We next urge, that Force in matters relating to Conscience, carry a plain Contradiction to Government in the Nature, Execution, and End of it.
By Government we understand, an external Order of Justice or the right and prudent Disciplining of any Society, by just Laws, either in the Relaxation, or Execution of them.
1. First it carries a Contradiction to Government in the Nature of it, which is Justice, and that in three Respects.
1. It is the first Lesson that great Synterisis, so much renowned by Phylosophers and Civilians, learns Mankind, to do as he would be done to, since he that gives, what he would not take, or takes what he would not give, only shews care for himself, but neither Kindness nor Justice for another.
2. Secondly, The just Nature of Government lies in a fair and equal Retribution; but what can be more unequal, then that men should be rated more then their Proportion, to answer the Necessities of Government, and yet that they should not only receive no Protection from it, but by it be disseiz'd of their dear Liberty and Properties; we say to be compell'd to pay that Power, that exerts it self to ruin
3. Thirdly, It is the Justice of Government to proportion Penalties to the Crime committed. Now granting our Dissent to be a Fault, yet the infliction of a Corporal or External Punishment, for a meer mental Error (and that not voluntarily too) is Unreasonable and Inadequate, as well as against particular directions of the Scriptures, Tit 3. 9, 10, 11. For as Corporal Penalties cannot convince the Understanding; so neither can they be commensurate Punishments, for Faults purely Intellectual: And for the Goverment of this World to intermediate with what belongs to the Government of Another, and which can have no ill Aspect or Influence upon it, shews more of Invasion then Right and Justice.
2. Secondly, It carries a Contradition to Government in the Execution of it, which is Prudence, and that in these Instances.
The state of the Case is this, That there is no Republick so great, no Empire so vast, but the Laws of them are Resolvable into these two Series or Heads, Of Laws Fundamental, which are Indispensible and Immutable: And Laws Superficial, which are Temporary and Alterable: And as it is Justice and Prudence to be punctual in the Execution of the former, so by Circumstances it may be neither, to Execute the latter, they being suited to the present Conveniency and Emergency of State; as the Prohibiting of Cattle out of Ireland, was judg'd of advantage to the Farmers of England, yet a Murrin would make it the good of the whole, that the Law should be broke, or at least the Execution of it suspended. That the Law
2. Secondly, That since there has been a time of connivance, and that with no ill success to publick Affairs, it cannot be prudence to discontinue it, unless it was imprudence before to give it, and such little deserve it that think so.
3. Thirdly, Dissenters not being conscious to themselves of any just Forfeiture of that Favour, are as well griev'd in their Resentments of this Alteration, as the contrary did oblige them to very gratefull Acknowledgments.
4. Fourthly, this must be done to gratifie all, or the greatest Part, or but some few only; it is a demonstration all are not pleased with it; that the greatest Number is not, the empty publick Auditories will speak: In short, how should either be, when six Parties are sacrificed to the
5. Fifthly, It strikes fatally at Protestant-sincerity; for will the Papists say, Did Protestants exclaim against us, for Persecutors, and are they now the Men themselves? Was it an Instance of Weakness in our Religion, and is't become a Demonstration in theirs? Have they transmuted it from Antichristian in us, to Christian in themselves? Let Persecutors answer.
6. Sixthly, It is not only an Example, but an Incentive to the Romanists, to Persecute the Reformed Religion abroad; for when they see their Actions (once void of all Excuse) now defended by the Example of Protestants, that once accus'd them (but now themselves) doubtless they will revive their Cruelty.
7. Seventhly, It overturns the very Ground of the Protestants Retreat from Rome; for if men must be Restrain'd upon pretended Prudential Considerations, from the Exercise of their Conscience in England; why not the same in France, Holland, Germany, Constantinople, &c. where matters of State may equally be pleaded? This makes Religion, State-pollicy; and Faith and Worship, subservient to the Humors and Interests of Superiors: Such Doctrine would have prevented our Ancestors Retreat; and We wish it be not the beginning of a Back-march; for Some think it shrewdly to be suspected, where Religion is suited to the Government, and Conscience to it's Conveniency.
8. Eighthly, Vice is incourag'd; for if Licentious Persons see Men of Vertue molested for Assembling with a Religious Purpose to Reverence and Worship God, and That are otherwise most serviceable to the Common-Wealth, they may and will inferr, it is better for them to be as they are since not to be demure, as they call it, is half way to that kind of Accomplishment, which procures Preferment.
9. Ninthly, For such persons as are so poor spirited as to truckle under such Restraints; What Conquest is there over them? that before were Conscientious men, and now Hypocrites; who so forward to be aveng'd of them, that brought this Guilt upon them, as they themselves? And how can the Imposers be secure of their Friendship, whom they have taught to change with the Times?
10. Tenthly, Such Laws are so far from benefiting the Country, that the Execution of them will be the assured ruin of it, in the Revenues, and consequently in the Power of it; For where there is a decay of Families, there will be of Trade; so of Wealth, and in the end of Strength and Power; and if both kinds of Relief fail; Men, the Prop of Republiques; Money, the Stay of Monarchies; this as requiring Mercenaries, that as needing Freemen (farewell the Interest of England; 'tis true, the Priests get (though that's but for a time) but the King and People lose; as the event will shew.
11. Eleventhly, It ever was the prudence of wise Magistrates of Obliege their people; but what comes shorter of of it then Persecution? What's dearer to them then the Liberty of their Conscience? What cannot they better spare then it? Their Peace consists in the enjoyment of it: And he that by Compliance has lost it, carries his Penalty with him, and is his own Prison. Surely such Practices must render the Government Uneasie, and beget a great Disrespect to the Governours, in the Hearts of the people.
12. Twelfthly, But that which concludes our prudential part, shall be this, That after all their Pains and Good-will to stretch men to their Measure, they never will be able to accomplish their End: And if he be an unwise Man, that provides Means where he designs no End, how neer is he
3. Thirdly and Lastly, Since the proceedings we argue against, are prov'd so destructive to the Justice and Prudence of Government, we ought the less to wonder that they should hold the same malignity against the End of it, which is Felicity, since the Wonder would be to find it otherwise; and this is evident from these three brief Considerations.
1. First, Peace (the End of War and Government, and its great Happiness too) has been, is, and yet will be broken by the frequent Tumultuary Disturbances, that ensue the Disquieting our Meetings, and the Estreeting Fines upon our Goods and Estates. And what these things may issue in, concerneth the Civil Magistrate to consider.
2. Secondly, Plenty (another great End of Government) will be converted into Poverty by the Destruction of so many thousand Families as refuse Compliance and Conformity, and that not only to the Sufferers, but influentially to all, the rest; a Demonstration of which we have in all those Places where the late Act has been any thing considerably put in Execution. Besides, how great Provocation such Incharity and Cruel Usage, as stripping Widdows, Fatherless, and Poor of their very Necessaries for human Life, meerly upon an account of Faith or Worship, must needs be to the Just and Righteous Lord of Heaven and Earth; Scriptures, and plenty of other Stories plainly shew us.
3. Thirdly, Unity (not the least but greatest End of Government is lost) for by seeking an Unity of Opinion (by the wayes intended) the Unity requisit to uphold us, as a Civil Society, will be quite destroy'd. And such as relinquish that, to get the other (besides that they are Unwise) will infallibly lose both in the end.
In short, We say, that 'tis unreasonable we should not be entertain'd as men, because some think we are not as Good Christians as they pretend to wish us; or that we should be depriv'd of our Liberties and Properties, who never broke the Laws that gave them to us: What can be harder, then to take that from us by a Law, which the great indulgence and solicitude of our Ancestors took so much pains to intail upon us by Law; An. 18 Ed. 3. stat 3. also stat. 20. Ed. 3. cap. 1. again Petition of Right, An. 3. Car. and more fully in Magna Charta; further peruse 37 Ed. 5. cap. 8. 28. 42 Ed. 3. cap. 3. 28 Hen. cap. 7.
And we are perswaded, that no Temporary Subsequential Law whatever, to our Fundamental Rights (as this of Force on Conscience is) can invalid so essential a part of the Government, as an English Liberty and Property: Nor that it's in the power of any on Earth, to deprive us of them, till we have first done it our selves, by such Enormious Facts, as those very Laws prohibit, and make our Forfeiture of that benefit we should otherwise receive by them; for these being such Cardinal and Fundamental Points of English Law-Doctrine, individually, and by the collective body of the People agreed to; and on which as the most solid Basis, our Secondary Legislative Power, as well as Executive is built; it seems most rational that the Superstructure cannot quarrel or invalid its own Foundation, without manifestly endangering its own security, the Effect is ever less noble then the Cause, the Gift then the Giver, and the Superstructure then the Foundation.
The single Question to be resolved in the case, briefly will be this, Whether any visible Authority (being founded in its primitive Institution upon those Fundamental Laws, that inviolably preserve the People in all their just Rights and Priviledges) may invalidate all, or any of the said Laws, without an implicit shaking of its own Foundation, and a clear overthrow of its own Constitution of Government, and so reduce them to their Statu quo prius, or first Principles: The Resolution is every mans, at his own pleasure. Read Hen. 3. 9. 14. 29. 25 Ed 3. Cook Justit. 2. 19. 50, 51.
Those who intend us no Share or Interest in the Laws of England, as they relate to civil Matters, unless we correspond with them in Points of Faith and Worship, must do two things: First, It will lie heavy on their parts to prove, That the Ancient Compact and Original of our Laws, carries that Proviso with it; else we are manifestly diseized of our Free-Customs.
Secondly, They are to prove the Reasonableness of such Proceedings to our Understandings, that we may not be concluded by a Law, we know not how to understand; for if I take the matter rightly (as I think I do) we must not Buy or Sell unless of this or that Perswasion in Religion; not considering civil Society was in the World before the Protestant Profession; Men, as such, and in Affairs peculiarly relative of them, in an external and civil capacity, have subsisted many Ages, under great variety of Religious Apprehensions, and therefore not so dependent on them as to receive any Variation or Revolution with them. What shall we say then? but that some will not that we should Live, Breath, and Commerce as men, because we are not such model'd Christians as they coercively would have us; they might with as much Justice and Reputation to themselves forbid us to look or see unless our Eyes were Grey, Black, Brown, Blew,
In short, That coercive way of bringing all men to their height of Perswasion, must either arise from Exorbitant Zeal and Superstition; or from a consciousness of Error and Defect, which is unwilling any thing more sincere, and reformed should take place; being of that Cardinals mind, who therefore would not hearken to a Reformation, at the sitting of the Counsel of Trent; because he would not so far approve the Reformers Judgment (for having once condescended to their Apprehensions, he thought 'twould forever inslave them to their Sence) though otherwise he saw as much as any man, the grand necessity of a Reformation, both of the Roman Doctrine and Conversation.
Objection 1. But you are a People that meet with Designs to Disaffect the People, and to ruin the Government.
Answer, A Surmise is no Certainty, neither is A may be, or Conjecture, any Proof; That from the first we have behaved our selves inoffensively is a Demonstration; that our Meetings are open, where all may hear our Matter, and have liberty to object or discuse any Point, is notorious. Ignorant Calumnies are Sandy Foundations to build so high a Charge upon: Let us fairly be heard in a publique Conference, how far we can justifie our Principles from being deservedly suspected of
Object. 2. But you strike at the Doctrine, at least the Discipline of the Church, and consequently are Hereticks.
Answ. This Story is as old as the Reformation; If we must be objected against out of pure Reputation, let it be in some other matter then what the Papists objected against the first Protestants; otherwise you do but hit your selves in aiming at us? To say you were in the Right, but we are in the Wrong, is but a meer begging of the Question; for doubtless the Papists said the same to you, and all that you can say to us: Your best Plea was, Conscience upon Principles, the most evident and rational to you: Do not we the like? What if you think our Reasons thick, and our ground of Separation mistaken? Did not the Papists harbour the same Thoughts of you? You perswaded as few of them, as we of you: Were you therefore in the Wrong? No more are we: It was not what they thought of you, or enacted against you, that concluded you: And why should your Apprehensions conclude us? If you have the way of giving Faith beyond what they had, and have the faculty of Perswasion, evidence as much; but if you are as destitute of both, as they were to you; why should Fines and Prisons, once us'd by them against you, and by you exclaimed against, as Unchristian Wayes of reclaiming Hereticks (supposing your selves to be such) be
1. Error is a Mistake in the Understanding.
2. This is for want of a better Illumination.
3. This Error can never be dislodged, but by Reason and Perswasion, as what are most suitable to the Intellect of man.
4. Fines, Goals, Exiles, Gibbets, &c. are no Convincing Arguments to the most erring Understanding in the World, being slavish and bruitish.
5. This way of Force makes, instead of an honest Dissenter, but an Hypocritical Conformist; then whom nothing is more detestable to God and man.
This being the Protestants Plea, we are not to be disliked by Protestants, for following their own avow'd Maxims and Axioms of Conscience in defence of its own Liberty.
In short, either allow separation upon the single Principle of, My Conscience owns this, or disowns that; or never dwell in that Building, which knew no better Foundation (indeed good enough) but accusing your Fore-fathers of Schism, and Heresie, return to the Romish Church. What short of this can any say to an Anti-liberty-of-Conscience-Protestant.
Object. 3. But at this rate ye may pretend to Cut our Throats, and do all manner of savage Acts.
Answ. Though the Objection be frequent, yet it is as fouly ridiculous. We are pleading only for such a Liberty of Conscience, as preserves the Nation in Peace, Trade, and Commerce; and would not exempt any man, or Party of men, from not keeping those excellent Laws, that tend to Sober, Just, and Industrious Living. It is a Jesuitical Morral, To Kill a man before he is Born: First, to suspect him of an Evil Design, and then kill him to prevent it.
Object. 4. But do not you see what has been the end of this Separation? Wars, and Revolutions, and Danger to Government; witness our late Troubles.
Ans. We see none of all this, but are able to make it appear, that the true cause of all that perplext Disturbance, which was amongst the Homousians & Arrians of old, & among us of later years (as well as what has modernly attended our Neighbouring Countries) took its first rise from a narrowness of spirit, in not Tollerating others to live the Freemen God made them, in External Matters upon the Earth, meerly upon some difference in Religion.
And were there once but an Hearty Tolleration establisht, 'twould be a Demonstration of the truth of this Assertion. On this Ground, Empire stands safe; on the other, it seems more uncertain.
But these are only the popular Devices of some to traduce honest Men, and their Principles; whose lazy Life, and intollerable Avarice become question'd, by a Tolleration of people better inclin'd.
Object 5. But what need you take this Pains to prove Liberty of Conscience Reasonable and Necessary, when none questions it;
Answ. Here is no need of answering the former part of the Objection; 'Tis too apparent throughout the Land, that Liberty of Conscience, as we have stated it, has been severely prosecuted, and therefore not so franckly injoyed: The latter part, I answer thus, If the words Lawful or Unlawful, may bear their signification from the nature of the things they stand for, then we conceive that a Meeting of Four Thousand is no more Unlawful, then a Meeting of Four; for Number singly consider'd criminates no Assembly: but the reason of their Assembling; the Posture in which; and the Matter transacted, with the Consequences thereof.
Now if those things are taken for granted, to be things dispensible (as appears by the allowance of Four besides every Family) certainly the Number can never render it Unlawful; so that the Question will be this, Whether if Four met to worship God, be an Allowable Meeting, Four Thousand met with the same Design be not an Allowable Meeting?
It is so plain a Case, that the Matter in the Question resolves it.
Object. 6. But the Law forbids it.
Answ. If the enacting any-thing can make it lawful, we have done; but if an Act so made by the Papists against Protestants, was never esteem'd so by a true Protestant; and if the nature of the matter will not bear it; and lastly, that we are as much commanded by God to meet Four thousand as Four; we must desire to be excused, if we forbear not the assembling of our selves together, as the manner of some is.
Object 7. But the reason of the prohibition of the number is. (for you see they allow all that can be said to Four Thousand to be to said the Family and Four) that Tumults may arise, and Plots may be made, and the like Inconveniences happen to the Goverment.
Answ. Great Assemblies are so far from being injurious, that they are the most inoffensive; for, First, They are open, exposed to the view of all, which of all things Plotters are the shyest of; but how fair an opportunity 'twere, for men so principled, to do it in those allowed Meetings of but four besides the Family, is easie to guess, when we consider, that few make the best and closest Council; and next, that such an Assembly is the most private and clandestine, and so fitted for Mischief and Surprize.
Secondly, Such Assemblies, are not only publique and large, but they are frequented, as well by those that are not of their Way, as of their own; from whence it follows, that we have the greatest reason to be cautious and wise in our Behaviour, since the more there be at our Meetings, the more Witnesses are against us, if we should say or act any thing that may be prejudicial to the Government.
Lastly, For these several years none could ever observe such an ill use made of that Freedom, or such wicked Designs to follow such Assemblies; and therefore it is high Incharity to proceed so severely upon meer Suppositions.
To this we shall add several Authorities and Testimonies for further confirmation of our sense of the matter, and to let Imposers see, that we are not the only Persons, who have impleaded Persecution, and justified Liberty of Conscience, as Christian and Rational.