Nonconformity Not Inconsistent with Loyalty, Table of contents
A Table of the Principal Things contained in this Book.
1. OF Government in General, Page 1.
2. OF the Government of England in particular, Page 2.
3. An Anſwer to thoſe that object againſt the Proteſtant Diſſenters, becauſe Venners Inſurrection, Page 3.
4. A Diſcourſe upon the Statute of 1 Eliz. 2. concerning the Penalty of Twelve-pence for not coming to ſome Church or Chappel to hear Common-Prayer every Sunday and Holy-day, P. 4, 5.
5. A Diſcourſe upon the Statute of 23. Eliz. concerning the Penalty of Twenty Pounds a Month, for not Repairing to ſome Church or Chappel, or uſual Place of Common-Prayer, p. 6.
6. A Diſcourſe upon the Statute of 29. Eliz. and the third of King James, concerning the ſame Offence. page 7, 8.
7. A Diſcourſe of the Statute of the 35th of Queen Elizabeth, commonly called the Abjuration Act. page 9, 10, 11.
8. A Diſcourſe upon the Oath of Allegiance. page 12, 13.
9. The Oath of Allegiance it ſelf, and King James his Expoſition of it. page 14, 15.
10. The Oath of Supremacy, and Queen Elizabeths Expoſition of it, and the Act of Parliament Confirming the ſaid Queens Expoſition. page 15, 16.
11. The Statute of 17. Car. 2. chap. 2. conſidered, Intituled, An Act for Reſtraining Nonconformiſts from Inhabiting Corporations, commonly called the Five-Mile Act, page 16, 17
12. Conſiderations upon the Statute of 22. Car. 2. chap. 1. Intituled, An Act to ſuppreſs Seditious Conventicles, &c. Page 17, 18, 19.
13. An Acoount of the Proceedings of the Eccleſiaſtical Courts, for not coming to Church, and Receiving the Sacrament, Page 19. 20.
14. The ſeveral ways of obtaining Abſolution from the Sentence of Excommunication. Ibid.
15. Reaſons why Proteſtant Diſſenters cannot Conform. Ibid.
16. The Concluſion. Ibid.
NONCONFORMITY Not Inconſiſtent WITH LOYALTY: OR, Proteſtant-Diſſenters no Seditious or Diſloyal Sectaries.
Evidenc'd in A Sober Diſcourſe upon all thoſe Statutes by which the Proteſtant-Diſſenters are Proſecuted at this Day.
I. GOvernment in Nations and Kingdoms is the Glory of this World, for thereby things of all ſorts, and Perſons of all Degrees, are Regularly managed and diſpoſed of; and though ſome Governments are far better then others, yet that Government that is not ſo good as it ought to be, is far better then no Government at all; for without Government there is nothing but dreadful Confuſion, each party ſtriving to have his own Luſt a Law for others; Therefore it is far better for Common Good to be under a Government by ſetled Laws, though in ſome things bad, then to be under the Will and Pleaſure of any particular Perſon, or any Number of Perſons, whoſe Proceedings may be according to that Power and Might in a way of force, as they are able to Exerciſe over each other; and ſo, as there may be an Uncertainty of Commanding, there muſt needs be an Uncertainty of Obeying, and ſo an Uncertainty of any Safety.
II. The Government of Nations doth very much differ from each other in the particular forms thereof, ſome being governed by Kings, and ſome by States, and ſome by other Governours; but tho there is a Difference in forms of Government, and in the Titles of Governours, yet they all agree in the Subſtantials of Government, viz. To maintain a Publick Peace amongſt themſelves, and to be ſo United unto each other, as to defend themſelves againſt Forreign Foes, and to puniſh ſuch as are Offenders, in offering any kind of Violence to the Perſons, or Power of their Governours, or to the Perſons, Priviledges and Properties of each other. And in theſe and ſuch like things, thoſe that differ in matters of Religion, from what may be the Eſtabliſhed Worſhip of the Countrey where they are Inhabitants, yet they ought to behave themſelves in all peaceable manner with Subjection to thoſe that are in Authority; For the People of God in the Primitive Times, though in Religious matters they differ'd from thoſe Countreys where they were Inhabitants, yet they were taught by the Doctrine of the Apoſtles to maintain the Welfare and Grandure of the Government. See Rom. 13.7. Render therefore to all their Dues, Tribute to whom Tribute is due, Cuſtom to whom Cuſtom, Fear to whom Fear, Honour to whom Honour; And alſo to lead a quiet and peaceable Life in all Godlineſs, and Honeſty under Authority; ſee 1 Tim. 2.2.
III. And it may be truly ſaid that England is moſt happy in its Government, as it conſiſteth of King, Lords and Commons, by whom Laws are made for the whole Kingdom; And the Law-makers are alſo under the Power of the Laws they make. And this is moſt excellent, that each Party of the Law-makers, conſidered as King, Lords and Commons, cannot impoſe any thing as a Law upon the Subjects in General, nor upon each other, without a mutual Conſent, viz. The King cannot impoſe a Law upon the Peers; The Peers cannot impoſe a Law upon the King; The King and Peers cannot impoſe a Law upon the Commons; The Commons cannot impoſe a Law upon the King and Peers; but King Peers and Commons by a joint Conſent do make Laws.
IV. And each Party who have matters one againſt another, cannot Determine or Iſſue their Caſe according to their own Minds and Wills, and at their own Pleaſures, but the Determination of all matters muſt be in a Legal Way, being tryed before the Honourable Judges of the Realm, who are Required by Law that they ſhall not deny nor delay Juſtice; & the whole Iſſue of matters in Controverſy muſt be determined by a Jury of the Neighbourhood, viz. Twelve men of Honeſty and Wiſdom, that ſo the Kings Subjects may receive no Wrong by Knaves or Fools; and in ſome great Criminal Caſes, the Priſoner or Accuſed Party is allowed by Law to except againſt a great Number of the Perſons, who are Summoned to be of his Jury, without ſhewing any Reaſon, but only becauſe he doth not like them; and may after that Number is Expired, except againſt many others upon ſuch Reaſons as the Court can juſtly approve of. So tender is the Law of mens Lives, that good Proviſion is made for the Right Adminiſtration of Juſtice; that ſo the Innocent may be acquitted, and none but the Guilty may be puniſhed; unleſs the King extend Mercy in Pardonable Caſes, in hope of the Offenders Amendment.
V. And this further muſt be conſidered, that one part of the Law-makers are the Houſe of Commons, who are Choſen by the People, and have power to prepare Bills for the Conſent of the Houſe of Lords, and alſo to Accept or Reject Bills from the Houſe of Lords, before they are Preſented to his Majeſty for his Royal Aſſent; and therefore if any Laws be made that are not for the peoples profit, the Electors of ſuch Members of Parliament muſt Reflect upon themſelves for making ſuch a Choice, and look better to their Choice for the time to come.
VI. And ſometimes His Majeſties Leige People may Receive and Suſtain Damages and Wrongs, not becauſe the Laws are bad, but becauſe it is badly managed by ſuch as do not well underſtand the Laws; or elſe becauſe they may have ſome Antipathy in their minds againſt thoſe that are Proſecuted; and ſo, that they may Accompliſh their own wills againſt ſome particular perſons, do ſometimes venture to ſwerve from the true meaning of the Law.
VII. And for the good of the King and Kingdom, the Wiſdom of the Nation Aſſembled in Parliament doth ſometimes upon mature conſideration prepare Bills for Acts of Parliament, in which ſome former Laws are Confirmed and Explained, and ſome Laws are Repealed, and ſome New Laws are made.
VIII. Now therefore that Juſtice may be Rightly Adminiſtred unto all the Kings Subjects, it doth highly concern all Mayors of Cities and of other Corporations, as alſo all Juſtices of the Peace in the ſeveral Counties of this Realm, together with all other-Peace-Officers concerned in the Executing of the Laws, To make ſure of a Right Underſtanding of their ſeveral Offices according to Law, that as they may not come ſhort, ſo they may not go beyond that power the Law hath committed unto them, and ſo become needleſs Proſecuters and Troublers of the Kings Subjects to their ſhurt and dammage; though after great Charge and Expence, ſuch may be Releived by the Kings Honourable Judges, and it may be, thoſe that were their Troublers may pay for it afterwards to their Coſt and ſhame, when Juſtice ſhineth in the Kings Courts of Juſtice, being diſplayed impartially between the King and his Subjects, and alſo between Subject and Subject.
IX. In the Right Adminiſtration of Juſtice, it doth highly concern the Executors of the Laws, to conſider the Nature of the Offences puniſhable by the Law, whether they be great or ſmall, whether they be ſuch as are any way a hurt to the perſon of the King, or to the Publick Peace of the Kingdom, or whether they be ſuch things as tho' the Law doth count Offences yet in themſelves are not maters at all Criminal, viz. matters of Conſcience, by reaſon of mens Differing Opinions in matters of Religion, which in themſelves are no way hurtful to any mans Perſon, Name or Eſtate.
X. It is alſo to be ſoberly conſidered, what kind of perſons the Deemed and Reputed Offenders are, whether they do at all own and adhere to any Forreign Jurisdiction, or whether they do own and approve of the Kings Majeſty as the Supream Governour of this Realm, and all other his Dominions and Countries, in oppoſition to the Pope, and all foreign Jurisdiction; who though they may in ſome things of Religion differ from ſome matters of Worſhip as Eſtabliſhed by Law, are yet known to be ſuch as fear God and Honour the King, and profeſs, practice, and promote the Proteſtant Religion, and are ready to aſſiſt and maintain the Government in the Peace and Tranquility of it, both with Perſon and Purſe, as hath been demonſtrated by the Proteſtant Diſſenters in general; and that in a time and times of great Diſtreſs; when they have been ſeverely Proſecuted in City and Country, to the very great dammage of many good Families, who deſire to live and dye his Majeſties Peaceable Subject.
But it may be ſome will object and ſay, That the Diſſenters have been Troublers and Diſturbers of the Government, and ſo call to Remembrance the Inſurrection that was made by Venner and his Party in the City of London.
Unto which a ſatisfactory anſwer may be returned, and therefore pray let theſe following things be conſidered in the behalf of the generality of the Proteſtant Diſſenters.
1. That the Inſurrection of Venners Party was condemned by the Diſſenters throughout the Kingdom, as an Act of great violence and wickedneſs.
2. That Conſpiracy was but by a few, viz. 29. who were known to be men of fiery Spirits and ſwimming Brains, and would fain have been at the ſame work in the time of Oliver Cromwell, if he had not very timely prevented it.
3. Though they were Diſſenters, yet it is well known, that they were fierce-ſpirited men againſt all other Diſſenters that were not of their deſperate minds.
4. The Law hath taken hold of them, and their perſons have been puniſhed ſeverely for that deſperate practice, and the Diſſenters in general throughout this Realm were not concerned in that Buſineſs.
5. It is not at all fair, that any Party of men ſhould be charged with, and condemned for the fooliſh raſh Proceedings of ſome that may be called by the ſame diſtinguiſhing name; for ſuppoſe ſome Presbyterians, ſome Independants, ſome Anabaptiſts, and ſome Quakers, ſhould Conſpire againſt the Government, it will not be fair dealing to deem that all of thoſe names are all alike in ſuch bad things.
For by this Rule, all French-men, Scotch-men, Iriſh-men, and other Countries muſt be deemed Enemies to the Government, becauſe ſome have been proved to be ſo; yea according to the aforeſaid Rule, all ſorts of Tradeſmen, Gentlemen, Clergymen, Knights, Lords, Earls, Dukes, though good Members of the Church of England, muſt be cenſured and feared to be Traytors, becauſe ſome of ſuch degrees and qualities have been proved to be ſuch Criminals; but as this is far from Chriſtianity, ſo it is very far from good humanity: it is enough that thoſe and only thoſe who are the Criminals be puniſhed according to their Crimes, and as for all others who are not concerned in ſuch Crimes, tho they be under the ſame Denomination Reſpecting Degrees in the World, or in matters of Religion, yet they ought to be eſteemed and favoured as Loyal Subjects to the King, although there may be ſome matters of Religion that the Law doth account Offences.
XI. That Juſtice may be Rightly Adminiſtred, and Oppreſſion may be avoided, the nature and weight of the puniſhments inflicted by Law, ought to be well conſidered, and compared with the Offences, eſpecially if there be ſeveral ways of puniſhment for one and the ſame Offence; and if the Executors of the Law, be left at liberty to take which way they pleaſe, of the greater or ſmaller puniſhments: For as much as it ſavoreth too much or Severity, if not Cruelty, for ſuch as profeſs Chriſtianity, to proceed violently one againſt another, when they may be more gentle and friendly to each other, eſpecially in matters of Conſcience, but it is to be lamented, that too many perſons, partly for want of Underſtanding in the Law, and partly by reaſon of violent ſpirits, inſtead of being Legal and Merciful Proſecutors, are dreadful Oppreſſors & Perſecutors of ſuch as are their Fellow Proteſtants.
XII. Now for as much as the poor Proteſtant Diſſenters are Proſecuted and ſo are diſtreſſed by divers Laws that are put in Execution againſt them; let thoſe Laws be ſoberly conſidered, together with the perſons and things for which they are Proſecuted, that ſo neither the Laws nor the Kings Subjects may be abuſed by reaſon of the inconſiderate Proceedings of thoſe that have not ſuch a good Underſtanding of the Laws as they ought to have, for the well managing of that Office or Authority they have arrived unto. And beſides ſuch ignorance in the Law, men in Authority are ſometimes attended with ſuch diſpleaſure of mind, as may be called ill-will, againſt ſome perſons that they may be concerned with, in the exerciſe of ſuch Authority; and ſo are apt to go beyond the Law, and beyond the Right Execution of that Authority that the King and the Law hath inveſted them with.
And therefore a particular Account of thoſe Statutes by which the Proteſtant Diſſenters are Proſecuted to their great dammage, for ſuch things as they do humbly conclude to be the matters of their God, with ſome ſober Conſiderations upon the ſaid Laws, take as followeth.
The Proteſtant Diſſenters are in ſome places Proſecuted by the Statute Anno primo, Reginae Elizabethae Chapter 2. paragraph 14. where it is Ordained, That all and every Perſon and Perſons inhabiting within this Realm or any other the Queens Dominions ſhall Reſort to their Pariſh Church or Chappel, or to ſome uſual place where Common-Prayer and ſuch Service of God ſhall be ſued upon every Sunday and other days, ordained and ſued to be kept as Holy-days, and then and there to abide orderly and ſoberly, during the time of the Common-Prayer, Preaching or other Service of God, there to be uſed and miniſtred, upon pain of puniſhment by the Cenſures of the Church, and alſo upon pain that every perſon ſo offending, ſhall forfeit for every ſuch Offence Twelve-pence, to be Levied by the Church Wardens of the Pariſh where ſuch Offence ſhall be done, to the uſe of the Poor of the ſame Pariſh, of the Goods Lands and Tenements of ſuch Offendor, by way of Distreſs. And in Paragraph 20. It is Enacted, That no perſon or perſons ſhall be Impeached or otherwiſe Molested for any of the Offences in the ſaid Act, unleſs he or they ſo offending, be thereof Indicted at the next General Seſſions to be holden before any ſuch Juſtices of Oyer and Terminer, or Juſtices of Aſſize next after any Offence committed or done contrary to the Tenor of this Act.
Now for the better underſtanding of the aforeſaid Act, let the whole of it be peruſed as it is in the Statute-Book, however a brief account you ſhall have as followeth.
I. A confirmation of the Book of Common-prayer, and Adminiſtration of the Sacraments, as it was in the fifth and ſixth years of Edward the ſixth, ſee Paragraph 1, 2, 3.
II. That if any Parſon, Vicar, or Miniſter, ſhall Refuſe to uſe the ſaid Book of Common-Prayer, or to Miniſter the Sacraments in ſuch Order and Form as is mentioned in the ſaid Book, in any Cathedral or Pariſh-Church, or other places; or that ſhall uſe any other Form or Order of Celebrating the Sacraments, or that ſhall uſe any Mattens or Even Songs, or other publick Prayers then is mentioned in the ſaid Book, or that ſhall Preach, Declare or Speak anything in the Derogation or Depraving of the ſaid Book, or any part thereof; And ſhall be Lawfully Convict thereof by the Verdict of Twelve men, ſhall for his firſt Offence forfeit all his Spiritual Benefices or Promotions, for one whole year next after his Conviction, and ſhall ſuffer Impriſonment for the Space of ſix Months; and for ſuch Offence, a ſecond time being Convict, ſhall ſuffer Impriſonment a whole year; and ſhall be Deprived Ipſo Facto, of all his Spiritual Promotions: and for the third Offence, being Convict thereof, ſhall be Deprived of all his Spiritual Promotions, and ſuffer impriſonment during his Life.
And if the Perſon that ſhall offend ſhall ot be beneficed, nor have any Spiritual Promotion, and be thereof Convicted, ſhall ſuffer Impriſonment one whole year, for the firſt Offence, without Bail or Mainpriſe.
And if any ſuch Perſon not having any Spiritual Promotion, ſhall be Convict of ſuch ſecond Offence, ſhall ſuffer Impriſonment during his Life. See Paragraph 4, 5, 6, 7, 8.
III. It is further Enacted, That if any Perſon or Perſons whatſoever, ſhall in any Interludes Playes or Songs, Rhimes, or other Words, Declare or Speak any thing in the Derogation, Depraving or Deſpiſing of the ſame Book, or ſhall Compel, or Procure, or Maintain any Parſon, Vicar or other Miniſter, to ſing or ſay any Common or open Prayer, or to Miniſter any Sacrament otherwiſe, or in any other manner and Form then is mentioned in the ſaid Book, or ſhall by any of the ſaid meanes Interrupt of Let any Parſon, Vicar, or other Miniſter, to ſing or ſay Common or open Prayer in any Cathedral, or Church, or Chappel, or any other place; ſhall for the first Offence being Lawfully Convict thereof, Forfeit an hundred Marks, and for the ſecond ſuch like Offence forfeit four hundred Marks, and for the third Offence being Lawfully Convict, ſhall forfeit all his Goods and Chattles, and ſuffer Impriſonment during Life. See Paragraph 9, 10, 11.
IV. That it is further Enacted, That whoſoever of the Inhabitants of this Realm, &c. that ſhall not come to their Pariſh-Church or Chappel, or other place of Common-Prayer, where it uſually ſaid, ſhall forfeit Twelve-pence for every Sunday and Holy-day. See Paragraph 14.