An humble apology for non-conformists with modest and serious reflections on the Friendly debate…

Quest. Are not all Laws once made, rigorously to be put in execution necessarily, and especially Laws concerning Ecclesiastical Affairs?

Answ. Laws that are lawful and necessary to the Esse or Being of the Church or State, are doubtless to be put in execution; not so those always, that tend to Order and Decency. Supreme Governors may, upon just occasion, forbear inflicting the Penalties upon Offenders against penal Statutes. Yea Excommunication, ⟨p. 117⟩that Great Church-Censure, may be suspended, when the major part of a Church are infected with some Error, or are guilty of some scandalous offence, the end of Laws Ecclesiastical and Civil, being the peace of Church and State; where the execution of Laws may occasion more harm than good, more disquiet than peace, there the supreme Power may for a time wave the exact and rigorous execution of them. His Majesty in his Declaration to all his loving Subjects, Decemb. 26.1662. published by the Advice of his Privy Council, conceives the power of dispensing with the Penalty (upon those who living peaceably do not Conform) to be inherent in him. Some Laws are made in terrorem, like Rods in a School. 'Tis not intended that every Offender and every Offence should be presently punished, according to the utmost severity of them. The Common Law in some Cases seems to need a Chancery, to moderate the rigour of it, lest that summum jus, prove summa injuria. He who will not allow his Majesty to save some by his Prerogative, who are cast by the Law, robs him of a principal Flower of his Crown, his very Crown and Glory, and that is, His CLEMENCY.

Answ. Laws that are lawful and necessary to the Esse or Being of the Church or State, are doubtless to be put in execution; not so those always, that tend to Order and Decency. Supreme Governours may, upon just occasion, forbear inflicting the Penalties upon Offenders against penal Statutes. Yea Excommunication, ⟨p. 117⟩that Great Church-Censure, may be suspended, when the major part of a Church are infected with some Errour, or are guilty of some scandalous offence, the end of Laws Ecclesiastical and Civil, being the peace of Church and State; where the execution of Laws may occasion more harm than good, more disquet than peace, there the supreme Power may for a time wave the exact and rigorous execution of them. His Majesty in his Declaration to all his loving Subjects, Decemb. 26.1662. published by the Advice of his Privy Council, conceives the power of dispensing with the Penalty (upon those who living peaceably do not Conform) to be inherent in him. Some Laws are made in terrorem, like Rods in a School. 'Tis not intended that every Offender and every Offence should be presently punished, according to the utmost severity of them. The Common Law in some Cases seems to need a Chancery, to moderate the rigor of it, lest that summum jus, prove summa injuria. He who will not allow his Majesty to save some by his Prerogative, who are cast by the Law, robs him of a principal Flower of his Crown, his very Crown and Glory, and that is, His CLEMENCY.