Compulsion of Conscience Condemned, Section 7 – Section 8
SECT. VII.
AFter this tedious Parentheſis, which unlookt for, fell in my way, I will re-aſſume my Diſcourſe, and in all humility offer ſome Reaſons, that the Intention of the Law-makers, was for ſuppreſſing Sedition, and Conſpiracies againſt the Government, and not meerly to puniſh quiet and peaceable Diſſenters. And will in order thereunto, give you an Abſtract of the words of an Ingenious Author, lately publiſhed.
The Laws againſt Diſſenters are of two different Natures. 1. Some Statutes are wholly deſigned againſt Papiſts, and ought only to be Executed againſt them, tho' ſome would have them put in Execution againſt duplicate page duplicate page Diſſenting Proteſtants, for not coming to Church, and receiving the Sacraments, &c.
2. The Laws indeed that were made againſt Puritan Sectaries (as they call them) or Diſſenting Proteſtants. The Statutes of the firſt ſort, are in Number five, viz. The 1. Elizabeth, ca. 2. the 23. Elizabeth, ca. 1. the 29. Elizabeth, ca. 6. the 1. Jac. ca. 4. and 3. Jac. ca. 4.
Here good Reader, I thought to have enlarged, but upon ſecond thoughts (having reſolv'd to be as brief as may be) I judge it more to your ſatisfaction to refer you to a late Treatiſe Intituled, Engliſh Liberties, where from p. 171. to p. 200. you have this Subject handled with much judgment, candor, and clearneſs; the Book is to be had at any Bookſellers, and is well worth every Engliſh-mans peruſal.
The Author plainly demonſtrates that theſe Statutes intend only the Proſecution of Papiſts, and therefore all the reaſon and equity in the World will diſallow their being put in Execution againſt peaceable Proteſtant Subjects, who are no way concern'd in them; which was the Opinion of the Houſe of Commons, who were more likely to Interpret a doubtful Law, then ſuch particular Juſtices and others, as are now ſo buſie to Execute them againſt the mind of the Law-makers.
Sabbati, Sexto Die Nov. 1680.
Reſolved nemine contradicente, That it is the Opinion of this Houſe, that the Acts of Parliament made in the Reigns of Queen Elizabeth, and King James, againſt Popiſh Recuſants, ought not to be extended againſt Proteſtant Diſſenters.
That the 35th. of Eliz. is not now in force, the ſame Author Evidences by ſuch ſolid and convincing Demonſtrations, that they are in my judgment unanſwerable, p. 181. &c.
And the ſum is, that there are now no Laws in being to puniſh the Conventicles, and the Non-conformiſt Miniſters, who did not Conform to the Act of Ʋniformity, made in the Reign of His preſent Majeſty; But the Act commonly called the Five Mile, or Oxford Act, and the Conventicle Act, made the 22th. of our preſent Soveraign. Theſe you have alſo judiciouſly handled, Ibid.
He that will ſeriouſly peruſe theſe ſeveral Statutes, and lay aſide prejudice, muſt needs conclude that it is not the meer Diſſent which our Law-makers intend to puniſh, for the Conventicle Act allows any Family to Worſhip God in their own way, provided there be no more then four perſons beſides the Domeſticks. Nor does it puniſh meerly for the number neither, unleſs them be Sedition, or a Conſpiracy of the Parties meeting to diſturb the Peace, or contrive Inſurrections, or Traytorous Deſigns againſt the Government.
If there be any ſuch meetings to be found, that inſtead of a pious and peaceable Worſhipping of God, will be meditating Rebellion, let the utmoſt ſeverity of the Law be put in Execution againſt them, for then they ceaſe from being Chriſtians, when they become Traytors, and ſuch only, viz. Diſturbers of the Peace, the juſt Laws of England deſign to ſuppreſs. But if there be no ſuch wicked Practices or Conſpiracies, but on the contrary a peaceable Deportment, and quiet, harmleſs behaviour to be found, in the meetings of theſe Diſſenters▪ with what Conſcience can thoſe Laws be put in Execution againſt the Innocent, which were meant only to ſuppreſs Sedition, and ſecure the Government againſt ſuch as actually diſturb it? That that was the intention of the Legiſlators, viz. to puniſh only the guilty, is evident, and for any one to ſtretch thoſe Statutes beyond the ends for which they were deſigned, is no leſs, then to ſhew himſelf undutiful to his Soveraign, unnaturally cruel to his poor Countrymen, an oppreſſor of his Brethren, and obnoxious to a ſevere Reckoning, in the great Day of Accounts. I have demonſtrated before that, Compulſion of Conſcience is Diametrically oppoſite to the Law and Word of God, yea, that it is morally impoſſible to make a Man believe againſt his Reaſon; and conſequently that the Effects of Compulſion is only to force Men to Hypocriſie, ſince no external force can Convert the Soul.
Now I ſhall annex ſome Quotations from the Fundamental Laws of England, which expreſs ſuch a tenderneſs of the Law of God, that it tells you in down-right terms, That no Act of Parliament, or Law, refugnant to the Law of God, is of any force, Finch. p. 3. And that no Man of what Eſtate, Degree, or Condition whatſoever, hath power to diſpenſe with Gods Law, as all the Clergy of the Realm, and moſt of the Ʋniverſities of Chriſtendom, and we alſo affirm, 28. H. 8. And that againſt Scripture, Law, Preſcription, Statute, nor Cuſtom may avail; and if any be brought in againſt it, they be void, and againſt Juſtice. Doctor, and Student, &c.
Now, beſides what hath been ſaid before of the Law of God, (which the Law of the Land poſitively declares—indiſpenſible,) take here a brief ſpecimen of it.
1. All Men are Commanded to hear, learn, and keep it, and ought to be in their reſpective Stations, according to Divine Rules, ready to Communicate ſuch Gifts as Chriſt beſtows upon them, in order to Edify others. Miſtake me not (Reader) I do not plead for any promiſcuous or irregular Liberty, for any perſon to ſtep beyond the bounds preſcribed by the Soveraign Legiſlator, but to ſhew you that where a Talent is given, it ſhould be improved. We find in Scripture, that there were Preaching Kings, Princes, Judges, Levites, Pſal. 40. 9. Eccl. 1. 1. and 12. 13. 2 Chron. 17. 7, 8, 9. Yea, Preaching Mechanicks, Tradeſmen, Tent-makers, Fiſhermen, &c. Mark 6. 3. Amos 1. 1. Mark 1. 16, 17. Act. 18. 2. 1 Cor. 14. 1, 2, 31.
2. God's Law pronounces a Wo to his Preachers, if they Preach not his Goſpel, 1 Cor. 9. 16.
3. Rewards and Promiſes are promiſed to Preachers, Matth. 10. 41. and 25. 21. and 5. 19. James 5. 20.
4. God's Law allows Preaching in Houſes, Streets, Fields, &c. Yea, to great multitudes, with promiſed Mercies to the owners ſo receiving them, Act. 20. 20. and 28. 31. Luk 13. 26. Matth 3. 1. and 10. 40, 41, 42.
5. God's Law denounces wrath to ſuch as abuſe his Preachers, and beat their fellow Servants, 1 Theſſ. 2. 16. Matth. 24. 48, 49, 50.
6. God's Law injoyns Men to Aſſemble together in order to his Worſhip, Heb. 10. 25. and 3. 13. Act. 2. 42. Mal. 3. 14. 16. Yea, Thouſands at a time, John 6. 10. Act. 44. and 2. 41. &c. much more to the ſame purpoſe may be quoted. Now, I appeal to all ſober Chriſtians, whether any Law that contradicts this Divine Law, or by coercive means, and riged penalties, keeps Chriſtians from theſe Duties, ought not to be relaxt, and forborn to be put in Execution, becauſe all humane Laws, are to give place to the Law of God, as our very National Laws aſſert? and whether the Diſſent of a peaceable Conſciencious People, from meer Ceremonies not enjoyned by the Statute Law of Heaven, deſerves ſo rigorous a Treatment as a great many have felt, and ſtill feel? &c.
SECT. VIII.
BEſides the Law of God, and the Law of the Land, which ſweetly harmonize together, (when the latter is not ſtretched beyond its meaning, by ſome whoſe Charity appearsonly in the Ruine of their poor honeſt Neighbours,) I would urge that great Magna Charta of Nature, a Law ſo juſt and comprehenſive, that no Man can deny it, unleſs at the ſame time he deveſts himſelf of Humanity, and aſſumes the ſhape of a barbarous, and more then bruitiſh Cruelty. It is this (in few words) Do as you would be done unto. This Golden Text Reverenc'd amongſt the very Heathens (whoſe Precept it was, Quod tibi non vis, alteri ne feceris) might adminiſter a Copious Theme, but I ſhall be brief; And content my ſelf to ask two Queſtions of thoſe Gentlemen, that are ſo buſie in putting theſe Penal Laws in Execution; But ſtill letme repeat the Caveat I have ſo often mentioned,—that I plead not the Cauſe of Seditious Meetings, or ſuch as contrive or deſign any evil againſt the State, but only ſuch as Diſſent purely out of Conſcience, and manage their ſeparation with Piety towards God, and Loyalty to the King, together with a Chriſtian becoming Deportment towards their Neighbours.
1. Whether they, (that is ſuch as proſecute the Proteſtant Diſſenters,) would be ſo dealt withal themſelves? viz. to be Impriſon'd, Fin'd, Depriv'd of their Goods, Baniſht from their deareſt Relations, Wives, Children, &c. forc'd from their Trades and Callings, (when they live by the Labour of their their hands, or the faculties they were brought up to,) have their Families beg or ſtarve, and in a word, utterly ruin'd, as to this World, and that meerly becauſe they cannot Conform to what they are not convinc'd of, to be of Divine Inſtitution? Or, being Men of Conſcience, will not be led by any Implicite Faith? If not, methinks they ſhould uſe the ſame tenderneſs to others, or elſe they violate this Law, (made Sacred Matth. 7. 12.)
2. Whether, if it had been their Lot to live in a Country where Popery, or Presbyterianiſm, is the publick Religion, would they look upon it to be juſt and fair dealing, meerly for their Conſcientious Diſſent to be forc'd to a Hypocritical Compliance, or be ruin'd in their Eſtates, if not Lives?