NONCONFORMITY Not Inconsistent WITH LOYALTY OR Protestant-Dissenters NO SEDITIOUS OR DISLOYAL SECTARIES EVIDENC'D IN A SOBER DISCOURSE upon those STATUTES by which the Protestant-Dissenters are Prosecuted at this Day Humbly offered to the Candid Consideration of all Protestants whether Conformists or Nonconformists By JAMES JONES a Protestant-Dissenter and now a Prisoner in Wood-Street-Compter for Nonconformity Esther 3.8 9. And Haman said unto King Ahasuerus There is a Certain People Scattered abroad and Dispersed among the People in all the Provinces of thy Kingdom and their Laws are divers from all the People neither keep they the Kings Laws Therefore it is not for the Kings profit to suffer them If it please the King let it be written That they may be Destroyed Isa 42.22 But this is a People robbed and spoiled they are all of them snared in holes and they are hid in Prison-Houses They are for a Prey and none delivereth and for a Spoil and none saith Restore LONDON Printed for the Author and are to be Sold by William Bateman and most Booksellers 1684. To all Sincere Protestants whether they be Conformists or Nonconformists Fellow Protestants I Do humbly present to your sober consideration a Brief Discourse concerning several Statutes by which they Protestant Dissenters are Prosecuted to the very great dammage of multitudes of Families who are his Majesties Faithful Subjects and can Appeal to God and the King that they are persons of Loyalty notwithstanding their Nonconformity And as it is Recorded concerning Holy Daniel who was the great Nonconformist of that day Dan. 6.5 That he could not be fairly accused of any matters to make him a criminal except it were concerning the Law of his God Even so it may be truly said of the Nonconformists in England however they may be Reproached and be spattered as a Seditious and Rebellious People But it is well known that it is no new thing for such as fear God and are greatly favoured by God to be miscalled Jerusalem which was the City of the Great King viz. God the King of Kings Mat. 5.35 was called the Rebellious and Bad City Ezra 4.12 and in verse 19. A City of Insurrection Rebellion and Sedition And Jesus Christ was charged with Blasphemy Mat. 26.56 and called a Deceiver Mat. 27.63 And the Apostle Paul was called a Postilent Fellow a Mover of Sedition and a Ring-leader of the Sect of the Nazareens Acts 24.5 and his way of Worship was called Heresie verse 14. And no marvel if it be so in those our days But now it will be Replyed by some that the Protestant Dissenters are in a Conspiracy and Bloody Plot against the Kings Person and Government Vnto which let this answer be Considered That although some particular persons that have been counted Dissenters may be so wickedly concerned yet that is no proof that this is the Dissenters Plot no more then because some of the Church of England may be proved to have been in such a Conspiracy it can be called the Church of England's Plot which to affirm would be very wicked and abominable for it would render the Church-Protestants no better than Traytors However if either any of the Dissenters or of the Church-men should be so wicked as to be really guilty let them suffer the Justice of the Law that others may bear and fear and do no more so wickedly But God forbid that a whole Party of any sort of People should be charged with the wickedness of some of the same Party Simeon and Levi were guilty of a horrid and Bloody Fact in cutting off Hamor and Shechem which was the Prince of that Land and his Son and they also cut off the Inhabitants of that City where they Ruled because that Shechem the Son of Hamor had defiled Jacobs Daughter See the whole Story in Gen. 34. But it would be a very unrighteous thing to charge good old Jacob with this Bloody Crime because he it as their Father or to charge the rest of his Sons because they were Simeon and Levi's Brethren It is enough that they who be really guilty of any Crimes be charged with them and be Prosecuted so as to suffer justly for them And besides this it must be considered that such as have been innocent persons have been Accused of high Crimes and have suffered death as for instance Naboth was accused that he had Blasphemed God and the King and was stoned to death for it when indeed it was a Plot invented by Jezebel and managed by the Elders of the City where Naboth dwelt See 1 Kings 21. v. 9 10 11. And thus we find it concerning our Blessed Saviour he was Accused that he said he would destroy the Temple which was made with hands and within three days build another without hands Mark 14.58 Now Christ had spoke of Destroying and Raising of a Temple in three days see John 2. v. 19. Jesus answered and said unto them Destroy this Temple and in three days I will raise it up v. 21. But he spoke of the Temple of his Body Thus we have two famous Instances of false Accusations concerning words Naboth was Accused of words that he never spoke Christ was Accused of some words he had spoke but the Accusation was not just as the words were spoken for though he spoke of a Temple and destroying of it and raising of it he did not say the Temple that was made with hands neither did he say that he himself would destroy any Temple but he spoke to the Jews who he knew would destroy his Body and said to them Destroy this Temple and as for Raising of it up that he said should be his own work And I will Raise it up in three days But he was Prosecuted for saying he would destroy the Temple of Solomon and build it in three days when it was no such thing And in our English Chronicle it is stoired of a good House-keeper or in the Reign of King Edward the Fourth that told his Son who was a Child saying Thou art Heir to the Crown meaning his house which was the sign of the Crown in Cheap-side But the Honest Citizen was Accused of Treason and suffered Death as a Traytor See bakers Chron. However it must be confest that Trayterous Designs have been too many times managed against the Kings of several Kingdoms and against the King of England in particular and whosoever can be proved really guilty thereof ought to suffer according to their Crimes But as for my own part who do profess my self a Protestant Dissenter I do solemnly profess before Almighty God that I do with my Soul abhor all acts of violence to the meanest of the Kings Subjects and do deem it ten thousand times worse to offer any violence to the Person of the Kings Majesty 1. Because of the Greatness of his Person he being by the Providence of God the Head of the Nation 2. Because the shedding of his Blood and taking away of his Life is the
live a Holy Life and Conversation suitable to such a Holy Profession and therefore ought to be deemed good Protestants though in some things they differ from the Church-Protestants especially considering that those things in the Protestant Religion wherein both Parties do agree are greater than those things wherein they do differ and yet those things wherein they differ are such as each Party cannot Conform to without wronging of their Consciences and doubtless the Church-Protestants would think it hard measure if they should be forced to Conform to the Dissenters even as the Dissenters think it hard measure to be forced to Conform to the Church-Protestants And therefore each Party should labour to walk by that Golden Rule that Christ hath given in Mat. 7.12 Whatsoever ye would that men should do unto you do you even to them for this is the Law and the Prophets 2. The Protestant Dissenters cannot fairly be deemed Disloyal Persons forasmuch as they do acknowledg the King to be Supream Governour of this Realm and all other His Majesties Dominions and Countries in opposition to the Pope and all Forreign Jurisdiction and are ready with their Purse and Persons to maintain the Kings Person and Crown against all Murdering Conspiracies among any sort of persons whatsoever And though it may be objected that some under the name of Protestant-Dissenters have been charged with and have been found guilty of the aforesaid Wickedness God forbid that this should be charged upon the whole Party for as much as it is well known that the generality of the Protestant Dissenters do abhor such Principles and Practices and do as heartily desire that the King may injoy his Crown and Kingdom free from all violence as they desire to injoy their own Habitarions and other their Lawful Concernments What though some Gentlemen some Knights some Peers of the Realm be charged and found guilty of Disloyalty yet it would be very unrighteous to charge or deem all of such Degrees or Titles to be so guilty of the like Disloyalty However Non-Conformity barely of it self cannot be fairly accounted Disloyalty they that will say so may well be counted such as condemn the Generation of the Righteous in all Ages even the Apostles and Disciples of our Lord Jesus they were the Non-Conformists of that day and yet they were Loyal Subjects under all those Governments where the Providence of God did cast them and the Apostle Paul tho' he did Preach up Subjection to Authority yet he did maintain his Non-Conformity in matters of Religion and the Christians in queen Maries days did maintain their Non-Conformity in not submitting to the Religion as it was Established by Law and yet they were Loyal Subjects and so it may be truly said of the French Protestants their Non-Conformity doth not destroy their Loyalty Thus it is evident that Nonconformity is consistent with true Loyalty Yet it may be further Demonstrated that Non-Conformity may be attended with the greatest Loyalty when Conformity may be attended with the greatest Disloyalty as doth appear in that famous instance of Mordeâ—ai who was a Notorious Non-Conformist in not submitting to the Established Worship of that Kingdom and yet such was his Loyalty that he discovered the Treason of two of the Kings Chamberlains who may well be concluded to be the Conformists in Religious matters and yet designed to deprive the King of his Life but Mordecai the Non-Conformist did save the Kings life though he went some considerable time Unrewarded for that his Loyal Service 3. Consider that the Punishment of this Statute is too great for the Offences viz. of not coming to Church to hear Common-Prayer of frequenting Conventicles if by Conventicles are meant only such Meetings where there is the Exercise of Religion as it is now among the Protestant Dissenters the Punishments provided by this Act being of several sorts 1. Imprisonment 2. Abjuration 3. Death if Abjuration be Refused 4. Loss of all Goods for ever 5. Loss of all Lands Tenements and Hereditaments during the Life of the Offender and all this for not coming to hear Common-prayer and frequenting of such Religious Meetings as are called Conventicles Now it seemeth very strange that so severe a Law should be made by a Protestant Queen and by a Protestant Parliament against any Persons that could not in Conscience Submit to that form of Religion Established by Law who notwithstanding were Protestants and did own approve and promote the Protestant Religion in the main and Substantial parts of it Especially considering how the said queen and those Assembled in the aforesaid Parliament did groan under the Government of Queen Mary because their Consciences were imposed upon by Reason of the Popish Religion which then was Established by Law and then the Poor Protestants were deemed no better then Sectaries Schismaticks and Hereticks and their Religious Meetings where-ever they could get together were accounted Seditious Conventicles and Rebellious Meetings and they were Prosecuted both by the Ecclesiastical and the Temporal Power even unto Death 4. Consider that though queen Elizabeth did give the Royal Assent unto this Act of Parliament she was greatly troubled when Mr. Henry Barrow Mr. John Greenwood and Mr. John Penry were put to Death for their Non-Conformity she being informed by some of whom she demanded an Account of their Death they being at that time present That they were very Eminent Christians and that if they had lived they might have been as worthy Instruments for the Church of God as hath been raised in this Age at which her Majesty sighed 5. Consider that though this Act hath been continued from time to time yet there hath been a cessation of the Executing of it from the latter end of Queen Elizabeths Reign to the Reign of this present Majesty 6. Consider that though some Justices of the Peace have attempted to put this Act in Execution since his Majesties Restauration whereby a considerable Number of Protestant-Dissenters were Convicted at Aylesbury and all their Goods in their shops and houses were seized and they were in great danger of being quickly hanged but thanks be to God his Majesty had Compassion Judging it too hard dealings for his Protestant Subjects and so he not only saved their Lives but Restored them all their Goods which Gracious Proceedings of the King was agreeable to his Royal Promise in his Royal Declaration from Breda in these words We do Declare a Liberty to tender Consciences and that no man shall be disquieted or called in Question for differences in opinion in matters of Religion which do not disturb the Peace of the Kingdom and that We shall be ready to consent to such an Act of Parliament as upon Mature Deliberation shall be offered to Vs for the full granting such Indulgence 7. Consider that the Lords and Commons Assembled in Parliament even of late years did take into their wise and serious Consideration this very Statute and by joynt agreement had prepared a Bill for the
ready way to make the Kingdom swim in Blood by reason of these Distractions that would attend such a bloody action Besides the greatness of the Sin in the sight of that God who will make inquisition for Blood And therefore though persons of contrary minds to the Government in matters of Religion may be greatly oppressed because of Laws made against them yet it is their duty to walk by these Following Rules 1. To be subject to the Higher Powers Rom. 13.1 2. To Render to all their Dues viz. Tribute Custom Fear and Honour Rom 13.7 3. To be patient in Tribulation Rom. 12.12 4. To Recompence to no man Evil for Evil Rom. 12.17 5. To Pray for them that Persecute them and despitefully use them Mat. 5.44 6. If it be possible as much as in them lieth to live peaceably with all men Rom. 12.11 7. Not to be overcome of Evil but to overcome Evil with Good Rom. 12.21 JAMES JONES A Table of the Principal Things contained in this Book 1. OF Government in General Page 1. 2. OF the Government of England in particular Page 2. 3. An Answer to those that object against the Protestant Dissenters because Venners Insurrection Page 3. 4. A Discourse upon the Statute of 1 Eliz. 2. concerning the Penalty of Twelve-pence for not coming to some Church or Chappel to hear Common-Prayer every Sunday and Holy-day P. 4 5. 5. A Discourse upon the Statute of 23. Eliz. concerning the Penalty of Twenty Pounds a Month for not Repairing to some Church or Chappel or usual Place of Common-Prayer p. 6. 6. A Discourse upon the Statute of 29. Eliz. and the third of King James concerning the same Offence page 7 8. 7. A Discourse of the Statute of the 35th of Queen Elizabeth commonly called the Abjuration Act. page 9 10 11. 8. A Discourse upon the Oath of Allegiance page 12 13. 9. The Oath of Allegiance it self and King James his Exposition of it page 14 15. 10. The Oath of Supremacy and Queen Elizabeths Exposition of it and the Act of Parliament Confirming the said Queens Exposition page 15 16. 11. The Statute of 17. Car. 2. chap. 2. considered Intituled An Act for Restraining Nonconformists from Inhabiting Corporations commonly called the Five-Mile Act page 16 17 12. Considerations upon the Statute of 22. Car. 2. chap. 1. Intituled An Act to suppress Seditious Conventicles c. Page 17 18 19. 13. An Acoount of the Proceedings of the Ecclesiastical Courts for not coming to Church and Receiving the Sacrament Page 19. 20. 14. The several ways of obtaining Absolution from the Sentence of Excommunication Ibid. 15. Reasons why Protestant Dissenters cannot Conform Ibid. 16. The Conclusion Ibid. NONCONFORMITY Not Inconsistent WITH LOYALTY OR Protestant-Dissenters no Seditious or Disloyal Sectaries Evidenc'd in A Sober Discourse upon all those Statutes by which the Protestant-Dissenters are Prosecuted at this Day I. GOvernment in Nations and Kingdoms is the Glory of this World for thereby things of all sorts and Persons of all Degrees are Regularly managed and disposed of and though some Governments are far better then others yet that Government that is not so good as it ought to be is far better then no Government at all for without Government there is nothing but dreadful Confusion each party striving to have his own Lust a Law for others Therefore it is far better for Common Good to be under a Government by setled Laws though in some things bad then to be under the Will and Pleasure of any particular Person or any Number of Persons whose Proceedings may be according to that Power and Might in a way of force as they are able to Exercise over each other and so as there may be an Uncertainty of Commanding there must needs be an Uncertainty of Obeying and so an Uncertainty of any Safety II. The Government of Nations doth very much differ from each other in the particular forms thereof some being governed by Kings and some by States and some by other Governours but tho there is a Difference in forms of Government and in the Titles of Governours yet they all agree in the Substantials of Government viz. To maintain a Publick Peace amongst themselves and to be so United unto each other as to defend themselves against Forreign Foes and to punish such as are Offenders in offering any kind of Violence to the Persons or Power of their Governours or to the Persons Priviledges and Properties of each other And in these and such like things those that differ in matters of Religion from what may be the Established Worship of the Countrey where they are Inhabitants yet they ought to behave themselves in all peaceable manner with Subjection to those that are in Authority For the People of God in the Primitive Times though in Religious matters they differ'd from those Countreys where they were Inhabitants yet they were taught by the Doctrine of the Apostles to maintain the Welfare and Grandure of the Government See Rom. 13.7 Render therefore to all their Dues Tribute to whom Tribute is due Custom to whom Custom Fear to whom Fear Honour to whom Honour And also to lead a quiet and peaceable Life in all Godliness and Honesty under Authority see 1 Tim. 2.2 III. And it may be truly said that England is most happy in its Government as it consisteth of King Lords and Commons by whom Laws are made for the whole Kingdom And the Law-makers are also under the Power of the Laws they make And this is most excellent that each Party of the Law-makers considered as King Lords and Commons cannot impose any thing as a Law upon the Subjects in General nor upon each other without a mutual Consent viz. The King cannot impose a Law upon the Peers The Peers cannot impose a Law upon the King The King and Peers cannot impose a Law upon the Commons The Commons cannot impose a Law upon the King and Peers but King Peers and Commons by a joint Consent do make Laws IV. And each Party who have matters one against another cannot Determine or Issue their Case according to their own Minds and Wills and at their own Pleasures but the Determination of all matters must be in a Legal Way being tryed before the Honourable Judges of the Realm who are Required by Law that they shall not deny nor delay Justice the whole Issue of matters in Controversy must be determined by a Jury of the Neighbourhood viz. Twelve men of Honesty and Wisdom that so the Kings Subjects may receive no Wrong by Knaves or Fools and in some great Criminal Cases the Prisoner or Accused Party is allowed by Law to except against a great Number of the Persons who are Summoned to be of his Jury without shewing any Reason but only because he doth not like them and may after that Number is Expired except against many others upon such Reasons as the Court can justly approve of So tender is the Law of mens Lives that good
Provision is made for the Right Administration of Justice that so the Innocent may be acquitted and none but the Guilty may be punished unless the King extend Mercy in Pardonable Cases in hope of the Offenders Amendment V. And this further must be considered that one part of the Law-makers are the House of Commons who are Chosen by the People and have power to prepare Bills for the Consent of the House of Lords and also to Accept or Reject Bills from the House of Lords before they are Presented to his Majesty for his Royal Assent and therefore if any Laws be made that are not for the peoples profit the Electors of such Members of Parliament must Reflect upon themselves for making such a Choice and look better to their Choice for the time to come VI. And sometimes His Majesties Leige People may Receive and Sustain Damages and Wrongs not because the Laws are bad but because it is badly managed by such as do not well understand the Laws or else because they may have some Antipathy in their minds against those that are Prosecuted and so that they may Accomplish their own wills against some particular persons do sometimes venture to swerve from the true meaning of the Law VII And for the good of the King and Kingdom the Wisdom of the Nation Assembled in Parliament doth sometimes upon mature consideration prepare Bills for Acts of Parliament in which some former Laws are Confirmed and Explained and some Laws are Repealed and some New Laws are made VIII Now therefore that Justice may be Rightly Administred unto all the Kings Subjects it doth highly concern all Mayors of Cities and of other Corporations as also all Justices of the Peace in the several Counties of this Realm together with all other-Peace-Officers concerned in the Executing of the Laws To make sure of a Right Understanding of their several Offices according to Law that as they may not come short so they may not go beyond that power the Law hath committed unto them and so become needless Prosecuters and Troublers of the Kings Subjects to their shurt and dammage though after great Charge and Expence such may be Releived by the Kings Honourable Judges and it may be those that were their Troublers may pay for it afterwards to their Cost and shame when Justice shineth in the Kings Courts of Justice being displayed impartially between the King and his Subjects and also between Subject and Subject IX In the Right Administration of Justice it doth highly concern the Executors of the Laws to consider the Nature of the Offences punishable by the Law whether they be great or small whether they be such as are any way a hurt to the person of the King or to the Publick Peace of the Kingdom or whether they be such things as tho' the Law doth count Offences yet in themselves are not maters at all Criminal viz. matters of Conscience by reason of mens Differing Opinions in matters of Religion which in themselves are no way hurtful to any mans Person Name or Estate X. It is also to be soberly considered what kind of persons the Deemed and Reputed Offenders are whether they do at all own and adhere to any Forreign Jurisdiction or whether they do own and approve of the Kings Majesty as the Supream Governour of this Realm and all other his Dominions and Countries in opposition to the Pope and all foreign Jurisdiction who though they may in some things of Religion differ from some matters of Worship as Established by Law are yet known to be such as fear God and Honour the King and profess practice and promote the Protestant Religion and are ready to assist and maintain the Government in the Peace and Tranquility of it both with Person and Purse as hath been demonstrated by the Protestant Dissenters in general and that in a time and times of great Distress when they have been severely Prosecuted in City and Country to the very great dammage of many good Families who desire to live and dye his Majesties Peaceable Subject But it may be some will object and say That the Dissenters have been Troublers and Disturbers of the Government and so call to Remembrance the Insurrection that was made by Venner and his Party in the City of London Unto which a satisfactory answer may be returned and therefore pray let these following things be considered in the behalf of the generality of the Protestant Dissenters 1. That the Insurrection of Venners Party was condemned by the Dissenters throughout the Kingdom as an Act of great violence and wickedness 2. That Conspiracy was but by a few viz. 29. who were known to be men of fiery Spirits and swimming Brains and would fain have been at the same work in the time of Oliver Cromwell if he had not very timely prevented it 3. Though they were Dissenters yet it is well known that they were fierce-spirited men against all other Dissenters that were not of their desperate minds 4. The Law hath taken hold of them and their persons have been punished severely for that desperate practice and the Dissenters in general throughout this Realm were not concerned in that Business 5. It is not at all fair that any Party of men should be charged with and condemned for the foolish rash Proceedings of some that may be called by the same distinguishing name for suppose some Presbyterians some Independants some Anabaptists and some Quakers should Conspire against the Government it will not be fair dealing to deem that all of those names are all alike in such bad things For by this Rule all French-men Scotch-men Irish-men and other Countries must be deemed Enemies to the Government because some have been proved to be so yea according to the aforesaid Rule all sorts of Tradesmen Gentlemen Clergy-men Knights Lords Earls Dukes though good Members of the Church of England must be censured and feared to be Traytors because some of such degrees and qualities have been proved to be such Criminals but as this is far from Christianity so it is very far from good humanity it is enough that those and only those who are the Criminals be punished according to their Crimes and as for all others who are not concerned in such Crimes tho they be under the same Denomination Respecting Degrees in the World or in matters of Religion yet they ought to be esteemed and favoured as Loyal Subjects to the King although there may be some matters of Religion that the Law doth account Offences XI That Justice may be Rightly Administred and Oppression may be avoided the nature and weight of the punishments inflicted by Law ought to be well considered and compared with the Offences especially if there be several ways of punishment for one and the same Offence and if the Executors of the Law be left at liberty to take which way they please of the greater or smaller punishments For as much as it savoreth too much or Severity if not