word tending to Schism or Rebellion What if the Person be a loyal Subject These things are out of the Question out of the Deposition But if these Witnesses cannot depose that such a Preacher is a Disloyal Person his Preaching to be to instil Schism or Rebellion or to move to Insurrection then if the Execution be according to the Deposition it is Execution upon Persons not intended by the Law and for preaching not forbidden by the Law for the Law forbids not Preaching but to such an end There is one Catching Circumstance it was above the Legal Number But yet one would think that that should not be a Crime except Rebellion and Insurrection be the intention of the Person and the effect of the Thing For many for five hundred to hear a good Sermon in a peaceable manner is in it self no Crime the Number and the Preaching must be to an ill Design in the intention of the Law For it were impious to forbid Preaching in it self The Evil of it must be in the evil of the Matter and evil of the Design and by Consequence only such Preaching and such Numbers are liable to the Penalty that is of a destructive or offensive Design unless you punish for Preaching which is good separate from the Design as evil This premised my Argument is this It is not good but evil to punish well doing as if it were evil doing and to punish Preachers and Hearers that never preached nor heard Rebellion or Sedition as if they were the highest Criminals in a Kingdom But to issue out Warrants and execute them upon Persons when nothing is proved against them but what is good and not prohibited by the Law as evil in it self but as evil to an evil end viz. Preaching is not good therefore it is not good to punish them c. To punish a Fact that in the intention of the Persons or nature of the Thing hath no tendency to Mischief to be prevented by the Law is not good but evil because the Execution is not directed to the end of the Law and by Consequence it is no legal Execution But to execute the Law for preaching and hearing upon Preachers and Hearers whose preaching and hearing hath no evil tendency to Sedition Rebellion Insurrection or Schism is such an Execution Therefore it is not good but evil The Minor is proved from the Peaceableness of the Nonconformists Piety of their Principles from the many Years Experience and Effects and seditious or rebellious or schismatical matter are not the things sworn against them or can be sworn but preaching to such Numbers and hearing in such Numbers and in a manner different from the Church of England which may be and yet not ill and may not be so for all the Informers know Obj. But the Law forbids such Men to preach as conform not swear not and in such a manner and to such numbers of Persons If the Law be good it is good to execute them Answ The Law forbids such Men as are seducing Sectaries disloyal Persons to such an end as was often named And such Persons and such Religious Acts abused to a wicked end and purpose and none else If the Persons are not such nor the Religious Exercises so abused to such wicked purposes then you must hold that either the Laws can or do forbid those Men that are good to do that which is good and so forbid absolutely that which is good which is to scandalize the Law and them that made it or you must yield the Execution to be ill and illegal except those Persons and Actions be taken relatively to those unlawful Designs which if proved they are Criminals of another nature and if it cannot be proved they ought not so to suffer as if they were what they are not My third Argument is taken from the Consideration of the Persons and of the Facts 1. They are Protestants if you believe me not try them 2. They meet for Religious Exercises and holy Ordinances not for Sedition or Rebellion or to move any Insurrections if the contrary can be proved I 'll grieve and pray but never plead for them But both the one and the other is evident that which is sworn against them is neither Sedition c. but Preaching as was said before Hence I form my Argument It is not good but evil to use Dissenting Protestants worse than ever Papists have been used But to execute those Laws upon Dissenting Protestants neither for Rebellion nor moving Insurrections is to use them worse than ever Papists have been used Therefore it is not good to execute the Laws upon them It is to be more rigorous towards our Brethren and such as agree in one and the same King same Laws same Worship as to the substance of Christ's Ordinances and are willing to unite than you are towards Men that own another Supremacy King and Bishops are idolatrous in their Worship and are for rooting us out and not taking us in without hazard of the Truth of Christ and Hypocrisy and Eternal Life To punish Dissenters for preaching and other Exercises of Religion because to such Numbers and not in such an uniform manner is to punish them for Religion If Religion be the Cloak and Rebellion or Sedition be the Mischiefs to be concealed and conveyed under it then Religion is but a pretence and that cannot excuse them from suffering which doth highly aggravate the Sin But if neither be inferred from their Principles nor infused into their Exercises then there is no danger to the King in his Life Prerogative nor Authority If neither hath been found in any of them it is not justly imputable to them and then if their Preaching and Prayer be the Fact for which they suffer they suffer for that which no Papist ever suffered for alone For the clearing of this and proving of it I will distinguish Punishments into Capital and Pecuniary or Real No Papist whether Priest or Lay-man ever suffered Death in England for Religion but for Treason and their fore-acted Conspiracies and Treasons constrained Queen Elizabeth and King James to make Laws for their own preservation This is proved by King James Vid. Torturam Torti per. Ep. Cicestriensem Bp Andrews p. 145 146 147. and all our Protestant Writers against the Papists I need not quote particulars This is particularly proved in a peculiar Treatise penned by the direction of the Lord Treasurer Burleigh as the learned Publisher of the Collection of several Treatises The Execution of Justice in England not for Religion but for Treason tells us in his Epistle concerning the Reasons and Occasions of the * Reprinted at London 1675. Penal Laws And what is there proved is acknowledged by the Secular Priests 1601 in their Important Considerations But if our Nonconformists should be prosecuted upon the 35th of Eliz. if they will not conform upon their three months Imprisonment they must abjure the Realm and if they go not away or
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
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
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
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