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
Lordship be mistaken concerning the Laws and Constitutions of Our Kingdom there is the like Occasion for a Right Information therein to be given to his Lordship and all others who concern themselves therein And as he subjoyns the Reasons why the Roman Catholick's are not shut out of Military Employments but are Excluded by Name from all share in the Government and from all Employments either of the Policy or Justice of their Country so I may humbly offer to His Lordships further Consideration such Reasons as I think to be cogent why no Dissenter Roman Catholick nor Protestant if Commanded and Authorized by the King and in all other Respects not touching his Religion duly qualified according to Law to Execute any Employment Civil or Military should be Excluded from thence purely because his Religion or manner of Worship is different from that which by statute-Statute-Law is Establish'd to be the publick Worship of the Nation I doubt not but that forementioned Maxim which tends to and is necessary for the Maintenance of publick Peace and equal Justice and which is before declared to be the Opinion of their Highnesses is built upon the same Foundation which his Lordship declares to be the ground why he is very much against all those who would Page 3. Persecute any Christian because he differs from the Publick Establish'd Religion Scil. Because that Light with which Religion Illuminates Our Minds is purely an Effect of God's Mercy to us and inclines to Pity and Pray for those who Err That God would bring them into the Way of Truth and to use all Gentle and Friendly Methods for Reducing them to it And his Lordship may very well say That He could never Comprehend for I think it is not to be Comprehended by any man how any that Profess themselves Christians and that may Enjoy their Religion freely and without any Disturbance can judge it lawful for them to go about to disturb the Quiet of any Kingdom or State or to Overturn Constitutions that so they themselves may be Admitted into Employments And let me add to this from the like Reasons of State and Obligation of Religion I can as little apprehend how any that are of the National Religion and may enjoy both that and all the publick Benefits of it freely and without any Disturbance can go about to disturb the Quiet of this Kingdom and to make not only Religious but our Civil Constitutions so to jarr and justle one against another as to threaten the over turning of the whole That so under the Umbrage of Statute Laws in some Respects incoherent if not with the Fundamental Law yet with the present State and Management of Publick Affairs they themselves may be the only Persons capable of Employments Exclusive of those many Myriads in the Nation who upon a Civil Account may justly desire that such Statute Laws may in an orderly Method be either in part or in whole Repealed or so Limited or Explained as that they may not for the future be any more than others of His Majesty's Subjects entangled in or subjected to a loss of their Civil Rights for a good Conscience towards God or Obedience to the Commands of their King in such things as are in their own Nature not only lawful but necessary to be done It may be his Lordship has not taken such strict notice of the Nature of the Government Constitutions and different Qualities of the Respective kinds of the Laws of England as he has done of those of his own Countrey all which are necessary to be known and well pondred before any Solid Judgment can be made in Respect of such Proceedings as have been and are like to be amongst us in the disposal and calling of Persons to Offices Places of Trust and Publick Employments His Lordship is pleased frequently in his Letter to put a great Emphasis upon such Laws as he would not have Repealed in that they are made both by King and Parliament whereas setting aside the subject matter there is nothing more in this then what is requisite to every Statute that passes into a Law some of which have never been observed at all but openly broken every day and no man ever Prosecuted for the breach of it Others Prohibiting some sorts of Trades and Merchandizes which have been Evaded Neglected or Counived at or Dispensed withal upon divers Occasions not needful to be mentioned Nothing is more frequent amongst us then to have Statute Laws made in one Parliament to be Repealed in part or in whole by the next Succeeding and sometimes in the same Parliament if of any Long Continuance But on the other hand the Sages of our Law have in their Law Books delivered certain Fundamental Maxims from which we can never recede as that If a Statute Law should be made contrary to Common Right and the General Law of Nature Reason or Scripture such a Law would be void of it self And when Actions have been grounded upon a particular Statute which in the ordinary construction of words did seem to Intrench upon any Fundamental Maxims Our Judges have given another Interpretation of such Statutes then the words in common construction would bear rather then give Judgment in any special case against such General and Fundamental Maxims The King's Prerogative is part of the Common Law of England and as this is expresly saved in several Statutes so it hath been frequently Interpreted by the Sages of our Law to extend to the Dispensing with Suspending or Pardoning of any Penalty incurred by a Statute-Law whereby no Subject can derive a particular damage to himself and wherein the Kings Power is not expresly limited And where the nature of the Offence is such as may be dispensed with the King is not confined to Number Place or Time for That the Law leaves indefinitely to His Pleasure that the Remedy may be proportionable to the Occasion And tho every Penal Statute is intended in some sense Pro Bono Publico yet it may not be Pro Bono Singulorum Populi And in such cases the Offence is understood to be only to the King's damage in His Publick Capacity of Supream Governour and therefore wronging none but Himself His Prerogative may be Exercised as oft and as largly as he is Gratiously Pleased it shall be in Acts of Mercy Kindness and Goodness to any of His Subjects who are Obnoxious to Penalties by breach of Penal Laws so as no other of His Subjects be injur'd thereby in their particular Rights And in many cases with a Non-obstante in His Grant to a Non-obstante in an Act of Parliament therein Recited His Lordship is pleased to say That it is contrary to the Laws and Customs of all Christian States whether Protestants or Papists who recieve none to a share in the Government or to Publick Employments but those who profess the Publick and Established Religion and that take care to secure it against all Attempts whatsoever But this must be taken with an Exception
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
OF ALL HIS LOVING SUBJECTS The other granted by their Highnesses THAT NO CHRISTIAN OUGHT TO BE ILL USED BECAUSE HE DIFFERS FROM THE PULICK AND ESTABLISHED RELIGION There is one thing more occurs which I shall offer to consideration which seems to me taken singly if there were no more to be alledged in this case a good reason why these Penal Laws which require the taking of the Sacrament Oaths and Tests should be either in express terms repealed or which is tantamount by some new Law so explained and limitted as that the Penalties and Disabilites may not be inevitable but some way or other by and consistent with the discharge of a good Conscience towards God and the King be avoided For as the case now stands His Majesty being pleased to Nominate Authorize and Appoint many Persons who are Dissenters from the Established Religion and in that regard cannot with a good Conscience take Sacraments Oaths and Tests in the manner they are enjoyned to execute several publick Offices and some such Persons may also be Called or Elected to serve in Parliament If any of them do refuse to serve in any of these publick Offices or Places of Trust they are by our Laws liable to be very ill used by Fines and Imprisonments and that justly too as is presumed because they refuse to Execute such Offices and Places of Trust as are not only Lawful but Necessary and must be Executed by them or some others No Man can by our present Laws excuse himself when he is not legally priviledged or exempted from any Service to which he is lawfully called by his own Default that is by his not qualifying himself according to the Directions of Law for the Execution of those Places and if he do accept and serve in those Places without such a Qualfication to which he cannot in Conscience submit he is obnoxious to as ill usage for Serving and Acting in those Offices and Places of Trust as if he refused so that until the Law be otherwise declared or some suiteable Provision in this case made by some other Law. Such as are most consciencious and desirous to discharge that respective Duty which they ow to God their King and their Country in our present Circumstances are more liable then any others to be very ill used and if this be well considered that the King who has the sole Nomination and Power to Authorize such Persons as he pleases to serve in places of highest Judicature and Trust And Electors if they may have their free Choice as by Law they ought to have will probably in many places chuse such as are Dissenters to serve in Parliament when his Majesty shall please to send out his Writs for that purpose It ought to be shewn That as the Laws now are the King has no Power to Appoint or Command and the Electors no Power to chuse such Persons to serve in Offices or Places of Trust or otherwise it is requisit that these present Laws be Repealed or so far altered and limitted that such as are Dissenters may be secured in their Consciences Civil Liberties and Properties either for serving without taking the Sacrament Oaths and Tests or for refusing to serve because they cannot take them and whosoever shall well weigh the apparent Inconveniences and ill Consequences that are likely to follow on the one Hand by any Person being permitted to excuse himself from a hazardous or chargeable Office or Place of Trust upon pretence of Conscience and the difficulty of contriving any such Law as shall limit the Kings Prerogative and the Subjects Election so as that the King shall not command any of his Subjects to attend his Person serve in Parliament or execute any publick Office or Imployment Civil or Military but such only as voluntarily have or will take the Sacrament Oaths and Tests and so as the Penalty incurred shall fall upon the Persons who Elect any Man to serve in Parliament or to any such Office in case the Person Elected will not Voluntary take them in manner as by Law prescribed And if it be consider'd on the other Hand how justifiable and equal it is and how we may be by other ways secured against all Hazards if these Penal Laws and Tests be Repealed It may appear more easie and safe to Repeal these Laws and Tests then to contrive any New Law consistent with the continuance of those Laws in force which shall be effectual to remedy the aforementioned and now unavoidable Inconveniences What his Lordship says pag. 4 5. That there is a great difference to be observed in the Conduct of those of the Reformed Religion where they have the Government towards Roman Catholick's and of the Conduct of the Roman Catholick's where they have the Government towards such as are of the Reformed Religion connot be denyed and this may be a caution why no Protestant Governors of a Protestant Nation should voluntarily invite any Roman Catholick's to take a share with them in their Government who cannot claim any right in it but this does not reach our Case at all We are providentially brought under the Government of a Sovereign Prince who is of the Roman Catholick Religion And he hath many Subjects of the same Religion who by the Laws of Nature claim according to their Quality and Numbers an equal share with others in the enjoyment of Civil Rights and Priviledges and under our present Circumstances it is equally as unjust unsafe to press for the execution of such Penal Laws against them for their Religions sake as it would be to press for the observance of Rules made in a common Case when we fall under such Emergenies as require the supersion of them Besides as we have a Prince of the Roman Catholick Religion so we have also a Soveraign who in this respect differs from and excels all others of that Religion in that His desires are to settle all things on such a Foundation as may be a lasting security to all his Subjects so far as Soveraign Power the wisdom of a Parliament subjects consent and common interest of the whole can provide that none of them may suffer any dammage in their civil Rights for the sake of their Religion and that all civil Interests notwithstanding their different opinions in Religion may be united in the common defence and Security of his Majesties Kingdoms a thing most desirable in its self and most conducible to the Safety Welfare and Honour of the Nation Other Neighbouring Kings and States may well be jealous of and underhand indeavour what they can to prevent such a Settlement but in contemplation that their Highnesses are in a possibility of suceeding in the Throne I see no reason why it should not be esteemed their Interest to promote the settlement of his Majesties Three Kingdomes on suth a Foundation of Peace and Union as is designed by his Royal and Gracious Declaration And if none of these things which I have written can prevail with his Lordship to move their Highnesses to give their Consent and Assistance upon such due terms of caution as are offered by his Majesty to the repeal of these Penal Laws and Tests which stand in the way of such a peaceable and lasting Settlement as is proposed and desired yet I hope it may prevail with him so to represent to their Highnesses such of the Dissenters as in their respective Stations indeavour the accomplishment thereof as that their Highnesses may not be offended thereat Because what they have done and shall do herein IS OUT OF GRATITUDE AND DUTY TO HIS MAJESTY OBEDIENCE TO THE GENERAL LAWS BOTH OF NATURAL AND REVEALED RELIGION AND LOVE TO THE PRINCIPLES AND PROSPERITY OF THE REFORMED RELIGION Which forbids every Man to do that to another which he would not have done to himself and commands every Man to do his present duty to God in the first place and to his present Soveraign in the next place leaving the success and future events of their so doing to the Wise and Gracious disposal of God who judgeth amongst the Gods sitteth upon the Floods as King for ever does Rule and Will over-Rule all things as for his own Glory so also for the good of them that sear him and knows how to deliver the Godly out of Tamptations Into whose Hands it is better to commit the keeping of our Souls in well-doing with such hazards as attend the outward Man then for the preservation of the outward Man to strain any Religious Opinion in reference to civil Concerns in any such manner or measure as is inconsistent with the general Laws of Religion and Nature for whoever makes use of any such method to preserve his civil Concerns or defend or propagate his Religion it may be suspected he is either wrong in his Opinion or takes a wrong course to maintain it FINIS