A Remonstrance reference to the Act, to prevent and suppress Seditious Conventicles, Super verba, Being a Subject of this Realm. Which showeth, ●hat by the said Act it seems, as if the Magistrates did, as it were, unadvisedly and incompetently proceed against the Subjects of Foreign Princes, as namely, the Germans, Dutch, Frenchmen, and the like, contrary to the said Act: And so charge the Government of England with a Prejudice, not to be slighted. Conf. Act. 22.25.  
By Albertus Otto Faber.  
London, Printed in the Year 1664.   

A REMONSTRANCE in reference to the Act, to prevent and suppress Seditious Conventicles, super verba, Being a Subject of this Realm, etc.  
1. THe Title (al. Rubrica or Rubrum) is this; An Act to prevent and suppress Seditious Conventicles.  
2. The Text (al. Nigrum) following declares in substance, that For providing of speedy Remedies against the growing and dangerous practices of seditious Sectaries, and other disloyal persons, who under pretence of Tender Consciences, do at their Meetings contrive Insurrections: it is enacted, That if any person, [being a Subject of this Realm] shall be present at any Assembly, Conventicle or Meeting, above four persons, under colour or pretence of any exercise of Religion, than the Magistrate shall commit every such Offender to the Goal or House of Correction, there to remain without Bail or Mainprize, for any time, not exceeding the space of three months, unless such Offender shall pay down such sum of money, not exceeding five pounds for the first Offence. And for the second Offence, he shall incur the said penalty of Imprisonment, not exceeding six months, or pay down such sum of money, not exceeding ten pounds. And for the third Offence the Magistrate shall commit him as aforesaid, until the next Sessions, which shall happen first, where he shall be proceeded against by Indictment, in order to lawful Conviction and Transportation: and in case of escaping or returning unto this Realm of England, Dominion of Wales, [and] Town of Berwick, the party so escaping or returning, shall be adjudged a Felon, and shall suffer Death as in case of Felony, without benefit of Clergy.  
3. Three things are generally to be proved here, ere any one can be convicted by the said Act; 1. That any one hath been at a Conventicle, such as is defined in this Act. 2. That he be a Subject. 3. Of this Realm.  
4. As concerning the definition of a Conventicle, such as is defined in the said Act, mark first; what says its Title or Rubric, viz. To suppress Seditious Conventicles. So all public and open Meetings or Assemblies; as for instance, those of Stage-players and Bear-baitings, etc. are excluded here, because all what in the Act following shall be spoken, must strictly (especially being a penal Law.) be understood only of Conventicles, according to the principle of Laws, viz. Interpretatio Nigri fluit ex Rubro, quae in paenalibus strictior & benignier est, that is, When some one, looking upon the sign of a house where is written, Here is Coffee to be had, he knows that Sack or Rhenish wine is excluded, as not to be sold there. So accordingly is this the definition: A Conventicle is an unlawful Assembly, or Meeting of seditious Sectaries and other disloyal persons, being Subjects of this Realm, who do contrive Insurrections, under pretence of tender Consciences, and exercise of Religion.  
5. As concerning that [being a Subject] it's true, when the words of the Act were written down in the general, thus; If any person shall be present at any Conventicle, etc. it would include all generally, as well Foreigners or Inhabitants in this Realm, as the Subjects of the same. But being, of set purpose, limited and restrained upon the Subjects of this Realm, all Foreigners are thereby evidently excluded.  
6. Nay, by so much the more, that the Act stands not only restrictively upon the Subjects, but adds, [of this Realm] And so excludes all Irishmen and Scottishmen too.  
7. Therefore all this aught to be proved first, ere any proceeding against any person, upon that account may be legal and justified in the sight of the world: Provided always, that a particulari ad Universale non valet consequentia. And therefore Verba generalia secundum Naturam subjectae rationis restringenda sunt. Neque enim quae in odium paucorum introducta sunt, ad omnes extendi ratio & jura permittunt, presertim in statutis, quorum verba semper strictè sunt accipienda & secundum communem loquendi usuns.  
8. Wherefore it is quite contrary to the Principles, especially those of penal Laws, to extend the word Subject beyond its natural sense, because Juditium penale non excedit casum, sed ut in statutis, it a multò magis in paenalibus & odiosis verba Legis in benigniorem partem accipi debent, that is, the penal Judgement exceedeth not the case, but the words of the Law are to be understood according to their strict (viz. most common and natural) signification, to save men's lives.  
9 And it might be inquired for, in all the Laws of England, if any where the word Subject is ever said or spoken of any other, than such as are Englishmen or Naturalised. If so; to what purpose serves the Naturalisation? If not, why must it now in this odious matter be forced beyond its strength, as to include generally all that are in the King's protection? That would seem to the Aliens, as if they under the suffering of this Act should purchase the Naturalisation; Or justly might be required, What then those words, being a Subject of this Realm, did imply, for as much as all that are in England, are in the King's protection? But I verily believe, that in case a Germane upon such an account, as being a Subject of this Realm, would buy some Land, and make use of the Privileges of Englishmen, the Judges would soon find him not capable.  
10. Therefore the case is plain, if men would but prevail with their Reason, lest under pretence of Executing the Law, they are found guilty of Oppression, and fall into the Condemnation of the Most-High.  
11. For if the Judges (and Jurymen) sit on the Bench to save men's Lives, when the Law in any respect is not broken, might it not, in case they endeavour all what they can to take away men's lives contrary to the Law, justly be answered; as it is written: Sittest thou to judge me after the Law, and commandest me to be smitten contrary to the Law? Such like Judges methinks might well be suspected, and consequently by the Authority of the Law, recused.  
12. And furthermore, The reason of these restrictive words, [Being a Subject, etc.] will make it up: for, 1. because the issue of the Act is, Servitude and Transportation to the King's Plantations beyond the Seas; which penalty, as being unfit to be executed against a Foreigner, caused this Restriction of the said Act, referring itself upon the Subjects alone; and therefore to make it evident, these words [being a Subject of this Realm] have been inserted of set purpose.  
13. Whereby Evidence is given, that the King's intention by the said Act is only carried on to a Reformation of his own Subjects first of all, before those of other Nations, not willing (in the first place) to countenance the Foreigners sooner, than he may have brought to a Conformity his Own.  
14. Which being performed, the Foreigners (it might be supposed) would not be looked upon as men of Reason, in case All Subjects of this Realm were brought to an unanimous Uniformity, they would rest without it, and yet be Inhabitants of this Realm.  
15. And therefore I bid all men consider, if the inferior Magistrates do not according to what is here declared, deal prejudicially to the King and Government of England, when they imprison men, in order to Servitude and Transportation, and cannot afterwards, when it comes to Trial, sentence or execute them, according to Law and Reason of the same? And do they not wrong foreign Kings and Princes? and become guilty of false Imprisonment?  
16. So this may give Evidence enough, that Foreigners by the Act to suppress, etc. are proceeded against unjustly and contrary to the said Act. It is therefore in vain, to say, they must execute the Law, when they do more than any Law requires to be done, making only, of what they say is a Law, a Cover of their Intentions, in complying with, or repairing unto that, which binds them not, by which the Inexcusableness of men shall be evident at that time, when the Lord shall judge them, however they seem now to be, as the Prophet Esdras saith, 2 Esd. 12.72. Paraenesis ad quorum Interest.  
17. But be it known herewith to all concerned in this matter, that if the Principle the Quakers are possessors of, be from God, than no power of men can overthrow them, let them stir and bustle and clamour and rage and banish and persecute whatever they can.  
18. And if the Principle the Quakers are possessors of, be not from God, let them worship and pretend and colour and meet, and suffer Persecution, Imprisonment, Banishment, yea, Death itself, all will not keep them standing, but they must fall, without all such bustling or any man's power. So,  
19 This is the old Principle of Gamaliel, true, and never found false, or there could be no Christians.  
20. And will stand, when there are no Persecuters any more, or there would remain no Christians.  
21. Mark here, ye that are Atheists, if the Foundation of the Christian Faith were but a Device of men, by what reason may ye think that it might be possible, that by no power of the world they could be overthrown in these 1664 years? Tell me, could ever any thing in the world, by what wisdom of men soever, thus be established, that it should stand so long as the Christians have done, and cannot be weakened as yet, although battered by all Ages? Would they not die outright by themselves, like as other things have done, that ye reckon to be more real and reasonable? Nay, have not always all powers, that endeavoured what they could to overthrow them, been overthrown themselves, and have perished? Have they not all been like a Ship, that hits against a Rock to split it, and have they not been split themselves? If not, where are they then? let them come forth, that we may see them: Because I see the Christians are still in being and alive. But they are all gone, and lie in their graves, and are rotten, and shall never see the Light again. But the Christians stand in battle still, as ready to fight, yet to kill no body, but rather to die. Yet they must live, and those must die that will kill them.  
22. What is then the best, to fight against God, and perish; or yield unto his power, and be saved?  
23. O pitiful undertake, that are beyond men's strength! If a Child should adventure to carry a Millstone to the top of Paul's Steeple, would you not laugh at it? And yet you encounter greater difficulties. Be not angry, but consider if Truth be not spoken here.  
24. Moreover, Have ye ever stated the case of the Jews against Jesus; When first Jesus came and shown his Power in Miracles, doing many good works, he was very welcome and beloved amongst the Jews, except the Priests. All people ran after him, and wondered at him, except the Priests. And no man spoke ill of him, 〈◊〉 well, except the Priests. Because no man found any thing in him, nor in his Life and Conversation that was reproachful, and the Priests neither. But when Jesus began to reprove the Priests, their hatred, envy, maliciousness arose in them, and Persecution began, till finally unto death itself. All people (the sober sort of them) pitied Jesus and wept. But the Priests drew the most cruel sort of the Nation, and they joined, and blamed, and stirred up the people, and cried out against Jesus, until they had brought the whole Realm of the Jews into a commotion and confusion. There Jesus must be a Seditious Man, a Seducer, a Blaspemer, a Devil, and what not? And all this by the Priests. And the more Jesus did reprove them for it, in meekness, in patience, in truth, the more they grew bad, shrewd, envious, till at last they resolved to kill him; Because (said they) all people drew after him. And here the Priests uttered their chief cause. Then assembled together the Archpriests, the Lawyers, and the Senators of the Nation, in the Palace, and said, What do we? for this man doth many Miracles; If we let him thus alone, all men will believe on him, and the Romans shall come, and take away both our place and Nation. Therefore they consulted, how they might take Jesus by subtlety and kill him. Now, to make a new Law on purpose, they needed not, because they had a Law of God himself, which they could find him guilty of, according to the very letter; and this was the Law, He that blasphemeth the Name of the Lord, he shall surely be put to death, Levit. 24.26. And so Jesus being in the eyes of the Archpriests, Lawyers and Senators, but a poor silly Carpenter of Nazareth, who did teach publicly, That all that would be saved must believe in him, for he was God's Son, sent to the end he should be their King: Tell me, wisemen, what evidence needed they more to find him guilty? For as to be convinced otherwise by his Miracles, such like had been wrought by many Prophets of old, who never-the-more did amount to that highness, of professing themselves Sons of God. And as concerning his Miracles, they did not reprove him for, but as it is written, for Blasphemy, and because he being a man, made himself a God, Joh. 10.33.  
25. So tell me, all Judges and Jurymen, if Jesus should come at this very day before your Bar, must ye not find him guilty, according to the express letter and evidence of the fact? If so, wherefore do ye chide and tax the Jews, who had such a Godly old Law, not made by men, on purpose: a Law, whose letter and reason of the same did so well agree together, that they found themselves strictly, (and not hypocritically, as to please men) bond to take the execution of it, as being by so many sad experiences oftentimes most sadly, both by Wars, Captivity, and other Plagues, warned and reproved for the neglecting of the Law of God?  
26. If now, provided the expressedness of the Law of God, and the evidence of the fact, the Archpriests, Lawyers and Senators of the Realm of the Jews, and the universal multitude of the than Jewish Church, notwithstanding their far more (by divine Authority expressedly sub paena Capitis, Deut. 17.8.) authentical Infallibility, did most fundamentally err and mistake, and so deceive notoriously the whole Nation, bringing them into (at this very day) endless misery, to be left without excuse; what will become of such as scarce can pretend a Law, though made on purpose, one after another, yet still by reason of the same they cannot hit the mark, nor will their Witnesses agree together, Mark. 14.56, and 59 And yet they will still foot upon, and show themselves as it were bound to the Execution of it, where neither Evidence of the Fact, nor the leas● reason of the same may excuse them. Therefore if the green tree is cut off, think what shall be done in the dry, Luke 23.31. So loving Friends, find out the cause which made the Jews to stumbles, and it will show you your own case, like as in a Looking-glass.  Isa. 51.7, 8, 9 and Chap. 66.5. 
London, 14th of the 7th month, 1664.  
THE END.