Promise some of the Kings liege Subjects affirming That there is a Final End of the said Promise But I do humbly conceive that my Plea for Liberty of Conscience is substantially founded upon those several Reasons therein soberly urged and particularly upon his Majesties Royal Promise as one of those Reasons For the better clearing whereof I must of necessity Recite his Majesties Princely Expressions when he Repeated his Promise a considerable time after it was first made Pray see his Majesties Declaration of December 26. 1662. Page 7. We well Remember the very Words from Breda viz. We do Declare a Liberty to Tender Consciences and that no man shall be Disquieted or called in Question for Differences of Opinion in matters of Religion which do not disturb the Peace of the Kingdom and that we shall be ready to consent to such an Act of Parliament as upon Mature Deliberation shall be offered to us for the full Granting that Indulgence We well Remember the Confirmations we have made of them since upon several Occasions in Parliament and as all these things are still fresh in our Memory so are we still firm in the Resolution of Performing them to the full But it must not be wondred at since that Parliament to which those Promises were made in Relation to an Act never thought fit to offer us any to that purpose that being so Zealous as we are and by the Grace of God shall ever be for the Maintenance or the True Protestant Religion finding it to be shaken not to say Overthrown as we did we should give its Establishment the Precedency before Matters of Indulgence to Dissenters from it But that being once done as we hope it is sufficiently by the Bill of Vniformity we are glad to lay hold on this Occasion to Renew unto all our Loving Subjects Concerned in those promises of Indulgence by a True Tenderness of Conscience this Assurance Page 8. That as in the first place We have heen Zealous to settle the Vniformity of the Church of England in Discipline Ceremony and Government and shall ever constantly maintain it so as for what Concerns the penalties upon those who Living Peaceably do not Conform thereunto through Scruple and Tenderness of Misguided Conscience but Modestly and without Scandal perform their Devotions in their own Way We shall make it our special Care so far forth as in Vs lies without Invading the Freedom of Parliament to incline their Wisdom at the next Approaching Sessions to concur with us in the making some such Act for that purpose as to Enable us to Exercise with a more Vniversal Satisfaction THAT POWER OF DISPENSING which we conceive to be INHERENT IN US nor can we doubt of their chearful Co-operating with us in a thing wherein we do conceive our selves so far Engaged both in Honour and in what we owe to the peace of our Dominions Page 9. Which we profess we can never think secure whilst there shall be a Colour left to the Malicious and Disaffected to inflame the minds of so many Multitudes upon the score of Conscience with despair of ever obtaining any Effect of our promises for their Ease Objections Objection I. But some will be ready to Object and sav That since this his Majesties Declaration the House of Commons did Vote and Resolve in Feb. 1663. First That the thanks of this House be returned to his Majesty for his Resolution to maintain the Act of Vniformity Secondly That it be presented to the Kings Majesty as the humble advice of this House that no Indulgence be granted to the Dissenters from the Act of Vniformity Objection II. And since this Advice an Act of Parliament hath been made for the punishing of such as are Dissenters from the Church of England See the Act against Conventicles April 1670. Answer Let not these things be thought to be Unanswerable Objections and so Conclude that there is a Total and Final End of that GOOD contained in the Kings Promise viz. Liberty of Conscience And therefore let these few following things be soberly Considered as an Answer to the former Objections First Consider who did best the KING in making this Promise of so great a Good to so great a Body of his Subjects as the Protestant-Dissenters are and pressing the compleat Performance of it or the House of Commons in advising the King to the contrary Especially Considering the great strength of Argument in the Kings Words in the before-mentioned Declaration Page 9. Wee do conceive our selves so far ingaged Both in Honour and in what we owe to the Peace of our Dominions which we profess we can never think secure whilst there shall be a Colour left to the Malicious and Disaffected to inflame the minds of so many multitudes upon the score of Conscience with despair of ever obtaining any Effect of our promises for their Ease Secondly Consider that the Votes and Advice of a House of Commons cannot wholly make Null and Void the Promise of a KING if the matter of the Promise be Good and Lawful in it self And especially if the King hath a legal Power in himself to perform such Promise or any Part thereof Thirdly Consider that though that House of Commons did Vote and Advise not to grant the Promised Indulgence by Act of Parliament yet they did not neither could they thereby viz. By their Votes take away the Power of the King in Ecclesiasticall matters so as he should not Suspend or Abate the severe Prosecutions of the Laws in matters of Religion which is the first part of his Majesties Royal Promise viz. That no Man shall be disquieted or called in Question for Differences of Opinion in matters of Religion which do not disturb the Peace of the Kingdom Fourthly Consider that though the House of Commons at that time did not think meet to Establish Liberty of Conscience by a Law Yet they left the King in the Injoyment of his Supream Power to Dispense with the Penalties of such Laws as were already made against Dissenters from the Church of England Fifthly Consider that his Majesty hath Declared in the fore-mentioned Declaration that he did conceive that he had an Inherent Power in himself to dispence with the Penalties attending his Subjects who living Peaceably could not Conform But did Modestly and without Scandal perform their Devotions in their own way See Page 8. Sixthly Consider that though the Parliament long after this did make an Act against Seditious Conventicles in the Year 1670. Yet they were very careful to Reserve unto the King his Supream Power in Ecclesiastical Affairs See Page 24 of the said Act thus Worded provided also That neither this Act nor any thing therein contained shall Extend to Invalidate or Avoid his Majesties Supremacy in Ecclesiastical Affairs but that his Majesty and his Heirs and Successors may from time to time and at all times hereafter Exercise and Enjoy all powers and Authorities in all Ecclesiastical Affairs as fully and as amply as
The Grand CASE OF SUBJECTION TO THE Higher Powers IN MATTERS of RELIGION RESOLVED To which is Added An APPENDIX To a Late Book Intituled A PLEA for LIBERTY of CONSCIENCE WHEREIN The Kings Supream Power in Ecclesiastical Matters Is Asserted Humbly Shewing that the Kings Majesty hath Royal Power Sufficient to Perform his Royal Promise for Liberty of Conscience By JAMES JONES a Protestant-Dissenter and now a Prisoner in Woodstreet-Compter for Nonconformity PSAL. 105.20 The King sent and loosed him Even the Ruler of the People and let him go free ECCLES 1.9 The thing that hath been it is that which shall be and that which is done is that which shall be done and there is no New thing under the Sun LONDON Printed by George Larkin at the lower End of Broadstreet next to London-Wall 1684. THE Grand Case OF SUBJECTION TO The Higher Powers IN MATTERS of RELIGION Resolved FOrasmuch as great Contention hath been and still is among Christians Concerning a Right Subjection to the higher Powers in Matters of Religion All those Princes and States who by the Divine Providence have the Supream Government in their Respective Dominions making such Demands of Subjection from their Subjects in Matters of Religion as they cannot conscientiously Conform unto in which they do not only Plead the Power of their own Laws but would fain urge something from Divine Authority that so Persons may yield Obedience unto them in their Established Worship as a bounden Duty unto God Therefore the following Discourse upon this Subject is Humbly Offered to the Consideration of all Rational and Conscientious Persons of whatsoever sort or degree amongst Mankind which shall be endeavoured in a Satisfactory Answer to the following Questions Quest I. Whether all sorts of Persons whatsoever are bound to Conform to whatsoever Worship is or may be Established by the higher Powers in their several Dominions Because the Holy Apostle Paul in Rom. 13.1 saith thus Let every Soul be subject to the Higher Powers for there is no Power but of God the Powers that be are Ordained of God Answer To which I Answer Conformity to Every Established Worship cannot be the meaning of the Apostle in this Text as shall be soberly demonstrated by the Reasons following First Because then the Christian Religion would utterly cease in all those Countreys in which the contrary Religion is Established and that by the Consent of the Christians themselves who in Point of duty must relinquish the Profession and Practice of the Christian Religion and imbrace a Religion Contrary to it because it is Required by Authority Secondly Because then Every Sort of Established Worship would be Esteemed and Accounted the true Worship of God how much soever such Worships may differ from and be Contradictory to each other whether it be Mahometan-Worship Indian-Worship Jewish-Worship or Popish-Worship as well as Protestant-Worship if it have but the Broad Seal of Humane Authority affixed unto it Thirdly Because such a sence of that Scripture Condemns both the Profession Practice and Holy Zeal of Peter and John who Refused to be subject to the Authority of the Jews when they Commanded them to preach no more in the Name of Jesus for Peter and John said Whether it be Right in the Sight of God to Hearken unto you more then unto God judge ye For we cannot but speak the things that we have seen and heard Fourthly Because this Sence of the fore-mentioned Scripture will Condemn the Profession and Practice of Paul himself for he was not a Conformist to the Established Worship of those times but was a great Sufferer under those that then were the higher Powers Objection But some will be ready to say That this was the Nonconformity of Christians in not Submitting to the Idolatrous VVorship Established by Heathen Powers But the present Nonconformity is a not Subjecting to Christian Powers To which I Answer First Consider that the words of Paul in the forementioned Text did Require Subjection to those that then were the higher Powers and they were Heathen Powers maintaining Idolatry and punishing the Professors of Christianity And therefore if Subjection to Established VVorship be at all Required in this Text then it may be fairly Argued that it was Required unto those that then were the Heathen Powers But Secondly Consider that the Primitive Christians did not only Refuse Conformity in Matters of Religion to Heathenish Powers but also to the Higher Powers of the Jews who were a People that did Profess the Law of Moses and the Doctrine of the Prophets but they had mingled their own Inventions and Traditions with Gods Commandments and were more zealous of their own ways then of Gods ways as it was Revealed to them by the Prophets and also by Christ and the Holy Apostles and therefore the Christians of the Primitive time did Refuse to Conform to them in matters of VVorship and chose rather to suffer under their Authority Thirdly Consider that since those times the Christians in many Countreys have not Subjected so as to Conform to the Higher Powers in matters of Religion though Established by Christian Powers as for instance the Protestants in Italy Germany Bohemia Spain France and in these Kingdoms of England Scotland and Ireland they did not subject so as to Conform to Popery when it was Established by Those that were in Authority Fourthly Consider That to allow of such a Sence of Pauls words viz. Subjection to the Higher Powers in Conforming to their Established Worship is highly to Condemn the generation of the Righteous viz. the Faithful Suffering Servants of Christ who under-went Cruel Deaths for not Subjecting to such matters of Religion as were imposed upon them because this would render their Suffering to be rather Folly then Faithfulness And then Fifthly Consider that such a Sense of Pauls words as aforesaid will lead Christians to be of any Religion that is or shall be Imposed upon them viz. if Authority should impose Popery as in Queen Maries days then they must be Papists and if Authority should impose Episcopal Protestancy as in Queen Elizabeth's and now in our days then they must turn such Protestants and if Authority should like any of the ways of Worship now among the Dissenters and so Establish that then the People must Conform thereunto viz. If Authority should like Presbytery better then Episcopacy then the People must turn Presbyterians and if Authority should like and Establish the way of such as are called Independants Anabaptists or Quakers then the People must turn such also and thus Religion would be always a changing according to the differing Minds of such as may be in Authority and so the Laws of men instead of the Laws of God would be the Rule for Worshiping of God and this is the way to have the Commandments of men taught as if they were Divine Doctrines and so bring men to Worship God in Vain as Christ hath said Mat. 15.9 But in Vain do they Worship me Teaching for Doctrines the
or Laws that such who were then in Authority had made or should make concerning Religious Matters so as to OBEY and CONFORM thereunto because then Christians must have lest the Worship of God according to the Gospel and have Conformed to the Worship of the Jews when among them and to the Worship of the Gentiles when among the Gentiles But by Submitting to every Ordinance of Man I do humbly conceive is meant a submitting to the several Orders and Degrees of Power and Dignity among Men considered in Authority viz. First to the King as the supream and chief in Authority and Secondly To such Governers as are sent or Comissionated by the King to be in places of Authority for the well managment of Affairs in his Kingdom in the Right distribution of Justice So as to punish the Evil Doers and to incourage them that do Well in all matters that should come before them between Man and Man So that we may Read and Understand the Words of the Holy Apostle thus Respecting the several Degrees of Persons in Authority in England Let the King be submitted to as the Supream Governour and let his Privy Councel and the Lord Chancellor or Lord Keeper the Lord Chief Justice with the other Judges the Secretaries of State and Attorney General and also Justices of Peace be all submitted unto as unto Governours who are put into Authority by the King who is Supream in the Government So as each Party may have that Honour that Respect and Reverence as is due unto them suitable to that Dignity that the King hath Confered upon them and this is according to the Exhortation of the Apostle Paul Rom. 13.7 Render therefore unto all their dues viz. Tribute Custom Fear and Honour And these Duties of the Saints must be suitable to and Correspondent with their Christian Love to each other in maintaining their Gospel Fellow-ship as a Brother-Hood and the true Fear of God as it is plainly Declared in the former discourse of the Apostle Peter in 1 Pet. 2.17 Honour all Men Love the Brother-Hood Fear God Honour the King In which Words of the Apostle he taught the Servants of God in that Day that while they were zealous in and for the matters of Christianity they should also make Conscience of the matters of Humanity in a right behaving of themselves towards all Men and especially towards those that were in Authority that so they might Practice according to the Doctrine of Christ Luke 20.25 Render therefore unto Caesar the things which be Caesars and unto God the things which be Gods And this kind of Subjection to the Higher Powers hath been the Profession Principle and Practice of the true Servants of God in all Ages in times past And it is now the Profession Principle and Practice of the PROTESTANT-DISSENTERS in General in all parts of this Kingdom and they have given great Demonstration of this thing even when they have been divers times loaded with many Miseries in being Prosecuted by Penal Laws only for matters of Religion And even now at this time and above a Year past they have been and still are Prosecuted divers ways viz. By the Statute of the 23 of Elizabeth many have been indicted thereupon for not coming to Common Prayer The penalty whereof is Twenty Pounds a Month and many have been Prosecuted by the Conventicle-Act and so Suffered the loss of their Goods or else have been forced to Pay the several sums of Money levied upon them because they would not suffer a greater damage by the loss of their Goods And many have been Prosecuted as Rioters for being at Protestant Peaceable Meetings and have been Fined at the pleasure of some in Authority and so have been forced to Pay such Fines or else go to Prison And many have been Prosecuted by the ECCLESIASTICAL COURTS to Excommunication and so cast into Goals by the Writ de Excommunicato Capiendo only for not frequenting Common Prayer and for not receiving the Sacrament in their Parish Church And in this way of Prosecution Doctor PINFOLD of Doctors Commons in London hath done more harm to the Protestant-Dissenters then any one of the Ecclesiastical Doctors in England having forced into the Prison called Woodstreet-Compter above Thirty Persons in less then thirteen Months time and now at the time of the writting hereof Two and twenty Honest Cittizens are in the said Prison and several of them have been very sick but God in his Mercy hath recovered them and many because they cannot under-go such hardship as to be shut up in Prison from their Families and Trades have purchased their Liberty at a Dear Rate in giving great Sums of Money to Doctor PINFOLD to take off the Excommunications and so allow a few Months from hurrying them into Prison But if they do not Conform in the time Allotted them then they are Prosecuted again so as to be sent to Prison or else brought to a new Composition And besides all this many have been sent to the New Prison being Protestant-Dissenters taken at Protestant Meetings Four and Twenty have been there at one time several weeks but some are discharged and since that some more have been committed And many have been committed to Newgate one of which viz. Mr. Francis Bampfield a Nonconformist Minister dyed in that Prison on the 16th of February last and Mr. Zacharias Ralphson another Nonconformist Minister imprisoned there died the 20th of March following Mr. Bampfield was taken from his Meeting where he was doing his Lords Work and being brought before a Magistrate had the Oath of Allegiance tendred to him for Refusal whereof he was first committed to Prison and afterwards Premunired Mr. Ralphson was taken from his own House and committed to Prison upon the Five-mile Act and afterwards fined one hundred Marks for Publishing a Book Intituled An Apology for Gods Worship and Worshippers Both these Ministers were men of great Learning Famous for true Godliness and faithful Labourers in the Lords Vineyard But now they rest from their Labours and their Works follow them Now let this be soberly Considered that the before-mentioned Prosecutions have been against and have fallen upon his Majesties Protestant and Peaceable Subjects who do make Conscience and exercise a daily care to give such a Subjection to the Higher Powers as the Word of God doth Require And as such Prosecutions for matters of Religion are without any Precept from Christ so they are contrary to the Royal Promise of the King For the full evidencing whereof let the following Discourse be candidly Considered AN APPENDIX To a late Paper called A PLEA for LIBERTY of CONSCIENCE WHEREIN The Kings Supream Power in Ecclesiastical Matters is Further Asserted FOrasmuch as I have lately Published a small Book Intituled A Plea for Liberty of Conscience Grounded upon the Holy Word of God and the Royal Word of the King I have since met with some Objections against the said Plea as it is Grounded upon the Kings Royal
himself or any of his predecessors have or might have done the same any thing in this Act notwithstanding Seventhly Consider that after this Act had been Severely Prosecuted against the Protestant-Dissenters in many parts of this Kingdom to the very great damage of many Protestant Families his Majesty was pleased to take this matter into his Princely Consideration and did think himself Obliged to make use of his Supream Power in Ecclesiastical Matters for Ease and Relief of his distressed Subjects See his Majesties Declaration to all his loving Subjects published by the Advice of his Privy-Counsel March 15. 1671 2. Which runs thus Page 3. Our Care and Endevours for the preservation of the Rights and Interests of the Church have been sufficiently manifest to the World by the whole course of our Government since our Happy Restauration and by the many frequent ways of coercion that we have used for reducing all Erring or Dissenting persons and for composing the unhappy differences in matters of Religion which we found among our Subjects upon our Return Page 4. But it being evident by the sad Experience of twelve Years that there is very little Fruit of all those Forceable corses we think our self Obliged to make use of that Supream Power in Ecclesiastical Matters which is not only INHERNET IN US but hath been DECLARED and RECOGNIZED to be so by SEVERAL STATVTES and ACTS OF PARLIAMENT and therefore we do now accordingly issue this our Declaration as well for the quieting the minds of our good Subjects in those points for the inviting Strangers in this conjuncture to come and Live under us and for the better Encouragement of all to a chearful Following of their Trade and callings from whence we hope by the Blessing of God to have many Good and Happy Advantages to our Government Page 5. We do declare our will and pleasure to be that the Execution of all and all manner of Penal-Laws in matters Ecclesiastical against whatsoever Sort of Nonconformist or Recusants BE IMMEDIATLY SUSPENDED and they are Suspended And all Iudges Iudges of Assise and Gaol delivery Sheriffs Iustices of the Peace Mayors Bayliffs and other Officers whatsoever whether Ecclesiastical or Civil are to take notice of it and pay due Obedience thereunto Objection III. But some will yet further Object and say That the House of Commons at the sitting of the Parliament after this Declaration did disapprove of this Indulgence as it was Granted by the King Answer I. What is before replyed to the first Objection concerning the Resolves and Advice of the House of Commons in 1663. may very well serve as an Answer to this Objection viz. That the Votes of the House of Commons doth not take away nor deprive his Majesty of his Supream Power in Ecclesiastical Affairs to DISPENCE WITH THE PENALTIES and SVSPEND THE SEVERE PROSECVTION OF THE LAWS in matters of Religion for ease of his Potestant and Peaceable Subjects Answer II. And besides this if there be any Argument from the Votes and Resolves of the House of Commons in 63. When they OPPOSED what the King Pressed for as the Performance of so great and so good a Promise it is humbly conceived There is much more Argument from what was Voted and Resolved by that House of Commons in November 1680. In these words Sabbati Sexto die Nov. 1680. Resolved Nemine Contradicente That it is the Opinion of this House that the Acts of Parliament made in the Reign of Queen Elizabeth and King James against Popish Recusants ought not to be Extended against Protestant Dissenters Forasmuch as this latter Resolve of the House of Commons is in some sence an Exposition of former Penal-Statutes as not being designed against Protestà nts But more especially the Argument is Because this Resolve of the House of Commons in Nov. 1680. doth Agree with his Majesties Royal Promise that his Protestant and Peaceable Subjects should not be disquieted for Matters of Religion Now from these things soberly Considered It may be safely concluded That His Majesty hath Sufficient Power to perform his Royal Promise And if the Poor Protestant-Dissenters must be spoiled by severe Prosecutions It is not for want of promise nor for want of power on the Kings part to help them Forasmuch as the King hath Asserted That he hath a Supream Power in Ecclesiastical Affairs not only inherent in himself but Recognized to be so by divers Statutes and Acts of Parliament And therefore it is humbly and heartily desired that his Majesty would be Graciously Pleased to Joyn his Royal Power with his Royal Promise that so his Poor Protestant Subjects may be eased of those many Miseries that they now groan under And as this would be joyfully and thankfully accepted of by the Prosecuted Protestants so may His Majesty hope by the Blessing of God to have many good and happy Advantages to his Government thereby Entred According to Order FINIS