NONCONFORMITY Not Inconsistent WITH LOYALTY OR Protestant-Dissenters NO SEDITIOUS OR DISLOYAL SECTARIES EVIDENC'D IN A SOBER DISCOURSE upon those STATUTES by which the Protestant-Dissenters are Prosecuted at this Day Humbly offered to the Candid Consideration of all Protestants whether Conformists or Nonconformists By JAMES JONES a Protestant-Dissenter and now a Prisoner in Wood-Street-Compter for Nonconformity Esther 3.8 9. And Haman said unto King Ahasuerus There is a Certain People Scattered abroad and Dispersed among the People in all the Provinces of thy Kingdom and their Laws are divers from all the People neither keep they the Kings Laws Therefore it is not for the Kings profit to suffer them If it please the King let it be written That they may be Destroyed Isa 42.22 But this is a People robbed and spoiled they are all of them snared in holes and they are hid in Prison-Houses They are for a Prey and none delivereth and for a Spoil and none saith Restore LONDON Printed for the Author and are to be Sold by William Bateman and most Booksellers 1684. To all Sincere Protestants whether they be Conformists or Nonconformists Fellow Protestants I Do humbly present to your sober consideration a Brief Discourse concerning several Statutes by which they Protestant Dissenters are Prosecuted to the very great dammage of multitudes of Families who are his Majesties Faithful Subjects and can Appeal to God and the King that they are persons of Loyalty notwithstanding their Nonconformity And as it is Recorded concerning Holy Daniel who was the great Nonconformist of that day Dan. 6.5 That he could not be fairly accused of any matters to make him a criminal except it were concerning the Law of his God Even so it may be truly said of the Nonconformists in England however they may be Reproached and be spattered as a Seditious and Rebellious People But it is well known that it is no new thing for such as fear God and are greatly favoured by God to be miscalled Jerusalem which was the City of the Great King viz. God the King of Kings Mat. 5.35 was called the Rebellious and Bad City Ezra 4.12 and in verse 19. A City of Insurrection Rebellion and Sedition And Jesus Christ was charged with Blasphemy Mat. 26.56 and called a Deceiver Mat. 27.63 And the Apostle Paul was called a Postilent Fellow a Mover of Sedition and a Ring-leader of the Sect of the Nazareens Acts 24.5 and his way of Worship was called Heresie verse 14. And no marvel if it be so in those our days But now it will be Replyed by some that the Protestant Dissenters are in a Conspiracy and Bloody Plot against the Kings Person and Government Vnto which let this answer be Considered That although some particular persons that have been counted Dissenters may be so wickedly concerned yet that is no proof that this is the Dissenters Plot no more then because some of the Church of England may be proved to have been in such a Conspiracy it can be called the Church of England's Plot which to affirm would be very wicked and abominable for it would render the Church-Protestants no better than Traytors However if either any of the Dissenters or of the Church-men should be so wicked as to be really guilty let them suffer the Justice of the Law that others may bear and fear and do no more so wickedly But God forbid that a whole Party of any sort of People should be charged with the wickedness of some of the same Party Simeon and Levi were guilty of a horrid and Bloody Fact in cutting off Hamor and Shechem which was the Prince of that Land and his Son and they also cut off the Inhabitants of that City where they Ruled because that Shechem the Son of Hamor had defiled Jacobs Daughter See the whole Story in Gen. 34. But it would be a very unrighteous thing to charge good old Jacob with this Bloody Crime because he it as their Father or to charge the rest of his Sons because they were Simeon and Levi's Brethren It is enough that they who be really guilty of any Crimes be charged with them and be Prosecuted so as to suffer justly for them And besides this it must be considered that such as have been innocent persons have been Accused of high Crimes and have suffered death as for instance Naboth was accused that he had Blasphemed God and the King and was stoned to death for it when indeed it was a Plot invented by Jezebel and managed by the Elders of the City where Naboth dwelt See 1 Kings 21. v. 9 10 11. And thus we find it concerning our Blessed Saviour he was Accused that he said he would destroy the Temple which was made with hands and within three days build another without hands Mark 14.58 Now Christ had spoke of Destroying and Raising of a Temple in three days see John 2. v. 19. Jesus answered and said unto them Destroy this Temple and in three days I will raise it up v. 21. But he spoke of the Temple of his Body Thus we have two famous Instances of false Accusations concerning words Naboth was Accused of words that he never spoke Christ was Accused of some words he had spoke but the Accusation was not just as the words were spoken for though he spoke of a Temple and destroying of it and raising of it he did not say the Temple that was made with hands neither did he say that he himself would destroy any Temple but he spoke to the Jews who he knew would destroy his Body and said to them Destroy this Temple and as for Raising of it up that he said should be his own work And I will Raise it up in three days But he was Prosecuted for saying he would destroy the Temple of Solomon and build it in three days when it was no such thing And in our English Chronicle it is stoired of a good House-keeper or in the Reign of King Edward the Fourth that told his Son who was a Child saying Thou art Heir to the Crown meaning his house which was the sign of the Crown in Cheap-side But the Honest Citizen was Accused of Treason and suffered Death as a Traytor See bakers Chron. However it must be confest that Trayterous Designs have been too many times managed against the Kings of several Kingdoms and against the King of England in particular and whosoever can be proved really guilty thereof ought to suffer according to their Crimes But as for my own part who do profess my self a Protestant Dissenter I do solemnly profess before Almighty God that I do with my Soul abhor all acts of violence to the meanest of the Kings Subjects and do deem it ten thousand times worse to offer any violence to the Person of the Kings Majesty 1. Because of the Greatness of his Person he being by the Providence of God the Head of the Nation 2. Because the shedding of his Blood and taking away of his Life is the
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 Clergy-men 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
Majesties Laws or shall by Printing Writing or Express Words or Speeches Advisedly or purposely Practice or go about to move any of her Majesties Subjects or any others to deny withstand or impugn her Majesties Power and Authority in Cases Ecclesiastical or shall Advisedly and Maliciously move or perswade any other Person to forbear to come to Church to hear Divine Service or the Communion according to her Majesties Laws or to come to or be present at any Vnlawful Assemblies Conventicles or Meetings under Colour or Pretence of any Exercise of Religion contrary to her Majesties said Laws and Statutes or shall willingly join in or be present at any such Assemblies Conventicles or Meetings that then every such Offender being Lawfully Convicted shall be Committed to Prison there to Remain without Bail or Mainprize until they shall Conform and Yield themselves to come to some Church or Chappel or usual place of Common-Prayer and hear Divine Service See Paragraph 1. 2. It is Provided in the same Statute That if such Offender so Convict as aforesaid shall not Conform in coming to Church to hear Divine Service and to make such open Confession as is after appointed by this Statute being Required thereunto within the Space of three Months after Conviction by the Bishop of the Diocess or any Justice of Peace of the County where the Person shall happen to be or by the Minister or Curate of the Parish That then every such Offender upon his being warned and Required by any Justice of Peace of the same County shall upon his Corporal Oath abjure this Realm and all other her Majesties Dominions and Countreys and shall not Return without Licence from her Majesty See Paragraph 2. 3. It is Provided That if such Offender shall Refuse to make such Abjuration as aforesaid or after Objuration made shall not depart out of this Realm according to this present Act or after such his Departure shall Return again without her Majesties Licence that then in every such Case the Person offending shall be Adjudged a Fellon and shall suffer as in the Case of Fellony without the Benefit of Clergy See Paragraph 3. 4. It is further Enacted That if such Offender before he or they be so warned or Required to make Abjuration shall Repair to some Parish-church on some Sunday or Festival Day and there hear Divine Service and make Publick and open Submission and Declaration of his and their Conformity that then the same Offender shall be clearly discharged of all the Penalties and Punishments Inflicted or Imposed by this Act. The Form of Submission is as followeth See Paragraph 4. 5. I A B. Do humbly Confess and Acknowledge That I have grievously Offended God in Contemning her Majesties Godly and Lawful Government and Authority by absenting my self from Church and from hearing Divine Service contrary to the Godly Laws and Statutes of this Realm and in using and frequenting Disordered and Vnlawful Conventicles and Assemblies under Pretence and Colour of Exercise of Religion And I am heartily sorry for the same and do Acknowledge and testify in my Conscience That no other Person hath or ought to have Power over her Majesty and I do promise and protest without any dissimulation or any Colour or means of any Dispensation that from henceforth I will from time to time obey and perform her Majesties Laws and Statutes in Reparing to the Church to hear Divine Service and do my utmost indeavour to maintain and defend the same See Paragraph 5. 6. It is also Provided by this Act. That no Popish Recusant or Feme-Covert shall be Compelled or bound to Abjure by Vertue of this Act See Paragraph 12. 7. It is further Provided by this Statute That every Person that shall Abjure or Refuse to Abjure being Required thereunto as aforesaid shall forfeit and lose to her Majesty all his Goods and Chattles for ever and shall further lose all his Lands Tenements and Hereditaments for and during the Life only of such Offender no longer and that the Wife of such Offender shall not lose her Dower and that the Heir of such Offender after the Death of such Offender shall have and injoy the Lands Tenements and Hereditaments of such Offender From this Statute let these things be Considered 1. That it is Evident this Statute was made for the punishing of sueh as were not at all accounted Papists or Popish Recusants and this will appear in these following Reasons First Because the design of the Statute was for the preventing and avoiding of great Inconveniencies and Perils as might happen and grow by the wicked and dangerous Practices of Seditious Sectaries and disloyal Persons Now this word Seditious Sectaries doth distinguish some Persons from those that by the Law of this Realm are called Papists or Popish Recusants Secondly Because Popish Recusants are exempted from Abjuring of the Realm by vertue of the aforesaid Statute which is a plain Demonstration that the Severity of this same Law was made and intended for such as were not Papists or Popish Recusants and therefore good Reason to conclude that those other Statutes in which mention is made of the Popish Party were made only against them and not against such as are in this Statute called Sectaries who are not Papists 2. Consider how those persons are described for whom the punishments of this Statute are Provided viz. Seditious Sectaries and Disloyal Persons See Paragraph 1. And for as much as this Law hath been put in Execution against the Protestant Dissenters it is meet to inquire whether they are in very deed such persons viz. Seditious Sectaries and Disloyal Persons It is one thing for persons to be called and reputed such and another thing to be such indeed and in truth The city of Jerusalem was called and counted a City of Rebellion and Sedition See Ezra 4.19 The Blessed Apostle Paul was Accused of Sedition and being a Ring-leader therein see Acts 24.5 For we have found this man a Pestilent Fellow and a Mover of Sedition among all the Jews throughout the world and a Ring-leader of the Sect of the Nazareens thus it is evident from the Holy Scripture that the best of persons have gone under the worst names being deemed such as indeed they are not our Lord and Saviour Jesus Christ was called a Devil yea Belzebub the Prince of the Devils and he was Prosecuted unto death as being a Blasphemer and therefore it must not be wondred at if those that are now most pure in the Profession and Practire of the Christian Religion be called Seditious Sectaries and Disloyal Persons though indeed and in truth they are not such as may be truly said of the Protestant Dissenters 1. They are not Seditious Persons because they make the Word of God the Rule of their Faith and Practice promoting the Christian Religion in every part of it as it is in opposition to Popery according to the best of their light and knowledg in the Holy Scriptures endeavouring to
or no. 7. If the said Person do not obey the said Admonition then the Ecclesiastical Court does Decre him Excommunicated and so send an Excommunication to the Minister requiring him to publish the same upon such Sunday or Holy-day as they appoint 8. If the said person stand Excommunicated forty days then the Bishop of the Diocess doth Certify this matter in the High-Court of Chancery by a certain thing called a Significavit 9. Then the High-Court of Chancery in the Term-time doth award forth or grant a Writ called De Excommunicato Capiendo which is directed to the Sheriffs of the City or County where the Excommunicate Person is an Inhabitant that the said Person may be Apprehended and Committed to Prison and there to remain without Bail or Mainprize until he shall satisfy the Church-Party so as 〈◊〉 Absolution which may be obtained several wayes as it is allowed and practised by the Ecclesiastical 〈…〉 First by swearing the Ecclesiastical Oath which is to swear to obey all the Kings Ecclesiastical Laws 〈◊〉 the Lawful Commands of his Ordinary Secondly giving a Bond to Conform upon the Penalty of so much money as shall be agreed upon between the Excommunicated Person and the aforesaid Court which formerly used to be ten pounds but now of late years the Ecclesiastical Market is risen and twenty pounds Bond is required Thirdly such as are not willing to take the aforesaid Oath nor give the aforesaid Bond may be absolved and so allowed some time to Conform if they will pay a Pledge which usually is ten pounds present payment and he that will not comply with any of these ways must abide in Goal whatever becometh of his poor Family and besides all this the said person must pay the Charges of the Ecclesiastical Court which is sometimes ordinary and sometimes extraordinary the ordinary charges is about Forty Shillings And now that it may be demonstrated that the Protestant Dissenters are not obstinate but Consciencious in their Nonconformity to the Church of England let these Causes and Reasons of their Nonconformity be soberly considerd in the particulars following The Protestant Dissenters cannot Conform to the Church of England 1. Because they cannot find a National Church in the New Testament But the Churches they find there are Congregational Churches which consisted of such Persons as God by his Word and Spirit had converted from a State of Nature to a State of Grace Such were the Churches of Jerusalem Samaria Antioch Corinth and Ephesus c. who being persons separated from the people amongst whom they were Inhabitants did by a mutual Consent and Agreement one with another maintain a Holy Communion together in the Worship of God as it was sounded upon the Word of God And so they were the Nonconformists of that day and underwent great Sufferings for not Conforming to that Worship which was Established in the places where they inhabited 2. Because they cannot find any such Officers belonging to a Church of Christ in the New-Testament as Arch-bishops Lord Bishops Deans Arch-Deacons Prebends Commissaries Officials c. But they find such Offiers in the Church of Christ as are called Pastors Eldery a 〈◊〉 d Overseers and the word Bishop doth belong to the same persons under the former Title considered as â—eeders of and Rulers over the true Church of Christ and the Apostle Peter doth forbid the Bishops of Christs Church to be Lords over Gods Heritage 1 Pet. 5.3 3. The Protestant Dissenters cannot Conform to the Church of England in the Holy Sacrament called in Scripture the Lords Supper because that Holy Ordinance is not Administred unto the Communicants as Converted Persons but as those who by Tradition are brought up to Acknowledge and Confess Christ although in works too many deny him by living Prophane Lives being greatly guilty of Swearing Cursing and Drunkenness and divers other scandalous matters which is a Reproach to the Protestant Religion for although the Protestant Religion be the Reformed Religion yet thousands of those that profess it are not Reformed Persons and besides this too many of those who are Ministers of the said Church and so are Administrators of this Holy Ordinance are known to be very unholy in their Conversations notwithstanding all which the Protestant Dissenters have a great veneration and high esteem of many both of the Nobility Gentry Clergy and Common People of the Church of England who live sober lives and walk Conscienciously in Civil and Religious Matters Several other Reasons might be added but these shall suffice for the present Conclusion Now forasmuch as the Protestant Religion is Profess'd by his Majesties Subjects in general considered as Conformists and Nonconformists and both Parties are agreed in the main and substantial parts thereof and also both Parties are in a like danger of the Papists If ever the Government of this Realm should fall into their hands which God of his Infinite Mercy prevent for then the Church-Protestants as well as the Dissenting Protestants would be deemed Fanaticks Schismaticks Hereticks yea Rebelis and would be Prosecuted as such Therefore it highly concerns all sorts of Protestants to say to one another as Abraham to Lot Gen. 13.7 8. Let there be no strife between us for we are Brethren Especially considering the Popish Canaanite and Perizite are now too much in our Land Mat. 7.12 Therefore all things whatsoever ye would that men should do to you do ye even so to them for this is the Law and the Prophets FINIS