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A56809 The conformist's second plea for the nonconformists wherein the case of the non-conformists is further stated and the suspension of the penal laws against them humbly moved with all due submission to the magistrate / by a charitable and compassionate conformist, author of the former plea. Pearse, Edward, 1631-1694. 1682 (1682) Wing P979; ESTC R11214 81,044 88

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and latter Times in their Controversials that surely these Men were an excellent part of the Church inspired by the Spirit of Grace and Truth and deserved better usage and a higher place than a Barn or a Hall to preach in In speaking well of the Nonconformists I have followed the Example of them that I reckon among the Chief of the Church of England and if my Affection to them and in them to Christian and Protestant Name and Religion hath prevailed upon me to an unusual Undertaking if it be not pardonable with some if it be acceptable to Jesus Christ and suitable to the Minds of many good Men in the Church and do some tolerable service to the suffering part I doubt not but I shall be saved without the Pardon of them that cannot pardon the Vertue of Moderation any more than the aggravated offence of Nonconformity I have gone no further than to plead a trampled Cause which they that hold it think too good and precious to be trodden on by the proudest Foot as sit to be taken into Consideration by the Wisdom and Authority of the Nation I have not presumed to make Proposals or Demands that 's left to wise and great Men. But if some of our Eminent * Dr. Stilling Preface to the Vnreasonab of Separation Church-Men have made Proposals of Abatement and have not violated their Subscriptions not to endeavour any alteration of the Government in Church or State I hope I have not forfeited my Sonship or broken Faith by doing far less and keeping within the Bounds of a well-meaning Man And so much and perhaps too much by way of Apology I have opened in the Plea the Hardness of the Case Greatness of the Sufferings Worthiness of the Persons of the Non-Conformists and the Loss to the Church by their Exclusion or Suppression I might infer Conclusions from every of those Head of the Arguments and drive the Plea more home but now because their Sufferings are like to be more and greater and they are to be a Carkass to the Eagles I will take leave to discuss this seasonable and necessary Question Q. Whether it be not better that the Penal Laws against the Non-Conformists to which they are obnoxious by their Preaching and Praying and other Religious Exercises should not be executed but forborn rather than put in Excution until such time as our Gracious King and Parliament in time to come shall maturely take the State of divided Protestants into their wise Consideration and bring us all into a happier Legal Establishment than we are in or can be in while our Divisions and their Causes continue It may be thought high Presumption in a private Person to determine which is the better but I conceive that because the Civil Magistrate is not Omniscient but takes his Information from Inferiours and private Men coming to him through Publick Persons it 's rather a Duty than an Offence to propose such a Question and discuss it when too many determine perhaps without due Examination of the Case that the rigorous Prosecution of Dissenters is best and needful In the handling of this Question it will be necessary to state it and shew 1. Who I mean by the Non-Conformists 2. State the Controversy between them and the Church from which they dissent 3. Open the nature of the Offences for which they are liableto the Laws 4. Explain what I mean by Forbearance of them or the Execution of the Laws 5. Why I limit the time until our Gracious King shall take our divided State into further Consideration After which done I will 6. Produce my Arguments for the Affirmative That it is better the Laws should not be executed than put in Execution And 7. Answer Objections to the contrary 1. By Nonconformists I mean only such Ministers Teachers Pastors and People as are sound in the Fundamentals of the Christian Faith and substantial Worship that are Protestants or reformed from the Corruptions of Popery that peaceably submit to the Civil Government of the Kingdom and the Temporal Laws thereof Secondly The Controversy between the Nonconformists and the Church or the Conformists lies not in Matters Political and of Civil Government for they agree in that according to the Laws and Constitution of the Realm * Vid. Dr. Stilling Misch Separat p. 21. and their own many Books Cum illis quos tu Puritanos vocas non est nobis de fide aut Fidei dogmate lis ulla de Ritibus illis disciplina Ecclesioe nostrae contendunt Crakenthorp Eccles Anglic. Defensio c. 33. p. 203. Nor is the Controversy in the Fundamentals or Articles of Faith or between a Church-Government and Anarchy or no Government but about Matters of Form and Ecclesiastical Discipline and Terms of Church-Communion or of Exercise of their Publick Ministry consisting in Subscriptions Oaths and Declarations and some private Doctrines to be assented to But this is too general an Account more particularly it is carefully to be noted 1. That the Controversy berween the Nonconformists and the Church as now Established by Law is not the same it was between the Church and Nonconformists or Puritans from the Reign of Q. Elizabeth to our King's Reign The Nonconformists in those days and following time asserted a Government and Discipline of Divine Right by Presbyterian Classes Synods and Lay-Elders and dissented from the Government by Diocesan Bishops and Ceremoines principally yet these were against the Brownists who separated from the Church of England as no true Church which the meer Nonconformists did not But since his Majesties wonderful Restauration that part of the Controversy which relates to Church-Discipline and Government is altogether new and quite different from the old No single Person nor Combination of Men did ever desire of the King or Parliament the Establishment or the Toleration of the Presbyterian Government or Discipline See Mr. Baxt. Preface to Bp Morley and Bp Gunning before his True and only way of Concord either in the Presbyterian or Independent Way And therefore the pains of those Writers who have revived the Opinions and raked into the Miscarriages of the Presbyterians might have been spared as not at all to the purpose except to that which is unbecoming either peaceble or wise Men They do only kindle Wrath by stirring Fire and cry Fire Fire in the Church and State when there is not so much as any Smoak ascending from the Embers of Presbyterian Principles Those Tragical Stories of Presbyterians whether true or not which some Men bring to remembrance seem to serve another Design than the union or preservation of the Church and apparently to render the Nonconformists suspicious and odious and to hinder a Reconciliation 2. There are especially two sorts of Dissenters from the Legal Church First Those who are called Presbyterians but wrongfully so called and by me only for Distinction sake the other are the Congregational or Independents The Fanaticks and Sectaries fall under this last Division
The Argument runs thus It is not good to execute the Laws upon Dissenting Protestants therefore it is better to forbear their Execution than put them in Execution The Proposition is be proved by an Enumeration of the Laws that Men are pressing upon them 1. It is not good to execute the Statute of 35th of Q. Elizab. which they who are in danger are threatned with That which the whole Parliament thought dangerous to the whole Protestant Interest in England and did as far as in them lay disanul a Bill being prepared to be signed by His Majesty should not be thought good or fit to be executed upon one part of Protestants by some particular Justices of the Peace on the irreligious covetous Information of a sorry sort of Men. The loss of that Bill was judged so great a loss to the Nation of Protestants that the next Parliament made diligent Inquiry into the Causes of that dangerous Frustration of what was thought as much for the Preservation of Protestants from Banishment by Abjuration as for the Preservation of our Bodies from burning by the Act de Heretico comburendo But if this Argument be not of force against them that can handle a Sword better or sign a Warrant than answer an Argument or that will not be reasoned out of a Resolution it may receive some further Strength by this further Enumeration 1. The impartial Execution of that Statute will be ill for all the Papists in the Land that owning the Supremacy of the Pope do impugn the King 's in Causes Ecclesiastical and have absented from Common-Prayer They must abjure the Realm and truly a little respect to Nonconformists because they are not Papists but Protestants should direct our Magistrates to begin with the Papists and try if by ridding the Land of Papists the Stifness of the Dissenters may not bend towards Conformity But to begin with Protestants and leave the Enemies of the King and Church to stay behind them that have potent Confederates is not safe nor kind and respective to Protestants 2. It will be ill for thousands of them that go under the Name of Protestants of the Church of England that may be proved not to have been at Common-Prayer in any Church or Chappel or place where Common-Prayer is wont to be made To prosecute Protestants that preach or are present at Religious Duties tho not after the manner of the Liturgy and to spare them that are oftener present at a Coffee-House or Tavern than at any Worship of God is too partial a Proceeding and argues little kindness to Religion by shewing more to them that wear a Name of Religion and not so much as a Cloak of Religion besides 3. It is not for the King's Honour Profit or Safety and therefore it is not good that a general Riddance should be made of all Dissenters both Papist and Protestant out of the Land by Abjuration when the Papists have many Friends that can furnish them with Arms to make their way back again with some Armies and Auxiliary Forces to help them to pull down the Church of England and set up what King they please 4. It cannot be good for the Church of England I mean the severe and rigorous tempered Men who will multiply Enemies against them when they see that Severities are used upon good Subjects and the moderate and sensible part of the Church will be grieved to see their Brethren in the Faith drawn out first for Sacrifice 5. It cannot be good for those Gentlemen who have expressed their dislike of our last Parliaments and that hope for another and labour to be in it themselves when the whole Nation see and know how friendly they are to the Popish Party how hard to believe as much a Popish Plot and have as soon as possibly they can after their Thanks to the King for his Ruling by Laws declared what Laws they are ready to execute Can they think that any besides a terrified servile Dependent Part of the Nation will vote for them or for their Friends Interest That therefore which is good for none ought not by any to be executed and none will but such as are resolved against all Reason and the highest Wisdom The other two Laws are directly against Protestant Dissenters Secondly It is not good to execute the five Mile Act upon them 1. It is not a righteous thing to execute that Law upon them except they are guilty of that Crime for which that Law doth principally and ' mainly provide The Crimes recited in that Act are Whereas they conformed not c. nor made the Delcaration in the Act of Uniformity but setled themselves in Corporations taking occasion thereby to instil the Principles of Schism and Rebellion into the Hearts of His Majesties Subjects to the great danger of the Church and Kingdom This is the pretended Mischief against which that Act was made and if so then it cannot with any Justices be executed but upon such as have sowed those Principles If such have been no Favour is asked for them But who comes out to prove that any Nonconformist Preacher hath instilled such Principles If some have why should those that have not suffer as if they had if some have find them out if all have spare none if none have why should any suffer If they have those Principles are very weak and ineffectual have had many Years to work in and yet for the honour of the Religion which they profess no Rebellion hath been as much as moved Was their Nor conformity a Crime they patiently bore the sentence of the Law Their living in Corporations could be no Crime their preaching Orthodox Doctrine could do no hurt to Church nor States their not taking that Oath was no greater a Crime in them than in all the Lords and Commons who then and since have argued against it and opposed it To instil the Principles of Schism and Rebellion must be the Crime Now if none of them have been guilty of that Instillation it is not good because not just to execute the Laws upon them 2. It is not good to execute that Law upon Dissenting Protestants which at first making was promoted by Men Popishly inclined and since appeared to be Papists and was never executed but in Favour of Popery and was opposed by Loyall Protestants I know not in what rank of Protestants to place him with whom this Argument is weak except among those good natured Protestants that have served the Popish Designs Who were the Promoters of it but Sir Tho. Clifford since Lord Treasurer and a professed Papist Sir Solomon Swale Growth of Popery under the Name of Andrew-Marvel Esq and Sir Roger or Tho. Strickland that since appeared to be Papists Who more opposed it than the wise and Loyal Earl of Southampton Lord Treasurer Earl of Shaftsbury who scented the Popish Plot and pursued it before many were aware the Lord Wharton and others firm to the Protestant Interest Take the good