WHereas it is objected against the People called Qua­kers, That they are transgressors of the Kings Law, and therefore the sufferings which is inflicted upon them, is just, and the Magistrate bound by his Oath to inflict the same; and that if they would free themselves from those sufferings, they must unform to the Law, and that they may not call those sufferings persecution for Conscience-sake, but execution of the Law, and Admi­nistration of Justice.

And forasmuch as the said people called Quakers, are found in the practice of that which seems to be forbidden by the Law, and therefore by many are judged transgressors of the Law; these following particulars being seriously weighed, and duely considered, may serve to convince all sober-minded people, that according to the true intent and meaning of the Law, (as it is agreeable to the righteous end of all Govern­ment) the said people are not guilty of the transgression thereof; and therefore in Equity and good Conscience ought not to suffer the penalties, and undergo the punishments that are therein prescribed.

I. The just Laws of England, and all Nations, are grounded upon Right Reason; and it hath been the declared opinion of the most able Lawyers, (yea, and a Maxime among them) That whatever Law is made, if it be not grounded upon right Reason, and hath not that for its foundation, such a Law so made, is in it self null and void.

II. And this Right Reason hath always respect to the good and well being of all people, who are to be governed by such Laws, to protect, countenance and encourage the good in the well-doing, and to discountenance and punish the contrary, [Page 2]and to prevent men from doing evil, and from hurting, inju­ring and destroying one another, and to keep all in peace and love, that people might live a quiet and peaceable life, in all godliness and honesty: And this is the righteous End of all Government; and if any Law be made contrary to this End, its against the very Being and End of all just Government.

III. And the Reason of the Law is expressed in the Pream­ble to the Law or Statute; and the Reason so expressed ought always to be the Rule of his, or their Judgements (both in the Exposition and Execution thereof) who are intrusted with the Administration of the Law, and Judgement ought to be given accordingly.

IV. And herein onely doth the Magistrate perform his trust and keep his Oath, as he hath respect to the Reason on which the Law is grounded, and makes that the Rule of his Judge­ment in all cases, and proceeds accordingly; and not in the strict observance of the Formalities and Punctillioes, which are but the skirts and subburbs of the Law, Reason being the very life and substance thereof.

V. And if any judgement be given, or Law put in executi­on contrary to the Reason of the Law, such a Judgement or Execution is in it self unjust, and contrary to the Law, and therefore may not be called Execution of Justice, or Admini­stration of the Law, but Injustice and Oppression on whomso­ever it is acted.

VI. And if that which is alledged as the Reason of the Law (and ought to be the Rule of Judgement in the Administra­tion and Execution thereof) be not so in it self, then such a Law so made, is groundless, and without foundation; and as its said, Where there is no Law, there is no transgression; so where there is no cause found which is alledged as the Reason of the Law, there being no transgression or evil committed, there is no need of a Law.

VII. Now the Reason exprest in the Preamble to the Law [Page 3]made against the Meetings of the People called Quakers, is a suggestion, that under pretence of Religious Worship, the said persons do often assemble themselves in great numbers in se­veral parts of this Realm, to the great endangering of the pub­like peace and safety, and to the terror of the people, by main­taining a secret and strict correspendence amongst themselves, &c. These are the words in the Preamble to the Law, as the reason thereof.

VIII. And if the case were rightly stated, and their Judge­ments truly informed who made this Law, as concerning the end and intent of such Meetings, and that they were really of such bad Consequence, & would produce such evil effects, then it were good reason to suppress them, and this reason were a good ground and foundation for such a Law, because it makes provision for publike peace and safety, and to prevent the contrary.

IX. But if the case be mis-stated concerning the end and in­tent of such their Meetings; and that it neither hath, doth, or can produce such effects as is suggested, then there is no rea­son for such a Law, and so no ground nor foundation, and consequently no Law; and where there is no Law, there can be no transgression, and in good Conscience ought to be no pu­nishment.

X. And the Reason of the Law being the Rule of Judge­ment to every one, in the Exposition, Execution and Admini­stration of the Law, in order to the performing their Trust, and keeping their Oaths inviolably, if they are perswaded in their Consciences that the people called Quakers are not guilty of the crimes suggested, nor their Meetings held to such in­tents, nor do produce such effects as is alledged as the Reason of the Law; such Magistrates so perswaded, are not obliged by their Oaths to suppress such Meetings, nor to inflict penalties and punishments upon the persons of them which do so meet together.

XI. But we the people called Quakers, have the Testimony of a clear Conscience in the sight of God, concerning our in­nocency, and the uprightness of our hearts in this particu­lar, that what is suggested against us, as the end or intent of our meeting together, never entered into our hearts, neither [Page 4]was ever such effects produced through any occasion by us gi­ven; and in this case we appeal to the Consciences of all Ma­gistrates in England, yea even to our greatest Enemies, and to all the World, Whether ever it were known, or can be proved against us, That we design any such things in our Meetings; or whether such effects have at any time been produced by rea­son of such our Meetings. Therefore we judge, That accord­ing to Reason and good Conscience we ought to enjoy our Meetings, and not have them supprest, nor we made to suffer in our Persons or Estates for so doing.

XII. Again, the Reason of the Law (which is the very life and being thereof) supposeth, That the people called Qua­kers do onely pretend to Religious Worship in their said Meet­ings; but that the intent of their Meetings is the disturbance of the publike peace, &c. which if so, it is acknowledged it were very just and reasonable, yea absolutely necessary to suppress them; because the suppressing of them would tend to the pre­servation of the publike peace and safety.

XIII. Therefore it appears by the Reason of the Law, That it was not the intent of them that made the Law, to suppress Meetings that are indeed for Religious Worship, but such who onely pretend thereunto, and under such pretences design something to the endangering of the publike peace: So that Meetings which are indeed and in truth kept for Religious Worship towards God, free from all such evil designs and false pretences, are not (according to the Reason of the Law) to be supprest, nor the persons so meeting, to be punished.

XIV. Then if the people called Quakers do really and in­tentionally meet in a way of Religious Worship towards God, according to the perswasion of their Consciences, free and clear from all such false pretences, and evil designs, and that their Meetings do produce no such bad effects as the Reason of the Law provides against, then the Reason of the Law being the root and foundation, yea the life and being thereof, is not against them, neither is the Magistrate obliged by his oath to execute it upon them.

XV. But we the people called Quakers, are clear in our con­sciences in the sight of the Lord, that our Meetings together is not under a pretence of Religious Worship, to disturb the pub­like [Page]peace, or to endanger the same, nor to hurt or injure any person whatsoever, either in life, limb, liberty or estate, nor to affright or terrifie them; but in the fear of the Lord in real­lity and intention of our hearts, to worship him in the spirit and in the truth, according to the perswasion of his holy spi­rit in our hearts and consciences, whereby we are drawn in de­sires after him, that we might come to the knowledge of him whom to know is life eternal, and might enjoy his presence in our souls, which is more to us than all the glory of the World, and might know his leadings, and follow him who is the Cap­tain of our salvation, and Prince of Peace, who leads his peo­ple out of darkness, and out of all unrighteousness, and puts an end to all strife, and takes away the occasion of Wars, by slaying the lust in the heart, from whence Wars cometh; Who teacheth us to love enemies, and to endeavour the good of all people, and to seek to save mens lives, and not destroy them. And this is the very end of our meeting together, to wait up­on the Lord to seel the operation of his holy Spirit in our hearts, thus to order our conversation, that we might do that which is well pleasing in his sight, and have the testimony in our hearts, that we are accepted of him, that we might live to his praise and glory, who is over all, God blessed for ever.

XVI. And if Magistrates are thus perswaded, and can thus believe concerning the ground and end of our Meetings, We hope they wil not then judge themselves bound or obliged by their Oaths to execute the Law upon us, because its contrary to the Reason thereof; and we believe many at this day are thus perswaded concerning us; and we are consident, that for these divers years past, since we have been of this per­ [...]sion, and distinguished from other people by the Name of [...]uakers, and meet together after this manner, though there hath happened many and great revolutions in the world, and especially in this land wherein we live, yet it cannot be proved that we have intermedled with those things, neither hath any such things been acted or designed by us, as is suggested, and as the reason of the Law provides against, although our pro­vocations thereunto hath been very great, and the opportu­nities of advantage to free our selves from our great and in­nocent sufferings, very many.

XVII. Again, it is to be considered, that by the Law many [Page]times in one and the same action, the intent and purpose of the mind, very much alters the case, and makes it more or less hainous; and the Reason of the Law doth proportion punish­ments suitable thereunto; yea, in the same cases the very pur­pose of the mind in one and the same action, makes it to be a transgression in a high nature, or no transgression at all. As for instance, The killing of any person, although the action may be one and the same, yet it is found either wilful Murder, or Man-slaughter, according to the purpose of his mind that com­mitted the Fact; and the Reason of the Law makes a differ­ence in the punishment. So also in the breaking open of a House, if it be with a Felonious intent, to steal any thing out of the House, it is Burglary, which is death without be­nefit of the Clergy. But if a person break into a House, or break down a House to stop or prevent fire in a Town or City, it is no transgression by the law. And here onely the intent of the mind alters the case, although the action be one and th [...] same.

XVIII. So although the People called Quakers are found in action of meeting together, yet forasmuch as the intent of their minds is not to do those things which the Reason of the Law provides against, which is exprest in the Preamble thereof; nei­ther can those things be proved against them, nor such effects ever produced by them; therefore the reason of the law doth not condemn them for meeting together, neither according to Equity and good Conscience ought they to suffer for so doing.

The consideration of these things (though many more weighty Rea­sons might be given to plead our justification and vindication in this m [...] ­ter) may serve to convince any that are entrusted with the Executio [...] that Law, that they are no more obliged by their Oaths, then they required by the Act it self, to put it in execution upon us, and tha [...] Objection commonly made against us, is fully answered.