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
and preached there to his Death Mr. Travers ordained by Presbyters in Antwerp after a sharp Controversy with Mr. Hooker was made Provost of Trinity Colledg near Dublin by A. B. Loftus See Fuller's Hist B. ix Chancellor of Ireland Rob. Brown that deserved worst held his Rectory of A-Church Mr. Stone continued in his Parsonage of Warkton A. B. Whitgift whose Stiff constancy was known and proved wrote thus to the Lord Treasurer Burleigh My Procceedings are neither so vehement nor so general against Ministers and Preachers Ibid. p. 139. as some pretend doing me therein great Injury In another to Sir F. Walsingham I have forborn to suspend or deprive any Man already placed in any Cure or Charge for not subscribing Only Bishop Anthony Rudd in his Speech in Convocation An. 1604 said See Addenda to the first Plea That many Learned Preachers enjoyed their Liberty conditionally that they did not by Word or Deed openly disgrace or disturb the State established would that do now we should see a return of many cast out if not of all What need I say of the Indulgence of Arch-Bishop Abbot Remarkable is that Discourse between A. B. Bancroft who was a sharp Adversary of the Puritans with a N. C. An honest able Man protested to him that it went against his Conscience to conform which way quoth the A. B. will you live if put out of your Benefice The Minister answered He had no way but to go a begging Full. B. 10. p. 57. or put himself on the Divine Providence Not that said the A. B. you shall not do so but come to me and I will take order for your Maintenance Many had Lectures or were connived at by Bishops or protected by Great Men as is proved in Particulars by Mr. Baxter Second Part of the Defence against Dr. Stillingfleet c. 4. Hist B. ix p. 135. Sect. 18. Pertinent is that to my purpose which Dr. Fuller writes of some in the Time of Q. Elizab. Reign The Practises of the Presbyterians now found so much Favour as almost amounted to a connivance at their Discipline For whilst the Severity of the State was at this time intended to the heighth against the Jesuites some Lenity of Course by the very Rules of Opposition fell to the share of the Nonconformists on the score of their notorious Enmity to the Jesuitical Party The Earl of Leicester procured great Favour for them from the Queen and snibbed the Bishops for urging Subscriptions The great and wise States-men were Intercessors for some of them witness the Letters of the Lord Treasurer Burleigh and Sir F. Walsingham in that Church-History But now is there no Mittigation to be looked for when our present N. C. approach nearer to a Closure and when their Opposition to the Jesuites doth provoke that Party to strain all their Policies Power and Malice against them Consider if it be not a time to shew Mercy to our Brethren and not to oppress them as Enemies when the whole Protestant Interest among us is saved by meer Mercy How contrary will the impoverishing of them be to that Duty If thine Enemy hunger feed him if he thurst give him Drink Surely if we ought to relieve an Enemy so far as to keep him alive we ought to spare our Brethren and preserve them from a Necessity to beg their Bread But here I seem to some to beg a Question I call them Brethren when they are not It is true I do and if they who profess the same Faith Worship and live under the same Laws are not Brethren have we any in any part of the World Is there any Houshold of Faith out of the Houshold of Conformists If not then our extream Zeal against Nonconformists will carry us to Donatism and confine the Church within the Lines of our Uniformity If to avoid this we acknowledg a Catholick Church out of those Bounds then why shall not that Right be allowed to them that dwell among us as well as to them that live in Forreign Nations and differ as much from our Form of Discipline as they do If therefore they are Brethren let them receive from us some Tokens of Affection and not be burnt with the Marking-irons of Anger as unfit Objects of any thing less than Exclusion from all Favour And let not the Mercy and Mildness of former times come into Judgment against this Generation I do hope there are many that have Sorrow in their Hearts daily for them and that have Hearts of Flesh to them Arg. 3. Both Church-men and Magistrates should forbear this Course of Rigor for fear of being guilty of the great Sin of Persecution or approaching near it All good Christians should be tender of falling into degrees of that Sin which in the highest degree is proper to the Enemies of Christ There are now none in any place of Power but such have by Oaths and Tests avowed themselves to be sincere and honest Protestants and if they will hear Reason on their Brethrens behalf what Mercy can Protestants expect from Papists or perjur'd Hypocrites Abstain from punishing and hurting the Servants of Christ lest ye be found fighting against God and obstructing the Prosperity of Christ's Kingdom by quenching any Light of the Gospel because it is not set up in a branched Candlestick or in the Church They would all burn in the Church but for something that keeps them out in the Church-porch Now as every Christian that hopes for Salvation alone by Christ should be afraid of hurting Christ in his Members so must every Man be tender in affixing the Charge of Persecution upon any which that I may not do I will 1. Open the nature of Persecution 2. The kinds of it 3. Consider what is said to free the Prosecution of the Laws from being a Persecution First To persecute in this place is taken in an ill sence for any kind of Vexation or Trouble brought upon others especially such as is grievous to be born Grot. in Math. 5.10 Petr. Ravan it is ardenter pertinacitèr dilgenter insectari ad nocendum or as others To follow as a Hunter doth his Game In respect of the Sufferer it must be causeless and undeserved and by Consequence not for doing ill in respect of the Inflicter it must be injurious and in respect of the Cause it must not be a civil Cause but Religious in Whole or in Part. It is Persecution if it strike at any part of Religion or for any Exercise of Religion Secondly There are many kinds and degrees of Persecution distinguished by the Afflicters Affliction and Afflicted and the Reasons Causes and Ends. The menaced Sufferings of the Nonconformists are not 1. From an open professed Enemy of the Faith but what is marvellous from Men professing the same Faith as Protestants the Power being in no other hand 2. It is not for Christianity for the Name of Christ or being Christians 3. It is not directly a suffering of Death
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