I Have at the Instance of my worthy Friend for the Truth's sake, set some Hours a­part, seriously to Consider the substance of the Letter Written by Mijn Heer Fa­gel, to Mr. James Stuart, concerning our Penal Laws for Religious Matters and Tests: And taking this Honourable Pensioner to be an Authentick Testimony, of their Highnesses of Orange Declared Opinion, THAT NO CHRI­STIAN OƲGHT TO BE PERSECƲTED FOR HIS CONSCIENCE, OR TO BE ILL ƲSED, BECAƲSE HE DIFFERS FROM THE PƲBLICK AND ESTA­STABLISHED RELIGION; I cannot but acknowledge a great Satisfaction of Mind, to see such a concurrent Evidence born by their High­nesses, to their Royal Father's Gracious Decla­vation, in a Point, which next to the Blessed Gospel of Our LORD, I take to be of the highest Concern to the Peace of Mankind; as tending to Introduce and Establish Concord and Amicable Conversations, in Families, Neigh­bourhoods, Cities, Common-Wealths and King­doms, where-ever it is Embraced and Candidly Pursued: For, although it may be subject to different Apprehensions, (as all other Opinions are) in the Interpretation, Limitation, or Extent of it; yet its natural Tendency is to Abate, and (as Experience of its Usefulness does increase its Esteem) to Eradicate that Antichristian and In­humane Temper of Mind, which under a pretence of Zeal for Religion, has provoked Men to be at Variance, Implacable and Unmerciful one to­wards another; and instead thereof, to instil such Christian-like Dispositions, as will encline to a Peaceable Behaviour, such as is becoming those, who have the Name of Christ (who is the Prince of Peace) called upon them.

This Fundamental Maxim of their Highnesses, (though it be venerable for its Antiquity, as well [Page 2]as its Intrinsick Vertue; for its as old as Christianity it self) has not (as our Sences Testify) for a long time been Practised, or admitted amongst us, as a Plea, to prevent the Persecution or ill­usage of such Christians, as differ from the Na­tional Established Religion; and in that Re­spect, is but newly upon its Reviving: And there­fore it highly concerns all, who need or expect the Benefit of it, to take care, that they themselves be not Instrumental to stifle it in its New-Birth; for it requires a gentle and pru­dent handling, and cannot be Introduced (as it has been thrust out) by Force or violent Pas­sions; but must be meekly dropp'd and instill'd, by such Methods, and suitable Demeanours, as may Commend it to, and Rivet it in the Minds and Understandings of those, that have but lately Embraced it.

You see by the Sequel of this Lord's Letter, That neither their Highnesses, nor this Noble Person (although Grounded and Principled in this peaceable Opinion) do conceive it any ill Usage, for Dissenters from the publick Esta­blish'd Religion, to be kept out of Government, and all publick Employment and Trust: And therefore, if such, who in all other Respects, re­ceive the Benefit thereof, are denied that share of Power, Trust or Profit in publick Stations, which they think they ought also to enjoy in com­mon with others; (as any of them are qualified for it upon a civil Account, without any Reli­gious Test imposed) yet Christian Prudence will teach him that values Liberty of Conscience, and the free, and peaceable Exercise of his Re­ligion, by that Esteem he ought to have of it, not to hazzard the loss of it again, by an Over-valuation of any Worldly Honour, Power or Profit, but to bear with Contentation of Mind and manifest Chear­fulness, A Character (if imposed by the Civil Government) of a Person not Capacitated for publick Employment, because of his Opinion in Religion, different from the Forms of Worship Establish'd in the Nation.

It is a high Favour and Obligation to Grati­tude, That on the Dissenters behalf, their High­nesses Declare, They do not only consent, as for the Papists in His Majesty's Dominions, having as much Liberty as is allowed them by the States in their Provinces; (scilicet, a full Liberty of Conscience) but heartily approve of the Dissen­texs having an entire Liberty, for the full Ex­ercise of their Religion, without any Trouble or Hinderance; so that none may be able to give them tho loast Disturbance on that Account.

This Grace strictly binds the Dissenters to ma­nifest their real Thankfulness to their Highnesses, by a suitable Deportment, SO FAR AS IS CONSISTENT WITH THEIR DƲTY TO GOD AND THEIR KING; and with so much the greater Circumspection, be­cause their Highnesses (Page 21.) do also De­clare, They cannot agree to the Repeal of the Tests, or any of those Penal Laws, by which the Roman Catholicks are shut out of both Houses of Parliament, and out of all publick Employments, Ecclesiastical, Civil and Military. And this No­ble Person afterwards, adds his own Opinion to the same Purpose: (Page 3.) And yet HE E­VER WAS, AND STILL IS, VERY MƲCH AGAINST ALL THOSE WHO WOƲLD PERSECƲTE ANY CHRISTIAN, BECAƲSE HE DIFFERS FROM THE PƲBLICK AND ESTABLISHED RELIGION; AND HOPES BY THE GRACE OF GOD, TO CONTINƲE STILL IN THE SAME MIND.

And asks, Who would go about to perswade him, or any Man else, to endeavour to move their Highnesses, whom God hath Honoured so far, as to make them the Protectors of His Church, so approve of, or to consent to things so hurtful, both to the Reformed Religion, and to the Publick Safety.

His Majesty's Gracious Declaration for Liber­ty of Conscience, and those Passages foregoing, with others of the like Nature in His Lord­ships Letter, being compared and duly weighed, will plainly Demonstrate where the stress lies in Reference to Dissenters; and how greatly it con­cerns them, that this Matter be clearly Stated, to the Satisfaction both of His Majesty and their Highnesses.

THE KING OF HIS PRINCELY CARE AND AFFECTION ƲNTO ALL HIS LO­VING SƲBJECTS, THAT THEY MAY LIVE AT EASE AND QƲIET; AND FOR THE ENCREASE OF TRADE AND ENCOƲ ­RAGEMENT OF STRANGERS, THOƲGHT FIT BY VERTƲE OF HIS ROYAL PRE­ROGATIVE, TO ISSƲE FORTH HIS DE­CLARATION OF INDƲLGENCE; MA­KING NO DOƲBT OF THE CONCƲR­RENCE OF HIS TWO HOƲSES OF PAR­LIAMENT, WHEN HE SHOƲLD THINK IT CONVENIENT FOR THEM TO MEET.

This Indulgence consists of two principal Parts, The one Relating to Ecclesiastical Mat­ters, [Page 3]and the Exercise of Religion in any man­ner whatsoever: And the other, to Civil and Military Employments.

In the former Case, His Majesty having first Declared, That He would Protect and Main­tain all His Subjects of the Church of England, in the free Exercise of their Religion, as by Law Established; (as shall be herein, after in the Words of His Royal Declaration, express'd) af­terwards declares His Royal Will and Plea­sure.

That from henceforth, the Execution of all, and all manner of Penal Laws in MATTERS ECCLESIASTICAL, for not coming to Church, or not Receiving the Sacrament, or for any other Nonconformity to the Religion Established, or for or by Reason of the Exercise of Religion in any manner whatsoever, be immediately Suspended: And the further Execution of the said Penal Laws, And every of them, is thereby Suspended.

In the latter Case. Forasmuch as he was de­sirous to have the Benefit of the Service of all His Loving Subjects, which by the Law of Nature, is inseparably Annexed to, and inherent in His Royal Person: And that none of His Subjects might for the future be under any Discouragement or Disability, (who are otherwise well inclined, and fit to serve His Majesty) by Reason of some Oaths or Tests, that have been usually Admini­stred on such Occasions; His Majesty did thereby further Declare, That it was His Royal Will and Pleasure, That the Oaths, commonly called the Oaths of Supremacy and Allegiance: And also, the several Tests and Declarations mentioned in the Acts of Parliament, made in the 25th and 30th Years of the Reign of His late Royal Brother King Charles the Second, should not at any Time thereafter, be Required to be Taken, Declared, or Subscrired by any Person or Persons whatsoever, who was, or should be employed in any Office or place of Trust, either Civil or Military, under His Majesty, or in His Government. And further, That it was His Pleasure and Intention, from Time to Time, thereafter to grant His Royal Dispensations under His great Seal, to all His Loving Subjects, so to be employed, who should not take the said Oaths, or Subscribe or Declare the said Tests or Declarations, in the above-mentioned Acts. and every of them.

My Lord Fagel tells us, That their Highnesses of Orange, if His Majesty shall think fit further to desire their Concurrence in the Repealing the Penal Laws, they are ready to give it; Provided always, that those Laws remain still in their full Vigour, by which the Roman Catholicks are shut out of both Houses of Parliament, and all Pub­lick Employments, as has been before-mentioned. But to the Repeal of those Tests, and those other Penal Laws last mentioned, that tend to the Se­curity of the Protestant Religion, for the Reasons exprest in the Letter, they cannot agree.

Some of the Dissenters upon their first sensible Experience of that great and unexpected change of their Condition, effected by His Majesty's Gracious Declaration of Indulgence, Enlarged from Imprisonment during Life, without Conformity; discharged from Fines and Forfeitures, which they cou'd never have satisfied: At Liberty, not only to follow and attend upon their private Callings, but to Exercise their Religion according to their Consciences, without any Restraint or Distur­bance, (so as they took special Care, that nothing was Preach'd or Taught amongst them, which might any Ways tend to Alienate the Hearts of His Majesty's Subjects from Him or His Govern­ment; and that their Meetings and Assemblies, were Peaceably, Openly, and Publickly Held, and all Persons freely admitted to them;) Reckoned themselves obliged in Duty to God in the first place, for His Merciful Providence; To the King in the next place, for His Gracious Pardon and Indulgence, to pay their Humble and Thank­ful Acknowledgments: And this they did in their Publick Assemblies, and also in their Solemn Addresses to His Majesty.

Soon after, under an Umbrage of Kindness in a Printed Letter, (Entituled, A Letter to a Dis­senter) they were rebuked as guilty of Unrea­sonable Thankfulness, and Pre-cautioned of the Hazzards to which they Exposed themselves, by taking Liberty to Assemble publickly (the only Condition upon which they were permitted to Assemble at all) before it was Granted, or Con­firmed by Parliament: But (this Rebuke and Pre-caution, notwithstanding) the Generality of Dissenters and many others in Conjunction with them, pursued the same Method in Addressing to the King; and many of them, therein assuring His Majesty of their best Endeavours, for Choosing such Members for the next Parliament, as would consent, that the Indulgence granted by His Ma­jesty's Gracious Declaration, should be Confirm­ed by a Statute-Law.

If the Dissenters had not made these Acknow­ledgments, or should not pursue what they have [Page 4]promised, His Majesty would have just Cause to be highly offended; But because they have been driven to this Necessity by the Church of England, and those in her Communion, by whom they have been always branded with the Marks of Dis­loyalty, as if they were Universally Seditious, Riotous, Rebellious; and all this, because some of them Regularly, others of them Irregularly, in Conjunction with many more than themselves of the Church of England, strove to Defend and Vindicate their own and others Liberties and Privi­ledges, as Subjects & Christians, of which the genera­lity of the Church of England, in Opposition to these Dissenters, and the rest of their own Communion, would make a Surrender, and (as the Author of the Letter to a Dissenter terms it) a Sacrifice to their Revenge. If the Dissenters had no other Plea, but this inevitable Necessity to which they were Reduced, that they must starve at present, to avoid a Forfeiture of their Subsistance in the next Generation. It is to be hoped, that what they have done, and promised to do in their Addresses to His Majesty, being duly weighed by my Lord Fagel, will be so Represented, as that it may not be any Offence to their Highnesses.

Dissenters, though in such things as relate in­differently to them all, they may all agree; yet in other things, they dissent one from another, as much as from those who are no Dissenters, so called in Reference to the Establish'd Religion; and in that Coercion of Conscience, Subjection to Fines, Imprisonments, and Universal Ruine, to which, by Statute-Laws as they now stand, they were all Exposed. They are equally concerned in an Orderly, and such a Way as is attainable with His Majesty's Approbation and Royal As­sent, to endeavour, that all those Laws may be either Totally, or in part Repealed; and the rest so Explained, as that none of them may be Ex­posed to the Severity of them for Conscience sake.

But although the Pressures under which the Dissenters were laid; are a sufficient necessious Excuse, for what they have done, and further ob­liged themselves to do, in their Humble & Thank­ful Addresses to the King: Yet for His Lord­ships more entire Satisfaction that their Neces­sities have not driven them to do any more, than what is agreeable with their Principles, in Relati­on to Civil Government; and such Laws as are requisite for its Support, Dignity and Safety, so far as I am capable of understanding their Rea­sons for so doing, by a general Conversation a­mongst most sorts of them, for many Years past: I am desirous they should be Communi­cated for a general Satisfaction; and more par­ticularly and especially, that his Lordship may know them, if he will vouchsafe to read my Sentiments therein, who am an old Dissenter from the Dis­cipline, Service, and Statute Law, Worship and some Canons; but no Adversary to the Doctrines in general, or Constitution of the Church of En­gland.

His Lordship is pleased to say, (Page 4.) That it is certain, that there is no Kingdom, Com­monwealth, Constituted Body, or Assembly what­soever, in which there are not Laws made for the Safety thereof; and that Provide against all Attempts whatsoever, that disturb their Peace, and that prescribe the Conditions and Qualities that they judge necessary for all that shall bear Employments in that Kingdom, State, or Cor­poration: And no man can pretend, that there is any Injury done him, that he is not admitted to Employments, when he doth not satisfie the Con­ditions and Qualities Required.

And afterwards, (page 7.) Our Laws are Ex­press, Excluding Roman Catholicks by Name, from all share in the Government, and from all Employments, either of the Policy or Justice of our Countrey: It is true, I do not know of any ex­press Law that shuts them out of Military Em­ployments; That had indeed been hard, since in the first Formation of our State, they joined with us in defending our Publick Liberty, and did us Eminent Service during the Wars, therefore they were not shut out from these Military Employ­ments; for the publick Safety was no ways endan­gered by this; both, because their Numbers that served in our Troops were not great, and because the States could easily prevent any Inconvenience that might arise out of that, which could not have been done so easily, if the Roman Catholicks had been admitted to a share in the Government, and in the Policy and Justice of our State.

And further, (page 8.) Since the matter that is now in Hand, Relates not to the making of New Laws, but to the Total Repealing of those already made both by King and Parliament: Their Highnesses do not see how it can be expected of them, that they should Consent to such a Repeal, to which they have so just an Aversion; as being a thing, that is contrary to the Laws and Customs of all Christian States, whether. Protestants or Papists, who receive none to a share in the Go­vernment, or publick Employments, but those who [Page 5]Profess the Publick and Establish'd Religion, and take Care to secure it against all Attempts what­soever. And a little before, Their Highnesses are Convinced in their Consciences, that both the Pro­testant Religion, and the Safety of the Nation, would be Exposed to most certain Dangers, if either the Tests, or those other Penal Laws, of which I have made frequent mention, should be Repeal'd.

To several of these things, it is my intent, hum­bly to offer my Dissent: But I desire to do it with all Deference to his Lordship, and humble Sub­mission to the Judgment and Determination of my Superiours, on whose Shoulders the weight of Government, whether Legislative, or Execu­tive, lies; and in whose Hands respectively, are both the Right and Power of Disposing all pub­lick Employments.

Civil Government, is Ordained of God for the good of Mankind; Dominion is founded in Na­ture, and so of Consequence, is Subjection to Superiours. The Dissenters, who acknowledge the Scriptures to be the Word of God Revealed from Heaven, and to contain, the standing gene­ral Rules of Faith, Worship and Conversation, are therein taught, and readily admit, that every Soul ought to be subject to the Higher Powers and to every Ordinance of Humane Creation; not only for Wrath, but for Conscience sake, and the Lord's sake.

Every Independent Government, being Supream over its own Subjects, is vested with a Power to make and Execute such Laws, as are necessary, proper, and adequate, for its own Support and Safety; and may justly require, not only a Subjective, Passive, but an Active Obe­dience to be given by each particular Subject, in all Lawful Things, as he is thereto Capacitated, and by Authority Commanded.

No matter or thing whatsoever, openly Tran­sacted, is Exempted from the Cognizance or Judgment of such, as are supream Governours, within their Respective Dominions: And it is certain, as my Lord Fagel says, There is no sort of Government, in which there are not Laws made for the Safety thereof, and that Provide against all Attempts that disturb their Peace; And (de Facto) Prescribe Conditions and Qualities as they judge necessary for all that shall be employ­ed therein.

But that all Conditions and Qualities are alike, necessary, equal and just, or such as naturally tend to the Peace and Safety of the Government; and that no man can pretend, that there is any Injury done him, that he is not admitted to pub­lick Employments, when he doth not satisfie the Conditions and Qualities required: These things fall under farther Consideration.

If his Lordship had not declared the special Reasons, why their Highnesses, and himself can­not consent to a Repeal of the Tests, and some Penal Laws; or not mentioned the Laws of his own Country, nor declared, that the matter now in Hand, relates not to the making of New Laws, but to the total Repealing of those already made, both by King and Parliament. There had been no Occasion given for such Remarks, as I shall now make upon these Branches of His Letter;

His Loadship very well knows, that as Govern­ments are divers in their Forms and Constitutions, one from another, so also are their Laws and Customs.

Mr. Stuart's Mistake, gave Occasion to his Lordship to inform him aright, concerning the Laws of his Countrey; and if his Lordship be mistaken, concerning the Laws and Constitutions of Our Kingdom, there is the like Occasion for a Right Information therein to be given to his Lordship, and all others who concern themselves therein: And as he subjoyns the Reasons, why the Roman Catholick's are not shut out of Military Employments, but are Excluded by Name from all share in the Government, and from all Employ­ments, either of the Policy or Justice of their Country; so I may humbly offer to His Lord­ships further Consideration, such Reasons as I think to be cogent, why no Dissenter, Roman Catholick, nor Protestant, if Commanded and Authorized by the King, and in all other Respects (not touching his Religion) duly qualified accor­ding to Law, to Execute any Employment, Civil or Military, should be Excluded from thence, purely, because his Religion or manner of Wor­ship, is different from that, which by Statute-Law is Establish'd to be the publick Worship of the Nation.

I doubt not but that forementioned Maxim which tends to, and is necessary for the Mainte­nance of publick Peace and equal Justice, and which is before declared to be the Opinion of their Highnesses, is built upon the same Founda­tion, which his Lordship declares to be the ground, why he is very much against all those who would (Page 3.) Persecute any Christian, because he differs from the Publick Establish'd Religion. Scil. Because that Light, with which Religion Il­luminates Our Minds, is purely an Effect of God's Mercy to us, and inclines to Pity, and Pray for [Page 6]those who Err, That God would bring them into the Way of Truth, and to use all Gentle and Friendly Methods, for Reducing them to it.

And his Lordship may very well say, That He could never Comprehend, (for I think, it is not to be Comprehended by any man) how any that Profess themselves Christians, and that may En­joy their Religion freely and without any Distur­bance, can judge it lawful for them to go about to disturb the Quiet of any Kingdom or State; or to Overturn Constitutions, that so they themselves may be Admitted into Employments. And let me add to this; from the like Reasons of State and Obligation of Religion, I can as little appre­hend, how any that are of the National Religion, and may enjoy both that, and all the publick Be­nefits of it freely, and without any Disturbance, can go about to disturb the Quiet of this King­dom; and to make, not only Religious, but our Civil Constitutions so to jarr, and justle one a­gainst another, as to threaten the over turning of the whole; That so under the Umbrage of Sta­tute Laws (in some Respects incoherent, if not with the Fundamental Law, yet with the present State and Management of Publick Affairs,) they themselves may be the only Persons capable of Employments, Exclusive of those many Myriads in the Nation, who upon a Civil Account may justly desire, that such Statute Laws may in an orderly Method, be either in part, or in whole Repealed, or so Limited or Explained, as that they may not for the future, be any more than o­thers of His Majesty's Subjects, entangled in, or subjected to a loss of their Civil Rights, for a good Conscience towards God, or Obedience to the Commands of their King, in such things as are in their own Nature, not only lawful, but ne­cessary to be done.

It may be his Lordship has not taken such strict notice of the Nature of the Government, Constitutions and different Qualities of the Res­pective kinds of the Laws of England, as he has done of those of his own Countrey; all which are necessary to be known, and well pondred before any Solid Judgment can be made in Respect of such Proceedings, as have been and are like to be amongst us, in the disposal and calling of Persons to Offices, Places of Trust, and Publick Employ­ments.

His Lordship is pleased frequently in his Let­ter, to put a great Emphasis upon such Laws as he would not have Repealed, in that they are made both by King and Parliament; whereas, setting aside the subject matter, there is nothing more in this, then what is requisite to every Sta­tute that passes into a Law; some of which have never been observed at all, but openly broken e­very day; and no man ever Prosecuted for the breach of it: Others Prohibiting some sorts of Trades and Merchandizes, which have been E­vaded, Neglected, or Counived at, or Dispen­sed withal, upon divers Occasions not needful to be mentioned: Nothing is more frequent a­mongst us, then to have Statute Laws made in one Parliament, to be Repealed in part, or in whole, by the next Succeeding, and sometimes in the same Parliament, if of any Long Continuance, But on the other hand the Sages of our Law, have in their Law Books delivered certain Fundamen­tal Maxims, from which we can never recede; as that, If a Statute Law should be made contra­ry to Common Right, and the General Law of Nature, Reason or Scripture; such a Law would be void of it self: And when Actions have been grounded upon a particular Statute, which in the ordinary construction of words, did seem to In­trench upon any Fundamental Maxims: Our Judges have given another Interpretation of such Statutes, then the words in common construction would bear, rather then give Judgment in any special case against such General and Fundamental Maxims.

The King's Prerogative, is part of the Com­mon Law of England, and as this is expresly sa­ved in several Statutes; so it hath been frequently Interpreted by the Sages of our Law, to extend to the Dispensing with Suspending or Pardoning of any Penalty incurred by a Statute-Law, whereby no Subject can derive a particular damage to himself; and wherein the Kings Power is not expresly limited; And where the nature of the Offence is such as may be dispensed with the King is not confined to Number, Place, or Time, for That the Law leaves indefinitely to His Pleasure, that the Remedy may be proportionable to the Occasion: And tho every Penal Statute is in­tended in some sense Pro Bono Publico; yet it may not be Pro Bono Singulorum Populi. And in such cases, the Offence is understood to be only to the King's damage in His Publick Capaci­ty of Supream Governour; and therefore wrong­ing none but Himself, His Prerogative may be Exercised as oft and as largly as he is Gratiously Pleased it shall be in Acts of Mercy, Kindness, and Goodness to any of His Subjects who are Obnoxious to Penalties by breach of Penal Laws, so as no other of His Subjects be injur'd thereby in their particular Rights: And in many cases [Page 7]with a Non-obstante in His Grant, to a Non­obstante in an Act of Parliament therein Recited.

His Lordship is pleased to say, That it is con­trary to the Laws and Customs of all Christian States, whether Protestants or Papists, who re­cieve none to a share in the Government, or to Publick Employments, but those who profess the Publick and Established Religion, and that take care to secure it against all Attempts whatsoever; But this must be taken with an Exception, as to Military Employments in his Lordships Country, as he has exprest it; and also with an Exception as to our Kingdom, which as Sr. Ed­ward Coke Chief Justice has well Observ'd, is di­vided, not only by the Seas, but by its own Laws from all the rest of the World; for that they have no dependance upon any Forreign Law whatsoever, no not upon the Civil Law; but are in such a manner Appropriated to it self, as that no forreign Precedents are to be objected against it; And with this special Exception in the very Act of Parliament, for the taking the Parliamentary-Test in Relation to the the King's Majesty that now is, being then Duke of York, and Heir Presumptive to the Crown, which in Right of Succession to His Royal Brother, He now Enjoys, there is a Proviso made in these words, Provi­ded always, that nothing in this Act contained, shall extend to His Royal Highness the Duke of York. (Provided) had been sufficient, and I pre­sume (always) will be construed only as Redun­dant. But as there is no express Saving, so nei­ther is there any express limitation of the King's Prerogative in that Act.

I also conceive, That His Lordships Asserti­on ought to be taken with an Explanation, or far­ther Exception of such Governments as by their Laws and Constitutions admit of the Publick Ex­ercise of both Religions, Roman Catholick and Reformed; and also of all such Imperial Dyets in Germany and Poland, as are Constituted of of Princes and Palatinates, as well of one as of the other Religion. And tho I have no other Exceptions to add in matter of Fact, as it is li­mited to Christian States, yet among such as are of the Reformed Religion, who acknowledge the Authority and Verity of the Holy Scripture. It may be alledged that Ab Origine, it was no General Rule, Law, or Reason of State, in Relation to Ci­vil Government, That all who were admit­ted to Publick Employment, should be of one and the same Religion; I omit to instance those mean Examples which may be given from thence to the Contrary: I shall mention only that of the Babylonian and Persian Kings.

Nebuchadnezzar gave directions to the Master of his Eunuchs, to bring the Choicest of the Isralites for Wisdom and Knowledge, to stand in the Kings Pallace; Daniel and his Brethren were brought, and stood before the King (tho they neither were of, nor would take any care to se­cure the Kings Religion, or the Publick Worship of the Countrey.) And these and others of their Nation were promoted by him: And the Suc­ceeding Persian Monarchs in Places of Trust and Publick Employments, and obtained great Pri­viledges in relation to their own Religion, Nation, Countrey, and Principal City.

But it is to be observed, That tho, Liberty-of-Conscience, was rarely Interdicted by any of the Great Monarchs before, or till the Age after our Saviours manifestation in the Flesh; (so that to dissent from any Established Religion was no im­pediment to a Secular Employment) yet an Antichristian Spirit ever and anon discovered it self in such as had a form of Godliness, in their Disturbing and Opposing the true Servants of God, in the Peaceable Enjoyment of their Civil and Re­ligious Liberties, upon the account of their dis­sent from such Forms of Worship as by Custom or Tradition were commonly used. Reforma­tion according to the Revealed Will of God, has often been maligned, whereof we have also divers instances in Scripture, one I shall mention, because (tho it be a digression.) it seems apt to our present purpose.

The Laws of the Medes and Persian were (as by a stated Maxime) esteemed unalterable; Cyrus their King, as also his Successors, having experience of the Wisdom and Fidelity of some of the Jews in their Captivity, not only placed them in Publick Employments, but granted them as a special Favour, the Rebuilding of their City, and the Temple of God, and Restitution of His Worship at Jerusalem, according to the Divine Law.

The Kings great Officers, and the Nations inhabiting in the Countries Adjacent (tho they pretended to seek and do Sacrifice to the same God yet) being Adversaries to the Jews Resti­tution and Reformation of Divine Worship, ob­tained countermands to this Persian Kings decree, and even in the Reign of Cyrus, hired Councellors to frustrate the Jews purposes, and by Royal Orders, obtained contrary to the first Decree, Inter­rupted the Progress, & full Accomplishment, there­of for many years after. And tho these King; had Experience of the Fidelity of the Persons to whom [Page 8]these Favours were granted, yet on Pretensions that the Grants would be to the Kings damage, and that the Jews in general were (as some of them at certain seasons had shew'd themselves to be) a Seditious People: They were prevented for a long time of the full Enjoyment of the Priviledges Granted.

In like manner, (so far as the parallel in a due con­struction will bear) If the States of the United Netherlands had made such a Judgment Universal­ly of all that were of the Communion of the Church of Rome, That they were and would be persidious to their Civil Governours of another Religion; And had for that Reason in the first formation of their State, rejected those Roman Catholicks who joyned with them in defending their Publick Liberty; They never could have had that Experience of their Fidelity and Emi­nent Service for which his Lordship now applauds them.

It is not my part to speak any thing more concerning the English Roman Catholicks upon this ccasion, then only to refer to such of our Laws, as in Ages past were made by them to Vindicate and Guard the Kings Prerogative, and the Rights of his Subjects, against the Usurpati­ons of the Bishop of Rome, and Clergy of that Communion: But I conceive his Lordship (by observing the different conduct of those of the Reformed Religion, where they have the Government toward the Roman Catholicks, from what the Roman Catholicks is where they have the Power, and reckon themselves safe towards those of the Reformed Religion) hath admini­stred a fair occasion to His Majesties Subjects of that Communion, to manisest how far it consists with their Religion and Resolution, (whether admitted into, or debarr'd from places of Trust and Publick Employments) indispensably to per­sist in their Obdience to the Soveraign Majesty of this Kingdom, and Amicable and Peaceable Behaviour towards all their fellow Subjects of the Reformed Religion. And whether they will contribute their assistance in their respective Ca­pacities, for establishing and preserving Liberty of Conscience, on such a Foundation as may secure all sorts of Dissenters now, and herereafter from all Penalties and Coercion: For if by any such De­claration it should appear we have English Roman Catholickt, like unto those of the Netherlands; This might perhaps make way for some distin­ctions to be made in future provisions, by Law (as heretofore has been done) between some Roman Catholicks and others, so as to avoid the general condemnation of all who are of their Communi­on (as other parties have been to the injury of many Thousands) by whole sale; and if it should ever hereafter happen upon proof, That any of our English Roman Catholicks should do Emi­nent Service in defence of the Public Peace and Liberty; I make no doubt but the consequence would extend farther, with respect unto such individual Persons, then it did with the Papists in the Netherlands.

For greater Fidelity to the Publick Interest could not be shewn, then to hazard their Lives, and Persevere in their Constancy with the Reformed Protestants, in defence of their Civil Liberties, against Armies of their own Religion, when any Act of Treachery (as the Princes of the Philisti­ans said to the King of Gath, concerning King David) might have Reconciled them to those of their own Communion, 1 Sam. 27.4, 5. perhaps with a secular Advantage to themselves, and Hazard, if not certain Ruine of the Lives and Liberties of the Reformed Protestants: Certainly those Indi­vidual Persons (if the Conditions of their Service were not before hand expresly limited to a Mi­litary Station) might think they were hardly used, to be excluded by Name for the sake of their Reli­gion, from all share in the Government and other publick Imployments, which they had been instru­mental with others to recover and defend.

There is one passage more in his Lordship's Letter, which will lead me to what I have far­ther to add upon this occasion.

His Lordship says, He would gladly see one sin­gle good Reason, to move a Protestant that fears God, and that is concerned for his Religion, to con­sent to the Repealing of those Laws that have been Enacted by the Authority of the King and Parliament, which have no other Tendency, but to the Security of the Reformed Religion, and to the restraining of the Roman Catholicks from a capacity of overturning it: These Laws inflict neither Fines nor Punishments, and do only Ex­clude the Roman Catholicks from a share in the Government; who by being in Employments must needs study to Encrease their Party, and to gain to it more Credit and Power, which by what we see every day, we must conclude, will be extreamly dangerous to the Reformed Religion, and must turn to its great Prejudice.

I have before declared, I have been long reckoned among dissenting Protestants, and do acknowledge it is my Duty (above all earth­ly things) to Fear GOD, and to be concerned for my Religion. But I must beg his Lord­ships patience and permission to enquire into the true meaning of this Passage before I at­tempt to satisfy his Lordships desire. (1.) Be­cause I cannot find any such Law, as is effectu­al (our present State considered) to keep Re­man Catholicks and no others out of Imploy­ments, or that do not either directly or of ne­cessary consequence, tend to the inflicting of Fines and Punishments on them, or any other Dissenters if they resuse, or (without the qualifications required) accept the execution of those imployments. (2.) I premise, there may be an Explaining, Qualisying or Repealing any Laws in part, without a general or absolute Repeal of the whole Law: an instance of this kind we have in the Reign of King James the First, in the Third year of His Reign, a Law was made for some persons ta­king and subscribing the Oath commonly called the Oath of Allegiance, in the form prescribed.

In the Seventh year of the same King, a­nother Law was made, wherein notice is ta­ken of a just desence of the said Oath, a­gainst false and unsound Arguments, undertaken and performed by the Kings Majesty, to the great contentment of all his loving Subjects, notwithstanding the gain-saying of contentious adversaries, and in this last Act it is said, That the form of the Oath tends only to the Declara­tion of such duty, as every true and well-affected subject, not only by bond of Allegiance, but also by the command of Almighty GOD, ought to bare to his Majesty, his Heirs and Successors. And Enacts. That every person above the age of Eighteen years, therein mentioned, and inten­ded, shall Make, Take, and Receive a Cor­poral Oath upon the Evangelists according to the Tenor and Effect of the said Oath set forth in the first mentioned Statute before such per­sons as are in that Act expressed.

In the Kings Epistle to all Christian Mo­narchs, Free-Princes, and States Prefixt to his Apology; his Majesty declares, That his In­tent in that Oath, was only to meddle with that due temporal obedience, which his Subjects owed to him, and not to intrap, nor inthrall their Con­sciences; And in Answer to the Popes Second Breve, That such as had taken this Oath, had sworn to no more than their Natural Allegi­ence.

The Kings Intent being thus declared, His Apology approved by Parliament, and the Oath Explained, satisfied many, so as to take the said Oath, which otherwise would have scru­pled it.

Another instance we have in the Reign of Queen Elizabeth in the First year of her Ma­jesties Reign, that Statute which prescribes and enjoyns the taking of the Oath called the Oath of Supremacy, by all the Clergy and Tempo­ral Officers (whereby they obliged themselves to assist and desend the Queens Highness, her Heirs and Successors in all Jurisdictions united, and annexed to the Imperial Crown of this Realm) does also among other things unite and annex to the Crown all Jurisdictions, Spi­ritual and Ecclesiastical, which had before, or might Lawfully be exercised for Reformation of all manner of Errors, Heresies and Schisms.

This Act and Oath occasioned many seru­ples in the minds of her Majesties Subjects; for which cause, soon after the dissolution of this Parliament, and about four years before the Calling of the next, her Majesty, besides the dis­pensations which she gave to particular Persons upon special reasons) published a Book common­ly called the Queens Injunctions, wherein she was graciously pleased, by her Power in Ecclesiasti­cal Affairs, to declare such a construction and sense of the words of this Oath (exprest in other words much different) as gave Her Subjects in general, relief therein; and ac­quitted such of them, as should in the sense she declared, take the said Oath, from all man­ner of Penalties (which were very great) a­gainst such as should refuse to take the same.

In the next succeeding Parliament, which was held in the Fifth year of her Majesties Reign, this Oath of Supremacy was enjoyned to be taken, not only by all such persons as were mentioned in the former Act, but also by every Member of the Commons House of Parliament; and it was Enacted, That such as should enter into the Parliament House with­out taking the said Oath, should be deemed no Member thereof, and should suffer such pains and penalties, as if he had presumed to sit in the same, whithout Election, Return, or Authority.

But it was also therein provided, That the said Oath should be taken and expounded in such form, as was set forth in an Admonition annex­ed to the Queens Majesties Injunctions, published in the First year of her Majesties Reign, which was exprest in the Act, and refer'd to the said [Page 14]Injunctions, by which it more plainly appear­ed, and in the Eighth year of her Majesties Reign, in an Act then made, it is recited, That the Queens Highness in Her Letters Patent to any Archbishop, Bishop, or others for Confirming, In­vesting, and Consecrating of any Person elected to the Office or Dignity of any Archbishop, or Bishop, had not only used such Words and Sentences, as were accustomed to be used by King Henry, and King Edward, her Majesties Father and Brother, in their like Letters Patents, made for such Causes, But also had used and put in her Maie­sties said Letters Patent, divers other general VVords and Sentences, where­by her Highness, by her Supream Pow­er and Authority, had dispensed with all causes or doubts of any imperfecti­on or disability, that could, or might, in any wise be objected against the same. And the same Statute declares, That all Acts and Things done by any Person or Persons, by vertue of her Majesties Letters Patents, or Commission about any Consecration, Confir­mation, or Investing of any Person or Persons, elected to the Office or Dignity of any Arch­bishop or Bishop, within this Realm, or any other her Majesties Dominions, since the begin­ning of Her Reign, should be judged, and deem­ed by Authority of that Parliament, at, and from every of the several times of the doing there­of, good and perfect to all respects and pur­poses; any matter or thing that could or might be objected to the contrary thereof, in any wise notwithstanding; and provides, that all tenders of the Oath of Supremacy before that Sessions, by vertue of any Act made in the first Session of that Parliament, (which was about three years before) and all refusals of the Oath so tendered by any Archbishop or Bishop, should be void, and of none effect, or validity in the Law; and, that no person or persons, should at any time afterwards be impeached or molested, in Body, Lands, Livings, or Goods, by occasion or mean of any such Certificate, touching or concerning the refusal of the said Oath; and in the preamble of this Act it is declared, That the State of the Clergy being one of the greatest States of this Realm, it was thought con­venient thereby, to touch such Authorities as did allow and approve the making and consecrating of the Archbishops and Bishops to be duly and orderly done according to Law.

By which proceedings it may appear, That the extent of the Oath of Supremacy, as it might have been taken to be by the first Sta­tute, was by the Queens Admonitions explain­ed, limited and restrained; Any deficiences which were or might be construed to be in the second Act, or in such words and senten­ces as were used by her Predecessors for Con­firming, Investing, or Consecrating Archbi­shops or Bishops, being one of the great States of this Realm, were by general words and sen­tences in the Queens Letters Patent and Com­missions, supplyed. All causes and doubts of any imperfection or disability, were by the Queens Highness, Supream Power and Authority, re­moved out of the way: and all that was done pursuant thereunto, declared to be good and perfect, at, and from the time of the doing thereof.

In the King's Apology before mentioned, his Majesty reflects upon the Pope, for having in his Breve dealt both indiscreetly with his Ma­jesty, and injuriously with his own Catholicks: With his Majesty, in not refuting particular­ly, what special words he quarrell'd in that Oath; which if he had done, It might have been, that for the fatherly care the King had, not to put any of his subjects to a needless extremity, he might have been contented in some sort to have reformed or interpreted those words: With his own Catholicks, for either, if the King had so done, they had been thereby fully eased in that busi­ness; or at least, if he would not have condescended to have altered any thing in the said Oath, yet would thereby some appearance, or shadow of ex­cuse have been left unto them for refusing the same, not as seeming thereby to swerve from their Obedience, and Allegiance unto him; but only be­ing staid from taking the same upon the scrupulous tenderness of their Consciences, in regard of those particular words.

Herein if the King does not assert his Pre­rogative to extend, to reforming the words of an Oath Established by Law, for the ease of the Consciences of some of his Subjects; yet his Majesty plainly intimates some regard is to be had to those, who did not swerve from their obedience, but were only staid from taking this Oath through scruples of Consci­ence.

In the Reign of King Edward the Sixth, Queen Elizabeth, King James the First, King Charles the First, King Charles the Second, divers Grants were made or confirmed, and Toleration given to Strangers for exercise of Religion (in the Principal Cities, and Towns of England; as London, Norwich, Canterbury, and [Page 15] Southampton) in Forms different from the Act of Uniformity of worship, with a Non obstan­te to that Act; And Charters in like manner, in the Reign of all or some, of the three last Kings, to divers of their own Subjects, for ex­ercise of Religion according to their Consciences in Forreign parts within their Majesties Do­minions, with a dispensation as to Laws in force, relating to Religion, and requiring Oaths of Obedience in the form prescribed by such Laws; and though some of these Dissenters, who obtained these Grants, have contrary to the common rules of Justice and Equity, inflicted temporal penalties upon such of their brethren as have dissented from the forms of Worship, established by their own municipal Laws, and have therein usurped a power over Consci­ence, which they desired, and obtained by Grant from the King, might not be exercised in reference to themselves; yet those Regal Grants, made to secure them from the penal­ties which otherwise they might have incurred by their Nonconformity to the General Laws in being, respecting Religion, Sacrament, and Oaths, (which reacht not only throughout the Realm of England, but all other their Ma­jesties Dominions) have been continued and re­newed, without ever being taken notice of in Parliament, as an extention of the Kings Pre­rogative beyond the due bounds of Law.

By all which instances it seems to me evi­dent, that his present Majesty has not by his Gracious Declaration of Indulgence, exercised his Prerogative in any Case, or upon any o­ther Grounds, than has been done before, by his Royal Predecessors, respecting the nature of the things, but only in the degree, as it is a more general extensive, and comprehen­sive Act of Grace, than any of those special Grants, which have been made by his Proge­nitors, grounded upon the most universal, and evident Maximes of Religion, and Civil Government, viz. That his Majesty may have the benefit of the service of all his Loving Sub­jects, which by the law of nature is inseparably annext to, and inherent in his Royal Person, with­out imposing upon any of them such Re­ligious Tests, or Oaths, as they cannot in Conscience to God submit to.

The present Laws, which require taking of the Sacrament, Oaths, or Tests: in order to a residing in the Kings Courts, or presence, or executing offices, and places of trust, declare the Reasons thereof to be in that of the Twen­ty Fifth of the Late King, For prevent­ing dangers, which may happen from Popish Recusants, and quieting the minds of his Ma­jesty's good Subjects. And in that of the Thir­tyeth year of his Reign. For that divers good Laws had been made for preventing the in­crease, and danger of Popery in this Kingdom, had not had the desired effects by reason of the free access, which Popish Recusants had to his Majesty's Court; and by reason of the liberty, which of late some of the Recusants had, and took to sit and vote in Parliament, and for the safety of his Majesty's Royal Per­son and Government.

I do not remember any Law passed in the five years interval, between the first and last Test, which from the Subject matter of it, can be supposed to be influenced, much less carried by any Roman-Catholicks, taking a liberty to sit and vote in Parliament; nor that any Ro­man-Catholicks were in that time, or for five years after the last Law, prosecuted to effect, so as to suffer the penalties incurred by ei­ther of those Acts. If a due observance and execution be the life of any Law; and if upon enquiry, it should be found, that this was wanting; it may thence be infer'd (if any Roman-Catholicks did within this time reside in this Majesty's Court) that a Law of this nature, where the King will not incou­rage, and much more, where he will stay the prosecution, is but as a dead letter, and never like to attain its end in that respect.

And when all is done that can reasonably be thought of in this kind, it still remains to be farther considered; whether the King in being, be not the sole and proper judge of his own safety; and which of his Subjects shall have liberty to reside in his Courts, and come and abide in his Royal presence. And if after the passing these Acts, the Late King had, as his present Majesty has required many of his dissenting Subjects, Roman-Catholicks or Protestants (who could not in conscience take the Sacrament, Oaths, and Tests, in the form prescribed) to attend his Person, and execute his Lawful commands with a Non obstante to these Poenal Laws. I see not how they could have been justified in refusing to obey such commands, nor if they therein do no more, than what they are obliged to, by their true duty, and service of Allegiance; how it can consist with reason and good conscience, that they should be prosecuted upon these, or any such like Poenal Laws, for refusing to qua­lify themselves for such duty and service in the [Page 16]sorms thereby prescribed, which are contrary to their conscience, when the King is pleased to dissence with such Laws, and is otherwise satisfied of their Fidelity.

There is one thing more which the Subject matter of the Oaths and Tests, enjoyned by these Laws, lead me to consider; I take the main drist of them, to tend to a discrimina­tion between the understanding and conscience of some men from others, concerning the Religious Opinions, and Practice, therein to be attested in reference to their being ad­mitted into, or excluded from the Royal pre­sence, Publick Trusts and Imployments, and that the weight of these Laws, lies principally in securing the Natural and Civil Rights of the Supream Governor and his Subjects, from being invaded by Recusants; and though the security of the Protestant Religion might also be in the eye of our Legislators, yet the keeping out false Doctrines, Superstition and Idolatry, from corrupting our Religion, was not that which was especially considered in framing these Laws and Tests.

For if it should be supposed, that these Laws (because they require Tests of a Spiritual Nature, in order to admission into a Civil Imploy) are capable of any such Interpreta­tion, as may lay the weight of any Persons being excluded from such Places upon this, That they are Persons guilty of False Do­ctrines, Idolatrous and Superstitious Practices, and therefore not fit for any Trust in the Government, because the admission of such Persons into those Places, has a tendency to corrupt the Reformed Religion.

Then it would also follow, That whoever is guilty of any other such-like False Doctrine, Idolatrous or Superstitious Practice, or of any open irreligious Crimes, rank'd with, and of as hainous a nature, and as destructive to all True Religion, as These, are equally unfit for such Places: Which Opinion, if followed, would require Tests of another kind, besides these now prescribed.

For the same revealed Doctrines and Rules, which instruct us in the Nature and Use of the Sacrament, and other Holy Mysteries of the Christian Religion, do also instruct us, and give warning, That none be deceived: neither For­nicators, nor Adulterers, nor Effeminate, nor Abusers of themselves with Mankind, nor Thieves, nor Covetous, nor Drunkards, nor Revilers, nor Extortioners (no more than Ido­laters) shall inherit the Kingdom of GOD.

The Spirit and Soul of the Christian Religion, which is pure and undefiled before God, consists in the Exercise of Faith, Love, Hope, and such­like Graces; which do all tend to an internal Sanctity, and to a Manifestation of it self in suitable acts of Piety, Charity, and Mercy: And unless such Tests be added, as have a tendency to discriminate such as are Religious, from others who are openly Prophane, the testifying against one sort of False Doctrine or Idolatry only, will no more Secure our Religion against the growth of Irreligion or Prophane­ness (which is as bad as the worst Religious part of Popery) than if he that served Malcham should be excluded, when he that served Belial might be admitted.

But since this cannot be, neither is it requi­red to be, in reference to Mens enjoying their Natural and Civil Rights, it remains only to be considered, Why any one sort of Idolatry or Superstition, should exclude any Person from Publick Imployments, rather than another: And this may be (not from the nature of the Worship, but) from the combination of the Worshippers against all others, And if this can be separated, or other sufficient Caution provided, we may be as Secure both in our Civil and Religious Liberties, when these Tests are no more, as we were before they were made. And for the accomplishment of this, nothing can have a more direct and natural tendency, than such a Repeal or Qualifying of Poenal Laws and Tests, as may set such of the R. Catholicks as shall oblige themselves to be true to the Go­vernment and Interest of the Nation, upon the same terms of Security for enjoyment of all their Civil Rights, with the rest of their fellow-Sub­jects, notwithstanding their Dissent in Reli­gion.

It was the great Wisdom and Care of King James the First, as he declares in his Apology, to distinguish such of his Subjects as were Pa­pists, (and the Rule will hold to every other sort of Christians) who (retaining to themselves their religious Opinions) would acknowledge their Fidelity and Civil Obedience to their Soveraign, from such others as would not so do: Wherein His Majesty proposes a due regard to be had to the Consciences of His Subjects, in reserence to their Religion, when they are required to acknowledge that Duty which they owe to their Civil Soveraign. And this is so much the rather worthy imitation, in Civil Constitutions, because it is after the Example of God, in reference to Religious Constitutions; [Page 17] That no particular Persons may be Condemned of such Crimes as are charged upon the Church in ge­neral Terms, whereof they are Members, if so be they have kept, and can purge themselves from the Crimes objected.

This appears plainly by such Transactions as relate to the Church, as well under the Law as in the days of the Apostles, when many Corrupt Doctrines and Practices were crept in amongst them. These Churches, and some particular Persons in their Communion, were treated in different manner by the Pro­phets and Apostles: And though the Churches in general, or the Ruling part of them, have been severely reprehended, and threatned to be punished of God, (except they repented) for teaching or permitting such Corrupt Doctrines and Practices, yet such of their Communion, who kept themselves pure, have alwaies been distinguished from such as were Corrupt. For instance,

In the general Defection from the Purity of GOD's Worship, in the Reign of King Jero­boam, some good thing is noted to be in his Son.

What greater Corruption, and Persecution of God's Servants, than in the Reign of King Ahab? Yet even then Seven Thousand that had not bowed their Knee to Baal, though kept so obscure, as to any open Witness bearing to the true Worship of God, that the Prophet Elijah reckoned himself to be alone; and Obadiah the Governour of the King's House signalized for his fear of GOD, and secretly nourishing great numbers of his Prophets. The Last of the Prophets, (as he is placed in the Scripture Re­cords) before the Incarnation of Christ, re­proves the Priests, whose Lips should keep Knowledge for departing out of the way, cau­sing many to stumble at the Law, and cor­rupting the Covenant of Levi; Judah and Israel, for committing abominations; yet takes notice, that there were some who feared the Lord; and thought on His Name; for whom a Book of Remembrance was written, that there might be a future discerning by men, between the Righteous and the Wicked. In the daies of our Saviour upon Earth, the Doctors of the Law, Scribes and Pharisees, had made void the Commands of God by their Traditions, multi­plying outward Coremonies under a shew of Sanctity, and being inwardly unclean, and full of Hypocrisie. The Question is put among themselves, Which of the Rulers or Pharisees have believed on Him? Yet upon a Scrutiny we find Joseph an honourable Counsellor, Ni­codemus a Pharisee and Ruler, and many among the Chief Rulers, who believed on our Lord-Among the Seven Churches of Asia, mentioned in the Apocalyps, the Church of Thiatira is in go­neral commended for her Charity, Service, Faith, Patience, and Works. And the last to be more than the first; yet the Angel of that Church is reproved for suffering salse Doctrines and Forni­cations to be taught and committed amongst them. And such as did so, and all that com­mitted Adultery with them, are threatned by the Lord with great Tribulations, and Death, except they repent. But the rest of her Com­munion, who did not know the depths of Sa­tan, which others Taught, had none other burthen laid on them, but that which they had to hold fast till the Lord came. And when Mystery Babylon the Great, the Mother of Harlots, and Abominations of the Earth, is threatned with a sudden approaching, and utter destru­ction, there is mention of a Voice from Heaven, to God's People, saying, Come out of her my People, that ye be not partakers of her sins, and that ye receive not of her plagues.

If the state of the Seven Churches in Asia, when these Epistles were directed to them re­spectively, be compared one with the other, great difference will appear, as to their then present condition, for the better or the worse in the Accompt of God. But there is no inti­mation of any Power given to the best of these Churches, to Unchurch the worst, so long as the Lord by His long-suffering Dispensations of Providence would continue them in the state of a Christian Church, as to the outward form; much less may any private Person presume by his Censures to Unchurch any Christian Church, which was right in its first Constitution, because that some ordinances (which ought to be kept) are therein wanting; or that many Corrupti­ons (which ought to have been kept out) are crept in amongst them.

Nor do I esteem it any disadvantage to the Truth, that the same name which was once de­servedly given to a Church, because Right in its Constitution should be given also to such as continue in Succession, (though they vary in many points of Doctrines) whilst they retain the same Essential form of a Church: Nor that it includes any approbation of their Declension from the Truth, any more than the terming of Jerusalem the Holy City, did so, when they had made void the Law by their Traditions: And to all their other abominations had added a Con­spiracy [Page 18]with the Gentiles, to condemn and crucifie our Saviour. But on the contrary, it may be a ground for Reproof, and a means of Conviction also, That any Persons stile them­selves, or are stiled by others, to be of such a Church as, according to the Scripture-Records thereof, was originally right in its Doctrine and Constitution, if in any thing they deviate from the Truth there once profest.

But that which is evident to our present purpose from all these instances, is, That as on the one hand it is no excuse before GOD, for any Persons to follow the Doctrines, Com­mands, or Examples of his Rulers in the Church, or the Church in general, when they deviate in Doctrine or Practice from the waies of God. So on the other hand no such universal Censure of any Church visible, can be justified, which condemns every individual Member thereof, as guilty of the Crimes objected in general against the Society, without leaving any room for such of them as can, and are willing, to clear themselves from the Crimes objected. And if the Crimes objected against the generality of such as are in Communion with the Church of Rome, or any other Church or Sect of Christians be, that they teach or receive such Doctrines as are in­consistent with their Fidelity and Allegiance to their Civil Soveraigns. The Question to be considered, is, Whether it be not more Just and Equal, after the Example of King James the First, to use such methods (proper to the pre­sent season as he did formerly) as may discri­minate the Dutiful from the Disobedient in Civil things, rather than any other methods which tend to Condemn all, without distinction, for the faults of many? And if such a me­thod were introduced, and equal countenance given to all sorts of Christians, (as they may deserve it from their Superiours) in their Ci­vil Stations, leaving them to the liberty of a voluntary Choice, as to their Religion and re­ligious Communion, without any coertion of Conscience by Temporal Penalties, this would probably be the consequence: Ei­ther that they will all equally strive to merit the Favour of their Soveraign, by their True Service and Duty of Natural Allegiance, or He may at least the better discern which of them to put most confidence in, and towards which to use the greater Caution; as Expe­rience may manifest, That one sort or other of them are, by the Doctrines Taught amongst them, rendered more or less obsequious to His Lawful Commands.

From all these premises, although I have already in effect said, That I cannot find any such Law, which neither directly inflicts, nor consequentially subjects any Persons to Fines, or Punishments, for Conscience sake, which are under our present Circumstances in any respect effectual to serve the Reformed Reli­gion from the Attempts of Papists; yet it rests, That I give his Lordship all the satisfa­ction I can, why the Dissenters desire a new Law may be made, that may either repeal, or other­wise limit, or qualify the present Laws for Sacrament, Oaths, and Tests, in such manner, as neither themselves, nor any others may have any just Cause to complain of any injury done to them, in their Civil Rights for their Religions sake.

And I shall herein offer such things to be considered, as tend to demonstrate that what is desired on the Dissenters behalf, is not on­ly compatible with the true Fear of God; but that which every Protestant of the Church of England (who truly fears God, and admits this to be a true Doctrine, that no man may do Evil that Good may come of it) is also concerned as well for the sake of his Reli­gion, as for his Civil Interest to join with them in, so as that they may mutually agree to chuse such Members to serve in the next succeeding Parliament, as will (upon equal and just Terms of security to the common in­terest of Religion, and Civil Government) give their Consents to the Repeal or Alterations and Provisions desired.

First. For that those Laws which require the taking of the Sacrament-Oaths and Tests, are rendred ineffectual, and useless for the present season, and likely to continue so, du­ring this Generation, as to the keeping of any Dissenter, either Papist or Protestant, out of Employments, either Civil or Military: Daily experience manifests this; for in every place of Dignity, Power, or Trust, as in the KING's Houshold, among the Lords of the Treasury, in the principal Courts of Justice, and in Military Commands, Roman Catholicks are placed. And in the greatest Corporations, among the Aldermen, Sheriffs, and other Of­ficers, both Roman Catholicks, and Protestant Dissenters, by the King's Commission, with a Non Obstante to these Laws; so that Ro­man Catholicks, by their refusal to take the Sacrament, Oaths and Tests, neither keep themselves out, nor are kept out of any pub­lick [Page 19]imployments; as my Lord Fagell seems to suppose, as things stand at present. And his Lordship is too honoura­ble a Person, Pag. 5, 6. and too wise a Po­lititian to desire, or think, That the Refor­med Religion should; and will, be secured in the Age to come, by a multitude of Fines forfeited in the present Age, by such persons executing publick imployments, who are de­sign'd by a Statute-Law to be disabled; but in fact are not, when the King by His Pre­rogative, under His Great Seal, gives and grants them an Ability and Capacity, to act with a Non Obstante to these Statutes; and His Pardon in like manner to every one of them; as oft as they will ask for it.

Second. If the Protestant Dissenters that are put into publick Offices, should have the Pe­nalties hereafter levied upon them, they lose but what is saved to them by the King's Bounty and Clemency.

For if the Poenal Laws had not been sus­pended by the King's Prerogative, they would have been ruined by the Penalties and Impri­sonments, to which these Laws made them liable; and which were for a long time with severity put in Execution against the genera­lity of them: And though such of them as have read the publick Catechisms, and Litur­gies published by the Papists, if brought by process of Law before any Court of Justice; and required to declare, Whether they did believe the Doctrine of Transubstantiation, as it is therein taught, could with a safe Conscience have Answer'd on the Negative, yet that would not have excused many of them, who must have suffered the same Pe­nalties imposed for not taking the Sacrament; and it might well have been reckoned highly disingenious for such as have not been accu­stomed to take the Sacrament, as by Statute-Law is directed, voluntarily, and without any constraint, to have taken both Sacrament and Test, when their so doing, could have no other Construction, but to manifest thereby, That they distrusted the KING's Prero­gative, in preserving them from that Penalty. And in the mean while, to trust both their Liberties and Estates in their publick Assem­bling to Worship, and Worshiping against Statute-Laws, under no other shelter, but the Wing of Prerogative. But in regard the reviving the Execution of such Laws will cer­certainly ruine them; whether they be in, or out of publick imployments, no man can just­ly blame them, if in gratitude to His Maje­sty, and for their own security for the future, they endeavour by Repeal, or some other Le­gal Provision, to be delivered from them.

Third. The Dissenters have no reason to trust to any Promises that are made under the name of the Church of England, That they shall have Liberty of their Publick Wor­ship, if these Laws be not Repeal'd: For when any Revolution shall happen, no man can tell upon whom to affix these Promises, any more than those of the like Nature; which besides the Royal Declaration, were generally made under the same name, in or­der to that which succeeded, viz. His Late Majesties Peaceable Restauration; and even now, not long before His Present Majesties gracious Declaration, a Treatise was publish­ed, and is still mentioned in the Catalogue affixed to the end of such Books, as sell in great numbers; Intituled, The Vanity of all Pretensions to a Toleration, written by no mean Person, or Persons, as is evident by the Style and Method, in which it is written; so that if the Dissenters do not say it is the Doc­trine, but feel it is the Practise of the Church of England, to keep no such Promise with Schismaticks. All the Answer I can think of, will be, Either it was not the Church of Eng­land that made the Promises; or if they did, They see Cause not to perform it.

And so, for hereafter, if Persecution for Con­science be revived, it was not the Church of England that repented of that Persecution before, or as now at present: It was not the Church of England that persecuted, but such as the Late King made Judges and Justices: Therefore to avoid all future Dangers to the Dissenters on the one hand, and all Calumny and Equi­vocations under the Name of the Church of England on the other hand, so as to beget a right Understanding, and perfect Reconciling of the Church of England, and Protestant-Dissenters: The only visible way is to have such to represent them in Parliament, as will join in their humble supplications to the King: That the National Church by Law Establi­shed, with all its Rights, may be Confirmed by a New Law (removing Temporal Penalties for the Cause of Religion (which have been, and will be, the occasions of Discord) out of the way) on such Terms as are propos'd in His Majesties Declaration, and as may please the King in Parliament to grant it.

Fourth. For the same reason that His Lord­ship [Page 20]would rot have such Poenal Laws and Tests repealed, as tend to secure the Resormed Religion (and keep Roman Catholicks out of publick imployments, which they have not done, nor can do). It follows, where there are Laws and Tests, which tend to keep many Persons out of publick imployments, who are every other way qualified for it (and if they could be admitted, would by their Beha­viour, as well in their publick Stations, as by their general Conversation, not only secure, but greatly promote the Reformed Religion); that there should be a Repeal in part, or such other qualifying those Laws and Tests, as that such Persons may not for their Con­sciencious Non-conformity to such Circumstan­ces of Religion, as are thereby required, be excluded from publick Stations; and tho' their Highnesses Concessions be very large on behalf of such Persons, yet this may extend to such Laws, as his Lordship might not have in his Thoughts, when he writ his Letter, viz. one made in the Thirteenth, and another in the Fourteenth Year of the Reign of His Late Ma­jesty, King CHARLES the Second; the First, for Regnlating of Corporations, respec­ting Civil Offices; the Second, for Uniformity of publick Prayers, Administration of Sacra­ments, and other Rites and Ceremonies, rela­ting to the Clergy, Masters, and Fellows of Colleges, and School-Masters: By one of these Laws great Change of Hands was made in Ci­vil Imployments throughout all the Cities and Corporations in England; and by the other of them, at least 1500 Ministers were depri­ved of their Benefices; many of which, were sam'd abroad by their Works; and at home, for their profound Learning; and exemplary Piety.

And how much these Alterations and Depri­vations have tended to the Security of the Reformed Religion; and left any sort of men, out of a capacity to hurt it, such as have liv'd, and been of age and sobriety of Mind to dis­cern in what degree the Conversation of Mul­titudes have in Twenty five Years past, varied from what they were Twenty five Years before, are best able to give a true Relation.

Fifth, Because of that doleful experience which this Island has had, of the ill conse­quence of all sorts of Religious Laws and Tests, with Temporal Penalties annext; By which for these 50 years past, at divers Seasons each different party of Protestants al­ternately as they have had power in their hands, or countenance of Authority, have impos'd upon such as differ'd from them in forms of publick Worship, principally upon this point, to thrust and keep each other out of places of Trust, and publick Imployment, which has visibly and sensibly done more hurt to the Reformed Re­ligion, than all the attempts of their Adver­saries could otherwise have effected. This ma­nifestly calls upon them all to surcease from all such riged courses, which none of them can now either in Conscience or Prudence defend, and by a joynt concurrence to endeavour a re­moval of all such occasions of offence out of the way, that it may not be in the power of any, who wait for opportunities, under colour of Law, to set Protestants at variance amongst them­selves; that they may bite, devour, and be de­voured by one another; and let not any appre­hension, that such a course at this Season will let in Papist amongst them, into Civil or Mi­litary imployments, cause them to neglect the present opportunity; for seeing the continu­ance of these Religious Laws and Tests, with temporal Penalties annext; neither does, nor can keep them out: it is certainly more safe (if there were no natural equity or right in the case, and much more since there is so) to let them in under due cautions by a Sta­ted Law, than to tempt them to get all the power they can into their own hands by Ar­bitrary means, because they cannot be secur'd by Law in the enjoyment of Civil Priviledges, equally, and in common with others.

Sixth, Because of that necessity we are under, of making one more experiment, whether those of the Communion of the Church of England, Protestant Dissenters and Roman Catholicks, cannot live peaceably together, and maintain a good correspondence in places of publick trust and imployments, notwithstanding their different Sentiments in Religion. For his Majesty has actually min­gled and placed together some of each sort in many Commissions for publick trusts and imployments; And if it be so, as my Lord Fagell asserts, That plain Reason, as well as Experience, of all Ages, Pag. 6.That Present, as well as the Past, shews, That it will be impossible for Roman Catholicks and Protestants, when they are mixed together in places of trust, and publick imployments, to live toge­ther peaceably, or to maintain a good correspon­dence together, they will be certainly alwaies jea­lous one of another; for the principles, and maximes of both Religions are so opposite to one another, that [Page 21]in his opinion he does not see how it will be in the power of any Prince, or King whatsoever, to keep down those suspitions and animosities which will be apt to arise upon all occasions. This certainly calls for such a necessary and time­ly provision to be made by a new Law, for prevention of such Suspition and Animosi­ties, as cannot be expected from our pre­sent Religious poenal Laws and Tests. In order thereto, His Majesty by his gracious and prudent Conduct, in the Exercise of His Prerogative has laid the Foundation: And that it may be perpetuated, doubts not of the concurrence of His Two Hou­ses of Parliament, to establish and confirm it by a Law: And herein His Majesty proposes a Variation from the Laws and Customs of all such other States, as my Lord Fagell mentioned, who receive none into a share in the Government, or to pub­lick Imployments, but those who profess the publick and established Religion. It is not material to enquire how the experi­ence of all Ages has manifested that to be impossible, which no State would ever ad­mit to be tryed; but it is to our purpose to take notice, That where any considera­ble Party of Men, have been born hard upon by the Laws and Government in their Civil Rights for their Religions sake; their uneasiness therein, has inclined them to lay hold of any occasion to free themselves from such Pressures; and as they appre­hended it did arise from the Religious Prin­ciples of such as opprest them; so they have fallen in, which such others, as by their profest Religious Principles offered them ease; thus promoting Civil Contentions, under a shew of regard to Religion to the mutual Injury of each other conten­ding Party, beyond what the matter requi­red, or can be justified by any Principles, or Maxims of the Christian Religion: It is therefore much more plain Reason, since we are providentially put upon this new Experiment, which we cannot avoid, that our Statute-Laws be so formed, as may best Answer the natural and present Con­stitution of our Civil Government, which is necessary to be done, and may be done with Justice, Prudence and Safety, because we cannot shape the present Constitution of our Civil Government, to the present form of all our Statute Laws, for to attempt the reducing of any Civil Government, or Po­litick Body in being, who have power in their hands, and a Legal Right to order things necessary for their Ease and Safety, to such a scantling as to shape and square their Actions by such former Satute-Laws, and Methods, as agree not with their pre­sent Constitution, is altogether as irratio­nal, as to attempt the clipping and paring the Limbs of any Natural Body, to the proportion of an old-fashioned strait Gar­ment, which he has over-grown, rather than to shape him a new Garment pro­portioned to his natural Growth.

Seventh. One grand promoter of those Discords, which for Fifty Years past, have at several times happened in His Majesties Kingdom of Great Britain, has manifestly been Coercion of Conscience, incapaci­tating many for publick Trusts and Imploy­ments, and inflicting of Temporal Penalties for Non-conformity to such Forms of Wor­ship, and Religious Tests, as have been by Statute Laws and Ordinances, imposed upon such as dissented from the National, Established Worship; sometimes of one sort, other times of another, or upon all sorts of Dissenters together. If any Cha­stisements, or Experience would teach us, we have had sufficient of this sort of In­struction, to make us so wary for the future, as not to run the hazard of any extream Revolutions, but rather to imbrace the present Occasion offered, for rooting out all Inclinations to Civil Dissentions, for different Apprehensions in the Mysteri­ous Doctrines of Christian Religion.

For though it be granted, That Reli­gion ever was, and alwayes ought to be esteemed the chief interest of every Person; and that a chief part of the Civil Sove­raigns and Magistrates Work, is to guard, defend, and provide for it, so as that no Person, who is sober, honest, and just in his Life and Conversation; and acknow­ledges the Worship of GOD, according to his Conscience, and measure of his Un­derstanding, should be subjected to any tem­poral Loss or Penalties, for the sake of his Re­ligion: And though it be also acknowledged [Page 22]as a great Blessing to any Nation, which hath such Rulers, as will countenance, en­courage, and provide for such as are godly, and able to instruct others, in such Doc­trines, as are according to Godliness.

Yet it is withal to be considered, that Natural Religion, or Christian Religion, (which is superadded to natural Religion that we may be thereby instructed in, and better qualified for the discharge of our duty, whether in a Publick or Private Capacity towards God and all men) nei­ther creates nor dissolves any Title to an Earthly Possession, nor any Natural or Ci­vil Order, wherein one Person stands re­lated to another, but leaves every man to use and enjoy all that properly appertains to him on a Natural or Civil Account, in that respective Station, either of Rule or Subjection, wherein, by the providence of God, he is born or placed, and continued in the World.

No person is, Husband or Wife, Parent or Child, Master or Servant, Magistrate or Subject, Landlord or Tenant, in vertue of his Religion; nor can any person in a pri­vate capacity invent a plea under any spe­cious pretence of conscience to God, (be the Religion he professes true or false) to justify his trespassing, or breaking in up­on the natural or civil Rights of another, because he differs from him in his Religi­ous Opinions, or manner of Worshiping God; but every such sort of pleading, would appear to the common sense and reason of mankind, upon the first view, to be an in­trusion, both upon the soveraignty of God; and all Civil and Religious Order, and to have no other tendency, but to turn all things into consusion.

Natural and Civil Government are of Divine Ordination; and so is also Religion; but each of these are distinct from the o­ther, in their foundation, continuance, and use. They are both so ordained of God, that they may, and ought to subsist together, and both thrive best when they retain them­selves within their distinct Sphears and Or­der, without incroaching one upon the o­ther, only with this difference, that natural and civil Government may be preserved where all other parts of Religion, except what relates to natural and civil Order is rejected; but Christian Religion cannot be preserved in any Society or Family, where Natural and Civil Government is destroyed; for the preservation of Natural and Civil Order, is of the Essence of Christian Religion.

And whatever may be pretended under colour of Religion, so far as it has any ten­dency, to disturb the Order of Nature, it is Vain and Irreligious.

Both these being of Divine Ordination: By the former, we are obliged to be sub­ject to such Laws and Rules, as are pro­per and necessary to the Support, Safety, and Ornament of Natural and Civil Govern­ment; for without such Rule and Subjecti­on, no Family, or Civil. Society, whether they be Religious, Irreligious, or mixt, can subsist: By the latter, That Soveraignty, which GOD has originally, and alwaies reserved to himself, in, and over every Soul that is Born into the World, in reference to the acknowledgment and worship of him­self (according to the dictates of Natural Conscience; and that measure of the un­derstanding of the Divine Will, which he has Revealed, and in various measures given to every Soul) is preserved, and thereby Re­ligion is propagated in Individuals.

Every particular Believer is a Member of that Mystical Body whereof the Lord Christ is the Head, and owes an impartial Subje­ction to all his Lord's Institutions, respecting either his private Devotions or publick As­semblings. But such may be the circumstan­ces of a Man's Lise, or state of his Consci­ence, as that he may not have an oppor­tunity, or good ground, to Justifie his join­ing himself to any Publick Assemblies. In this Case I leave it to every one to an­swer it to God, and to such as may have an authority over him in the Church of GOD; it not being my purpose to intermeddle in these things, any otherwise than as I conceive they relate to Civil Go­vernment.

Civil Societies cannot be supported with­out a concord and mutual aid, either in a Politick or Martial Station. And in this re­spect each Person is accountable for his re­spective Charge, to his next Superiour in degree; and all to Him or Them in a poli­tick [Page 23]Capacity or legal Constitution, who are Supream; for a Kingdom divided against is self cannot stand.

The Soveraignty of GOD, in matters of Religion, over All; and the Rule and Sove­raignty of One, or more, over others, in things of a Natural or Civil Relation, being both of God's ordination, (though distinct in their respective Foundations) the one in Grace, the other in Nature. Yet,

No Case can be reasonably supposed to set them at any such variance, one against the other, as that they cannot by the Rules of Justice be reconciled; for he that has or­dained them both, is the God of Order, and hath likewise appointed suitable means, that both of them may concurr with, and assist each other. Natural and Civil Go­vernment, Religion, by Countenance, Main­tenance, and Protection; Religion Natural, and Civil Government by instruction; and so each of them may accomplish their respective ends, for which they are ordained of GOD.

And if this be granted, it will necessari­ly follow, That all those Discords which are raised between them, are occasioned by such humane Usurpations upon one, or the other of them, as are not according to God's Ordination. And of such Usurpations of Natural, Civil, and Ecclesiastical Rulers, over the Consciences of their respective In­feriours; and of Ecclesiastical Rulers over the Consciences, and Civil Rights also, of their Superiours in a Civil Relation, all sorts of men have too often, and too long felt the sad, experience. Blessed of GOD may he be, who in this respect proposes himself to be a Peace-maker, and to settle each Interest upon its proper Foundation. For Natural, Civil, and Ecclesiastical Rulers, by the Ordination of GOD, are not a Ter­rour to any good Work, but are, and ought to be so, to all that is evil, else their power would be given them in vain.

But the Exercise of the Power of Na­tural and Civil Rulers, in respect to acti­ons of a Civil and Moral Nature, are of one sort, and that of Ecclesiasticks of ano­ther. And (as before) each of these do best in their distinct kinds, when they keep a due Decorum within their respective hounds.

No Natural or Civil Superiour can just­ly pretend to an Authority from GOD, to keep the Christian Religion out of his Fa­mily, City, or Kingdom; for if that were so, the Master or Ruler, who is himself Irreligious, Idolatrous, or Prophane, might abridge all that are of his Family, or Subjects, of the means of their Conver­sion and Salvation. The Parent or Master may, and ought to instruct their Children and Servants in the Knowledge, Religious Fear, and Worship of GOD. And if any Child or Childish Servant (who with re­spect to his Age, and exercise of his Con­science and Understanding, is not sui Juris) refuse to read any Divine Author, or to learn or repeat by Memory such Lessons, or to attend upon any Religious Exercise, which the Father or Master appoints: Such refusal requires a due Correction; for in such a Child or Servant (who un­derstands not how to distinguish between a Religious and Moral Act, nor what it is to Worship GOD in Spirit and in Truth) it is an Immoral Disobedience, and Breach upon the Natural and Civil Rule of the Parent or Master, as much as if they had refused any necessary Labour; but when such a Child or Servant arrives to such an Understanding, as to chuse, or refuse any Article or Act of Religion, as it agrees with, or is against his Conscience and Knowledge of the Will of GOD, and manner of his Worship, in such a Case he ought not to be coerced by any Temporal or Corporal Penalties, either by Parent or Master, to act against his Conscience.

Civil Laws respecting such actions as purely relate to the Christian Religion, if they be only Declaratory of what GOD commands or forbids, in reference to His Worship, may be greatly Instrumental to promote true Piety, if no Temporal Penal­ties be annext, nor Civil Rights thereby invaded.

Temporal Penalties are proper Remedies to Correct the Disturbers of Civil Order; Ecclesiastical Censures are a like proper Re­medy to purge a Spiritual Communion from Errours and Heresies, if no Writ, de Ex­communicato Capiendo, attend upon such Cen­sures.

But as no Natural or Civil Rulers may compell any Person (who is of years of Discretion to judge of his own Religious Actions, and therein with Faith and Under­standing to commit his Cause to GOD) by Temporal Penalties, to profess or per­form any Mysterious Doctrine or Worship, purely relating to the Christian Religion, or to be of any Spiritual Communion: So neither may any Spiritual Congregation in­force their Censures any farther, than to expell a disorderly Person out of their Com­munion.

No man may be driven against his Un­derstanding and Conscience, to go out of his Worldly State into a Church. Nor may any man, who is expell'd out of a Church, be driven any farther than out of his Spiritual Communion, back again into his Worldly Estate.

An Excommunicate Husband, Parent, or Master, does not by his Spiritual Faults for­feit his Natural or Civil Rule over his Wife, Children, or Servants; though the one be retain'd in their Spiritual Communion, and the other cast out, yet the Communicants ought to discharge their Natural and Civil Duties of Obedience to the Person Excom­municate; for no Natural or Civil Bonds are disunited meerly by a Disunion in Spi­ritual Communion.

This being a matter of voluntary choice, both as to his entrance into, and continu­ance in such a Communion so long, and no longer, than he approves the Terms, and observes the Rules of a Spiritual Nature, which are proper and requisite for his Com­munion. The other is fixt by such natural and civil Obligations, as are not submitted to his Choice at any time, until the set-terms on which he stands so related, are by the like natural or civil discharges fully accom­plish'd or determined. And if these things consist with Christian Religion, as it respects Spiritual Communion, and Domestick Rela­tions, much more ought they to be regar­ded, in reserence to Subjects Civil Relation to their Soveraign Prince: For in the par­ticular Case they only respect the mainte­uance of a natural or civil Peace and Concord, in a Domestick State, for a season. Wherein the Publick is no otherwise con­cerned, than to correct (not spiritual, but) unnatural and uncivil Disorders, if any such happen. But in the general Case, the Ob­ligation of the Subject to the Civil Obe­dience of his Soveraign, is of an Universal Influence, and perpetual Continuance in Succession, whether they be, or continue to be of the same, or different Opinions of Religion: Whence no man in particular can discharge himself till Death puts an Issue to the Obligation.

Every open Immoral Act, Undutiful Be­haviour of any Person, towards such as are his Superiours in a Natural or Civil Rela­tion, Injurious Dealing with his Neighbour, and whatever other Crimes are openly committed against the Light of Nature, and common Reason of Mankind, fall natu­rally and necessarily under the Civil Gover­nour's Cognizance and Jurisdiction, to be corrected with Temporal Penalties, as may be most conducing to the Security, Peace, and Welfare of the Civil Government, being the immediate, Concern thereof. And all such things as respect meerly the Natural and Civil Rights of Men, are to be moderated and judged by such as have the Government and Judgment of them, in right of their Natural or Civil Stations; and if wrong Judgment proceed in any particular Case, yet it may be submitted to A Priviledge, which might be insisted on, may be waved. A precept obeyed, without any offence to GOD; for Religion is no otherwise concerned in Things of this Kind, than as it obliges to give due obedience to the Higher Pow­ers, and teaches to exercise self denyal; so that a quiet Submission, to an unequal De­cree, may be not only without Sin; but well pleasing to God; but in reference to Acts of Divine Worship, especially, such as relate to the Doctrine and Duties of Chri­stian Religion; they are to be performed in Faith, and according to that measure of Faith and Knowledge, which every Person, who performs any such part of Worship, hath attained of the revealed Will of the Invisi­ble GOD, who is the Object of such Faith and Worship.

In this respect the Divine Rule, which is our Guide in Religion, directs us to walk by it, Phil. 3. according to our present Attain­ments, till we arrive at a further degree of Faith and Knowledge.

Opinions in Religion are subject to vary in one and the same Person, as he by his own search and instruction from others is convinced of any Truth which he before conceived to be an Error, or of any Error which he before embraced as a Truth: And in this respect no Human Law, e­stablishing a stated perpetual form of Religious Worship (which doth neither directly, nor of due consequence relate to the Civil Rights of Soveraign or Subject, or to the general or invari­able Laws of Nature) can be the adequate Rule of every Mans Faith or Religious Worship in a whole Nation, because, tho it should command what is lawful in it self, yet if it be not appre­hended to be so in the Mind and Conscience of him who is required to Obey, it cannot be by him performed in Faith, without which its im­possible therein to please God: And if any Re­ligious Act, either for matter or manner, be for­bidden by a Human Law (and not forbidden by the Law of God, or common Reason of Man­kind, respecting either Divine Worship or neces­sary Human Policies) which is apprehended by a particular Subject to be commanded of God; if he forbear to do it, because of such a human Pro­hibition, that can be no excuse for him before God.

And as it is with him who is to Obey, so is it also with respect to the Legislators who make those Religious Laws: The Divine Laws which respect the essential parts of the Worship of God are in themselves invariable, and not to be chang­ed by any human Authority; but when any Per­sons who have the Soveraign Power make any Laws respecting Religion, its presumed they are made according to the present measure of the Legislators understanding of the Will of God therein. And if we look back to what hath happened in this kind among our selves in former as well as in this last Age, we may find that the Mutations herein made by Statute Laws and Ordinances, has demonstrated a change in the Minds of our Legislators: every succeeding Va­riation carrying in it self an evidence of an Er­ror or Defect apprehended in the former Esta­blishment.

The Rules relating to Christian Worship, which are given in the Scriptures are Constant and Permanent, always one and same, and di­vers of these do not only admit and approve of great variety in several matters relating to the Worship of God, but forbid the Rulers of the Church, or any Church in general to impose an Uniformity upon the individual Members of their Communion. In the Church at Rome, (Re mans 14.) such as were Strong might dispute a­mong themselves doubtful or mysterious Foints in matters of Religion; but such as were Weak were not to be summoned to, or determined by the Resolutions of the Strong; One that was weak in Faith would eat Hearbs, and drink no Wine, another that was strong believed he might eat all things and drink Wine; each of these are left to their Liberty, and forbid to impose their Latitude or Scruples one upon another; one Man esteemed one Day above another, and regarded it to the Lord; another Man esteemed every Day alike, and did not regard it to the Lord. And the Rule in their Case is plain and positive, every Man was to be a Rule to himself, to do therein or forbear as he was perswaded in his own Mind, for whatsoever is not of Faith is Sin: They were all forbid to judge one another, and every Man herein left to give an account of himself to God, and not to Judge, set at Nought, or give an Offence to his Brother.

In the Church at Corinth (1 Cor. 14.) a La­titude was allowed to the respective Members to Preach and Pray in different Languages and Forms, so as they were each of them performed with the Spirit and Understanding, and (by In­terpretation to the Unlearned) all to Edification. The Church were not to forbid any of their Members speaking with Tongues, but to see to it that all things might be done to Edifying, De­cently and in Order.

The Apostles Advice was in some Cases To ab­stain from Marriage, but not to forbid Marrying. And his general Behaviour among and towards the Jews in observing some Rites in esteem with them in one manner among the Gentiles in ano­ther manner quite different, becoming all things to all Men that he might gain some; To them that were under the Law, as being under the Law himself; To them that were without the Law, as being himself without the Law. And yet in all this variety of his Behaviour in Religious Matters, and Religious Societies, and Conversation, not without a Law to God, but under a Law to Christ. So that if any Church by its Cannons tye all the Members thereof under pain of Cen­sures [Page 26]to such an Unlformity in Worship, as tends to abridg any individual Members thereof, that Liberty which is granted by the Apostle in any of these Particulars they therein vary from the invariable Rules of our Lord; and if the Churches or Ecclesiastical Rulers within them­selves might not impose any such terms of Com­munion as might destroy this Liberty, nor bring any of their Members under any Ecclesiastical Censures or Judgments for taking a liberty to Dissent from the rest, in not observing a Day to the Lord, when others would do it, or for Wor­shipping in other Manner and Form then the ge­nerality of the Church would do, (so as the Church were not thereby interrupted in their publick Worship) Certainly, by a Parity of Reason, this Christian Liberty should not be in­fringed by any Human Laws inflicting temporal Penalties for Non-conformity to the Days and Modes of Worship prescribed by such Laws, when it is evident such Human Laws have been in process of time, and may be again (from the Rea­sons before expressed) subject to such Mutations, as to inflict Penalties for doing that at one time, as if it were in its self a Crime, which at ano­ther time they command, under the like Penalty, to be done, as if it were a positive and indispen­sable Duty; And the removing of all temporal Penalties and Incapacities from such Religious Laws and Tests seems to be so much the more reasonable, because it has always been and is granted on all Hands, That the Natural and Ci­vil Rights of a Supream Governour are neither more or less, whether his Conscience or Religi­on agree with or differ from the Religion Esta­blished by Statute Laws within his Dominions, and the same reason may hold, that such of his Subjects also, as differ from the Established Reli­gion, may notwithstanding their different Sen­timents therein, be upon an equal Foot with the rest of their fellow Subjects, as to the enjoy­ment of any Civil Rights or Priviledges; espe­cially considering that it is not essentially neces­sary to, nor under the immediate care or concern of the Civil Government, that all their Subjects should be compelled by any temporal Penalties or Disabilities to be of one and the same Religion, and that by other Cautions a of Civil, and not of a Religious Nature, the Peace and Security of the Civil Government may be sufficiently provided for.

IX. The contemplation of that series of Di­vine Providence, which has of late Years been manifested amongst us, administers some ground for caution. That we do not irregularly resist the effects of it, nor fret under it, so as to transgress the general Laws of Government, by adhering too much to the Letter of some Sta­tute Laws, which agree not very well with the present state of it, and may admit of an altera­tion without the breach of any Divine Law, if a Liberty for every Mans exercise of his Religi­on, according to the Dictates of his Conscience, (guided by common Reason, and the measure of his Understanding of the Will of God therein) with Security to his Natural and Civil Rights, be of more value in its self, then an Uniformity in any Mode of Worship, which is not of choice or voluntary, but constrained by temporal Penal­ties; Then what the King desires herein ought to be complyed with for its own sake: And if too much insisting on an outward Form of Godliness, under colour of Law, or exercise of Power, e­ven to the prophaning of the Sacred Mysteries to so mean a use, as not only to keep, or turn Men out of civil Imployments, but to make them sub­scribe to the granting or denying a License to sell Ale, & so little regarding the Power of Godliness, may be a just cause from above to make us fear o­ther Exercises then we have yet felt; it is high time for us to seek after some other means to preserve our Religion and Civil Rights, then by continu­ing such Laws in Force, as have given occasion, or have been made use of to countenance such a­buse of the Sacred Mysteries; And whatever our Fears may justly suggest, as to future Events, it seems to be much more justifiable and prudent to subscribe to, and also improve the present Occur­rences of Providence, by all such means as are agreeable with our present Duty to God and the King, and equal right-doing to all Men, and thereby to seek and secure the peaceable and fre-exercise and enjoyment of our Religious and Ci­vil Rights in such Methods as are proposed by his Majesty for this present Age (leaving the Events in Ages to come, to the issues of the same Divine Providence which has brought us to the state we are now under) then by resisting the present Occurrences thereof, and contending to maintain a particular Interest, to the prejudice of man o­thers who are not wrapt up therein, (under colour of some present Laws not agreeing with the pre­sent state of our Government) to hazard all our Settlement during this Age, upon a presumption we may in the Generation to come obtain a better [Page 27]Settlement, which presumed better Settlement is so only in esteem with relation to such Interests as may be therein comprehended exclusive of many, and we know not, nor have any certainty how many or what Interests shall be comprehen­ded therein, or excluded thereout. For such as acknowledg the Divine Providence, in bringing about the Changes in Government which have already hapned, and are visible amongst us, will be safe and quiet (at least in their Consciences) in doing that which is indisputably lawful in its self, if not a present indispensable Duty, and trusting to the same Providence, as to future E­vents, whatever may happen. Then any can be who shall be Instrumental to hinder our present Settlement in opposing such a Course as is lawful in its self, and contending in such a manner as is manifestly inexpedient for the present Season, (and very disputable at the least, whether it be consistent with our present Duty to God, and to our Soveraign) in case the immediate Consequen­ces, or future Occurrences of such an opposition should prove otherwise then they expect or desire.

X. Another Consideration arises from the termes of the last Test and tendency of the Law by which it is Established. The Law is perpetual, and reaches not only to the then present King and Queen, but to their Royal Successors Kings or Queens of England. And if any Subject (to per­petuity) who should at any time afterwards be convict of Popish Recusancy come advisedly into, or remain in the Presence of the King or Queens Ma­jesty, or into the Court or House where they or any of them Reside, he shall incur and suffer all the Pains, Penalties, Forfeitures and Disabilities in that Act mentioned or contained, unless every Person so Convict do respectively in the next Term after such his coming or remaining take the Oaths, and make and subscribe the Declara­tion prescribed in his Majesties High-Court of Chancery: And if any Peer, or Member of the House of Peers, or Member of the House of Commons, shall presume to do any thing contrary to that Act, he shall be thenceforth deemed and adjudged a Popish Recusant, convict to all intents and purposes whatsoever, And shall Forfeit and Suffer as a Popish Recusant convict: This last Clause is somewhat unusal, for it might have sufficed if a Protestant Peer or Member presumed to do any thing contrary to that Act, that he should suffer like Penalties as a Popish Recusant, without being deemed or judged a Popish Recu­sant Convict, for that lays him under many more Penalties, besides those innumerated in that Act; but that which relates to the Queens Majesty for the time being, is more observable in reference to Her Servants and Attendants; for the Proviso which was proper for the then present Queen, who is now the Queen Dowager, that nothing in the Act should relate to any Person being a natural born Subject of the King of Portugal, who should then or afterward be a Sworn Servant to the Queens Majesty, not exceeding at any one time Nine in Number, is not so proper to Her Royal Successor, Her present Majesty, nor will be to any other succeeding Queen, if a Native of England, or of any other Kingdom except Portugal, to whom this Act equally extends, who is not there­by permitted to have any one Man Servant or Officer to attend Her Royal Person, except he be a Portuguize by Birth, without being liable for such his Service, to all the Penalties of this Act, if he perform not all the Conditions there­of.

It may be also observed, that the Test relates to the then present use in the Church of Rome, and the Test being a solemn Attestation in the presence of God, of the Attestants Belief con­cerning the matters to be testified and declared requires in the nature of it some what more then a general Report or Tradition, how the usage then was in the Church of Rome. And it is not impossible to conceive that a Hundred Years hence, or at some Season or other, within less then that time, the usage in the Church of Rome may be very different from what they were then, as to the matters declared in the Test, to be Super­stitious and Idolatrous: Neither can it be so well comprehended as it should be in a solemn Decla­ration of an Article of a Christians Belief in the presence of God, what may be intended by the usage in the Church of Rome, whether universal­ly of every Member who is in Communion with the Church of Rome, (for it cannot be supposed to be strictly tyed to the Church in the City of Rome) or to the generality of that Communion, wherein many Persons may be comprehended, who will not altogether decline or separate their Communion from the Church of Rome, tho' they do not Believe or Practice all these things as they are decreed in the Councils of that Church, and may be ready to say, That tho' they adore Saints in other manner then the Protestants do, yet they believe with the Protestants, that Divine Adoration [Page 28]is due only to God. When in Discourse with a Roman Catholick, of great Knowledg, in the Controversal Points of their Religion, I alledged the Superstition and Inefficacy of their Praying to Saints, in regard they were neither Omnipre­sent to hear all Prayers, nor Omniscient to dis­cern between the Sincerity and Hypocrisie of any that Pray'd to them. He gave me no satisfacto­ry Answer, but returned upon me an Objection, That those of the Communion of the Church of England prescribed something that lookt like it, in their daily Devotions, when they exhorted or called upon the Souls and Spirits of just Men made Per­fect, and Ananias, Azarias and Misael in particular to praise the Lord. To which I could not make him any satisfactory Reply, without granting more upon the first Point than I thought was consonant to the Scriptures, which I take to be the Directory of the Christian Religion. I write not this in any Case as pleading in excuse, or gi­ving countenance to any Superstitious or Idola­trous Practice, but to shew how abstruce some terms in the Test are to be precisely Interpreted and rightly understood, and that because by how much the less perfectly any solemn Oath or At­testation is understood by such as take it, by so much of less weight it will be upon the Consci­ence to observe it; and if in process of time such a Law, being perpetual, may become very impro­per in the general scope of it, and in some re­spects is so now. The sooner it comes to be ex­plained, altered or wholly laid aside, so much the better; and if it be well weighed how this Law, and the Law for the first Test also intren­ches upon several Points of Royal Prerogative, which in other Cases, both as to Laws of a Religious and of a Civil Nature, has been here­tofore rendred as a reason and just ground of their repeal. and how these Laws have and do subject many Persons to temporal Penalties and Disabilities as to the enjoyment of Civil Rights for their Conscientious Dissent in Religious Opinions from the Church of England. It may appear very just and reasonable, that these Laws should be again considered in the next succeed­ing Parliament, and either Repealed, or other­wise so explained and altered, That the Sovereign Prerogative, and the Subjects Civil Rights, may be better provided for then they are by these Laws as they now remain.

XI. If together with the Repeal desired, the substance of the Kings Declaration be entirely and in the same Law of Repeal enacted, which in the first place is to maintain the Arch-Bishops, Bishops, Clergy, and all other his Subjects of the Church of England in the free exercise of their Re­ligion, as by Law Established, and in the quiet and full enjoyment of all their Possessions. All such grand subversions of the present order of things Eccle­siastical, and general change of Hands in things of a Civil Nature, as have heretofore happened. upon the Successive Soveraigns differing from the Religion Established in the Raign of his Prede­cessors, may not only for the Present, but in all future Ages also be avoided; and the Mutations which in any gradual course are likely to ensue such a Repeal, and provision at the same time made either in Civil or Religious Concerns, will in all probability be less Perceptible, and less In­convenient, during this Generation then ever has been experimented in the like Case, or can otherwise be reasonably expected upon such a change in the Government as has now hapned, especially if the Severities for the cause of Religi­on, which have been for many Years exercised, and the inconsistency of these Test Laws, made in the Reign of a Protestant King, as to Attendances on the Person of the Soveraign, and the Qualifi­cations required as to all Civil and Military Offices upon the Succession of a King of the Roman Catholick Religion to the Throne, be well considered.

XII. A Repeal of such Penal Laws and Tests, as are before mentioned, may, if his Majesty please to give his Royal Assent, be recompenced by other Provisions properly necessary to prevent future Mutations. In Establishing Corporations upon a more sixt Foundation then they stand at present, by a previous Test, of a civil Nature, to be taken by all Persons therein, and in all other Places and Counties who are otherwise qualified to Elect, before they give their Votes in any Election. By Clauses in the Indentures, before the Elected be returned, and by every Person who shall be Elected to serve in Parliament, or put into any Office or Place of Trust or Power, in framing Commissions for the exercise of Judi­catures, and many other things of like Nature which the Wisdom of a Parliament may readily suggest.

For a Close, by reflecting upon the two main Points before mentioned, the one claimed by his Majesty as inseperably annext to, and inherent in his Royal Person by the Law of Nature, [Page 29]TO HAVE THE BENEFIT OF THE SERVICE OF ALL HIS LOVING SUBJECTS. The other granted by their Highnesses, THAT NO CHRISTIAN OUGHT TO BE ILL USED, BECAUSE HE DIF­FERS FROM THE PULICK AND ESTABLISHED RELIGION. There is one thing more occurs which I shall offer to consideration, which seems to me, taken singly (if there were no more to be alledged in this case) a good reason why these Penal Laws, which require the taking of the Sacrament Oaths and Tests, should be either in express terms re­pealed, or (which is tantamount) by some new Law, so explained and limitted as that the Penalties and Disabilites may not be inevitable, but some way or other (by and consistent with the dis­charge of a good Conscience towards God and the King) be avoided. For as the case now stands, His Majesty being pleased to Nominate, Authorize and Appoint many Persons who are Dissenters from the Established Religion, (and in that regard cannot with a good Conscience take Sacraments, Oaths and Tests in the manner they are enjoyned) to execute several publick Offices, and some such Persons may also be Called or E­lected to serve in Parliament. If any of them do refuse to serve in any of these publick Offices or Places of Trust, they are by our Laws liable to be very ill used by Fines and Imprisonments, and that justly too (as is presumed) because they refuse to Execute such Offices and Places of Trust, as are not only Lawful but Necessary, and must be Executed by them or some others: No Man can by our present Laws excuse himself (when he is not legally priviledged or exempted) from any Service to which he is lawfully called by his own Default, that is by his not qualifying himself according to the Directions of Law for the Execution of those Places, and if he do ac­cept and serve in those Places, without such a Qualfication (to which he cannot in Conscience submit) he is obnoxious to as ill usage for Serving and Acting in those Offices and Places of Trust as if he refused, so that until the Law be other­wise declared, or some suiteable Provision in this case made by some other Law. Such as are most consciencious and desirous to discharge that respective Duty which they ow to God, their King, and their Country, in our present Circumstances are more liable then any others to be very ill used; and if this be well considered, that the King who has the sole Nomination and Power to Au­thorize such Persons as he pleases to serve in places of highest Judicature and Trust: And Electors, if they may have their free Choice, as by Law they ought to have, will probably, in many places, chuse such as are Dissenters to serve in Parliament, when his Majesty shall please to send out his Writs for that purpose. It ought to be shewn, That as the Laws now are, the King has no Power to Appoint or Command, and the Electors no Power to chuse such Persons to serve in Offices or Places of Trust, or otherwise, it is requisit that these present Laws be Repealed, or so far altered and limitted that such as are Dissen­ters may be secured in their Consciences, Civil Liberties and Properties either for serving with­out taking the Sacrament Oaths and Tests, or for refusing to serve because they cannot take them; and whosoever shall well weigh the apparent Inconveniences and ill Consequences that are likely to follow on the one Hand, by any Person being permitted to excuse himself from a hazar­dous or chargeable Office or Place of Trust, upon pretence of Conscience, and the difficulty of contriving any such Law as shall limit the Kings Prerogative and the Subjects Election, so as that the King shall not command any of his Subjects to attend his Person, serve in Parliament, or execute any publick Office or Imployment Ci­vil or Military, but such only as voluntarily have or will take the Sacrament, Oaths and Tests, and so as the Penalty incurred shall fall upon the Persons who Elect any Man to serve in Parlia­ment, or to any such Office, in case the Person Elected will not Voluntary take them in manner as by Law prescribed. And if it be consider'd on the other Hand how justifiable and equal it is, and how we may be by other ways secured against all Hazards, if these Penal Laws and Tests be Re­pealed. It may appear more easie and safe to Repeal these Laws and Tests, then to contrive any New Law consistent with the continuance of those Laws in force, which shall be effectual to remedy the aforementioned and now unavoid­able Inconveniences.

What his Lordship says, pag. 4, 5. That there is a great difference to be observed in the Con­duct of those of the Reformed Religion, where they have the Government, towards Roman Ca­tholick's, and of the Conduct of the Roman Ca­tholick's where they have the Government, to­wards such as are of the Reformed Religion, con­not be denyed, and this may be a caution why no [Page 30] Protestant Governors, of a Protestant Nation should voluntarily invite any Roman Catholick's to take a share with them in their Government who cannot claim any right in it, but this does not reach our Case at all. We are providentially brought under the Government of a Sovereign Prince who is of the Roman Catholick Religion, And he hath many Subjects, of the same Religi­on, who by the Laws of Nature claim according to their Quality and Numbers, an equal share with others in the enjoyment of Civil Rights and Priviledges; and under our present Circum­stances, it is equally as unjust & unsafe to press for the execution of such Penal Laws against them for their Religions sake, as it would be to press for the observance of Rules made in a common Case, when we fall under such Emergenies as require the supersion of them. Besides as we have a Prince of the Roman Catholick Religion, so we have also a Soveraign who in this respect differs from and excels all others of that Religi­on; in that His desires are to settle all things on such a Foundation, as may be a lasting security to all his Subjects, so far as Soveraign Power, the wisdom of a Parliament, subjects consent, and common interest of the whole can provide; that none of them may suffer any dammage in their civil Rights, for the sake of their Re­ligion, and that all civil Interests, notwithstand­ing their different opinions in Religion, may be united in the common defence and Security of his Majesties, Kingdoms; a thing most desirable in its self, and most conducible to the Safety, Wel­fare and Honour of the Nation, Other Neigh­bouring Kings and States may well be jealous of, and underhand indeavour what they can to pre­vent such a Settlement but in contemplation that their Highnesses are in a possibility of suceed­ing in the Throne, I see no reason why it should not be esteemed their Interest to promote the settlement of his Majesties Three Kingdomes on suth a Foundation of Peace and Union as is de­signed by his Royal and Gracious Declara­tion.

And if none of these things which I have written can prevail with his Lordship, to move their Highnesses to give their Consent and Assistance upon such due terms of caution, as are offered by his Majesty to the repeal of these Penal Laws and Tests, which stand in the way of such a peaceable and lasting Settlement, as is proposed and desired, yet I hope it may prevail with him so to represent to their Highnesses such of the Dissenters as in their respective Stations, indea­vour the accomplishment thereof, as that their Highnesses may not be offended thereat, Because what they have done and shall do herein. IS OUT OF GRATITUDE AND DU­TY TO HIS MAJESTY, OBEDI­ENCE TO THE GENERAL LAWS BOTH OF NATURAL AND RE­VEALED RELIGION, AND LOVE TO THE PRINCIPLES AND PROSPERITY OF THE REFORM­ED RELIGION. Which forbids every Man to do that to another, which he would not have done to himself, and commands every Man to do his pre­sent duty to God in the first place, and to his present Soveraign in the next place; leaving the success and future events of their so doing to the Wise and Gracious disposal of God, who judgeth a­mongst the Gods, sitteth upon the Floods as King for ever, does Rule, and Will over-Rule all things as for his own Glory, so also for the good of them that sear him, and knows how to deli­ver the Godly out of Tamptations: Into whose Hands it is better to commit the keeping of our Souls in well-doing, with such hazards as attend the outward Man, then for the preservation of the outward Man, to strain any Religious Opi­nion in reference to civil Concerns in any such manner or measure as is inconsistent with the general Laws of Religion and Nature, for who­ever makes use of any such method to preserve his civil Concerns, or defend or propagate his Religion, it may be suspected he is either wrong in his Opinion, or takes a wrong course to main­tain it.