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A54203 The reasonableness of toleration, and the unreasonableness of penal laws and tests wherein is prov'd by Scripture, reason and antiquity, that liberty of conscience is the undoubted right of every man, and tends to the flourishing of kingdoms and commonwealths, and that persecution for meer religion is unwarrantable, unjust, and destructive to humane society, with examples of both kinds. Penn, William, 1644-1718. 1687 (1687) Wing P1352; ESTC R23116 25,930 41

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Embassador for the use of the Eucharist in both kinds had so much kindness for Toleration that he gave for answer to the Embassador That he had always thought the use of the Sacrament in both kinds and liberty for the Priest-hood to Marry were things indifferent and as depending rather upon the Decrees of the Fathers then upon Divine Authority might be altered according to the constitutions of Times and alteration of Customes And in the Council of Trent several of the wisest and chiefest of the Prelates stiffly argu'd against the Prohibition of the Use of the Cup affirming those to be void of Christian Charity who stood so strictly and so nicely upon a particular Ceremony the granting of which might prevent the Effusion of much Blood and recover into the Bosom of the Church many that were fallen from Her. And thus what Scripture and Humane Authority justify Common Reason is no less ready to uphold For first If the word of God be the sole Rule of Faith and no Humane Authority be so highly impowr'd as to bind up our Assents to whatever Interpretations shall be propos'd then of necessity it follows that every Christian indifferently has an equal Interest in the will of the Creator so that no particular Person has a right to impose a force upon the judgment of his Brother Thus one holds the Baptizing of Infants to be necessary another deems it lawful a third denies both these Opinions yet admitting that it may but that there is no necessity it should be done therefore they conferr Texts and examine the Original yet after all diligence used they still are but where they were Now what reason can there be to advise Persecution for such a difference as this Besides There are several Disputes upon various Points of Christianity that cannot be cleard to any man by Arguments meerly natural as being matters of Fact such are the Miracles and Resurrection of Christ the Real Presence c. For the belief of which therefore there is a need of Faith which is the Gift of Grace and not of Nature which being so and seeing more-over that it is not within the power of Man to give a reason why some Men believe and others are of a contrary Opinion it cannot fall under the Imagination of Man that either the defect or surplusage of belief which may perhaps glide into Superstition which of the two so'ere be the cause of the difference should be subject to the Punishment of Human Laws for tho both have the same outward helps and means to inform themselves yet the potent cause is in the will of God who will have Mercy upon whom he will have Mercy and whom he will he hardens And therefore for this cause it was that Tertullian avers that the New Law of the Gospel does not call for the Sword to revenge the Injuries done it And Sisibutus King of Spain was justly tax'd for compelling the Jews to Christianity by the coercive power of the Sword when he ought to have won them to the Faith by meek and gentle Perswasions In the next place this violent and rigorous Proceeding and tyrannizing over the Consciences of Men is contrary to the purpose of God in the Order of the Creation who made and ordain'd all Man-kind free from Bondage and never advanc'd him over all the Works of his Creation to be a contemptible Slave to the Will of his fellow Creature even in things Temporal much less in matters Spiritual and relating to Eternity So that this same actual Violence of Imposing by force in matters of Faith Worship and Duty to God of one Man upon another or of some Persons over all is an Act of the highest Presumption imaginable that goes about to subdue to Bondage and Slavery those that are Created by God to equal Priviledges and Immunities with themselves subjecting them by Oppression not to the Divine Will of the Creator but to the Will Ambition and Interest of Mortal Creatures no less fraile and subject to Error then they over whom they affect illegal Dominion A thing which is quite contrary to the most pure and perfect order of the Creation which was altogether blessed From which whatever is degenerated by Corruption or has deviated by Temptation from that pure and regular Order either in things Temporal or Divine must be included within the curse of Sin and be lookt upon as an opposing the Creator himself And of this nature is Compulsion exercised in Spiritual matters as being the highest product of degenerate Usurpation and the grandest swerving imaginable from the chief design of the Creation For without all question the Creator himself reserved and retained in his own power alone the priviledge of Supremacy over the Inward Man in all matters touching Immortality that he might be the only Lord in that case to give Spiritual Laws and to command the Souls and hearts of men in reference to his own Worship and that Obedience which is due to himself so that of necessity it must be a Usurpation of the Creators rightful Dominion a robbing Him of his Dignity and Prerogative an act of Violence against his Soveraignty and a bold intruding into his proper Right for any Persons to assume to themselves Dominion and Authority over others by Commanding and Imposing in Spiritual matters upon their Consciences in the Worship and Service of God. Add to this that Force is Punishment and consequently unjust unless the offence be voluntary but he that believes according to the evidence of his own Reason is necessitated to that Belief and to compel him against it were to compel him to renounce the most essential part of man his reason And that same injunction would be altogether vain To hold fast that which w● find to be best if after the most serious and deliberate Election we must be whipt out of our Consciences by Penalties 'T is but odly done to Preach a company of poor Souls into just so much Liberty of Scripture as may suffice to beget their torture and not permit them to rest where they find their satisfaction Either utterly prohibit the search or let them enjoy the benefit of it To believe what appears untrue is somewhat impossible but to profess what we believe untrue is absolutely damnable Nor is it one of the least arguments against Compulsion of Conscience that it breaks the bands of civil Society and annihilates all manner of Love Unity Fellowship and Concord among men Neighbours are at enmity among Neighbours Brethren with Brethren and Families are divided among themselves Princes and their Subjects Rulers and their People are at discord and debates that many times turns to absolute Disobedience and Rebellion while the one labours to Impose the other to keep off the Oppression Men says Zenophon resist none with greater animosity then those that affect to Tyrannize over their bodies more especially such as seek to establish an illegal Dominion over their minds and Consciences They contend pro Aris in the
Morals the beginning is the end of the Operations and so the Ultimate end is the first Principle of such Actions but the Common Good or Felicity of a City or Kingdom is the Ultimate end of it in its Government therefore it ought to be the first beginning of the Law and therefore the Law ought to be for the Common Good. Now it is apparent that the Penal Laws were made only for the particular good and felicity of the Church of England men all others being by them excluded from the benefit of their native Priviledges that could not in Conscience conform to the Ceremonies of their Worship to the Ruin and Vexation of many thousands which was positively against the Common Good and Felicity of the Nation and general Community of the People divided only in some points of Religion but in an equal poise of Obedience and Loyalty to the Supream Magistrate and therefore justly deserving equal share of provision by the Laws for their Security and Protection And therefore unless it can be prov'd that it is for the Common Good and Benefit of the whole Nation that men should be persecuted to uphold the Hierarchy of the Church of England the Penal Laws are unduly made and therefore as of no force to be repeal'd and annul'd Therefore the Intention of the Divine Laws might have taught the Promoters of these Penal Statutes better and more Christian Learning for therefore are Prelates call'd Pastors because they ought to lay down their Lives for the good of the Sheep not the Sheep to lay down their Lives for the good of them they are call'd Dispensers and not Lords Ministers of God not Primary Causes and therefore they ought to be conformable to the Divine Intention in the Exercise of their Power God principally intends the Common Good of men and therefore his Ministers are bound to do the same They are Tyrants not Governours in the Church while they seek their own Support and not the Common Benefit As to the Injustice of the Penal Laws experte Materiae in commanding those things which ought not to be observed this Axiom from thence arises That no unjust Law can be a Law and then there lies no obligation to accept it or to observe it if accepted for that the Subjects are not only not bound to accept it but have it not in their power when the command is clearly and manifestly unjust as when men are commanded not to meet above such a number under such a penalty for the Exercise of their Religion according to their Consciences This is an Evil Command because it debars men from the free Worship of God for unless it could be prov'd that the Religion of the Church of England is the only True Religion in the World and they the only Infallible Ministers upon Earth it is unjust in any Law to constrain others to believe that which may be as Erroneous in them as what the other professes For tho I may believe the Liturgy of the Church of England to be the purest form of Supplication under Heaven yet another may not believe so neither is it a Crime in him to believe otherwise We have said that the Penal Laws are defective in point of Honesty which is another reason why they are invalid and therefore to be annull'd For the Immorality of the Precept is contrary to God himself because it includes a Crime and a Transgression against God and therefore ought not to be observ'd as no way obligatory seeing that it behoves us to obey God rather then Man which is the reason these Laws ought not to be observed as contradicting our Obedience to God and subjecting us to the Compulsions of Men. In the last place no Law can be valid beyond the Intention of the Legislators Now it is not rational to think that those Persons who made the Penal Laws upon a presumption of danger from Factious and Turbulent Spirits ever intended those Laws sor the punishment of those that liv'd peaceably and obediently toward the Government in all the Passive Duties of good Loyal Subjects for that had been to make Laws for the punishment of good men which was never the design of any just and vertuous Legislator in this World. Now then the Presumption of the danger being remov'd by his Majesties most Gracious Indulgence the Foundation of the Penal Laws are remov'd and consequently the Obligation to them for it is not to be imagin'd that the Framers of these Laws ever meditated to Establish the Dominion of a Spiritual Oligarchy upon the Ruin of so many Families of Pious and Religious People and therefore the suspitions which were the grounds of these Laws being vanish'd the Laws themselves are to be laid aside as altogether vain and frivolous and such as have only serv'd to gratify the Revenge and Animosity of their promoters for we never hear'd of Traytors or Factious Persons that were ever try'd upon those Laws there being others of greater force to take hold of such Criminals As for the Test it appears to be an Oath continued to prevent the sitting of any Commoner or Peer in either of the Houses of Parliament from coming into his Majesties Presence or Court and from bearing any Office or Imployment Military or Civil in any of his Majesties Realmes of England or Ireland c. And they that are to take this Oath are thereby to abjure the belief of Transubstantiation Invocation or Adoration of Saints and the Sacrifice of the Mass c. The Learned are of Opinion That to make an Oath binding it is requisite that it refers to things Lawful for that if the thing promised upon Oath be forbidden either by the Law of Nature or by the Divine Laws or Interdicted by the Laws of Men it has no power to oblige the Swearer Now the Q●●●●●●n will be whether this Oath does not positively 〈…〉 Laws of the Land by enforcing a Peer of the Realm or any other free-born English-man of lower Degree to ac●use himself with so strong and dangerous a Temptation to Perjury where the Choice is only this Either to forswear their Religion or lose their Native Priviledges and Preferments and all possibility of advancing their Fortunes A piece of severity that constrains the inward Belief of the Mind which God the searcher of all Hearts has resorv'd to himself That this is an Act contrary to the known Laws of the Land is undoubtedly true as is apparent from the great Charter and several Statutes of the Realm therefore the Test has no power to oblige the Swearer and consequently to be repeal'd as Useless That it is against the Law of God is apparent from hence for that there is nothing more strongly prohibited in Scripture then to ground a Penal Prosecution upon the enforc'd Oath of the Party without Witness or Accuser In the next place it seems a hard case to oblige the Papist to Swear away his Religion before he has another provided for him by those that