. "Laws settled by parliament to punish the clergy." What laws were those?
Page x. "The people are bound to no laws but of their own choosing." It is fraudulent; for they may consent to what others choose, and so people often do.
Page xiv. paragraph 6. "The clergy are not supposed to have any divine legislature, because that must be superior to all worldly power; and then the clergy might as well forbid the parliament to meet but when and where they please, &c." No such consequence at all. They have a power exclusive from all others. Ordained to act as clergy, but not govern in civil affairs; nor act without leave of the civil power.
Page xxv. "The parliament suspected the love of power natural to churchmen." Truly, so is the love of pudding, and most other things desirable in this life; and in that they are like the laity, as in all other things that are not good. And, therefore, they are held not in esteem for what they are like in, but for their virtues. The true way to abuse them with effect, is to tell us some faults of theirs, that other men have not, or not so much of as they, &c. Might not any man speak full as bad of senates, diets, and parliaments, as he can do about councils; and as bad of princes, as he does of bishops?
Page xxxi. "They might as well have made Cardinals Campegi and de Chinuchii, Bishops of Salisbury and Worcester, as have enacted that their several sees and bishoprics were utterly void." No. The legislature might determine who should not be a bishop there, but not make a bishop.
_Ibid_. "Were not a great number deprived by parliament upon the Restoration?" Does he mean presbyters? What signifies that?
_Ibid_. "Have they not trusted this power with our princes?" Why, aye. But that argueth not right, but power. Have they not cut off a king's head, &c. The Church must do the best they can, if not what they would.
Page xxxvi. "If tithes and first-fruits are paid to spiritual persons as such, the king or queen is the most spiritual person, &c." As if the first-fruits, &c. were paid to the king, as tithes to a spiritual person.
Page xliii. "King Charles II. thought fit that the bishops in Scotland should hold their bishoprics during will and pleasure; I do not find that the High Church complained of this as an encroachment, &c." No; but as a pernicious counsel of Lord Loch.[14]
[Footnote 14: Scott thinks this refers to Lord Lauderdale. [T.S.]]
Page xliv. "The common law judges have a power to determine, whether a man has a legal right to the sacrament." They pretend it, but what we complain of as most abominable hardship, &c.
Page xlv. "Giving men thus blindly to the devil, is an extraordinary piece of complaisance to a lay chancellor." He is something in the right; and therefore it is a pity there are any; and I hope the Church will provide against it. But if the sentence be just, it is not the person, but the contempt. And, if the author attacketh a man on the highway, and taketh but twopence, he shall be sent to the gallows, more terrible to him than the devil, for his contempt of the law, &c. Therefore he need not complain of being sent to hell.
Page xliv. Mr. Leslie may carry things too far, as it is natural, because the other extreme is so great. But what he says of the king's losses, since the Church lands were given away, is too great a truth, &c.
Page lxxvi. "To which I have nothing to plead, except the zeal I have for the Church of England." You will see some pages further, what he meaneth by the Church; but it is not fair not to begin with telling us what is contained in the idea of a Church, &c.
Page lxxxiii. "They will not be angry with me for thinking better of the Church than they do, &c." No, but they will differ from you; because the worse the Queen is pleased, you think her better. I believe the Church will not concern themselves much about your opinion of them, &c.
Page lxxxiv. "But the Popish, Eastern, Presbyterian and Jacobite clergy, &c." This is like a general pardon, with such exceptions as make it useless, if we compute it, &c.
Page lxxxvii. "Misapplying of the word church, &c." This is cavilling. No doubt his project is for exempting the people: But that is not what in common speech we usually mean by the Church. Besides, who doth not know that distinction?
_Ibid_. "Constantly apply the same ideas to them." This is, in old English, meaning the same thing.
Page lxxxix. "Demonstrates I could have no design but the promoting of truth, &c." Yes, several designs, as money, spleen, atheism, &c. What? will any man think truth was his design, and not money and malice? Doth he expect the House will go into a committee for a bill to bring things to his scheme, to confound everything, &c.
Some deny Tindal to be the author, and produce stories of his dulness and stupidity. But what is there in all this book, that the dullest man in England might not write, if he were angry and bold enough, and had no regard to truth?
REMARKS UPON THE BOOK, &c.
Page 4. "Whether Lewis XIV. has such a power over Philip V?" He speaketh here of the unlimited, uncontrollable authority of fathers. A very foolish question; and his discourse hitherto, of government, weak and trivial, and liable to objections.
_Ibid_. "Whom he is to consider not as his own, but the Almighty's workmanship." A very likely consideration for the Ideas of the state of nature. A very wrong deduction of paternal government; but that is nothing to the dispute, &c.
Page 12. "And as such might justly be punished by every one in the state of nature." False; he doth not seem to understand the state of nature, although he hath borrowed it from Hobbes, &c.
Page 14. "Merely speculative points, and other indifferent things, &c." And why are speculative opinions so insignificant? Do not men proceed in their practice according to their speculations? So, if the author were a chancellor and one of his speculations were, that the poorer the clergy the better; would not that be of great use, if a cause came before him of tithes or Church lands?
_Ibid_. "Which can only be known by examining whether men had any power in the state of nature over their own, or others' actions in these matters." No, that is a wrong method, unless where religion hath not been revealed; in natural religion.
_Ibid_. "Nothing at first sight can be more obvious, than that in all religious matters, none could make over the right of judging for himself, since that would cause his religion to be absolutely at the disposal of another." At his rate of arguing (I think I do not misrepresent him, and I believe he will not deny the consequence) a man may profess Heathenism, Mahometism, &c. and gain as many proselytes as he can; and they may have their assemblies, and the magistrate ought to protect them, provided they do not disturb the state: And they may enjoy all secular preferments, be lords chancellors, judges, &c. But there are some opinions in several religions, which, although they do not directly make men rebel, yet lead to it. Instance some. Nay we might have temples for idols, &c. A thousand such absurdities follow from his general notions, and ill-digested schemes. And we see in the Old Testament, that kings were reckoned good or ill, as they suffered or hindered image-worship and idolatry, &c. which was limiting conscience.
Page 15. "Men may form what clubs, companies, or meetings they think fit, &c, which the magistrate, as long as the public sustains no damage, cannot hinder, &c." This is false; although the public sustain no damage, they will forbid clubs, where they think danger may happen.
Page 16. "The magistrate is as much obliged to protect them in the way they choose of worshipping Him, as in any other indifferent matter."--Page 17. "The magistrate to treat all his subjects alike, how much soever they differ from him or one another in these matters." This shews, that although they be Turks, Jews, or Heathens, it is so. But we are sure Christianity is the only true religion, &c. and therefore it should be the magistrate's chief care to propagate it; and that God should be worshipped in that that those who are the teachers think most proper, &c.
Page 18. "So that persecution is the most comprehensive of all crimes, &c." But he hath not told us what is concluded in the idea of persecution. State it right.
_Ibid_. "But here it may be demanded, If a man's conscience make him do such acts, &c." This doth not answer the above objection: For, if the public be not disturbed with atheistical principles preached, nor immoralities, all is well. So that still, men may be Jews, Turks, &c.
Page 22. "The same reason which obliges them to make statutes of mortmain, and other laws, against the people's giving estates to the clergy, will equally hold for their taking them away when given." A great security for property! Will this hold to any other society in the state, as merchants, &c. or only to ecclesiastics? A pretty project: Forming general schemes requires a deeper head than this man's.
_Ibid_. "But the good of the society being the only reason of the magistrate's having any power over men's properties, I cannot see why he should deprive his subjects of any part thereof, for the maintenance of such opinions as have no tendency that way, &c." Here is a paragraph (_vide_ also _infra_) which has a great deal in it. The meaning is, that no man ought to pay tithes, who doth not believe what the minister preacheth. But how came they by this property? When they purchased the land, they paid only for so much; and the tithes were exempted. It is an older title than any man's estate is, and if it were taken away to-morrow, it could not without a new law belong to the owners of the other nine parts, any more than impropriations do.
_Ibid_. "For the maintenance of such opinions, as no ways contribute to the public good," By such opinions as the public receive no advantage by, he must mean Christianity.
Page 23. "Who by reason of such articles are divided into different sects." A pretty cause of sects! &c.
Page 24. "So the same reason as often as it occurs, will oblige him to leave that Church." This is an excuse for his turning Papist.
_Ibid_. "Unless you suppose churches like traps, easy to admit one; but when once he is in, there he must always stick, either for the pleasure or profit of the trap-setters." Remark his wit.
Page 29. "Nothing can be more absurd than maintaining there must be two independent powers in the same society." This is abominably absurd; shew it.
Page 33. "The whole hierarchy as built on it, must necessarily fall to the ground, and great will be the fall of this spiritual Babylon." I will do him justice, and take notice, when he is witty, &c.
Page 36. "For if there may be two such [independent powers] in every society on earth, why may there not be more than one in heaven?" A delicate consequence.
Page 37. "Without having the less, he could not have the greater, in which that is contained." Sophistical; instance wherein.
Page 42. "Some since, subtler than the Jews, have managed commutations more to their own advantage, by enriching themselves, and beggaring, if Fame be not a liar, many an honest dissenter." It is fair to produce witnesses, is she a liar or not? The report is almost impossible. Commutations were contrived for roguish registers and proctors, and lay chancellors, but not for the clergy.
Page 43. "Kings and people, who (as the Indians do the Devil) adored the Pope out of fear." I am in doubt, whether I shall allow that for wit or no, &c. Look you, in these cases, preface it thus: If one may use an old saying.
Page 44. "One reason why the clergy make what they call schism, to be so heinous a sin." There it is now; because he hath changed churches, he ridiculeth schism; as Milton wrote for divorces, because he had an ill wife. For ten pages on, we must give the true answer, that makes all these arguments of no use.
Page 60. "It possibly will be said, I have all this while been doing these gentlemen a great deal of wrong." To do him justice, he sets forth the objections of his adversaries with great strength, and much to their advantage. No doubt those are the very objections we would offer.
Page 68. "Their executioner." He is fond of this word in many places, yet there is nothing in it further than it is the name for the hangman, &c.
Page 69. "Since they exclude both from having anything in the ordering of Church matters." Another part of his scheme: For by this the people ought to execute ecclesiastical offices without distinction, for he brings the other opinion as an absurd one.
Page 72, "They claim a judicial power, and, by virtue of it the government of the Church, and thereby (pardon the expression) become traitors both to God and man." Who doth he desire to pardon him? or is this meant of the English clergy? So it seemeth. Doth he desire them to pardon him? They do it as Christians. Doth he desire the government to do it? But then how can they make examples? He says, the clergy do so, &c. so he means all.
Page 74. "I would gladly know what they mean by giving the Holy Ghost." Explain what is really meant by giving the Holy Ghost, like a king empowering an ambassador.[15]
[Footnote 15: See Hooker's "Eccl. Pol.," book v. § 77.]
Page 76. "The Popish clergy make very bold with the Three Persons of the Trinity." Why then, don't mix them, but we see whom this glanceth on most. As to the _Congé d'Élire_, and _Nolo episcopari_, not so absurd; and, if omitted, why changed.
Page 78. "But not to digress"--Pray, doth he call scurrility upon the clergy, a digression? The apology needless, &c.
_Ibid_. "A clergyman, it is said, is God's ambassador." But you know an ambassador may have a secretary, &c.
_Ibid_. "Call their pulpit speeches, the word of God." That is a mistake.
Page 79. "Such persons to represent Him." Are not they that own His power, fitter to represent Him than others? Would the author be a fitter person?
_Ibid_. "Puffed up with intolerable pride and insolence." Not at all; for where is the pride to be employed by a prince, whom so few own, and whose being is disputed by such as this author?
_Ibid_. "Perhaps from a poor servitor, &c. to be a prime minister in God's kingdom." That is right. God taketh notice of the difference between poor servitors, &c. Extremely foolish--shew it. The argument lieth strongly against the apostles, poor fishermen; and St. Paul, a tentmaker. So gross and idle!
Page 80. "The formality of laying hand over head on a man." A pun; but an old one. I remember, when Swan[16] made that pun first, he was severely checked for it.
[Footnote 16: Captain Swan was a celebrated low humorist and punster who frequented Will's Coffee-house when it was the fashionable resort of men of wit and pleasure. [T. S.]]
_Ibid_. "What more is required to give one a right, &c." Here shew, what power is in the church, and what in the state to make priests.
Page 85. "To bring men into, and not turn them out of the ordinary way of salvation." Yes; but as one rotten sheep doth mischief--and do you think it reasonable, that such a one as this author, should converse with Christians, and weak ones.
Page 86. See his fine account of spiritual punishment.
Page 87. "The clergy affirm, that if they had not the power to exclude men from the Church, its unity could not be preserved." So to expel an ill member from a college, would be to divide the college; as in All-Souls, &c. Apply it to him.[17]
[Footnote 17: Tindal was a fellow of All Souls College. [T. S.]]
Page 88. "I cannot see but it is contrary to the rules of charity, to exclude men from the Church, &c." All this turns upon the falsest reasoning in the world. So, if a man be imprisoned for stealing a horse, he is hindered from other duties: And, you might argue, that a man who doth ill, ought to be more diligent in minding other duties, and not to be debarred from them. It is for contumacy and rebellion against that power in the church, which the law hath confirmed. So a man is outlawed for a trifle, upon contumacy.
Page 92. "Obliging all by penal laws to receive the sacrament." This is false.
Page 93. "The want of which means can only harden a man in his impenitence." It is for his being hardened that he is excluded. Suppose a son robbeth his father on the highway, and his father will not see him till he restoreth the money and owneth his fault. It is hard to deny him paying his duty in other things, &c. How absurd this!