A moderate and safe Expedient, &c.
IF it please the Parliament to take the condition of the Roman Catholicks into serious consideration, they may, perhaps, finde cause to give them liberty of conscience in England; or as much toleration, at least, as people of that profession have in Holland (which is little lesse then a liberty of conscience) although that State might perhaps finde more reason, then the State of England hath, to be jealous of such persons: but by experience, the Hollanders finde that way to succeed well with them. Neverthelesse, in case the Parliament shall not think fit to do so, they may be pleased to give to so many of them as will accept thereof, free & publick leave to transplant themselves, families, and estates, into Mariland, a Province in America, above 3000 miles distant from England, upon these ensuing considerations, both of the reasons for their departure, and of such encouragements as are requisite to enduce those of that profession here, voluntarily to transplant themselves thither.
1 In regard they are conceived dangerous persons [Page 4] to this State (according to the Policy and Religion of the present government) it were better they should willingly banish themselves from hence, then that they should continue here obnoxious to it; and so the intention of the lawes made against them (for and in respect of their Religion) may be with lesse imputation of severity fulfilled. For certainly the chief (if not only) end of those lawes was to free this Kingdome, as much as might be, of such persons, and not to enrich the King, much lesse to satisfie any thirst of blood, no more, then of any other penall laws made against any subjects that are Protestants.
2 It may be doubted, that those who live in pain will contrive and endeavour, by all the meanes they can, to ease themseves: and therefore the more ready way to remove the fears and jealousies which this State hath of the said Roman Catholicks, is not to keepe them here under the heavie burthen of the penall Laws made against them for their Religion; but either to let them enjoy here the rights, and liberties of other freeborn subjects; or else to give them leave to go into another countrey, where they may enjoy them.
3 That they should, on that Condition, have leave also to dispose of their estates here, aswell as to goe from hence, is but just and reasonable, and [Page 5] agreeing with good policy, For conformity to the Church of England (which at any time exempts them from the penalty of the said lawes) and banishment, have both one effect, as to the prime end of those Lawes, to wit, the decrease of Roman Catholiques in England, and it was not their being Roman Catholiques, but their being soe in England, which caused the said lawes, wherefore, ablata causa t [...]llitur effectus, in this case, may be a just plea for them, and their persons, and estates, (without which they can subsist no where) have too neer a relation to one another to be voluntarily parted, so as to deny this, is (in effect) to deny them leave to go, & to force them away, without their estates, might make them have animum revertendi: which affection, in desperate & discontented persons, might perhaps be of ill consequence to England. Moreover to give them leave to go, and to deny them leave to dispose of their estates, might bring a dishonourable imputation on this State, in making the World believe, that the lawes here against Recusants were made, or at least wise now made use of, for lucre only, and not for advancing the Gospel. And the Honourable Houses of Parliament may be pleased in this case of voluntary banishment, to allow the said Roman Catholicks as much favour as the Spaniards did [Page 6] the Moores, in theirs, which was compulsive; who, notwithstanding, had free leave to dispose of their estates in Spaine, before their departure from thence. If the Parliament shall not think fit to let them dispose of all their estates, especially such as have born arms against them; then it may be required, that upon the sale, a competent proportion, of the value, be paid to the use of the State. And, no doubt, many good bargains will, by this means, be afforded to Protestant Purchasers, together with an unquestionable title, from the true owners.
4 To let them go to Mariland, is better, then that they should go into any Forein Princes Dominions; because it will not be for the honour, nor perhaps for the safety of England, to permit another Princes Territories to be supplyed with people, by any considerable number of the Natives of this Kingdome: Whereas the planting of the said Roman Catholicks in Mariland (wch hath a dependance on the Crown of England) Will conduce much to the honour and profit of this State and Nation, by enlarging the Dominions thereof, by encrease of trade and shipping, by vent of our native commodities, by importation of others, and, consequently, by improvement of customes; for they cannot subsist in Mariland, without yearly supplies of many [Page 7] necessaries from England, and, at so remote a distance, no danger from them to this Kingdome can rationally be feared: and they will certainly rather stay still in England, in any condition, then go into any other of the Kings dominions where they cannot have the liberty of their conscience, or be in any hazard of restraint thereof, either in present or future, for that were; but to exchange the place, and an enlargement of their miseries.
5 Publick license and approbation of the Parliament, to depart and make provisions, is requisite and necessary in this case, for them; and an Ordinance where by they may be enabled, notwithstanding other Ordinances, laws, & Sequestrations, as also Entailes, to dispose of their estates here, and assured that they shall have no molestation in their passage from hence, nor in their residence and abode in Mariland, but all just protection from this State: and that they may freely enjoy there the benefit and priviledges of that government, which is appointed for that Province by his Majesties Charter to the Lord Baltemore, a Roman Catholick (it being in the nature of a County Palatine depending on the Crowne of England, and invested, together with the land, in the said Lord Baltemore and his heirs by patent in the 8th yeare of this Kings raigne) [Page 8] that upon confidence thereof they may transplant themselves thither: For otherwise they will not dare to adventure upon such a designe, for fear that when, with much hazard, toile, and expence they shall have disposed of themselves tha [...] way, and perhaps made themselves uncapable of subsisting any where else; they may, through want of such assurances, be utterly ruined: and they had need to be very well secured of these encouragements, to help them to overcome many other difficulties and incommodities which attend a new Plantation.
6 This will much mitigate the censure which Forein States of that profession in Religion may have of this government, in respect of the severe proceedings against the said Roman Catholicks here, for their Religion. And may remove as well divers obstacles in future Treaties, with some of those States, which perhaps have heretofore arisen between this and them, in contemplation of the said Roman Catholicks; as all Designes which any such State may have upon them, for the disturbance of the peace of this Kingdome, while they remain under heavie burthens here: And this favor shewed unto them, will certainly oblige the said Roman Catholicks in a strong bond of fidelity, to their Native Countrey.
7 To conclude, by this means, a tender conscience shal not be violenced, a suspected party will be removed, an unity in this nation the more confirmed, an increase of the dominion of this Crown acquired; and, with these, the end of all those Laws against Recusants, viz. Their decrease in this Kingdom, more speedily brought to effect▪ which hath been long, but with smal successe, endeavoured.
Obiections Answered touching MARILAND.
Object. 1 IT may be Objected that the Lawes against the Roman Catholikes were made in order to their conformity to the Protestant Religion, for the good of their Soules, and by that meanes to free this Kingdome, of Popery, rather then of their persons, but such a Licence for them to depart this Kingdome and to go into Mariland, or any Country where they may have free liberty of their Religion, would take away all hopes of their conformity to the Church of England.
Anſw. It is evident that Reason of State (for the safety of the King and Kingdome) more then of Religion, was the cause and end of those Lawes, for there are no such against divers other professions of Religion in England, although they be as different from the Doctrine of the Protestant Church, established by Law, in this Kingdome, as that of the Roman Catholiques is: And this Reason of State appeares also in the nature of most of those Lawes, for they expresse great doubts and jealousies of the said Roman Catholiques affection to, and dependance on a Forraigne power, and tend therefore most of them, to disinable them by confining, disarming, &c) from plotting or doing any mischiefe to the King or State, and to secure their allegiance to the King by oathes, &c. and the penalties of divers of them [Page 10] are abjuration of the Realme, which puts them out of the way of conformity to the Church of England. Moreover, conversion in matter of Religion, if it bee forced, should give little satisfaction to a wise State of the fidelity of such Convertites, for those who for worldly respects will breake their Faith with God, doubtlesse will doe it, upon a fit occasion, much sooner with men; and for voluntary conversions such Lawes could be of no use, wherefore certainely the safety of King and Kingdome was the sole ayme and end of them.
Object. 2 Such a Licence will seeme to be a kinde of tolleration of (at least a connivence at Popery) which some may find a scruple of conscience to allow of in any part of the Kings Dominions, because they esteem it a kinde of Idolatry, and may therefore conceive that it would scandalize their Brethren, and the Common people here.
Anſw. Such scrupulous persons may aswell have a scruple to let the Roman Catholiques live here, though it bee under persecution, as to give way to such a Licence, because banishment from a pleasant, plentifull, and ones owne native Country, into a Wildernesse, among Salvages and wild Beasts, although it proceed (in a manner from ones own election) yet, in this case, where it is provoked by other wayes of persecution, is but an exchange rather then a freedome of punishment, and perhaps, in some mens opinions, from one persecution to a worse, For divers Malefactors in this Kingdome, have chosen rather to be hanged then to goe into Virginia, when, upon that condition, they have bin offered their lives, even at the place of Execution, and [Page 11] they may, with more ground, have a scruple of conscience to let any of the said Roman Catholiqiues to goe from hence into France (which few or none certainely can have in contemplation of Religion only, and this Parliament hath given Passes to divers of them for that purpose) hat being more properly the Kings Dominions then is all that great part of North America, (wherein Mariland is included) unto which the Crown of England layes claime, upon the Title of discovery only, except such part thereof as is actually seated and possessed by some of his Subjects, and therefore in the Preamble of the Lord Baltemores Patent of Mariland, the enlargement of the Kings Dominions is recited as a motive of the Grant, which inferres that it could not so properly bee esteemed his Dominions before, as when, by vertue of such a grant, it should be planted by some of his Subjects, And if it be all the Kings Dominions notwiahstanding; then why have not such scrupelous persons a scruple, to suffer the Indians (who are undoubted Idolators) as they doe, to live there, which if they cannot conveniently prevent (as without question they cannot, unlesse it be by granting such a Licence) they may aswell suffer those whom they esteem Idolators, as those whom they and all other Christians whatsoever repute and know to be so, to inhabit and possesse that Country. Moreover they may also (aswel as in this) have a scruple to treat or make, or continue a League, or to Trade with any Forraigners of that Religion, because in their oppinions they are Idolators, or to permit the publique Ministers of any such Forraigne Prince or State to have the free exercise of their Religion, while they are in England, and may [Page 12] feare giving scandall to others by such tollerations or connivences: All which neverthelesse we see done, even in these times, and allowed of, aswell by the Parliament as the King, upon [...]eason of state, for the good and safety of this Realme. So may this Licence bee also thought by such persons, a good expedient for the same purpose. And if any (of the weaker sort) should be scandalized at it, the scandal would be, acceptum not datum, and therefore not to be regarded by a wise and judicious Prince or State.
Object. 3 By it the Kings Revenue will be impaired, in loosing the benefit which the said Lawes give him, out of Recusants Estates, while they continue in England of that profession of Religion.
Anſw. The end of those Lawes was not the Kings profit, but (as is said before) the freeing of this Kingdome of Recusants which deprives the King of an [...] benefit by them, so as his Majesty will have no wrong don him by such A Licence, because he will loose nothing by it, of what was intended him by the said Lawes; this is no ancient Revenue of the Crowne, for it had inception but in Queene Elizabeths time, and conformity or alienation to a Protestant deprives the King of this Revenue, if there were no Crimes at all committed in England, the King would loose many Fines, and confiscations, whereby his Revenue would also be impaired (Wch in the other, as well as in this branch of it, is but casuall) and yet, without question the King and State would both desire it: the same reason holds in this, considering what opinion is had here of the Recusants, where fore it cannot, with good manners, be doubted that his Majesty will, in this businesse, preferre his own benefit, [Page 13] before that which the State shall conceive to be convenient for his safety and the puqlique good.
Object. 4 It would much prejudice this Kingdome by drawing a considerable number of people, and transporting of a great deale of wealth, from hence.
Anſw. The number of all the Recusants in England is not so great, as that the departure of them all from hence would make any sencible diminution of people in it, and their profession in Religion would make them the lesse missed here. If the number were great, then consequently (according to the Maximes of this State) they were the more dangerous, and there would be the more reason, by this meanes, to lessen it: And if it bee but small (as indeed it is) then their absence from hence would little prejudice the Kingdome in the decrease of people, nor will such a Licence occasion the transportation of much wealth out of England, for they shal not need to carry any considerable summes of money with them, nor is it desired that they should have leave so to do, but only usefull things for a Plantation, as Provisions for Cloathing▪ and Building, and Planting Tooles, &c. which will advantage this Kingdome by increase of Trade, and vent of its native Commodities, and transferre the rest of their Estates, by Bills of Exchange, into Bankes beyond Sea, which tends also to the advantage of the Trade of England, for more stock by this meanes will be imployed in it.
Object. 5 It may prove dangerous to Virginea and New England, where many English Protestants are planted, Mariland being Scituated betweene them both, because it may be suspected that the said Roman Catholiques will bring in the Spaniards or some other Forraigne [Page 14] Enemy to suppresse the Protestants in those parts, or perhaps grow strong enough to doe it of themselves, or that in time (having the Government of that Province of Mariland in their hands) they may and will shake off any dependance on the Crowne of England.
Anſw. The English Colonies in New-England are at least 500 miles, and that of Virginea 100 miles distant from Mariland, and it will be a long time before Planters can be at leisure to think of any such designe, and there is little cause to doubt, that any people, as long as they may live peaceably under their owne Government, without oppression either in Spiritualls or Temporalls, will desire to bring in any Forraigners to domineere over them, which misery they would undoutedly fall into, If any considerable Forraigne Prince or State (who are only in this case to be feared) had the possession of the English Collonies in Virginea or New England, But the number of English Protestants already in Virginea and New England, together with the poverty of those parts, makes it very improbable that any Forraigne Prince or State will bee tempted to undergoe the charge and hazard of such a remote designe, it being well knowne that the Spanish Colonies in the West Indies are farther distant then Europe is from thence; If any danger were to be suspected, in that way, from the said Recusants, the like suspition of bringing in a Forraigne Enemy into England, may (as indeed it hath often been) be had of them, while they are here, for the difference of scituation may ballance the difference of the power, betweene this Kingdome and those parts, for the accomplishing of such a designe, and certainely (of the two) it were much better to [Page 15] throw that hazard (if it were any) upon Virginea and New England, then to have it continue here; Much lesse cause is there to feare that they should grow strong enough of themselves to suppresse the Protestants in those parts: For there are already atleast three times as many protestants there, as there are Roman Catholiques in all England, And the Protestants in Virginea and New England are like to increase much faster, by new supplyes of people yearely from England, &c. Then are the Roman Catholiques in Mariland, Moreover although they should, (which God forbid, and which the English Protestants in those parts will in all probability be still able to preven [...]) shake off any dependance on the Crowne of England▪ yet, first England would, by this meanes, be freed of so many suspected persons now in it: Secondly it would loose little by it: And lastly, even in that case, it were notwithstanding more for the Honour of the English Nation, that English men, although Roman Catholiques, and although not dependant on the Crowne of England, should possesse that Country then Forraigners, who, otherwise, are like to doe it: for the Swedes and Dutch have two severall Plantations already in New England, and upon the Confines of Mariland, (betweene the English Colonies in New-England and Mariland) and doe incroach every day more and more upon that continent, where there is much more Land then all the Kings Protestant Subjects in all his Dominions, (were they there) would be able to possesse: But the assurance of protection from the Crowne and State of England, upon all just occasions, either of danger from A Forraigne Enemy, or [Page 16] of wrongs which may be done unto them by his Majesties Protestant Subjects in those parts, and the benefit of Trade with England for year [...]ly supplies, without which they will not be able to subsist, will be strong tyes, if there were no other, to binde them to continue their dependance on it.
Moreover the Mouth of the Bay of Cheseapeacke, being but narrow, and at which all ships that come to Mariland must enter, is within the precincts and power of the Colony of Virginea▪ and the Planters of Virginea, will by the accesse of so many Neighbours be much advantaged, because their Cattle & many other commodities, which they abound in, and have no vent for, and which this new Colony will stand in need of, will, by this meanes, yeeld them good rates, which now are of little value to them, wherefore certainly they will feare no prejudice, but will be glad of such a market for improvement of their estates: though perhaps some petty Marchants heere▪ traders to Virgines, may conceive it prejudicial to them, and therefore may make religion, and other vaine pretences of danger to Virginea, or this state, the cloake of their avarice, to hinder this designe; whereas, in truth, it can bee nothing else, but feare of increase of the Commodities, they deale in, and consequently of an abatement of the prices, that may incline them to oppose it.
FINJS.