Selected quad for the lemma: religion_n
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A33959
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A perfect guide for Protestant dissenters in case of prosecution upon any of the penal statutes made against them together with the statutes of 35 Eliz. and 22 Car. 2 at large : to which is added a post-script about ecclesiastical courts and prosecution in them.
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Care, Henry, 1646-1688.
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1682
(1682)
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Wing C531; ESTC R5384
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47,546
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38
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of this Paragraph does not in the least impose upon them But the Eleventh Section is more particular in these words And be it farther Enacted c. That if any Constable c. who shall know or be credibly informed of any such Meetings held within his Precinct and shall not give Information thereof c. according to his duty and endeavour the Conviction of the Parties but shall wilfully omit the performance of his duty in the Execution of the Act and shall be convicted thereof shall forfeit the sum of five pounds By this Paragraph it is very plain indeed that if the Constable do either know of himself or be credibly informed and do not do his duty he forfeiteth 5 l. but still if he neither know nor be credibly informed he is not bound to be so sedulous as to go upon the Hunt But suppose the Constable c. should either know of himself and be credibly informed and should do his duty that is give Information and should receive a Warrant to break open the House and enter yet finding nothing of Resistance he is still but where he was in regard that not having been there from the beginning to the end he cannot be positive whether the Persons there Assembled did exercise a Religion according to the Liturgy or Practice of the Church of England or not which if they did he has no power either to take their Names or apprehend their Persons unless they should be so imprudent as to make resistance and give an occasion for their Military Power to be raised for their suppression for then as Mutineers and Seditious persons they break their own peace by disturbing the Kings and by making it appear they are the Persons intended by this Act render themselves obnoxi us not only to the Penalties of this but of much more severe Laws From which enjoyning of the Military Officers to be aiding and assisting to the Constables with armed Force Reason may not improperly collect the sense and meaning of the Act to be no other than what has been already presum'd For Armed Force and Constablâ—s could never be intended by the Law against Passive submission and obedience Naked Swords and Constables Staves could never be intended by Christian Legislators to compel the compliance of sincere and upright Conscience to things of small concernment in respect of those Fundamentals wherein the Prosecutors and the Prosecuted both agree And therefore while the Civil Magistrate has taken such extraordinary care for the publick safety and tranquility of the Nation it should not be the aim of others to carve out for them their Care the support and maintenance of any By Interest whatever An aim too apparent by their publick dissatisfaction and open exclaiming against that noble Act of his Majesties most Royal Goodness His Declaration for Liberty of Conscience too unhappily severe those Counsels that removed the Land-mark of his Regal Benignity A presumption that they believe themselves more worthy or more able to manage that part of Prerogative themselves and grutch him the exercise of his Right Whereas the Legislators with more Duty provide that nothing in their Act shall extend to invalidate or avoid his Majesties Supermacy in Ecclesiastical Affairs But the Dissenting Protestants acknowledge their Soveraign to be both King and Priest A King as he is the Supream Head of the Government a Priest as the Supream Head of the Church To whom as their lawful Soveraign and Head of the Government as they have been alwaies ready to yield the utmost of their obedience so shall they never withdraw from him the utmost of their Fidelity And from whose Priestly Office they have yet hopes to feel the influences of his former Grace and Mercy when their Cause shall be better examined For 't is not the Exasperation of the Pens of Wicked men continually scribling Division nor the Subornations of Popery to fix imaginary Plots and load their Innocence with the guilt and Villanies of others but the Truth of their Profession and their upright walking before God and Man which they hope will at length turn the Reproaches and Calumnies of their Enemies upon their own Heads 'T is Vnion which all True Protestants desire which they daily implore from God There is nothing but Vnion wanting in this Rich and Plentiful Land Which as it is only obstructed by Papists or persons papistically affected as it is apparent by their daily Machinations and contrivances to unsetle and weaken the true Protestant Interest so there can be no greater Argument for Protestants to unite with Protestants against the Common Enemy of their Religion From these and Grounds of the same Nature there are some who have drawn this general Conclusion That it would be more conducing to the good of the Kingdom and the Benefit of the Protestant Religion that the Penal Laws against Non-Conformists in reference to differences of Religion might not be put in Execution but forborn till our most Gracious Soveraign and his great Council the Parliament should take the state of Divided Protestants into their wise Consideration and reduce things to a happier Legal Establishment Eor proof of which it may not be altogether improper to give a short Recapitulation of the Reasons brought in defence of the Position 1. That it cannot be good to execute the 35 of Eliz. which the whole Parliament thought dangerous to the whole Protestant Interest in England and did as far as in them lay disannul 2. It cannot be proper to execute that Law upon them who cannot properly be guilty of the Crime at which the Law aims 3. It cannot be proper to execute any Law upon Dissenting Protestants which was promoted by men Popishly inclined and which since appeared to be Papists as was the Five Mile Act. 4. Because it seems somewhat preposterous to rid the Land of Dissenting Protestants persons professing true Religion and Loyalty yet leave the Papists the Enemies of the King and Church to stay behind 5. Because the Penal Laws are to be inflicted upon the proper objects as Seditious Sectaries disloyal persons Hypocrites that make Religion a cloak and pretence to install principles of Schism and Sedition not upon Meetings where there is no tendency to any such Designs 6. A sixth Argument is drawn from the Piety of the Non-Conformists Principles and the Peaceableness of their Behaviour found so to be from the Experience of many years 7. Because they are Protestants and it seems not so well done to use Protestants the Kingdoms Friends and Strength worse than Papists the Enemies of the Kingdom and Protestant Religion 8. Because it is not good to execute the Law with a heavy Hand upon all and every Offender without making a difference between one man and another between one Offence and another 9. Because by their publick Preaching their judgments and practises are best discovered and being in the Head of the younger Dissenters they are as Directions and Examples to them to keep them from
dangerous Excursions 10. Because that when pious and good men have their publick Liberty and make use of that Liberty only to instruct the People in their Duty to God and the King c. one chief end of the Magistrates care of the State is obtained which is to maintain sound Doctrine 11. Because thereby they will be better enabled and encouraged to perform other good Offices to the King and State 2. Then in Reference to the Church these Reasons are added 1. Because agreeing in Fundamentals with their Prosecutors they are a great Addition of Strength against the force and subtleties of Rome 2. Because thereby Schism will come to a greater closure when the Church shall be satisfied in their profitable Doctrine and peaceable Behaviour which will create a greater desire of Peace and Union 3. Because by this publick Preaching Multitudes of poor Souls that will go no where else are in the way of Salvation and Profession of the Gospel of which some Divines of the Church of England are so deeply sensible that they Treat the Non-Conformists as Friends and fellow Labourers All which Reasons are more at large discussed in the Conformists Plea for the Non-Conformists to which the Reader is referred There remains now no more than only the humble Proposal of some few Queries and so to conclude First in Reference to the Church 1. Whether a Dissenter may be lawfully prohibited from Preaching the Word of God in truth and sincerity at any time or in any place 2. Whether by the blessings and rewards that are promised to those that propagate the Doctrine of Christ they are not obliged to do it 3. Whether the Example of Christ and his Disciples does not admit of Preaching in Houses Streets and Fields to more than five in a Company 4. Whether it be not something Erroneons for the Law of Man to contradict the Law 5. Whether the Passive Obedience of Persons prohibited by a Law from preaching the Word of God be not destructive to the propagation and maintenance of the Gospel of Christ 2. In reference to the Law of the Land 1. Whether the Opinion of the Commons of England That the prosecution of Protestant Dissenters upon the penal Laws is at this time grievous to the Subject a weakning of the protestant Interest and an encouragement to Popery and dangerous to the peace of the Kingdom ought not to be taken into a more serious Consideration 2. Whether the prosecution of Dissenters does not seem a little strange as to the present timing of it when the Papists lie under several Convictions of seeking the Ruin of the protestant Religion in the Kingdom and when the Kingdom is under such fears and Jealousies of the Predominancy of their Abettors 3. Whether it be not more proper to begin with Popery before they go about to extirpate Non-Conformity 4. Whether they who have with so much inveteracy rak'd into the forgotten and pardon'd Miscarriages of the Presbyterians had not better have spar'd their pains as nothing at all to the purpose except to what is unbecoming either peaceable or wise men 5. Fifthly Whether a Law that creates Arbitrary Distresses and Imprisonments be not contrary to the Fundamentals of Magna Charta 3. In Reference to the Law of Scripture and Nature 1. Whether the proceedings of the Law enforcers be not contrary to the Doctrine of Christ Whatever ye would that men should do unto you do ye even the same unto them for this is the Law and the Prophets 2. Whether it be according to Scripture For Protestants acknowledging the same Jesus the same Scripture and agreeing in the Fundamentals of Religion only for differences in human Ceremonies to tear and devour one another 3. Whether in point of Appeal to make Parties themselves Judges be a thing usual 4. Whether in the prosecution of Protestants by Protestants to make use of Informers and Promooters which the Lord Cook calls Turbiolum Hominum Genus instead of Christian advice and solid Arguments be according to Scripture 4. In point of Policy 1. Whether it be not against the Rules of Policy for English-men of the same Religion by cruelties and severities to destroy one another which must of necessity weaken the Force and destroy the Trade of the Nation It being one of the Lord Cook 's Maxims That a King can never be poor when his Subjects are Rich And therefore 2. Whether it be not against the Rules of Policy to set up a Law for the encouragement of vexatious Informers who under the reverend Mantle of Love and Justice to use the Lord Cook 's own words instituted for the protection of the Innocent and the good of the Common-wealth vex and depauperize the Subject for malice and private ends never for love of Justice 3. Whether it be not contrary to the Rules of prudence to make attempts in fruitless undertakings since it is found by Experience that persecution rather encreases than appeases Enmity and the common Maxim is that Sanguis Martyrum est semen Ecclesiae 4. Whether forbearance and mildness would not absolutely remove the scandal given to the protestant Churches abroad and endear us to our Forraign protestant Alliances 5. Whether it be prudence to afflict Protestants at home when we entertain afflicted Protestants from abroad 6. Whether by these unnatural Divisions the necessary Leagues and Tyes of Friendship and acquaintance common Trust and Confidence among men may not in time be broken to the ruin of all Society 7. Whether the wicked distinctions of Tory and Whigg c. were not set on foot to encrease the Dissentions between Protestants and whether the Invention and the Malicious continuance of them do not deserve a punishment equal to the worst of Felonies 5. In Reference to the Executive part 1. Whether the Issuing out of general Warrants by the Justices of the Peace not Authorized by the Statute do not render them obnoxious to other Laws 2. Whether it be not almost morally impossible to Swear a Dissenters Meeting to be contrary to the Liturgy or practice of the Church of England where there is no overt act of publick Disturbance or seditious Doctrine 3. Whether the prosecution of this Law do not afford several advantages to the spiteful and revengeful to reck their Spleen upon their Neighbours upon every slight disgust or falling out 4. Whither it do not afford great opportunitis of Combination between some needy Justice of the Peace and their more needy Associate the Informer to prosecute unlawful Gain it being the general complaint of treble distresses made without any Return 5. Whether the Constable not being authorized to break open any door or force and Gate or Hedge if the Informer be so fool-hardy as to do either and the Constable follow him the Constable and the Informer are not liable to the Law 6. Whether there be any Penalty above 5 l. directed by this Act to be laid upon a Constable that shall be negligent in making Distresses pursuant