and preached there to his Death Mr. Travers ordained by Presbyters in Antwerp after a sharp Controversy with Mr. Hooker was made Provost of Trinity Colledg near Dublin by A. B. Loftus See Fuller's Hist B. ix Chancellor of Ireland Rob. Brown that deserved worst held his Rectory of A-Church Mr. Stone continued in his Parsonage of Warkton A. B. Whitgift whose Stiff constancy was known and proved wrote thus to the Lord Treasurer Burleigh My Procceedings are neither so vehement nor so general against Ministers and Preachers Ibid. p. 139. as some pretend doing me therein great Injury In another to Sir F. Walsingham I have forborn to suspend or deprive any Man already placed in any Cure or Charge for not subscribing Only Bishop Anthony Rudd in his Speech in Convocation An. 1604 said See Addenda to the first Plea That many Learned Preachers enjoyed their Liberty conditionally that they did not by Word or Deed openly disgrace or disturb the State established would that do now we should see a return of many cast out if not of all What need I say of the Indulgence of Arch-Bishop Abbot Remarkable is that Discourse between A. B. Bancroft who was a sharp Adversary of the Puritans with a N. C. An honest able Man protested to him that it went against his Conscience to conform which way quoth the A. B. will you live if put out of your Benefice The Minister answered He had no way but to go a begging Full. B. 10. p. 57. or put himself on the Divine Providence Not that said the A. B. you shall not do so but come to me and I will take order for your Maintenance Many had Lectures or were connived at by Bishops or protected by Great Men as is proved in Particulars by Mr. Baxter Second Part of the Defence against Dr. Stillingfleet c. 4. Hist B. ix p. 135. Sect. 18. Pertinent is that to my purpose which Dr. Fuller writes of some in the Time of Q. Elizab. Reign The Practises of the Presbyterians now found so much Favour as almost amounted to a connivance at their Discipline For whilst the Severity of the State was at this time intended to the heighth against the Jesuites some Lenity of Course by the very Rules of Opposition fell to the share of the Nonconformists on the score of their notorious Enmity to the Jesuitical Party The Earl of Leicester procured great Favour for them from the Queen and snibbed the Bishops for urging Subscriptions The great and wise States-men were Intercessors for some of them witness the Letters of the Lord Treasurer Burleigh and Sir F. Walsingham in that Church-History But now is there no Mittigation to be looked for when our present N. C. approach nearer to a Closure and when their Opposition to the Jesuites doth provoke that Party to strain all their Policies Power and Malice against them Consider if it be not a time to shew Mercy to our Brethren and not to oppress them as Enemies when the whole Protestant Interest among us is saved by meer Mercy How contrary will the impoverishing of them be to that Duty If thine Enemy hunger feed him if he thurst give him Drink Surely if we ought to relieve an Enemy so far as to keep him alive we ought to spare our Brethren and preserve them from a Necessity to beg their Bread But here I seem to some to beg a Question I call them Brethren when they are not It is true I do and if they who profess the same Faith Worship and live under the same Laws are not Brethren have we any in any part of the World Is there any Houshold of Faith out of the Houshold of Conformists If not then our extream Zeal against Nonconformists will carry us to Donatism and confine the Church within the Lines of our Uniformity If to avoid this we acknowledg a Catholick Church out of those Bounds then why shall not that Right be allowed to them that dwell among us as well as to them that live in Forreign Nations and differ as much from our Form of Discipline as they do If therefore they are Brethren let them receive from us some Tokens of Affection and not be burnt with the Marking-irons of Anger as unfit Objects of any thing less than Exclusion from all Favour And let not the Mercy and Mildness of former times come into Judgment against this Generation I do hope there are many that have Sorrow in their Hearts daily for them and that have Hearts of Flesh to them Arg. 3. Both Church-men and Magistrates should forbear this Course of Rigor for fear of being guilty of the great Sin of Persecution or approaching near it All good Christians should be tender of falling into degrees of that Sin which in the highest degree is proper to the Enemies of Christ There are now none in any place of Power but such have by Oaths and Tests avowed themselves to be sincere and honest Protestants and if they will hear Reason on their Brethrens behalf what Mercy can Protestants expect from Papists or perjur'd Hypocrites Abstain from punishing and hurting the Servants of Christ lest ye be found fighting against God and obstructing the Prosperity of Christ's Kingdom by quenching any Light of the Gospel because it is not set up in a branched Candlestick or in the Church They would all burn in the Church but for something that keeps them out in the Church-porch Now as every Christian that hopes for Salvation alone by Christ should be afraid of hurting Christ in his Members so must every Man be tender in affixing the Charge of Persecution upon any which that I may not do I will 1. Open the nature of Persecution 2. The kinds of it 3. Consider what is said to free the Prosecution of the Laws from being a Persecution First To persecute in this place is taken in an ill sence for any kind of Vexation or Trouble brought upon others especially such as is grievous to be born Grot. in Math. 5.10 Petr. Ravan it is ardenter pertinacitèr dilgenter insectari ad nocendum or as others To follow as a Hunter doth his Game In respect of the Sufferer it must be causeless and undeserved and by Consequence not for doing ill in respect of the Inflicter it must be injurious and in respect of the Cause it must not be a civil Cause but Religious in Whole or in Part. It is Persecution if it strike at any part of Religion or for any Exercise of Religion Secondly There are many kinds and degrees of Persecution distinguished by the Afflicters Affliction and Afflicted and the Reasons Causes and Ends. The menaced Sufferings of the Nonconformists are not 1. From an open professed Enemy of the Faith but what is marvellous from Men professing the same Faith as Protestants the Power being in no other hand 2. It is not for Christianity for the Name of Christ or being Christians 3. It is not directly a suffering of Death
The Argument runs thus It is not good to execute the Laws upon Dissenting Protestants therefore it is better to forbear their Execution than put them in Execution The Proposition is be proved by an Enumeration of the Laws that Men are pressing upon them 1. It is not good to execute the Statute of 35th of Q. Elizab. which they who are in danger are threatned with That which the whole Parliament thought dangerous to the whole Protestant Interest in England and did as far as in them lay disanul a Bill being prepared to be signed by His Majesty should not be thought good or fit to be executed upon one part of Protestants by some particular Justices of the Peace on the irreligious covetous Information of a sorry sort of Men. The loss of that Bill was judged so great a loss to the Nation of Protestants that the next Parliament made diligent Inquiry into the Causes of that dangerous Frustration of what was thought as much for the Preservation of Protestants from Banishment by Abjuration as for the Preservation of our Bodies from burning by the Act de Heretico comburendo But if this Argument be not of force against them that can handle a Sword better or sign a Warrant than answer an Argument or that will not be reasoned out of a Resolution it may receive some further Strength by this further Enumeration 1. The impartial Execution of that Statute will be ill for all the Papists in the Land that owning the Supremacy of the Pope do impugn the King 's in Causes Ecclesiastical and have absented from Common-Prayer They must abjure the Realm and truly a little respect to Nonconformists because they are not Papists but Protestants should direct our Magistrates to begin with the Papists and try if by ridding the Land of Papists the Stifness of the Dissenters may not bend towards Conformity But to begin with Protestants and leave the Enemies of the King and Church to stay behind them that have potent Confederates is not safe nor kind and respective to Protestants 2. It will be ill for thousands of them that go under the Name of Protestants of the Church of England that may be proved not to have been at Common-Prayer in any Church or Chappel or place where Common-Prayer is wont to be made To prosecute Protestants that preach or are present at Religious Duties tho not after the manner of the Liturgy and to spare them that are oftener present at a Coffee-House or Tavern than at any Worship of God is too partial a Proceeding and argues little kindness to Religion by shewing more to them that wear a Name of Religion and not so much as a Cloak of Religion besides 3. It is not for the King's Honour Profit or Safety and therefore it is not good that a general Riddance should be made of all Dissenters both Papist and Protestant out of the Land by Abjuration when the Papists have many Friends that can furnish them with Arms to make their way back again with some Armies and Auxiliary Forces to help them to pull down the Church of England and set up what King they please 4. It cannot be good for the Church of England I mean the severe and rigorous tempered Men who will multiply Enemies against them when they see that Severities are used upon good Subjects and the moderate and sensible part of the Church will be grieved to see their Brethren in the Faith drawn out first for Sacrifice 5. It cannot be good for those Gentlemen who have expressed their dislike of our last Parliaments and that hope for another and labour to be in it themselves when the whole Nation see and know how friendly they are to the Popish Party how hard to believe as much a Popish Plot and have as soon as possibly they can after their Thanks to the King for his Ruling by Laws declared what Laws they are ready to execute Can they think that any besides a terrified servile Dependent Part of the Nation will vote for them or for their Friends Interest That therefore which is good for none ought not by any to be executed and none will but such as are resolved against all Reason and the highest Wisdom The other two Laws are directly against Protestant Dissenters Secondly It is not good to execute the five Mile Act upon them 1. It is not a righteous thing to execute that Law upon them except they are guilty of that Crime for which that Law doth principally and ' mainly provide The Crimes recited in that Act are Whereas they conformed not c. nor made the Delcaration in the Act of Uniformity but setled themselves in Corporations taking occasion thereby to instil the Principles of Schism and Rebellion into the Hearts of His Majesties Subjects to the great danger of the Church and Kingdom This is the pretended Mischief against which that Act was made and if so then it cannot with any Justices be executed but upon such as have sowed those Principles If such have been no Favour is asked for them But who comes out to prove that any Nonconformist Preacher hath instilled such Principles If some have why should those that have not suffer as if they had if some have find them out if all have spare none if none have why should any suffer If they have those Principles are very weak and ineffectual have had many Years to work in and yet for the honour of the Religion which they profess no Rebellion hath been as much as moved Was their Nor conformity a Crime they patiently bore the sentence of the Law Their living in Corporations could be no Crime their preaching Orthodox Doctrine could do no hurt to Church nor States their not taking that Oath was no greater a Crime in them than in all the Lords and Commons who then and since have argued against it and opposed it To instil the Principles of Schism and Rebellion must be the Crime Now if none of them have been guilty of that Instillation it is not good because not just to execute the Laws upon them 2. It is not good to execute that Law upon Dissenting Protestants which at first making was promoted by Men Popishly inclined and since appeared to be Papists and was never executed but in Favour of Popery and was opposed by Loyall Protestants I know not in what rank of Protestants to place him with whom this Argument is weak except among those good natured Protestants that have served the Popish Designs Who were the Promoters of it but Sir Tho. Clifford since Lord Treasurer and a professed Papist Sir Solomon Swale Growth of Popery under the Name of Andrew-Marvel Esq and Sir Roger or Tho. Strickland that since appeared to be Papists Who more opposed it than the wise and Loyal Earl of Southampton Lord Treasurer Earl of Shaftsbury who scented the Popish Plot and pursued it before many were aware the Lord Wharton and others firm to the Protestant Interest Take the good
places and perform their Oaths and they hope God will not judg them as Sinners for doing their Duty according to their Oaths and that the Kingdom of God may come tho there were not one Nonconformist left among us Noble Gentlemen An Oath is sacred and the wilful Violation of it a dreadful Sin provoking the Divine Displeasure The case is hard and really worthy of serious Thoughts For that learned and able found Men tho Nonconformists ought not to be punished but on the contrary protected permitted if not encouraged should be granted without any Disputation The Accusation of Rebellion beginning the Wars their Cantings and Tones and Fanaticism are really the Abuses of ill-tempered Men and of factious and narrow Spirits Wise sober just and charitable Divines and Christians that know their own defects what weak Instruments God hath used in his Church for greatest Services and what Temptations attend their Callings and how great a disadvantage to them and hindrance to their Learning and Proficiency their necessities forcing them to sell their Studies their many Removes Troubles in their Families have brought upon them will think and speak otherwise of them and God hath born Witness to many of them and given them Gifts not inferiour to those that despise and expose them rather like Poets and Painters than wise impartial Judges or Witnesses or Men of Charity Men in Power should look before they strike lest they pluck up any one of those Plants which the Heavenly Father hath planted and strike the Apple of his Eye And on the other hand it seems hard to censure Magistrates for executing the Laws which seems to be a Duty For satisfaction of this great Doubt I do with all just Honour to Magistrates and Respect to their Consciences and Comforts humbly offer something 1. It is clear and certain That no Justice of the Peace is bound by his Oath or Place to promote the Disturbance or Sufferings of the Nonconformists If any say They cannot see the Laws broken true by Routs and riotous Meetings that violate the Peace It is a Fancy and an imaginary Fear to say We do not know what Mischief may be in the Meetings of many hundreds or fewer There are thousands meet at Fairs and Markets and too many are drunk and disorderly and what fear is there of their Meetings what disturbance to the Peace What need of the Militia to keep them quiet or to prevent Insurrections What Peril is there in the Meetings of Ministers and Christians of all Sexes and Ages unarmed and innocent It is hard to think they cannot preach and pray and sing Psalms but they must then speak Treason move Rebellion that in their civil Conversation are as peaceable as other Men and careful of Words and Actions much less is it their Duty to imploy or encourage Men of ill Fame and broken Fortunes to be Witnesses against them even such as are not fit to follow their Dogs or rub their Horses have been the most forward in informing 2. When Information is brought before them this is also certain that except it be proved by better Testimony than what is usually given that such a Meeting was only upon pretence of Religion but there was no such Religious Exercise but on the contrary false seditious rebellious Doctrine was preached or the People were stirred up to Disobedience the Testimony doth not reach the end or matter of the Act and by Consequence the Justice is not bound to take notice of it If he upon such an Information that such a Man preached to such a Number in such a place and such a time shall issue forth his Warrants then he punisheth Religious Exercises absolutely and not respective to the ill Designs of Rebellion and the like I do conceive except the Proof be that such a Minister or Preacher did move to Sedition or Rebellion or other Ends forbidden a Justice is not bound by his Office to punish them if upon the common Information that is given that such a Man preached and such were present and no such Words tending to Rebellion proved or offered to be proved Then I beseech you consider whether upon pretence of preventing or punishing Seditious Meetings you really exercise your Power to obstruct discourage or punish peaceable and good Subjects for Religious Exercises And so as it is a horrid Wickedness in any Man upon pretence of Religious Duties to carry ill Designs against the Government so what is it to pretend ill Deligns where there are no such things as much as implied in any Discourses and to punish Men for Religious Exercises 3. It is certain a Justice may enquire and try the fitness of the Witnesses whether they be idoneous boni legales Homines they should be Men of Knowledg and Understanding of Probity and Truth and of Estates Men that know what they can attest punctual as to words spoken and the true sense and scope of them and Witnesses that will not lye that know what it is to swear and that fear a Lye and the common Sin of Perjury If a Mans word cannot be taken his Oath may be refused especially in a matter wherein his own Gain is the prime motive to his Testimony and swearing In such a Case it is great Charity in the Magistrate to dehort the Informer from his swearing ignorantly rashly or falsly and he cannot without great suspicion of Sin if not plain Sin forwardly take the Testimony upon Oath of ignorant ungodly and scandalous Informers I never yet knew or heard of any other sort of Men that gave Testimony against the Nonconformists as may appear in due time 4. It is certain no Justice is bound by Oath to misapply the Laws either without respect to the scope of them or the Persons upon whom they are executed I have taken notice of this in the fore-going Discourse I am now more confirmed that the Act of the 35th of Elizabeth was a two-edged Act but made and pointed more directly against the Papists than any other In that Parliament Sir Tho. Edgerton Lord Keeper Sir Rob. Cecil Secretary of State Sir John Woolley Sir John Fortescue did all declare or confirm That the occasion of that Parliament was the cause of Religion the Maintenance thereof the Preservation of Her Majesties Person and the Good of the Realm Mark I beseech you The Enemy of these is the King of Spain and the Pope the Antichrist of Rome said Sir Rob Cecil ☜ Mr. Townshend's Historical Collections of the 4th Parl. of Queen Elizabeth An. 1593. Eliz. 35th p. 58 59. From the holy League and the Papists the holy League of the Guisians to root out the Protestants in France said Sir John Wolley They that spake before me spake sufficiently of the Authors of our Troubles said Sir John Fortescue I did look with great Expectation for some full Discoveries of fears and dangers from the Puritans in those Days but could not find a word concerning any but the Brownists which were