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A51059 A Moderate and safe expedient to remove jealousies and feares of any danger or prejudice to this state by the Roman Catholicks of this Kingdome and to mitigate the censure of too much severity towards them, with a great advantage of honour and profit to this state and nation. 1646 (1646) Wing M2322; ESTC R28830 7,223 17

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well secured of these encouragements to help them to overcome many other difficulties and incommodities which attend a new Plantation This will much mitigate the censure which Forein States of that profession in Religion may have of this government in respect of the severe proceedings against the said Roman Catholicks here for their Religion And may remove as well divers obstacles in future Treaties with some of those States which perhaps have heretofore arisen between this and them in contemplation of the said Roman Catholicks as all Designes which any such State may have upon them for the disturbance of the peace of this Kingdome while they remain under heavie burthens here And this favor shewed unto them will certainly oblige the said Roman Catholicks in a strong bond of fidelity to their Native Countrey To conclude by this means a tender conscience shal not be violenced a suspected party will be removed an unity in this nation the more confirmed an increase of the dominion of this Crown acquired and with these the end of all those Laws against Recusants viz. Their decrease in this Kingdom more speedily brought to effect which hath been long but with smal successe endeavoured Obiections Answered touching MARILAND Object 1 IT may be Objected that the Lawes against the Roman Catholikes were made in order to their conformity to the Protestant Religion for the good of their Soules and by that meanes to free this Kingdome of Popery rather then of their persons but such a Licence for them to depart this Kingdome and to go into Mariland or any Country where they may have free liberty of their Religion would take away all hopes of their conformity to the Church of England It is evident that Reason of State for the safety of the King and Kingdome more then of Religion was the cause and end of those Lawes for there are no such against divers other professions of Religion in England although they be as different from the Doctrine of the Protestant Church established by Law in this Kingdome as that of the Roman Catholiques is And this Reason of State appeares also in the nature of most of those Lawes for they expresse great doubts and jealousies of the said Roman Catholiques affection to and dependance on a Forraigne power and tend therefore most of them to disinable them by confining disarming c from plotting or doing any mischiefe to the King or State and to secure their allegiance to the King by oathes c. and the penalties of divers of them are abjuration of the Realme which puts them out of the way of conformity to the Church of England Moreover conversion in matter of Religion if it bee forced should give little satisfaction to a wise State of the fidelity of such Convertites for those who for worldly respects will breake their Faith with God doubtlesse will doe it upon a fit occasion much sooner with men and for voluntary conversions such Lawes could be of no use wherefore certainely the safety of King and Kingdome was the sole ayme and end of them Object 2 Such a Licence will seeme to be a kinde of tolleration of at least a connivence at Popery which some may find a scruple of conscience to allow of in any part of the Kings Dominions because they esteem it a kinde of Idolatry and may therefore conceive that it would scandalize their Brethren and the Common people here Such scrupulous persons may aswell have a scruple to let the Roman Catholiques live here though it bee under persecution as to give way to such a Licence because banishment from a pleasant plentifull and ones owne native Country into a Wildernesse among Salvages and wild Beasts although it proceed in a manner from ones own election yet in this case where it is provoked by other wayes of persecution is but an exchange rather then a freedome of punishment and perhaps in some mens opinions from one persecution to a worse For divers Malefactors in this Kingdome have chosen rather to be hanged then to goe into Virginia when upon that condition they have bin offered their lives even at the place of Execution and they may with more ground have a scruple of conscience to let any of the said Roman Catholiqiues to goe from hence into France which few or none certainely can have in contemplation of Religion only and this Parliament hath given Passes to divers of them for that purpose hat being more properly the Kings Dominions then is all that great part of North America wherein Mariland is included unto which the Crown of England layes claime upon the Title of discovery only except such part thereof as is actually seated and possessed by some of his Subjects and therefore in the Preamble of the Lord Baltemores Patent of Mariland the enlargement of the Kings Dominions is recited as a motive of the Grant which inferres that it could not so properly bee esteemed his Dominions before as when by vertue of such a grant it should be planted by some of his Subjects And if it be all the Kings Dominions notwiahstanding then why have not such scrupelous persons a scruple to suffer the Indians who are undoubted Idolators as they doe to live there which if they cannot conveniently prevent as without question they cannot unlesse it be by granting such a Licence they may aswell suffer those whom they esteem Idolators as those whom they and all other Christians whatsoever repute and know to be so to inhabit and possesse that Country Moreover they may also aswel as in this have a scruple to treat or make or continue a League or to Trade with any Forraigners of that Religion because in their oppinions they are Idolators or to permit the publique Ministers of any such Forraigne Prince or State to have the free exercise of their Religion while they are in England and may feare giving scandall to others by such tollerations or connivences All which neverthelesse we see done even in these times and allowed of aswell by the Parliament as the King upon ●eason of state for the good and safety of this Realme So may this Licence bee also thought by such persons a good expedient for the same purpose And if any of the weaker sort should be scandalized at it the scandal would be acceptum not datum and therefore not to be regarded by a wise and judicious Prince or State Object 3 By it the Kings Revenue will be impaired in loosing the benefit which the said Lawes give him out of Recusants Estates while they continue in England of that profession of Religion The end of those Lawes was not the Kings profit but as is said before the freeing of this Kingdome of Recusants which deprives the King of an● benefit by them so as his Majesty will have no wrong don him by such A Licence because he will loose nothing by it of what was intended him by the said Lawes this is no ancient Revenue of the Crowne for it had inception
A MODERATE AND Safe Expedient To remove Jealousies and Feares of any danger or prejudice to this State by the ROMAN CATHOLICKS of this Kingdome And to mitigate the censure of too much severity towards them VVith a great advantage of Honour and Profit to this State and Nation Printed in the Year of our Lord 1646. A moderate and safe Expedient c. IF it please the Parliament to take the condition of the Roman Catholicks into serious consideration they may perhaps finde cause to give them liberty of conscience in England or as much toleration at least as people of that profession have in Holland which is little lesse then a liberty of conscience although that State might perhaps finde more reason then the State of England hath to be jealous of such persons but by experience the Hollanders finde that way to succeed well with them Neverthelesse in case the Parliament shall not think fit to do so they may be pleased to give to so many of them as will accept thereof free publick leave to transplant themselves families and estates into Mariland a Province in America above 3000 miles distant from England upon these ensuing considerations both of the reasons for their departure and of such encouragements as are requisite to enduce those of that profession here voluntarily to transplant themselves thither In regard they are conceived dangerous persons to this State according to the Policy and Religion of the present government it were better they should willingly banish themselves from hence then that they should continue here obnoxious to it and so the intention of the lawes made against them for and in respect of their Religion may be with lesse imputation of severity fulfilled For certainly the chief if not only end of those lawes was to free this Kingdome as much as might be of such persons and not to enrich the King much lesse to satisfie any thirst of blood no more then of any other penall laws made against any subjects that are Protestants It may be doubted that those who live in pain will contrive and endeavour by all the meanes they can to ease themseves and therefore the more ready way to remove the fears and jealousies which this State hath of the said Roman Catholicks is not to keepe them here under the heavie burthen of the penall Laws made against them for their Religion but either to let them enjoy here the rights and liberties of other free-born subjects or else to give them leave to go into another countrey where they may enjoy them That they should on that Condition have leave also to dispose of their estates here aswell as to goe from hence is but just and reasonable and agreeing with good policy For conformity to the Church of England which at any time exempts them from the penalty of the said lawes and banishment have both one effect as to the prime end of those Lawes to wit the decrease of Roman Catholiques in England and it was not their being Roman Catholiques but their being soe in England which caused the said lawes wherefore ablata causa t●llitur effectus in this case may be a just plea for them and their persons and estates without which they can subsist no where have too neer a relation to one another to be voluntarily parted so as to deny this is in effect to deny them leave to go to force them away without their estates might make them have animum revertendi which affection in desperate discontented persons might perhaps be of ill consequence to England Moreover to give them leave to go and to deny them leave to dispose of their estates might bring a dishonourable imputation on this State in making the World believe that the lawes here against Recusants were made or at least wise now made use of for lucre only and not for advancing the Gospel And the Honourable Houses of Parliament may be pleased in this case of voluntary banishment to allow the said Roman Catholicks as much favour as the Spaniards did the Moores in theirs which was compulsive who notwithstanding had free leave to dispose of their estates in Spaine before their departure from thence If the Parliament shall not think fit to let them dispose of all their estates especially such as have born arms against them then it may be required that upon the sale a competent proportion of the value be paid to the use of the State And no doubt many good bargains will by this means be afforded to Protestant Purchasers together with an unquestionable title from the true owners To let them go to Mariland is better then that they should go into any Forein Princes Dominions because it will not be for the honour nor perhaps for the safety of England to permit another Princes Territories to be supplyed with people by any considerable number of the Natives of this Kingdome Whereas the planting of the said Roman Catholicks in Mariland which hath a dependance on the Crown of England Will conduce much to the honour and profit of this State and Nation by enlarging the Dominions thereof by encrease of trade and shipping by vent of our native commodities by importation of others and consequently by improvement of customes for they cannot subsist in Mariland without yearly supplies of many necessaries from England and at so remote a distance no danger from them to this Kingdome can rationally be feared and they will certainly rather stay still in England in any condition then go into any other of the Kings dominions where they cannot have the liberty of their conscience or be in any hazard of restraint thereof either in present or future for that were but to exchange the place and an enlargement of their miseries Publick license and approbation of the Parliament to depart and make provisions is requisite and necessary in this case for them and an Ordinance where by they may be enabled notwithstanding other Ordinances laws Sequestrations as also Entailes to dispose of their estates here and assured that they shall have no molestation in their passage from hence nor in their residence and abode in Mariland but all just protection from this State and that they may freely enjoy there the benefit and priviledges of that government which is appointed for that Province by his Majesties Charter to the Lord Baltemore a Roman Catholick it being in the nature of a County Palatine depending on the Crowne of England and invested together with the land in the said Lord Baltemore and his heirs by patent in the 8th yeare of this Kings raigne that upon confidence thereof they may transplant themselves thither For otherwise they will not dare to adventure upon such a designe for fear that when with much hazard toile and expence they shall have disposed of themselves tha● way and perhaps made themselves uncapable of subsisting any where else they may through want of such assurances be utterly ruined and they had need to be very