The grand case of subjection to the higher powers in matters of religion resolved to which is added an appendix to a late book intituled A plea for liberty of conscience, wherein the kings supream power in ecclesiastical matters is asserted ... / by James Jones, a Protestant-dissenter, and now a prisoner in Woodstreet-compter for nonconformity.

AN APPENDIX To a late Paper, called A PLEA for LIBERTY of CONSCIENCE: WHEREIN The Kings Supream Power in Ecclesiastical Matters, is Further Asserted.

FOrasmuch as I have lately Published a small Book, Intituled, A Plea for Liberty of Conscience, Grounded upon the Holy Word of God, and the Royal Word of the King; I have since met with some Objections against the said Plea, as it is Grounded upon the Kings Royal Promise; some of the Kings liege Subjects affirming, That there is a Final End of the said Promise. But I do humbly conceive that my Plea for Liberty of Con∣science is substantially founded upon those several Reasons therein soberly urged, and particularly upon his Majesties Royal Promise, as one of those Reasons: For the better clearing whereof, I must of necessity Recite his Ma∣jesties Princely Expressions when he Repeated his Promise a considerable time after it was first made. Pray see his Majesties Declaration of December 26. 1662. (Page 7.)

We well Remember the very Words from Breda, viz. We do Declare a Liberty to Tender Consciences, and that no man shall be Disquieted or called in Question for Differences of Opinion in matters of Religion, which do not disturb the Peace of the Kingdom, and that we shall be rea∣dy to consent to such an Act of Parliament, as upon Mature Delibera∣tion shall be offered to us, for the full Granting that Indulgence.

We well Remember the Confirmations we have made of them since, upon several Occasions in Parliament, and as all these things are still fresh in our Memory, so are we still firm in the Resolution of Perform∣ing them to the full; But, it must not be wondred at, (since that Par∣liament to which those Promises were made, in Relation to an Act, ne∣ver thought fit to offer us any to that purpose) that being so Zealous

as we are, (and by the Grace of God shall ever be) for the Mainte∣nance or the True Protestant Religion, finding it to be shaken (not to say Overthrown) as we did, we should give its Establishment the Pre∣cedency before Matters of Indulgence to Dissenters from it: But that being once done, (as we hope it is sufficiently by the Bill of Vniformi∣ty) we are glad to lay hold on this Occasion, to Renew unto all our Loving Subjects Concerned in those promises of Indulgence, by a True Tenderness of Conscience, this Assurance, (Page 8.) That as in the first place, We have heen Zealous to settle the Vniformity of the Church of England, in Discipline, Ceremony and Government, and shall ever constantly maintain it; so as for what Concerns the penalties up∣on those who (Living Peaceably) do not Conform thereunto, through Scruple, and Tenderness of Misguided Conscience, but Modestly and without Scandal, perform their Devotions in their own Way, We shall make it our special Care, so far forth as in Vs lies, without Inva∣ding the Freedom of Parliament, to incline their Wisdom at the next Approaching Sessions, to concur with us in the making some such Act for that purpose, as to Enable us to Exercise with a more Vniversal Satisfaction, THAT POWER OF DISPENSING, which we conceive to be INHERENT IN US; nor can we doubt of their chearful Co-operating with us, in a thing wherein we do conceive our selves so far Engaged both in Honour, and in what we owe to the peace of our Dominions, (Page 9.) Which we profess we can never think secure, whilst there shall be a Colour left to the Malicious and Disaffected, to in∣flame the minds of so many Multitudes upon the score of Conscience, with despair of ever obtaining any Effect of our promises for their Ease.

Objections.

Objection I. But some will be ready to Object and sav, That since this his Majesties Declaration, the House of Commons did Vote and Resolve in Feb. 1663.

First, That the thanks of this House be returned to his Majesty, for his Resolution to maintain the Act of Ʋniformity.

Secondly, That it be presented to the Kings Majesty as the humble advice of this House, that no Indulgence be granted to the Dissenters from the Act of Ʋniformity.

Objection II. And since this Advice, an Act of Parliament hath been made for the punishing of such as are Dissenters from the Church of England. See the Act against Conventicles, April, 1670.

Answer.

Let not these things be thought to be Unanswerable Objections, and so Con∣clude that there is a Total and Final End of that GOOD contained in the Kings Promise, (viz. Liberty of Conscience.) And therefore let these few following things be soberly Considered, as an Answer to the former Objections.

First, Consider who did best, the KING in making this Promise, of so great a Good, to so great a Body of his Subjects, as the Protestant-Dissenters are, and pressing the compleat Performance of it; or the House of Commons, in advising the King to the contrary; Especially Considering the great strength of Argument in the Kings Words, in the before-mentioned Decla∣ration (Page 9.) Wee do conceive our selves so far ingaged, Both in Honour and in what we owe to the Peace of our Dominions, which we profess we can never think secure, whilst there shall be a Colour left to the Malicious and Disaffected, to inflame the minds of so many multi∣tudes upon the score of Conscience, with despair of ever obtaining any Effect of our promises for their Ease.

Secondly, Consider that the Votes and Advice of a House of Commons, cannot wholly make Null and Void the Promise of a KING, if the matter of the Pro∣mise be Good and Lawful in it self; And especially if the King hath a legal Power in himself to perform such Promise, or any Part thereof.

Thirdly, Consider that though that House of Commons did Vote and Advise not to grant the Promised Indulgence by Act of Parliament, yet they did not (neither could they) thereby, viz. By their Votes, take away the Power of the King in Ecclesiasticall matters, so as he should not Suspend or Abate the severe Prosecutions of the Laws in matters of Religion, which is the first part of his Majesties Royal Promise, viz. That no Man shall be disquieted or called in Question for Differences of Opinion, in matters of Religion, which do not disturb the Peace of the Kingdom.

Fourthly, Consider that though the House of Commons, at that time did not think meet to Establish Liberty of Conscience by a Law: Yet they left the King in the Injoyment of his Supream Power, to Dispense with the Penal∣ties of such Laws as were already made against Dissenters from the Church of England.

Fifthly, Consider that his Majesty hath Declared in the fore-mentioned Declaration, that he did conceive, that he had an Inherent Power in him∣self, to dispence with the Penalties attending his Subjects, who living Peace∣ably could not Conform, But did Modestly and without Scandal perform their De∣votions in their own way. (See Page 8.)

Sixthly, Consider that though the Parliament long after this, did make an Act against Seditious Conventicles in the Year 1670. Yet they were very careful to Reserve unto the King his Supream Power in Ecclesiastical Affairs: (See Page 24 of the said Act, thus Worded:) provided also, That neither this Act, nor any thing therein contained, shall Extend to Invalidate or A∣void his Majesties Supremacy in Ecclesiastical Affairs; but that his Ma∣jesty and his Heirs and Successors may from time to time, and at all times hereafter, Exercise and Enjoy all powers and Authorities in all Ecclesiasti∣cal Affairs, as fully and as amply as himself or any of his predecessors have or might have done the same, any thing in this Act notwithstanding.

Seventhly, Consider that after this Act had been Severely Prosecuted against the Protestant-Dissenters, in many parts of this Kingdom, to the very great damage of many Protestant Families, his Majesty was pleased to take this matter into his Princely Consideration, and did think himself Obliged to make use of his Supream Power in Ecclesiastical Matters, for Ease and Relief of his distressed Subjects.

See his Majesties Declaration to all his loving Subjects, published by the Advice of his Privy-Counsel, March 15. 1671/2. Which runs thus: (Page 3.) Our Care and Endevours for the preservation of the Rights and Interests of the Church have been sufficiently manifest to the World, by the whole course of our Government, since our Happy Restauration, and by the many & frequent ways of coercion that we have used for reducing all Erring or Dissenting persons, and for composing the unhappy differences in mat∣ters of Religion, which we found among our Subjects upon our Return: (Page 4.) But it being evident by the sad Experience of twelve Years, that there is very little Fruit of all those Forceable corses, we think our self Obliged to make use of that Supream Power in Ecclesiastical Matters, which is not only INHERNET IN US, but hath been DECLARED and RECOGNIZED to be so by SEVERAL STATƲTES and ACTS OF PAR∣LIAMENT; and therefore we do now accordingly issue this our Declara∣tion, as well for the quieting the minds of our good Subjects in those points, for the inviting Strangers in this conjuncture, to come and Live

under us, and for the better Encouragement of all, to a chearful Follow∣ing of their Trade and callings, from whence we hope by the Blessing of God, to have many Good and Happy Advantages to our Government. (Page 5.) We do declare our will and pleasure to be, that the Execution of all, and all manner of Penal-Laws in matters Ecclesiastical, against whatsoever Sort of Nonconformist or Recusants, BE IMMEDIATLY SUSPENDED, and they are Suspended. And all Iudges, Iudges of Assise, and Gaol delivery; Sheriffs, Iustices of the Peace, Mayors, Bayliffs and other Officers whatsoever, whether Ecclesiastical or Civil, are to take notice of it, and pay due Obedience thereunto.

Objection III. But some will yet further Object and say, That the House of Commons at the sitting of the Parliament after this Declaration, did disapprove of this Indulgence as it was Granted by the King.

Answer I. What is before replyed to the first Objection, concerning the Resolves and Advice of the House of Commons in 1663. may very well serve as an Answer to this Objection, viz. That the Votes of the House of Com∣mons doth not take away, nor deprive his Majesty of his Supream Power in Ecclesiastical Affairs to DISPENCE WITH THE PENALTIES, and SƲS∣PEND THE SEVERE PROSECƲTION OF THE LAWS in matters of Religion, for ease of his Potestant and Peaceable Subjects.

Answer II. And besides this, if there be any Argument from the Votes and Resolves of the House of Commons in 63. When they OPPOSED what the King Pressed for, as the Performance of so great and so good a Promise, it is humbly conceived, There is much more Argument from what was Voted and Resolved by that House of Commons, in November 1680. In these words: Sabbati Sexto die Nov. 1680. Resolved Nemine Contradicente, That it is the Opinion of this House, that the Acts of Parliament made in the Reign of Queen Elizabeth, and King James against Popish Recusants, ought not to be Extended against Protestant Dissenters. Forasmuch as this latter Resolve of the House of Commons, is in some sence an Exposition of former Penal-Statutes, as not being designed against Protestànts; But more especially the Argument is, Because this Resolve of the House of Commons in Nov. 1680. doth Agree with his Majesties Royal Pro∣mise, that his Protestant and Peaceable Subjects should not be disquieted for Mat∣ters of Religion.

Now from these things, soberly Considered, It may be safely concluded, That His Majesty hath Sufficient Power to perform his Royal Promise: And if the Poor Protestant-Dissenters must be spoiled by severe Prosecutions, It is not for want of promise, nor for want of power on the Kings part to help them; Forasmuch as the King hath Asserted, That he hath a Supream Power in Ecclesiastical Affairs, not only inherent in himself, but Recogni∣zed to be so by divers Statutes and Acts of Parliament.

And therefore it is humbly and heartily desired, that his Majesty would be Graciously Pleased to Joyn his Royal Power with his Royal Promise, that so his Poor Protestant Subjects may be eased of those many Miseries that they now groan under. And as this would be joyfully and thankfully accepted of by the Prosecuted Protestants, so may His Majesty hope by the Blessing of God to have many good and happy Advantages to his Government thereby.