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A25451 Animadversions upon Mijn Heer Fagels letter concerning our penal laws and tests with remarks upon that subject, occasioned by the publishing of that letter. 1688 (1688) Wing A3204; ESTC R37289 44,038 32

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conducing to the Security Peace and Welfare of the Civil Government being the immediate Concern thereof And all such things as respect meerly the Natural and Civil Rights of Men are to be moderated and judged by such as have the Government and Judgment of them in right of their Natural or Civil Stations and if wrong Judgment proceed in any particular Case yet it may be submitted to A Priviledge which might be insisted on may be waved A precept obeyed without any offence to GOD for Religion is no otherwise concerned in Things of this Kind than as it obliges to give due obedience to the Higher Powers and teaches to exercise self denyal so that a quiet Submission to an unequal Decree may be not only without Sin but well pleasing to God but in reference to Acts of Divine Worship especially such as relate to the Doctrine and Duties of Christian Religion they are to be performed in Faith and according to that measure of Faith and Knowledge which every Person who performs any such part of Worship hath attained of the revealed Will of the Invisible GOD who is the Object of such Faith and Worship In this respect the Divine Rule which is our Guide in Religion directs us to walk by it Phil. 3. according to our present Attainments till we arrive at a further degree of Faith and Knowledge Opinions in Religion are subject to vary in one and the same Person as he by his own search and instruction from others is convinced of any Truth which he before conceived to be an Error or of any Error which he before embraced as a Truth And in this respect no Human Law establishing a stated perpetual form of Religious Worship which doth neither directly nor of due consequence relate to the Civil Rights of Soveraign or Subject or to the general or invariable Laws of Nature can be the adequate Rule of every Mans Faith or Religious Worship in a whole Nation because tho it should command what is lawful in it self yet if it be not apprehended to be so in the Mind and Conscience of him who is required to Obey it cannot be by him performed in Faith without which its impossible therein to please God And if any Religious Act either for matter or manner be forbidden by a Human Law and not forbidden by the Law of God or common Reason of Mankind respecting either Divine Worship or necessary Human Policies which is apprehended by a particular Subject to be commanded of God if he forbear to do it because of such a human Prohibition that can be no excuse for him before God. And as it is with him who is to Obey so is it also with respect to the Legislators who make those Religious Laws The Divine Laws which respect the essential parts of the Worship of God are in themselves invariable and not to be changed by any human Authority but when any Persons who have the Soveraign Power make any Laws respecting Religion it s presumed they are made according to the present measure of the Legislators understanding of the Will of God therein And if we look back to what hath happened in this kind among our selves in former as well as in this last Age we may find that the Mutations herein made by Statute Laws and Ordinances has demonstrated a change in the Minds of our Legislators every succeeding Variation carrying in it self an evidence of an Error or Defect apprehended in the former Establishment The Rules relating to Christian Worship which are given in the Scriptures are Constant and Permanent always one and same and divers of these do not only admit and approve of great variety in several matters relating to the Worship of God but forbid the Rulers of the Church or any Church in general to impose an Uniformity upon the individual Members of their Communion In the Church at Rome Re mans 14. such as were Strong might dispute among themselves doubtful or mysterious Foints in matters of Religion but such as were Weak were not to be summoned to or determined by the Resolutions of the Strong One that was weak in Faith would eat Hearbs and drink no Wine another that was strong believed he might eat all things and drink Wine each of these are left to their Liberty and forbid to impose their Latitude or Scruples one upon another one Man esteemed one Day above another and regarded it to the Lord another Man esteemed every Day alike and did not regard it to the Lord. And the Rule in their Case is plain and positive every Man was to be a Rule to himself to do therein or forbear as he was perswaded in his own Mind for whatsoever is not of Faith is Sin They were all forbid to judge one another and every Man herein left to give an account of himself to God and not to Judge set at Nought or give an Offence to his Brother In the Church at Corinth 1 Cor. 14. a Latitude was allowed to the respective Members to Preach and Pray in different Languages and Forms so as they were each of them performed with the Spirit and Understanding and by Interpretation to the Unlearned all to Edification The Church were not to forbid any of their Members speaking with Tongues but to see to it that all things might be done to Edifying Decently and in Order The Apostles Advice was in some Cases To abstain from Marriage but not to forbid Marrying And his general Behaviour among and towards the Jews in observing some Rites in esteem with them in one manner among the Gentiles in another manner quite different becoming all things to all Men that he might gain some To them that were under the Law as being under the Law himself To them that were without the Law as being himself without the Law. And yet in all this variety of his Behaviour in Religious Matters and Religious Societies and Conversation not without a Law to God but under a Law to Christ So that if any Church by its Cannons tye all the Members thereof under pain of Censures to such an Unlformity in Worship as tends to abridg any individual Members thereof that Liberty which is granted by the Apostle in any of these Particulars they therein vary from the invariable Rules of our Lord and if the Churches or Ecclesiastical Rulers within themselves might not impose any such terms of Communion as might destroy this Liberty nor bring any of their Members under any Ecclesiastical Censures or Judgments for taking a liberty to Dissent from the rest in not observing a Day to the Lord when others would do it or for Worshipping in other Manner and Form then the generality of the Church would do so as the Church were not thereby interrupted in their publick Worship Certainly by a Parity of Reason this Christian Liberty should not be infringed by any Human Laws inflicting temporal Penalties for Non-conformity to the Days and Modes of Worship prescribed by such Laws when it is
Animadversions UPON Mijn Heer Fagels Letter CONCERNING OUR PENAL LAWS AND TESTS WITH REMARKS Upon that SUBJECT Occasioned by the Publishing of that LETTER Allowed to be Publish'd this 13th Day of July 1688. LONDON Printed by George Larkin at the Two Swans without Bishopsgate 1688. TO William Penn Esq BY these Papers which I send to be Perused by you my Worthy Friend you may perceive I have as you desired me Considered the Contens of Mijn Heer Fagel's Letter concerning our Penal Laws and Tests and Remarkt upon that Subject as Occasion was offered Before I had finished what I intended therein The Solution of the Popular Objection against the Repeal of the Penal Laws and Tests was Published Therein the Task you imposed upon me was so effectually Perform'd by the Author that you may well demand a Reason why I did not upon sight of it desist from any farther proceeding upon this Subject My Apology is Tho that has Substantially prevented me you did not formally forbid me The Arguments of it are sufficient to fortifie against any Fears Suggested from future Parliaments if Foundations be well laid in the next for Liberty of Conscience and may serve as is hinted in the Title Page for an Answer to this Letter of Mijn Heer Fagel as well as to any other Papers Published upon this Subject But yet I perceive there are who adhere to the Opinion in Vogue That we are more secure in our Religion and Liberties under our present Laws for Oaths and Tests then we can be by any other Provivision if these be Repealed And they strengthen themselves herein by what has been declared by this Letter of Mijn Heer Fagel to Mr. James Stewart and because the Author of that Paper does not stile it an Answer thereto in particular it still remains with some as if it were unanswered I encline to think and shall so do till I am otherwise convinced No man will attempt openly to Relpy upon those Arguments But I cannot take Silence in this case to be a sufficient Evidence of a Conviction I have therefore steered another course to break this Silence by offering some things to be considered upon the subject matter of Mijn Heer Fagel's Letter as a Moot Case 1. Whether contrary to their Highnesses declared Opinion many Christians are not subject to be very ill used because they differ from the Publick Established Religion if these Tests continue without any further Provision by a New Law to secure them from such Vsage 2. Whether those Penal Laws and Tests are Effectual to Exclude Roman Catholicks from any share in the Government Publick Trusts or Employments Or whether they have not been improved to a damage rather then to any real advantage to the Reformed Religion 3. Whether Better more Justifiable and Suitable Security both for our Religion and Civil Rights may not be obtained if His Majesty please to give His Royal Assent by Establishing the several matters proposed in His Declaration for Indulgence and some other Provisions to be made by a New Law then can be had or expected by continuing the Penal Laws and Tests as now they are What I have written tends to resolve these points for a Repeal of our Penal Laws and Tests If it meet not with better Arguments to the contrary then hither to have been published I have been the more large upon this Subject because I am of Opinion 1 That no man can for the cause of Religion plead any justifiable excuse for his not rendring Subjection to such as are his Superiours in a Natural or Civil Station in their lawful Commands 2 That the inflicting Temporal Penalties for such Errors in Religious Opinions as cannot be Evinc'd by the Principles of Reason and Conscience to be against the common Light of Nature tho they may be proved by Scripture to be against such mysterious Truths as are proper only to the Christian Religion is not to be justified either by the general Law of Nature or general Rules of Scripture 3 Though the point of Liberty of Conscience seems to be yet I doubt it is not really granted but stands in some need to be more fully inculcated That each person who desires for himself to be free and not coerced by Penal Laws to Worship God contrary to his Conscience may be disposed to allow the like Liberty to every other Person who desires it and is of years of discretion to plead for it pon the like terms It is a true saying Id verum quod Prius Truth 's Elder than Error But Error has trod upon the Heels of Truth by Satan's Transforming himself into an Angel of Light and his Ministers being Transformed into Ministers of Righteousness so as that the most Vpright from the first Creation of Man upon the Earth throughout all succeeding Generations have been so liable to Temptations as not always to consider by what Spirit they are Acted After the Fall of Man from that Original State of Vprightness wherein he was at first Created Though Internal Grace through Faith of the Operation of the Spirit of Christ for the Hope of Redemption by the Promised Seed first directed the proper use of Religious External Forms so as to render the Worshippers acceptable therein to God and in that Respect Liberty of Conscience had the Precedency of Persecution for Conscience Yet through the Instigation of that Old Serpent the Spirit of Antichrist Persecution for Conscience is as old as the Murther of Abel The Form of Godliness without the Power which then began to shew it self in Cain who was of that Wicked one and slew his Brother has ever since manifested it self in various Forms like the Harlot in the Proverbs Prov. 5.6 Gal. 4.29 whose Ways are moveable throughout all Ages in the World. And this evil Persecuting Spirit crept and still insinuates it self into the visible Church and into such among them as have a Zeal for God and for an outside Form of Godliness but not according to Knowledge And this is so much the more remarkable because although the Tract of Holy Scriptures discovers and often repeats the doleful Effects of this formal pretended Godly Correction of an Erroneous but really cruel Persecution of an Vpright Conscience Gen 4.8 Mat. 23.35 1 John 3.11 12 13. Jude verse 11. and has preserved upon Record from the Beginning to the Conclusion of Holy Writ the very Name of the first Bloody Transgressor of this sort often Repeated that it might be rendred odious to all future Ages especially under the Gospel Tet how oft has it hapned to the Evidence of the Divine Original and Verity of Scripture-Prophesies that even such as read them pretend but do not attend to be guided by their Voice have fulfilled them in Condemning the Just And whilst they speak as in the Language of the Jews when they built the Tombs and Garnished the Sepulchres of the Righteous if they had lived in their Fathers Days they would not have been
Partakers with them in the Blood of the Prophets even in the interim are stupidly regardless of the temper of their own Minds then bent upon and in the next Opportunity actually Persecuting the Righteous so as to fill up the Measure of their Fathers and bring upon themselves the Blood of all the Prophets which was shed from the Foundation of the World. My Inducement to touch upon these Points is the Hopes I have conceived that by His Majesty's Royal Countenance and Authority the destructive Instruments of this Inhumane Persecuting Spirit may be taken out of the Way so as that although the Malignity of it be as inourable as that of Babylon mentioned by the Prophet Jeremiah Jer. 51.7 8 9. Mic. 3.3 4.5 yet its Rage shall be so fettered as no more to take away Peace from the Earth whereto the setling and bounding of Religious and Civil Interests upon and within their distinct proper Foundations and Limits will greatly Contribute I cannot say as it is reported you have sometimes said That if you thought what you advised and perswaded to were not the safest way you would reckon your selves concerned to Act another Part But I can freely say If I were not of that Mind I would have chosen to be silent and Acted no Part at all But being perswaded that the modest Handling throughly Penetrating and free Debating these Points may produce such a Settlement amongst us as is most just and equal and in that Respect if it be once well laid most likely to remain unshaken to Perpetuity I have therefore written with an Intent that what I write should be throughly Scann'd with a Preparation of mind to bear the Censures of such as have a better discerning and will discover wherein I have Erred And in the first Place submit the whole to your Correction and Disposal as you think fit Wishing that both you and my self may so persevere in our mutual Endeavours to do well that in all our Greetings and Parting 's we may without Transgressing our Lord's Rule bid each other Heartily Farewel ANIMADVERSIONS UPON Mijn Heer Fagels Letter CONCERNING OUR PENAL LAWS AND TESTS I Have at the Instance of my worthy Friend for the Truth 's sake set some Hours apart seriously to Consider the substance of the Letter Written by Mijn Heer Fagel to Mr. James Stuart concerning our Penal Laws for Religious Matters and Tests And taking this Honourable Pensioner to be an Authentick Testimony of their Highnesses of Orange Declared Opinion THAT NO CHRISTIAN OVGHT TO BE PERSECVTED FOR HIS CONSCIENCE OR TO BE ILL VSED BECAVSE HE DIFFERS FROM THE PVBLICK AND ESTASTABLISHED RELIGION I cannot but acknowledge a great Satisfaction of Mind to see such a concurrent Evidence born by their Highnesses to their Royal Father's Gracious Declavation in a Point which next to the Blessed Gospel of Our LORD I take to be of the highest Concern to the Peace of Mankind as tending to Introduce and Establish Concord and Amicable Conversations in Families Neighbourhoods Cities Common-Wealths and Kingdoms where-ever it is Embraced and Candidly Pursued For although it may be subject to different Apprehensions as all other Opinions are in the Interpretation Limitation or Extent of it yet it s natural Tendency is to Abate and as Experience of its Usefulness does increase its Esteem to Eradicate that Antichristian and Inhumane Temper of Mind which under a pretence of Zeal for Religion has provoked Men to be at Variance Implacable and Unmerciful one towards another and instead thereof to instil such Christian-like Dispositions as will encline to a Peaceable Behaviour such as is becoming those who have the Name of Christ who is the Prince of Peace called upon them This Fundamental Maxim of their Highnesses though it be venerable for its Antiquity as well as its Intrinsick Vertue for it s as old as Christianity it self has not as our Sences Testify for a long time been Practised or admitted amongst us as a Plea to prevent the Persecution or ill-usage of such Christians as differ from the National Established Religion and in that Respect is but newly upon its Reviving And therefore it highly concerns all who need or expect the Benefit of it to take care that they themselves be not Instrumental to stifle it in its New-Birth for it requires a gentle and prudent handling and cannot be Introduced as it has been thrust out by Force or violent Passions but must be meekly dropp'd and instill'd by such Methods and suitable Demeanours as may Commend it to and Rivet it in the Minds and Understandings of those that have but lately Embraced it You see by the Sequel of this Lord's Letter That neither their Highnesses nor this Noble Person although Grounded and Principled in this peaceable Opinion do conceive it any ill Usage for Dissenters from the publick Establish'd Religion to be kept out of Government and all publick Employment and Trust And therefore if such who in all other Respects receive the Benefit thereof are denied that share of Power Trust or Profit in publick Stations which they think they ought also to enjoy in common with others as any of them are qualified for it upon a civil Account without any Religious Test imposed yet Christian Prudence will teach him that values Liberty of Conscience and the free and peaceable Exercise of his Religion by that Esteem he ought to have of it not to hazzard the loss of it again by an Over-valuation of any Worldly Honour Power or Profit but to bear with Contentation of Mind and manifest Chearfulness A Character if imposed by the Civil Government of a Person not Capacitated for publick Employment because of his Opinion in Religion different from the Forms of Worship Establish'd in the Nation It is a high Favour and Obligation to Gratitude That on the Dissenters behalf their Highnesses Declare They do not only consent as for the Papists in His Majesty's Dominions having as much Liberty as is allowed them by the States in their Provinces scilicet a full Liberty of Conscience but heartily approve of the Dissentexs having an entire Liberty for the full Exercise of their Religion without any Trouble or Hinderance so that none may be able to give them tho loast Disturbance on that Account This Grace strictly binds the Dissenters to manifest their real Thankfulness to their Highnesses by a suitable Deportment SO FAR AS IS CONSISTENT WITH THEIR DVTY TO GOD AND THEIR KING and with so much the greater Circumspection because their Highnesses Page 21. do also Declare They cannot agree to the Repeal of the Tests or any of those Penal Laws by which the Roman Catholicks are shut out of both Houses of Parliament and out of all publick Employments Ecclesiastical Civil and Military And this Noble Person afterwards adds his own Opinion to the same Purpose Page 3. And yet HE EVER WAS AND STILL IS VERY MVCH AGAINST ALL THOSE WHO WOVLD PERSECVTE ANY CHRISTIAN BECAVSE HE DIFFERS FROM THE PVBLICK AND