Corpus of Electronic Texts Edition
The Great Case of Liberty of Conscience once more briefly debated [...] (Author: William Penn)

Chapter 6

A Brief Collection of the Sence and Practice of the Greattest, Wisest, and Learnedst Common-Wealths, Kingdoms, and particular Persons of their Times, concerning Force upon Conscience.

1. First, Though the Jews above all people had the most to say for Imposition and Restraint within their own Dominions, having their Religion instituted by so many signal Proofs of Divine Original, it being deliver'd to them by the Hand of God himself, yet such was their indulgence to Dissenters, that if they held the common receiv'd Noachical Principles tending to the acknowledgment of one God, and a just Life, they had the Free Exercise of their distinct Modes or Wayes of Worship, which were numerous. Of this their own Rabbies are Witnesses, and Grotius out of them.

Secondly, The Romans themselves, as strict as they were, not only had Thirty Thousand Godds (if Varro may be credited) but almost every Family of any note, had its distinct Sacra, or peculiar Way of Worship.

3. Thirdly, It was the sence of that grave, exemplary Common-wealths man, Cato, in Salust, that among other things which ruin any Government want of Freedom of Speech, or mens being oblieged to humor Times is a great one; which we find made good by the Flowrentine Republick, as Guicceardine relates.

4. Fourthly, Livy tells us, It was a Wonder that Hannibals Army, consisting of divers Nations, divers Humors,


p.38

differing Habits, contrary Religions, various Languages, should live 13 years from their own Country under his Command without so much as once mutining, either against their General, or among themselves. But what Livy relates for a Wonder that ingenious Marquess, Virgilio Malvetzy gives the Reason of, namely, that the difference of their Opinion, Tongues, and Customs, was the reason of their Preservation and Conquest; For said he, 'Twas impossible so many contrary Spirits should Combine, and if any should have done it, 'twas in the Generals power to make the greater Party by his equal hand; they owing him more of Reverence, then they did of Affection to one an another: This, says he, some impute to Hannibal, but how great soever he was, I give it to the variety of Humors in the Army. For (adds he) Romes Army was ever less given to Mutining when joyned with the Provincial Auxilaries, then when intirely Roman; thus much and more, in his publique Discourses upon Cornelius Tacitus.

5. Fifthly, The same, best Statist of his Time, C. Tacitus, tells us in the Case of Cremtius, That it had been the interest of Tiberius not to have punished him, in as much as Curiosity is begotten by Restriction of Liberty to Write or Speak, which never mist of Proselites.

6. Sixthly, Just. Martin. I will forbear to quote, in less then this, two whole Apollogies, dedicated to Adrian and Antonius Pius, as I take it.

Seventhly, Tertullian ad scapulum, that learned and juditious Appollogist, plainly tells us. That 'tis not the Property of Religion to Compel or Persecute for Religion, she should be accepted for her Self, not for Force; that being a poor and beggarly one, that has no better Arguments to Convince; and a manifest Evidence of her Superstition and Falshood.


p.39

8. Eightly, Of this we take the nine Moneths Reign of the Emperor Jovianus to be an excellent Demonstration, whose great Wisdom, and admirable Prudence ingranting Tolleration (expresly saying, He would have none molested for the Exercise of their Religious Worship) Calm'd the impetuous Storms of Dissention betwixt Homousians and Arrians; and reduc'd the whole Empire, before agitated with all kind of Commotions during the reign of Constantine, Constantius, and Julian, to a wonderful Serenity and Peace, as Socrates Scholasticus affirms.

9. Ninthly, That little Kingdom of Aegypt had no less then Forty Thousand Persons retir'd to their private and seperate Wayes of Worship, as Eusebius out of Philo Judeus, and Josephus relates.

10. Tenthly; And here let me bring in honest Chaucer, whose Matter (and not his Poetry) heartely affects me: 'twas in a time when Priests were as rich, and lofty, as they are now, and Causes of Evil alike.

1

    1. The time was once, and may return again,
      (for oft may happen that hath been beforn)
      when Shepherds had none Inheritance,
      ne of Land, nor Fee insufferance,
      But what might arise of the bare Sheep,
      (were it more or less) which they did keep,
      Well ywis was it with Shepherds tho:
      nought having, nought fear'd they to forgo,
      For PAN (God) himself was their Inheritance,
      and little them serv'd for their Maintenance,
      The Shepherds God so well them guided,
      that of nought were they unprovided;

      p. 40

      2Butter enough, Honey, Milk, and Whay,
      and their Flock Fleeces them to array.
      But Tract of Time and long Prosperity,
      (that Nurse of Vice, this of Insolency)
      Lulled the Shepheards in such security,
      that not content with Loyal obeysance,
      Some gan to gap for greedy governance,
      and match themselves with mighty Potentates.
      3Lovers of lordships and troublers of states;
      then gan Shepheards Swains to look aloft,
      And leave to live hard, and learn to lig soft,
      though under colour of Shepheards some while
      There crept in, Wolves full of fraud and guile,
      that often devour'd their own Sheep,
      And often the Shepheard that did them keep,
      4This was the first source of the Shepherds sorrow.
      that nor will be quit, with hale, nor borrow.

II. Who knows not that our first Reformers were great Champions for Liberty of Conscience, as Wicklif in his Remonstration to the Parliament. The Albigences to Leuis the 11th and 12th of France. Luther to the several Dyets under Fredrick and Charles the fifth; Calvin to Francis the first, and many of our English Martyrs, as the poor Plowman's Famous Complaint, in Foxes Martyralogy, &c.


p.41

12. The present affairs of Germany, Plainly tell us that tolleration is the preservation of their states; the contrary having formerly, almost quite wasted them.

13. The same in France: who can be so ignorant of their Story, as not to know that the timely Indulgence of Henry the fourth, and the discreet Tolleration of Richlieu and Mazarin saved that Kingdom from being ruin'd both by the Spaniards; and one another.

14. Holland, then which, what place is there so improved in Wealth, Trade and Power, chiefly owes it to her Indulgence in matters of Faith and Worship.

15. Among the very Mahumetans of Turky, and Persia, what variety of opinions, yet what Unity and Concord is there? we mean in matters of a Civil Importance.

16. It was the opinion of that great Master of the sentences, Dominious a Soto, that every man had A natural right to instruct others in things that are good: and he may teach the Gospell truths also; but cannot compell any to believe them, he may explain them, and to this (says he) every man has a right, as in his 4 Sent: Dist. Art. 510. Pag. 115. 7.

17. Strifes about Religions said Judicious and learned Grotius, are the most pernicious and destructive; where provision is not made for Dissenters: the contrary most happy; As in Muscovy; he further says upon the occasion of Campanella, that not a rigid but easy Government suits best with the Northren people; he often pleads the relaxation of temporary Laws to be resonable and necessary. As in the case of the Curatij and Heratij, and Fabius Vitulanus; and others stincted to time and place, as the Jewish Laws &c. Polit. Maxims P. 12 18. 78, 98.

18. The Famous Raleigh tells us, that the way for Magistrates to govern well and gain the esteem of their People


p.42

is to Govern by Piety, Justice, Wisdom, and a Gentle and Moderate Carriage towards them: And that Disturbance attends those States where men are ruin'd or depress'd by Parties. See his Observations and Maxims of State.

19. If I mistake not, the French and Duch Protestants enjoy their Separated Wayes of Worship in London, if not in other parts of these Lands, without Molestation; we do the like in remote Countries, but not in our own.

20. This must needs be the meaning of the learned Doctor to his inquisitive Student, in their Juditious Diologue about the Fundamental Laws of the Kingdoms, when he says, That such Laws as have not their Foundation in Nature, Justice, and Reason are void ipso Facto. And whether Persecution or Restraint upon Conscience be congruous with either, let the Impartial judge. lib. 1. chap. 6.

21. Doctor Hammond himself, and the Grand Patron of the English Church, was so far from urging the Legallity of Restriction in Matters relating to Conscience, that he Writ, Argu'd, and left upon his Dying Bed his sense to the Contrary: As the Author of his Life might have been pleas'd to observe, but that interest stood in the way; the Doctor exhorting his Party, not to seek to Displace those then in the University; or to Persecute them for any matter of Religious difference.

22. That a Person of no less ability In the Irish Protestant Church did the same, I mean D. Jer. Taylor, his whole discourse of Liberty of Prophesy, is a most pregnant demonstration.

23. It was the saying of a Person once, too great to be Nam'd Now. That liberty of Conscience is every mans Natural Right, and be who is depriv'd of it, is a Slave in the midst of the greatest Liberty: And since every man should do as he would be done to, such only don't deserve to have it, that won't give it.


p.43

24. Lactantius reflects upon Persecutors thus, If you will with Blood, with Evil, and with Torments defend your Worship, it shall not thereby be Defended but Polluted, lib. 5. cap. 20.

25. Hillary against Auxentius, saith, The Christian Church does not persecute, but is persecuted.

26. Jerom, thus, Heresie must be cut off with the Sword of the Spirit, Proam lib. 4.

27. Chrysostum saith, That it is not the manner of the Children of God to persecute about their Religion, but an evident Token of Antichrist —— Relig. Uris. pag. 192.

28. Stephen King of Poland declared his mind in the point controverted thus, I am King of Men, not of Conscience; a Commander of Bodies, not of Souls.

29. the King of Bohemia was of Opinion, That mens Consciences ought in no sort to be Violated, Urged, or Constrained.

30. And lastly, let me add (as what is, or should be now of more force) the sense of King James, and Charles the first, Men fam'd for their great natural abilities, and acquir'd Learning; that no man ought to be punished for his Religion nor disturb'd for his Conscience; In that it is the duty of every man to give what he would Receive. It is a sure Rule in Divinity, said King James, that God never loves to plants his Church by Violence and Bloodshed. And in his Exposition on Revel. 20. he saith, That PERSECUTION is the note of a false Church. And in the last Kings advice to the Present King, he sayes, Take heed of abetting any factions; your Partiall adhearing to ANY ONE SIDE gains you not so great advantages in some mens hearts (who are prone to be of their Kings Religion) as it loseth you in others, who think themselves, and their profession, first dispis'd, then persecuted by you.

Again, Beware of exasperating any Factions by the Crosness,


p.44

and Asperity of some mens Passions, Humours, or private opinions imployed by you, grounded only upon their difference in lesser matters, which are but the Skirts and Suburbs of Religion. Wherein a Charitable Connivence, and Christian Toleration often dissipates their strength, whom rougher opposition fortifies; and puts the despised and oppressed Party, into such combinations as may most enable them to get a full revenge on those they count their Persecutors, who are commonly assisted by that vulgar Commiseration, which attends all that are said suffer under the notion of Religion.

Always keep up SOLLID PIETY and those fundamentall Truths (which mend both hearts and lives of men) with Impartial favour and Justice. Your Prerogative is best shown and exercis'd in remitting, rather then exacting the rigour of Laws; there being nothing worse than Legall Tyranny. ——

Now upon the whole, we ask, What can be more Equal, what more reasonable then Liberty of Conscience; so correspondent with the Reverence due to God, and Respect to the Nature, Practice, Promotion, and Rewards of the Christian Religion; the Sense of Divine Writ; the Great Priviledge of Nature, and Noble Principle of Reason; the Justice, Prudence, and Felicity of Government; And Lastly, to the Judgment and Authority of a whole Cloud of Famous Witnesses, whose Harmony in Opinion, as much detects the Unreasonableness, and Incharity


p.45

of Persecutors, as their Savage Cruelties imply an highcontempt of so sollid determinations; of which number I can not forbear the mention of two, whose Actions are so near of kin to one another, and both to inhumanity, as the same thing can be to it self.

The first is a great Lord of Buckingham-shire; but so hearty a Persecutor of the poor Quakers, that rather then they should peaceably enjoy the Liberty of Worshipping God, (and to supply the County-defect of Informers) he has encourag'd a pair of such Wretches, that it had bin a Disgrace for the meanest Farmer to coverse with; once having been Prisoner in Alsbury for Theft, & said to have bin burnt in the Hand; and the other of a Complexion not much less Scandalous and Immortal.

To give an undeniable testimony of their Merit once for all, I shall briefly relate a most notorious piece of Perjury. They suspecting a Religious Assembly to be at a certain place in the same County came, and finding one in reallity, repaired to one they call Sr. Tho Clayton, and a Justice, where they depos'd, That not only a meeting was at such an House, but one Tho. Zachery and his Wife were there, who at the same time (as at the Tryal upon Indictment for Perjury at Alsbury was proved by snfficient Witnesses from London) were then in that City, yet fined not only for being there, but for the Speaker also, though none spoke that day.

Upon the prosecution of these Men, as perjur'd men, and by the Law dispriviledged of all Imply, and never to be credited more in evidence, several delays were made, much time spent, and not a little pains bestow'd, all in hopes of an Exemplary Success; which proved so, but the wrong way; for the very last Sessions, when the matter should have receiv'd an absolute Decission, and the Attendants have been dismist (especially on the score of the Witnesses, that came from London the second time, upon no other account) a Letter was reported to have bin writ


p.46

from the aforesaid Lord, in favour of these Informers, to this purpose, That since Sr. Tho Clayton was not present, the business could not well be determin:d, but if the Court would undertake the ending of it, he beseecht them to be favourable to those HONEST MEN. If this be as true as said, 'tis a most aggravated shame to Nobility: what! to protect them from the Lash of Law, who went about to destroy Truth the Life of it: 'Tis a Dishonour to the Government, a Scandal to the County, and a manifest Injury to an inoffensive and useful Inhabitant.

'Tother is as well known by his Cruelty, as by his Name, and he scarce deserves another; However, he is understood by that of the Reading Knight, Arrant, and alwayes in Armour for the Devil; a man, whose Life seems to be whole BONNER reviev'd: Hogestraut, the Popish Inquisiter, could not hate Martin Luther more, then he does a poor Dissenter; and wants but as much Power, as he has Will, to hang more then he has Imprisoned. The Laws made against Papists, he inflicts upon the Quakers; And makes it Crime enough for a Primunire to have an Estate to lose.

The single Question is not, Were you at such a Meeting? which the Act intends: But will you Swear, which it intends not; and Women escape him as little for this, as those of his own Tribe do for SOME THING ELSE: but what of all things most aggrivates the mans Impiety, is the making a devillish snare of a Christian Duty; since such as have come to visit the imprison'd, have been imprisoned themselves for their Charity; so that with him it seems a current Maxime, that those must not come to see Prisoners, and not be such themselves, who will not take the Oath of Allegiance to do it.

To relate the whole Tragedy would render him as Bad, as the Discourse Big; and the latter not less Voluminous, then the former Odious. But three things I shall observe.


p.47

First, That he has clouded 72 Persons (of those call'd Quakers) Men and Women, immodestly into Goal, not suffering them to enjoy common Conveniencies. And for his Divertion, and the Punishment of little Children, he pours Cold Water down their Necks.

2d His Imprisonments are almost perpetual. First he premunires them, without any just cause of Suspition; then Imprisens them; and lastly, Plunders them, and that by a Law enacted against Romanists; which, if all be true, that is said, is more his concern then theirs, If without offence, it may be suppos'd he has Religion at all.

3d Some have been there about Eight Years, and should be Eighteen more, were he as sure to live (being more then 70.) and enjoy his Power, as doubtless he hopes to die before those good Laws over-take him, that would make an Example of such an Oppressor; in short, Wives, Widdows, Poor and Father less, are all Fish for his Net; & whether over or under Age he casts none away, but seems to make it his priviledge to correct Law by out-doing it. When we have said all we can (and we can never say too much, (if enough) he is still his own best Character.

Such are the Passion, Follies, and Prejudices, Men devoted to a spirit of Imposition, and Persecution, are attended with,
Non enim possumus quae vidimus, et audivimus non loqui.

In short, What Religious, what Wise, what Prudent, what Good-natured Person would be a Persecuter? Certainly it's an Office only fit for those who being wide of all reason, to evidence the verity of their own Religion, fancy it to be true, from that strong Propensity and greedy Inclination they find in themselves to Persecute the Contrary; A Weakness of so ill a consequence to all


p.48

civil Societies, that the admission of it ever was, and ever will prove their utter Ruin, as well as their great Infelicity who pursue it.

And though we could not more effectually express our Revenge, then by leaving such Persons to the scope of their own Humors; Yet being taught to Love and Pray for our very Persecutors, we heartily wish their better information, that (if it be possible) they may Act more suitably to the good pleasure of the Eternal just God, and beneficialy to these Nations.

To conclude, Liberty of Conscience (as, thus Stated & Defended) we ask as our undoubted Right by the Law of God, of Nature, and of our own Country: It has been often promised, we have long waited for it; we have Writ much, and Suffered more in its Defence, and have made many true Complaints, but found little or no Redress.

However, we take the Righteous Holy God to Record against all Objections that are ignorantly, or designedly rais'd against us. That.

1st We hold no Principle destructive of the English Government.

2d That we plead for no such Dissenter (if such an one there be.)

3d That we desire the Temporal and Eternal Happiness of all Persons (in submission to the Divine Will of God) heartily forgiving our Cruel Persecutors.

4thly, And Lastly, We shall engage, by Gods assistance, to lead peaceable, just, and industrious lives amongst men, to the good and example of all. But if after all we have said, this short Discourse should not be credited, nor answer'd in any of its sober Reasons, and Requests; but Sufferings should be the present Lot of our Inheritance from this Generation,


p.49

be it known to them all, THAT MEET WE MUST, & MEET, we cannot but encourage all to do (whatever Hardship we sustain in Gods Name, & Authority, who is Lord of Hosts and King of Kings; at the revelation of whose Righteous Judgments and Glorious Tribunal, Mortal Men shall render an Account of the Deeds done in the Body; and whatever the Apprehensions of such may be, concerning this Discourse, 'twas writ in Love, and from a true sense of the present State of things: and TIME, and the EVENT will vindicate it from Untruth. In the mean while, 'tis matter of great Satisfaction to the Author, that he has so plainly cleared his Conscience, in pleading for the Liberty of other Mens, and publickly born his honest Testimony for God, not out of Season to his POOR COUNTRY.