Sence of an Honourable Member of the Parliament at Westminster in the Debate of the Bill for uniting Protestants But suppose we should follow this Advice and make new Laws and require a severe Execution of the old how can you imagine that as long as the Popish Interest is so prevalent the Execution of such Laws shall be continued longer than may be subservient to the Interest of that Party Have we not had a sad Experience of this Hath the Oxford Act or that of 35th of Queen Elizabeth or any other against Dissenters been executed in favour of the Church note this all that think it a Service to the Church Are not the Dissenters as many if not more now than ever And is there any thing more visible than these Laws have been made use of to serve the Popish Interest or as Engines rather for the Affairs of the State than the Church If the Oxford Act and other Acts against Dissenters were projected in favour of the Protestant Religion it was strange they were so much promoted as many Members now here who did serve in those Parliaments do remember by Sir Tho. Clifford Sir Solomon Sweale and Sir Rogen Strickland who have since appeared to be Papists Sir I am afraid the name of the Church hath been strangely made use of to bring in Popery c. upon which resolved that the said Bill be committed upon the Debate of the House for uniting Protestants The last Act to be executed is that of 22 Ch. II. c. 1. Seditious Conventieles prevented and suppressed The Persons against whom it is levelled are described to be Seditious Sectaries Disloyal Persons who Hypocrites under pretence of tender Consciences have or may contrive Insurrections Concerning this Act let us observe the Time when it was enacted it was Anno 1670. Since which time we may not pass over without loss to the Argument how the Thoughts of our Governours and Law-makers have turned to another point and that very Parliament which was observed for a very great part of it to be young Gentlemen growing older grew more cool and moderate towards differing Protestants more suspicious of Popery and the more resolute they grew in maintaining Property and the Protestant Religion and to break the Arms and the Legs of growing Popery the more temperate they grew towards the Nonconformists not to take any Strength from His Majestirs Declaration of March 15 1671 2 because it seemed to tend to the Propagation of Popery and was recalled upon the Parliaments Representation altho some wise Protestant States-Men thought that Declaration would be a kindness to Dissenters and no greater Injury to the Church and Protestant Religion from Popery than they received by Popery growing apace under the Benignity of a Connivance and Favour of great Men. Not to take hold of this to shew that the King thought fit to mitigate the rigor of that Law the very next Year after it was enacted That which gives Strength to my Argument is this that at the next meeting of the Parliament which began February 24 1672 an Act passed against the Papists and a Bill was presented by the House of Commons to the Lords in favour of Dissenting and for uniting Protestants which as some that have as much reason to know as any who write would have passed if they had had time to sit and from that time that long Parliament who had made the Act against Conventicles how resolute soever they were against an Indulgence February 15 1662 they saw the incompatibility between Execution of their own Law and the Preservation of the Protestant Religion and saw a necessity of uniting Protestants at the same time when they saw our increasing Dangers from the Increase of Popery And our several Parliaments since have reasoned upon the same Principles and Foundations once again so far as to commuit a Bill to unite all Protestants And now I have prepar'd my self for this Argument It is not well done and cannot be good for the Church or Kingdom and if not good to them it should not be thought good by Protestants which that very Parliament that made the Act and many other Parliaments thought not good for the Church and Kingdom For some particular Magistrates upon the Information of some self-seeking Informers to execute the Laws against the sense of the Legislators who should and certainly did best know what was for our good is to oppose a private Opinion to a publick Deliberation and a private Spirit against a publick That I may draw these Reasonings to a Conclusion it is not a due Execution of the Laws except it be upon the Persons and to the ends intended in the Laws But if you would execute the Laws upon the proper Objects you must execute them upon Seditious Sectaries disloyal Persons very Hypocrites that do under pretence of Religious Exercises instil Principles of Schism and Rebellion into the Minds of the King's Subjects The Law goes upon such a Supposition and to prevent such Mischiefs but if there be no such Meetings to such a Tendency there are no Persons that deserve such Executions If there be let them be tried if there be not of all times is there no time but this for Protestant Magistrates to go upon the Information of Informers to give Countenance to a Scandal that Protestant Dissenters are as pernicious to the Government as confederated Papists And that Protestants should act contrary to their Principles contrary to their Interests to bring certain Ruine upon Themselves Families and Friends without any the least hope of Relief or mending their Condition A Game indeed to set Informers to find a Hare when they should run down the Fox If this be not to sin against Love to Protestants because of some Omissons or against Knowledg it is sin against Sence and many Years Experience If you do really believe and can prove by full and honest Evidence that such Men have preached such Doctrines take them as Traytors and never proceed against them as Dissenters for preaching in a manner different from the Liturgy These Arguments proceed from consideration of the Laws and are but my first Head of Arguments The second sort of Arguments is drawn from the Fact for which the Dissenters are to suffer The Crime primâ facie is preaching in a manner different from the Church of England and not according to the Liturgy to numbers above Four besides the Houshold This is the Fact The Proof of it is either by Confession of the Parties which we will not suppose or the Notoriousness of the Fact which needs further proof it all depends upon the Oaths of two Witnesses What do they depose They who perhaps know not what an Oath is nor what a Sin Perjury is depose that A. B. preached at such a time or times in such a place or places to such numbers against the Statute But what if the Preacher preach'd true Doctrine exhorted to Peace and Holiness Obedience Justice Mercy and not one
Opposition Oratorically but truly and upon Proof the one studies knows and performs his Duty to God and his King and to all Men according to his Knowledg the other knows neither and makes no Conscience in appearance of either he is for the King and you but as he is for the Devil for what he can get by his Service he is ungodly and profane a daily Transgressor of the King's Laws as well as God's and more than one have been cut off by the Sword of Justice having first been rejected by all honest Men the one lives a poor contented Life praying for his King and for all orders of Men and praising God fares hard and goes meanly whilst the other runs in debt cheats his Creditors swears and damns and robs on the High-way or breaks open Houses In a word the one walks in the way of Godliness and Honesty and labours to draw others with him the other neither goes in himself nor suffers others to enter that would And behold and be astonished ye Heavens at this the one is in danger of losing all he hath and suffering because he hath no more to lose for labouring to save Souls and the other hopes to be rewarded with a third part of many of his Neighbours Goods A surer way it is to turn Informer than play the Thief or cheat his Creditors but all hath not done their Work the end of many hath been according to their Work All this is spoken of some of them You are Gentlemen of Estates and cannot think that the ruine of thousands of Traders Farmers Tenants yea the impoverishing of many of good Condition can be a Service to the Common-wealth If you do not suffer an immediate Loss yet hundreds will and what is a Loss to so great a part will be an impairing of the whole That great States-man Sir Walter Rawleigh in the Parliament 35th of Elizab. spake these Words Historic Collect. c. of the 4 last Parliaments of Q. Eliz. p. 76. by Mr. Townshend I am afraid there is near 20000 of them the Brownists in England and when they are gone who shall maintain their Wives and Children Had there been but 20000 Dissenters in England they had been rooted out before now if some had prevailed But who shall maintain a far greater number of Wives and Children when their Husbands and Parents are undone by the Penal Laws And who will get by it not the King his third part if come into his Exchequer will not countervail the loss of his Subjects What have the Poor got this many Years or what have they got that could neither keep nor get nor pay their Debts before they took to Informing As many of you as are Gentlemen of Hospitality relieve many poor at your Doors or other-where can you think it a Charity to relieve Beggars and issue Warrants to make many Beggars that either cannot dig or beg or that keep many to their Labours that else would beg that bear their Burdens in the Common-wealth and are no burden to it Your Place and Office requireth Wisdom And I may be bold to say That the Renowned Sir Matthew Hale was as wise as strict as just as able a Lawyer as the ablest of you all that keep the Chair it is no disparagement of the learnedest and gravest of you all to take him for an Example See his Life by Dr. Gilbert Burnet whose Moderation towards Dissenters is a part of his noble Character you have known what hath been the concurring sense of all our Parliaments since 1672. If none of these shall be your Precedents I beseech you be pleased to consider it is your Wisdom to understand the Duty of your Places and the Matters that are brought before you especially in Cases that concern the Liberties Livelihoods and Estates of many thousands in the Land I humbly conceive you cannot with a clear Conscience proceed against the Dissenters except you understand 1. The matters for which they suffer and that you may see in several Writings 2. Attend to the scope and reasons of the Acts upon which you proceed 3. Distinguish between Preacher and Preacher between the sound and the unsound and other Circumstances and choose rather to give up your Commissions than to act against God and your Conscience by punishing Well-doing as if it were Evil doing That Preaching and Praying which tends to Men's Salvation and to no evil end either to the King or his Government cannot be punished safely without being accessary to the evil Intentions of those designing Men who were the Politick Promoters of those Laws nor without great obstruction of true Godliness and of a most desirable Vnion among Protestants 4. You ought not to act like meer Machines or irrational Instruments If so the Weak and the Rash that can but write their Names to a Warrant or a Mittimus might be as fit as you for your Offices but as Men of Vnderstanding Wisdom Conscience and Religion and if the Laws are hard and too severe for meer Nonconformity be Intercessors with the King and Parliament for his Subjects and your fellow Christians As Just Men Try the fitness of the Witnesses whether they are Boni Legales Punish not Religious Assemblies of peaceable Men under the odious names of Routs and Riots and let not the sound profiatble and peaceable Preachers be ruined with a measure of Punishment only due to the turbulent and rebellious And if by many Years Experience you find no Sedition or Disturbance to the Kingdom only to the minds of some that are too controversially disposed to Passion and Contention or if you find it only to be a Schism a Church-matter leave it to the Church-Men to judg it according to their Law If you maintain the Civil Peace you are happy Instruments in the Government and what more is required of you Noble and honoured Gentlemen I do not presume to dedicate this as to Patrons but humbly offer and submit the Reason and Argument to your Consideration and suggest two things 1. If we believe a Catholick Church of the same Faith in different Forms and Modes why shall not our Fellow-Subjects and Natives professing that Faith in a different Form share in your Charity as parts of the Catholick Church To love them as Christians of the Catholick Church and of the same Faith with our National Church in all things and yet punish them that preach Catholick Doctrine and observe all the Ordinances of the Catholick Church is an odd kind of Love and Charity 2. If there be any among us that are holy sanctified Preachers and Hearers they shall be saved in the last day You know the Process of that great day of Judgment for what Causes the unrighteous shall be condemned I was naked and ye cloathed me not in Prison and ye visited me not Mat. 35.43 O how will it agree with this to say I was in Power and I execated the Laws to distress of Goods and Imprisoment to
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
them but what many of their Teachers allow to be lawful This way did tend towards Union of the People Others have urged an Execution of the Laws upon the Brethren withal perswading them to believe that they suffer as Evil-doers Dr. Ashton's Toleration disapproved and this is to bring home stray'd Sheep through Briars and Thorns Our great States-men have taken different Measures also Some have moved for a severe Execution and to force them to an intire Obedience saying it was more reasonable they should submit to the Church than the Church to them Others being sensible of the Mischiefs Decemb. 21 1680. have stated the Case more exactly and argued for an Union and this prevailed in the Debate No Man of Sence or Piety can be insensible of the Sickness of the Family but whether it be better to kill some out-right or to starve them or to suffer them to live may be easily determined In a case of Discord and Contention between Brothers whether it be best to accommodate or to determine some shall have what they would and others shall have nothing left comes near the Case in hand The Dangers of a Forbearance are the same that were foretold would be the Consequences of an Indulgence which was opposed by the Parliament in the Year 1662. That House of Commons did argue against an Indulgence and for keeping up the Act of Uniformity by way of Prophecy and fore-sight of Consequences and their humble Advices presented to the King contain the strongest Reasons against an Indulgence that have been found out and contain the great Inconveniences and Evils of a Forbearance February 15 1662. I will give you the Substance of them 1. An Indulgence will establish Schism by a Law make the Government of the Church precarious and the Censures of it of no moment 2. It will not become the Gravity or Wisdom of a Parliament to pass a Law of Uniformity at one Session and pass another to weaken it the next 3. It will expose your Majesty to the restless importunity of every Sect and every single Dissenter 4. It will cause the Increase of Sectaries whose Numbers will weaken the Protestant Religion their Numbers being troublesome to the Government will as their Numbers increase be more troublesome and from an Indulgence arrive at a Toleration at length contend for an Establishment and end in Popery 5. It will take away all means of convicting Recusants 6. It is more like to occasion greater Disturbances than Peace in the Kingdom But as Events prove Prophecies to be true or false so Events have proved these Arguments to be weak or strong That very Parliament the true Protestant Part of it that did faithfully serve their King and Country with the Additions made to them by a latter Election to fill up vacant Places saw where we were and were sensible of the Necessity of uniting Protestants by Act of Parliament and many of the Episcopal Divines and some Bishops were for it A clear Discovery that the Mischiefs of our Divisions are of that sort that it were better an Abatement were made of some things made necessary to Uniformity without which the Dissenters will not unite than suffer them to hang over our Heads and come upon us We plainly see that many of the Reasons of the Commons 1662 are of no Force I will observe what is of present use to our times which is the first And For the other It became their Wisdom and their Religion to pass a Bill taking from the Act of Uniformity His Majesty hath not been molested with the Importunities of the Dissenters who have not so much as opened their Grievances or Petitioned the King or Parliament in these many Years There is no new Sect appearing nor increase of any by the Nonconformists to weaken the Protestant Religion who have used Endeavours to increase and maintain it it is in no danger from them they are not troublesome to the Government are not for a Toleration of intolerable Sects and Secteries contend not for an Establishment which they would rejoyce in but as becomes learned Men and rational and with as great a Temper at least as theirs that write against them The Peace of the Kingdom is not disturbed by them and if Popery come in it is against their Wills Prayers and Pains to expose and and baffle it It is their Trouble and a considerable part of their Affliction that they are thought troublesome to the Government which may by an ordinary Exercise of Patience and Love overcome the Trouble in their own Breast which is the seat of the Trouble And for the only remaining Evil which is the Evil of Schism it is clear that their Meetings are not established by Law and a Connivance gives no Establishment to it but if they be driven from publick into private Families and keep within their Number the Schism remains as great and greater than otherwise as I said before out of the reach and under protection from the Law What the Evils of a Forbearance are we see but what the Evils of an Execution of the Laws may prove we cannot see but morally and rationally speaking they will be greater than now we suffer I must premise this That if you proceed with rigor you do unspeakable Hurt if not you cannot do the Good you pretend There must be a Concurrence of all Magistrates in all places to take the same Course and as you must concur so you must be sure that the King will shut up his Royal Bowels and Clemency or some particular Men will but become hateful to their Countries and His Majesties Mercy will condemn their Severity This was so well understood by an Honourable Member of Parliament that he moved for ways to compel the Dissenters to an intire Obedience and submit to the Church by severe Penalties This will be the ready way to undo all if any thing do it which as to His Majesties Person and Government I do confidently hope and rationally believe is but a great word of Fancy an Oratorical Scarecrow Mischief of Separation p. 13. p. 22 23 52. The mischiefs of our Separation are laid open to this purpose 1. Great Hazards of unsetling all 2. Alienation of Hearts 3. Advantage of our common Enemies the Papists I borrow the Heads of Mischiefs and argue If the Mischiefs of Separation while there is a cessation of Prosecutions be so great much more when Prosecution cannot heal the Separation but encrease the Causes 1. It will beyond all recovery undo all Men that have been so many Years the more bold to assemble because of the Lenity of His Majesty and the Propensity of our many Parliaments from 1673 to accommodate the Difference and the inferiour Magistrates have found no evil Designs among them to give disturbance to the Government and many of the Judges in their Charges have turned the point of the Sword upon our secret Enemies that would openly do more against us all
Id. Serm. Apr. 1645. did exhort the Parliament to take care of the just Liberties of God's People not such Licentiousness a sis abus'd for a Cloak of Naughtiness c. to set up Unity in Faith that God's Name be not blasphemed his Day be sanctified his Gospel preached his Worship kept from Idolatry and Superstitions Innovations his Ministry purged planted Serm. Mar. 26 1645. encouraged Sacraments purely celebrated It is more than necessary and would take up too much time and place to examine all That which they were against was a general Toleration of all Religions of Idolatry Heresy Blasphemy and for all Men to do what they pleased They were against Mens publishing by preaching or printing dangerous Opinions such as Poligamy Arbitrary Divorce Mortality of the Soul no Ministery no Churches Mr. Case ' s Sermon May 26th 1647. Serm. Feb. 8th 1646. no Ordinances no Scriptures denying the Divinity of Christ and the Holy Ghost and other Opinions destructive of the Souls of Men. Mr. Newcomen is most full in stating the case of Liberty Which saith he is not to be granted in such things as are injurious to God and destructive of the Souls of Men nor wherein the difference of Judgment will necessarily and unavoidably ex natura rei produce a Rent or Schism If a Liberty of Judgment be lest it is first in such things as are not positively laid down in Scripture therefore not in Fundamentals of Faith and Worship 2. In things of private Practise Care is to be had of keeping those Opinions to our selves not perplexing the Consciences of others with them Private Persons of a differing Judgment if they live quietly frequent the publick Assemblies of Worship and are not discerned to disturb the Peace either of Church or State by any secret underminings are to be tolerated in hope of their Conversion and for publick Peace sake Much hath been yielded yea almost any thing but that one thing that would lay a Foundation of perpetual Division and Disunion in Families Church and Kingdom Thus he And what is there in all this that hath Conviction or any Reason to silence them that they cannot open their Mouths for a Connivance to themselves Yea I humbly conceive there is nothing but what commends the Ministers of the like Perswasion to publick Favour as being Orthodox and sound Men fit for a greater Favour than a bare Permission or Toleration Obj. The Presbyterians were against the Toleration of Independency Letter of Presbyterian Ministers of Lond. to the Assemblies of Divines against Toleration Dec. 18th 1645. therefore it is unreasonable for them to ask and as unfit for the Church to grant the same to them the Consequences of which Concession if made to them will be as prejudicial to the Church and State as Independency would have been to them Answ 1. There hath been no such thing desired since the King's Return that I know of as a Toleration of the Presbyterian Government 2. One great Reason against the Toleration was because the Independents bad not declared what they held nor circumscribed the Persons and the things which they desired 3. How far the Assembly and the Presbyterians condescended and indeed how amicably both Parties debated the Controversy is to be seen in the Papers of Accommodation there was a Committee apppointed for Accommodation November 6th 1645. After the Paper of the Dissenting Brethren in Answer to the Committee of Divines December 23d 1645 It is resolved upon the Question That they which agree in the Substance of the Worship of God in the Directory according to the Presace and agree in the Confession of Faith and with the Doctrine of the Reformed Churches contained in their Confessions and Writings as we do who differ from our Brethren in matters of Discipline Reasons of the Dissenting Brethren c. London 1648. shall have the benefit of this Indulgence P. 42. This I historically relate to shew tho the Presbyterians of Dond. were against a Toleration of they knew not what yet the Assembly took pains by way of Accommodation till they were diverted from all Proceedings And now if they had Power to assign it the Congregational should have a Brotherly Indulgence that are sound in Faith c. Obj. But the Dissenters are under the ill Eye of the Law and no more innocent than the Papists in the Eye of the Law and there is fear of them so the Fol. Pamphlet of Rebellion printed by B. Took Answ I say the Protestant-Dissenters are not under the evil Eye of the Law altho under the ill Opinion of some that wish them executed If they sowed Seditious Principles moved Insurrections or poysoned the King's Subjects they were most deservedly under the angry Brows of just Laws 2. What if they were what then Those over-voting Numbers in that House of Commons are under the ill Opinion of the Land have been noted by that very Parliament and since 3. That very Parliament in 1672 and all our Parliaments since have entertained better Thoughts of them 4. The King hath deserved some more Respect and Reverénce from them that seem to exceed in Loyalty than to have his Desires in his Speech at the passing the Act of Oblivion disregarded as it is and he expressed himself more graciously of them in many Passages of his Declaration about Ecclesiastical Affairs offered Dignities Bishopricks and gave Degrees to some of those very Men that this Gentleman thinks to prejudice by his Paper 5. Till the Act de Heretico Comburendo was taken away this very Writer if he be a resolute Protestant was under the evil eye of the Law and may be under the evil eye of the 35th of Elizabeth if he continue so and the whole Protestant Part of the Kingdom and who were under the Aspect of the Law of the six Articles But I say the Protestant Dissenters are not under the evil eye of the Laws but the Seditious and his many Lines are so many Slanders in many places and impose upon the Reader things which are contrary to our senses I can as soon believe Popery as that Protestant Dissenters are Enemies to the Government But what can be answered to such a Gentleman that says An Angel from Heaven might manage his Argument with greater Skill but not produce more Demonstrative Truth That is to say An Angel from Heaven might write more like an Orator than he but not be a better Logician than he But he seems to be one of that strange sort of People among our selves that as Dr. Burnet says in his late excellent Sermon before the Lord Mayor of London are not ashamed to own a greater Aversion to any sort of Dissenters than to the Church of Rome Thus I have made my way to the Conclusion and as I did begin so I will end with humble Application to the Magistrates But to all this the Magistrates will say they have an Answer ready viz. They do the Duty of their
spoken of by Sir Walter Rawleigh and deserve to be transcribed In his Conceit the Brownists were worthy to be rooted out of a Common-wealth I have shewed in the foregoing Plea our N. C. are not Brownists Collections p. 76. but what Dangers may grow to our selves if this Law passeth it were fit to be considered for it is to be feared that Men not guilty will be included in it And that Law is hard that taketh Life or sendeth into Banishment But now our N. C. are not as much as tried by a Jury but upon the Evidence of a scandalous Informer and Villains hired by him to swear what is for his coveted Gain where Mens Intentions shall be judged by a Jury and they shall be Judges what another Man meant But that Law that is against a Fact that is just and punish the Fact as severely as you will c. as was quoted before from that great and famous Man to turn this Law upon Orthodox sound Men and spare the Papists is too plain a perversion of the Law from the sence of the greatest States-men in that prosperous Reign of Q. Elizabeth no Justice can pretend Obligation from his Oath or Conscience so to do 5. They are no more obliged by their Office to execute these Laws against Dissenters than they are to execute other Penal Laws Is there not a Law that no Papist shall go above five Miles from his own House Elizab. 35th c. 2. or place of Abode after lawful Conviction Are all Papists convicted according to Law and do they keep their Bounds Is there not a Law of this Kings for Observation of the Sabbath and who is convicted or punished by it Is there not a Law prohibiting Gaming above one hundred Pound at one meeting and have all Gentlemen and Gamesters kept it The Act for 12 d. a Sunday for not coming to Church was intended against the Negligent and not the Recusant it being against Law to punish Men for the same fault twice as Mr. R. Owen said upon the debate upon that Bill Collect. ib. p. 173. But the N. C. are and have been punished many times and ways Who can tell how many thousands of negligent Persons live in London that go neither to Church nor Conventicle and who is so zealous against these as against Conventicles Surely then the Obligation of the Justice's Oath is not taken to be so strict in some as in all Cases as indeed they are or else a Justice is not bound to enquire after Transgressors but to keep his own Place and do Justice when complained unto 6. But suppose That the Informers of Conventicles are honest and true Men idoneous and fit or the Meeting be notorious then consider that the Law requiring the Justice to proceed against them is a Penal Law Any Justice of the Peace or Chief Magistrate that shall wilfully omit the performance of his Duty in the prosecution of this Act shall forfeit a hundred Pound one moiety of it to the Informer but to whom the other moity shall be forfeited is not expressed If the Informer will be so couragious as to sue the Justice so omitting his Duty he loses 50 l. Now the difficulty lieth in this The Law against Conventicles doth require the Justice of Peace or chief Magistrate to make Record of such an Assembly that makes it his Duty or in case of Omission he shall forfeit 100 l. if the Informer will be so bold as to sue for it here 's the Penalty the Law is a mixed and not purely Penal Law If any Magistrate be so strictly conscientious as to hold himself bound to execute his Office he may inquire into two things First The goodness and necessity of the Law which makes his Duty necessary Secondly His Omission is supposed and upon that Supposition his Penalty is assigned For the first There is no scruple to be made if any do under pretence of Religious Exercises contrive Insurrections but then it is the Magistrate's Duty to God the King and his Government to execute the Laws But 2. No such Crime being proved but pretended to suppress all Religious Exercises performed without the Liturgy and the Penalties being grievous to the Subject and the Law in effect declared to be grievous by several Parliaments altho the Law be actually in force yet it is under the Censure of Parliaments and hath lost its credit and reputation of Goodness and must be looked on as one of those Laws that are better null'd than continued and the Execution of it must be suspended as tending to unnecessary vexation of good Subjects and a scandal upon the Protestant Dissenting Brethren to render them as suspitious as our Enemies the Papists And if we may guess at the Law by the Penalty upon the Justice that omits his Duty or rather at the Intention of the powerful part that carried it they did not so much provide against Insurrections as against the total ruine of the Nonconformists for can the forfeiture of a an hundred pounds be a sufficient punishment upon him that omits to make a Record of so mischievous a Contrivance as an Insurrection no not the greatest Estate in England can recompence such an Omission nor is the Life of any Justice an equal Punishment To the second I propose this The Omission being supposed the Forfeiture is certain if the Informer will be so daring but 50. l. First Whether it be not better that a Justice of the Peace or Magistrate should venture the Loss of 50 l. which he doth but venture for what Informer will dare to sue Gentlemen of Honour Estates and Interest than many Families should be utterly undone Secondly If the Execution be better forborn as I hope I have cleared then it were better a Justice of Peace should lay down his Commission than act against the real Interest and Union of Protestants and make spoil of many Mens Estates Thirdly If Forfeitures upon Justices should be recovered and the payment too heavy for them to bear then they may do great Service to their King to the Church to their Country 1. To the King as Pliny did to Trajan concerning the Christians sed nihil aliud inveni quam Superstitionem pravam immodicam representing to the King they find no Seditions nor Insurrections nothing among the Nonconformists but their Nonconformity 2. To the Church by the same Representation as a means to heal us 3. To their Country by forbearing the ruine of thousands of Familes But if you shall for saving 50 or 100 l. or for ambition of a Place of Power or to rise into Business and Preferment or from Prejudice against Nonconformists or distaste and enmity at Religion proceed you sin exceedingly against God and Man I beseech you Honoured Sirs despise not the humble Address of a Minister of Christ in the Church of England on the behalf of Christ and his divided Church and multitude of precious Souls and out of Duty to your selves
in point of Government but the meer Congregational are Men of Learning Reason and sound Principles as to Faith Worship and Manners And so there must be a Distinction between some and others that are commonly so called All these agree in that they cannot conform to Subscriptions Oaths and Declarations and some in other Matters come nearer or stand further off than others therefore the Difference cannot be more particularly stated without an exact knowledg of their Tenets 3. Those who are commonly called and reputed Presbyterians declared themselves for his Majesties Declaration about Ecclesiastical Affairs October 25th 1660. Petit. for Peace §. 10. To the King 's Most Excellent Majesty The due Account and humble Petition of the Ministres of the Gospel commissionated for the review and alteration of the Liturgy Lond. An. 1661. Mr. Baxter's Prefà ce Treat of Episcopacy as they have done against the Terms required by the Act of Uniformity And now if any Man would know the true State of the Difference between the Conformists and one part of the Nonconformists may find it to lie in that Gracious Declaration and that Act of Uniformity The reputed Presbyterian cannot conform to the Act but would have been glad if that Declaration had been made an Act. And they who would have gladly submitted to that rare Invention of Composure and Settlement are no longer to be accounted Presbyterians in a strict and proper sense much less Enemies to the King and Subverters of the Government that would have conformed to what the King proposed upon great Reasons and wise Counsels as appears by the Reasons Frame and Language of that Declaration And they who condemn them that conform not to the Act but would have conformed to his Majesties Declaration if it had been turned into a Law have declared at the same time their dislike of the King's Declaration And if their Zeal be so hot against this kind of Dissenters their Reverence of the King's Act which gave them their Measures and Directions both as to what they should ask and desire to be ruled and governed by should restrain them from being too rigid in their Censures Had they drawn up such a Declaration as that is and presented it to the King and Parliament as the only Rule they would submit unto and the King have rejected and refused it then they had been more deservedly reproved for their Nonconformity But when it was graciously declared by the Ring and gratefully acknowledged by that Parliament and the Divines that now dissent did thankfully acknowledg and receive it See the foresaid Petition At their Meeting in Sion Colledg they cannot be condemned but with some Reflection upon that Declaration and by consequence the King himself and his wise Counsellors and that first Parliament who thanked the King for it And let it be further noted that there was once a Parliament most freely chosen of Loyal Members that thanked the King for Terms of Accommodation and Union and it is much for the Honour of the Dissenters who humbly desired an Union upon those Terms that they had once the King himself and as many of his Wise Council as advised and a Loyal Parliament freely chosen of the same Judgment with them If they are a Faction they are such as never was before them a Faction that would have been ruled by the King and that good Parliament which did restore Him I do notify the first rank of Dissenters from this because they have fubmitted to this and never offered any other Terms or Proposals by general Consent but those declared by the King himself * Or such Alterations as were made in the Liturgy by his Majest Commission And those that are said to be for a new Model are for the King 's own Model 4. The other sort of Dissenters fall under the name of Congregational and Independents As many of these as are under my present Consideration are first Orthodox and sound in Faith agreeing with the Scriptures received Doctrine of this Church in Articles and Homilies and of other Reformed Churches in opposition to Heresies and Popery 2. They dissent not from the Civil Government of the Kingdom Take their own professed Doctrine It is the Duty of People to pray for Magistrates to honour their Persons to pay them Tribute and other Duties to obey their lawful Commands and to be subject to their Authority for Conscience sake Infidelity or Difference in Religion doth not make void the Magistrates just and legal Authority nor free the People from their Obedience to him from which Ecclesiastical Persons are not exempted much less hath the Pope any Power or Jurisdiction over them in their Dominions or over any of their People and least of all to deprive them of their Dominions or Lives if he shall judg them to be Hereticks or upon any other pretence whatsoever * A Declaration of the Faith and Order of the Congregation Churches in England in their Meeting at the Savoy Octob. 12 1658. c. 24. Of the Civil Magistrate §. 4. Vid. Dr. Owen's Truth and Innocency vindicated Survey of Dr. Parker's Eccles Polity p. 164 c. Ibid. of the Institut of Churches §. 9 3. They are for a Church-Government by Pastors Teachers Elders and Deacons but within particular Congregations having all Power within themselves independent as to Jurisdiction or Subordination to any other Church or Synod and they are for the Administration of all the Ordinances of Christ The most that ever these desired at any time even when the Presbyterial Government was most likely to prevail was a Permission or Toleration to exercise their Discipline subjecting themselves as any other Subjects to the Magistrate not defiring the Preferments of the Church which they would have always go to them that conformed to the Constitution of the Church according to Law and with this they would now be thankfully contented The third thing to be spoken to is the Nature of the Offence for which they are liable to the Penalties of the Laws The remote Offence or Transgression is their Nonconformity to the Act of Uniformity for which they have suffered a Deprivation of their Ecclesiastical Preferments The next and immediate Transgression is against other Statutes which are these 1. The Statute of the 35 of Queen Elizabeth declared to be in force 16 of Ch. II. c. 4. 2. The same Act against Conventicles and unlawful Assemblies under Pretence of Exercise of Religion 3. Act 17 Ch. II. c. 2. Nonconformists that take not the Oath or Test therein set down shall not inhabit in any Corporation or live within five Miles of any Town that send Burgesses to Parliament or five Miles of the Place where they were Ministers 4. The Statutes of the 22th of Ch. II. c. 1. Seditious Conventicles prevented and suppressed By the first of these Statutes viz. 35th of Q. Eliz. the Offences are two the first is not coming to some Church or Chappel or other place of Divine Service
word tending to Schism or Rebellion What if the Person be a loyal Subject These things are out of the Question out of the Deposition But if these Witnesses cannot depose that such a Preacher is a Disloyal Person his Preaching to be to instil Schism or Rebellion or to move to Insurrection then if the Execution be according to the Deposition it is Execution upon Persons not intended by the Law and for preaching not forbidden by the Law for the Law forbids not Preaching but to such an end There is one Catching Circumstance it was above the Legal Number But yet one would think that that should not be a Crime except Rebellion and Insurrection be the intention of the Person and the effect of the Thing For many for five hundred to hear a good Sermon in a peaceable manner is in it self no Crime the Number and the Preaching must be to an ill Design in the intention of the Law For it were impious to forbid Preaching in it self The Evil of it must be in the evil of the Matter and evil of the Design and by Consequence only such Preaching and such Numbers are liable to the Penalty that is of a destructive or offensive Design unless you punish for Preaching which is good separate from the Design as evil This premised my Argument is this It is not good but evil to punish well doing as if it were evil doing and to punish Preachers and Hearers that never preached nor heard Rebellion or Sedition as if they were the highest Criminals in a Kingdom But to issue out Warrants and execute them upon Persons when nothing is proved against them but what is good and not prohibited by the Law as evil in it self but as evil to an evil end viz. Preaching is not good therefore it is not good to punish them c. To punish a Fact that in the intention of the Persons or nature of the Thing hath no tendency to Mischief to be prevented by the Law is not good but evil because the Execution is not directed to the end of the Law and by Consequence it is no legal Execution But to execute the Law for preaching and hearing upon Preachers and Hearers whose preaching and hearing hath no evil tendency to Sedition Rebellion Insurrection or Schism is such an Execution Therefore it is not good but evil The Minor is proved from the Peaceableness of the Nonconformists Piety of their Principles from the many Years Experience and Effects and seditious or rebellious or schismatical matter are not the things sworn against them or can be sworn but preaching to such Numbers and hearing in such Numbers and in a manner different from the Church of England which may be and yet not ill and may not be so for all the Informers know Obj. But the Law forbids such Men to preach as conform not swear not and in such a manner and to such numbers of Persons If the Law be good it is good to execute them Answ The Law forbids such Men as are seducing Sectaries disloyal Persons to such an end as was often named And such Persons and such Religious Acts abused to a wicked end and purpose and none else If the Persons are not such nor the Religious Exercises so abused to such wicked purposes then you must hold that either the Laws can or do forbid those Men that are good to do that which is good and so forbid absolutely that which is good which is to scandalize the Law and them that made it or you must yield the Execution to be ill and illegal except those Persons and Actions be taken relatively to those unlawful Designs which if proved they are Criminals of another nature and if it cannot be proved they ought not so to suffer as if they were what they are not My third Argument is taken from the Consideration of the Persons and of the Facts 1. They are Protestants if you believe me not try them 2. They meet for Religious Exercises and holy Ordinances not for Sedition or Rebellion or to move any Insurrections if the contrary can be proved I 'll grieve and pray but never plead for them But both the one and the other is evident that which is sworn against them is neither Sedition c. but Preaching as was said before Hence I form my Argument It is not good but evil to use Dissenting Protestants worse than ever Papists have been used But to execute those Laws upon Dissenting Protestants neither for Rebellion nor moving Insurrections is to use them worse than ever Papists have been used Therefore it is not good to execute the Laws upon them It is to be more rigorous towards our Brethren and such as agree in one and the same King same Laws same Worship as to the substance of Christ's Ordinances and are willing to unite than you are towards Men that own another Supremacy King and Bishops are idolatrous in their Worship and are for rooting us out and not taking us in without hazard of the Truth of Christ and Hypocrisy and Eternal Life To punish Dissenters for preaching and other Exercises of Religion because to such Numbers and not in such an uniform manner is to punish them for Religion If Religion be the Cloak and Rebellion or Sedition be the Mischiefs to be concealed and conveyed under it then Religion is but a pretence and that cannot excuse them from suffering which doth highly aggravate the Sin But if neither be inferred from their Principles nor infused into their Exercises then there is no danger to the King in his Life Prerogative nor Authority If neither hath been found in any of them it is not justly imputable to them and then if their Preaching and Prayer be the Fact for which they suffer they suffer for that which no Papist ever suffered for alone For the clearing of this and proving of it I will distinguish Punishments into Capital and Pecuniary or Real No Papist whether Priest or Lay-man ever suffered Death in England for Religion but for Treason and their fore-acted Conspiracies and Treasons constrained Queen Elizabeth and King James to make Laws for their own preservation This is proved by King James Vid. Torturam Torti per. Ep. Cicestriensem Bp Andrews p. 145 146 147. and all our Protestant Writers against the Papists I need not quote particulars This is particularly proved in a peculiar Treatise penned by the direction of the Lord Treasurer Burleigh as the learned Publisher of the Collection of several Treatises The Execution of Justice in England not for Religion but for Treason tells us in his Epistle concerning the Reasons and Occasions of the * Reprinted at London 1675. Penal Laws And what is there proved is acknowledged by the Secular Priests 1601 in their Important Considerations But if our Nonconformists should be prosecuted upon the 35th of Eliz. if they will not conform upon their three months Imprisonment they must abjure the Realm and if they go not away or
return without the King's Leave it is Felony and that is Capital And if it be for Nonconformity it goes under the name of Conscience and for Religion without any guilt or proof of Sedition or Treason and so they will suffer for Religion and for no other but the Protestant Religion what Papists never did but for Treason And the Queen past over many justifiable occasions of an earlier severity The Supremacy of the Pope was a tender point of lealousy and a trial of the Queen's Patience but she was not kindled by it but suffered many that were in that point for the Pope and against Her to enjoy their Estates and Honourable Liberty with Men of as great Quality as themselves or in their own Houses Dr. Heath Arch-Bishop of York and Chancellor to Queen Mary enjoyed his Estate and Liberty in his own House till his Death Dr. Poole Bishop of Canterbury Dr. Tonstal of Duresm Dr. White of Winchester Dr. Oglethorp of Carlisle Dr. Thirlby of Ely Dr. Watson of Lincoln were not pressed with any Capital Pain tho they maintained the Pope's Authority against the Laws of the Realm and some Abbots Important Considerations p. 54. c. as you may see it in the aforesaid Collection 1st Treat p. 10 11. and acknowleded by the Secular Priests while her Majesty and the State dealt with the Catholicks as you have heard which was full eleven years no one Catholick being called in question of his Life for his Conscience all that time Consider how some of our Profession proceeded with them Her Highness had scarcely felt the Crown warm upon her Head but it was challenged from her by some of her Neighbours as Mr. Saunders noteth c. p. 55. Let us pass from Capital to Pecuniary Mulcts and compare them Of all the Laws against Popish Recusants none seems more to punish them for Religion than their not coming to Church and their saying or being present at Mass and the Fines imposed for those Acts of theirs The Forfeiture upon him that saith Mass is 200 Marks Anno. 23d Eliz. c. 1. and a Years Imprisonment upon him that willingly heareth Mass 100 Marks and Imprisonment for a Year for not reparing to Common-Prayer 20 l. every Month and forbearing to come within twelve Months shall be bound in a Bond of 200 l. to the good Behaviour But besides the Idolatry of the Mass these Laws do not proceed against the Mass as an idolatrous Worship * Nemini potest esse obscurum Leges quae feruntur mulctas quae dicuntur hic apud nos in Recusantes ferri dici non Religionis causâ merae sed mixtae mixtae cum malâ Mente Fide in Principem nec nisi in Recusantes Bullatos Tor. Tor. p. 132 133. and as it is Religion but as there is Treason against the Government in that Worship For the Mass is celebrated by a Priest and a Priest receives his Ordination from the Church of Rome and is a Subject to the Pope's Supremacy acknowledges his Jurisdiction and denies the King 's in Ecclesiastical Affairs There never was any Treason without a Priest in it nor Mass with out a Priest says Bp Calton The very Form of Submission enjoyned to all them that conform to our Laws and come to Common-Prayer doth evidence this Truth And to acknowledg and testify in my Conscience that the Bishop or See of Rome hath not * 35th Eliz. c. 2. nor ought to have any Power or Authority over Her Majesty or within any of Her Majesties Realms and Dominions c. But our Nonconformists will willingly renonunce the Papal Jurisdiction and own the King's Supremacy and refuse not the Oaths of Allegiance and Supremacy which the Puritans of former times refused not but took Vid. Bp Andr. Tortur Tort. p. 110. 379. Profitentur subscribunt jurant indies Mr. Baxter professeth in the name of the Nonconformists The Article of Religion for the Power of Kings and Obedience of Subjects we need not transcribe but do consent to it so we do to the Canons which require the Oaths of Allegiance and Supremacy and answerable Obedience to all the Homilies against Rebellion and for Obedience and all that ever we found to be for this the publick Doctrine of the Church Mr. Baxt. 2d Plea for the N. C. p. 86. s 10. Their Worship is pure but in the sence of Laws defective as not being with or according to the Liturgy And what manner of Protestants they are let their publick Confessions their private Writings and their Morning-Exercises against Popery testify Which of all the 1800 or 2000 Ministers cast out Barthol 1662 was ever found or suspected to be in any Conspiracy against the King or Government how ill soever they have bin used There are a reviling sort of Rake-hell Scriblers that they may find but a Brand or a Coal to smutch any of them with that transgress the Act of Oblivion which the Royal Party did need as well as the other side for all they did without lawful Commissions But since the days of the Flood of Confusions and Miseries which of them all is guilty I write this for the honour of our Common Profession and for the Glory of God therein And yet bring them to account upon the Five Mile Act and how many Forty Pounds and upon the Act against Conventicles then Twenty pounds for every Sermon by the Preacher and Twenty pounds the Master of the House for every Sermon the first time and Forty pounds the second and afterwards for every such Offence Forty pounds c. How highly will two Sermons a day amount and five shillings a time to every Hearer c. And it is enacted that the Law be consirued most largely and beneficially for the suppression of them Our Justices have need of Mercy and for encouragement to the unskilful Justice no advantage shall be taken for any default in any Form or Proceedings The Law by this security and indempuity hath been very merciful to many Justices not trained up in the Formalities of the Law by way of recompence let them be the more merciful to the many honest Offenders that worship God in Christ with their best Judgment or upon involuntary Mistakes My last positive Argument shall be this and I appeal to any Man of discerning whether upon the first hearing of it he be not taken with it if not overcome It is not good no Man can say it is good to exeute the Laws with a like heavy hand upon all and every Offender without making a difference betwen one Man and another between one Offence and another There may be a considerable difference between one Preacher and another one Hearer and another one place and one time and another But the Penalty sweeps all before it Obj. The Law makes them all alike therefore the Executioner must act by the Law the Ballance is out of and not in his hand Answ True but how still upon supposition of
the evil Intention or what was the cause or Reason of the Law and then I confess the Punishment is but moderate upon the least and weakest Infuser of Rebellion or mover of Insurrection Justice is impartial but never so impartial as not to examine Circumstances which make an alteration or difference between Things and Persons Crimes have their Mitigations as well as Aggravations and Judges will weigh them before they proceed to Sentence and temper Judgment with Mercy it moves a compassionate just Judg to pronounce a deserved Sentence The Justices are to require the Execution of these Penal Laws but with no distinction and no more Mercy than the hungry Informer who perhaps hath wasted his small Fortune in a sinful way and acts upon no better Principle than Covetousness and Anger against Religion which he never loved so well as to practise nor ever learned so far as the Church-Catechism Must a Loyal Learned Laborious Preacher that preacheth the greatest Truths of the Gospel and preacheth Holiness and Peace with the greatest Fervour that never taught any Defection but from the Prince of Darkness and the Law in the Members that perswades Men to be reconciled to God to take Christ's Yoke to learn of him which whosoever doth deserveth the esteem of the best of Men Must such a Preacher pay so dearly for spending his Days and Strength and Pains to do good to Souls to mend an evil World and no Consideration had either to his Merits Soundness of Judgment Holiness of Life Peaceableness of Behaviour but he must suffer as if he was a dangerous Novice a Corrupter of Manners and a Sower of Tares No respect to his Gray Hairs the chargeableness of a diseased Body to the many chargeable Removes he hath made to the Dependence of a Family for Subsistence c No Commiseration to the poor and needy Is there no allowance for a Man to preach where multitudes of Souls do perish for want of Knowledg and others hunger for the Word and have none to guide them but perhaps one that cannot guide himself What if a man spends his Pains in a place where there are many Parishes that consist of many Hamlets and all cannot that would come to Church especially in Winter-time What if a good Man preach in a Parish where are many that cannot hear in one Place What if a Man take Pains in a place where to many Churches there is not maintainance for one Minister to live like a studious and a sober Man such as no Man will accept but the young and unexperienced in hopes of a better in time yet shall there be no regard had to these or many more Circumstances that make the Labours of good Men necessary and profitable But it is hard when that which deserveth Thanks and Encouragement shall be rewarded with ruine to a Mans Estate to a Mans Health and Life and be baited by Reproaches as he goes to the Justice or as he is sent to his Prison so was good Mr. Joseph Allen used I have staid a great while upon the Positive before I am come to one step of the Comparative But if I have laid that ground-work well my Comparative will rise apace and stand firm For my clearer Procedure I will lay the Comparative between two 1. Compare the Good you aim at by the Execution of the Laws with the Good of forbearance of that Execution 2. The supposed Evil of the forbearance with the real Evil of the Execution First The Good you aim at by the Execution of the Laws may I think be reduced to these Heads expressed in the Acts of Parliament for you cannot aim at any Good by the Execution but that which was aimed at by the Laws which you execute I will name them particularly First for the preventing and avoiding of such Inconveniences and Perils as might happen and grow by the wicked and dangerous Practises of seditious Sectaries and Disloyal Persons by setling in Corporations thereby taking occasion to distil the poisonous Principles of Schism and Rebellion Act XVII Ch. II. Nonconformists restrained from inhabiting Corporations An. Car. H. 22. c. 1. to the danger of the Church and Kingdom For providing speedy Remedies against growing and dangerous Practises of Seditious Sectaries c. contrive Insurrections as was said before These are the Benefits you aim at if you aim according to the Law Compare the Histories of the times with the Laws and you will find that the Nonconformist Divines who pleaded for the Discipline were not so branded such as Mr. Cartwright and others of his way But besides the Papists Vid. Cambden Annales Eliz. Anno 1591. which that Law strikes at also before that Law was made Hacket Arthington and Copinger had shewed themselves and what were they but brainsick mad ranting Phanaticks and Blasphemers And after the Law was made who were taken and punished as Mr. Cambden observes but Barrow and Perry and what did they suffer for Annales An. 1593. but for Seditious Books Barrow and his Sectaries did sow monstrous Opinions condemned the Church did derogate from the Queen's Authority in Ecclesiastical Matters And what dangers the Queen and State were in Thankful Remembrance of God's Mercies c. 13. from the Papists at that time may be seen both in Mr. Cambden and the Reverend Bp Carleton both from publick Enemies secret Conspiracies Dr. Lopez the Sir George Wakeman of those days being then Physician to the Queen's Family was to poison the Queen Protestant Princes should beware of Jewish and Popish Physicians But Lopez ended his days at Tyburn What Poison our Nonconformists did infuse into Corporations or what Insurrections they moved I do not hear nor read of any Insurrection but in the North by some of the discontented Army when frustrated of their Hopes and of Venner and that desperate Company Another Plot I have some where read of of Green and other Phanaticks blown up and incensed by the Jesuites to take away the King and burn the City when those deluded Men were engaged The Story touched by Sir H. C. in his Speech October 26th 1680. the Jesuits gave them the slip and left them the Halter April 1666. But which of all the Nonconformist Preachers was in any of those Designs There is a difference between the time of making and of executing the Laws suppose that there was apparent danger suppose it which is more than I or others know then from Nonconformists yet if now we have the Experience of almost twenty Years of their Loyalty and Peaceableness why should the Laws made against them that may be Trangressors be executed upon them that are not Transgressors The Law is to prevent a Fact but the Execution follows it The Law may proceed upon Supposition and suspect such a thing may be but the Execution goes upon proof that such a thing there was If such an Evil. cannot be proved why should the Penalties be imposed Now they who are urgent for the
Execution must hold This that it is better for the King his Kingdoms and the Church to punish the Nonconformists according to Law than to spare them How vain and unreasonable a Proposition and Judgment is this when we do plainly see the King and Kingdom and Church are safe from any Conspiracies or ill Designs or poisonous Infusions from any of them Certainly if any City or Corporation be in danger it is London but to God's Glory be it acknowledged none of their Preachers have proved seditious What a convincing Proof did London give of their Loyalty and Valour in that furious and astonishing Insurrection of Venner in the City Were not the Dissenters then in Arms and were not their Numbers great How easy had it been for them to attempt at least any ill Design but as their Loyalty took up Arms so their Loyalty laid them down And let some say what they can are there any Men more severe than Dissenters in point of Ceremony against Heretical Blasphemers and unruly Sects not only as differing from their Models and particular Humours but as contrary to the Fundamental Principles of Religion and Government The severity of New England and other Places are Proofs beyond denial of this Observation There is not a wise Man but must maintain Government and submit to that he lives under as far as he can without Sin and Distraction is an unfit means to a Reformation Except a Man could certainly foretel who shall conquer it is madness in any Man or Men to move a War and by Sedition to get into the Throne and set up himself and his own way When the Nonconformists are fallen mad let them be used as such but while there is any Wisdom in them or these prevailing Principles of Religion and Obedience their Enemies may bely them and labour to make the malicious swallow as gross things as Transubstantiation things against their senses but they will confute them by their Patience But suppose them to be overstored and set with the Seeds of Rebellion and Sedition what is Sedition but the * Seditio est publicae Pacis Perturbatio Calvin Lexcion Juridicum disturbance of the publick Peace as it is defined by the Lawyers Now either they can command and restrain those ill Inclinations if so they are wise and quiet or they cannot then they are rash and stomachful Is it not therefore better to let them be quiet while they are so than provoke them by Mulcts and Ruine to make Insurrections especially at such a time when we have Enemies in our very Bowels that can take the advantage of a Diversion The State can get nothing by the best effect of troubling of them but Peace and that is had without troubling of them It is better to forbear a needless Trouble than to make it But secondly It may be thought better for the Church to execute the Laws upon them than forbear them and therefore it will be better for the State For the proof of this there is one end proposed by the Law in reference to the Church To prevent or cure the mischief of Schism It is but vain to talk of preventing Schism the Seed of that was scattered before and took Root the thing now to be desired is the Cure of the Distraction or Schism The Method of curing is by an effectual Application of Law and Power of which Application there are but two things to be looked for 1. A gaining of the Dissenters to the Church and that is Union A happy Effect if it can be produced 2. The second Benefit will be a Reduction of them to their stinted Numbers of Four besides the Houshold you can never suppress them by this Execution for the Law hath provided against a total Suppression of them by a tacit allowance of different Worship to such a Number I pass over one Advantage which may be aimed at It will drive some out of Corporations and further from their former Parishes or places of Residence for this is but inconsiderable For first many have taken the Oath and explained their sense they may stay and for them who have not they may exchange with others and you are but where you were except the putting of them to a new and greater Charge which is not merciful except you propose a publick Good Besides Corporations can choose Parliament-Men without their Influence or Direction if that be of any Consideration To the first of these two I observe your Proposition is this It is better to gain and unite the Nonconformist Dissenters to the Church than to permit them to meet as they do That 's granted you in the general but come to the way and means and assume this But the severe Execution of the Laws upon them will bring them in and unite them therefore dictum factum But do you think so in earnest You may as well say that Informers were ordained to convert Souls to reclaim straying Schismaticks and that there is more Power in Law and Justice than in Law and Grace But first How many Anabaptists and Quakers have been converted by Excommunications Imprisonments and Fines 2. You may restrain many from going to Conventicles that 's certain but what 's the Church the better for that They go not to Conventicles but may they not stay at home wander abroad and do as thousands of our miserable Persons do that come to the Font by Baptism but not near the Pulpit and the Communion-Table But suppose these Conventiclers will be better than thousands and come to Church then either they are convinced and change their Judgments or retain their Judgments and still hold Schismatical Opinions How can you expect to change their Judgments or gain their Affections by punishing or threatning The greatest Good you can propose to them is to bring them to Parish-Preachers But what if either want of Preaching or want of good profitable intelligible Preaching was the cause of their going to them they liked better and got spiritual Good by Indeed if you could engage to them that if they forsake their Preachers you will provide holy profitable and painful Preachers in all places which you can never do then you might gain them but if they come to our Churches against their Judgments then you convert the Schismatick into a Hypocrite or Atheist and to serve God because it is the Religion of the Country And what will the Church be the better for such Alas we have more of such already than we know what to do with 3. Is it probable you will ever gain such to an Uniformity that have been many Years settled in their Dissatisfactions and from the first day of their Ejection reckoned what it would cost them and since these Additional Acts have been made are as resolute as ever and that are so convinced it is their Duty to preach and hear and worship God in the way they have chosen that they look for a Reward in Heaven Is it likely that they