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A67481 Some remarks upon a speech made to the grand jury for the county of Middlesex concerning the execution of penalties upon the churches of Christ, which worship God in meeting-houses, for their so doing : and may serve for an answer to part of the order of the justices, Jan. 13 to the same purpose : in a letter to Sir W.S. their speaker. J. W.; Smith, William, Sir, 1616 or 17-1696. 1682 (1682) Wing W69; ESTC R3500 12,116 16

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and some Grand Juries and a great many Burroughs that were easily taken with it You seem Sir to be a little out in your Divinity whilst you introduce God Almighty in Creation Giving Man a Law and printing it on his heart and by our Lord Christ restoring that Law by instruction and the sending of Bishops to govern the Church by Ceremonies and Liturgies which have the Sanction of a Parliament whereas Gods giving his Laws into Mens minds and writing them in their hearts is made both by the Prophet Jeremy and the Divine Author to the Hebrews the special Promise and Priviledge of the New Covenant whereof Christ is Mediator And if Christ has not written his Laws in mens hearts by the Gospel Sir Wm's Argument doth equally justifie all the Papists of Spain Italy France c. as the Protestants of the Church of England and equally condemn the Protestants in those Countrys as the Dissenters here in England for they have their Bishops by a continued Succession as well as we and they have their Ceremonies and Liturgy called the Mass as well as we and these have the Sanction of their Parliaments the agreement both of Kings and People as well as ours Thus Sir you have made Popery as much the Religion of Christ as Protestantism and justifie all Persecutions of Christians that are made by Bishops and Laws The French King is beholding to you for vindicating him in his present Persecution of the poor Protestants to whom yet thanks be to God and the King we give entertainment But when you seriously think of this Establishment by Bishops and the agreement in Parliament It raiseth your admiration how any man can think himself hardly dealt with when he is required to comply with that which he hath before agreed Pray Sir were you never on the Negative side in any Law that was pass'd in those Parliaments wherein you sate if you were then you did not agree to that Law now suppose that that Law had been the Law of conformity to the Mass as it was in Queen Maries days would you have thought your self obliged to have yielded obedience to it because you were over Voted Sir Sanctions of King and Parliament cannot make a thing good which in its nature is not so neither can it make an indifferent thing lawful to me if I in my Conscience think it otherwise for whatsoever is not of Faith is sin Christ has not given Bishops to be Lords over his Heritage which they will be if you give them power to make Laws and enforce them against the Conscience of Believers in things not necessary to be determin'd and much less in things already otherwise determin'd in the Doctrine of Christ. You admire again That any should think it reasonable that Publick Conventicles should be permitted in opposition to the said Established Government I have said something before that is applicable to this to allay this admiration I add that many Conventiclers do think their Pastors to be Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Overseers as your self note which they are as much obliged to obey as if there were an Humane Law for it Again Some are greatly offended at the rancour and bitterness they perceive in many high-flown Men of the Church against those that dissent from them who would have those severe Laws executed against them whilst in the mean time they are not more certain of any thing than that they heartily desire their own Salvation and endeavour honestly to find out and to walk in the right way to it and hence they are most certain it is contrary to the mind of Christ any of his Followers should punish them for their Meeting together in his Name in pursuance of those ends and consequently that Church that does so offends against a Fundamental Point of Christian Practice for they have the like perswasion concerning the Integrity of others that differ from them as they have of themselves and are therefore sure that if they be so they can no more execute Penalties upon them than they upon others They ought to have the same love and respect for them as they have for Conformists and to do unto them as they would have them do unto themselves if they be otherwise minded they offend both against the Law of nature and the Law of Christ. If either they or the Dissenters offend against the necessary Principles and Laws of Government though it be never so much their consciences so to do they deny not the Magistrates right to punish them but they are certain this is none of those cases It is an excellent passage of the late Lord Chief Justice Sir Matthew Hale p. 1308. bserved in his Life relating to the Quakers He considered Marriage and Succession as a right of nature there is the same reason of other rights of nature from which none ought to be barred what mistake soever they might be under in the Points of Revealed Religion Surely the publick meeting together to worship God is a natural right which therefore men ought not to be deprived of though they mistake in the circumstances of their so meeting and worshiping But I will leave the defence of publick meetings to publick prints specially I refer you to the Conformists Plea for the Nonconformists the first and second parts for that in reason should be read by you with less prejudice than those things they say in their own behalf You cannot understand but that the Conventiclers allow their teachers both Infallibility and Supremacy what Sir more then you allow to your Bishops you would not have said this but that you had a mind to make an odious Parallel between Papists and Dissenters But who knows not that Dissenters do all maintain this as the great principle of Protestantism viz. That every man ought to be satisfied in his own Judgment concerning his Religion and not to pin his faith upon any man or number of men further than they are perswaded from the infallible word of God And this is the chief reason why they frequent gathered Churches and not Parish Churches and sometimes go from one Congregation to another as they find it more conducing to the great end of their eternal Salvation You say The Romish Church is an united body and not to be withstood but by another united body and if the people were united and reconciled to this true Protestant Church of England it was not possible that Popery should prevail here First Sir The people are so far united to this Church that they have the same Faith and the same Doctrine for Substance and they worship God in no other manner than is allowed by the practice of the Church of England so that I would fain be informed what better capacity the Church of England would be in if all come to the Parish-Church than She is now If there was not one Protestant Dissenter in England how would that hinder a Popish Successor from bringing in Popery We see that
Some REMARKS UPON A SPEECH MADE TO THE GRAND JURY For the County of MIDDLESEX CONCERNING THE Execution of PENALTIES UPON THE Churches of Christ Which worship God in MEETING-HOUSES For their so doing And may serve for an Answer to part of the Order of the JUSTICES Jan. 13. to the same purpose In a Letter to Sir W. S. their Speaker For all the Law is fulfilled in one word in this Thou shalt love thy Neighbour as thy self But if ye bite and devour one another Take heed that you be not consumed one of another Gal. 5.14 15. But it is evident by the sad experience of Twelve Years that there is very little fruit of all those forceable courses many and frequent ways of coertion Kings Declaration March 15. 1672. LONDON Printed for Elea. Harris 1682. SIR SINCE Your Speech made at the Session of the Peace to the Grand Jury there is by your and the rest of the Justices Order Printed and Published I hope you will not take it ill that a private person gives his Opinion concerning it especially considering that your modesty has premised you should discover that weakness which by your silence might have been concealed Sir As for that worthy Character you give of your self your Generosity and Publick Spirit abstracted from all private considerations whatsoever Your proof and protestation of it I have this to say that you are to me much a stranger I am unwilling to make enquiry into your life and actions and therefore shall give as much credit to what you say as one can reasonably give to him that praiseth himself but could not vindicate himself in the Eyes of the Commons of England in Parliament Otherwise I should have wondred that a Gentleman who had approv'd himself to his Country by the experience of so great a number of years and in two Parliaments of such different qualifications wherein every Member was tryed oftner and more severely than the purest Gold of such excellent Integrity Parts and Vertues should be neglected in the Three late Parliaments The Country is not wont in these cases to cast of those that have done them eminent Services sure I am there was a very great number of the same persons in all these Parliaments and in the greatest honour and esteem by those that elected them and by others also In the next Paragraph you tell us This Kingdom is at present under very sad circumstances and upon enquiry into the cause you say and I think boldly enough we have lost the Jewel of Government I perceive Sir W.S. may say what he pleases but I doubt it would have been dangerous for a Grand Inquest to have writ Billa vera upon such a presentment What! His Majesty upon the Throne in Peace and yet the Government lost It is dreadful like Belshazzar's Hand writing upon the Wall Mene Mene God hath numbred thy Kingdom and finished it I hope Sir you are no skilful State Physician God forbid you should in this Diagnostick You may if you please see more to this matter in the Courant of Dec. 23. I expected next the proof of your Assertion but you defer that and tell us of our Princes mercy in the Act of Oblivion I suppose there 's no man in England that understands things to any purpose that is not sensible of His Majesties Grace in the Act of Oblivion wherein he had the councel of his Parliament but there are a sort of Men that labour much to turn the Act of Oblivion into an Act of Remembrance there 's no Act that ever the King Pass'd more grievous to them than that and the reason is not because the King has Pardoned His Enemies but because they cannot by his power wreck their malice upon their hated Neighbours I am perswaded Sir when you consider the sad state of the Kingdom better you will find that Mens envy at their Neighbours Liberty and Enjoyments and a strange ill will they foster against them is the great cause of our sad Divisions It is not because the Government is lost but because it is not lost that men rage as they do There are not a few who long for nothing more than the confusion of the Government for they reckon that the only way to effect their Revenge than which nothing would more rejoice their hearts Nay they could well be content to undergo the hazards of a Combustion in prospect of the Satisfaction they hope for in conclusion by the Ruine of their Maligned Neighbours and Countrymen And the true reason why they believe so little of the Popish Plot is because the Discovery of it justifies the fears of those they have so long scorn'd upon that account I must acknowledge the Papists and their dissembling Agents have wrought strongly upon these passions and have at length rais'd them to such a height that in my Opinion they cannot be allayed without a Parliament which I take to be a part of the Government But if a Popish Successor come first which God of his great mercy prevent I cannot think that those enraged People who have already made use of Subornations and Perjuries to shed bloud by will stick at a Parisian Bartholomew Feast if they can find no readier way of destroying those they hate You go on in setting forth the Goodness of His Majesties Government which is an odd way of shewing the Government to be lost He takes nothing from any man doth not oppress the meanest of His Subjects nor interposeth His Authority to obstruct Justice We joyfully grant all this and more concerning the King but we cannot excuse his Ministers your last long Parliament found cause to complain of divers Publick Grievances to provide Laws against some and to charge one Great Man with High Treason in many particulars Next you tell us the mischief of the loss of the Government but all your instances instead of proving we have no Government prove the quite contrary that we have a good Government For no man can take a pair of Shoes or any thing else out of a Shop without payment but he is punisht for it if he can be found out and no Government can punish those that are conceal'd Bene vixit qui bene latuit Nor can any man pass through Lombard Street and supply his Pockets without good consideration Indeed we have heard of some that took a great many Hundred Thousand Pounds out of Lombard Street upon good consideration which was afterwards made invalid but His Majesty was graciously pleased to grant an Equivalent but I read in some Publick Prints of obstructions in the issuing of that Equivalent which yet I am far from imputing to the King but know not how to defend all his Ministers In the beginning of your next Period you tell us that God Almighty knew this the calamities of being without Government when he created man and therefore gave him a Law by which he should live and govern himself and printed it in his heart called the Law
under our present Protestant Prince to whom God grant a long and happy R●ign we can scarce keep our selves from being over-run and destroyed by Assassinations Sham-Plots and Suborned witnesses with other Engines of mischiefs to which the parish Church men as well as others are equally Subject we see that even in the Church it self they have raised a strong enmity one against another according as they are either more fierce against Protestants and more moderate against Papists or on the contrary more moderate to Protestants and more zealous against Papists what then would be done under a Popish Successor should all Dissenters be reconciled to the Church would that extinguish the animosities among the Bishops and other Clergy and Laity as they call 'um of the Church it self I pray consider it Our Divisions you say give boldness to the common enemy to make attempts upon us you say very true for whilst he sees a party that pretends to the Church so desperately mad against those whether in the Church or out of it that being deeply concerned for their Religion King and Government are zealous against the Papists and their Fautors it cannot but incourage the Papists to go on in their Devilish Plots and machinations against us Is 't not wonderful that since the discovery of a most horrid Popish plot against all Protestants some of that name that were gentle before should now be violent in the prosecution of their Brethren as if the Dissenting Protestants were to be punished for the Popish plot O unhappy Titus hadst thou suffered the popish Plot to proceed to effect thou mightest have reap't a great share in the profits of their success But now thou hast discovered their Treachery and saved thy King and Country thou art scorned and reproached thou art in jeopardy of thy life every hour either by assassination or false accusation And thy wretched Country is in worse circumstances to withstand the Popish and Malicious enemies of its Religion and Government than before The Luxury and Security of Asia gave Alexander the Great hopes of Conquest Ergo Our worshipping of God some in Churches some in Meetings encourages the French King A natural consequence Did the French carry on their War the worse because they permitted Protestants though at the same time they made War against Protestants but he 's afraid of it for the future and must we needs tread in his steps and act by his Policies surely he that prosecutes Protestants with Penalties for being so does the Pope and French King's Work for what can they desire more at present And I heartily wish That the ill consequences which may easily be foreseen to arise therefrom to use your words may prevail with men that pretend to love their King and Country and Religion not to be guilty of any thing that will bring ruin upon them For when they have ruined the Dissenters they will next fall upon those of the Church that favour them and when they are ruin'd it will be easie for a Popish Successor either to turn them to Popery or ruine the remainder As for the Diberty you say they have according to Law of exercising Religion in their own Houses First That is denied where Protestants are prosecuted to Confiscation of their Estates as Popish Recusants for not going to Church And Secondly The same Passions and Councils that now endeavour to suppress their Meetings would then prosecute them as Rioters for meeting above Three besides the Family to do an unlawful action as I have known it done by some of your Bench. It is easily said by you rather Humor than Conscience when they will yet offend against the Law by these Publick Conventicles but they would be very glad to find it such an humor as they could correct with satisfaction to Conscience it would be a great ease to their minds besides the advantage to their outward concerns which are so destructive to the Peace and Safety of the Kingdom There was a time when His Majesty was pleas'd to declare That it was evident by the sad experience of Twelve Years that there is very little fruit of all those forceable courses many and frequent ways of coertion And therefore saith he We do now issue this Our Declaration as well for the quieting of the minds of Our good Subjects in th●se points for inviting Strangers in this conjuncture to come and live under us and for the better encouragement of all to a chearful following of their Trades and Callings from whence we hope by the blessing of God to have many good and happy advantages to our Government As also for preventing for the future the danger that might otherwise arise from private Meetings and Seditious Conventicles His Majesty you see Sir W. was not then of your mind after Twelve Years Experience and Observation that Publick Conventicles were so destructive to the Peace and Safety of the Kingdom but the very contrary What tho His Majesty was graciously pleased to Cancel that Declaration at the Humble Request of His Loyal Long Parliament because it did not ground it self upon a Legal Authority yet I hope His Majesties Reason and Judgment exprest in it may be of weight to the Justices of Middlesex and London too especially when the Opinion of the Commons of England in Parliament concurs with it besides who knows that if there be any Favourite at Court who designes against the people as there seldom wants such as cannot endure the breath of a Parliament he or she has the recommendation of Justices which therefore being their creatures must serve their ill purposes and how easie it is for one or two such Justices to get the approbation of the Bench to their nomination of Jury-Men and then wo be to the People for they declare in their Vote of Luna 10. Januar 1680. That it is the Opinion of this House that the presecution of Protestant Dissenters upon the Penal Laws is at this time grievous to the Subject a weakning of the Protestant Interest an encouragement to Popery and DANGEROVS to the Peace of the Kingdom Now I am clearly of Opinion that the King and Commons of England together their Judgment is rather to be taken in this matter than Sir W. S's and all the Bench of Justices assenting You will say perhaps that the Popish Plot since the time of His Majesties Declaration discover'd has render'd them unworthy of that Toleration I grant it but what have the Dissenters done to confute the King's Judgment in this point I hope that Toleration was not given for the sake of the Papists alone so that because They cannot have benefit by His Majesties Reasoning No body else shall that were a hard thing to impute to our Sovereign However it was I presume Sir W. and his Fellow Justices did not Then put in execution the penal Statutes against Dissenters neither for some years afterward such Deference did they give to His Majesties reason tho his Authority was with-drawn
Publick Conventicles were not then thought so destructive to the Peace and Safety of the Kingdom And I know nothing the Dissenters are guilty of but a strong desire and earnest endeavour to keep out Popery which they think cannot be done if a Popish Successor be let in and in this they follow the Judgment of three several Houses of Commons in Parliament And now I am speaking of the Declaration for Indulgence I pray Sir what shall hinder a Popish Successor from setting forth such another Edict with more ample graces to the Roman Catholicks whereby they shall not only have the liberty of Publick Meetings but also access to Parish Churches and all this by virtue of That Supream Power in Ecclesiastical matters which is not only inherent in him but hath been declar'd and recogniz'd to be so by several Statutes and Acts of Parliament as in the said Declaration what tho His present Majesty was graciously pleas'd to recal his Declaration do you think the Popish Successor would do so And if he should command such an Indulgence I am perswaded never a Justice of Middlesex would dare as Sir James Hales in Queen Maries days to put the Laws in execution against them Poor Sir James who had merited highly of the Queen yet suffer'd deeply for his Legal Zeal and I doubt is too sad an example to be followed however zealous men are now against Protestants It follows in your Speech these publick conventicles are not suffer'd in any Country or Kingdoms as I know of I have no measure of your knowledge but there was not long since publisht in English a piece entituled The Religion of the Dutch the Author pretends himself a Protestant what credit is to be given him I know not but I know that in many things he gives a very exact and true account He says p. 14. There is an express prohibition of allowing any other Religion then the Reformed in the Provinces and yet saith he we there find the publick exercise of another Religions so he is pleas'd to call different meetings of those that differ in some opinions besides the Reformed there are Roman Catholicks Lutherans Brownists Independants Arminians Anabaptists Socinians Arrians Enthusiasts Quakers Borelists Armenians Muscovites Libertins and others I suppose you will scarce find so many sorts of publick meetings here in England Having thus shewed the weakness of these reasons upon which you built your discourse there appears no cause why you should so patheticaly adjure men for Gods sake and their own to lay aside these publick Conventicles c. Neither that you should say They are one cause and a great one of our present troubles or that you should invite the Bench and Grand Jury kindly to agree together in the remedy of this evil Moreover If according to the 9th Article of the Church of England these Conventicles or some of them be Congregations of faithful men in which the pure word of God is preached and the Sacraments duly administred according to Christs Ordinance in all those things that of necessity are requisite to the same then are they visible Churches of Christ and they that punish them for so doing do unkindly agree in persecuting the Churches of Christ which Christians ought to be very wary of Take heed Sir you are not infallible The next thing you recommend is the Consideration of Juries and the Statute of 3. Hen. VIII An Act of Reformation of Impannels for the King Touching which I shall leave you to the consideration of a paper set out some Moneths ago in an answer to a Speech of yours also printed upon this Subject The subtility and mighty endeavours of the Papists to divert People from the prosecution of themselves have rais'd a great enmity in a party or faction against the body of the people represented in 3 Parliaments The City of London which hath the choice of Sheriffs for London and Middlesex are careful to chuse such Sheriffs as they can trust and that are not of that party whereas the Justices of Middlesex or some of them by their Abhorring Addressing and the like actions appear to be too favourable to that faction and therefore the Citizens had rather by much the choice of Juries should be in the Sheriffs than in the partial Justices especially at this time when their Liberties Lives and Religion are in such eminent danger from Sham-plots Subornations and Perjuries the preservation of all which concerns we owe under God and his Majesty to our honest Sheriffs It looks strangely that out of about 50 persons of the Pannel against one man of which the Justices cannot object any thing that may argue untrue demeanor in the Sheriff in his return the Justices should not find 13 to make a Grand Jury without putting in other of their own nomination I appeal to the next Parliament whether the security and liberty of the People of England be not at this time more in danger by the Justices than by the Sheriffs I might observe upon other parts of your Speech but I presume I have done enough already to shew the weakness of your reasoning I hope you will please to consider things over again and to pardon the freedom taken by one that has due respects for you and has learn'd to pass by the errors of men being conscious of his own fallibility but would gladly have malice and ill will rooted out SIR Your very Humble Servant J. W. POSTSCRIPT ALL considering People will now see that Conventiclers are not punished and ruin'd for holding Conventicles but for being zealous for the Protestant Religion and Government by advice of Parliament against Popery and Clandestine Arbitrary Councels Their Prosecutors know it to be so I fear there are some Justices of the Peace and others who either by their ill management or otherwise in the late unhappy Warrs suffer'd themselves and party to fall into the hands of their enemies which would now under colour of Law and after oblivion take revenge upon those few of them that survive by ruining the whole party of Non-conformists They like Haman think it below them to crush Mordecai alone except they involve the whole people of the Jews in that destruction But let them remember there is a God that judgeth the earth His Kingdom ruleth over all in spight of them He can deliver and if he will not they suffer in a very good cause for a good conscience toward God and for what has been declared to be reasonable by the King and by the Commons of England in Parliament FINIS Octo. 31. 1673. Witness Doctor Fowler Gregory Prebends of Gloucester Tempora mutantur But you would have call'd it hypocrisie in a Presbiterian to alter his voice thus the reasons remaining the same