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A84001 Englands settlement, upon the two solid foundations of the peoples civil and religious liberties. Collected out of divers petitions, declarations, and remonstrances; wherein is discovered the general genius of the nation. By a well-wisher of the peace and happiness of the three nations. Well-wisher of the peace and happiness of the three nations. 1659 (1659) Wing E3051; Thomason E995_17; ESTC R201934 20,652 35

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those mens sleeves and to swear all their fancies against their Consciences If the Founders of the Common-wealth of Holland had suffered themselves to be directed by such wile Counsel as Mr. Clark suggests to the State here that Republick had never been fetled nor arrived to that prosperity and plenty it now enjoys but upon the contrary their United provinces had been distracted provinces and their Common-wealth had been Common-poverty for by their own intestive divisions and persecutions for Religion they had ruined one another as may be known by the great danger of subversion they incurred through the factions and tumults that arose among them between the Arminians and the Gomarists Whereas by putting no Restraint upon mens Consciences and by granting an innocent Toleration they setled their State firmly and ever since upheld it constantly for thereby all the peoples interest were cemented and United to concurre for defence of that Common-wealth under which they enjoyed so great soul-freedom and happinesse Yea the Papists themselves who though equall in number to any one Religion in the United provinces yet do not enjoy the publick exercise of their Religion which is granted to diverse other professions but rather a connivance of private exercise then a Toleration though without any restraint upon their Consciences have been so tyed by that favour to the State that they have been most faithfull to it contributed and concurred for the defence of it and that against a Prince who both by Nature and Religion might seeme to have a great interest in them and an influence on them Which showes sufficiently that the Papists if they be not prest in their Consciences and what Protestant does not kick if he be prickt there are not such Enemies to Government and depend not so much upon any externall power in Temporall matters as we have been made beleeve a long while Wherefore to Conclude it 's no small shame for this Noble Nation wherein there are so many refin'd wits to be overwitted by the Hollanders whom yet we esteem inferiour to us For they by a prudent moderation in matters of Religion have setled and maintained their Republick raising it almost from nothing to a great height and perfection Whereas we by our imprudent if not un-Christian persecuting one another for Religion can settle nothing but put the State alwayes a rolling The only means then to settle this State besides the security of the peoples civill liberty which we have laid above as the first foundation of this Fabrick is to grant the people the just and spirituall liberty of their soules that they may be free of all restraint upon their Consciences by Oaths Abjurations imprisonments Sequestrations and the like old paltrie courses unfit for Christians And as this freedom from all restraint of conscience ought to be common to all Christians of these Nations so the liberty of exercising their respective Religions may be diversly dispenced according to the Rules of prudence and conveniency of the State for to some Religions publick exercise may be granted and to others only private But to prevent all Disorders that may arise it will be necessary to prescribe strict lawes against all those who shall presume to disturb others in the peaceable and warrantable exercise of their Religion or who by violent courses shall endeavour to spoile others of the just liberty of their Consciences and to execute those laws severely and exemplarly upon all such offenders as also it will be just to punish rigoronsly all others who shall be found to act any thing against the State under which they enjoy so great happinesse Provided always that the innocent persons of any profession may not suffer with or for the guilty but every one may only carry his own burthen And so by this moderate and just procedure which is chiefly necessary in a Common-wealth it 's humbly conceived that our long distractions and Miseries would soon cease our former rancours would be quickly buried in oblivion Christian Charity and Moderation would spring up among us Peace and plenty would reflourish the desires of the peoples hearts would be satisfyed Gods judgments might be removed and the State firmly setled The performance of all which goods would bring no lesse Honour to the Parliament then it would create joy and comfort in the hearts of all the Godly and peaceable people of these so long afflicted Nations FINIS
when these good ends of Government are not pursued but inverted the people cannot but rest discontented and they ordinarily watch their opportunity to subvert that perverse Government that they may so free their necks from the yoak of Slavery and Misery And consequently that Government can never be well setled which is not founded upon and does not constantly secure the peoples Civill liberty as they are Men. Experience shewes this to be true in the late Troubles for Arbitrary Government and Encroaching upon the peoples Civill liberty was one of the alleadged grounds of the warre between the late King and Parliament whereby the former Government came to be subverted Wherefore to settle this state and Government well the evils of Slavery and oppression must be removed and the good of just Civil Liberty must be secured Now it is well known to all unbyassed and uninterested men and to the whole people that their Civil Liberties both in their persons and estates have been much more violated since the Kings Death then they were before in the Kings time For first The peoples Civil Liberty has been generally and highly violated in their Representatives when the major part of the Parliament Members were violently thrust out of the House and divers of them imprisoned and much more when whole Parliaments were dissolved without any lawful Authority but by meer force and the power of the sword which the peoples servants turned against themselves Again the peoples Liberty was generally infringed by the change of Government and by election of a new Supream Magistrate without the suffrages of the people to whom only that Right and priviledge does belong even in their principles who made all those alterations And besides the people was generally abused when they were kept in great subjection and slavery under that new Magistrate by the power of the Sword But the peoples Liberties were more particularly violated when divers free-born persons among them were imprisoned by arbitrary power without any known Law and unchristianly and inhumanely used in prison And when some very simple and innocent persons were drawn into Traps by Trepanning Plots and then were cruelly executed as Traitors under the colour of Justice The Instruments of which mischiefs did imitate their Father the Devil who first tempteth man to sin then accuseth him of it and punisheth him for it Lactly the people suffered extreamly in their goods by exorbitant and continual Taxes and that under pretence of necessity to maintain an Army whereas the Army-Officers in that fatal Remonstrance from St. Albans anno 1648. did pretend that the Removal of the King was necessary for disbanding of the Army and casing the people of their heavy burdens and taxes but we see neither the one nor the other has followed on it but that rather our miseries have encreased Now if we shall joyn to those intolerable taxes the great decay of Trade occasioned principally by making an unnecessary war with Spain upon the score of private interest against the general good and to the great damage of the three Nations as may be seen at large in that excellent Remonstrance of the Merchants presented to the late Protector and Parliament it may be clearly seen that nothing has been wanting to make the people of these Nations perfectly miserable both in their persons and estates If the farthing Taxe of Ship-money was thought so heavy and intolerable a burthen in the Kings time when Gold was almost as plentiful as Silver is now and when our Trading admirably flourished all the world over What may be justly thought of all the Taxes that have been raised since the beginning of these Troubles or particularly since the Kings death May it not be justly concluded that these Taxes being compared with the ship money c. To which they have so Vast a disproportion have been and are a burthen to the people more then Intolerable And therefore it s no wonder that the people rests so much unsatisfyed and the State unsetled These are the great evills that must be removed before the Government can be setled upon the solid basis of the peoples just and civill liberty Ex malis moribus bonae leges oriuntur Wherefore to attain this good end of settlement it 's necessary 1. That some solid course be taken to make the power of the sword subordinate to the Civill and supream power of the Nations and that the Souldiers be not suffered any more to domineer over their Masters otherwise our Miseries and Confusions will never end but still increase as may be known by the practises of the Pretorian bands among the Romans and of the Janisaries among the Turks 2ly That no person be imprisoned nor his goods touched without the breach of a known law 3ly That now at length the people may be freed from their long and exorbitant Taxes and eased of their other heavy burthens which they may justly expect as a reward of their long Patience if they cannot reap it as a fruit of their Victories And for this end it will be necessary to reduce the Army to as small a competent number as can be conveniently which in reason ought not to breed any great difficulty For the Officers who have got good estates maybe well contented to enjoy them and live upon them and the Souldiers being pay'd their Arrears and some of the best deserving among them rewarded according to their merits may be easily encouraged to returne to their former Trades and not remain any longer a burthen and scourge to their distressed Countrey which may be sufficiently secured without them by setling a good Country Militia Lastly all possible means must be used to quicken and advance Trade and Commerce which are the Golden Mines of England and are now so much decayed By all which meanes the peoples just and Civill liberty will be secured and the State in a part setled but with out them this Common-wealth will be quickly transform'd into Common-poverty Hence it may appear by the way that though all the aforesaid evils be remedied yet the people of these Nations shall hardly be in so good a condition in reference to their Civill Liberty and property as they enjoyed under the King against which they did so much repine which comes farre short of the great happiness and freedom they proposed to themselves and that were held out to them in many Declarations The other main Basis or pillar that must uphold the great fabrick of this State to make it stand firm and sure is the spirituall liberty of the people as they are Christians which consists in this that no person professing faith in Christ be molested or oppressed in his Conscience for his judgment in matters of religion or in things meerly relating to the worship and service of God This appears to be the sense of the Parliament it self this is the desire of the most peaceable and Godly people of the Nation and this is the common judgment of almost all men
who have a grain of Solid prudence The Parliament has shown sufficiently their sense of the business in two Declarations in the first whereof 17. March 1648. Bringing their reasons for changing the Government from Monarchy into a Common-wealth they say Art 4. That it is to procure a just liberty for the Consciences Persons and Estates of all Men conformable to Gods glory and their own peace And in their last Declaration of the 7th May 1659. They promise by the assistance of Almighty God to endeavour the settlement of this Common-wealth upon such a Foundation as may Assert establish and secure the property and liberties of the people both as Men and Christians The peaceable and Godly people have manifested their desires by many petitions Remonstrances and printed books to this purpose And all men whose inconsiderate Zeal does not weigh down their wits do see with the Parliament wherein ought to be centred the wisdome of the whole Nation that the Government of these Nations as the case now stands cannot be firmly setled without taking away of all restraint over mens Consciences and granting an innocent Toleration which may be evinced by these following Reasons 1. All men of Conscience do know that freedom of Conscience in matters of Religion is the last and highest interest of man Valued by him above all earthly things and therefore nothing can be more earnestly desired by him And upon the contrary nothing is more repugnant to man then a restraint or Coercive power over his Conscience as being against his last and highest interest and therefore it cannot but raise a deep discontent in him with an earnest desire to be free of that soul-Tyranny and not only to wish but also if it be in their power even to work and make a change of that Government by which mens souls are so racked Whence it clearly follows that that State which puts a restraint upon mens Consciences especially when variety of Religions has got a footing in it can never be well solidly setled but is exposed to unavoydable Troubles and jealousies and to manifest danger of ruine and subversion Experience the Mistrisse of fooles may teach them this truth who will not suffer themselves to be convinced by reason For is it not well known not only what an Ocean of blood did overflow France during the Civill wars for Religion but also how that great Monarchy by keeping a restraint upon the protestants was exposed at the rising about Amboys and diverse other times to the manifest danger of ruine and subversion and how their State never setled not their evils ended till all restraint was taken away after which time that State wonderfully flourished Lid not the same restraint of Conscience cause the long and bloody wars of the Low-Countreys yea and make such a Rent in that famous State with a change of Government that it cannot be pieced up to this day What fearfull Tragedies and Revolutions did the same quarrell of Religion produce in Scotland in the raign of Queen Mary Stuart Was not also this State of England for the same reason twice exposed to manifest danger of ruine and subversion 1. by a mighty forrain invasion in the year 88 and again by a detestable Gunpowder-plot of some few desperate Papists whom others of that profession do alleadg to have been stirred up The Politicians Catechisme and Trepann'd by old Cecil the great State Machivilian of his time to render them all odious and incapable of some intended favours And though by Gods mercy this State was preserved from both those dangers yet did it not still continue in fears and jealousies of the Papists And has it not lately in our own time been strangely overturned without the Papists by those who were little suspected or much slighted to wit by some more precise sort of Protestants who past all before under the name of Puritans and that upon the same score of Religion to be free of all restraint of their Consciences enjoy a greater freedom Hence it may appear to all sober peaceable and judicious men that this State especially as the case now stands cannot be peaceably and solidly setled unlesse all restraint over mens Consciences be removed and an innocent Toleration granted and the former Reason alone joyned with such sad and fresh experiences is sufficient to evince it For the Safety of the people and the perservation of the State in which is also included the Con●ervation of the Magistrate ought to be the supream Law All which we have seen by many experiences of Protestants against Papists and of Papists against Protestants and of Protestants against one another to be in manifest danger by keeping a Restraint over Mens Consciences Whereas upon the contrary an innocent in-offensive Toleration in matters of Religion secures all and cements the peoples greatest interest to preserve and defend the Common-wealth whereof we see a near and clear example in the Common-wealth of Holland But let us hear some other Reasons against this Coercive power over mens Consciences Mr. Colier a Minister proves learnedly in his new book presented to the Parliament entitled The Decision of the great point now in Controversie about the Interest of Christ and the Civill Magistrate in the Rule of Government in this World that it 's unlawfull for the Civill Magistrate to pretend any right of Coercive power over 〈◊〉 Consciences and that it 's a most hainous sin in the Magistrate to exercise any such power for which Mr. Colier brings divers grounds whereof we shall touch some few 1. The Civill Magistrate has received no such power from Christ for no place of the New Testament presents us with the Lords giving up of Authority to worldly Magistrates in matters Ecclesiasticall i.e. in things relating to Faith and Worship From which he inferrs that Christ hath reserved the power over the Conscience to himself as being the only Lord of the Conscience 2. Christ has left in Scripture clear and absolute Rules for his people to walk by in point of Faith and Worship in which they are obliged to obey him Therefore he has not commited that Authority to the Magistrate For the Magistrate may and that probably too as it 's too frequently seen contradict Christs commands 3. If Authority in Divine things were committed to the Civill Magistrate it must be necessary to know to what Magistrate whither to all Magistrates alike or only to some to wit to Christian Magistrates If to all then two impieties will follow 1. That the Lord has subjected his Word and Will to the judgment of Heathen and profane Magistrates Or 2ly Has subjected his people to their Wills in point of Worship If only to Christian Magistrates then the doubt will be to whom of them it is there being many of them supposing themselves to be Christian Magistrates though they be of very different or contrary beliefs and yet all think themselves to be in the truth and most of them think themselves
into that straite that they must either take that oath against their Conscience and so damne their own souls or refuse it and so lose their estates Moreover the same Remonstrance sheweth that the Justice of Spain punisheth the Natives who affront Protestants carrying themselves in offensively for thus it speaketh As the Inquisition bounds us so the Common Justice punisheth the Natives that affront us whereof many examples may be produced For many Spanjards have been banished for calling an Englishman heretick others fined whipt c. But it may be much doubted if a Merchant of the Spanish Nation and Religion had been affronted by any Protestant here in England and called an heretick idolater or the like if he had got such justice in England against a Protestant as the Protestants found in Spain against the Papists And hence may be seen that both the former persecution under the Bishops and that which has been since under others which some fiery Zelots would still keep up or augment do exceed the Spanish Inquisition in diverss respects even by the Confession of Protestants Having now shown the judgment of King Jamos and of other famous and learned Princes against all perfecution for Religion let 's now see how the good people of this Nation does concurre with them in the same judgment For to speak no more of the Inclination of the Parliament the peoples great Representative exprest above in their two Declarations the good peoples Genius may be known more particularly by their many Petitions presented to the Parliament where ever that is one of their main desires that all who professe faith in Christ Jesus and live peaceably in Godlinesse and honesty may be equally protected and encouraged as may be seen in the Petition of many inhabitants in and about the City of London presented to the Parliament by Mr. Samuel Major and others 12. May. 1659 for which they received the thanks of the House as also in the Petition of many Thousand Gentlemen Freeholders c. Of the County of Kent and City of Canterbury and in innumerable others The same Genius also of the people is much seen by the many Remonstrances and Declarations lately printed and particularly by Mr. Coliers book entitled the Decision Sic. So often above cited and praised by the book entitled The Vindication of Sr. H. Vane out of which we have drawn some arguments By the Proclamation or Declaration of the Army of God where the first article proposed for the setling the State is That there may be liberty of Constience but not of sin By the Principles and Maximes of the Levellers c. Where is shewed that Persecution sor Religion is against the Nature of Faith and true Religion and destructive to humane Society By the book entitled The Common-wealth of Israel where is shewed that the ancient Christians under Christian Emperours gave toleration to pagans and did not persecute them for their Religion And that such Toleration is the Good old Cause and not Persecution for Religion which is a Bad new Cause By the book entitled No Returne to Monarchy where the first fundamentall layed down to settle this Common-wealth is that no man be opprest or troubled for his Conscience and judgment in matters of Faith and worship Englands safety p. 11. And lastly to passe by many oothers by that excellent booke entitled Englands safety in the Laws supremacy where these remarkable words may be seen It is a short and low Consideration to think to satisfie the people with giving them only liberty of Conscience the whole to wit both Civill and Religions liberty is their Right and freedom in matters of Religion is but a branch thereof which is therefore not to be avowed or accepted as a favour or indulgence to some persons but the due right of all not granted as a policy to oblige a party but published as a particular not subject to trust no man in Religion being a capable Judge for another c. with much more to this purpose And hence may be clearly seen how much coercive power over the Conscience is against the judgment and desire of the good people of the Nation and how satisfactory an innocent in-offensive Toleration would be to them which could not displease any but some very dangerous persons who cannot be content to enjoy all the possible liberty they can defire of their own Consciences unlesse they have power also to domineer and Tyrannize over other mens Consciences and therefore these mens judgments and desires are not to be much heeded and regarded but themselves rather are to be closely lookt to least they set all on fire again Lastly Coercive power is against our own interest at home and against the Common interest of the Protestant cause abroad 1. It 's against our own interest For as Mr. Colier wisely observes by Coercive power the Magistrates and others lay a foundation of persecution to themselves and their Posterity For if it be lawfull for them to exercise a Coercive power in Religious things towards others then by the same Rule of Reason it is lawsul for another power if it should arise whose apprehensions may be different from theirs to compell them and theirs contrary to their Conscience to that Religion be what it will so they suppose it to be Truth Thus Mr. Colier And so it will be just with God to suffer us to be punished in what we have sinned and to make us receive that same measure of Rigour and Tyranny that we have met out unto others Whereas if we carryed our selves with Christian Moderation and Compassion on tender Consciences other powers arising if they had any reason or Conscience would be moved to have compassion on us 2ly Coercive power is against the good of the Protestant cause abroad For Princes and States of another profession under whom many Protestants live and enjoy the liberty of their Consciences and Religion seeing we carry our selves so Tyrannically over other mens Consciences and particularly over those of their beleef will strive according to the Maximes both of Policy and Prudence to keep their Protestant subjects in great subjection and it may be use them as rigorously as we use others And other Princes and States which have not as yet granted Protestants that full permission and freedom in their Dominions will be deterr'd from doing them that favour for just fear least they coming to power and strength would by open force and Tumults take away all liberty from themselves and their subjects and so Tyrannize over their Consciences of which insolency there past a sad President in Scotland For the Lords of the Congregation so are the chief heads of the Protestants tearmed in Knoxes Chronicle having obtain'd liberty of Conscience for themselves and for all those of their profession were not contented therewith but finding their power encrease by the instigation of the Ministers who had come well disciplin'd from Geneva they fell immediately to pulling down of all
Abbeys Monasteries Nunries yea and of Churches too plundred all the plate money hangings and other furniture belonging to them and then began not only to take away all liberty of Conscience from their fellow subjects divers whereof were the chief nobility of the Nation but also from their Soveraign Queen Mary Stuart to whom after she came from France they would not grant so much as the private exercise of her Religion till at length by intercession of some more moderate Protestant Lords it was not without difficulty extorted from the rest against which notwithstanding the Ministers and other Zelots did not cease to cry till by such means that Noble Lady was cast into great misery and brought to a Tragicall end Whence all Princes and States have reason to beware of such Violent Reformations which indeed tend to the prejudice of Protestants rendring their cause odious whereas if we would be more moderate and compassionate forraign Princes and States might be moved to shew compassion and moderation to our bretheren abroad Thus have we briefly shown not only the principall evils that have so long obstructed the setling of this State but also proposed the Remedies against them which have been seen not to be private fancies but the joynt judgments of the most prudent and peaceable persons of these times not averred upon weak and idle conjectures but asserted and proved by Solid Reasons both of Divinity and sound policy collected out of their writings and confirmed by many fresh and undenyable experiences And therefore as they are with all humility proposed to the Parliaments grave and serious consideration so it is confidently expected that their grave wisdomes will be confirmed and encouraged thereby to prosecute speedily their pious intentions and now at length fulfill their gratious promises held out in their above mentioned Declarations that so an end may be put to our long miseries and distractions and the State setled upon the two Solid foundations of the peoples civill and Religious Liberties And because Mr. Clark of Threed-needle Street and some other hot-spur Zelots his complices do strive by all means to oppose the peoples spirituall liberty and would still keep up Coercive power over mens Consciences which they do not so much out of Reason as out of passion and out of an itching thing desire to domineer over the soules of their brethren the Parliament and others may be pleased to minde the former Reasons as Antidotes against their poysons For it has been demonstrated that Coercice power over mens Consciences especially in these Countrys where there is such variety of Religions is against the security of the State and Temporall peace of the people which ought to be the Supream law It 's also against the spirituall good of the Magistrate who never receiving any such power neither from the people who never had it nor from Christ who as only Lord of the Conscience has received all power over it to himself by exercising it renders himself guilty of high Treason against the Lord Jesus It 's against the spirituall good of the people who are thereby not made better Christians but greater Hypocrites It 's against the Nature of Faith and true Religion which are voluntary consent or Assents of the soules raised in it by divine illumination and humane instruction and not forced Constraints on the soul by humane Violence and compulsion It 's against the command of our Saviour who ordered the Tares should not be pluckt up till the harvest least the wheat should be pluckt up with them But our fiery Zelots will have them pluckt up though the world should be thereby brought into Confusion It 's against the judgment of many Ancient Divines and against the practice of the primitive Christians under Christian Emperours to the very Pagans and of the Turks to Christians their conquer'd enemies who receive more favour and freedom of Conscience under the Turks then Christians Countrey-men and Brethren can enjoy under our new Saints It 's against the Rule of Righteousnesse known by the light of nature and recommended to us by our Saviour That we should do unto others what we would have them do to us It 's against our own principles and therefore most irrationall As first when we professe our selves to be Fallible and yet will force people against their Consciences to be of our judgment as though we were infallible and so we may drive men into actuall errours in stead of Truths as the old Protestants did to the Papists and the Presbyterians did not only to the Papists but also to protestants Independents c. It 's against our pretence of Toleration for Tender Consciences many of which may be found in all professions It 's against our principle of exhorting the people to search the Scriptures to find out the mind of God and yet we will force them to beleeve what they cannot find It 's against the judgment of many famous Princes and particularly of King James who profest it was unlawfull to persecute any man for his Conscience And therefore if our new Magistrates keep up coercive power they will be greater persecutours then the old yea they will be more irrationall then the Spanish inquisition which we have seen question 's no man but for their misbehaviour and scandall and nor for their conscience or Religion And lastly it 's against our own interest at home for thereby we lay a foundation of persecution to our selves whereof the Bishops and their adherents found some experience when the Presbyterians arose and it 's against the good of the Protestant cause abroad which by our severity and cruelty is rendred more odious and suspected to forraign Princes and States These Reasons we hope will counterballance with all judicious and sober men all Mr. Clarks thread-bare Arguments which he heaps together by wresting the Scriptures and by perverting Reason And as it cannot be doubted but there be many more moderate Presbyterians who abhorre such violent courses which produce so many bad effects both on the soules and bodies of men and are so prejudiciall both to their Temporall and spirituall peace as we have seen So it were just that those boutefeus who are so much for persecuting of others did only suffer the brunt of persecution in themselves till they came to their right wits as being enemies not only to true Divinity and right Reason but also to humane Society of which nothing is more destructive as the Levellers do well remark then Persecution for Religion However it is expedient or rather necessary that all Christians in these Nations whatever perswasion they be of should joyn their heads and bend their forces to keep under those enemies of their Christian liberty and of humane Society that they may never rise to such power as may ennable them to exercise their Tyranny for if they once get up again and graspe the supream Authority All Christians of other professions may expect to be forced to pinne their Religion to