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
places and perform their Oaths and they hope God will not judg them as Sinners for doing their Duty according to their Oaths and that the Kingdom of God may come tho there were not one Nonconformist left among us Noble Gentlemen An Oath is sacred and the wilful Violation of it a dreadful Sin provoking the Divine Displeasure The case is hard and really worthy of serious Thoughts For that learned and able found Men tho Nonconformists ought not to be punished but on the contrary protected permitted if not encouraged should be granted without any Disputation The Accusation of Rebellion beginning the Wars their Cantings and Tones and Fanaticism are really the Abuses of ill-tempered Men and of factious and narrow Spirits Wise sober just and charitable Divines and Christians that know their own defects what weak Instruments God hath used in his Church for greatest Services and what Temptations attend their Callings and how great a disadvantage to them and hindrance to their Learning and Proficiency their necessities forcing them to sell their Studies their many Removes Troubles in their Families have brought upon them will think and speak otherwise of them and God hath born Witness to many of them and given them Gifts not inferiour to those that despise and expose them rather like Poets and Painters than wise impartial Judges or Witnesses or Men of Charity Men in Power should look before they strike lest they pluck up any one of those Plants which the Heavenly Father hath planted and strike the Apple of his Eye And on the other hand it seems hard to censure Magistrates for executing the Laws which seems to be a Duty For satisfaction of this great Doubt I do with all just Honour to Magistrates and Respect to their Consciences and Comforts humbly offer something 1. It is clear and certain That no Justice of the Peace is bound by his Oath or Place to promote the Disturbance or Sufferings of the Nonconformists If any say They cannot see the Laws broken true by Routs and riotous Meetings that violate the Peace It is a Fancy and an imaginary Fear to say We do not know what Mischief may be in the Meetings of many hundreds or fewer There are thousands meet at Fairs and Markets and too many are drunk and disorderly and what fear is there of their Meetings what disturbance to the Peace What need of the Militia to keep them quiet or to prevent Insurrections What Peril is there in the Meetings of Ministers and Christians of all Sexes and Ages unarmed and innocent It is hard to think they cannot preach and pray and sing Psalms but they must then speak Treason move Rebellion that in their civil Conversation are as peaceable as other Men and careful of Words and Actions much less is it their Duty to imploy or encourage Men of ill Fame and broken Fortunes to be Witnesses against them even such as are not fit to follow their Dogs or rub their Horses have been the most forward in informing 2. When Information is brought before them this is also certain that except it be proved by better Testimony than what is usually given that such a Meeting was only upon pretence of Religion but there was no such Religious Exercise but on the contrary false seditious rebellious Doctrine was preached or the People were stirred up to Disobedience the Testimony doth not reach the end or matter of the Act and by Consequence the Justice is not bound to take notice of it If he upon such an Information that such a Man preached to such a Number in such a place and such a time shall issue forth his Warrants then he punisheth Religious Exercises absolutely and not respective to the ill Designs of Rebellion and the like I do conceive except the Proof be that such a Minister or Preacher did move to Sedition or Rebellion or other Ends forbidden a Justice is not bound by his Office to punish them if upon the common Information that is given that such a Man preached and such were present and no such Words tending to Rebellion proved or offered to be proved Then I beseech you consider whether upon pretence of preventing or punishing Seditious Meetings you really exercise your Power to obstruct discourage or punish peaceable and good Subjects for Religious Exercises And so as it is a horrid Wickedness in any Man upon pretence of Religious Duties to carry ill Designs against the Government so what is it to pretend ill Deligns where there are no such things as much as implied in any Discourses and to punish Men for Religious Exercises 3. It is certain a Justice may enquire and try the fitness of the Witnesses whether they be idoneous boni legales Homines they should be Men of Knowledg and Understanding of Probity and Truth and of Estates Men that know what they can attest punctual as to words spoken and the true sense and scope of them and Witnesses that will not lye that know what it is to swear and that fear a Lye and the common Sin of Perjury If a Mans word cannot be taken his Oath may be refused especially in a matter wherein his own Gain is the prime motive to his Testimony and swearing In such a Case it is great Charity in the Magistrate to dehort the Informer from his swearing ignorantly rashly or falsly and he cannot without great suspicion of Sin if not plain Sin forwardly take the Testimony upon Oath of ignorant ungodly and scandalous Informers I never yet knew or heard of any other sort of Men that gave Testimony against the Nonconformists as may appear in due time 4. It is certain no Justice is bound by Oath to misapply the Laws either without respect to the scope of them or the Persons upon whom they are executed I have taken notice of this in the fore-going Discourse I am now more confirmed that the Act of the 35th of Elizabeth was a two-edged Act but made and pointed more directly against the Papists than any other In that Parliament Sir Tho. Edgerton Lord Keeper Sir Rob. Cecil Secretary of State Sir John Woolley Sir John Fortescue did all declare or confirm That the occasion of that Parliament was the cause of Religion the Maintenance thereof the Preservation of Her Majesties Person and the Good of the Realm Mark I beseech you The Enemy of these is the King of Spain and the Pope the Antichrist of Rome said Sir Rob Cecil ☜ Mr. Townshend's Historical Collections of the 4th Parl. of Queen Elizabeth An. 1593. Eliz. 35th p. 58 59. From the holy League and the Papists the holy League of the Guisians to root out the Protestants in France said Sir John Wolley They that spake before me spake sufficiently of the Authors of our Troubles said Sir John Fortescue I did look with great Expectation for some full Discoveries of fears and dangers from the Puritans in those Days but could not find a word concerning any but the Brownists which were
Banishment to Abjuration How will it sound in that Day I was in Prison and ye committed me I was banished and ye banished me I was impoverished and ye impoverished me what ye did to the Preachers whom I sent yet did to me When you shall be judged what will you plead or how can you pray Thy Kingdom come and obstruct the coming of it to any People in any place in the Land If there be nothing in what I humbly offer reject it if there be any Conviction in any thing be pleased to consider of it Philagathus THE Conformist's second Plea FOR THE NON-CONFORMISTS IT must be confessed that there is some turpitude in all Apologies either imputed or committed To Preface a Book with an Apology when the matter is good is to put a foul face upon a good matter but then it is a foul face only in some Men's Eyes which are diseased and will appear if not beautiful yet tolerably handsom to the eye of them that look for nothing perfect and free from humane frailty and that make daily use of a Towel and fair Water themselves Plead for my self I must and I shall make some requests with my Pleas that so if I may not come off without guilt and blame I may come off with my Pardon I did not think the Reverend Non-Conformists so few or weak as to need an Advocate in some things of another Judgment and so far of the other side for as they are most sensible of their own condition so they can both rationally and pathetically open and plead their own Cause and in my mind they have said a great deal to purpose if after all it will be to purpose I am sure had I been one of them I could not have said for them what they have done But knowing how ill they are represented I was resolved in what I could to do them right and therein to express my Compassion proportionable to my Religion which as such is not confined but Catholick and if my Charity and Compassion must extend to all that call on the Name of the Lord Jesus I am certain I must shew it to them whom I take to be sound in Faith and Worship and whom I have known and heard and by whose Works I may profit if I have not My request to them is that they would believe there are many in the Church of England that wish an Union they with us and we with them and it must needs be so in all them that are animated by the same Holy-Spirit of Truth Faith and Love I do also beg their pardon that I have pleaded for them with no more Life and Strength I do understand and I easily believe that many of the Reverend Conforming Church-Men are offended that a Conformist should plead for the Non-Conformists It hath seemed to some almost incredible and to look like a Cheat or a Jesuit in Masquerade I am glad I am not to be tried by Judges of that Complexion by whom I am condemned at the very first sight of the Title Page and that it hath found Approbation from them whom I take to be of a better Temper Before I plead I do humbly beg their Pardon and Excuse who have been dishonoured by the Suspicion of being the Authors of the Plea for the Non-Conformists by my concealment of my Name It hath been a greater Honour to me than I ever expected or thought of that it hath passed under some very Reverend Names but it is a Dishonour to them to be counted the Fathers of such a Birth which represents neither their Strength nor Statures neither Feature nor Speech These worthy Men may vindicate themselves with one Negative but I cannot undeceive the Inquirers without running upon considerable Trouble and Temptations I perceive the Injury is so common that I cannot without a greater distrust their Pardoning Ingenuity Having said this I next put in my Apology That Book was fitly called the Conformists Plea because it becomes the Conformist to read and weigh the Case and having done so to be righteous and compassionare to be a good Instrument between his Mother and his Brethren at such a time when ill Agents pass between them and because the greatest Authorities he hath used have been eminent Fathers or Sons of the Church of England Why should it seem strange to any Man in such an Age as this when many that seem Enemies to Popery yet plead for Papists Why should it seem strange that one should labour to prepare the Hearts of Men of the same Faith to meet or to receive Dissenting Protestants into Church-Communion with them by opening the hardness of their Case the Worthiness of their Persons and of their Ministerial Abilities Soundness of their Faith Exemplary Morals peaceable Demeanour c. Why should it offend any Man that I should open their Case and testify for them when we all that have any sense bewail our Divisions and from thence fore-tell our Destruction and profess a desire of Union tho upon different Terms How many in the Land do declaim against their Principles and Practises and are ready to raise a Wind if it were in their Power to carry them away that know neither the Men nor their declared Principles Is it not necessary first to remove Prejudices and next to beget good Thoughts of them in all that through unacquaintance with them or Disaffection towards them before ever we can either desire or admit an Union with them It is a good preparation for an intire affectionate Closure to shew how near they come to us what Abatements other great and excellent Men would have made had they had the management of Church-Affairs in our Days and what Concessions they formerly thought fit to make and more especally in a time when the great Counsellours and Trustees of our Peace and Liberties have unanimously voted for a Legal Union or that which is to some a hateful Word Comprehension It is most unlike a Minister of Christ and a Member of a Christian Reformed Church to kick and spurn at Protestant Brethren that would gladly come into the Arms of a Legal Constitution upon no other terms and by no other ways than such as Wisdom shall find out and the Government resolve upon for the Honour of Christ and his Religion and the safety of the Church In vain do we use the names of Unity and Peace and Uniformity and yet at the same time in the same Discourses revile and bear false witness against our Brethren To commend Peace and dislike fair Proposals is flatly to hate Peace to commend Peace and with Tongues and Pens to persecute them with whom the Peace is to be made is a Method for Peace which I never learned To invite Men to my House and keep the Doors shut as against Thieves and Contentious Persons that will never be quiet or that are not fit to be trusted in it is such a kind of Civility and Complement that can never
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
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
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
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
preach as we do they suffer for those Religious Exercises therefore for Religion and Well-doing but supposing them imperfect for want of the Common-Prayer yet so far as they are religious they are good Obj. But they are looked upon as suspitious Persons because they subscribed not c. to the Act of Uniformity in the Oxford Act. Answ True but two things are considerble 1. Many took off that Suspition by subscribing that Declaration yet that will not excuse them if they preach to above Four 2. Their not subscribing and declaring according to the Act of Uniformity makes the cause of their Suffering doubtful The Law calls them to conform upon such Conditions of subscribing and declaring Their Consciences after the most diligent search into all things required command them upon peril of sinning against God to forbear They may be deceived and why may not fallible Imposers be deceived say they if they suffer for not sinning against God and Conscience If they suffer for performing Religious Exercises according to the general Rules of the Gospel and their own Consciences as well informed as they can inform themselves they suffer for Religion altho they that exact and execute Punishments think they suffer for Omissions and Obstinaces in those Omissions They suffer for Omission of humane Constitutions which they hold not Divine and perform Duties which they hold to be Divine The case is as clear to them to be unlawful as it is clear to them that command them to be lawful therefore the Case hangs in doubt If they that refuse to conform refuse upon peril of temporal Losses they who inflict them do inflict them upon peril of sinning also He that suffers for doing what is confessedly Religious and forbears what is dubious or sinful in appearance is on the safer side than he that punisheth for undoubted religious necessary Duties only for the Omission of unnecessary things Obj. But holding their Meetings to above Four and in publick is seditious in the eye of the Law and they suffer for that and not for their Religion Answ Indeed that seems to be the only criminal Circumstance But why shall this alter the Case which is far better and more satisfactory to Magistrates and the Church than their retiring into allowed private Houses and the stinted Number But this doth not make Religious Exercises to be no Religious Exercises except it infuse poisonous Principles into a Multitude which is not known and cannot be proved it is Religion and not a Riot that is really punished Now granting this to be a forbidden Circumstance compare it with the many Circumstances that make it the more allowable and then shall Religious Exercises necessary to be observed profitable to many be therefore unpardonable because of one Circumstance This I humbly refer to Consideration before the Magistrate strike with the heavy hand of the Law Make the most that can be of the Fact Here 's Religious Service performed without Ceremony and Form there 's the defect here 's a Religious Exercise to a supernumerary Company that 's the excess But to this let us compare the nature of the Exercises unquestionably Divine The Institutor is Christ our Lord the Ordinances are necessary the manner of Performance according to the general Rules of Christ highly beneficial and tending to publick Good and eternal Life yet for the want of a Circumstance or two made necessary by a mutable Law the Observers of them shall be punished as Evil doers Are not Humane Constitutions subject to the Providences of God the Supream Governour whose Dominion is especially to be owned in all Christian Kingdoms Suppose then by the over ruling Providences of God there are Alterations made in the Affairs of the Kingdom which make that which is a Divine Ordinance become a necessary Duty to Men prohibited by temporal Laws whether Governours of Chrstian States should not observe them and make their Laws stoop to the Divine Will The Defenders of the Church argue It is more reasonable the Dissenters should yield to the Bishops than the Bishops to them so say I It is more reasonable and decent that Humane Laws should yield to the Divine Pleasure than the Work of God be stopt by Humane Laws The true State of this as far as I can perceive lies before us thus First The preaching of the Gospel is an indispensible good Duty Secondly They who are fitted called and devoted to God are bound to preach it Thirdly Some that are happily fitted for it become suspicious to some in Power Fourthly By long Experience and Process of time they cannot be charged with such Crimes as are of ill Operation to the State Fifthly These Men are ready to give such security to the State as the Generality of unquestionable Subjects give and to take away all just cause of Jealousy and Mistrust Sixthly They are qualified by Christ and must give an account to him they are called and invited to discharge their Duties as Preachers 1. Their Conscience puts them in mind of their Vows as Persons devoted to Christ to serve him upon his Conditions 2. The cry of Souls calls them that either want or want such as can and will do them good this is the plain case in multitudes of Places 3. God unexpectedly opens a door for them by Fire and Plague and other providences 4. Calm Proceedings of Magistrates and the Inclination of Law givers give them Encouragement 5. Their Zeal for God answers this Call 6. God gives them his Blessing followeth them with success which is a sign of his Approbation which he never gave to Evil-doing And shall this be punished by Christians as Evil-doing This is to act contrary to God to punish them whom God approves There is a Humane Law stands in their way revoked in Voto by them that made it shall the observance of that Law suspend the Administration of Ordinances in themselves good well performed in the general manner where there is great need and to good Ends without dangerous Effects or Consequences to them that once did forbid them Preaching and Praying are good Duties but the Nonconformists Preaching and Praying tho good in Substance is not good because of ill Circumstances say some Now then the Opposition here is not between their Preaching and Praying and ours but between their Circumstances and ours we according to Legal Constitutions they not according to them But as hath been argued there is but one Circumstance that is faulty the want of Common-Prayer and Ceremonies makes not their Preaching faulty for the Law that enjoyned them did not brand their Preaching and Praying without them as Evil-doing the Evil attending their Preaching are the ill Designs and Ends which they never drove at it is good if free from them it is ill it seems because to too many Hearers Here 's one Circumstance or want of one Condition To this one oppose all the Circumstances if you call them so and they are more and greater for them than this
and hidden Traitors More particularly many of them have deserved well from the Church and State which in humane Probability had never been restored but for their Loyalty Religion and Conscience This made the most Renowned Sir Matthew Hale say whose sence may be as soon taken as most Men's alive for his Wisdom Loyalty Integrity and Impartiality in all Acts of Judgment Many of the Nonconformists had merited highly in the business of the King's Restauration and at least deserved Dr. Burnet ' s Life of Sir M. Hale p. 65 66. large Octavo that the Terms of Conformity should not be made stricter than they were before the War Yea to advance as high as I can in an unquestionable Authority His Majesty in his Gracious Declaration about Ecclesiastical Affairs said pag. 5. That while he was in Holland he was attended by many Grave and Learned Ministers from hence who were looked upon as the most able and principal Assertors of the Presbyterian Opinions and to Our great Satisfaction and Comfort found them Persons full of Affection to Us of Zeal for the Peace of the Church and State and neither Enemies to Episcopacy or Liturgy but modestly to desire such Alterations in either as without shaking Foundations might best allay present Distempers And in his Gracious Speech to the Lords July 27. 1660 to hasten the passing the Act of Oblivion My Lords if you do not joyn with Me in extinguishing this Fear which keeps the hearts of Men apprehensive of Safety and Security You keep Me from performing My Promise which if I had not made I am perswaded neither You nor I had been now here I pray let Us not deceive those who Brought or Permitted Us to come together The greatest Charge against them is That they are Separatists and Schismaticks Besides that this remains in debate between the Accusers and Accused Suppose them to be so Yet 1. The very Independents I mean the chief of them besides what they have declared in the above quoted Declaration of their Faith at the Savoy to be neither Brownists nor Donatists Besides many Passages in Dr. Owen's Books Mr. Nye hath declared himself Case of great and present use Lond. 1677. 35th Serm. on the Ephesians p. 477 fol. as to our National and Parochial Ministry and hearing us preach and Dr. Good lays down the Opinions of Brown and Donatist and saith And against these I for my part and many of my Brethren profess that they are in an Error c. The Turbulency of Brown's own Spirit ran him into many Oppositions and Troubles but he the greatest Schismatick of those days enjoyed his good Parsonage while he lived The first Emperor that made Laws against the Donatists was Theodosius but they were not punished for their Schism the greatest in the World as such but the occasion of the Penal Laws against them Augustin Bonifacio Ep l. 2. Epist 50. was their barbarous abuse and beating of Bishop Maximinian almost to Death tearing of his Altar c. and other insufferable Violences and Furies The Riots and Murders committed by them and the Circumcellions the same Faction was the cause of Severity against them But how far are our Nonconformists from breaking Peace offering Violence or any rude Incivilities by Word or Deed is apparent to all that are not given to wrong them or to take pardonable things too ill from them Lastly The Causes of their Sufferings have been spoken of before to be neither Heresy Sedition nor Rebellion The very Light of Nature seems to abhor punishing the Religious and Just therefore the Heathen Persecutors have falsly imputed horrid Crimes to holy Christians from which they are clearly vindicated in the Apologies of the Fathers The Arrians were Calumniators of the Orthodox and so are the Papists and unpeaceable Lutherans But we that live together should know one another better and be both just and modest The Papists damn us as Hereticks therefore curse and persecute the immoderate Lutherans charge the Calvinists with the denial of Gods Omnipotency Communication of Properties and many other Heresies and Blasphemies But what Heresy can we charge upon the Nonconformists Had Antiquity left us such Confessions and Explications of Faith such Treatises in Divinity Expositions of Scripture Defences of Religion we should have honoured them as much as now many dispise them they are full and firm in their learned and rational Opposition to Popery in all the parts of it And let us observe how we reckon some in former Ages as ours who came short of them and yet we must eject them and multiply Sufferings upon them as none of ours we reckon John Wicliff Jerom of Prague Husse and those plain and heroick Confessors the Waldenses and Albigenses Bohemians c. ours they are in our Martyrologies and among our Witnesses for the Truth in the dark times when nothing was almost visible but Popery Shall we account them Martyrs when the Papists had more colour for their Persecutions and bloody Usages of them considering the Principles of the Papists and the Opposition of those Martyrs than we have for loading our Brethren with Punishment upon Punishment considering the Principles of our Religion and the Quality of the Nonconformists both as to Religion yea and as to the Separation it self For surely the Separation of those Worthies from Rome as Babylon and the seat of Antichrist and a mortally infected Church was a greater provocation of the Roman Powers against them than a peaceable dissent from a Church acknowledged truly Christian only for some scrupled unnecessary things indifferent we say therefore may be spared sinful say they therefore cannot be assented to and some private Doctrines besides c. That which comes nearest our unhappy Case is the Interim that Book that was urged by Charles the V upon the reformed Churches in Germany requiring the Observation of Popish Ceremonies as indifferent things for a time until a General Council should be called What Divisions did it cause among the Princes and their Divines among the Divines differing one from another What woful Dispersions and Miseries attended the refusal of it are at large related by Sleidan in his Commentaries Sleidan p. 20 21. This Book contained Popish Doctrines which the Protestants rejected but the things that divided them were the Adiaphora or media Ceremonies and indifferent things which many refused and suffered to very great Extremities But he who terrified them and persecuted them was a great Emperor and a Papist and the Arguments used against it were because it was not consonant to Scriptures and went against their Conscience and Light received After this the Adversary the Devil stirred up another Controversy attended with a dreadful Division and Persecution to the desolation of Churches and Schools John Brentius invented the notion of Ubiquity of Christ's Body and propagated it by the Apostle of Ubiquity Jacobus Andreas but they gave it a pompous Title of the Majestick Communication of the Divinity and Divine Properties
proceeds to the Punishments and that perhaps for doing the best Duties and some of the best Works they can do then he punisheth Men for well-doing 5. He must be a merciful Man not stretching the Law as far as he can in severity to oppress or break the Persons for certainly it is not the end of the Law to ruine the Subject but to preserve him as much as may be They that proceed to the rigor of the Law have a spight at the Persons and let their love to Religion be as they think sound yet they persecute the Person How such can excuse themselves is unknown to me that if the Preacher be gone or be so poor as it hath often been found then to multiply Sums 20 l. for the House 20 l. for every poor Preacher 5 s. for hearing upon the Master of the House for hearing besides the 20 l. for his House 5 s. for the Wife 5 s. for every Child and so on or else to lay as heavy a Sum upon a poorer Man as upon the richer is unequal and unmerciful and if Justices are not merciful they have the Countenance of the Law for Unmercifulness and Revenge upon whom they please Certainly that Man is unmerciful who would seize upon a Bed of a poor aged Widow for a Debt or Rent but whether it be merciful to do so as it is said it hath been somewhere so done for being at a Conventicle let Christians judg 6. He must beware lest by his Justice he doth put a stop to the Gospel and hinder the growth and exercise of true Piety for if he hinder the Gospel he doth not the part of a Friend and Servant of Christ If by the suppression of Conventicles the serious profession and exercise of Religion be discouraged he doth evil by his doing good if he doth good by executing his Office yet if the Execution of his Office be to the hurt and decay of Religion he doth ill by doing well and doth as a Friend the real if not the intentional part of an Enemy 7. He must really be perswaded in his Conscience that all ways of Worship not contrary to but different in Form and Ceremony from the Church of England is meritorious of personal Ruine and the Ruine of Children in their Parents for it will quickly rise to that that it is Evil-doing that it deserves greater punishments than common Swearing or riding Journeys on the Lord's Day that he must be sure that he intends no hurt or disadvantage to serious Piety that he loves the Persons of the Dissenters as he doth other Men wisheth no ill to any of them and that judging their Practises to be Evil-doing that he punisheth them meerly and only for Evil-doing without respect to Anger private Displeasure or secret Gain either by Bribes or Rewards either of Favour Honour or Estimation or saving of himself He that punisheth rightly must sincerely bend himself against Evil-doing as Evil-doing for the good of the Person or if not for the Benefit of that Person that suffereth for the good of others If you can chastise the Religious for Religious Exercises and save Religion harmless you have divided the finest Hair that ever was seen Nonconformity implies Conscience or else it is flat irrational Madness to suffer for a whimsy or humor and to punish them for Religious Duties and not for Religion and Conscience is too Metaphysical a Notion to be brought to Practise I have now opened the Case let others judge whether it be not Persecution It hurts the Sufferer it molests and vexeth him his Vexation is for Religious Exercises materially good finally good effectually good to many without harm to any faulty in an outward Form or Circumstance which may be born with without danger to the Kingdoms Peace or to true Religion If this should prove to be a Persecution in any Magistrate or other then it follows Fourthly Be perswaded from this Course of proceeding and wait for healing Applications and Remedies for it is one of the most unkind unnatural Prosecutions that have been ever carried on The Persons are our peaceable and loyal Fellow-Subjects useful in the Common-wealth make up our strength against our common Enemies they are related to us in the Flesh baptized with the same Baptism believe in the same God and Father Son and Holy Ghost with one Faith and that have offered to unite with us in the same Form of Government and of Prayer as far as they could without danger of sinning we are not under the Temptation of complying with an Heterodox Prince against the Orthodox Christians our King professeth the same Faith It was an unhappinss to the Church when an Arian Emperour or Empress drew the Flatterers and timerous Bishops to persecute the Orthodox This is not our case the Controversy now is not between the Heretick and the Orthodox we do not in them prosecute the Arrian Nestorian Eutichian or Donatist Nor doth the Papist persecute the Protestant but the Protestant disobeys the Protestant and the Protestant doth afflict if not persecute the Protestant which is a doleful Consideration Oh! how bitter is it if there can be no difference found in Religion there shall be a difference made by some Acts of Policy if none in Articles of Faith there shall be in Conditions of Communion and Ceremony Here the professed sincere Protestant takes up a Complaint against them who are as sincere as he The Orthodox did communicate with the Heterodox yea with the Heretick the Heretick broke off first and begun the Persecution and followed it But the Orthodox when he had Favour and Power for him did not revenge Let Heresy which is from the Flesh and the Devil be propagated and enforced by carnal and diabolical Weapons but let Truth which is from God be carried on with Love Truth goes forth with Evidence and Conviction like the Sun but Heresy comes into the World sometimes with Silence but is carried about in a Storm attended with Lightnings Who but an Ismael will persecute an Isaac If the Papists will persecute who are by another Mother a second Hagar which gendreth to Bondage and scares us with Thundrings and Excommunications as from Mount Sinai or Ebal let Peace be in the Walls of Jerusalem If Papists persecute Protestants O let not Protestants persecute Protestants To open this that I may move both Reason and Compassion I will consider Who punisheth who are punished and for what and see where we can find the like and whether Hereticks and Papists and the immoderate Lutherans are not justified by us in the Cruelties which they have exercised 1. The Magistrate is professedly a sincere Protestant or else he must be an abominable perfidious Hypocrite because of his Oaths and Renuciation of the Pope and Popery 2. They who are punished are as Orthodox holy Christians as any in the World out of our own Church They are profitable and peaceable Subjects notwithstanding many discouragements and provocations from fellow-subjects
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
lest you be found abusing your power against Religion in Zeal to those things which are but Modes and Forms which commend no Man to God Shall I say it had been good for many they had never bin Justices or Magistrates or that some had never been born than be the occasion of great Shame and Reproach great and many Losses and Sufferings to Ministers in their Names Estates Health c. of great Trouble and Affliction to many tender Wives by Frights and Separation from their Husbands yea of Sickness and Death to many of the holy Servants of Christ Many oppressed Families groan under their Losses and Sufferings and pray for them that have persecuted them from one Country to another from one Prison to another and if God hear their Prayers then many of their Afflicters must repent and should repair their Losses for Conscience sake Many very dark and rude Places and People have been inlightned many young and dissolute Persons have been converted by Prayers Preaching and Books of the Nonconformists If you suppress their Teachers if you give order to spoil them of their Goods you starve the Nurse and kill the Souls of many thousands that are nursed and brought up by their Ministry with the sincere Milk of the Word of God That I may not be a lamenting Spectator of a doleful Tragedy I have taken this freedom and used plainness of Speech and convincing Reasons to my power There is a great Chasm and Breach and see how God punisherh us for not healing the first Division General Monk used the word Fanatick in the Parliament when he declared himself more properly than it hath been since applied How did the word take and spread how was it applied and misapplied Others called those Men Fanaticks who were a great wise sober loyal considerable part of the Nation Here a Separation began A great number of holy and able Pastors are cast out to the great grief of more than themselves A Breach is made by a standing Law within the Church and Kingdom some have made a Division of Church-men and moderate of Presbyterian Bishops and rigid of Protestant Bishops c. And since of Petitioners and Abhorrers of Addresses and Non-Addresses and now under scandalous and vile names of Whigg and Tory. Our Church-Divisions eat into the very heart of the Kingdom We seem to be disjoyned in the National-Interest by a prevailing factious private Spirit Friendship and Acquaintance and Trust and Confidence are broken Oh how menacing is this Judgment Popery watcheth its Opportunity to get up triumphant and regnant Persidiousness hath engaged to open to it and Perjury and Persecution are the most conducing means to introduce it Cut off the Nonconformists first beggar and famish and lay them fast next compose a Test in the nature of the Sphinx Augustana or Cassadran Consultation for the Conformists to separate the Moderate from the Genuine and what next The fear of which and compassion to Posterity and zeal for true Religion would make a dumb Man speak and he that cannot write Noble Sirs If you will not hearken to Reason besriend Religion believe your Senses and deny a carnal Interest for an eternal imitate the Clemency of our Gracious King whom God long preserve who is over us as Seneca speaks of the King of Bees He hath no Sting Rex ipse sine aculeo est But if you are resolved or engaged in such a Work Be pleased to do these things 1. Laying aside Prejudice study the Case of the Nonconformists and their Reasons for it you shall find it best and clearest in the Account of the Proceedings in the Savoy London 1661. and Petition for Peace In Mr. Baxter's Pleas for the Nonconformists Apology to the Bishops Defences against Dr. Stillingfleet and Dr. Hinkley and others And the Questions in Controversy clearely stated by Mr. Giles Fermen I suppose you have read the other side 2. Consider what is and hath been preached and written for Accommodation and do not account them the worst but the best Divines that have been and are for Accommodation and see what was done by those Great Men Lord-Keeper Bridgman Chief-Justice Hale Bp Wilkins c. 3. Oppose not but consider the Reasons of the Long-Parliament 1. in making these Acts 2. Their and succeeding Parliaments Debates and Resolves for Union of Protestants 4. Is this a time to afflict Protestants at home when we entertain persecuted Protestants from abroad 5. Lay aside all private worldly Interest Peace was never preserv'd by Faction it is inconsistent with Justices of the Peace to suppress a Faction by being factious 6. Be clear from all sinister Pre-conceits Passion and Disaffection to Practical Holiness and Piety 7. Be assured you must give account to Jesus Christ of your Administration and this is your time to act and shew your Faith Hope and Love to Christ his Gospel his People your detestation of Impiety and Sin and to be true to your Selves and your eternal Concernments 8. Receive not ill Reports act not by them of them that differ from you 9. Pre-conceive the Effects of your Proceedings whether they will be for God's Glory the King's Service the Kingdom 's Good and for your own Peace and Comfort when you come to dye 10. Pray for a Blessing upon your Proceedings see what Approbation he hath given and whether it be likely to please or displease him If God hath blessed or prospered them that did execute the Laws then it is an Encouragement to you if not forbear Consider what is said by Gamaliel Act. 5.38 39. Refrain from these Men and let them alone for if this Counsel or this Work be of Men it will come to naught But if it be of God you cannot overthrow it lest haply ye be found even to fight against God And by our Gracious King in one of his Declarations viz. It being evident by the sad Experience of twelve years that there is little fruit of all those forcible Courses c. FINIS ERRATA PAge 2. line 34. reade open P. 4. l. 30. r. Me. P. 6. Marg. r. Persecutione ib. Marg. r. Aenaei P. 27. marg r. ferri p. 30. marg after thankful remembrance c. 13. add Historical Collections in the Address p. 36. l. 2. r. some few p. 41. l. 12. r. of the Law ib. l. 16. r. if you all proceed c. P. 44. l. 27. r. to procure P. 48. l. 1. f. Severity r. Security P. 49. l. 36. r. for not subscribing only P. 51. l. 13. r. such as have p. 57. five last lines must be thus read and why may not fallible Imposers be deceived say they If they suffer for not sinning against God and Conscience if they suffer for performing Religious Exercises they suffer for Religion according c. p. 60. l. 36. f. case r. cant The Reader is entreated to pardon or correct the rest the Author being remote from the Press has not seen all the sheets