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A41117 A remonstrance in reference to the Act to prevent and suppress seditious conventicles, super verba, being a subject of this realm which sheweth that by the said Act it seems as if the magistrates did, as it were, unadvisedly and incompetently proceed against the subjects of forreign princes, as namely, the Germans, Dutch, Frenchmen, and the like, contrary to the said Act : and so charge the government of England with a prejudice, not to be slighted, Conf. Act 22. 25 / By Albertus Otto Faber. Faber, Albert Otto, 1612-1684. 1664 (1664) Wing F69; ESTC R31487 5,346 8

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have been inserted of set purpose 13. Whereby Evidence is given that the King's intention by the said Act is only carried on to a Reformation of his own Subjects first of all before those of other Nations not willing in the first place to countenance the Forreigners sooner than he may have brought to a Conformity his Own 14. Which being performed the Forreigners it might be supposed would not be looked upon as men of Reason in case All Subjects of this Realm were brought to an unanimous Uniformity they would rest without it and yet be Inhabitants of this Realm 15. And therefore I bid all men consider if the inferiour Magistrates do not according to what is here declared deal prejudicially to the King and Government of England when they imprison men in order to Servitude and Transportation and cannot afterwards when it comes to Tryal sentence or execute them according to Law and Reason of the same And do they not wrong forreign Kings and Princes and become guilty of false Imprisonment 16. So this may give Evidence enough that Forreigners by the Act to suppress c. are proceeded against unjustly and contrary to the said Act. It is therefore in vain to say they must execute the Law when they do more than any Law requires to be done making only of what they say is a Law a Cover of their Intentions in complying with or repairing unto that which binds them not by which the Inexcusableness of men shall be evident at that time when the Lord shall judge them however they seem now to be as the Prophet Esdras saith 2 Esd 12.72 Paraenesis ad quorum Interest 17. But be it known herewith to all concerned in this matter that if the Principle the Quakers are possessors of be from God then no power of men can overthrow them let them stir and bustle and clamour and rage and banish and persecute whatever they can 18. And if the Principle the Quakers are possessors of be not from God let them worship and pretend and colour and meet and suffer Persecution Imprisonment Banishment yea Death it self all will not keep them standing but they must fall without all such bustling or any man's power So 19. This is the old Principle of Gamaliel true and never found false or there could be no Christians 20. And will stand when there are no Persecuters any more or there would remain no Christians 21. Mark here ye that are Atheists if the Foundation of the Christian Faith were but a Device of men by what reason may ye think that it might be possible that by no power of the world they could be overthrown in these 1664 years Tell me could ever any thing in the world by what wisdom of men soever thus be established that it should stand so long as the Christians have done and cannot be weakened as yet although battered by all Ages Would they not dye outright by themselves like as other things have done that ye reckon to be more real and reasonable Nay have not alwayes all powers that endeavoured what they could to overthrow them been overthrown themselves and have perish'd Have they not all been like a Ship that hits against a Rock to split it and have they not been split themselves If not where are they then let them come forth that we may see them Because I see the Christians are still in being and alive But they are all gone and lye in their graves and are rotten and shall never see the Light again But the Christians stand in battel still as ready to fight yet to kill no body but rather to dye Yet they must live and those must dye that will kill them 22. What is then the best to fight against God and perish or yeeld unto his power and be saved 23. O pittiful undertakings that are beyond mens strength If a Child should adventure to carry a Milstone to the top of Paul's Steeple would you not laugh at it And yet you encounter greater difficulties Be not angry but consider if Truth be not spoken here 24. Moreover Have ye ever stated the case of the Jews against Jesus When first Jesus came and shewed his Power in Miracles doing many good works he was very welcome and beloved amongst the Jews except the Priests All people ran after him and wondred at him except the Priests And no man spoke ill of him 〈◊〉 well except the Priests Because no man found any thing in him nor in his Life and Conversation that was reproachful and the Priests neither But when Jesus began to reprove the Priests their hatred envy maliciousness arose in them and Persecution began till finally unto death it self All people the sober sort of them pittied Jesus and wept But the Priests drew the most cruel sort of the Nation and they joyned and blamed and stirred up the people and cryed out against Jesus until they had brought the whole Realm of the Jews into a commotion and confusion There Jesus must be a Seditious Man a Seducer a Blaspemer a Devil and what not And all this by the Priests And the more Jesus did reprove them for it in meekness in patience in truth the more they grew bad shrewd envious till at last they resolved to kill him Because said they all people drew after him And here the Priests uttered their chief cause Then assembled together the Arch-Priests the Lawyers and the Senators of the Nation in the Palace and said What do we for this man doth many Miracles If we let him thus alone all men will believe on him and the Romans shall come and take away both our place and Nation Therefore they consulted how they might take Jesus by subtilty and kill him Now to make a new Law on purpose they needed not because they had a Law of God himself which they could find him guilty of according to the very letter and this was the Law He that blasphemeth the Name of the Lord he shall surely be put to death Levit. 24.26 And so Jesus being in the eyes of the Arch-Priests Lawyers and Senators but a poor silly Carpenter of Nazareth who did teach publickly That all that would be saved must believe in him for he was God's Son sent to the end he should be their King Tell me wise-men what evidence needed they more to find him guilty For as to be convinced otherwise by his Miracles such like had been wrought by many Prophets of old who never-the-more did amount to that highness of professing themselves Sons of God And as concerning his Miracles they did not reprove him for but as it is written for Blasphemy and because he being a man made himself a God Joh. 10.33 25. So tell me all Judges and Jury-men if Jesus should come at this very day before your Bar must ye not find him guilty according to the express letter and evidence of the fact If so wherefore do ye chide and tax the Jews who had such a Godly old Law not made by men on purpose a Law whose letter and reason of the same did so well agree together that they found themselves strictly and not hypocritically as to please men bound to take the execution of it as being by so many sad experiences often-times most sadly both by Wars Captivity and other Plagues warned and reproved for the neglecting of the Law of God 26. If now provided the expressedness of the Law of God and the evidence of the fact the Arch-Priests Lawyers and Senators of the Realm of the Jews and the universal multitude of the then Jewish Church notwithstanding their far more by divine Authority expressedly sub paena Capitis Deut. 17.8 authentical Infallibility did most fundamentally err and mistake and so deceive notoriously the whole Nation bringing them into at this very day endless misery to be left without excuse what will become of such as scarce can pretend a Law though made on purpose one after another yet still by reason of the same they cannot hit the mark nor will their Witnesses agree together Mark 14.56 and 59. And yet they will still foot upon and shew themselves as it were bound to the Execution of it where neither Evidence of the Fact nor the leas● reason of the same may excuse them Therefore if the green tree is cut off think what shall be done in the dry Luke 23.31 So loving Friends find out the cause which made the Jews to stumbles and it will shew you your own case like as in a Looking-glass Isa 51.7 8 9. and Chap. 66.5 London 14th of the 7th month 1664. THE END
A Remonstrance reference to the Act to prevent and suppress Seditious Conventicles Super verba Being a Subject of this Realm Which sheweth ●hat by the said Act it seems as if the Magistrates did as it were unadvisedly and incompetently proceed against the Subjects of Forreign Princes as namely the Germans Dutch Frenchmen and the like contrary to the said Act And so charge the Government of England with a Prejudice not to be slighted Conf. Act. 22.25 By Albertus Otto Faber London Printed in the Year 1664. A REMONSTRANCE in reference to the Act to prevent and suppress Seditious Conventicles super verba Being a Subject of this Realm c. 1. THe Title al. Rubrica or Rubrum is this An Act to prevent and suppress Seditious Conventicles 2. The Text al. Nigrum following declares in substance that For providing of speedy Remedies against the growing and dangerous practices of seditious Sectaries and other disloyal persons who under pretence of Tender Consciences do at their Meetings contrive Insurrections it is enacted That if any person being a Subject of this Realm shall be present at any Assembly Conventicle or Meeting above four persons under colour or pretence of any exercise of Religion then the Magistrate shall commit every such Offender to the Goal or House of Correction there to remain without Bail or Mainprise for any time not exceeding the space of three months unless such Offender shall pay down such sum of money not exceeding five pounds for the first Offence And for the second Offence he shall incur the said penalty of Imprisonment not exceeding six months or pay down such sum of money not exceeding ten pounds And for the third Offence the Magistrate shall commit him as aforesaid until the next Sessions which shall happen first where he shall be proceeded against by Indictment in order to lawful Conviction and Transportation and in case of escaping or returning unto this Realm of England Dominion of Wales and Town of Berwick the party so escaping or returning shall be adjudged a Felon and shall suffer Death as in case of Felony without benefit of Clergy 3. Three things are generally to be proved here ere any one can be convicted by the said Act 1. That any one hath been at a Conventicle such as is defined in this Act. 2. That he be a Subject 3. Of this Realm 4. As concerning the definition of a Conventicle such as is defined in the said Act mark first what sayes its Title or Rubrick viz. To suppress Seditious Conventicles So all publick and open Meetings or Assemblies as for instance those of Stage-players and Bear-baitings c. are excluded here because all what in the Act following shall be spoken must strictly especially being a penal Law be understood only of Conventicles according to the principle of Laws viz. Interpretatio Nigri fluit ex Rubro quae in paenalibus strictior benignier est that is When some one looking upon the sign of a house where is written Here is Coffee to be had he knows that Sack or Rhenish wine is excluded as not to be sold there So accordingly is this the definition A Conventicle is an unlawful Assembly or Meeting of seditious Sectaries and other disloyal persons being Subjects of this Realm who do contrive Insurrections under pretence of tender Consciences and exercise of Religion 5. As concerning that being a Subject it 's true when the words of the Act were written down in the general thus If any person shall be present at any Conventicle c. it would include all generally as well Forreigners or Inhabitants in this Realm as the Subjects of the same But being of set purpose limited and restrained upon the Subjects of this Realm all Forreigners are thereby evidently excluded 6. Nay by so much the more that the Act stands not only restrictively upon the Subjects but adds of this Realm And so excludes all Irishmen and Scottishmen too 7. Therefore all this ought to be proved first ere any proceeding against any person upon that account may be legal and justified in the sight of the world Provided alwayes that a particulari ad Universale non valet consequentia And therefore Verba generalia secundum Naturam subjectae rationis restringenda sunt Neque enim quae in odium paucorum introducta sunt ad omnes extendi ratio jura permittunt presertim in statutis quorum verba semper strictè sunt accipienda secundum communem loquendi usuns 8. Wherefore it is quite contrary to the Principles especially those of penal Laws to extend the word Subject beyond its natural sense because Juditium penale non excedit casum sed ut in statutis it a multò magis in paenalibus odiosis verba Legis in benigniorem partem accipi debent that is the penal Judgment exceedeth not the case but the words of the Law are to be understood according to their strict viz. most common and natural signification to save mens lives 9. And it might be inquired for in all the Laws of England if any where the word Subject is ever said or spoken of any other than such as are Englishmen or Naturalized If so to what purpose serves the Naturalization If not why must it now in this odious matter be forced beyond its strength as to include generally all that are in the Kings protection That would seem to the Aliens as if they under the suffering of this Act should purchase the Naturalization Or justly might be required What then those words being a Subject of this Realm did imply for as much as all that are in England are in the Kings protection But I verily believe that in case a German upon such an account as being a Subject of this Realm would buy some Land and make use of the Priviledges of Englishmen the Judges would soon find him not capable 10. Therefore the case is plain if men would but prevail with their Reason lest under pretence of Executing the Law they are found guilty of Oppression and fall into the Condemnation of the Most-High 11. For if the Judges and Jury-men sit on the Bench to save mens Lives when the Law in any respect is not broken might it not in case they endeavour all what they can to take away mens lives contrary to the Law justly be answered as it is written Sittest thou to judge me after the Law and commandest me to be smitten contrary to the Law Such like Judges methinks might well be suspected and consequently by the Authority of the Law recused 12. And furthermore The reason of these restrictive words Being a Subject c. will make it up for 1. because the issue of the Act is Servitude and Transportation to the Kings Plantations beyond the Seas which penalty as being unfit to be executed against a Forreigner caused this Restriction of the said Act referring it self upon the Subjects alone and therefore to make it evident these words being a Subject of this Realm