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A56809 The conformist's second plea for the nonconformists wherein the case of the non-conformists is further stated and the suspension of the penal laws against them humbly moved with all due submission to the magistrate / by a charitable and compassionate conformist, author of the former plea. Pearse, Edward, 1631-1694. 1682 (1682) Wing P979; ESTC R11214 81,044 88

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return without the King's Leave it is Felony and that is Capital And if it be for Nonconformity it goes under the name of Conscience and for Religion without any guilt or proof of Sedition or Treason and so they will suffer for Religion and for no other but the Protestant Religion what Papists never did but for Treason And the Queen past over many justifiable occasions of an earlier severity The Supremacy of the Pope was a tender point of lealousy and a trial of the Queen's Patience but she was not kindled by it but suffered many that were in that point for the Pope and against Her to enjoy their Estates and Honourable Liberty with Men of as great Quality as themselves or in their own Houses Dr. Heath Arch-Bishop of York and Chancellor to Queen Mary enjoyed his Estate and Liberty in his own House till his Death Dr. Poole Bishop of Canterbury Dr. Tonstal of Duresm Dr. White of Winchester Dr. Oglethorp of Carlisle Dr. Thirlby of Ely Dr. Watson of Lincoln were not pressed with any Capital Pain tho they maintained the Pope's Authority against the Laws of the Realm and some Abbots Important Considerations p. 54. c. as you may see it in the aforesaid Collection 1st Treat p. 10 11. and acknowleded by the Secular Priests while her Majesty and the State dealt with the Catholicks as you have heard which was full eleven years no one Catholick being called in question of his Life for his Conscience all that time Consider how some of our Profession proceeded with them Her Highness had scarcely felt the Crown warm upon her Head but it was challenged from her by some of her Neighbours as Mr. Saunders noteth c. p. 55. Let us pass from Capital to Pecuniary Mulcts and compare them Of all the Laws against Popish Recusants none seems more to punish them for Religion than their not coming to Church and their saying or being present at Mass and the Fines imposed for those Acts of theirs The Forfeiture upon him that saith Mass is 200 Marks Anno. 23d Eliz. c. 1. and a Years Imprisonment upon him that willingly heareth Mass 100 Marks and Imprisonment for a Year for not reparing to Common-Prayer 20 l. every Month and forbearing to come within twelve Months shall be bound in a Bond of 200 l. to the good Behaviour But besides the Idolatry of the Mass these Laws do not proceed against the Mass as an idolatrous Worship * Nemini potest esse obscurum Leges quae feruntur mulctas quae dicuntur hic apud nos in Recusantes ferri dici non Religionis causâ merae sed mixtae mixtae cum malâ Mente Fide in Principem nec nisi in Recusantes Bullatos Tor. Tor. p. 132 133. and as it is Religion but as there is Treason against the Government in that Worship For the Mass is celebrated by a Priest and a Priest receives his Ordination from the Church of Rome and is a Subject to the Pope's Supremacy acknowledges his Jurisdiction and denies the King 's in Ecclesiastical Affairs There never was any Treason without a Priest in it nor Mass with out a Priest says Bp Calton The very Form of Submission enjoyned to all them that conform to our Laws and come to Common-Prayer doth evidence this Truth And to acknowledg and testify in my Conscience that the Bishop or See of Rome hath not * 35th Eliz. c. 2. nor ought to have any Power or Authority over Her Majesty or within any of Her Majesties Realms and Dominions c. But our Nonconformists will willingly renonunce the Papal Jurisdiction and own the King's Supremacy and refuse not the Oaths of Allegiance and Supremacy which the Puritans of former times refused not but took Vid. Bp Andr. Tortur Tort. p. 110. 379. Profitentur subscribunt jurant indies Mr. Baxter professeth in the name of the Nonconformists The Article of Religion for the Power of Kings and Obedience of Subjects we need not transcribe but do consent to it so we do to the Canons which require the Oaths of Allegiance and Supremacy and answerable Obedience to all the Homilies against Rebellion and for Obedience and all that ever we found to be for this the publick Doctrine of the Church Mr. Baxt. 2d Plea for the N. C. p. 86. s 10. Their Worship is pure but in the sence of Laws defective as not being with or according to the Liturgy And what manner of Protestants they are let their publick Confessions their private Writings and their Morning-Exercises against Popery testify Which of all the 1800 or 2000 Ministers cast out Barthol 1662 was ever found or suspected to be in any Conspiracy against the King or Government how ill soever they have bin used There are a reviling sort of Rake-hell Scriblers that they may find but a Brand or a Coal to smutch any of them with that transgress the Act of Oblivion which the Royal Party did need as well as the other side for all they did without lawful Commissions But since the days of the Flood of Confusions and Miseries which of them all is guilty I write this for the honour of our Common Profession and for the Glory of God therein And yet bring them to account upon the Five Mile Act and how many Forty Pounds and upon the Act against Conventicles then Twenty pounds for every Sermon by the Preacher and Twenty pounds the Master of the House for every Sermon the first time and Forty pounds the second and afterwards for every such Offence Forty pounds c. How highly will two Sermons a day amount and five shillings a time to every Hearer c. And it is enacted that the Law be consirued most largely and beneficially for the suppression of them Our Justices have need of Mercy and for encouragement to the unskilful Justice no advantage shall be taken for any default in any Form or Proceedings The Law by this security and indempuity hath been very merciful to many Justices not trained up in the Formalities of the Law by way of recompence let them be the more merciful to the many honest Offenders that worship God in Christ with their best Judgment or upon involuntary Mistakes My last positive Argument shall be this and I appeal to any Man of discerning whether upon the first hearing of it he be not taken with it if not overcome It is not good no Man can say it is good to exeute the Laws with a like heavy hand upon all and every Offender without making a difference betwen one Man and another between one Offence and another There may be a considerable difference between one Preacher and another one Hearer and another one place and one time and another But the Penalty sweeps all before it Obj. The Law makes them all alike therefore the Executioner must act by the Law the Ballance is out of and not in his hand Answ True but how still upon supposition of